Notice of Intent To Grant a Buy America Waiver to the City of Sacramento, California, Department of Public Works, for the Purchase of a Variable Refrigerant Flow Heating, Ventilation, and Air Conditioning System, 34783-34784 [2015-14887]

Download as PDF Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Keira Jones (202) 267–4025, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on June 11, 2015. Brenda D. Courtney, Acting Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2015–0695. Petitioner: Major Daniel K. Florence. Section(s) of 14 CFR Affected: § 61.159 (a)(5). Description of Relief Sought: Major Daniel K. Florence requests relief from § 61.159 (a)(5) to allow 105.9 hours of his powered-lift aircraft flight time to be credited toward the 250 hours of flight time in an airplane as a pilot in command, or as second in command performing the duties of pilot in command while under the supervision of a pilot in command, required for an Airline Transport Pilot certificate. [FR Doc. 2015–14915 Filed 6–16–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2015–0051] asabaliauskas on DSK5VPTVN1PROD with NOTICES Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System In accordance with part 235 of title 49 of the Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this provides the public notice that by a document dated May 12, 2015, the Union Pacific Railroad Company (UP) petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of a signal system. FRA assigned the petition Docket Number FRA–2015–0051. Applicant: Union Pacific Railroad Company, Mr. Neal Hathaway, AVP Engineering—Signals, 1400 Douglas Street, MS 0910, Omaha, NE 68179. The UP seeks approval of the modification of the Traffic Control System at control points (CP) B000, milepost (MP) 0.6 and CP B001, MP 0.9, on the Omaha Subdivision, at Council Bluffs, IA. The modification will involve the relocation of most signals and the elimination of signals which are VerDate Sep<11>2014 18:47 Jun 16, 2015 Jkt 235001 no longer needed. The reason for the modification is to facilitate yard operations and expedite train movements in the area. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U. S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. DOT, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by August 3, 2015 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. See also https:// www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov. PO 00000 Frm 00178 Fmt 4703 Sfmt 4703 34783 Issued in Washington, DC on June 11, 2015. Ron Hynes, Director, Office of Technical Oversight. [FR Doc. 2015–14896 Filed 6–16–15; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2012–0033 Notice of Intent To Grant a Buy America Waiver to the City of Sacramento, California, Department of Public Works, for the Purchase of a Variable Refrigerant Flow Heating, Ventilation, and Air Conditioning System 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 City of Sacramento, California, Department of Public Works (Sacramento), a waiver from FRA’s Buy America requirement under 49 U.S.C. 24405(a)(2)(B) for the purchase of a variable refrigerant flow (VRF) heating, ventilation, and air conditioning system for use in the Sacramento Valley Station Phase II intermodal project. The $30 million project is partially funded with a $15 million 2012 Transportation Infrastructure Generating Economic Recovery grant. The cost of the nondomestic material in the VRF system is approximately $202,500. FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the VRF system because VRF systems are not currently produced in the U.S. DATES: Written comments on FRA’s determination to grant Sacramento’s Buy America waiver request should be provided to the FRA on or before June 22, 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; SUMMARY: E:\FR\FM\17JNN1.SGM 17JNN1 34784 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES (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 Sacramento’s request is quoted below: Mr. Gregory Taylor AIA, Supervising Architect/Project Manager City of Sacramento, Department of Public Works 915 I Street Room 2000 Sacramento, CA 95814–2604. Re: Request for Waiver of Buy America Requirement Dear Mr. Taylor: As you are aware, on November 24, 2014, the City of Sacramento, California, Department of Public Works (Sacramento) requested a waiver from the Federal Railroad Administration’s (FRA) Buy America requirement (49 U.S.C. 24405(a)) to purchase a variable refrigerant flow (VRF) heating, ventilation, and air conditioning (HVAC) system for use in the Sacramento Valley Station (SVS) Phase II intermodal project.1 The SVS Phase II intermodal project is the rehabilitation of the historic 68,000 square 1 Sacramento also requested a waiver for Marmoleum flooring. However, FRA has chosen to bifurcate the waiver requests since the VRF waiver is more advanced in terms of processing and in urgent need by Sacramento. FRA is still deciding whether a waiver for the flooring is warranted. VerDate Sep<11>2014 18:47 Jun 16, 2015 Jkt 235001 foot train station in downtown Sacramento, California. The $30 million project is partially funded with a $15 million 2012 Transportation Infrastructure Generating Economic Recovery (TIGER) grant. The U.S. Department of Transportation (DOT) selected each project for 2012 TIGER Grant funding based on whether it would, among other things, promote a more environmentally sustainable transportation system. 77 FR 4863, 4867 (January 31, 2012). After rehabilitation, the SVS will include Amtrak station facilities, commercial retail and office space. FRA is granting Sacramento’s waiver request. FRA concludes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the VRF system because domesticallyproduced HVAC systems meeting the specific needs of Sacramento for this application (i.e., energy efficiency and historic preservation) are not currently ‘‘produced in sufficient and reasonably available amount or are not of a satisfactory quality.’’ 49 U.S.C. 24405(a)(2)(B). With respect to historic building preservation and energy efficiency, FRA concludes that the VRF system is the only choice for the rehabilitation of the SVS for the following reasons: • The VRF system has small distribution pipes instead of larger ductwork that would create problematic penetrations in the existing older structures. • The VRF system has smaller equipment in the conditioned allowable space. • The VRF system does not require heavy, large air handling units that would overburden an historic building’s capacity. • The VRF system has zone-to-zone heat recovery and high efficiency heating and cooling. In addition to concluding that VRF is the only system meeting the project’s needs, FRA also conducted due diligence with regard to determining the availability of domestic manufacturers of the VRF system. FRA concludes that no company manufactures VRF systems domestically. FRA bases this determination on the following facts: • In 2010, the U.S. Department of Energy (DOE) issued a blanket non-availability waiver for VRF HVAC systems procured with American Reinvestment and Recovery Act funding. See 75 FR 35447, June 22, 2010. • In 2014, the Federal Transit Administration (FTA) granted two nonavailability waivers for VRF systems. See St. Louis’ MetroLink, 79 FR 34653, June 17, 2014, and San Bernardino Associated Governments, 79 FR 61129, October 9, 2014. FTA is currently reviewing another non-availability waiver for a VRF system. • On December 9, 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 one comment. The commenter supported granting the waiver and stated, ‘‘The efficiency of the VRF system cannot be matched by other types of conventional systems.’’ PO 00000 Frm 00179 Fmt 4703 Sfmt 4703 • In February 2015, FTA engaged National Institute of Standards and Technology’s Hollings Manufacturing Extension Partnership (NIST–MEP) to scout for Buy America-compliant VRF systems. NIST– MEP did not locate any domestic VRF systems. In fact, Carrier Corporation responded to NIST–MEP’s scouting efforts, stating ‘‘VRF system is a new technology . . . there are no current domestic manufacturers of VRF systems.’’ Pursuant to 49 U.S.C. 24405(a)(4), FRA will publish this letter granting Sacramento’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. 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 Melissa L. Porter, Chief Counsel. [FR Doc. 2015–14887 Filed 6–16–15; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2015–0045] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 of the Code of Federal Regulations (CFR), this provides the public notice that by a document dated May 4, 2015, Canadian Pacific Railway, Ltd. (CPR) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 232, Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment. Specifically, CPR requests relief from 49 CFR 232.305(b)(2), which requires that a single car air brake test (SCABT) be performed when a car is on a shop or repair track, as defined in section 232.303(a), for any reason and has not received a SCABT within the previous 12-month period. FRA assigned the petition docket number FRA–2015–0045. In its petition, CPR requests relief allowing for replacements of wheels condemnable by all applicable Association of American Railroads (AAR) Field Manual Rule 41 defects at Battle Creek Yard, St. Paul, MN, on a track designated for minor repairs using a drop table. CPR identifies these defects either by the Wheel Impact Load Detector (WILD) or visually by a qualified inspector designated under 49 CFR 215.11 and verified by that E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34783-34784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14887]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033


Notice of Intent To Grant a Buy America Waiver to the City of 
Sacramento, California, Department of Public Works, for the Purchase of 
a Variable Refrigerant Flow Heating, Ventilation, and Air Conditioning 
System

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 City of Sacramento, California, Department of 
Public Works (Sacramento), a waiver from FRA's Buy America requirement 
under 49 U.S.C. 24405(a)(2)(B) for the purchase of a variable 
refrigerant flow (VRF) heating, ventilation, and air conditioning 
system for use in the Sacramento Valley Station Phase II intermodal 
project. The $30 million project is partially funded with a $15 million 
2012 Transportation Infrastructure Generating Economic Recovery grant. 
The cost of the non-domestic material in the VRF system is 
approximately $202,500. FRA believes a waiver is appropriate under 49 
U.S.C. 24405(a)(2)(B) for the VRF system because VRF systems are not 
currently produced in the U.S.

DATES: Written comments on FRA's determination to grant Sacramento's 
Buy America waiver request should be provided to the FRA on or before 
June 22, 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;

[[Page 34784]]

    (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 Sacramento's request is quoted below:

Mr. Gregory Taylor
AIA, Supervising Architect/Project Manager
City of Sacramento, Department of Public Works
915 I Street
Room 2000
Sacramento, CA 95814-2604.

Re: Request for Waiver of Buy America Requirement

Dear Mr. Taylor:
    As you are aware, on November 24, 2014, the City of Sacramento, 
California, Department of Public Works (Sacramento) requested a 
waiver from the Federal Railroad Administration's (FRA) Buy America 
requirement (49 U.S.C. 24405(a)) to purchase a variable refrigerant 
flow (VRF) heating, ventilation, and air conditioning (HVAC) system 
for use in the Sacramento Valley Station (SVS) Phase II intermodal 
project.\1\
---------------------------------------------------------------------------

    \1\ Sacramento also requested a waiver for Marmoleum flooring. 
However, FRA has chosen to bifurcate the waiver requests since the 
VRF waiver is more advanced in terms of processing and in urgent 
need by Sacramento. FRA is still deciding whether a waiver for the 
flooring is warranted.
---------------------------------------------------------------------------

    The SVS Phase II intermodal project is the rehabilitation of the 
historic 68,000 square foot train station in downtown Sacramento, 
California. The $30 million project is partially funded with a $15 
million 2012 Transportation Infrastructure Generating Economic 
Recovery (TIGER) grant. The U.S. Department of Transportation (DOT) 
selected each project for 2012 TIGER Grant funding based on whether 
it would, among other things, promote a more environmentally 
sustainable transportation system. 77 FR 4863, 4867 (January 31, 
2012). After rehabilitation, the SVS will include Amtrak station 
facilities, commercial retail and office space.
    FRA is granting Sacramento's waiver request. FRA concludes a 
waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the VRF 
system because domestically-produced HVAC systems meeting the 
specific needs of Sacramento for this application (i.e., energy 
efficiency and historic preservation) are not currently ``produced 
in sufficient and reasonably available amount or are not of a 
satisfactory quality.'' 49 U.S.C. 24405(a)(2)(B).
    With respect to historic building preservation and energy 
efficiency, FRA concludes that the VRF system is the only choice for 
the rehabilitation of the SVS for the following reasons:

 The VRF system has small distribution pipes instead of 
larger ductwork that would create problematic penetrations in the 
existing older structures.
 The VRF system has smaller equipment in the conditioned 
allowable space.
 The VRF system does not require heavy, large air handling 
units that would overburden an historic building's capacity.
 The VRF system has zone-to-zone heat recovery and high 
efficiency heating and cooling.

In addition to concluding that VRF is the only system meeting the 
project's needs, FRA also conducted due diligence with regard to 
determining the availability of domestic manufacturers of the VRF 
system. FRA concludes that no company manufactures VRF systems 
domestically. FRA bases this determination on the following facts:

 In 2010, the U.S. Department of Energy (DOE) issued a 
blanket non-availability waiver for VRF HVAC systems procured with 
American Reinvestment and Recovery Act funding. See 75 FR 35447, 
June 22, 2010.
 In 2014, the Federal Transit Administration (FTA) granted 
two non-availability waivers for VRF systems. See St. Louis' 
MetroLink, 79 FR 34653, June 17, 2014, and San Bernardino Associated 
Governments, 79 FR 61129, October 9, 2014. FTA is currently 
reviewing another non-availability waiver for a VRF system.
 On December 9, 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 one comment. The commenter 
supported granting the waiver and stated, ``The efficiency of the 
VRF system cannot be matched by other types of conventional 
systems.''
 In February 2015, FTA engaged National Institute of 
Standards and Technology's Hollings Manufacturing Extension 
Partnership (NIST-MEP) to scout for Buy America-compliant VRF 
systems. NIST-MEP did not locate any domestic VRF systems. In fact, 
Carrier Corporation responded to NIST-MEP's scouting efforts, 
stating ``VRF system is a new technology . . . there are no current 
domestic manufacturers of VRF systems.''

Pursuant to 49 U.S.C. 24405(a)(4), FRA will publish this letter 
granting Sacramento'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.
    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


Melissa L. Porter,
Chief Counsel.
[FR Doc. 2015-14887 Filed 6-16-15; 8:45 am]
 BILLING CODE 4910-06-P
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