Notice of Intent To Grant a Buy America Waiver to the Illinois Department of Transportation for the Use of Sure Close Self-Closing Force Adjustable Gate Hinges, 8131-8133 [2015-02996]

Download as PDF Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Notices iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available. This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate in the procurement of non-domestic 4 in. and 12 in. trunnion mounted steel ball valves as part of natural gas distribution facility involved with the replacement of the Kosciuszko Bridge over Newton Creek in New York City. In accordance with Division A, section 122 of the ‘‘Consolidated and Further Continuing Appropriations Act, 2012’’ (Pub. L. 112–55), the FHWA published a notice of intent to issue a waiver on its Web site for non-domestic 4 in. and 12 in. trunnion mounted steel ball valves (https://www.fhwa.dot.gov/ construction/contracts/ waivers.cfm?id=102) on December 1, 2014. The FHWA received no comments in response to the publication. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers of 4 in. and 12 in. trunnion mounted steel ball valves for the project. Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers of the 4 in. and 12 in. trunnion mounted steel ball valves that meet the project specifications. In accordance with the provisions of section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat. 1572), the FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to the FHWA’s Web site via the link provided to the New York waiver page noted above. tkelley on DSK3SPTVN1PROD with NOTICES Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Dated: February 6, 2015. Gregory G. Nadeau, Acting Administrator, Federal Highway Administration. [FR Doc. 2015–03029 Filed 2–12–15; 8:45 am] BILLING CODE 4910–22–P VerDate Sep<11>2014 21:56 Feb 12, 2015 Jkt 235001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification Federal Highway Administration (FHWA), DOT. ACTION: Notice. AGENCY: This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for the use of non-domestic brakes and bearings for rehabilitation of a ferry lift bridge on Governors Island, New York. DATES: The effective date of the waiver is February 17, 2015. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366–1562, or via email at gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Jomar Maldonado, FHWA Office of the Chief Counsel, (202) 366–1373, or via email at Jomar.Maldonado@dot.gov. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Access An electronic copy of this document may be downloaded from the Federal Register’s home page at: https://www.archives.gov and the Government Publishing Office’s database at: https://www.access.gpo.gov/ nara. 8131 www.fhwa.dot.gov/construction/ contracts/waivers.cfm?id=104) on December 18, 2014. The FHWA received no comments in response to the publication. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers of brakes and bearings that meet the project specifications. Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers of the brakes and bearings that meet the project specifications. In accordance with the provisions of section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat. 1572), the FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to the FHWA’s Web site via the link provided to the New York waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Dated: February 6, 2015. Gregory G. Nadeau, Acting Administrator, Federal Highway Administration. [FR Doc. 2015–03025 Filed 2–12–15; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Background [Docket No. FRA–2012–0033] The FHWA’s Buy America policy in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available. This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for use of nondomestic brakes and bearings for the rehabilitation of a ferry lift bridge on Governors Island, New York. In accordance with Division A, section 122 of the ‘‘Consolidated and Further Continuing Appropriations Act, 2012’’ (Pub. L. 112–55), the FHWA published a notice of intent to issue a waiver on its Web site (https:// Notice of Intent To Grant a Buy America Waiver to the Illinois Department of Transportation for the Use of Sure Close Self-Closing Force Adjustable Gate Hinges PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of intent to grant Buy America waiver. AGENCY: FRA is issuing this notice to advise the public that it intends to grant the Illinois Department of Transportation (IDOT) a waiver from FRA’s Buy America requirement for the use of 350 Sure Close gate hinges, which are manufactured in Italy. Self-closing, force adjustable gate hinges are one component of the larger construction project to install pedestrian swing gates in connection with the Chicago-St. Louis High Speed Rail (HSR) corridor project. The Chicago-St. Louis HSR SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1 tkelley on DSK3SPTVN1PROD with NOTICES 8132 Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Notices project is funded by a $1.33 billion grant from FRA. The value of the 350 hinges is approximately $110,000. DATES: Written comments on FRA’s determination to grant IDOT’s Buy America waiver request should be provided to the FRA on or before March 2, 2015. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FRA–2012–0033. All electronic submissions must be made to the U.S. Government electronic site at https://www.regulations.gov. Commenters should follow the instructions below for mailed and handdelivered comments. (1) Web site: https:// 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, Room W12–140, Washington, DC, 20590–0001; or (4) Hand Delivery: Room W12–140 on the first floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must make reference to the ‘‘Federal Railroad Administration’’ and include docket number FRA–2012–0033. Due to security procedures in effect since October 2001, 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 https:// www.regulations.gov. For more information, you may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or visit https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202) 493–0078, John.Johnson@dot.gov. SUPPLEMENTARY INFORMATION: The letter granting IDOT’s request is quoted below: Joseph E. Shacter, Director of Public and Intermodal Transportation, Illinois VerDate Sep<11>2014 21:56 Feb 12, 2015 Jkt 235001 Department of Transportation, Division of Public and Intermodal Transportation, 100 West Randolph Street, Suite 6–600, Chicago, IL 60601 Re: Request for Waiver of Buy America Requirement for Sure Close Gate Hinges Dear Mr. Shacter: This letter is in response to your request dated September 25, 2014, that the Federal Railroad Administration (FRA) grant the Illinois Department of Transportation (IDOT), a waiver from FRA’s Buy America provision, at 49 U.S.C. § 24405(a)(1), for one component of the pedestrian swing gates. Your waiver request is for 350 of 600 Sure Close gate hinges by D&D Technology needed for the project. Because the hinges are manufactured in Italy, IDOT would need a waiver from FRA’s Buy America requirement. The FRA is granting IDOT’s request for these initial 350 Sure Close gate hinges. The request is based on the Buy America provision (49 U.S.C. 24405(a)) applicable to FRA’s High-Speed Intercity Passenger Rail (HSIPR) Program $1.33 billion grant for the Chicago-St. Louis High Speed Rail (HSR) corridor. FRA’s Buy America requirement for the manufactured goods used in rail infrastructure projects requires domestic manufacturing of the end product and that all of the components be manufactured in the United States. In this case, FRA determined the swing gate system to be an end product while the gate hinge is a component. The swing gate and all other components are manufactured in the United States. Section 24405(a)(2) also permits the Secretary (delegated to the FRA Administrator) to waive the Buy America requirements if the Secretary finds that: (A) Applying paragraph (1) would be inconsistent with the public interest; (B) the steel, iron, and goods manufactured in the United States are not produced in sufficient and reasonably available amount or are not of a satisfactory quality; (C) rolling stock or power train equipment cannot be bought or delivered to the United States within a reasonable time; or (D) including domestic material will increase the cost of the overall project by more than 25 percent. On December 12, 2013, IDOT submitted an initial Buy America waiver request for the Sure Close hinge to install all 600 of the required hinges along the entire Chicago St Louis HSR corridor. IDOT has made, and continues to make, extensive efforts to procure a domestic gate hinge for the pedestrian PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 crossings. IDOT initially located a U.S. manufactured hinge; however, the Illinois Commerce Commission (ICC) tested the swing gate and found that the closure force was too strong, even when adjusted, and could cause pedestrian injury. IDOT and ICC then found the Sure Close hinge, which is self-closing, force adjustable and manufactured in Italy. It meets the ICC’s safety and performance requirements and is the only non-domestic component of the swing gate. The hinges and attachment brackets cost about $315 each; the total cost for the required 600 hinges is approximately $190,000. To determine whether to grant IDOT’s initial request, FRA provided notice and an opportunity for comment on its public Web site. FRA also emailed notice to over 6,000 persons who have signed up for Buy America notices. FRA received twelve comments to the Web site notice. Almost all of the commenters recommended denying the waiver; however, no commenter identified a supplier for the hinges. FRA also used the services of the National Institute of Standards and Technology’s Manufacturing Extension Partnership (NIST-MEP) in order to scout for domestic sources for the hinges. NISTMEP did not identify any exact matches. An ‘‘exact match’’ would mean a manufacturer already produces the same item immediately suitable for use in the project. NIST-MEP did identify twentyseven manufacturers that may have the capabilities to produce the gate hinge needed for the project. However, only three of these twenty-seven manufacturers made a similar item that with some modification and testing may have been suitable for use in the project. IDOT worked with NIST-MEP to contact these three firms. IDOT identified one U.S. manufacturer that stated it had the capability to produce the type of adjustable hinge needed for the gate. IDOT has been working with that manufacturer; however, the manufacturer’s efforts on IDOT’s behalf have not yet yielded a hinge having the qualities needed for this project. In addition, once functional prototypes are delivered to IDOT, they will still need to be tested in adverse climates, including winter weather. Further delays in delivery could delay testing until winter 2015–16 and useable hinges are necessary to ensure that major segments of the HSR project are completed next year. To meet this schedule, on September 25, 2014, IDOT updated its initial Buy America request asking that 350 of the required 600 Sure Close hinges, costing approximately $110,000, be allowed for use in current and soon-to-be awarded E:\FR\FM\13FEN1.SGM 13FEN1 Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES construction contracts. In this letter, IDOT asserts that if the manufacturer ‘‘prototype is delivered in time to allow testing this winter, and the testing is successful, IDOT commits to using’’ the domestically produced hinges for the remaining 250 pedestrian gate installations. If a functional prototype is not available for testing, IDOT may need to install the additional 250 hinges with the Sure Close hinge. IDOT continues to assert that use of a self-closing, force adjustable gate hinge such as the Sure Close Hinge is essential for maintaining safe pedestrian grade crossings and that a similar hinge remains unavailable from a U.S. source. After receiving the September 25, 2014 updated waiver request from IDOT, FRA again provided notice and an opportunity for comment on its public Web site, as well as by emailing the Buy America listserv. FRA received two comments. One commenter supported the waiver, while the other commenter did not support the waiver. Once again, no commenter identified a domestic supplier for the hinges. Based on NIST–MEP’s scouting report, which did not identify a U.S. manufacturer that makes the same item, IDOT’s inability at this time to locate a domestic gate hinge for pedestrian crossings meeting IDOT’s safety and schedule needs, and the fact that the public did not identify a domestic source, FRA finds that gate hinges ‘‘produced in the United States are not of a satisfactory quality.’’ Therefore, FRA grants a waiver under 49 U.S.C. § 24405(a)(2)(B) (goods of a satisfactory quality are not produced in the United States). Pursuant to 49 U.S.C. § 24405(a)(4), FRA is publishing notice of its decision to grant IDOT’s waiver request in the Federal Register and provide notice of such finding and an opportunity for public comment after which this waiver will become effective. FRA expects IDOT to continue to use its best efforts to work with the proposed domestic manufacturer and procure domesticallyproduced hinges for the remaining 250 gate installations. Question about this letter can be directed to, John Johnson, AttorneyAdvisor, at john.johnson@dot.gov or (202) 493–0078. Sincerely, Sarah Feinberg Acting Administrator Issued in Washington, DC on February 6, 2015. Melissa L. Porter, Chief Counsel. [FR Doc. 2015–02996 Filed 2–12–15; 8:45 am] BILLING CODE 4910–06–P VerDate Sep<11>2014 21:56 Feb 12, 2015 Jkt 235001 DEPARTMENT OF TRANSPORTATION Maritime Administration U.S. Merchant Marine Academy Board of Visitors Notice of Meeting Maritime Administration, Department of Transportation. ACTION: Meeting notice. AGENCY: Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in Sunshine Act of 1976 (5 U.S.C. 552b, as amended) and 41 CFR 102–3.150, the U.S. Department of Transportation, Maritime Administration (MARAD) announces that a meeting of the U.S. Merchant Marine Academy (‘‘Academy’’) Board of Visitors (BOV) will take place: 1. Date: February 26, 2015. 2. Time: 2:30 to 3:30 p.m. (local) Eastern Time. 3. Requirements for Access: Members of the public wishing to attend the meeting will need to show photo identification in order to gain access to the meeting location. All participants are subject to security screening. 4. Location: To Be Determined; Washington, DC. 5. Purpose of the Meeting: The purpose of this meeting is to highlight the President’s Fiscal Year 2016 Budget Request for the Academy, update Members on the Academy Advisory Board activities, and provide an overview of the 2013–14 Academic Year Report on Sexual Harassment and Sexual Assault. This meeting will also discuss the organization of the BOV for this Congress, including selecting a Chairperson if a quorum of members is present. 6. Public Access to the Meeting: Pursuant to the Federal Advisory Committee Act (5 U.S.C. 552b and 41 CFR 102–3.140 through 102–3.165) and the availability of space, this meeting is open to the public. Seating is on a firstcome basis. FOR FURTHER INFORMATION CONTACT: The BOV Designated Federal Officer or Point of Contact: Brian Blower and 202–266– 2765 or brian.blower@dot.gov. SUPPLEMENTARY INFORMATION: Any member of the public is permitted to file a written statement with the Academy BOV. Written statements should be sent to the Designated Federal Officer at: Brian Blower, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 or faxed to 202– 366–3890. Written statements must be received no later than five working days prior to the next meeting in order to provide time for member consideration. SUMMARY: PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 8133 By rule, no member of the public attending open meetings will be allowed to present questions from the floor or speak to any issue under consideration by the BOV. Authority: 46 U.S.C. 51312; 5 U.S.C. app. 552b; 41 CFR parts 102–3.140 through 102– 3.165. By Order of the Maritime Administrator. Dated: February 10, 2015. Christine S. Gurland, Acting Secretary, Maritime Administration. [FR Doc. 2015–03059 Filed 2–12–15; 8:45 am] BILLING CODE 4910–81–PS DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2014–0136; Notice No. 15–5] Hazardous Materials: Information Collection Activities Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requests (ICRs) discussed below will be forwarded to the Office of Management and Budget (OMB) for renewal and extension. These ICRs describe the nature of the information collections and their expected burdens. A Federal Register notice with a 60-day comment period soliciting comments on these ICRs was published in the Federal Register on November 24, 2014 [79 FR 69990] under Docket No. PHMSA– 2014–0136 (Notice No. 14–13). PHMSA did not receive any substantive comments in response to this November 24, 2014 notice. DATES: Interested persons are invited to submit comments on, or before March 16, 2015. ADDRESSES: Send comments regarding the burden estimate, including suggestions for reducing the burden, by mail to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for DOT–PHMSA, 725 17th Street NW., Washington, DC 20503, by fax, 202–395–5806, or by email, to OIRA_Submission@omb.eop.gov. Comments should refer to the information collection by title and/or OMB Control Number. SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Notices]
[Pages 8131-8133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02996]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]


Notice of Intent To Grant a Buy America Waiver to the Illinois 
Department of Transportation for the Use of Sure Close Self-Closing 
Force Adjustable Gate Hinges

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of intent to grant Buy America waiver.

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

SUMMARY: FRA is issuing this notice to advise the public that it 
intends to grant the Illinois Department of Transportation (IDOT) a 
waiver from FRA's Buy America requirement for the use of 350 Sure Close 
gate hinges, which are manufactured in Italy. Self-closing, force 
adjustable gate hinges are one component of the larger construction 
project to install pedestrian swing gates in connection with the 
Chicago-St. Louis High Speed Rail (HSR) corridor project. The Chicago-
St. Louis HSR

[[Page 8132]]

project is funded by a $1.33 billion grant from FRA. The value of the 
350 hinges is approximately $110,000.

DATES: Written comments on FRA's determination to grant IDOT's Buy 
America waiver request should be provided to the FRA on or before March 
2, 2015.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FRA-2012-0033. All 
electronic submissions must be made to the U.S. Government electronic 
site at https://www.regulations.gov. Commenters should follow the 
instructions below for mailed and hand-delivered comments.
    (1) Web site: https://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, Room W12-140, Washington, DC, 20590-0001; 
or
    (4) Hand Delivery: Room W12-140 on the first floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must make reference to the ``Federal 
Railroad Administration'' and include docket number FRA-2012-0033. Due 
to security procedures in effect since October 2001, 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 https://www.regulations.gov. For more 
information, you may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477), or visit 
https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor, 
FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 25, 
Washington, DC 20590, (202) 493-0078, John.Johnson@dot.gov.

SUPPLEMENTARY INFORMATION:
    The letter granting IDOT's request is quoted below:

Joseph E. Shacter, Director of Public and Intermodal Transportation, 
Illinois Department of Transportation, Division of Public and 
Intermodal Transportation, 100 West Randolph Street, Suite 6-600, 
Chicago, IL 60601

Re: Request for Waiver of Buy America Requirement for Sure Close Gate 
Hinges

    Dear Mr. Shacter: This letter is in response to your request dated 
September 25, 2014, that the Federal Railroad Administration (FRA) 
grant the Illinois Department of Transportation (IDOT), a waiver from 
FRA's Buy America provision, at 49 U.S.C. Sec.  24405(a)(1), for one 
component of the pedestrian swing gates. Your waiver request is for 350 
of 600 Sure Close gate hinges by D&D Technology needed for the project. 
Because the hinges are manufactured in Italy, IDOT would need a waiver 
from FRA's Buy America requirement. The FRA is granting IDOT's request 
for these initial 350 Sure Close gate hinges.
    The request is based on the Buy America provision (49 U.S.C. 
24405(a)) applicable to FRA's High-Speed Intercity Passenger Rail 
(HSIPR) Program $1.33 billion grant for the Chicago-St. Louis High 
Speed Rail (HSR) corridor. FRA's Buy America requirement for the 
manufactured goods used in rail infrastructure projects requires 
domestic manufacturing of the end product and that all of the 
components be manufactured in the United States. In this case, FRA 
determined the swing gate system to be an end product while the gate 
hinge is a component. The swing gate and all other components are 
manufactured in the United States. Section 24405(a)(2) also permits the 
Secretary (delegated to the FRA Administrator) to waive the Buy America 
requirements if the Secretary finds that: (A) Applying paragraph (1) 
would be inconsistent with the public interest; (B) the steel, iron, 
and goods manufactured in the United States are not produced in 
sufficient and reasonably available amount or are not of a satisfactory 
quality; (C) rolling stock or power train equipment cannot be bought or 
delivered to the United States within a reasonable time; or (D) 
including domestic material will increase the cost of the overall 
project by more than 25 percent.
    On December 12, 2013, IDOT submitted an initial Buy America waiver 
request for the Sure Close hinge to install all 600 of the required 
hinges along the entire Chicago St Louis HSR corridor. IDOT has made, 
and continues to make, extensive efforts to procure a domestic gate 
hinge for the pedestrian crossings. IDOT initially located a U.S. 
manufactured hinge; however, the Illinois Commerce Commission (ICC) 
tested the swing gate and found that the closure force was too strong, 
even when adjusted, and could cause pedestrian injury. IDOT and ICC 
then found the Sure Close hinge, which is self-closing, force 
adjustable and manufactured in Italy. It meets the ICC's safety and 
performance requirements and is the only non-domestic component of the 
swing gate. The hinges and attachment brackets cost about $315 each; 
the total cost for the required 600 hinges is approximately $190,000.
    To determine whether to grant IDOT's initial request, FRA provided 
notice and an opportunity for comment on its public Web site. FRA also 
emailed notice to over 6,000 persons who have signed up for Buy America 
notices. FRA received twelve comments to the Web site notice. Almost 
all of the commenters recommended denying the waiver; however, no 
commenter identified a supplier for the hinges. FRA also used the 
services of the National Institute of Standards and Technology's 
Manufacturing Extension Partnership (NIST-MEP) in order to scout for 
domestic sources for the hinges. NIST-MEP did not identify any exact 
matches. An ``exact match'' would mean a manufacturer already produces 
the same item immediately suitable for use in the project. NIST-MEP did 
identify twenty-seven manufacturers that may have the capabilities to 
produce the gate hinge needed for the project. However, only three of 
these twenty-seven manufacturers made a similar item that with some 
modification and testing may have been suitable for use in the project.
    IDOT worked with NIST-MEP to contact these three firms. IDOT 
identified one U.S. manufacturer that stated it had the capability to 
produce the type of adjustable hinge needed for the gate. IDOT has been 
working with that manufacturer; however, the manufacturer's efforts on 
IDOT's behalf have not yet yielded a hinge having the qualities needed 
for this project. In addition, once functional prototypes are delivered 
to IDOT, they will still need to be tested in adverse climates, 
including winter weather. Further delays in delivery could delay 
testing until winter 2015-16 and useable hinges are necessary to ensure 
that major segments of the HSR project are completed next year.
    To meet this schedule, on September 25, 2014, IDOT updated its 
initial Buy America request asking that 350 of the required 600 Sure 
Close hinges, costing approximately $110,000, be allowed for use in 
current and soon-to-be awarded

[[Page 8133]]

construction contracts. In this letter, IDOT asserts that if the 
manufacturer ``prototype is delivered in time to allow testing this 
winter, and the testing is successful, IDOT commits to using'' the 
domestically produced hinges for the remaining 250 pedestrian gate 
installations. If a functional prototype is not available for testing, 
IDOT may need to install the additional 250 hinges with the Sure Close 
hinge. IDOT continues to assert that use of a self-closing, force 
adjustable gate hinge such as the Sure Close Hinge is essential for 
maintaining safe pedestrian grade crossings and that a similar hinge 
remains unavailable from a U.S. source.
    After receiving the September 25, 2014 updated waiver request from 
IDOT, FRA again provided notice and an opportunity for comment on its 
public Web site, as well as by emailing the Buy America listserv. FRA 
received two comments. One commenter supported the waiver, while the 
other commenter did not support the waiver. Once again, no commenter 
identified a domestic supplier for the hinges.
    Based on NIST-MEP's scouting report, which did not identify a U.S. 
manufacturer that makes the same item, IDOT's inability at this time to 
locate a domestic gate hinge for pedestrian crossings meeting IDOT's 
safety and schedule needs, and the fact that the public did not 
identify a domestic source, FRA finds that gate hinges ``produced in 
the United States are not of a satisfactory quality.'' Therefore, FRA 
grants a waiver under 49 U.S.C. Sec.  24405(a)(2)(B) (goods of a 
satisfactory quality are not produced in the United States).
    Pursuant to 49 U.S.C. Sec.  24405(a)(4), FRA is publishing notice 
of its decision to grant IDOT's waiver request in the Federal Register 
and provide notice of such finding and an opportunity for public 
comment after which this waiver will become effective. FRA expects IDOT 
to continue to use its best efforts to work with the proposed domestic 
manufacturer and procure domestically-produced hinges for the remaining 
250 gate installations.
    Question about this letter can be directed to, John Johnson, 
Attorney-Advisor, at john.johnson@dot.gov or (202) 493-0078.

 Sincerely,

Sarah Feinberg
Acting Administrator


    Issued in Washington, DC on February 6, 2015.
Melissa L. Porter,
Chief Counsel.
[FR Doc. 2015-02996 Filed 2-12-15; 8:45 am]
BILLING CODE 4910-06-P

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