Notice of Buy America Waiver Request From the Capital Metropolitan Transportation Authority of Austin, TX, 18800-18801 [E9-9467]
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18800
Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices
New Jersey Ave., SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6073). (These telephone numbers
are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Pub. L. 104–13, section 2, 109
Stat. 163 (1995) (codified as revised at
44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to
provide 60 days’ notice to the public for
comment on information collection
activities before seeking approval of
such activities by OMB. 44 U.S.C.
3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(I)–(iv); 5 CFR
1320.8(d)(1)(I)–(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
Below is a brief summary of the
proposed information collection
activities that FRA will submit for
clearance by OMB as required under the
PRA:
Title: Track Transportation Time
Study.
OMB Control Number: 2130—New.
Abstract: The Rail Safety
Improvement Act of 2008 (Pub. L. 110–
432) calls for a track inspection time
study to be performed by FRA. The
information required to develop the
RFEI notice
Respondent
universe
—Track Inspectors—Focus Groups ........................................
—Track Inspectors—Standard Survey ....................................
—Track Supervisors (Roadmasters) .......................................
—RR Middle Management (Div. Engineers) ...........................
—RR Senior Management (Senior Engineers) .......................
20 Individuals .........................
450 Individuals .......................
35 Individuals .........................
10 Individuals .........................
10 Individuals .........................
Total Responses: 407.
Estimated Total Annual Burden: 711
hours.
Status: Regular Review.
Pursuant to 44 U.S.C. 3507(a) and 5
CFR 1320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may
not conduct or sponsor, and a
respondent is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
Authority: 44 U.S.C. 3501–3520.
mstockstill on PROD1PC66 with NOTICES
report will be at least partially obtained
through a series of information
gathering surveys which are focused on
various aspects of track inspection. Each
survey will be customized for a
particular segment of the workforce and
will include track inspectors, track
supervisors or roadmasters, middle
management (division engineers), and
senior management (chief engineers).
The purpose of the proposed study is
to address four issues raised in the Rail
Safety Improvement Act: (1) Determine
whether the required intervals of track
inspections for each class of track
should be amended; (2) Determine
whether track remedial action
requirements should be amended; (3)
Determine whether different track
inspection and repair priorities or
methods should be required; and (4)
Determine whether the speed at which
railroad track inspection vehicles
operate and the scope of the territory
they generally cover allow for proper
inspection of the track and whether
such speed and appropriate scope
should be regulated by the Secretary.
Form Number(s): N/A.
Affected Public: Railroad Employees.
Respondent Universe: 500
Individuals.
Frequency of Submission: On
occasion.
Reporting Burden:
Issued in Washington, DC on April 20,
2009.
Kimberly Orben,
Director, Office of Financial Management,
Federal Railroad Administration.
[FR Doc. E9–9371 Filed 4–23–09; 8:45 am]
BILLING CODE 4910–06–P
VerDate Nov<24>2008
16:20 Apr 23, 2009
Jkt 217001
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2009–0020]
Notice of Buy America Waiver Request
From the Capital Metropolitan
Transportation Authority of Austin, TX
AGENCY: Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Buy America waiver
request and request for comments.
SUMMARY: The Capital Metropolitan
Transportation Authority (Capital
Metro) of Austin, Texas, has asked the
Federal Transit Administration (FTA) to
waive its Buy America requirements to
permit it to purchase rail car vehicles
that will be manufactured by Stadler
Bussnang AG (Stadler) in Switzerland.
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Frm 00118
Fmt 4703
Sfmt 4703
Total annual
responses
16
350
25
8
8
Average time
per response
(hour(s))
20
1
1
1
1
Total annual
burden hours
320
350
25
8
8
According to Capital Metro, the rail cars
are not available from a domestic
source. This Notice sets forth Capital
Metro’s arguments for a non-availability
waiver and seeks comment thereon.
DATES: Comments must be received by
May 1, 2009. Late-filed comments will
be considered to the extent practicable.
ADDRESSES: Please submit your
comments by one of the following
means, identifying your submissions by
docket number FTA–2009–0020. All
electronic submissions must be made to
the U.S. Government electronic site at
www.regulations.gov. Commenters
should follow the instructions below for
mailed and hand-delivered comments.
(1) Web site: www.regulations.gov.
Follow the instructions for submitting
comments on the U.S. Government
electronic docket site;
(2) Fax: (202) 493–2251;
E:\FR\FM\24APN1.SGM
24APN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices
(3) Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Docket Operations, M–30,
Room W12–140, Washington, DC
20590–0001.
(4) Hand Delivery: Room W12–140 on
the first floor of the West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Instructions: All submissions must
make reference to the ‘‘Federal Transit
Administration’’ and include docket
number FTA–2009–0020. Due to
security procedures in effect since
October 2001, mail received through the
U.S. Postal Service may be subject to
delays. Parties making submissions
responsive to this notice should
consider using an express mail firm to
ensure the prompt filing of any
submissions not filed electronically or
by hand. Note that all submissions
received, including any personal
information therein, will be posted
without change or alteration to https://
www.regulations.gov. For more
information, you may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 Fed. Reg. 19477), or visit
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jayme L. Blakesley at (202) 366–0304 or
jayme.blakesley@dot.gov.
SUPPLEMENTARY INFORMATION:
The purpose of this notice is to seek
public comment on whether the Federal
Transit Administration should waive its
Buy America requirements for six (6)
rail car vehicles to be manufactured and
assembled in Switzerland by Stadler
Bussnang AG (Stadler) for the Capital
Metropolitan Transportation Authority
(Capital Metro) of Austin, Texas.
Because Capital Metro has already
awarded a contract to Stadler, it has
asked for a post-award waiver.
Capital Metro set forth the grounds for
its request in a letter dated February 19,
2009, a copy of which will be placed in
the Docket: (1) Capital Metro acted in
good faith when in 2006 it planned to
use local sales tax revenues to fund its
contract with Stadler; (2) Actual sales
tax receipts are less than the amount
estimated in 2006; and (3) Both offers
submitted to Capital Metro proposed to
manufacture and assemble the rail cars
outside of the United States.
Capital Metro structured the RFP as a
locally funded procurement without
including many of the standard Federal
requirements like Buy America and
Cargo Preference. Because of a drop in
sales tax revenues, Capital Metro’s local
revenue source, the feasibility of
VerDate Nov<24>2008
16:20 Apr 23, 2009
Jkt 217001
funding this procurement with local
funds has been significantly
diminished. For this reason, Capital
Metro has decided to utilize Federal
funds and to seek a Buy America waiver
for this vehicle procurement. FTA notes
that Capital Metro did not request, and
did not receive, the Buy America
certification forms that are required in
federally funded procurements.
With certain exceptions, FTA’s ‘‘Buy
America’’ requirements prevent FTA
from obligating an amount that may be
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and
manufactured goods used in the project
are produced in the United States.’’ 49
U.S.C. 5323(j)(1). One such exception is
if ‘‘the steel, iron, and goods produced
in the United States are not produced in
a sufficient and reasonably available
amount or are not of a satisfactory
quality.’’ 49 U.S.C. 5323(j)(2)(B).
Section 3023(i)(5)(C) of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub. L. 109–59)
gave FTA the statutory authority to
issue post-award waivers. This authority
limits post-award waivers to nonavailability waivers only. Consequently,
the only post-award waivers granted to
date have been on the basis of nonavailability in cases in which the
contractor has made a certification of
compliance with the requirements in
good faith but, for reasons not foreseen
at the time of the initial RFP,
compliance was rendered impossible or
impracticable.
‘‘In determining whether the
conditions exist to grant a post-award
non-availability waiver, [FTA] will
consider all appropriate factors on a
case-by-case basis.’’ 49 CFR 661.7(c)(3).
Such factors will include ‘‘the status of
other bidders or offerors who are Buy
America compliant and can furnish
domestic material or products on an
FTA-funded project,’’ 72 Fed. Reg.
53,691 (Sept. 20, 2007), and ‘‘may
include project schedule and budget.’’
71 Fed. Reg. 69, 415 (Nov. 30, 2006). In
addition, FTA will look to ‘‘existing
precedents in public contracting law
and practice.’’ 71 Fed. Reg. 69,416 (Nov.
30, 2006). One such precedent is FTA’s
recent decision to grant a post-award
non-availability waiver to the Regional
Transportation Commission of Southern
Nevada in circumstances similar to
Capital Metro’s request.
FTA notes that, unlike with public
interest waivers, it is not required to
publish a notice in the Federal Register
before waiving its Buy America
requirements on the basis of nonavailability. In this instance, however,
FTA is proceeding with an abundance
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
18801
of caution, given the unique
circumstances by which a prospective
FTA grantee issued a request for
proposals without the inclusion of the
traditional Buy America clause,
intending to fully underwrite the
contract using exclusively local funding.
Therefore, in order to understand
completely the facts surrounding
Capital Metro’s request, FTA seeks
comment from all interested parties. A
full copy of Capital Metro’s petition has
been placed in docket number FTA–
2009–0020. Please submit comments by
May 1, 2009. Late-filed comments will
be considered to the extent practicable.
Issued this 20th day of April 2009.
Scott A. Biehl,
Acting Chief Counsel.
[FR Doc. E9–9467 Filed 4–23–09; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35238]
BNSF Railway Company—Temporary
Trackage Rights Exemption—Union
Pacific Railroad Company
Pursuant to a written trackage rights
agreement dated January 20, 2009,
Union Pacific Railroad Company (UP)
has agreed to grant temporary local
trackage rights to BNSF Railway
Company (BNSF) over UP lines
extending between: (1) UP milepost 93.2
at Stockton, CA, on UP’s Oakland
Subdivision, and UP milepost 219.4 at
Elsey, CA, on UP’s Canyon Subdivision,
a distance of approximately 126.2 miles;
and (2) UP milepost 219.4 at Elsey, CA,
and UP milepost 280.7 at Keddie, CA,
on UP’s Canyon Subdivision, a distance
of 61.3 miles.1
The transaction is scheduled to be
consummated on or after May 9, 2009,
the effective date of the exemption (30
days after the exemption is filed).
The trackage rights agreement will
permit BNSF to move empty and loaded
1 BNSF submits that the trackage rights being
granted here are only temporary rights, but, because
they are ‘‘local’’ rather than ‘‘overhead’’ rights, they
do not qualify for the Board’s class exemption for
temporary trackage rights at 49 CFR 1180.2(d)(8).
See Railroad Consolidation Procedures, 6 S.T.B.
910 (2003). Therefore, BNSF concurrently has filed
a petition for partial revocation of this exemption
in STB Finance Docket No. 35238 (Sub-No. 1),
BNSF Railway Company—Temporary Trackage
Rights Exemption—Union Pacific Railroad
Company, wherein BNSF requests that the Board
permit the proposed local trackage rights
arrangement described in the present proceeding to
expire at midnight on December 31, 2009, as
provided in the parties’ agreement. The petition
will be addressed by the Board in a separate
decision.
E:\FR\FM\24APN1.SGM
24APN1
Agencies
[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Notices]
[Pages 18800-18801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9467]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2009-0020]
Notice of Buy America Waiver Request From the Capital
Metropolitan Transportation Authority of Austin, TX
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Buy America waiver request and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Capital Metropolitan Transportation Authority (Capital
Metro) of Austin, Texas, has asked the Federal Transit Administration
(FTA) to waive its Buy America requirements to permit it to purchase
rail car vehicles that will be manufactured by Stadler Bussnang AG
(Stadler) in Switzerland. According to Capital Metro, the rail cars are
not available from a domestic source. This Notice sets forth Capital
Metro's arguments for a non-availability waiver and seeks comment
thereon.
DATES: Comments must be received by May 1, 2009. Late-filed comments
will be considered to the extent practicable.
ADDRESSES: Please submit your comments by one of the following means,
identifying your submissions by docket number FTA-2009-0020. All
electronic submissions must be made to the U.S. Government electronic
site at www.regulations.gov. Commenters should follow the instructions
below for mailed and hand-delivered comments.
(1) Web site: www.regulations.gov. Follow the instructions for
submitting comments on the U.S. Government electronic docket site;
(2) Fax: (202) 493-2251;
[[Page 18801]]
(3) Mail: U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Docket Operations, M-30, Room W12-140, Washington, DC
20590-0001.
(4) Hand Delivery: Room W12-140 on the first floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Instructions: All submissions must make reference to the ``Federal
Transit Administration'' and include docket number FTA-2009-0020. Due
to security procedures in effect since October 2001, mail received
through the U.S. Postal Service may be subject to delays. Parties
making submissions responsive to this notice should consider using an
express mail firm to ensure the prompt filing of any submissions not
filed electronically or by hand. Note that all submissions received,
including any personal information therein, will be posted without
change or alteration to https://www.regulations.gov. For more
information, you may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 Fed. Reg. 19477), or
visit www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jayme L. Blakesley at (202) 366-0304
or jayme.blakesley@dot.gov.
SUPPLEMENTARY INFORMATION:
The purpose of this notice is to seek public comment on whether the
Federal Transit Administration should waive its Buy America
requirements for six (6) rail car vehicles to be manufactured and
assembled in Switzerland by Stadler Bussnang AG (Stadler) for the
Capital Metropolitan Transportation Authority (Capital Metro) of
Austin, Texas. Because Capital Metro has already awarded a contract to
Stadler, it has asked for a post-award waiver.
Capital Metro set forth the grounds for its request in a letter
dated February 19, 2009, a copy of which will be placed in the Docket:
(1) Capital Metro acted in good faith when in 2006 it planned to use
local sales tax revenues to fund its contract with Stadler; (2) Actual
sales tax receipts are less than the amount estimated in 2006; and (3)
Both offers submitted to Capital Metro proposed to manufacture and
assemble the rail cars outside of the United States.
Capital Metro structured the RFP as a locally funded procurement
without including many of the standard Federal requirements like Buy
America and Cargo Preference. Because of a drop in sales tax revenues,
Capital Metro's local revenue source, the feasibility of funding this
procurement with local funds has been significantly diminished. For
this reason, Capital Metro has decided to utilize Federal funds and to
seek a Buy America waiver for this vehicle procurement. FTA notes that
Capital Metro did not request, and did not receive, the Buy America
certification forms that are required in federally funded procurements.
With certain exceptions, FTA's ``Buy America'' requirements prevent
FTA from obligating an amount that may be appropriated to carry out its
program for a project unless ``the steel, iron, and manufactured goods
used in the project are produced in the United States.'' 49 U.S.C.
5323(j)(1). One such exception is if ``the steel, iron, and goods
produced in the United States are not produced in a sufficient and
reasonably available amount or are not of a satisfactory quality.'' 49
U.S.C. 5323(j)(2)(B).
Section 3023(i)(5)(C) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L.
109-59) gave FTA the statutory authority to issue post-award waivers.
This authority limits post-award waivers to non-availability waivers
only. Consequently, the only post-award waivers granted to date have
been on the basis of non-availability in cases in which the contractor
has made a certification of compliance with the requirements in good
faith but, for reasons not foreseen at the time of the initial RFP,
compliance was rendered impossible or impracticable.
``In determining whether the conditions exist to grant a post-award
non-availability waiver, [FTA] will consider all appropriate factors on
a case-by-case basis.'' 49 CFR 661.7(c)(3). Such factors will include
``the status of other bidders or offerors who are Buy America compliant
and can furnish domestic material or products on an FTA-funded
project,'' 72 Fed. Reg. 53,691 (Sept. 20, 2007), and ``may include
project schedule and budget.'' 71 Fed. Reg. 69, 415 (Nov. 30, 2006). In
addition, FTA will look to ``existing precedents in public contracting
law and practice.'' 71 Fed. Reg. 69,416 (Nov. 30, 2006). One such
precedent is FTA's recent decision to grant a post-award non-
availability waiver to the Regional Transportation Commission of
Southern Nevada in circumstances similar to Capital Metro's request.
FTA notes that, unlike with public interest waivers, it is not
required to publish a notice in the Federal Register before waiving its
Buy America requirements on the basis of non-availability. In this
instance, however, FTA is proceeding with an abundance of caution,
given the unique circumstances by which a prospective FTA grantee
issued a request for proposals without the inclusion of the traditional
Buy America clause, intending to fully underwrite the contract using
exclusively local funding. Therefore, in order to understand completely
the facts surrounding Capital Metro's request, FTA seeks comment from
all interested parties. A full copy of Capital Metro's petition has
been placed in docket number FTA-2009-0020. Please submit comments by
May 1, 2009. Late-filed comments will be considered to the extent
practicable.
Issued this 20th day of April 2009.
Scott A. Biehl,
Acting Chief Counsel.
[FR Doc. E9-9467 Filed 4-23-09; 8:45 am]
BILLING CODE 4910-57-P