Notice of Intent to Grant a Buy America Waiver to the Long Island Rail Road for the Purchase of Seven U.S.-Made Turnouts Containing Four Non-Domestic Components, 29383-29384 [2015-12332]

Download as PDF Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices right of way for West Main Street. An additional 0.84 acres is proposed for right of way along West Main Street, and 1.55 acres is proposed for right of way along Airport Road. These portions of the subject parcel are currently vacant. It has been determined through study and master planning that the subject parcel will not be needed for aeronautical purposes. The proceeds of the sale will be used exclusively for developing, improving, operating, or maintaining the Lewistown Municipal Airport. DATES: Comments must be received on or before June 22, 2015. ADDRESSES: Send comments on this document to Mr. Steve Engebrecht at the Federal Aviation Administration, 2725 Skyway Drive, Suite 2, Helena, MT, 59601, Telephone 406–449–5271. FOR FURTHER INFORMATION CONTACT: Documents are available for review by appointment by contacting Mr. Steve Engebrecht, Telephone 406–449–5271 or by contacting Mr. Jason Garwood, Federal Aviation Administration, 2725 Skyway Drive, Suite 2, Helena, MT 59601, Telephone 406–449–5271. Issued in Helena, Montana, on May 15, 2015. David S. Stelling, Manager, Helena Airports District Office. [FR Doc. 2015–12373 Filed 5–20–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2012–0033] Notice of Intent to Grant a Buy America Waiver to the Long Island Rail Road for the Purchase of Seven U.S.-Made Turnouts Containing Four NonDomestic Components Federal Railroad Administration (FRA), United States 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 Long Island Rail Road (LIRR), a subsidiary of the Metropolitan Transportation Authority, a waiver from FRA’s Buy America requirement under 49 U.S.C. 24405(a)(2)(B) for the purchase of seven (7) turnouts manufactured by VAE Nortrak North America, Inc. at its plant in Birmingham, Alabama, for use in the LIRR North East Corridor Congestion Relief Project at Harold Interlocking. The turnouts will contain four tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:28 May 20, 2015 Jkt 235001 components (ZU1–60 steel left and right switch point rail sections and Schwihag roller assemblies and plates) not produced in the U.S. The roller assemblies and plates are manufactured in Switzerland, and the ZUl-60 steel switch point rail sections are manufactured in Austria. The foreign material comprises approximately 11.9 percent of the turnouts’ $3.1 million cost or approximately $367,000. FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the ZUI–60 steel switch point rail sections and roller assemblies and plates because domestically-produced components meeting the specific needs of LIRR are not currently ‘‘produced in sufficient and reasonably available amount or are not of a satisfactory quality.’’ DATES: Written comments on FRA’s determination to grant LIRR’s Buy America waiver request should be provided to the FRA on or before May 26, 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:// PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 29383 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. 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 LIRR’s request is quoted below: Mr. Carl Cipriano Manager-Procurement East Side Access Long Island Rail Road 90–27 Sutphin Boulevard 3 Floor, MC 0335 Jamaica, NY 11435 Re: Request for Waiver of Buy America Requirement Dear Mr. Cipriano: As you are aware, on August 21, 2014, the Long Island Rail Road (LIRR) requested a waiver from FRA’s Buy America requirement to purchase twenty-two (22) turnouts (Turnouts) manufactured by VAE Nortrak North America, Inc. (Nortrak) for use in the LIRR North East Corridor (NEC) Congestion Relief Project at Harold Interlocking (Harold Interlocking Project). In February 2015, LIRR withdrew its request for the full twenty-two (22) Turnouts and amended its request to only seven (7) Turnouts. Those 7 Turnouts will be manufactured by Nortrak at its plant in Birmingham, Alabama, but will contain four components (ZU1–60 steel left and right switch point rail sections and Schwihag roller assemblies and plates) that are not produced in the U.S. Instead, the roller assemblies and plates are manufactured in Switzerland and the ZUl-60 steel switch point rail sections are manufactured in Austria. The foreign material comprises approximately 11.9 percent of the Turnouts’ $3.1 million cost or approximately $367,000. LIRR amended its request because it determined that an alternative turnout design that Union Pacific railroad is using could potentially provide LIRR with a 100-percent FRA Buy America compliant turnout for future use at Harold Interlocking. However, LIRR asserts that an alternative design will require significant work before LIRR can integrate it into LIRR’s infrastructure, including use for Harold Interlocking. This work includes development of a new configuration; preparation of shop drawings; and preparation, review and FOR FURTHER INFORMATION CONTACT: E:\FR\FM\21MYN1.SGM 21MYN1 tkelley on DSK3SPTVN1PROD with NOTICES 29384 Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices approval of the new design. The new specification then must be provided to potential manufacturers who will need to perform additional engineering and fabrication so that the newly designed turnout can be adapted for use for the Harold Interlocking Project. FRA agrees with LIRR’s assertions. For the reasons set forth below, FRA is granting a waiver for the purchase of seven (7) Turnouts. FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the ZUI–60 steel switch point rail sections and roller assemblies and plates because domestically-produced components meeting the specific needs of LIRR for this application are not currently ‘‘produced in sufficient and reasonably available amount or are not of a satisfactory quality.’’ Both FRA and LIRR have conducted significant outreach to find 100-percent compliant turnouts. LIRR issued two competitive solicitations for the Turnouts and received no Buy America compliant bids. LIRR also conducted extensive market research utilizing a previous scouting report relating to turnout components from a previous FRA waiver for the same components. In conducting that research, LIRR contacted seven potential manufacturers. None produced the needed turnout components as designed. On September 19, 2014, FRA provided public notice of this waiver request and a 15-day opportunity for comment on its Web site. FRA also emailed notice to over 6,000 persons who have signed up for Buy America notices through ‘‘GovDelivery.’’ See https://www.fra.dot.gov/Page/P0719. FRA received no comments. Moreover, although a future design capable of using domestic components may be possible, FRA concludes that the seven (7) turnouts are not reasonably available because the time required to design, test, and competitively procure those turnouts would likely cause at least a one year delay in completing the overall project, preventing the Harold Interlocking Project from being completed by September 30, 2017 (the deadline for the expenditure of Federal funds awarded under the American Recovery and Reinvestment Act of 2009). Thus, FRA grants LIRR’s request for the initial seven (7) Turnouts. This waiver applies only to the ZUI– 60 steel switch point rail sections and Schwihag roller assemblies and plates as manufactured into the initial seven (7) Turnouts installed in the Harold Interlocking Project. We will not grant any future requests for waivers without a specific showing that a significant VerDate Sep<11>2014 20:28 May 20, 2015 Jkt 235001 good faith effort to obtain domestic sources for these components has taken place but failed. Pursuant to 49 U.S.C. 24405(a)(4), FRA will publish this letter granting LIRR’s request in the Federal Register and provide notice of such finding and an opportunity for public comment after which this waiver will become effective. Questions about this letter can be directed to, John Johnson, AttorneyAdvisor, at John.Johnson@dot.gov or (202) 493–0078. Sincerely, Sarah Feinberg, Acting Administrator. Melissa L. Porter, Chief Counsel. [FR Doc. 2015–12332 Filed 5–20–15; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number MARAD–2015–0051] Policy Announcement; Merchant Marine Awards and Flags Program Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: This notice serves to inform interested parties and the public of the Maritime Administration’s (MARAD) new policy for the issuance of Merchant Marine medals, decorations, citations, and the donation or loan of Merchant Marine flags. Consistent with Public Law 84–759, 46 CFR part 350, and upon analysis and review of established criteria, the Maritime Administration will issue certain awards, and/or donate or loan Merchant Marine flags, for the purpose of honoring the historic and or continuing contributions of Merchant Mariners to the United States. This policy updates MARAD procedures to implementing regulations 46 CFR part 350 by defining the role of the Merchant Marine Awards and Flags Committee, and articulating the criteria for awards and other official recognition. DATES: This policy is effective upon publication in the Federal Register. (See also Paperwork Reduction Act section.) ADDRESSES: The complete file for this policy is available for inspection with the Docket Clerk, Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12– 140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. SUMMARY: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 You may contact Bill Kurfehs, Office of Sealift Support, Maritime Administration, at (202) 366–2318. You may send mail to Mr. Kurfehs at Maritime Administration, 1200 New Jersey Avenue SE., MAR 630, Washington, DC 20590–0001. You may send electronic mail to Bill.Kurfehs@ dot.gov. If you have questions on viewing the Docket, call Cheryl Collins, Program Manager, Docket Operations, telephone: (800) 647–5527. FOR FURTHER INFORMATION CONTACT: The promotion of the United States Merchant Marine is a central mission of MARAD. The Merchant Marine Act of 1936 was enacted to promote a wellequipped and efficient merchant marine fleet owned and operated by United States citizens and supported by domestic shipbuilding and repair facilities.1 MARAD was specifically formed as a separate maritime promotional entity from the Federal Maritime Commission to ensure that maritime promotional and regulatory functions were handled by different Federal agencies.2 The Message of the President transmitting Plan 7 states that the ‘‘basic objective of the plan is to strengthen and revitalize the administration of our Federal programs concerned with the promotion and development of the U.S. Merchant Marine by concentrating responsibility in separate agencies for the performance of regulatory and promotional functions.’’ It is central to MARAD’s promotional mission to encourage citizens of the United States to join the United States Merchant Marine and to see that these individuals are trained to operate the vessels of the United States. To this end, MARAD operates the United States Merchant Marine Academy, supports and helps fund training at State Maritime Academies, provides certain property to support nonprofit and other maritime training institutions, and generally provides maritime training to citizens of the United States. Pursuant to 46 U.S.C. Chapter 519, authority also has been given to MARAD to provide Merchant Marine Awards. Such awards may be for individual acts or service in the Merchant Marine, for vessels and crews participating in outstanding or gallant action, certificates for civilian service, and for flags and grave markers. SUPPLEMENTARY INFORMATION: 1 American Trading Transportation Company, Inc. v. United States, 791 F.2d 942, 944 (D.C. Cir. 1986). 2 Reorganization Plan No. 7 of 1961, 75 Stat. 840 (August 12, 1961). E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29383-29384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12332]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]


Notice of Intent to Grant a Buy America Waiver to the Long Island 
Rail Road for the Purchase of Seven U.S.-Made Turnouts Containing Four 
Non-Domestic Components

AGENCY: Federal Railroad Administration (FRA), United States 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 Long Island Rail Road (LIRR), a subsidiary of the 
Metropolitan Transportation Authority, a waiver from FRA's Buy America 
requirement under 49 U.S.C. 24405(a)(2)(B) for the purchase of seven 
(7) turnouts manufactured by VAE Nortrak North America, Inc. at its 
plant in Birmingham, Alabama, for use in the LIRR North East Corridor 
Congestion Relief Project at Harold Interlocking. The turnouts will 
contain four components (ZU1-60 steel left and right switch point rail 
sections and Schwihag roller assemblies and plates) not produced in the 
U.S. The roller assemblies and plates are manufactured in Switzerland, 
and the ZUl-60 steel switch point rail sections are manufactured in 
Austria. The foreign material comprises approximately 11.9 percent of 
the turnouts' $3.1 million cost or approximately $367,000. FRA believes 
a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the ZUI-60 
steel switch point rail sections and roller assemblies and plates 
because domestically-produced components meeting the specific needs of 
LIRR are not currently ``produced in sufficient and reasonably 
available amount or are not of a satisfactory quality.''

DATES: Written comments on FRA's determination to grant LIRR's Buy 
America waiver request should be provided to the FRA on or before May 
26, 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 LIRR's request is quoted below:

Mr. Carl Cipriano
Manager-Procurement East Side Access
Long Island Rail Road
90-27 Sutphin Boulevard
3 Floor, MC 0335
Jamaica, NY 11435

Re: Request for Waiver of Buy America Requirement

Dear Mr. Cipriano:

As you are aware, on August 21, 2014, the Long Island Rail Road (LIRR) 
requested a waiver from FRA's Buy America requirement to purchase 
twenty-two (22) turnouts (Turnouts) manufactured by VAE Nortrak North 
America, Inc. (Nortrak) for use in the LIRR North East Corridor (NEC) 
Congestion Relief Project at Harold Interlocking (Harold Interlocking 
Project).
In February 2015, LIRR withdrew its request for the full twenty-two 
(22) Turnouts and amended its request to only seven (7) Turnouts. Those 
7 Turnouts will be manufactured by Nortrak at its plant in Birmingham, 
Alabama, but will contain four components (ZU1-60 steel left and right 
switch point rail sections and Schwihag roller assemblies and plates) 
that are not produced in the U.S. Instead, the roller assemblies and 
plates are manufactured in Switzerland and the ZUl-60 steel switch 
point rail sections are manufactured in Austria. The foreign material 
comprises approximately 11.9 percent of the Turnouts' $3.1 million cost 
or approximately $367,000.
    LIRR amended its request because it determined that an alternative 
turnout design that Union Pacific railroad is using could potentially 
provide LIRR with a 100-percent FRA Buy America compliant turnout for 
future use at Harold Interlocking. However, LIRR asserts that an 
alternative design will require significant work before LIRR can 
integrate it into LIRR's infrastructure, including use for Harold 
Interlocking. This work includes development of a new configuration; 
preparation of shop drawings; and preparation, review and

[[Page 29384]]

approval of the new design. The new specification then must be provided 
to potential manufacturers who will need to perform additional 
engineering and fabrication so that the newly designed turnout can be 
adapted for use for the Harold Interlocking Project. FRA agrees with 
LIRR's assertions. For the reasons set forth below, FRA is granting a 
waiver for the purchase of seven (7) Turnouts.
    FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) 
for the ZUI-60 steel switch point rail sections and roller assemblies 
and plates because domestically-produced components meeting the 
specific needs of LIRR for this application are not currently 
``produced in sufficient and reasonably available amount or are not of 
a satisfactory quality.'' Both FRA and LIRR have conducted significant 
outreach to find 100-percent compliant turnouts. LIRR issued two 
competitive solicitations for the Turnouts and received no Buy America 
compliant bids. LIRR also conducted extensive market research utilizing 
a previous scouting report relating to turnout components from a 
previous FRA waiver for the same components. In conducting that 
research, LIRR contacted seven potential manufacturers. None produced 
the needed turnout components as designed.
    On September 19, 2014, FRA provided public notice of this waiver 
request and a 15-day opportunity for comment on its Web site. FRA also 
emailed notice to over 6,000 persons who have signed up for Buy America 
notices through ``GovDelivery.'' See https://www.fra.dot.gov/Page/P0719. 
FRA received no comments.
    Moreover, although a future design capable of using domestic 
components may be possible, FRA concludes that the seven (7) turnouts 
are not reasonably available because the time required to design, test, 
and competitively procure those turnouts would likely cause at least a 
one year delay in completing the overall project, preventing the Harold 
Interlocking Project from being completed by September 30, 2017 (the 
deadline for the expenditure of Federal funds awarded under the 
American Recovery and Reinvestment Act of 2009). Thus, FRA grants 
LIRR's request for the initial seven (7) Turnouts.
    This waiver applies only to the ZUI-60 steel switch point rail 
sections and Schwihag roller assemblies and plates as manufactured into 
the initial seven (7) Turnouts installed in the Harold Interlocking 
Project. We will not grant any future requests for waivers without a 
specific showing that a significant good faith effort to obtain 
domestic sources for these components has taken place but failed.
    Pursuant to 49 U.S.C. 24405(a)(4), FRA will publish this letter 
granting LIRR's request in the Federal Register and provide notice of 
such finding and an opportunity for public comment after which this 
waiver will become effective.
    Questions 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.

Melissa L. Porter,
Chief Counsel.
[FR Doc. 2015-12332 Filed 5-20-15; 8:45 am]
BILLING CODE 4910-06-P
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