Notice of a Buy America Waiver for Replacement Gondola Components, 50920-50921 [2015-20662]

Download as PDF 50920 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices Submitting Comments DEPARTMENT OF TRANSPORTATION You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket numbers FMCSA–2008–0355; FMCSA–2010– 0203; FMCSA–2011–0389; FMCSA– 2012–0050; FMCSA–2012–0094; FMCSA–2012–0294; FMCSA–2013– 0106 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. Federal Transit Administration Viewing Comments and Documents To view comments, as well as any documents mentioned in this notice, or to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2008–0355; FMCSA–2010– 0203; FMCSA–2011–0389; FMCSA– 2012–0050; FMCSA–2012–0094; FMCSA–2012–0294; FMCSA–2013– 0106 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this document. rmajette on DSK7SPTVN1PROD with NOTICES Issued on: August 3, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–20687 Filed 8–20–15; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 [Docket No. FTA–2015–0011] Notice of a Buy America Waiver for Replacement Gondola Components AGENCY: Federal Transit Administration, DOT. ACTION: Notice of a Buy America waiver. The Federal Transit Administration (FTA) received a Buy America waiver request from the Colorado Department of Transportation on behalf of the Town of Mountain Village for replacement parts for a gondola rehabilitation project. A nonavailability waiver is needed because Mountain Village intends to rehabilitate the gondola system with FTA funding and the replacement parts do not comply with Buy America requirements. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice of the waiver request and sought public comment in deciding whether to grant the request. Having received no comments opposing the waiver, FTA is hereby granting a non-availability waiver for the replacement gondola components to be procured by Mountain Village for the gondola refurbishment projects described herein. DATES: This waiver is effective immediately. 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 announce that FTA is granting a non-availability waiver for Mountain Village’s procurement of replacement components for its gondolas used to provide public transportation service. 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 SUMMARY: PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 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. The non-availability waiver is effective for all phases of these projects, but expires upon completion of these projects. Mountain Village asserted 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 available only from a single source— Dopplemayer and CWA, the original equipment manufacturers. The Colorado Passenger Tramway Safety Board (CPTSB), the state agency responsible for regulating the safety of aerial tramways within the State of Colorado, agreed and noted that because gondolas are specialized and the market is limited, there are no aftermarket manufacturers for these gondola components. The CPTSB concluded that, for these parts, there are no alternatives to the original equipment manufacturers, which do not manufacture the replacement components in the United States. Although there is a new U.S. manufacturer for tramways in the E:\FR\FM\21AUN1.SGM 21AUN1 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices United States, it does not produce detachable tramways like the one used by Mountain Village. Additionally, parts for the remainder of the tramway are of a different design and are not interchangeable with those used on other gondola systems. 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 announcing the Colorado Department of Transportation Buy America waiver request made on behalf of Mountain Village (80 FR 43552), seeking comment from all interested parties, including potential vendors and suppliers. The comment period closed on August 5, 2015, and no comments were received. Based on the representations from the Colorado Department of Transportation and the Colorado Passenger Tramway Safety Board, and the lack of any comments opposing the waiver, FTA is granting a non-availability waiver for replacement gondola components, limited to the parts procured by Mountain Village for the gondola refurbishment projects described above. Issued on August 17, 2015. Dana C. Nifosi, Acting Chief Counsel. [FR Doc. 2015–20662 Filed 8–20–15; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0077] Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Grant of Petitions. AGENCY: This document announces decisions by NHTSA that certain motor vehicles not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they are substantially similar to vehicles originally manufactured for sale in the United States and certified by their manufacturers as complying with the safety standards, and they are capable of being readily altered to conform to the standards or because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. DATES: These decisions became effective on the dates specified in Annex A. rmajette on DSK7SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 For further information contact Mr. George Stevens, Office of Vehicle Safety Compliance, NHTSA (202–366–5308). SUPPLEMENTARY INFORMATION: ADDRESSES: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and/or sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Where there is no substantially similar U.S.-certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle to be admitted into the United States if its safety features comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. NHTSA received petitions from registered importers to decide whether the vehicles listed in Annex A to this notice are eligible for importation into the United States. To afford an opportunity for public comment, NHTSA published notice of these petitions as specified in Annex A. The reader is referred to those notices for a thorough description of the petitions. Comments: No substantive comments were received in response to the petitions identified in Appendix A. NHTSA Decision: Accordingly, on the basis of the foregoing, NHTSA hereby decides that each motor vehicle listed in Annex A to this notice, which was not originally manufactured to comply with all applicable FMVSS, is either substantially similar to a motor vehicle PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 50921 manufactured for importation into and/ or sale in the United States, and certified under 49 U.S.C. 30115, as specified in Annex A, and is capable of being readily altered to conform to all applicable FMVSS or has safety features that comply with, or are capable of being altered to comply with, all applicable Federal Motor Vehicle Safety Standards. Vehicle Eligibility Number for Subject Vehicles: The importer of a vehicle admissible under any final decision must indicate on the form HS–7 accompanying entry the appropriate vehicle eligibility number indicating that the vehicle is eligible for entry. Vehicle eligibility numbers assigned to vehicles admissible under this decision are specified in Annex A. Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B) and (b)(1); 49 CFR 593.7; delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. ANNEX A—Nonconforming Motor Vehicles Decided To Be Eligible for Importation 1. Docket No. NHTSA–2014–0048 Nonconforming Vehicles: 2011–2014 Harley-Davidson FX, FL, XL, and VR Series Motorcycles Substantially Similar U.S. Certified Vehicles: 2011–2014 Harley-Davidson FX, FL, XL, and VR Series Motorcycles Notice of Petition Published at: 79 FR 26804 (May 9, 2014) Vehicle Eligibility Number: VSP–567 (effective date June 24, 2014) 2. Docket No. NHTSA–2014–0098 Nonconforming Vehicles: 2002 BMW Z3 Passenger Cars Substantially Similar U.S. Certified Vehicles: 2002 BMW Z3 Passenger Cars Notice of Petition Published at: 79 FR 56851 (September 23, 2014) Vehicle Eligibility Number: VSP–568 (effective date November 5, 2014) 3. Docket No. NHTSA–2014–0120 Nonconforming Vehicles: 2008 Cadillac Escalade Multipurpose Passenger Vehicles Substantially Similar U.S. Certified Vehicles: 2008 Cadillac Escalade Multipurpose Passenger Vehicles Notice of Petition Published at: 80 FR 36404 (June 24, 2015) Vehicle Eligibility Number: VSP–572 (effective date July 31, 2015) 4. Docket No. NHTSA–2014–0097 Nonconforming Vehicles: 1991 BMW M3 Convertible Passenger Cars E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50920-50921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20662]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2015-0011]


Notice of a Buy America Waiver for Replacement Gondola Components

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of a Buy America waiver.

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

SUMMARY: The Federal Transit Administration (FTA) received a Buy 
America waiver request from the Colorado Department of Transportation 
on behalf of the Town of Mountain Village for replacement parts for a 
gondola rehabilitation project. A non-availability waiver is needed 
because Mountain Village intends to rehabilitate the gondola system 
with FTA funding and the replacement parts do not comply with Buy 
America requirements. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA 
published a notice of the waiver request and sought public comment in 
deciding whether to grant the request. Having received no comments 
opposing the waiver, FTA is hereby granting a non-availability waiver 
for the replacement gondola components to be procured by Mountain 
Village for the gondola refurbishment projects described herein.

DATES: This waiver is effective immediately.

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 announce 
that FTA is granting a non-availability waiver for Mountain Village's 
procurement of replacement components for its gondolas used to provide 
public transportation service.
    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 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 low-speed 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. The non-availability waiver is effective for all 
phases of these projects, but expires upon completion of these 
projects.
    Mountain Village asserted 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 available only from a 
single source--Dopplemayer and CWA, the original equipment 
manufacturers. The Colorado Passenger Tramway Safety Board (CPTSB), the 
state agency responsible for regulating the safety of aerial tramways 
within the State of Colorado, agreed and noted that because gondolas 
are specialized and the market is limited, there are no aftermarket 
manufacturers for these gondola components. The CPTSB concluded that, 
for these parts, there are no alternatives to the original equipment 
manufacturers, which do not manufacture the replacement components in 
the United States. Although there is a new U.S. manufacturer for 
tramways in the

[[Page 50921]]

United States, it does not produce detachable tramways like the one 
used by Mountain Village. Additionally, parts for the remainder of the 
tramway are of a different design and are not interchangeable with 
those used on other gondola systems.
    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 
announcing the Colorado Department of Transportation Buy America waiver 
request made on behalf of Mountain Village (80 FR 43552), seeking 
comment from all interested parties, including potential vendors and 
suppliers. The comment period closed on August 5, 2015, and no comments 
were received.
    Based on the representations from the Colorado Department of 
Transportation and the Colorado Passenger Tramway Safety Board, and the 
lack of any comments opposing the waiver, FTA is granting a non-
availability waiver for replacement gondola components, limited to the 
parts procured by Mountain Village for the gondola refurbishment 
projects described above.

    Issued on August 17, 2015.
Dana C. Nifosi,
Acting Chief Counsel.
[FR Doc. 2015-20662 Filed 8-20-15; 8:45 am]
 BILLING CODE 4910-57-P