Notice of Proposed Buy America Waiver, 71121-71122 [2011-29525]
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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2011–0064]
Notice of Proposed Buy America
Waiver
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of proposed Buy America
waiver.
AGENCY:
The Philadelphia Center City
District (CCD) has asked the Federal
Transit Administration (FTA) to waive
its Buy America requirements as
applied to a proposed contract award for
the renovation of Dilworth Plaza
adjacent to City Hall in Philadelphia,
Pennsylvania. More specifically, CCD is
seeking a waiver for the procurement of
glass panels needed to construct two
structural glass pavilions covering stairs
leading from the surface level to
underground transit stations operated
by the Southeastern Pennsylvania
Transportation Authority.
DATES: Comments must be received by
November 23, 2011. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: Please submit your
comments by only one of the following
means, identifying your submissions by
docket number FTA–2011–0064. All
electronic submissions must be made to
the U.S. Government electronic site at
https://www.regulations.gov.
Commenters should follow the
instructions below for mailed and handdelivered comments.
(1) Web site: https://www.regulations.
gov. Follow the instructions for
submitting comments on the U.S.
Government electronic docket site;
(2) Fax: (202) 493–2251;
(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–2011–0064. 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
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:45 Nov 15, 2011
Jkt 226001
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
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 FR 19477), or visit
https://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 of 49 CFR
part 661 to permit the Center City
District to award a construction contract
for the renovation of Dilworth Plaza,
located adjacent to City Hall in
Philadelphia, Pennsylvania, where no
proposal submitted to CCD included a
valid Buy America Certificate of
Compliance.
The FTA’s general requirements
concerning domestic preference for the
procurement of manufactured products
are set forth in 49 U.S.C. 5323(j). Under
49 U.S.C. 5323(j)(2)(B), and the
implementing regulation, 49 CFR
661.7(c), those requirements may be
waived if the goods produced in the
United States are not produced in a
sufficient and reasonably available
amount. The FTA will presume that
conditions exist to grant a nonavailability waiver if no responsive and
responsible bid is received that offers
the items produced in the United States.
49 CFR 661.7(c)(1).
Structural glass is a manufactured
product. As such, it must comply with
the standard set forth at 49 CFR
661.5(d): All of the manufacturing
processes for the product must take
place in the United States. A
manufacturing process requires the
alteration of materials or elements
resulting in either added value or
transformation of those materials or
elements into a functionally different
end product.
On September 20, 2011, CCD received
proposals from nine general contractors.
The proposals included glass panels to
be utilized in the construction of two
structural glass pavilions as part of the
renovations. Based on research
conducted in early 2011, CCD’s design
team concluded that no glass
manufacturer had the capability to
fabricate the glass panels in the United
States. This is due to the size of the
panels and the laminated glass make-up
PO 00000
Frm 00168
Fmt 4703
Sfmt 4703
71121
and edge polishing requirements.
Although five proposals included a Buy
America Certificate of Compliance, CCD
determined that each proposer
certifying compliance offered glass
panels that included at least one
manufacturing process occurring
outside the United States.
The two all-glass entry pavilions are
to be comprised of structural glass
panels including glazing and other
systems as follows:
a. Pavilion Walls (52 total panels):
Frameless 5-ply (10 mm ply) laminated
heat strengthened low iron glass panels
with ionoplast interlayer, DuPontTM
SentryGlas or approved equal. The
manufacturer must be capable of
fabricating the described panel with the
following dimensions—61″ x 232″.
b. Pavilion Roof Panels (36 total
panels): Frameless 7-ply (10 mm ply)
laminated heat strengthened low iron
glass panels with ionoplast interlayer
DuPontTM SentryGlas or approved
equal. The manufacturer must be
capable of fabricating the described
panel with the following dimensions—
56″ x 202″.
The glass edges of single plies must be
machine-polished. The panels must be
fabricated so that all sealant joints are
capable of withstanding tensile and
shear stresses imposed, and capable of
withstanding joint movements imposed
without failing adhesively or
cohesively.
To ensure consistent quality of
appearance and performance, CCD has
specified that the glass panels must be
produced by a single manufacturer or
fabricator for each kind and condition of
glass indicated in the specifications, and
composed of primary glass obtained
from a single source for each type and
class required. Heat-Treated Float Glass
must be fabricated to ASTM C 1048;
Type I; Quality-Q3; Class I (clear). Wall
panels must be fabricated by horizontal
(roller-hearth) process with roll-wave
distortion parallel to bottom edge of
glass as installed.
Of the manufacturing processes
described above, it is FTA’s
understanding that facilities do not exist
in the United States to perform one or
more of the manufacturing processes.
CCD has requested a non-availability
waiver that would allow certain
processes to occur outside the United
States. If granted, the non-availability
waiver for this project would be limited
to the specific manufacturing processes
that cannot be done in the U.S. All other
manufacturing processes would need to
take place in the United States, as
required by the Buy America rules.
In the interest of transparency, FTA
has published copies of CCD’s request to
E:\FR\FM\16NON1.SGM
16NON1
71122
Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
the docket. Interested parties may access
these materials by visiting the docket
site at https://www.regulations.gov,
docket number FTA–2011–0064. Before
deciding whether to grant CCD’s
request, FTA seeks comment from all
interested parties. FTA requests that
commenters describe the manufacturing
process for structural glass and identify
the processes that can and cannot be
performed in the United States. Please
submit comments by November 23,
2011. Late-filed comments will be
considered to the extent practicable.
Issued this 8th day of November, 2011.
Dorval R. Carter, Jr.,
Chief Counsel.
[FR Doc. 2011–29525 Filed 11–15–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[U.S. DOT Docket No. NHTSA–2011–0162]
Reports, Forms, and Recordkeeping
Requirements
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Request for public comment on
proposed collection of information.
AGENCY:
Before a Federal agency can
collect certain information from the
public, it must receive approval from
the Office of Management and Budget
(OMB). Under procedures established
by the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), before seeking
OMB approval, Federal agencies must
solicit public comment on proposed
collections of information, including
extensions and reinstatements of
previously approved collections.
This document describes an
Information Collection Request (ICR) for
which NHTSA intends to seek OMB
approval.
SUMMARY:
Comments must be submitted on
or before January 17, 2012.
ADDRESSES: Direct all written comments
to the U.S. Department of
Transportation Dockets, 1200 New
Jersey Ave. SE., Washington, DC 20590.
You may also submit comments
electronically at https://www.
regulations.gov. All comments should
refer to the Docket No. NHTSA–2011–
0162.
mstockstill on DSK4VPTVN1PROD with NOTICES
DATES:
FOR FURTHER INFORMATION CONTACT:
Jessica Cicchino, Ph.D., Contracting
Officer’s Technical Representative,
Office of Behavioral Safety Research
(NTI–131), National Highway Traffic
VerDate Mar<15>2010
17:45 Nov 15, 2011
Jkt 226001
Safety Administration, 1200 New Jersey
Ave. SE., W46–491, Washington, DC
20590. Dr. Cicchino’s phone number is
(202) 366–2752 and her email address is
jessica.cicchino@dot.gov.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must publish a document in
the Federal Register providing a 60-day
comment period and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information. The OMB has
promulgated regulations describing
what must be included in such a
document. Under OMB’s regulations (at
5 CFR 1320.8(d)), an agency must ask
for public comment on the following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) How to enhance the quality,
utility, and clarity of the information to
be collected; and
(iv) How to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks public
comment on the following proposed
collection of information:
Title: Instrumented On-Road Study of
Motorcycle Riders.
Type of Request: New information
collection request.
OMB Clearance Number: None.
Form Number: This collection of
information uses no standard forms.
Requested Expiration Date of
Approval: 3 years from date of approval.
Summary of the Collection of
Information: In this study, the National
Highway Traffic Safety Administration
(NHTSA) will be conducting on-road
instrumented vehicle data collection
with a total of 160 motorcycle riders to
examine motorcycle riders’ behaviors as
they typically ride. Volunteers will be
recruited to have their motorcycles
outfitted for one year with
instrumentation such as cameras, GPS,
and accelerometers that will capture
data on normal riding behavior
whenever their motorcycles are ridden.
PO 00000
Frm 00169
Fmt 4703
Sfmt 4703
Before participating in the on-road
portion of the study, participating
motorcycle riders will be asked to
complete intake questionnaires that will
ask about their demographics, riding
history, self-reported behavior, and
perceptions. After completing the onroad study, participants will be asked to
complete a short debriefing interview
that will focus on their experiences
riding with the instrumentation in the
past year. If a participant is involved in
a motorcycle crash during the study, he
or she may be asked additional
questions about the circumstances
surrounding the crash. This subjective
data will be combined with the
objective data from the instrumentation
on actual riding behavior to help
NHTSA develop a better understanding
of if a rider’s demographic
characteristics, riding history, selfreported behavior, and perceptions are
linked to his or her behavior on the
road.
Need and Use of Information: The
National Highway Traffic Safety
Administration (NHTSA) was
established to reduce the mounting
number of deaths, injuries, and
economic losses resulting from motor
vehicle crashes on the Nation’s
highways. As part of this statutory
mandate, NHTSA is authorized to
conduct research as a foundation for the
development of motor vehicle standards
and traffic safety programs.
Motorcycle fatalities have increased
over the past decade at an alarming rate.
In 2009, 4,462 motorcycle riders were
killed in the US. This marks the first
time the number of motorcycle fatalities
has decreased after steadily increasing
over 11 years; however, even with this
decline, the number of motorcycle
fatalities in 2009 was nearly double that
from a decade earlier. Motorcycles made
up 3% of the registered vehicles in the
US in 2009 but motorcyclists accounted
for 13% of the total traffic fatalities.
Knowledge of both how riders
successfully avoid crashes and of
behaviors that correlate with and
contribute to crash risk is crucial to
developing effective countermeasures to
reduce motorcycle crashes and fatalities.
Data describing actual events are
difficult to collect. Riders and law
enforcement officers are not always
aware of what caused a crash after the
fact. It is even more difficult to identify
behavioral factors associated with safe
riding, and the actions of riders during
evasive maneuvers that did not result in
a police-reportable crash. Studies using
instrumented vehicles to collect data on
the real-world driving of passenger car
and truck drivers have provided
unprecedented information describing
E:\FR\FM\16NON1.SGM
16NON1
]]>Agencies
[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71121-71122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29525]
[[Page 71121]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2011-0064]
Notice of Proposed Buy America Waiver
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of proposed Buy America waiver.
-----------------------------------------------------------------------
SUMMARY: The Philadelphia Center City District (CCD) has asked the
Federal Transit Administration (FTA) to waive its Buy America
requirements as applied to a proposed contract award for the renovation
of Dilworth Plaza adjacent to City Hall in Philadelphia, Pennsylvania.
More specifically, CCD is seeking a waiver for the procurement of glass
panels needed to construct two structural glass pavilions covering
stairs leading from the surface level to underground transit stations
operated by the Southeastern Pennsylvania Transportation Authority.
DATES: Comments must be received by November 23, 2011. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: Please submit your comments by only one of the following
means, identifying your submissions by docket number FTA-2011-0064. All
electronic submissions must be made to the U.S. Government electronic
site at https://www.regulations.gov. Commenters should follow the
instructions below for mailed and hand-delivered comments.
(1) Web site: https://www.regulations.gov. Follow the instructions
for submitting comments on the U.S. Government electronic docket site;
(2) Fax: (202) 493-2251;
(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-2011-0064. 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 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 FR 19477), or visit https://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 of 49 CFR part 661 to permit the Center City
District to award a construction contract for the renovation of
Dilworth Plaza, located adjacent to City Hall in Philadelphia,
Pennsylvania, where no proposal submitted to CCD included a valid Buy
America Certificate of Compliance.
The FTA's general requirements concerning domestic preference for
the procurement of manufactured products are set forth in 49 U.S.C.
5323(j). Under 49 U.S.C. 5323(j)(2)(B), and the implementing
regulation, 49 CFR 661.7(c), those requirements may be waived if the
goods produced in the United States are not produced in a sufficient
and reasonably available amount. The FTA will presume that conditions
exist to grant a non-availability waiver if no responsive and
responsible bid is received that offers the items produced in the
United States. 49 CFR 661.7(c)(1).
Structural glass is a manufactured product. As such, it must comply
with the standard set forth at 49 CFR 661.5(d): All of the
manufacturing processes for the product must take place in the United
States. A manufacturing process requires the alteration of materials or
elements resulting in either added value or transformation of those
materials or elements into a functionally different end product.
On September 20, 2011, CCD received proposals from nine general
contractors. The proposals included glass panels to be utilized in the
construction of two structural glass pavilions as part of the
renovations. Based on research conducted in early 2011, CCD's design
team concluded that no glass manufacturer had the capability to
fabricate the glass panels in the United States. This is due to the
size of the panels and the laminated glass make-up and edge polishing
requirements. Although five proposals included a Buy America
Certificate of Compliance, CCD determined that each proposer certifying
compliance offered glass panels that included at least one
manufacturing process occurring outside the United States.
The two all-glass entry pavilions are to be comprised of structural
glass panels including glazing and other systems as follows:
a. Pavilion Walls (52 total panels): Frameless 5-ply (10 mm ply)
laminated heat strengthened low iron glass panels with ionoplast
interlayer, DuPontTM SentryGlas or approved equal. The
manufacturer must be capable of fabricating the described panel with
the following dimensions--61'' x 232''.
b. Pavilion Roof Panels (36 total panels): Frameless 7-ply (10 mm
ply) laminated heat strengthened low iron glass panels with ionoplast
interlayer DuPontTM SentryGlas or approved equal. The
manufacturer must be capable of fabricating the described panel with
the following dimensions--56'' x 202''.
The glass edges of single plies must be machine-polished. The
panels must be fabricated so that all sealant joints are capable of
withstanding tensile and shear stresses imposed, and capable of
withstanding joint movements imposed without failing adhesively or
cohesively.
To ensure consistent quality of appearance and performance, CCD has
specified that the glass panels must be produced by a single
manufacturer or fabricator for each kind and condition of glass
indicated in the specifications, and composed of primary glass obtained
from a single source for each type and class required. Heat-Treated
Float Glass must be fabricated to ASTM C 1048; Type I; Quality-Q3;
Class I (clear). Wall panels must be fabricated by horizontal (roller-
hearth) process with roll-wave distortion parallel to bottom edge of
glass as installed.
Of the manufacturing processes described above, it is FTA's
understanding that facilities do not exist in the United States to
perform one or more of the manufacturing processes. CCD has requested a
non-availability waiver that would allow certain processes to occur
outside the United States. If granted, the non-availability waiver for
this project would be limited to the specific manufacturing processes
that cannot be done in the U.S. All other manufacturing processes would
need to take place in the United States, as required by the Buy America
rules.
In the interest of transparency, FTA has published copies of CCD's
request to
[[Page 71122]]
the docket. Interested parties may access these materials by visiting
the docket site at https://www.regulations.gov, docket number FTA-2011-
0064. Before deciding whether to grant CCD's request, FTA seeks comment
from all interested parties. FTA requests that commenters describe the
manufacturing process for structural glass and identify the processes
that can and cannot be performed in the United States. Please submit
comments by November 23, 2011. Late-filed comments will be considered
to the extent practicable.
Issued this 8th day of November, 2011.
Dorval R. Carter, Jr.,
Chief Counsel.
[FR Doc. 2011-29525 Filed 11-15-11; 8:45 am]
BILLING CODE P
