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]

Download as PDF 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 tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:43 Jun 16, 2014 Jkt 232001 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 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 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. E:\FR\FM\17JNN1.SGM 17JNN1 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. VerDate Mar<15>2010 16:43 Jun 16, 2014 Jkt 232001 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. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 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. E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[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]


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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.

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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