Notice of Proposed Buy America Waiver for the Pad and Rubber Boot of a Concrete Block for a Low Vibration Track System, 76402-76403 [2013-30000]

Download as PDF 76402 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Notices (NH), Will Norsworthy (AL), Walter A. Przewrocki, Jr. (PA), Keith E. Pulliam (MO), Richard A. Treadwell, Sr. (ME), James R. Troutman (PA), and William E. Wyant III (IA) from the ITDM requirement in 49 CFR 391.41(b)(3), subject to the conditions listed under ‘‘Conditions and Requirements’’ above. In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will be valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the 1/exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: December 4, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–29950 Filed 12–16–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2013–0038] Notice of Proposed Buy America Waiver for the Pad and Rubber Boot of a Concrete Block for a Low Vibration Track System AGENCY: Federal Transit Administration, DOT. Notice of proposed Buy America waiver and request for comment. ACTION: The New York Metropolitan Transportation Authority (MTA), New York City Transit (NYCT), MTA Capital Construction Company, has requested a Buy America waiver for the pad and rubber boot of a concrete block for its Low Vibration Track (LVT) system on the basis of non-availability. MTA intends to install an LVT system as part of its Second Avenue Subway Project. This notice is to inform the public of the waiver request and to seek public comment to inform FTA’s decision whether to grant the request. DATES: Comments must be received by January 16, 2014. Late-filed comments will be considered to the extent practicable. wreier-aviles on DSK5TPTVN1PROD with NOTICES SUMMARY: Please submit your comments by one of the following ADDRESSES: VerDate Mar<15>2010 14:45 Dec 16, 2013 Jkt 232001 means, identifying your submissions by docket number FTA–2013–0038: 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, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. 4. Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M–30, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001 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–2013–0038. Due to the security procedures in effect since October 2011, 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 April 11, 2000 (65 FR 19477), or you may visit https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mary J. Lee, FTA Attorney-Advisor, at (202) 366–0985 or mary.j.lee@dot.gov. SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide notice and seek comment on whether the Federal Transit Administration (FTA) should grant a non-availability waiver for the procurement of the pad and rubber boot of the concrete block used in its LVT system for Phase 1 of the Second Avenue Subway Project. 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). A manufactured product is considered produced in the United States if: (1) the manufacturing processes for the product take place in the United States; and (2) the components of the product are of U.S. origin. A component is considered of PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that ‘‘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,’’ then FTA may issue a waiver (non-availability waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). On June 20, 2013, FTA issued a letter to MTA regarding FTA’s determination that the concrete blocks purchased for MTA’s LVT system were not Buy America compliant because they contained foreign manufactured components—the pad and the rubber boot of each concrete block. However, FTA indicated that it would be willing to entertain a non-availability waiver if MTA met the required conditions under 49 CFR 661.7(c) and provided the following information: (1) the history of the procurement, including the technical specifications for the concrete blocks; (2) the technical feasibility of using other replacement parts manufactured in the United States; and (3) MTA’s market research demonstrating the extent to which manufacturers in the United States are capable and willing to produce the pad and the rubber boot. On September 11, 2013, MTA formally requested a Buy America waiver for the pad and rubber boot. In its request, MTA reiterated that it specified an LVT system to address operational noise and vibration issues, which had been identified as significant adverse impacts in the Final Environmental Impact Statement and Record of Decision for the Second Avenue Subway Project. The LVT system is, among other things, also designed to meet the National Fire Protection Association requirements and the vertical and horizontal gap tolerances between the platform and the train floor required to comply with the Americans with Disabilities Act. In addition, according to MTA, the LVT system has a proven performance history and an expected useful life in excess of 60 years, and would meet the performance requirements of MTA– NYCT’s standard specifications. Along with these reasons, MTA stated that it had, in good faith, concluded that the concrete blocks were components of the LVT system and believed itself to be Buy America compliant. According to MTA, it is unable to find a U.S.-manufactured pad and rubber boot. However, upon learning that it likely would have to find a U.S.manufactured pad and rubber boot, MTA began conducting market research E:\FR\FM\17DEN1.SGM 17DEN1 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Notices to encourage U.S. manufacturing of the pads and rubber boots. MTA has learned that there may be a U.S. manufacturer in the near future, but any other concrete blocks used in its LVT system would need to undergo testing according to MTA–NYCT’s Specification 92 for Low-Profile Low Vibration Booted Blocks. MTA states that this testing would delay the Project for over one year. Therefore, MTA requests a waiver that would be limited to Phase 1 of its Second Avenue Subway Project and understands that it would need to continue its good faith efforts to find a U.S.-manufactured pad and rubber boot. The purpose of this notice is to publish the request and seek public comment from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely the facts surrounding the request, including the effects of a potential waiver and the merits of the request. FTA also is working with the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), to seek U.S. manufacturers for these components and expects MTA and others to cooperate in this endeavor. A full copy of the request has been placed in docket number FTA–2013–0038. Dated: December 11, 2013. Dorval R. Carter, Jr., Chief Counsel. [FR Doc. 2013–30000 Filed 12–16–13; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2013 0146] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel JAGUAR; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before January 16, 2014. wreier-aviles on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 14:45 Dec 16, 2013 Jkt 232001 Comments should refer to docket number MARAD–2013–0146. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at https://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–0903, Email Linda.Williams@ dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel JAGUAR is: Intended Commercial Use Of Vessel: ‘‘For bare boat/lease recreational use.’’ Geographic Region: Alabama, Florida, Georgia. The complete application is given in DOT docket MARAD–2013–0146 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR Part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. ADDRESSES: Privacy Act Anyone is able to search the electronic form of all 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.). You may review DOT’s complete Privacy Act PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 76403 Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: December 11, 2013. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2013–30003 Filed 12–16–13; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2013 0141] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel VICTORIA; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before January 16, 2014. ADDRESSES: Comments should refer to docket number MARAD–2013–0141. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. You may also send comments electronically via the Internet at https://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at https:// www.regulations.gov. SUMMARY: FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–0903, Email Linda.Williams@ dot.gov. E:\FR\FM\17DEN1.SGM 17DEN1

Agencies

[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Notices]
[Pages 76402-76403]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30000]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2013-0038]


Notice of Proposed Buy America Waiver for the Pad and Rubber Boot 
of a Concrete Block for a Low Vibration Track System

AGENCY: Federal Transit Administration, DOT.

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

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

SUMMARY: The New York Metropolitan Transportation Authority (MTA), New 
York City Transit (NYCT), MTA Capital Construction Company, has 
requested a Buy America waiver for the pad and rubber boot of a 
concrete block for its Low Vibration Track (LVT) system on the basis of 
non-availability. MTA intends to install an LVT system as part of its 
Second Avenue Subway Project. This notice is to inform the public of 
the waiver request and to seek public comment to inform FTA's decision 
whether to grant the request.

DATES: Comments must be received by January 16, 2014. 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-2013-0038:
    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, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
    4. Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001 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-2013-0038. Due 
to the security procedures in effect since October 2011, 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 April 11, 2000 (65 FR 19477), or you may 
visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mary J. Lee, FTA Attorney-Advisor, at 
(202) 366-0985 or mary.j.lee@dot.gov.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide 
notice and seek comment on whether the Federal Transit Administration 
(FTA) should grant a non-availability waiver for the procurement of the 
pad and rubber boot of the concrete block used in its LVT system for 
Phase 1 of the Second Avenue Subway Project.
    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). A manufactured product is considered produced in the United 
States if: (1) the manufacturing processes for the product take place 
in the United States; and (2) the components of the product are of U.S. 
origin. A component is considered of U.S. origin if it is manufactured 
in the United States, regardless of the origin of its subcomponents. 49 
CFR 661.5(d). If, however, FTA determines that ``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,'' 
then FTA may issue a waiver (non-availability waiver). 49 U.S.C. 
5323(j)(2)(B); 49 CFR 661.7(c).
    On June 20, 2013, FTA issued a letter to MTA regarding FTA's 
determination that the concrete blocks purchased for MTA's LVT system 
were not Buy America compliant because they contained foreign 
manufactured components--the pad and the rubber boot of each concrete 
block. However, FTA indicated that it would be willing to entertain a 
non-availability waiver if MTA met the required conditions under 49 CFR 
661.7(c) and provided the following information: (1) the history of the 
procurement, including the technical specifications for the concrete 
blocks; (2) the technical feasibility of using other replacement parts 
manufactured in the United States; and (3) MTA's market research 
demonstrating the extent to which manufacturers in the United States 
are capable and willing to produce the pad and the rubber boot.
    On September 11, 2013, MTA formally requested a Buy America waiver 
for the pad and rubber boot. In its request, MTA reiterated that it 
specified an LVT system to address operational noise and vibration 
issues, which had been identified as significant adverse impacts in the 
Final Environmental Impact Statement and Record of Decision for the 
Second Avenue Subway Project. The LVT system is, among other things, 
also designed to meet the National Fire Protection Association 
requirements and the vertical and horizontal gap tolerances between the 
platform and the train floor required to comply with the Americans with 
Disabilities Act. In addition, according to MTA, the LVT system has a 
proven performance history and an expected useful life in excess of 60 
years, and would meet the performance requirements of MTA-NYCT's 
standard specifications. Along with these reasons, MTA stated that it 
had, in good faith, concluded that the concrete blocks were components 
of the LVT system and believed itself to be Buy America compliant.
    According to MTA, it is unable to find a U.S.-manufactured pad and 
rubber boot. However, upon learning that it likely would have to find a 
U.S.-manufactured pad and rubber boot, MTA began conducting market 
research

[[Page 76403]]

to encourage U.S. manufacturing of the pads and rubber boots. MTA has 
learned that there may be a U.S. manufacturer in the near future, but 
any other concrete blocks used in its LVT system would need to undergo 
testing according to MTA-NYCT's Specification 92 for Low-Profile Low 
Vibration Booted Blocks. MTA states that this testing would delay the 
Project for over one year. Therefore, MTA requests a waiver that would 
be limited to Phase 1 of its Second Avenue Subway Project and 
understands that it would need to continue its good faith efforts to 
find a U.S.-manufactured pad and rubber boot.
    The purpose of this notice is to publish the request and seek 
public comment from all interested parties in accordance with 49 U.S.C. 
5323(j)(3)(A). Comments will help FTA understand completely the facts 
surrounding the request, including the effects of a potential waiver 
and the merits of the request. FTA also is working with the U.S. 
Department of Commerce, National Institute of Standards and Technology 
(NIST), to seek U.S. manufacturers for these components and expects MTA 
and others to cooperate in this endeavor. A full copy of the request 
has been placed in docket number FTA-2013-0038.

    Dated: December 11, 2013.
Dorval R. Carter, Jr.,
Chief Counsel.
[FR Doc. 2013-30000 Filed 12-16-13; 8:45 am]
BILLING CODE 4910-57-P

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