Notice of the Buy America Waiver Request for Vossloh 101-LV Concrete Ties, 21620-21621 [2012-8633]

Download as PDF 21620 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices impacts of SpaceX’s proposal to launch orbital and suborbital launch vehicles from a private site in Cameron County in southern Texas. The EIS will consider the potential environmental impacts of the Proposed Action and reasonable alternatives, including the No Action Alternative. The successful completion of the environmental review process does not guarantee that the FAA would issue launch licenses and/or experimental permits to SpaceX. The project must also meet all FAA safety, risk, and indemnification requirements. srobinson on DSK4SPTVN1PROD with NOTICES Proposed Action The Proposed Action is for the FAA to issue launch licenses and/or experimental permits to SpaceX that would allow SpaceX to launch the Falcon 9 and Falcon Heavy orbital vertical launch vehicles and a variety of reusable suborbital launch vehicles from a launch site on privately-owned property in Cameron County, Texas. The Falcon 9 orbital vertical launch vehicle is a medium-lift class launch vehicle with a gross lift-off weight of approximately 1,000,000 pounds (lbs) with a maximum length of 230 feet (ft). The Falcon 9 uses liquid oxygen (LOX) and highly refined kerosene, also known as rocket propellant-1 or refined petroleum-1 (RP–1), as propellants to carry payloads into orbit. The Falcon Heavy is similar to the Falcon 9, except it has an additional two boosters ‘‘strapped on,’’ each booster being almost identical to the Falcon 9 first stage core. The Falcon Heavy is a heavy lift class launch vehicle with a gross liftoff weight of approximately 3,400,000 lbs. It has an overall maximum length of approximately 230 ft. A reusable suborbital launch vehicle could consist of a Falcon 9 Stage 1 tank with a maximum propellant (RP–1 and LOX) load of approximately 6,900 gallons. As part of the Proposed Action, SpaceX proposes to construct a vertical launch area and a control center area. The proposed vertical launch area site is currently undeveloped and is located directly adjacent to the eastern terminus of Texas State Highway 4 (Boca Chica Boulevard) and approximately 3 miles north of the Mexican border on the Gulf Coast. It is located approximately 5 miles south of Port Isabel and South Padre Island. At the vertical launch area, the new facilities required would include: an integration- and processinghangar, a launch pad and stand with its associated flame duct, propellant storage and handling areas, a workshop and office area, and a warehouse for parts storage. VerDate Mar<15>2010 16:26 Apr 09, 2012 Jkt 226001 The control center area would be located inland to the west of the vertical launch area and would include: A control center building and a payload processing facility; it might also include a launch vehicle preparation hangar and satellite fuels storage. All facilities would be constructed on private land owned or leased by SpaceX. The development of access and supporting utility infrastructure for the vertical launch area and the control center area may occur on lands outside that which is owned or leased by SpaceX. Operations would consist of up to 12 launches per year with a maximum of two Falcon Heavy launches. All Falcon 9 and Falcon Heavy launches would be expected to have commercial payloads, including satellites or experimental payloads. In addition to standard payloads, the Falcon 9 and Falcon Heavy may also carry a capsule, such as the SpaceX Dragon capsule. All launch trajectories would be to the east over the Gulf of Mexico. The potential environmental impacts of all proposed construction activities will be analyzed in the EIS, in addition to the impacts from operating the facilities and launching orbital and suborbital launch vehicles. The EIS will evaluate the potential environmental effects associated with: air quality; noise and compatible land use; land use, including Section 4(f) properties and Farmlands; coastal resources; biological resources, including threatened and endangered species; water resources, including surface waters and wetlands, groundwater, floodplains, and water quality; historical, architectural, archaeological, and cultural resources; light emissions and visual resources; hazardous materials, pollution prevention, and solid waste; infrastructure and utilities; and socioeconomics, environmental justice, and children’s environmental health and safety. The analysis will include an evaluation of the potential direct and indirect impacts, and will account for cumulative impacts from other relevant activities in the area of Cameron County, Texas. Alternatives Alternatives under consideration include the Proposed Action and the No Action Alternative. Under the No Action Alternative, the FAA would not issue a license or experimental permit to SpaceX. Based on comments received during the scoping period, the FAA may propose additional alternatives. Scoping Meetings A public scoping meeting will be held to solicit input from the public on PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 potential issues that may need to be evaluated in the EIS. The scoping meeting will be held on May 15, 2012 from 5 p.m. to 8 p.m., at the International Technology, Education and Commerce Center (ITEC Center), located at 301 Mexico Blvd. G–1, Brownsville, Texas 78520. The meeting format will include an open-house workshop from 5 p.m. to 6 p.m. The FAA will provide an overview of the environmental process from 6 p.m. to 6:15 p.m. followed by a public comment period from 6:15 p.m. to 8 p.m. Issued in Washington, DC on April 3, 2012. Glenn Rizner, Deputy Manager, Space Transportation Development Division. [FR Doc. 2012–8556 Filed 4–9–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2012–0033] Notice of the Buy America Waiver Request for Vossloh 101–LV Concrete Ties Federal Railroad Administration (FRA), United States Department of Transportation (DOT). ACTION: Notice of Buy America waiver request and request for comment. AGENCY: FRA is issuing this notice to advise the public that the Burlington Northern Santa Fe Railway Co. (‘‘BNSF’’) has submitted to FRA through or with the support of the Washington Department of Transportation (‘‘WSDOT’’), the Illinois Department of Transportation (‘‘IDOT’’), the Texas Department of Transportation (‘‘TxDOT’’), and the California Department of Transportation (‘‘Caltrans’’) a waiver request from FRA’s Buy America Act requirements for the purchase of Vossloh 101–LV concrete ties, which contain certain components not manufactured in the United States. In furtherance of four FRA High-Speed Intercity Passenger Rail (‘‘HSIPR’’) grants, BNSF, as the railroad infrastructure owner, will construct certain rail project elements that consist of the installation of Vossloh 101–LV concrete ties. FRA has received this request from the four States for the following projects: (a) The Pacific Northwest Rail Corridor Program (b) the Amtrak Quad Cities to Chicago Service Initiation Project, (c) the Tower 55 At-Grade Improvement Project, and (d) the LA to Fullerton Triple Track— Segment 7 Project. SUMMARY: E:\FR\FM\10APN1.SGM 10APN1 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices Written comments should be provided on or before April 25, 2012. ADDRESSES: Comments: Comments related to Docket No. FRA–2012–0033 may be submitted by any of the following methods: (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; or (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 Railroad Administration’’ and include docket number FRA–2012–0033. 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 FR 19477), or you may visit https://www.dot.gov/privacy.html. Docket: For access to the docket to read comments received, go to https:// www.regulations.gov at anytime, or to the Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Ms. Linda Martin, AttorneyAdvisor, FRA Office of Chief Counsel, Mail Stop 10, West Building 3rd Floor, Room W31–304, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone 202–493–6062) or via email at Linda.Martin@dot.gov. SUPPLEMENTARY INFORMATION: FRA projects funded through the American Recovery and Reinvestment Act of 2009 and the Transportation, Housing and Urban Development and Related Agencies Appropriations Act for 2010 (Div. A of the Consolidated Appropriations Act, 2010 (Pub. L. 111– 117) (‘‘FY 2010 DOT Appropriations Act’’), must comply with the Passenger Rail Investment and Improvement Act of 2008 (‘‘PRIIA’’) Buy America srobinson on DSK4SPTVN1PROD with NOTICES DATES: VerDate Mar<15>2010 16:26 Apr 09, 2012 Jkt 226001 provisions (49 U.S.C. 24405(a)). Section 24405(a)(1) authorizes the Secretary of Transportation (‘‘Secretary’’) to obligate grant funds only if the steel, iron, and manufactured goods used in the project are produced in the United States. However, sec. 24405(a)(2) also permits the Secretary to waive the Buy America requirements if he finds that: (A) Applying paragraph (1) would be inconsistent with the public interest; (B) the steel, iron, and goods manufactured in the United States are not produced in sufficient and reasonably available amount or are not of a satisfactory quality; (C) rolling stock or power train equipment cannot be bought or delivered to the United States within a reasonable time; or (D) including domestic material will increase the cost of the overall project by more than 25 percent. Before determining whether it is appropriate to waive the Buy America provision, sec. 24405(a)(4) requires that the Secretary first provide the public with an opportunity to comment. If after receiving public comment, the Secretary decides to grant the waiver, a detailed written justification for the decision must be published in the Federal Register. The purpose of this notice is to inform the public that FRA has received a waiver request for the Vossloh 101–LV concrete tie system, which contains certain components not manufactured in the United States, and to solicit public comments on the request. BNSF as the owner of the infrastructure that will be improved by the HSIPR grants proposes to install approximately 171,000 Vossloh 101–LV concrete ties for the following projects: (a) The Pacific Northwest Rail Corridor Program (b) the Amtrak Quad Cities to Chicago Service Initiation Project, (c) the Tower 55 At-Grade Improvement Project, and (d) the LA to Fullerton Triple Track—Segment 7 Project. Transmittals in furtherance of this request have been submitted to FRA by WSDOT, IDOT, TxDOT, and Caltrans. The foreign components of the concrete tie are limited to the dowel inserts and SKL–30 tension clamps. The function of the dowel insert is to provide housing for the lag screw that fastens the SKL–30 tension clamps to the tie. The SKL–30 tension clamps hold the rail to the tie and prevent lateral and longitudinal movement of the rail. BNSF and the identified States seek the waiver pursuant to sec. 24405(a)(2)(B) because they believe that for the reasons set forth in the request, that suitable materials are not reasonably available in the United States and therefore a waiver from PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 21621 FRA’s Buy America requirement is appropriate. The request in its entirety is available on FRA’s Web site at https:// www.fra.dot.gov/Pages/251.shtml. In order to completely understand the facts surrounding the request, FRA seeks comment from all interested parties regarding the availability of suitable domestically manufactured products, any public interest concerns, or the potential Buy America waiver. Issued in Washington, DC on April 4, 2012. Corey Hill, Director, Rail Project Development and Delivery, Federal Railroad Administration. [FR Doc. 2012–8633 Filed 4–9–12; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF THE TREASURY United States Mint Meeting of Notification of Citizens Coinage Advisory Committee Notification of April 26, 2012 Public Meeting. ACTION: Pursuant to United States Code, Title 31, section 5135(b)(8)(C), the United States Mint announces the Citizens Coinage Advisory Committee (CCAC) public meeting scheduled for April 26, 2012. Date: April 26, 2012. Time: 10 a.m. to 5 p.m. Location: Conference Room A, United States Mint, 801 9th Street NW., Washington, DC 20220. Subject: Review and consideration of reverse candidate designs for the 2013 Girl Scouts of America Commemorative Coin Program, background research for the reverse designs of the 2013 First Spouse Gold Coins and Medals, and designs for the Code Talkers Recognition Congressional Gold Medals. In addition, the CCAC plans a discussion relating to the 2011 CCAC Annual Report and a presentation by member Michael Bugeja on historical coin legends, mottos, dates, symbols and devices. SUMMARY: Interested Persons Should Call the CCAC HOTLINE at (202) 354–7502 for the Latest Update on Meeting Time and Room Location In accordance with 31 U.S.C. 5135, the CCAC: ∑ Advises the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, Congressional Gold Medals, and national and other medals. ∑ Advises the Secretary of the Treasury with regard to the events, E:\FR\FM\10APN1.SGM 10APN1

Agencies

[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21620-21621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8633]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]


Notice of the Buy America Waiver Request for Vossloh 101-LV 
Concrete Ties

AGENCY: Federal Railroad Administration (FRA), United States Department 
of Transportation (DOT).

ACTION: Notice of Buy America waiver request and request for comment.

-----------------------------------------------------------------------

SUMMARY: FRA is issuing this notice to advise the public that the 
Burlington Northern Santa Fe Railway Co. (``BNSF'') has submitted to 
FRA through or with the support of the Washington Department of 
Transportation (``WSDOT''), the Illinois Department of Transportation 
(``IDOT''), the Texas Department of Transportation (``TxDOT''), and the 
California Department of Transportation (``Caltrans'') a waiver request 
from FRA's Buy America Act requirements for the purchase of Vossloh 
101-LV concrete ties, which contain certain components not manufactured 
in the United States. In furtherance of four FRA High-Speed Intercity 
Passenger Rail (``HSIPR'') grants, BNSF, as the railroad infrastructure 
owner, will construct certain rail project elements that consist of the 
installation of Vossloh 101-LV concrete ties. FRA has received this 
request from the four States for the following projects: (a) The 
Pacific Northwest Rail Corridor Program (b) the Amtrak Quad Cities to 
Chicago Service Initiation Project, (c) the Tower 55 At-Grade 
Improvement Project, and (d) the LA to Fullerton Triple Track--Segment 
7 Project.

[[Page 21621]]


DATES: Written comments should be provided on or before April 25, 2012.

ADDRESSES: Comments: Comments related to Docket No. FRA-2012-0033 may 
be submitted by any of the following methods:
    (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; 
or
    (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 
Railroad Administration'' and include docket number FRA-2012-0033. 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 FR 19477), or you may visit https://www.dot.gov/privacy.html.
    Docket: For access to the docket to read comments received, go to 
https://www.regulations.gov at anytime, or to the Docket Management 
Facility, U.S. Department of Transportation, West Building Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, 
between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal 
holidays. Follow the online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Ms. Linda Martin, Attorney-Advisor, FRA Office of Chief 
Counsel, Mail Stop 10, West Building 3rd Floor, Room W31-304, 1200 New 
Jersey Avenue SE., Washington, DC 20590 (telephone 202-493-6062) or via 
email at Linda.Martin@dot.gov.

SUPPLEMENTARY INFORMATION: FRA projects funded through the American 
Recovery and Reinvestment Act of 2009 and the Transportation, Housing 
and Urban Development and Related Agencies Appropriations Act for 2010 
(Div. A of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117) 
(``FY 2010 DOT Appropriations Act''), must comply with the Passenger 
Rail Investment and Improvement Act of 2008 (``PRIIA'') Buy America 
provisions (49 U.S.C. 24405(a)). Section 24405(a)(1) authorizes the 
Secretary of Transportation (``Secretary'') to obligate grant funds 
only if the steel, iron, and manufactured goods used in the project are 
produced in the United States. However, sec. 24405(a)(2) also permits 
the Secretary to waive the Buy America requirements if he finds that: 
(A) Applying paragraph (1) would be inconsistent with the public 
interest; (B) the steel, iron, and goods manufactured in the United 
States are not produced in sufficient and reasonably available amount 
or are not of a satisfactory quality; (C) rolling stock or power train 
equipment cannot be bought or delivered to the United States within a 
reasonable time; or (D) including domestic material will increase the 
cost of the overall project by more than 25 percent.
    Before determining whether it is appropriate to waive the Buy 
America provision, sec. 24405(a)(4) requires that the Secretary first 
provide the public with an opportunity to comment. If after receiving 
public comment, the Secretary decides to grant the waiver, a detailed 
written justification for the decision must be published in the Federal 
Register. The purpose of this notice is to inform the public that FRA 
has received a waiver request for the Vossloh 101-LV concrete tie 
system, which contains certain components not manufactured in the 
United States, and to solicit public comments on the request. BNSF as 
the owner of the infrastructure that will be improved by the HSIPR 
grants proposes to install approximately 171,000 Vossloh 101-LV 
concrete ties for the following projects: (a) The Pacific Northwest 
Rail Corridor Program (b) the Amtrak Quad Cities to Chicago Service 
Initiation Project, (c) the Tower 55 At-Grade Improvement Project, and 
(d) the LA to Fullerton Triple Track--Segment 7 Project. Transmittals 
in furtherance of this request have been submitted to FRA by WSDOT, 
IDOT, TxDOT, and Caltrans.
    The foreign components of the concrete tie are limited to the dowel 
inserts and SKL-30 tension clamps. The function of the dowel insert is 
to provide housing for the lag screw that fastens the SKL-30 tension 
clamps to the tie. The SKL-30 tension clamps hold the rail to the tie 
and prevent lateral and longitudinal movement of the rail. BNSF and the 
identified States seek the waiver pursuant to sec. 24405(a)(2)(B) 
because they believe that for the reasons set forth in the request, 
that suitable materials are not reasonably available in the United 
States and therefore a waiver from FRA's Buy America requirement is 
appropriate.
    The request in its entirety is available on FRA's Web site at 
https://www.fra.dot.gov/Pages/251.shtml. In order to completely 
understand the facts surrounding the request, FRA seeks comment from 
all interested parties regarding the availability of suitable 
domestically manufactured products, any public interest concerns, or 
the potential Buy America waiver.

    Issued in Washington, DC on April 4, 2012.
Corey Hill,
Director, Rail Project Development and Delivery, Federal Railroad 
Administration.
[FR Doc. 2012-8633 Filed 4-9-12; 8:45 am]
BILLING CODE 4910-06-P
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