Notice of Buy America Waiver for a Cross-Connect Cabinet, 25984 [2014-10305]

Download as PDF 25984 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Notices DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2014–0002] Notice of Buy America Waiver for a Cross-Connect Cabinet AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America Waiver. In response to the City of Cincinnati (Cincinnati) request for a Buy America waiver for a cross-connect cabinet, the Federal Transit Administration (FTA) hereby waives its Buy America requirements for the crossconnect cabinet needed for a Cincinnati Bell utility relocation associated with the Cincinnati Streetcar project. This waiver is limited to a single procurement for the cross-connect cabinet for the Cincinnati Streetcar project. SUMMARY: sroberts on DSK5SPTVN1PROD with NOTICES 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 announce that the Federal Transit Administration (FTA) has granted 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 VerDate Mar<15>2010 17:34 May 05, 2014 Jkt 232001 the procurement of one cross-connect cabinet.1 In its request, Cincinnati stated 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. On February 18, 2014, FTA published a notice to request comments on the Cincinnati’s waiver request for the cross-connect cabinet. The comment period closed on March 4, 2014. FTA did not receive any comments to the docket, docket number FTA–2014–0002. Based upon Cincinnati Bell’s assertions that it is unable to procure a U.S.-manufactured cross-connect cabinet at this time that is configured for Cincinnati Bell’s telecommunications network and meets Cincinnati Bell’s engineering standards, FTA hereby waives its Buy America requirement for manufactured products under 49 CFR 661.5(d) for the cross-connect cabinet. This waiver is limited to a single procurement for the cross-connect cabinet for the Cincinnati Streetcar project. Dana C. Nifosi, Deputy Chief Counsel. [FR Doc. 2014–10305 Filed 5–5–14; 8:45 am] BILLING CODE 4910–57–P 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. PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [U.S. DOT Docket Number NHTSA–2014– 0041] Reports, Forms, and Record Keeping Requirements National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Request for public comment on an extension of a currently approved collection. 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, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for Part 541 and Part 542 for which NHTSA intends to seek OMB approval. DATES: Comments must be received on or before July 7, 2014. ADDRESSES: Comments must refer to the docket notice numbers cited at the beginning of this notice and be submitted to Docket Management, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590 by any of the following methods. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Hand Delivery/Courier: 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Supplementary Information section of this document. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. SUMMARY: E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Notices]
[Page 25984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10305]



[[Page 25984]]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0002]


Notice of Buy America Waiver for a Cross-Connect Cabinet

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America Waiver.

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

SUMMARY: In response to the City of Cincinnati (Cincinnati) request for 
a Buy America waiver for a cross-connect cabinet, the Federal Transit 
Administration (FTA) hereby waives its Buy America requirements for the 
cross-connect cabinet needed for a Cincinnati Bell utility relocation 
associated with the Cincinnati Streetcar project. This waiver is 
limited to a single procurement for the cross-connect cabinet for the 
Cincinnati Streetcar project.

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 announce 
that the Federal Transit Administration (FTA) has granted a non-
availability waiver for the procurement of a cross-connect 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 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
    On February 18, 2014, FTA published a notice to request comments on 
the Cincinnati's waiver request for the cross-connect cabinet. The 
comment period closed on March 4, 2014. FTA did not receive any 
comments to the docket, docket number FTA-2014-0002.
    Based upon Cincinnati Bell's assertions that it is unable to 
procure a U.S.-manufactured cross-connect cabinet at this time that is 
configured for Cincinnati Bell's telecommunications network and meets 
Cincinnati Bell's engineering standards, FTA hereby waives its Buy 
America requirement for manufactured products under 49 CFR 661.5(d) for 
the cross-connect cabinet. This waiver is limited to a single 
procurement for the cross-connect cabinet for the Cincinnati Streetcar 
project.

Dana C. Nifosi,
Deputy Chief Counsel.
[FR Doc. 2014-10305 Filed 5-5-14; 8:45 am]
BILLING CODE 4910-57-P
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