Notice of Proposed Buy America Waiver for a Variable Refrigerant Flow HVAC System, 43553-43554 [2015-17910]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices will be considered to the extent practicable. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FTA–2015–0011: 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, 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–2015–0011. 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 https:// 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 https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Richard Wong, FTA Attorney-Advisor, at (202) 366–0675 or Richard.Wong@ dot.gov. SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide notice and seek comment on whether the FTA should grant a non-availability waiver for Mountain Village’s procurement of certain replacement gondola components for its public transportation gondola system. With certain exceptions, FTA’s Buy America requirements prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless ‘‘the steel, iron, and manufactured goods used in the project are produced in the United States.’’ 49 U.S.C. 5323(j)(1). A manufactured product is considered produced in the United States if: (1) all of the VerDate Sep<11>2014 19:59 Jul 21, 2015 Jkt 235001 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. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that ‘‘the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality,’’ then FTA may issue a waiver (non-availability waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). The Town of Mountain Village provides free public transportation via gondola (also known as a tramway) between Mountain Village and the Town of Telluride. The gondola operates continuous fixed route service 17 hours per day, 7 days per week, 280 or more days per year, serving over 2,000,000 passengers per year. According to Mountain Village, the existing low-speed conveyor components (bearings, pulleys, tires and other related components) and gondola grip components (coil springs, movable jaws, fixed jaws, bearings, bolts, bushings, wheels and other related components) are nearing the end of their useful service lives and are showing signs of wear and fatigue. Without periodic capital equipment replacement/rebuild, the likelihood of mechanical downtime increases significantly, equating to prolonged service outages for commuters. Mountain Village also needs to refurbish the 59 gondola cabins due to wear and tear. Mountain Village intends to replace these gondola components over several phases during the coming years. Specifically, procurement of the lowspeed conveyor components and the grips will be procured in two phases, one in 2015 and one in 2016; parts for the cabin refurbishment are anticipated to be procured over a six-year period. Any non-availability waiver granted would be effective for all phases of these projects, but would expire upon completion of these projects. Mountain Village asserts that there are no companies that manufacture these gondola components in the United States and that each of the gondola components to be procured is only available from a single source, the original equipment manufacturers. The Colorado Passenger Tramway Safety Board (CPTSB) has agreed and concluded that, because gondolas are specialized and the market limited, there are no aftermarket manufacturers for these gondola components. CPTSB has concluded that, for these parts, there PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 43553 are no alternatives to the original equipment manufacturers, Dopplemayer and CWA, which do not manufacture the components in the United States. Although there is a new U.S. manufacturer for tramways in the United States, it does not produce detachable tramways like the one used by Mountain Village. In addition, parts for the remainder of the tramway are of a different design and cannot be used in other gondola systems. The purpose of this notice is to publish the Colorado Department of Transportation request, made on behalf of Mountain Village, and seek public comment from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely the facts surrounding the request, including the effects of a potential waiver and the merits of the request. A full copy of the request has been placed in docket number FTA– 2015–0011. Dana C. Nifosi, Deputy Chief Counsel. [FR Doc. 2015–17909 Filed 7–21–15; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2015–0010] Notice of Proposed Buy America Waiver for a Variable Refrigerant Flow HVAC System AGENCY: Federal Transit Administration, DOT. Notice of proposed Buy America waiver and request for comment. ACTION: The Federal Transit Administration (FTA) received a request for a waiver to permit the purchase of a Variable Refrigerant Flow (VRF) HVAC system that is non-compliant with Buy America requirements using FTA funding. The request is from the City of Kansas City, Missouri (Kansas City) for its Vehicle Maintenance Facility (VMF) associated with the Kansas City Downtown Streetcar Project. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would apply only to the FTA-funded procurement of a VRF HVAC system by Kansas City. DATES: Comments must be received by August 5, 2015. Late-filed comments will be considered to the extent practicable. SUMMARY: E:\FR\FM\22JYN1.SGM 22JYN1 43554 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices Please submit your comments by one of the following means, identifying your submissions by docket number FTA–2014–0021: 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, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. 4. Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M–30, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must make reference to the ‘‘Federal Transit Administration’’ and include docket number FTA–2014–0021. Due to the security procedures in effect since October 2011, mail received through the U.S. Postal Service may be subject to delays. Parties making submissions responsive to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to https:// 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 https://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 grant a non-availability waiver for the Kansas City procurement of a VRF HVAC system for its VMF associated with the Kansas City Downtown Streetcar Project, using FTA grant funding. With certain exceptions, FTA’s Buy America requirements prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless ‘‘the steel, iron, and manufactured goods used in the project are produced in the United States.’’ 49 U.S.C. 5323(j)(1). A manufactured product is considered produced in the United States if: (1) All of the manufacturing processes for the product must take place in the United States; and (2) all of the components of the tkelley on DSK3SPTVN1PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 19:59 Jul 21, 2015 Jkt 235001 product must be of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that ‘‘the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality,’’ then FTA may issue a waiver (non-availability waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). Kansas City is requesting a nonavailability waiver for its procurement of a VRF HVAC system that will be installed in a VMF in Kansas City, Missouri, that will service its street cars. This facility is being built to U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards and will incorporate a number of sustainable and energy efficient elements. One of those elements is a VRF HVAC system that, among other things, is space saving, has invertor technology, efficiency, and a non-ozone depleting refrigerant that domestic manufacturers of HVAC systems do not provide. According to Kansas City, its contractor was directed to evaluate the substitution of a Buy America-compliant Variable Air Volume (VAV) system, but the contractor advised Kansas City that the VAV system would endanger the project’s LEED Gold certification because of the difference in efficiency between the VAV and VRF HVAC systems. In addition, the substitution of a VAV system would require significant changes to the project, such as the alteration of already-erected structural elements that were designed to accommodate a VRF system and additional design changes and plan reviews by Kansas City. Kansas City points to two recent nonavailability waivers FTA issued to the San Bernardino Associated Governments (79 FR 61129, October 9, 2014) and Rock Island County Metropolitan Mass Transit District for a similar VRF system (79 FR 34653, June 17, 2014), as well as to a blanket nonavailability waiver issued by the U.S. Department of Energy (DOE) in 2010 for VRF HVAC systems procured with American Reinvestment and Recovery Act funding (75 FR 35447, June 22, 2010). According to Kansas City, the U.S. DOE’s determination of nonavailability and FTA’s recent waivers, as well as their own contractor’s research, indicate that this product is not manufactured domestically. Finally, FTA, in collaboration with the National Institute of Standards and Technology’s Hollings Manufacturing Extension PO 00000 Frm 00169 Fmt 4703 Sfmt 4703 Partnership, conducted a nationwide search to determine if any company currently manufactures a compatible VRF system that complies with BuyAmerica. The search revealed that no company currently can provide a BuyAmerica compliant VRF system that meets Kansas City’s specifications. The purpose of this notice is to publish Kansas City’s request and to seek public comment from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely the facts surrounding the request, including the effects of a potential waiver and the merits of the request. A full copy of the request has been placed in docket number FTA–2015–0010. Dana Nifosi, Acting Chief Counsel. [FR Doc. 2015–17910 Filed 7–21–15; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Docket Number: NHTSA–2012–0029. Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice and request for comment on renewal of a previously approved information collection. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comment. A Federal Register Notice with a 60-day comment period soliciting comments on this information collection was published on April 20, 2015 (80 FR 21796). DATES: Comments must be submitted on or before August 21, 2015. FOR FURTHER INFORMATION CONTACT: Michael Pyne, Office of Crash Avoidance Standards (NVS–123), National Highway Traffic Safety Administration, W43–457, 1200 New Jersey Avenue SE., Washington, DC 20590. Mr. Pyne can be reached at (202) 366–4171. SUPPLEMENTARY INFORMATION: Title: 49 CFR 571.403, Platform lift systems for motor vehicles and 49 CFR 571.404, Platform lift installations in motor vehicles. SUMMARY: E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Notices]
[Pages 43553-43554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17910]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2015-0010]


Notice of Proposed Buy America Waiver for a Variable Refrigerant 
Flow HVAC System

AGENCY: Federal Transit Administration, DOT.

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

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

SUMMARY: The Federal Transit Administration (FTA) received a request 
for a waiver to permit the purchase of a Variable Refrigerant Flow 
(VRF) HVAC system that is non-compliant with Buy America requirements 
using FTA funding. The request is from the City of Kansas City, 
Missouri (Kansas City) for its Vehicle Maintenance Facility (VMF) 
associated with the Kansas City Downtown Streetcar Project. In 
accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the 
waiver request and seeks public comment before deciding whether to 
grant the request. If granted, the waiver would apply only to the FTA-
funded procurement of a VRF HVAC system by Kansas City.

DATES: Comments must be received by August 5, 2015. Late-filed comments 
will be considered to the extent practicable.

[[Page 43554]]


ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FTA-2014-0021:
    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, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
    4. Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must make reference to the ``Federal 
Transit Administration'' and include docket number FTA-2014-0021. Due 
to the security procedures in effect since October 2011, mail received 
through the U.S. Postal Service may be subject to delays. Parties 
making submissions responsive to this notice should consider using an 
express mail firm to ensure the prompt filing of any submissions not 
filed electronically or by hand. Note that all submissions received, 
including any personal information therein, will be posted without 
change or alteration to https://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 https://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 grant 
a non-availability waiver for the Kansas City procurement of a VRF HVAC 
system for its VMF associated with the Kansas City Downtown Streetcar 
Project, using FTA grant funding.
    With certain exceptions, FTA's Buy America requirements prevent FTA 
from obligating an amount that may be appropriated to carry out its 
program for a project unless ``the steel, iron, and manufactured goods 
used in the project are produced in the United States.'' 49 U.S.C. 
5323(j)(1). A manufactured product is considered produced in the United 
States if: (1) All of the manufacturing processes for the product must 
take place in the United States; and (2) all of the components of the 
product must be of U.S. origin. A component is considered of U.S. 
origin if it is manufactured in the United States, regardless of the 
origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA 
determines that ``the steel, iron, and goods produced in the United 
States are not produced in a sufficient and reasonably available amount 
or are not of a satisfactory quality,'' then FTA may issue a waiver 
(non-availability waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c).
    Kansas City is requesting a non-availability waiver for its 
procurement of a VRF HVAC system that will be installed in a VMF in 
Kansas City, Missouri, that will service its street cars. This facility 
is being built to U.S. Green Building Council (USGBC) Leadership in 
Energy and Environmental Design (LEED) standards and will incorporate a 
number of sustainable and energy efficient elements. One of those 
elements is a VRF HVAC system that, among other things, is space 
saving, has invertor technology, efficiency, and a non-ozone depleting 
refrigerant that domestic manufacturers of HVAC systems do not provide. 
According to Kansas City, its contractor was directed to evaluate the 
substitution of a Buy America-compliant Variable Air Volume (VAV) 
system, but the contractor advised Kansas City that the VAV system 
would endanger the project's LEED Gold certification because of the 
difference in efficiency between the VAV and VRF HVAC systems. In 
addition, the substitution of a VAV system would require significant 
changes to the project, such as the alteration of already-erected 
structural elements that were designed to accommodate a VRF system and 
additional design changes and plan reviews by Kansas City.
    Kansas City points to two recent non-availability waivers FTA 
issued to the San Bernardino Associated Governments (79 FR 61129, 
October 9, 2014) and Rock Island County Metropolitan Mass Transit 
District for a similar VRF system (79 FR 34653, June 17, 2014), as well 
as to a blanket non-availability waiver issued by the U.S. Department 
of Energy (DOE) in 2010 for VRF HVAC systems procured with American 
Reinvestment and Recovery Act funding (75 FR 35447, June 22, 2010). 
According to Kansas City, the U.S. DOE's determination of non-
availability and FTA's recent waivers, as well as their own 
contractor's research, indicate that this product is not manufactured 
domestically. Finally, FTA, in collaboration with the National 
Institute of Standards and Technology's Hollings Manufacturing 
Extension Partnership, conducted a nationwide search to determine if 
any company currently manufactures a compatible VRF system that 
complies with Buy-America. The search revealed that no company 
currently can provide a Buy-America compliant VRF system that meets 
Kansas City's specifications.
    The purpose of this notice is to publish Kansas City's request and 
to seek public comment from all interested parties in accordance with 
49 U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely 
the facts surrounding the request, including the effects of a potential 
waiver and the merits of the request. A full copy of the request has 
been placed in docket number FTA-2015-0010.

Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2015-17910 Filed 7-21-15; 8:45 am]
BILLING CODE P

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