Notice of Buy America Waiver for a Variable Refrigerant Flow HVAC System, 48954 [2015-19967]
Download as PDF
<![CDATA[
48954
Federal Register / Vol. 80, No. 157 / Friday, August 14, 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:
Thuy H. Cooper (202) 267–4715 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 August 7,
2015.
Lirio Liu,
Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA–2015–3257.
Petitioner: Lockheed Martin
Corporation.
Section(s) of 14 CFR Affected: 91.121.
Description of Relief Sought: The
petitioner seeks an exemption to operate
its small unmanned aircraft system less
than 1,000 feet above ground level.
[FR Doc. 2015–20168 Filed 8–13–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2015–0010]
Notice of Buy America Waiver for a
Variable Refrigerant Flow HVAC
System
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of Buy America waiver.
In response to the City of
Kansas City, Missouri’s request for a
Buy America waiver for a Variable
Refrigerant Flow (VRF) HVAC system,
the Federal Transit Administration
(FTA) hereby waives its Buy America
requirements for the VRF HVAC system
to be installed at the Vehicle
Maintenance Facility (VMF) associated
with the Kansas City Downtown
Streetcar Project. This waiver is limited
to a single procurement for the VRF
HVAC system for the VMF, an FTAfunded project.
DATES: This waiver is effective
immediately.
FOR FURTHER INFORMATION CONTACT:
Richard L. Wong, FTA AttorneyAdvisor, at (202) 366–4011 or
richard.wong@dot.gov.
SUPPLEMENTARY INFORMATION: The
purpose of this notice is to announce
that FTA has granted a Buy America
non-availability waiver for Kansas City’s
procurement of a VRF HVAC system for
the VMF.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:50 Aug 13, 2015
Jkt 235001
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
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 nonavailability waiver. 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c).
Kansas City requested a nonavailability waiver for a VRF HVAC
system that will be installed into the
VMF. The VMF is being built to the U.S.
Green Building Council’s 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 it 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 alreadyerected structural elements that were
designed to accommodate a VRF system
and additional design changes and plan
reviews by the City of Kansas City.
Kansas City points to two recent nonavailability waivers FTA issued to San
Bernardino Associated Governments (79
FR 61129, October 9, 2014) and Rock
Island County Metropolitan Mass
Transit District (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,
PO 00000
Frm 00151
Fmt 4703
Sfmt 4703
2010). According to Kansas City, the
U.S. DOE’s determination of nonavailability and FTA’s recent SANBAG
and Rock Island waivers, as well as
Kansas City’s 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 BuyAmerica. The search revealed that no
company currently can provide a BuyAmerica compliant VRF system that
meets Kansas City’s specifications.
On Wednesday, July 22, 2015, and in
accordance with 49 U.S.C. 5323(j)(3)(A),
FTA published a notice in the Federal
Register requesting public comment on,
among other topics, the merits of Kansas
City’s waiver request and potential
effects of granting the waiver. The
public comment period closed on
August 5, 2015. No comments were
received.
Based on Kansas City’s assertions that
it is unable to procure a U.S.manufactured VRF HVAC system,
which is critical to obtaining LEED Gold
certification, and the fact that no public
comments were received, FTA hereby
waives its Buy America requirement for
manufactured products under 49 CFR
661.5(d) for the VRF HVAC system. This
waiver is limited to a single
procurement for the VRF HVAC system
for Kansas City’s VMF project.
Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2015–19967 Filed 8–13–15; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Pilot Program for Expedited Project
Delivery
AGENCY:
Federal Transit Administration,
DOT.
Notice: Extension of application
deadline
ACTION:
Pursuant to Section 20008 of
the Moving Ahead for Progress in the
21st Century Act (MAP–21), Public Law
112–141, FTA published a Notice for
Expressions of Interest (EI) for proposals
for the Pilot Program for Expedited
Project Delivery on July 7, 2015. Due to
a technical issue with the electronic
mail address that has been resolved,
FTA is extending the application
SUMMARY:
E:\FR\FM\14AUN1.SGM
14AUN1
]]>Agencies
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Page 48954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19967]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2015-0010]
Notice of Buy America Waiver for a Variable Refrigerant Flow HVAC
System
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Buy America waiver.
-----------------------------------------------------------------------
SUMMARY: In response to the City of Kansas City, Missouri's request for
a Buy America waiver for a Variable Refrigerant Flow (VRF) HVAC system,
the Federal Transit Administration (FTA) hereby waives its Buy America
requirements for the VRF HVAC system to be installed at the Vehicle
Maintenance Facility (VMF) associated with the Kansas City Downtown
Streetcar Project. This waiver is limited to a single procurement for
the VRF HVAC system for the VMF, an FTA-funded project.
DATES: This waiver is effective immediately.
FOR FURTHER INFORMATION CONTACT: Richard L. Wong, FTA Attorney-Advisor,
at (202) 366-4011 or richard.wong@dot.gov.
SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce
that FTA has granted a Buy America non-availability waiver for Kansas
City's procurement of a VRF HVAC system for the VMF.
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 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 non-availability waiver.
49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c).
Kansas City requested a non-availability waiver for a VRF HVAC
system that will be installed into the VMF. The VMF is being built to
the U.S. Green Building Council's 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 it 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 the City of Kansas City.
Kansas City points to two recent non-availability waivers FTA
issued to San Bernardino Associated Governments (79 FR 61129, October
9, 2014) and Rock Island County Metropolitan Mass Transit District (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 SANBAG
and Rock Island waivers, as well as Kansas City's 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.
On Wednesday, July 22, 2015, and in accordance with 49 U.S.C.
5323(j)(3)(A), FTA published a notice in the Federal Register
requesting public comment on, among other topics, the merits of Kansas
City's waiver request and potential effects of granting the waiver. The
public comment period closed on August 5, 2015. No comments were
received.
Based on Kansas City's assertions that it is unable to procure a
U.S.-manufactured VRF HVAC system, which is critical to obtaining LEED
Gold certification, and the fact that no public comments were received,
FTA hereby waives its Buy America requirement for manufactured products
under 49 CFR 661.5(d) for the VRF HVAC system. This waiver is limited
to a single procurement for the VRF HVAC system for Kansas City's VMF
project.
Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2015-19967 Filed 8-13-15; 8:45 am]
BILLING CODE 4910-57-P
