Notice of Proposed Buy America Waiver for a Variable Refrigerant Flow HVAC System, 56618-56619 [2014-22488]

Download as PDF 56618 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices collected under this rule will be used as part of FRA’s oversight function to ensure that extraterritorial dispatchers comply with applicable safety regulations. Form Number(s): N/A. Affected Public: Businesses. Respondent Universe: 4 Railroads. Frequency of Submission: On occasion. REPORTING BURDEN CFR section Respondent universe Total annual responses Average time per response Total annual burden hours 241.9—Written Notification to FRA Regional Administrator of Emergency Where Dispatcher Outside the U.S. dispatches a Railroad Operation in the U.S. for Duration of Emergency. 4 Railroads ........................ 1 Notice ............................. 8 hours .............................. 8 hours. Total Responses: 1. Total Estimated Total Annual Burden: 8 hours. Status: Extension of a Currently Approved Collection. Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 1320.8(b)(3)(vi), FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Authority: 44 U.S.C. 3501–3520. Rebecca Pennington, Chief Financial Officer. [FR Doc. 2014–22500 Filed 9–19–14; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2014–0021] 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 San Bernardino Associated Governments (SANBAG) for the Omnitrans San Bernardino Transit Center (SBTC). 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 asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 FTA-funded procurement of a VRF HVAC system by SANBAG. DATES: Comments must be received by September 29, 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–2014–0021: 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–2014–0021. 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. PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Richard L. Wong, FTA AttorneyAdvisor, at (202) 366–4011 or richard.wong@dot.gov. SUPPLEMENTARY INFORMATION: The Federal Transit Administration (FTA) seeks comment on whether it should grant a non-availability waiver for the San Bernardino Associated Governments’ (SANBAG) procurement of a Variable Refrigerant Flow (VRF) HVAC system for the Omnitrans San Bernardino Transit Center (SBTC) using FTA grant funding. 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). SANBAG is requesting a nonavailability waiver for its procurement of a VRF HVAC system that will be installed in a multimodal transfer facility in downtown San Bernardino, California, which will serve both transit patrons and operators of Omnitrans’ fixed route buses, the newly opened sbX bus rapid transit (BRT) line, the Victor Valley Transit Authority, the Mountain E:\FR\FM\22SEN1.SGM 22SEN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices Area Regional Transit Authority, and the Southern California Regional Rail Authority (Metrolink). 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 SANBAG, its contractor was directed to evaluate the substitution of a Buy America-compliant Variable Air Volume (VAV) system, but the contractor advised SANBAG that the VAV system would endanger the project’s LEED Gold certification because of the difference in efficiency between the VAV and VRF HVAC systems. In addition, the substitution of a VAV system would require significant changes to the project, such as the alteration of alreadyerected structural elements that were designed to accommodate a VRF system and additional design changes and plan reviews by the City of San Bernardino. SANBAG points to a recent nonavailability waiver FTA issued to St. Louis’ MetroLink for a similar VRF system (79 FR 34653, June 17, 2014), as well as to a blanket non-availability waiver issued by the U.S. Department of Energy (DOE) in 2010 for VRF HVAC systems procured with American Reinvestment and Recovery Act funding (75 FR 35447, June 22, 2010). According to SANBAG, the U.S. DOE’s determination of non-availability and FTA’s recent St. Louis MetroLink waiver, as well as their own contractor’s research, indicate that this product is not manufactured domestically. The purpose of this notice is to publish SANBAG’s request and to 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–2014–0021. Dana Nifosi, Acting Chief Counsel. [FR Doc. 2014–22488 Filed 9–19–14; 8:45 am] BILLING CODE 4910–57–P VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designations, Foreign Narcotics Kingpin Designation Act Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury ’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the names of eight individuals whose property and interests in property have been blocked pursuant to the Foreign Narcotics Kingpin Designation Act (‘‘Kingpin Act’’) (21 U.S.C. 1901–1908, 8 U.S.C. 1182). DATES: The designation by the Director of OFAC of the eight individuals identified in this notice pursuant to section 805(b) of the Kingpin Act is effective on September 16, 2014. FOR FURTHER INFORMATION CONTACT: Assistant Director, Sanctions Compliance & Evaluation, Office of Foreign Assets Control, U.S. Department of the Treasury, Washington, DC 20220, Tel: (202) 622–2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic and Facsimile Availability This document and additional information concerning OFAC are available on OFAC’s Web site at http://www.treasury.gov/ofac or via facsimile through a 24-hour fax-ondemand service at (202) 622–0077. Background The Kingpin Act became law on December 3, 1999. The Kingpin Act establishes a program targeting the activities of significant foreign narcotics traffickers and their organizations on a worldwide basis. It provides a statutory framework for the imposition of sanctions against significant foreign narcotics traffickers and their organizations on a worldwide basis, with the objective of denying their businesses and agents access to the U.S. financial system and the benefits of trade and transactions involving U.S. companies and individuals. The Kingpin Act blocks all property and interests in property, subject to U.S. jurisdiction, owned or controlled by significant foreign narcotics traffickers as identified by the President. In addition, the Secretary of the Treasury, in consultation with the Attorney General, the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of PO 00000 Frm 00065 Fmt 4703 Sfmt 9990 56619 Defense, the Secretary of State, and the Secretary of Homeland Security may designate and block the property and interests in property, subject to U.S. jurisdiction, of persons who are found to be: (1) Materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a person designated pursuant to the Kingpin Act; (2) owned, controlled, or directed by, or acting for or on behalf of, a person designated pursuant to the Kingpin Act; or (3) playing a significant role in international narcotics trafficking. On September 16, 2014, the Director of OFAC designated the following eight individuals whose property and interests in property are blocked pursuant to section 805(b) of the Kingpin Act. 1. GONZALEZ VASQUEZ, Julian Andrey (a.k.a. ‘‘BARNY’’); DOB 31 Jan 1979; POB La Merced, Caldas, Colombia; citizen Colombia; Cedula No. 8125194 (Colombia) (individual) [SDNTK]. 2. HERNANDEZ GRISALES, Jesus David (a.k.a. ‘‘CHAPARRO’’); DOB 25 Nov 1975; POB Medellin, Colombia; citizen Colombia; Cedula No. 98658284 (Colombia) (individual) [SDNTK]. 3. MEDINA CARDONA, Rubiel (a.k.a. ‘‘MONO AMALFI’’); DOB 17 Oct 1979; POB Marquetalia, Caldas, Colombia; citizen Colombia; Cedula No. 75004020 (Colombia) (individual) [SDNTK]. 4. MESA VALLEJO, Juan Carlos (a.k.a. ‘‘CARLOS CHATAS’’; a.k.a. ‘‘TOM’’); DOB 08 Dec 1967; POB Bello, Antioquia, Colombia; citizen Colombia; Cedula No. 71698071 (Colombia) (individual) [SDNTK]. 5. MUNOZ AGUDELO, Diego Alberto (a.k.a. ‘‘DIEGO CHAMIZO’’); DOB 16 May 1969; POB Medellin, Colombia; citizen Colombia; Cedula No. 98547065 (Colombia) (individual) [SDNTK]. 6. RAMIREZ GARCIA, Freyner Alfonso (a.k.a. ‘‘CARLOS PESEBRE’’); DOB 13 May 1973; POB Medellin, Colombia; citizen Colombia; Cedula No. 71737758 (Colombia) (individual) [SDNTK]. 7. RIOS LOPEZ, Didier de Jesus (a.k.a. ‘‘TUTO’’); DOB 18 Jun 1974; POB Itagui, Antioquia, Colombia; citizen Colombia; Cedula No. 98622424 (Colombia) (individual) [SDNTK]. 8. ROJAS, Edinson Rodolfo (a.k.a. ‘‘PICHI’’); DOB 26 Sep 1973; POB Medellin, Colombia; citizen Colombia; Cedula No. 98593559 (Colombia) (individual) [SDNTK]. Dated: September 16, 2014. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. 2014–22478 Filed 9–19–14; 8:45 am] BILLING CODE 4810–AL–P E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Notices]
[Pages 56618-56619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22488]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0021]


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 San Bernardino Associated 
Governments (SANBAG) for the Omnitrans San Bernardino Transit Center 
(SBTC). 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 SANBAG.

DATES: Comments must be received by September 29, 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-2014-0021:
    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-2014-0021. 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: Richard L. Wong, FTA Attorney-Advisor, 
at (202) 366-4011 or richard.wong@dot.gov.

SUPPLEMENTARY INFORMATION: The Federal Transit Administration (FTA) 
seeks comment on whether it should grant a non-availability waiver for 
the San Bernardino Associated Governments' (SANBAG) procurement of a 
Variable Refrigerant Flow (VRF) HVAC system for the Omnitrans San 
Bernardino Transit Center (SBTC) using FTA grant funding.
    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).
    SANBAG is requesting a non-availability waiver for its procurement 
of a VRF HVAC system that will be installed in a multimodal transfer 
facility in downtown San Bernardino, California, which will serve both 
transit patrons and operators of Omnitrans' fixed route buses, the 
newly opened sbX bus rapid transit (BRT) line, the Victor Valley 
Transit Authority, the Mountain

[[Page 56619]]

Area Regional Transit Authority, and the Southern California Regional 
Rail Authority (Metrolink). 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 SANBAG, its 
contractor was directed to evaluate the substitution of a Buy America-
compliant Variable Air Volume (VAV) system, but the contractor advised 
SANBAG that the VAV system would endanger the project's LEED Gold 
certification because of the difference in efficiency between the VAV 
and VRF HVAC systems. In addition, the substitution of a VAV system 
would require significant changes to the project, such as the 
alteration of already-erected structural elements that were designed to 
accommodate a VRF system and additional design changes and plan reviews 
by the City of San Bernardino.
    SANBAG points to a recent non-availability waiver FTA issued to St. 
Louis' MetroLink for a similar VRF system (79 FR 34653, June 17, 2014), 
as well as to a blanket non-availability waiver issued by the U.S. 
Department of Energy (DOE) in 2010 for VRF HVAC systems procured with 
American Reinvestment and Recovery Act funding (75 FR 35447, June 22, 
2010). According to SANBAG, the U.S. DOE's determination of non-
availability and FTA's recent St. Louis MetroLink waiver, as well as 
their own contractor's research, indicate that this product is not 
manufactured domestically.
    The purpose of this notice is to publish SANBAG's request and to 
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-2014-0021.

Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2014-22488 Filed 9-19-14; 8:45 am]
BILLING CODE 4910-57-P