[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Page 70865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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