80_FR_71085 80 FR 70865 - Petition for Waiver of Compliance

80 FR 70865 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range70865-70865
FR Document2015-29162

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015)
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Page 70865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29162]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0115]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated October 16, 2015, Kansas City Southern Railway (KCS) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at CFR part 213. FRA assigned the petition Docket 
Number FRA-2015-0115.
    Pursuant to 49 CFR 213.113(a), KCS requests a waiver from the 
accepted practice of stop/start rail testing to start a 3-year pilot 
test process of nonstop continuous testing. The projected starting date 
for implementing the test process would be November 1, 2015. The test 
process would occur on the main tracks between Kansas City, MO, and 
Heavener, OK, on the Pittsburgh Subdivision and the Heavener 
Subdivision. Once the two initial subdivisions are completed, KCS would 
like to expand the test process to include the Shreveport Subdivision 
in Shreveport, LA. KCS intends to test the subdivisions within a 30- to 
45-day frequency.
    For this pilot test, the process would be similar to the waiver 
granted to Union Pacific Railroad in Docket Number FRA-2015-0003. KCS 
would not have parallel or redundant stop/start testing on the segments 
being tested in a nonstop process. KCS will produce a bimonthly report 
for FRA's Rail and Infrastructure Integrity Division managers. This 
report would include the in-service rail failure ratios per 49 CFR part 
213, a report on the miles tested, and the frequency of testing.
    The nonstop continuous rail testing vehicle will be a self-
propelled ultrasonic induction unit capable of testing at speeds up to 
30 mph. The data will be analyzed from a remote location facility by 
experts with experience reviewing Rail Flaw Detection test data. The 
field verification of suspected defects will be conducted by qualified 
and certified test professionals with recordable field validation 
equipment, based on GPS location and known track features. KCS believes 
nonstop continuous rail testing will provide the capability to test 
track more quickly and frequently, and to minimize the risk of rail 
service failures.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by December 16, 2015 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better 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 www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on Monday, November 9, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-29162 Filed 11-13-15; 8:45 am]
BILLING CODE 4910-06-P



                                                                         Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices                                                 70865

                                              Toronto, Ontario, Canada, with stock                    Railroad Administration (FRA) for a                   scheduling a public hearing in
                                              quoted on OTC Link (previously, ‘‘Pink                  waiver of compliance from certain                     connection with these proceedings since
                                              Sheets’’) operated by OTC Markets                       provisions of the Federal railroad safety             the facts do not appear to warrant a
                                              Group, Inc. (‘‘OTC Link’’) under the                    regulations contained at CFR part 213.                hearing. If any interested party desires
                                              ticker symbol RVDM, because it has not                  FRA assigned the petition Docket                      an opportunity for oral comment, they
                                              filed any periodic reports since the                    Number FRA–2015–0115.                                 should notify FRA, in writing, before
                                              period ended December 31, 2012. On                         Pursuant to 49 CFR 213.113(a), KCS                 the end of the comment period and
                                              November 7, 2014, the Division of                       requests a waiver from the accepted                   specify the basis for their request.
                                              Corporation Finance sent Riverdale                      practice of stop/start rail testing to start
                                              Mining a delinquency letter requesting                  a 3-year pilot test process of nonstop                  All communications concerning these
                                              compliance with their periodic filing                   continuous testing. The projected                     proceedings should identify the
                                              obligations, but the letter was returned                starting date for implementing the test               appropriate docket number and may be
                                              because of Riverdale Mining’s failure to                process would be November 1, 2015.                    submitted by any of the following
                                              maintain a valid address on file with the               The test process would occur on the                   methods:
                                              Commission, as required by                              main tracks between Kansas City, MO,                    • Web site: http://
                                              Commission rules (Rule 301 of                           and Heavener, OK, on the Pittsburgh                   www.regulations.gov. Follow the online
                                              Regulation S–T, 17 CFR 232.301 and                      Subdivision and the Heavener                          instructions for submitting comments.
                                              Section 5.4 of EDGAR Filer Manual).                     Subdivision. Once the two initial
                                                                                                      subdivisions are completed, KCS would                   • Fax: 202–493–2251.
                                                 It appears to the Securities and
                                              Exchange Commission that there is a                     like to expand the test process to                      • Mail: Docket Operations Facility,
                                              lack of current and accurate information                include the Shreveport Subdivision in                 U.S. Department of Transportation, 1200
                                              concerning the securities of Tresoro                    Shreveport, LA. KCS intends to test the               New Jersey Avenue SE., W12–140,
                                              Mining Corp. (CIK No. 1348788), a                       subdivisions within a 30- to 45-day                   Washington, DC 20590.
                                              defaulted Nevada corporation with its                   frequency.
                                                                                                         For this pilot test, the process would               • Hand Delivery: 1200 New Jersey
                                              principal place of business listed as                                                                         Avenue SE., Room W12–140,
                                              Vancouver, British Columbia, Canada,                    be similar to the waiver granted to
                                                                                                      Union Pacific Railroad in Docket                      Washington, DC 20590, between 9 a.m.
                                              with stock quoted on OTC Link under                                                                           and 5 p.m., Monday through Friday,
                                              the ticker symbol TSOR, because it has                  Number FRA–2015–0003. KCS would
                                                                                                      not have parallel or redundant stop/start             except Federal Holidays.
                                              not filed any periodic reports since the
                                              period ended November 30, 2012. On                      testing on the segments being tested in                 Communications received by
                                              May 5, 2014, Tresoro Mining received a                  a nonstop process. KCS will produce a                 December 16, 2015 will be considered
                                              delinquency letter sent by the Division                 bimonthly report for FRA’s Rail and                   by FRA before final action is taken.
                                              of Corporation Finance requesting                       Infrastructure Integrity Division                     Comments received after that date will
                                              compliance with their periodic filing                   managers. This report would include                   be considered as far as practicable.
                                              obligations.                                            the in-service rail failure ratios per 49
                                                                                                      CFR part 213, a report on the miles                     Anyone is able to search the
                                                 The Commission is of the opinion that                                                                      electronic form of any written
                                              the public interest and the protection of               tested, and the frequency of testing.
                                                                                                         The nonstop continuous rail testing                communications and comments
                                              investors require a suspension of trading
                                                                                                      vehicle will be a self-propelled                      received into any of our dockets by the
                                              in the securities of the above-listed
                                                                                                      ultrasonic induction unit capable of                  name of the individual submitting the
                                              companies.
                                                 Therefore, it is ordered, pursuant to                testing at speeds up to 30 mph. The data              comment (or signing the comment, if
                                              Section 12(k) of the Securities Exchange                will be analyzed from a remote location               submitted on behalf of an association,
                                              Act of 1934, that trading in the                        facility by experts with experience                   business, labor union, etc.). In
                                                                                                      reviewing Rail Flaw Detection test data.              accordance with 5 U.S.C. 553(c), DOT
                                              securities of the above-listed companies
                                                                                                      The field verification of suspected                   solicits comments from the public to
                                              is suspended for the period from 9:30
                                                                                                      defects will be conducted by qualified                better inform its processes. DOT posts
                                              a.m. EST on November 12, 2015,
                                                                                                      and certified test professionals with                 these comments, without edit, including
                                              through 11:59 p.m. EST on November
                                                                                                      recordable field validation equipment,                any personal information the
                                              25, 2015.
                                                                                                      based on GPS location and known track                 commenter provides, to
                                                 By the Commission.                                   features. KCS believes nonstop
                                              Jill M. Peterson,
                                                                                                                                                            www.regulations.gov, as described in
                                                                                                      continuous rail testing will provide the
                                                                                                                                                            the system of records notice (DOT/ALL–
                                              Assistant Secretary.                                    capability to test track more quickly and
                                                                                                                                                            14 FDMS), which can be reviewed at
                                              [FR Doc. 2015–29288 Filed 11–12–15; 4:15 pm]            frequently, and to minimize the risk of
                                                                                                                                                            www.dot.gov/privacy. See also http://
                                              BILLING CODE 8011–01–P                                  rail service failures.
                                                                                                         A copy of the petition, as well as any             www.regulations.gov/#!privacyNotice
                                                                                                      written communications concerning the                 for the privacy notice of regulations.gov.
                                              DEPARTMENT OF TRANSPORTATION                            petition, is available for review online at             Issued in Washington, DC, on Monday,
                                                                                                      www.regulations.gov and in person at                  November 9, 2015.
                                              Federal Railroad Administration                         the U.S. Department of Transportation’s               Ron Hynes,
                                                                                                      (DOT) Docket Operations Facility, 1200                Director, Office of Technical Oversight.
                                              [Docket Number FRA–2015–0115]
                                                                                                      New Jersey Avenue SE., W12–140,
                                                                                                                                                            [FR Doc. 2015–29162 Filed 11–13–15; 8:45 am]
                                              Petition for Waiver of Compliance                       Washington, DC 20590. The Docket
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                            BILLING CODE 4910–06–P
                                                                                                      Operations Facility is open from 9 a.m.
                                                In accordance with part 211 of Title                  to 5 p.m., Monday through Friday,
                                              49 Code of Federal Regulations (CFR),                   except Federal Holidays.
                                              this document provides the public                          Interested parties are invited to
                                              notice that by a document dated October                 participate in these proceedings by
                                              16, 2015, Kansas City Southern Railway                  submitting written views, data, or
                                              (KCS) has petitioned the Federal                        comments. FRA does not anticipate


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Document Created: 2015-12-14 14:12:55
Document Modified: 2015-12-14 14:12:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 70865 

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