Notice of Proposed Buy America Waiver for Track Turnout Components, 75857-75858 [2014-29730]

Download as PDF Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Notices enter the United States duty-free under subheading 9822.09.17 in CY 2015. ACTION: Darci L. Vetter, Chief Agricultural Negotiator, Office of the U.S. Trade Representative. SUMMARY: [FR Doc. 2014–29786 Filed 12–18–14; 8:45 am] BILLING CODE 3290–F5–P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Dockets DOT–OST–1997–3017 and DOT– OST–1997–3113] Notice of Sky King, Inc. To Resume Operations Department of Transportation. Notice of Order to Show Cause (Order 2014–12–8). AGENCY: ACTION: The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Sky King, Inc., a U.S. citizen and fit, willing, and able to resume interstate and foreign charter air transportation of persons, property, and mail. DATES: Persons wishing to file objections should do so no later than December 19, 2014. ADDRESSES: Objections and answers to objections should be filed in Dockets DOT–OST–1997–3017 and DOT–OST– 1997–3113 and addressed to the Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590 and should be served upon the parties listed in Attachment A to the order. FOR FURTHER INFORMATION CONTACT: Damon D. Walker, Air Carrier Fitness Division, (X–56, Office W86–469), U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366–9721. SUMMARY: Dated: December 12, 2014. Susan L. Kurland, Assistant Secretary for Aviation and International Affairs. [FR Doc. 2014–29735 Filed 12–18–14; 8:45 am] BILLING CODE 4910–9X–P mstockstill on DSK4VPTVN1PROD with NOTICES DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2014–0025] Notice of Proposed Buy America Waiver for Track Turnout Components AGENCY: Federal Transit Administration, DOT. VerDate Sep<11>2014 19:37 Dec 18, 2014 Jkt 235001 Notice of proposed Buy America waiver and request for comment. The Federal Transit Administration (FTA) is providing notice of a request from the New York Metropolitan Transportation Authority’s Long Island Rail Road (LIRR) to waive Buy America requirements for the purchase of components of high-speed track turnouts that do not meet FTA’s Buy America requirements. The LIRR submitted the request in connection with three projects: (1) LIRR’s 2015 State of Good Repair Program; (2) the East Side Access Project; and (3) LIRR’s Jamaica Capacity Improvement Project. Pursuant to 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver request and is seeking public comment before deciding whether to grant the request. If granted, the waiver would apply only to the FTA-funded procurements in LIRR’s 2015 State of Good Repair Program, the East Side Access Project, and LIRR’s Jamaica Capacity Improvement Project, and only to the procurement of components—the turnouts will be manufactured in the United States. This proposed Buy America waiver does not include the turnout components for the Northeast Corridor Congestion Relief Project at Harold Interlocking, which is being addressed in a separate waiver request published by the Federal Railroad Administration (FRA), as FRA funds are being used for that project. DATES: Comments must be received by January 20, 2015. FTA will consider late-filed comments to the extent practicable. Please submit your comments by one of the following means, identifying your submissions by docket number FTA–2014–0025: 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–2014–0025. Due to the ADDRESSES: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 75857 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 AttorneyAdvisor, at (202) 366–4011 or Richard.Wong@dot.gov. SUPPLEMENTARY INFORMATION: FTA seeks comment on whether it should a grant a non-availability waiver for LIRR’s procurements of turnouts needed for LIRR’s 2015 State of Good Repair Program, the East Side Access Project, and LIRR’s Jamaica Capacity Improvement Project, which are utilizing FTA 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 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. 49 CFR 661.5(d). A component is of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d)(2). If 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 non-availability waiver. 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). LIRR is requesting a non-availability waiver for its procurement of turnouts needed for LIRR’s 2015 State of Good Repair Program, the East Side Access Project, and LIRR’s Jamaica Capacity Improvement Project. The turnouts consist of multiple components, including Schwihag roller assemblies, Schwihag plates, ZU1–60 steel switch point rail sections, and movable point frogs, which LIRR asserts are not available and are not manufactured in the United States. The turnouts E:\FR\FM\19DEN1.SGM 19DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 75858 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Notices themselves, however, will be manufactured in the United States. LIRR states that these turnouts are essential throughout its system for the following operational reasons: (1) the turnouts withstand the frequent and heavy use by passenger and freight trains traveling along LIRR’s right of way; (2) the turnouts accommodate an increased amount of rush hour trains and allow them to travel at higher speeds, ultimately providing more throughput during LIRR’s busiest hours; (3) the foreign-made components reduce impact loading to the turnouts; and (4) the turnouts provide for less wear and tear, thereby requiring less maintenance, extending the useful lives of the turnouts, and requiring less outages and negative impacts on LIRR’s operations. In support of its requests, LIRR points to a non-availability waiver that FRA issued to the National Railroad Passenger Corporation (also referred to as ‘‘Amtrak’’) for the same turnout components on April 23, 2013. FRA’s waiver was based on a December 2012 Supplier Scouting Report (Report) developed by the Manufacturing Extension Partnership of the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST). NIST’s Report identified several potential U.S. manufacturers of the turnout components, but after extensive outreach, FRA determined that no domestic manufacturers were willing and capable of producing the components. To support the waiver requests that are the subject of this notice, LIRR utilized the NIST Report and conducted individualized outreach with each of the manufacturers identified in it. LIRR also conducted its own independent outreach. Based on these efforts, LIRR has determined that there are no U.S. manufacturers that are willing and capable of producing the turnout components that are needed for its system. Since that initial waiver, FRA published a second notice on September 19, 2014, requesting comments on a subsequent request for turnout components from LIRR for the Harold Interlocking Project that would not meet FRA’s Buy America requirements. See, http://www.fra.dot.gov/Page/P0719. FRA’s comment period closed on October 6, 2014, and interested parties can view FRA’s determination via the Buy America web link in the preceding sentence. The purpose of this Notice is to inform potential interested vendors of LIRR’s requests 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 VerDate Sep<11>2014 19:37 Dec 18, 2014 Jkt 235001 completely the facts surrounding the request, including the effects of a potential waiver and the merits of the request. Full copies of LIRR’s requests will be posted in docket number FTA– 2014–0025, along with any public comments. Dana Nifosi, Acting Chief Counsel. [FR Doc. 2014–29730 Filed 12–18–14; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2014 0155] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BELLAROMA; 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 January 20, 2015. ADDRESSES: Comments should refer to docket number MARAD–2014–0155. 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 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. SUMMARY: FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 366–0903, Email Linda.Williams@ dot.gov. As described by the applicant the intended service of the vessel BELLAROMA is: Intended Commercial Use Of Vessel: ‘‘Passenger charter use only. Primarily day charters but some overnights as well.’’ Geographic Region: ‘‘Florida, South Carolina and Georgia’’ The complete application is given in DOT docket MARAD–2014–0155 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. SUPPLEMENTARY INFORMATION: 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: December 11, 2014. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2014–29718 Filed 12–18–14; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2014 0154] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MIS MOONDANCE; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Notices]
[Pages 75857-75858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29730]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0025]


Notice of Proposed Buy America Waiver for Track Turnout 
Components

AGENCY: Federal Transit Administration, DOT.

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

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

SUMMARY: The Federal Transit Administration (FTA) is providing notice 
of a request from the New York Metropolitan Transportation Authority's 
Long Island Rail Road (LIRR) to waive Buy America requirements for the 
purchase of components of high-speed track turnouts that do not meet 
FTA's Buy America requirements. The LIRR submitted the request in 
connection with three projects: (1) LIRR's 2015 State of Good Repair 
Program; (2) the East Side Access Project; and (3) LIRR's Jamaica 
Capacity Improvement Project. Pursuant to 49 U.S.C. 5323(j)(3)(A), FTA 
is providing notice of the waiver request and is seeking public comment 
before deciding whether to grant the request. If granted, the waiver 
would apply only to the FTA-funded procurements in LIRR's 2015 State of 
Good Repair Program, the East Side Access Project, and LIRR's Jamaica 
Capacity Improvement Project, and only to the procurement of 
components--the turnouts will be manufactured in the United States.
    This proposed Buy America waiver does not include the turnout 
components for the Northeast Corridor Congestion Relief Project at 
Harold Interlocking, which is being addressed in a separate waiver 
request published by the Federal Railroad Administration (FRA), as FRA 
funds are being used for that project.

DATES: Comments must be received by January 20, 2015. FTA will consider 
late-filed comments to the extent practicable.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FTA-2014-0025:
    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-2014-0025. 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: FTA seeks comment on whether it should a 
grant a non-availability waiver for LIRR's procurements of turnouts 
needed for LIRR's 2015 State of Good Repair Program, the East Side 
Access Project, and LIRR's Jamaica Capacity Improvement Project, which 
are utilizing FTA 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 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. 49 CFR 661.5(d). A component is of U.S. origin if it is 
manufactured in the United States, regardless of the origin of its 
subcomponents. 49 CFR 661.5(d)(2). If 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 non-availability waiver. 49 U.S.C. 
5323(j)(2)(B); 49 CFR 661.7(c).
    LIRR is requesting a non-availability waiver for its procurement of 
turnouts needed for LIRR's 2015 State of Good Repair Program, the East 
Side Access Project, and LIRR's Jamaica Capacity Improvement Project. 
The turnouts consist of multiple components, including Schwihag roller 
assemblies, Schwihag plates, ZU1-60 steel switch point rail sections, 
and movable point frogs, which LIRR asserts are not available and are 
not manufactured in the United States. The turnouts

[[Page 75858]]

themselves, however, will be manufactured in the United States.
    LIRR states that these turnouts are essential throughout its system 
for the following operational reasons: (1) the turnouts withstand the 
frequent and heavy use by passenger and freight trains traveling along 
LIRR's right of way; (2) the turnouts accommodate an increased amount 
of rush hour trains and allow them to travel at higher speeds, 
ultimately providing more throughput during LIRR's busiest hours; (3) 
the foreign-made components reduce impact loading to the turnouts; and 
(4) the turnouts provide for less wear and tear, thereby requiring less 
maintenance, extending the useful lives of the turnouts, and requiring 
less outages and negative impacts on LIRR's operations.
    In support of its requests, LIRR points to a non-availability 
waiver that FRA issued to the National Railroad Passenger Corporation 
(also referred to as ``Amtrak'') for the same turnout components on 
April 23, 2013. FRA's waiver was based on a December 2012 Supplier 
Scouting Report (Report) developed by the Manufacturing Extension 
Partnership of the U.S. Department of Commerce's National Institute of 
Standards and Technology (NIST). NIST's Report identified several 
potential U.S. manufacturers of the turnout components, but after 
extensive outreach, FRA determined that no domestic manufacturers were 
willing and capable of producing the components. To support the waiver 
requests that are the subject of this notice, LIRR utilized the NIST 
Report and conducted individualized outreach with each of the 
manufacturers identified in it. LIRR also conducted its own independent 
outreach. Based on these efforts, LIRR has determined that there are no 
U.S. manufacturers that are willing and capable of producing the 
turnout components that are needed for its system.
    Since that initial waiver, FRA published a second notice on 
September 19, 2014, requesting comments on a subsequent request for 
turnout components from LIRR for the Harold Interlocking Project that 
would not meet FRA's Buy America requirements. See, http://www.fra.dot.gov/Page/P0719. FRA's comment period closed on October 6, 
2014, and interested parties can view FRA's determination via the Buy 
America web link in the preceding sentence.
    The purpose of this Notice is to inform potential interested 
vendors of LIRR's requests 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. Full copies of LIRR's requests will be posted in docket number 
FTA-2014-0025, along with any public comments.

Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2014-29730 Filed 12-18-14; 8:45 am]
BILLING CODE 4910-57-P