Notice of Proposed Buy America Waiver for the Pad and Rubber Boot of a Concrete Block Used in New York City Transit South Ferry Station's Low Vibration Track System, 49371-49372 [2014-19732]

Download as PDF Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Notices Issued in Washington, DC on: August 12, 2014. Daniel Murray, Manager, Space Transportation Development Division. [FR Doc. 2014–19818 Filed 8–19–14; 8:45 am] BILLING CODE 4310–13–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2014–0019] Notice of Proposed Buy America Waiver for the Pad and Rubber Boot of a Concrete Block Used in New York City Transit South Ferry Station’s Low Vibration Track System AGENCY: Federal Transit Administration, DOT. Notice of proposed Buy America waiver and request for comment. ACTION: New York City Transit (NYCT), an agency of the Metropolitan Transportation Authority (MTA), has requested a Buy America waiver for the procurement of pads and rubber boots of a concrete block used in its Low Vibration Track (LVT) system on the basis of non-availability. The procurement for the pads and rubber boots are part of the South Ferry Station 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. If granted, the waiver would be limited to this one procurement for the South Ferry Station project. The waiver would be conditioned upon the requirement that NYCT must complete the safety testing of U.S.-manufactured pads and rubber boots necessary to meets its specifications within the timeframe provided herein, and to substitute U.S.manufactured pads and rubber boots for the foreign-made pads and rubber boots to the extent possible. DATES: Comments must be received by August 27, 2014. Late-filed comments will be considered to the extent practicable. SUMMARY: Please submit your comments by one of the following means, identifying your submissions by docket number FTA–2014–0019: 1. Web site: http:// 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, emcdonald on DSK67QTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 16:44 Aug 19, 2014 Jkt 232001 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–2014–0019. 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 http:// 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 http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mary J. Lee, Attorney-Advisor, at (202) 366–0985 or mary.j.lee@dot.gov. The purpose of this notice is to provide notice and seek comment on whether FTA should grant a non-availability waiver for the procurement of the pad and rubber boot of the concrete block used in NYCT’s LVT system for the South Ferry Station 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). SUPPLEMENTARY INFORMATION: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 49371 On March 21, 2014, FTA granted a waiver for the pad and the rubber boot to MTA Capital Construction Company, a construction management company for MTA expansion projects that is responsible for managing NYCT’s Second Avenue Subway (SAS) Project. This waiver was limited to Phase 1 of the SAS Project and in granting the waiver FTA expressed its expectation that MTA would continue its good faith efforts to seek U.S. manufacturers of the pad and rubber boot. On April 29, 2014, FTA followed up with a letter and reiterated its expectations that MTA continue to seek U.S.-manufactured pads and rubber boots and provided its findings on potential U.S. manufacturers.1 On July 14, 2014, NYCT requested another Buy America waiver for the pads and rubber boots to be procured for its South Ferry Station project. While NYCT has been conducting its own searches for U.S. manufacturers to find a U.S.-made pad and rubber boot, and Construction Polymers Technologies, Inc. (CPT)—the manufacturer for the concrete block for which the pad and rubber boot are components—has found U.S. manufacturers, NYCT asserts that safety testing of U.S.-manufactured pads and boots must be conducted before they can be used in NYCT’s LVT system. NYCT represents that all of the necessary testing that it must undertake with respect to new and untested items such as the pad and the boot will take approximately three months after CPT conducts its own testing and produces its results. FTA has been informed that CPT expects to produce its test results to NYCT on or about September 15, 2014. Accordingly, because of the timing of the contract award, which NYCT anticipates will occur by the end of September 2014, as well as the construction schedule, NYCT has requested a waiver. If the waiver is not granted, NYCT asserts that there would be no Buy America compliant items that also meet its safety specifications, which cannot be waived. The purpose of this notice is to publish the waiver 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 the waiver is 1 FTA leveraged the resources of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), through an interagency agreement currently in place, and had NIST conduct a supplier scouting resulting in a report completed by NIST of potential U.S.manufacturers for the pad and rubber boot. E:\FR\FM\20AUN1.SGM 20AUN1 49372 Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Notices granted, it would be limited to a single procurement for the South Ferry Station Project and conditioned upon NYCT completing the safety testing for the U.S.-made pad and rubber boot within approximately three months of receipt of CPT’s test results, which is expected on or about September 15, 2014. In addition, once all of the testing is complete within the aforementioned timeframe and if the testing confirms that the U.S-made pad and rubber boot meet NYCT’s safety specifications, FTA expects NYCT to substitute the U.S.made pads and rubber boots for the foreign-made items to the extent possible. A full copy of the request has been placed in docket number FTA– 2014–0019. [FR Doc. 2014–19732 Filed 8–19–14; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2014 0112] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TUNATAILS.COM; 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 September 19, 2014. ADDRESSES: Comments should refer to docket number MARAD–2014–0112. 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 http://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 emcdonald on DSK67QTVN1PROD with NOTICES VerDate Mar<15>2010 16:44 Aug 19, 2014 Jkt 232001 DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: ICD–10–CM/AIS Mapping Software 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. As described by the applicant the intended service of the vessel TUNATAILS.COM is: SUPPLEMENTARY INFORMATION: Intended Commercial Use Of Vessel: Charter 6 pack fishing, Gulf of Mexico Geographic Region: Louisiana, Mississippi, Alabama, Florida Dana Nifosi, Acting Chief Counsel. SUMMARY: federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. The complete application is given in DOT docket MARAD–2014–0112 at http://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. 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 Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: August 11, 2014. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2014–19644 Filed 8–19–14; 8:45 am] BILLING CODE 4910–81–P PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0062] National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Request for information; reopening of comment period. AGENCY: This document announces the reopening of the comment period on a Request for Information (RFI) regarding the potential development of a mapping software to translate the International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Clinical Modification (ICD–10–CM) discharge diagnoses into Abbreviated Injury Scale (AIS) pre-dot codes, injury descriptors, and severity scores. The original RFI was issued on June 12, 2014, and had a 60-day comment period ending on August 11, 2014. In response to continued interest in this issue, NHTSA is reopening the comment period for this RFI until September 30, 2014. DATES: The comment period for the RFI published on June 12, 2014 (79 FR 33799) is extended. Comments must be received no later than September 30, 2014. SUMMARY: ADDRESSES: Comments: You may submit comments [identified by Docket Number NHTSA–2014–0062] by any of the following methods: • Internet: To submit comments electronically, go to the U.S. Government regulations Web site at http://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: Written comments may be faxed to 202–493–2251. • Mail: Send comments to 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: If you plan to submit written comments by hand or courier, please do so at 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except federal holidays • You may call Docket Management at 1–800–647–5527. Instructions: For detailed instructions on submitting comments and additional E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49371-49372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19732]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0019]


Notice of Proposed Buy America Waiver for the Pad and Rubber Boot 
of a Concrete Block Used in New York City Transit South Ferry Station's 
Low Vibration Track System

AGENCY: Federal Transit Administration, DOT.

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

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

SUMMARY: New York City Transit (NYCT), an agency of the Metropolitan 
Transportation Authority (MTA), has requested a Buy America waiver for 
the procurement of pads and rubber boots of a concrete block used in 
its Low Vibration Track (LVT) system on the basis of non-availability. 
The procurement for the pads and rubber boots are part of the South 
Ferry Station 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. If granted, the waiver would be limited 
to this one procurement for the South Ferry Station project. The waiver 
would be conditioned upon the requirement that NYCT must complete the 
safety testing of U.S.-manufactured pads and rubber boots necessary to 
meets its specifications within the timeframe provided herein, and to 
substitute U.S.-manufactured pads and rubber boots for the foreign-made 
pads and rubber boots to the extent possible.

DATES: Comments must be received by August 27, 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-2014-0019:
    1. Web site: http://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-2014-0019. 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 http://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 http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mary J. Lee, 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 FTA should grant a non-availability 
waiver for the procurement of the pad and rubber boot of the concrete 
block used in NYCT's LVT system for the South Ferry Station 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 March 21, 2014, FTA granted a waiver for the pad and the rubber 
boot to MTA Capital Construction Company, a construction management 
company for MTA expansion projects that is responsible for managing 
NYCT's Second Avenue Subway (SAS) Project. This waiver was limited to 
Phase 1 of the SAS Project and in granting the waiver FTA expressed its 
expectation that MTA would continue its good faith efforts to seek U.S. 
manufacturers of the pad and rubber boot. On April 29, 2014, FTA 
followed up with a letter and reiterated its expectations that MTA 
continue to seek U.S.-manufactured pads and rubber boots and provided 
its findings on potential U.S. manufacturers.\1\
---------------------------------------------------------------------------

    \1\ FTA leveraged the resources of the U.S. Department of 
Commerce, National Institute of Standards and Technology (NIST), 
through an interagency agreement currently in place, and had NIST 
conduct a supplier scouting resulting in a report completed by NIST 
of potential U.S.-manufacturers for the pad and rubber boot.
---------------------------------------------------------------------------

    On July 14, 2014, NYCT requested another Buy America waiver for the 
pads and rubber boots to be procured for its South Ferry Station 
project. While NYCT has been conducting its own searches for U.S. 
manufacturers to find a U.S.-made pad and rubber boot, and Construction 
Polymers Technologies, Inc. (CPT)--the manufacturer for the concrete 
block for which the pad and rubber boot are components--has found U.S. 
manufacturers, NYCT asserts that safety testing of U.S.-manufactured 
pads and boots must be conducted before they can be used in NYCT's LVT 
system. NYCT represents that all of the necessary testing that it must 
undertake with respect to new and untested items such as the pad and 
the boot will take approximately three months after CPT conducts its 
own testing and produces its results. FTA has been informed that CPT 
expects to produce its test results to NYCT on or about September 15, 
2014. Accordingly, because of the timing of the contract award, which 
NYCT anticipates will occur by the end of September 2014, as well as 
the construction schedule, NYCT has requested a waiver. If the waiver 
is not granted, NYCT asserts that there would be no Buy America 
compliant items that also meet its safety specifications, which cannot 
be waived.
    The purpose of this notice is to publish the waiver 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 the waiver is

[[Page 49372]]

granted, it would be limited to a single procurement for the South 
Ferry Station Project and conditioned upon NYCT completing the safety 
testing for the U.S.-made pad and rubber boot within approximately 
three months of receipt of CPT's test results, which is expected on or 
about September 15, 2014. In addition, once all of the testing is 
complete within the aforementioned timeframe and if the testing 
confirms that the U.S-made pad and rubber boot meet NYCT's safety 
specifications, FTA expects NYCT to substitute the U.S.-made pads and 
rubber boots for the foreign-made items to the extent possible. A full 
copy of the request has been placed in docket number FTA-2014-0019.

Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2014-19732 Filed 8-19-14; 8:45 am]
BILLING CODE 4910-57-P