Notice of Proposed Buy America Waiver for a Variable Refrigerant Flow HVAC System, 9313-9314 [2014-03448]

Download as PDF Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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 to seek comment on whether FTA should grant a non-availability waiver for the procurement of a crossconnect cabinet that will be used in a utility relocation performed by Cincinnati Bell. This utility relocation will be performed in connection with the Cincinnati Streetcar Project, which is an FTA-funded 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) all of the manufacturing processes for the product take place in the United States; and (2) all of 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 September 30, 2013, the City of Cincinnati (Cincinnati) formally requested a non-availability waiver for the procurement of one cross-connect cabinet.1 In its request, Cincinnati stated 1 This request was the result of several informal communications between FTA, Cincinnati, and Cincinnati Bell to work through all of the Buy America issues. The availability of a domestic cross-connect cabinet that meets Cincinnati Bell’s specifications in order to conform to its telecommunications network is the only remaining issue. VerDate Mar<15>2010 20:58 Feb 14, 2014 Jkt 232001 that the only known cross-connect cabinet that complies with Cincinnati Bell’s network specifications and service protocols is the Tyco Electronics (TE) NGXC pad mount cross-connect cabinet. At this time, deviations from the use of this particular cross-connect cabinet would result in impacts that would cascade down from the installation, maintenance, and emergency repair aspects, to operational impacts due to hardware incompatibility. On October 17, 2013, Cincinnati alerted FTA that Cincinnati Bell had installed the cross-connect cabinet in order to comply with its scheduling demands. Unfortunately, because almost all FTA employees were furloughed during this time due to a partial government shutdown, Cincinnati was unable to consult with FTA on how to proceed. 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. If granted, the waiver would apply to one procurement and FTA would expect that Cincinnati Bell work towards finding a domestically manufactured cross-connect cabinet that meets its network specifications for future FTA-funded projects. A full copy of the request has been placed in docket number FTA–2014–0002. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2014–03444 Filed 2–14–14; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2013–0034] Notice of Proposed Buy America Waiver for a Variable Refrigerant Flow HVAC System AGENCY: Federal Transit Administration, DOT. Notice of proposed Buy America waiver and request for comment. ACTION: The Federal Transit Administration (FTA) received a request for a waiver to permit the purchase of a Variable Refrigerant Flow (VRF) HVAC system that is non-compliant with Buy America requirements using FTA funding. The request is from the Rock Island County Metropolitan Mass SUMMARY: PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 9313 Transit District (MetroLINK) for its Rock Island Transfer Station. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would apply only to the FTA-funded procurement of a VRF HVAC system by MetroLINK. DATES: Comments must be received by March 4, 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–2013–0034: 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–2013–0034. 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 a grant non-availability waiver for the Rock Island County Metropolitan Mass Transit District’s (MetroLINK) procurement of a Variable Refrigerant Flow (VRF) HVAC system E:\FR\FM\18FEN1.SGM 18FEN1 tkelley on DSK3SPTVN1PROD with NOTICES 9314 Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Notices for the Rock Island Transfer Station project that is funded by FTA. 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) All of the manufacturing processes for the product must take place in the United States; and (2) All of the components of the product must be 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). MetroLINK is requesting a nonavailability waiver for its procurement of a VRF HVAC system that will be installed into its passenger transfer facility in Rock Island, Illinois, the Rock Island Transfer Station. This facility is being built to U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards and will incorporate a number of sustainable and energy efficient elements. One of those elements is a VRF HVAC system that, among other things, is space saving, has invertor technology, efficiency, and a non-ozone depleting refrigerant that domestic manufacturers of HVAC systems do not provide. According to MetroLINK, this VRF HVAC system is critical in obtaining the LEED points necessary to achieve the Silver certification (or better) that it is seeking. Thus, MetroLINK specified the brands Daikin AC and Mitsubishi or approved equal, but MetroLINK has been unable to identify a domestic manufacturer of the VRF HVAC system that meets its specifications and now requests that FTA grant a Buy America waiver. A similar Buy America nonavailability waiver was issued on June 22, 2010 by the U.S. Department of Energy (DOE) for the same VRF HVAC system. 75 FR 35447. According to MetroLINK, the U.S. DOE’s determination of inapplicability (U.S. DOE’s Buy America waiver for nonavailability) of the American Reinvestment and Recovery Act of 2009 to the same VRF HVAC system indicates VerDate Mar<15>2010 20:58 Feb 14, 2014 Jkt 232001 the continued non-availability of this product. The purpose of this notice is to publish NFRMPO 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. A full copy of the request has been placed in docket number FTA–2013–0034. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2014–03448 Filed 2–14–14; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 27590 (Sub-No. 4)] TTX Company, et al.—Application for Approval of Pooling of Car Service With Respect to Flatcars Surface Transportation Board. Notice of Pooling Application and Request for Public Comments. AGENCY: ACTION: On January 16, 2014, TTX Company (TTX) and certain participating railroads (collectively Applicants) filed an application to extend for 15 years TTX’s flatcar pooling authority, which the Board’s predecessor, the Interstate Commerce Commission (ICC), originally granted in 1974 and extended in 1989 and 1994, and the Board again extended in 2004. Under the Board’s 2004 order, TTX’s pooling authority is set to expire October 1, 2014. If the application seeking renewal or modification of pooling authority is pending before the Board but not yet decided by the existing expiration date, the pooling authority shall continue until 180 days after the Board has issued a final decision on the request and all appeals of that decision have been exhausted or the time to appeal has expired. DATES: Any comments on the application must be filed by April 21, 2014. If comments are filed, Applicants’ rebuttal is due by May 19, 2014. ADDRESSES: An original and 10 copies of all pleadings, referring to Docket No. FD 27590 (Sub-No. 4), must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423– 0001. In addition, one copy of each comment must be sent to each of Applicants’ representatives: (1) Michael L. Rosenthal, Covington & Burling, 1201 Pennsylvania Avenue NW., Washington, SUMMARY: PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 DC 20004; (2) David L. Meyer, Morrison Foerster, 2000 Pennsylvania Avenue NW., Suite 6000, Washington, DC 20006; and (3) Patrick B. Loftus, TTX Company, 101 North Wacker Drive, Chicago, IL 60606. FOR FURTHER INFORMATION CONTACT: Jonathon Binet, (202) 245–0368. Federal Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339. SUPPLEMENTARY INFORMATION: Applicants seek the Board’s approval of a 15-year extension of their pooling of flatcar service. Under 49 U.S.C. 11322(a), the Board may approve a pooling agreement if it finds that the proposal: (1) Will be in the interest of better service to the public or of economy of operation, and (2) will not unreasonably restrain competition. The proposed pooling agreement was originally approved by the ICC in American Rail Box Car Co.—For Approval of the Pooling of Car Service with Respect to Box Cars, 347 I.C.C. 862 (1974). The agency subsequently approved a five-year extension of TTX’s pooling authority in Trailer Train Co.— Pooling of Car Service with Respect to Flatcars, 5 I.C.C. 2d 552 (1989); a 10year extension in TTX Co.—Application for Approval of the Pooling of Car Service with Respect to Flat Cars, FD 27590 (Sub-No. 2) (ICC served Aug. 31, 1994); and another 10-year extension in TTX Co.—Application for Approval of Pooling of Car Service with Respect to Flatcars, 7 S.T.B. 778 (2004). The present application seeks to extend TTX’s authority to continue the flatcar pool under substantively the same pooling agreement—with certain technical updates—for an additional 15 years. In addition to TTX, Applicants are: BNSF Railway Company; Grand Trunk Western Railroad Company & Illinois Central Railroad Company (Canadian National Railway Company); Soo Line Railroad (Canadian Pacific Railway Company); CSX Transportation, Inc.; Ferrocarril Mexicano S.A. de C.V.; Kansas City Southern Railway Company; Central of Georgia Railroad Company & Norfolk Southern Railway Company; Boston & Maine Corporation (Pan Am Railways); and Union Pacific Railroad Company. Applicants contend that, because the proposed transaction does not involve any changes in rail operations or service to shippers, neither environmental documentation nor an historic report is required. See 49 CFR 1105.6(c)(2) & 1105.8(b)(2). E:\FR\FM\18FEN1.SGM 18FEN1

Agencies

[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Notices]
[Pages 9313-9314]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03448]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2013-0034]


Notice of Proposed Buy America Waiver for a Variable Refrigerant 
Flow HVAC System

AGENCY: Federal Transit Administration, DOT.

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

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

SUMMARY: The Federal Transit Administration (FTA) received a request 
for a waiver to permit the purchase of a Variable Refrigerant Flow 
(VRF) HVAC system that is non-compliant with Buy America requirements 
using FTA funding. The request is from the Rock Island County 
Metropolitan Mass Transit District (MetroLINK) for its Rock Island 
Transfer Station. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is 
providing notice of the waiver request and seeks public comment before 
deciding whether to grant the request. If granted, the waiver would 
apply only to the FTA-funded procurement of a VRF HVAC system by 
MetroLINK.

DATES: Comments must be received by March 4, 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-2013-0034:
    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-2013-0034. 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 a grant non-availability waiver for the Rock Island County 
Metropolitan Mass Transit District's (MetroLINK) procurement of a 
Variable Refrigerant Flow (VRF) HVAC system

[[Page 9314]]

for the Rock Island Transfer Station project that is funded by FTA.
    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) All of the manufacturing processes for the product must 
take place in the United States; and (2) All of the components of the 
product must be 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).
    MetroLINK is requesting a non-availability waiver for its 
procurement of a VRF HVAC system that will be installed into its 
passenger transfer facility in Rock Island, Illinois, the Rock Island 
Transfer Station. This facility is being built to U.S. Green Building 
Council (USGBC) Leadership in Energy and Environmental Design (LEED) 
standards and will incorporate a number of sustainable and energy 
efficient elements. One of those elements is a VRF HVAC system that, 
among other things, is space saving, has invertor technology, 
efficiency, and a non-ozone depleting refrigerant that domestic 
manufacturers of HVAC systems do not provide. According to MetroLINK, 
this VRF HVAC system is critical in obtaining the LEED points necessary 
to achieve the Silver certification (or better) that it is seeking. 
Thus, MetroLINK specified the brands Daikin AC and Mitsubishi or 
approved equal, but MetroLINK has been unable to identify a domestic 
manufacturer of the VRF HVAC system that meets its specifications and 
now requests that FTA grant a Buy America waiver.
    A similar Buy America non-availability waiver was issued on June 
22, 2010 by the U.S. Department of Energy (DOE) for the same VRF HVAC 
system. 75 FR 35447. According to MetroLINK, the U.S. DOE's 
determination of inapplicability (U.S. DOE's Buy America waiver for 
non-availability) of the American Reinvestment and Recovery Act of 2009 
to the same VRF HVAC system indicates the continued non-availability of 
this product.
    The purpose of this notice is to publish NFRMPO 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. A full copy of the request has been 
placed in docket number FTA-2013-0034.

Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2014-03448 Filed 2-14-14; 8:45 am]
BILLING CODE 4910-57-P

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