Document
Notice of Petition for Modification of Waiver of Compliance
This document provides the public notice that Brightline West (BW) petitioned FRA for a modification of relief from certain regulations concerning Tier III rolling stock for pas...
SUPPLEMENTARY INFORMATION:
Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated July 24, 2025, BW petitioned FRA for a modification of an existing waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR parts 229, Railroad Locomotive Safety Standards, and 238, Passenger Equipment Safety Standards. The relevant Docket Number is FRA-2020-0096.
The existing relief in this docket pertains to BW's Tier III rolling stock it plans to utilize for new passenger service from Las Vegas, Nevada, to Southern California. BW explains that, with certain exceptions, the rolling stock will comply with FRA's standards related to Tier III equipment, including the requirements FRA proposed on April 3, 2023.[]
While the proposals in that Notice of Proposed Rulemaking are still being finalized, BW requests relief from existing §§ 229.83, 238.121, and 238.123 regarding insulation or ground of metal parts, emergency communication, and emergency roof access.
A copy of the petition, as well as any written communications concerning the petition, is available for review online at
www.regulations.gov.
Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request.
Communications received by December 19, 2025 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable.
Privacy Act
Anyone can search the electronic form of any written communications and comments received into any of FRA's dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to
www.regulations.gov,
as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy. See also
https://www.regulations.gov/privacy-notice
for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.