Notice To Rescind Notice of Intent To Prepare an Environmental Impact Statement (EIS) on Central Broward East-West Transit Analysis in Broward County, FL, 34563-34564 [2014-14089]
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Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Notices
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1.48.
Issued On: June 11, 2014.
Michael Howell,
Information Collection Officer.
[FR Doc. 2014–14099 Filed 6–16–14; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2013–0034]
Notice of Buy America Waiver for a
Variable Refrigerant Flow HVAC
System
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of Buy America waiver.
In response to the Rock Island
County Metropolitan Mass Transit
District’s (MetroLINK) request for a Buy
America waiver for a Variable
Refrigerant Flow (VRF) HVAC system,
the Federal Transit Administration
(FTA) hereby waives its Buy America
requirements for the VRF HVAC system
to be installed in MetroLINK’s Rock
Island Transfer Station. This waiver is
limited to a single procurement for the
VRF HVAC system for the Rock Island
Transfer Station project, an FTA-funded
project.
DATES: This waiver is effective
immediately.
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 FTA has granted a non-availability
waiver for MetroLINK’s procurement of
a VRF HVAC system for its Rock Island
Transfer Station.
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
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SUMMARY:
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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 February 18, 2014, FTA published
a notice in the Federal Register
requesting comments on MetroLINK’s
request for a non-availability waiver for
a VRF HVAC system that will be
installed into its passenger transfer
facility in Rock Island, Illinois, the Rock
Island Transfer Station. 79 FR 9313.
FTA selected this project for award of
fiscal year 2011 funding made available
pursuant to the Bus and Bus Facilities
Program (49 U.S.C. 5309(b)) in support
of U.S. Department of Transportation’s
(DOT) Livability Initiative and the
Partnership for Sustainable
Communities between the U.S. DOT, the
U.S. Department of Housing and Urban
Development, and the U.S.
Environmental Protection Agency (Bus
Livability Program). Among other
things, FTA selected each project for the
Bus Livability Program based upon
whether it would promote a more
environmentally sustainable
transportation system. 76 FR 37393,
37397 (June 27, 2011); see also 76 FR
68813 (Nov. 7, 2011). More specifically,
FTA assessed the project’s ability to
‘‘maintain, protect or enhance the
environment, as evidenced by
environmentally friendly policies and
practices utilized in the project design,
construction, and operation that exceed
the requirements of the National
Environmental Policy Act including
items such as whether the project uses
a [U.S. Green Building Council]
Leadership in Energy and
Environmental Design (LEED)-certified
design. . . .’’ 76 FR at 37397.
MetroLINK’s Rock Island Transfer
Station is expected to be LEED-certified
and will incorporate a number of
sustainable and energy efficient
elements. One such element 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.
MetroLINK stated in its request that 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.
The comment period closed on March
4, 2014, but FTA took into consideration
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34563
the one comment it received from
Mitsubishi Electric US, Inc. on March 7,
2014. This commenter supports a
waiver and reiterated the nonavailability of this type of HVAC system
in the United States and the advantages
of such a system.
Based upon MetroLINK’s assertions
that it is unable to procure a U.S.manufactured VRF HVAC system,
which is critical in obtaining the LEED
points necessary to achieve the Silver
certification (or better) that it is seeking,
and the comment on the advantages of
a VRF HVAC system, FTA hereby
waives its Buy America requirement for
manufactured products under 49 CFR
661.5(d) for the VRF HVAC system.1
This waiver is limited to a single
procurement for the VRF HVAC system
for the Rock Island Transfer Station
project.
Dana C. Nifosi,
Deputy Chief Counsel.
[FR Doc. 2014–14087 Filed 6–16–14; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice To Rescind Notice of Intent To
Prepare an Environmental Impact
Statement (EIS) on Central Broward
East-West Transit Analysis in Broward
County, FL
AGENCY:
Federal Transit Administration,
DOT.
Rescind Notice of Intent to
Prepare an Environmental Impact
Statement.
ACTION:
The Federal Transit
Administration (FTA), in cooperation
with the Florida Department of
Transportation (FDOT), is issuing this
notice to advise the public that the
Notice of Intent (NOI) to prepare an
Environmental Impact Statement (EIS)
for the proposed public transportation
improvement project in Broward
County, Florida is being rescinded.
FOR FURTHER INFORMATION CONTACT: Mr.
Andres Ramirez, General Engineer,
Federal Transit Administration Region
IV, 230 Peachtree Street NW., Atlanta,
GA 30303, phone 404–865–5611, email
andres.ramirez@dot.gov.
SUMMARY:
1 Note that 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.
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34564
Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Notices
The FTA,
as the lead federal agency, in
cooperation with FDOT published a
NOI in the Federal Register on
September 2, 2008 (73 FR 51338) to
prepare an EIS for improved transit
services in the Central Broward EastWest Corridor between Sawgrass Mills/
Bank Atlantic Center and the Fort
Lauderdale-Hollywood International
Airport through Downtown Fort
Lauderdale.
Since that time, FTA and the FDOT
have decided to re-evaluate the
transportation improvement project in
terms of scope and alternatives beyond
what was originally considered.
Therefore, the FTA has determined that
the NOI for the EIS will be rescinded.
Comments and questions concerning
the proposed action should be directed
to FTA at the address provided above.
SUPPLEMENTARY INFORMATION:
Yvette G. Taylor,
Regional Administrator, Federal Transit
Administration Region IV, June 11, 2014.
[FR Doc. 2014–14089 Filed 6–16–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35823]
East Broad Top Railroad Preservation
Association—Acquisition and
Operation Exemption—Kovalchick
Salvage Corporation
tkelley on DSK3SPTVN1PROD with NOTICES
East Broad Top Railroad Preservation
Association (the Association), a
noncarrier, filed a verified notice of
exemption under 49 CFR 1150.31 to
acquire and operate a line of railroad
(the Line) near Mt. Union, Pa. The Line
consists of two segments: (1) The Mount
Union Industrial Track (MUIT),
extending between Railroad milepost
0.2, immediately west of the point of
switch at Railroad Station 4085+96 at
the junction with Norfolk Southern
Railway (NSR) at Mt. Union, Pa., to the
end of the track at milepost 1.4 at
Railroad Station 4025+00, and (2) the
original East Broad Top Main Line
(EBT) extending from its connection
with the MUIT at MUIT milepost 1.1,
MUIT Railroad Station 4038+39 (EBT
milepost 1.1, EBT Railroad Station
77+57) to EBT milepost 4.4.1
1 As set forth later in this notice, the Association
acquired the Line in 2013 but only now is seeking
Board authority for its acquisition. Also, a
clarification filed by the Association and the East
Broad Top Connecting Railroad (EBTCR) on May
30, 2014, corrects the mileposts of the EBT. A
further clarification filed on June 3, 2014, confirms
that the portion of the MUIT acquired by the
Association extends between mileposts 0.2 and 1.4.
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The Line was formerly owned by the
Kovalchick Salvage Corp. (KOVC) 2 and
now is owned by the Association. The
Association acquired the Line from
KOVC in 2013 and belatedly seeks
Board authority for that acquisition
now.
The Association states that no
common carrier service has been
provided over the MUIT since Conrail
filed for abandonment in 1997. The
Association also states that no common
carrier freight rail service has been
provided over the EBT in many years.
The Association states that it will enter
into an operating agreement with a
newly formed Class III common carrier,
EBTCR, to operate over the Line.3 This
includes providing service over the EBT
when that trackage becomes capable of
handling standard gauge cars following
conversion of the EBT from a narrow
gauge line to dual gauge.
The Association states that the Line
has a physical connection with NSR at
milepost 0.2, there are no other
connections with common carrier
railroads, and there is no agreement
containing any provision imposing
interchange commitments or restricting
the Association’s ability to interchange
traffic with other carriers.
The Association certifies that its
projected annual revenues as a result of
this transaction will not exceed those
that would qualify it as a Class III rail
carrier and will not exceed $5 million.
This exemption will become effective
on July 3, 2014 (30 days after the
verified notice of exemption was filed).4
If the verified notice contains false or
misleading information, the exemption
As corrected, therefore, the verified notice pertains
to the portion of the MUIT acquired by the
Association between milepost 0.2 and milepost 1.4
(1.2 miles) and the portion of the EBT acquired by
the Association between its connection with the
MUIT at MUIT milepost 1.1 (EBT milepost 1.1) and
EBT milepost 4.4 (3.3 miles), for a total distance of
4.5 miles.
2 The MUIT was owned by Consolidated Rail
Corp. (Conrail) and purchased by KOVC pursuant
to an offer of financial assistance under 49 U.S.C.
§ 10904. See Consol. Rail Corp.—Aban.—
Huntingdon Cnty., Pa., AB 167 (Sub-No. 1175) (STB
served Apr. 10, 1997). In 1956, the EBT was
authorized for abandonment, see E. Broad Top R.R.
& Coal Co. Abandonment, 295 I.C.C. 814 (1956),
and apparently purchased by the then-owner of
KOVC, see Tex. & Okla. R.R.—Acquis. & Operation
Exemption—Atchison, Topeka, and Santa Fe Ry.,
FD 31870, at n.13 (ICC served April 20, 1992)
(describing how East Broad Top Railroad ceased
freight operations and was ‘‘shut down’’ in 1956 by
its then-owner and subsequently was purchased by
the then-owner of KOVC).
3 On March 20, 2014, EBTCR filed a verified
notice of exemption seeking authority to operate
over the Line in East Broad Top Connecting
Railroad—Operating Exemption—East Broad Top
Railroad Preservation Ass’n, Docket No. FD 35811.
4 The verified notice is deemed to have been filed
on June 3, 2014, the date of the Association’s and
EBTCR’s second clarification.
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is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions to stay must be
filed no later than June 26, 2014 (at least
7 days before the exemption becomes
effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35823, must be filed with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on John D. Heffner,
Strasburger & Price, LLP, 1025
Connecticut Ave. NW., Suite 717,
Washington, DC 20036.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV.’’
Dated: June 12, 2014.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014–14134 Filed 6–16–14; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35811]
East Broad Top Connecting Railroad—
Operation Exemption—East Broad Top
Railroad Preservation Association
East Broad Top Connecting Railroad
(EBTCR), a noncarrier, filed a verified
notice of exemption under 49 CFR
1150.31 to operate a line of railroad (the
Line) owned by the East Broad Top
Railroad Preservation Association (the
Association) 1 totaling approximately
4.5 miles near Mt. Union, Pa. The Line
consists of two segments: (1) The Mount
Union Industrial Track (MUIT),
extending between Railroad milepost
0.2, immediately west of the point of
switch at Railroad Station 4085+96 at
the junction with Norfolk Southern
Railway (NSR) at Mt. Union, Pa., to the
end of the track at milepost 1.4 at
Railroad Station 4025+00, and (2) the
original East Broad Top Main Line
(EBT) extending from its connection
with the MUIT at MUIT milepost 1.1,
MUIT Railroad Station 4038+39 (EBT
1 In East Broad Top Railroad Preservation Ass’n—
Acquisition & Operation Exemption—Kovalchick
Salvage Corp., Docket No. FD 35823, the
Association is belatedly seeking authority to acquire
and operate the Line, which it purchased from
Kovalchick Salvage Corp. in 2013.
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[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Notices]
[Pages 34563-34564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14089]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice To Rescind Notice of Intent To Prepare an Environmental
Impact Statement (EIS) on Central Broward East-West Transit Analysis in
Broward County, FL
AGENCY: Federal Transit Administration, DOT.
ACTION: Rescind Notice of Intent to Prepare an Environmental Impact
Statement.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA), in cooperation with
the Florida Department of Transportation (FDOT), is issuing this notice
to advise the public that the Notice of Intent (NOI) to prepare an
Environmental Impact Statement (EIS) for the proposed public
transportation improvement project in Broward County, Florida is being
rescinded.
FOR FURTHER INFORMATION CONTACT: Mr. Andres Ramirez, General Engineer,
Federal Transit Administration Region IV, 230 Peachtree Street NW.,
Atlanta, GA 30303, phone 404-865-5611, email andres.ramirez@dot.gov.
[[Page 34564]]
SUPPLEMENTARY INFORMATION: The FTA, as the lead federal agency, in
cooperation with FDOT published a NOI in the Federal Register on
September 2, 2008 (73 FR 51338) to prepare an EIS for improved transit
services in the Central Broward East-West Corridor between Sawgrass
Mills/Bank Atlantic Center and the Fort Lauderdale-Hollywood
International Airport through Downtown Fort Lauderdale.
Since that time, FTA and the FDOT have decided to re-evaluate the
transportation improvement project in terms of scope and alternatives
beyond what was originally considered. Therefore, the FTA has
determined that the NOI for the EIS will be rescinded.
Comments and questions concerning the proposed action should be
directed to FTA at the address provided above.
Yvette G. Taylor,
Regional Administrator, Federal Transit Administration Region IV, June
11, 2014.
[FR Doc. 2014-14089 Filed 6-16-14; 8:45 am]
BILLING CODE P
