Notice of Proposed Buy America Waiver for a Radio Communications System, 15410-15411 [2016-06376]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 15410 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices from ECR international-EMI-USA of Utica, New York, are in fact manufactured abroad. YATA identified one ductless split system unit that is manufactured in the U.S. by Modine, however, this unit has a larger capacity than YATA’s project requirements for the Operations and Maintenance Facility. Use of this unit would result in constant compressor cycling and a limited lifespan. Moreover, YATA states that it cannot use a standard split system unit as an alternative to the ductless split system, because a standard system is incapable of treating ventilation air and the required ductwork cannot be installed in locations that need environmental control. Therefore, no domestic manufacturer exists that would satisfy YATA’s project needs. KWT is completing construction of its City of Key West Public Transportation Facility, which is a U.S. Green Building Council LEED project and includes many sustainable and efficient elements, including that of the HVAC system. The project consists of an 18,300 square foot bus operations and maintenance building, a 2,100 square foot bus wash building, fueling station, and parking facilities. The facility will serve as the City’s transportation operations center and will provide maintenance, repair, cleaning, and bus parking facilities. The front portion of the main building includes offices for administration and operations, while the rear portion provides space for bus maintenance, repairs and cleaning, parts storage and technician amenities. According to KWT’s waiver request, the HVAC system is Buy Americacompliant, with the exception of the VRF mechanical system which will be placed in three of the electrical, mechanical, and server rooms in the new facility. KWT states that these rooms must be able to function separately from the main operations building. KWT also is building this facility to be LEED silver certified and the energy-efficient VRF system will help KWT attain this certification. The VRF system sought will also better accommodate spatial constraints since the new facility is surrounded by a landfill, school bus parking lot, and other construction projects. It is also located in a highly-trafficked area, which limits the footprint of the project. Unlike other HVAC systems, the ductless mini-split system will be able to fit into the available space. KWT is installing a Carrier ductless mini-split system in the facility. Before selecting this system, KWT conducted extensive research and reached out to domestic manufacturers, however, KWT VerDate Sep<11>2014 17:34 Mar 21, 2016 Jkt 238001 was unable to find a domestically manufactured mini split air conditioning system. In fact, KWT states that it contacted the remaining America manufacturer of VRF HVAC systems and this manufacturer ceased production two years ago. As a result, KWT procured the Carrier ductless mini-split air conditioning equipment for the facility as no domestic manufacturer was available. SRA is constructing the Union Station Regional Intermodal Transportation Center, which includes renovation of the existing Terminal Building and the construction of a six story parking garage. SRA is seeking to procure nine ductless mini-split air conditioners for the construction project. Each building within the transportation center will have its own HVAC system. SRA states that it is necessary to install ductless mini-split air conditioners in each individual room in order to maintain environs in each room. The air conditioners will be independent of other heating and cooling systems and will be backed up by a generator. Initially, SRA’s contractor thought that Trane’s product was Buy Americacompliant. Subsequently, however, Trane notified SRA that its product was mislabeled and is actually foreign-made. SRA also contacted 8 other companies who manufacture ductless mini-split air conditioners, although none of these companies manufacturer the product domestically. As a result, SRA is seeking a non-availability waiver for the ductless mini-split air conditioners as there is no domestic manufacturer. FTA also conducted a scouting search for ductless air conditioning systems through its Interagency Agreement with the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST). The scouting search identified two domestic manufacturers as potential matches for this opportunity: Kentuckiana Curb Company/KCC International in Louisville, Kentucky and Climate Conditioning Company, Inc./Liebert also in Louisville, Kentucky. The manufacturers identified either produce similar products to the ductless air conditioning systems, possess the capabilities to produce ductless air conditioning systems, have produced an item similar to ductless air conditioning systems in the past, or have expressed a business interest in producing ductless air conditioning systems. Upon request from FTA, IPTC and YATA reached out to these potential domestic suppliers. However, neither company manufactures the specific mini-split air conditioning systems sought and as described in this Notice. As such, IPTC PO 00000 Frm 00191 Fmt 4703 Sfmt 4703 and YATA are pursuing their nonavailability waiver applications. FTA did not reach out to KWT or SRA as they submitted their waiver requests after scouting was complete. 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 purpose of this Notice is to publish IPTC’s, YATA’s, KWT’s, and SRA’s requests 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 requests, including the merits of the requests. A full copy of the request has been placed in docket number FTA– 2016–0004. Issued on March 16, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016–06416 Filed 3–21–16; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2016–0002] Notice of Proposed Buy America Waiver for a Radio Communications 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 use of FTA funding to purchase a radio communication system that is non- SUMMARY: E:\FR\FM\22MRN1.SGM 22MRN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices compliant with the Buy America requirements. The request is from the Kansas City Area Transportation Authority (KCATA). KCATA is in the process of updating its current analog system with a digital voice system, compatible with its operating system. KCATA also plans to enter into a triparty agreement with the City of Kansas City, Missouri, and the Kansas City Streetcar Authority (KCSA) to install the radio system into the new streetcars. The new radio system will increase KCATA’s systems capacity and allow KCSA to have a dedicated talk group on KCATA’s system. 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 only would apply to a onetime FTA-funded procurement by KCATA. DATES: Comments must be received by March 29, 2016. Late-filed comments 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–2016–0002: 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–2016–0002. 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 VerDate Sep<11>2014 17:34 Mar 21, 2016 Jkt 238001 Federal Register published April 11, 2000 (65 FR 19477), or you may visit https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at (202) 366–2743 or laura.ames@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 KCATA’s purchase of a new radio communication system. The new radio system will replace KCATA’s analog system, increase its systems capacity and allow KCSA to have a dedicated talk group on KCATA’s 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 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). KCATA is a provider for public transportation services for Kansas City, Missouri. KCATA provides service to the entire Kansas City metropolitan area, operating in seven counties. KCATA’s current radio system was purchased in 2002 and fully activated in 2005. The radio system is analog and operates on two separate channels. It has limited growth capabilities, issues with ‘‘talk over,’’ inaccessible voice connections, and after ten (10) years the maintenance costs are rising. KCATA is in the process of upgrading its radio system. As part of its plan to upgrade the radio system, KCATA issued a Request for Proposals (RFP) seeking a ‘‘turnkey project that includes a DMR Tier III Trunked UHF Voice radio system, full integration of the radio system with the Trapeze TransitMaster CAD/AVL system, and extended maintenance and support.’’ KCATA only received on response to the RFP. Tait North America PO 00000 Frm 00192 Fmt 4703 Sfmt 4703 15411 (‘‘Tait’’) expressed interest in the project but noted that it is headquartered in New Zealand and that a majority of the products would be assembled in New Zealand, making them non-compliant with Buy America. Under 49 CFR 661.7(c)(1), ‘‘It will be presumed that the conditions exist to grant this nonavailability waiver if no responsive and responsible bid is received offering an item produced in the United States.’’ Since receiving the Tait proposal, KCATA has not been able to identify any companies in the United States that can meet the Buy America requirements for its project. FTA also conducted a scouting search for comparable radio system through its Interagency Agreement with the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST). The scouting search identified no domestic manufacturers as matches for this opportunity. The scouting search identified one domestic manufacturer as a partial match, but that manufacturer does not currently manufacture a comparable radio system. As such, KCATA is pursuing its nonavailability waiver applications. The purpose of this notice is to publish KCATA’s request 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–2016–0002. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016–06376 Filed 3–21–16; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2016–0003] Notice of Proposed Buy America Waiver for a Fall Arrest 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 from the Indianapolis Public Transportation Corporation (IPTC) for a Buy America non-availability waiver for the procurement of a Horizontal Lifeline Fall Protection Maintenance Tie Back System (System). IPTC is constructing a SUMMARY: E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15410-15411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06376]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0002]


Notice of Proposed Buy America Waiver for a Radio Communications 
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 use of FTA funding to purchase a radio 
communication system that is non-

[[Page 15411]]

compliant with the Buy America requirements. The request is from the 
Kansas City Area Transportation Authority (KCATA). KCATA is in the 
process of updating its current analog system with a digital voice 
system, compatible with its operating system. KCATA also plans to enter 
into a tri-party agreement with the City of Kansas City, Missouri, and 
the Kansas City Streetcar Authority (KCSA) to install the radio system 
into the new streetcars. The new radio system will increase KCATA's 
systems capacity and allow KCSA to have a dedicated talk group on 
KCATA's system. 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 only 
would apply to a one-time FTA-funded procurement by KCATA.

DATES: Comments must be received by March 29, 2016. Late-filed comments 
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-2016-0002:
    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-2016-0002. 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: Laura Ames, FTA Attorney-Advisor, at 
(202) 366-2743 or laura.ames@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 KCATA's purchase of a new radio communication 
system. The new radio system will replace KCATA's analog system, 
increase its systems capacity and allow KCSA to have a dedicated talk 
group on KCATA's 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 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).
    KCATA is a provider for public transportation services for Kansas 
City, Missouri. KCATA provides service to the entire Kansas City 
metropolitan area, operating in seven counties. KCATA's current radio 
system was purchased in 2002 and fully activated in 2005. The radio 
system is analog and operates on two separate channels. It has limited 
growth capabilities, issues with ``talk over,'' inaccessible voice 
connections, and after ten (10) years the maintenance costs are rising. 
KCATA is in the process of upgrading its radio system.
    As part of its plan to upgrade the radio system, KCATA issued a 
Request for Proposals (RFP) seeking a ``turnkey project that includes a 
DMR Tier III Trunked UHF Voice radio system, full integration of the 
radio system with the Trapeze TransitMaster CAD/AVL system, and 
extended maintenance and support.'' KCATA only received on response to 
the RFP. Tait North America (``Tait'') expressed interest in the 
project but noted that it is headquartered in New Zealand and that a 
majority of the products would be assembled in New Zealand, making them 
non-compliant with Buy America. Under 49 CFR 661.7(c)(1), ``It will be 
presumed that the conditions exist to grant this non-availability 
waiver if no responsive and responsible bid is received offering an 
item produced in the United States.'' Since receiving the Tait 
proposal, KCATA has not been able to identify any companies in the 
United States that can meet the Buy America requirements for its 
project.
    FTA also conducted a scouting search for comparable radio system 
through its Interagency Agreement with the U.S. Department of 
Commerce's National Institute of Standards and Technology (NIST). The 
scouting search identified no domestic manufacturers as matches for 
this opportunity. The scouting search identified one domestic 
manufacturer as a partial match, but that manufacturer does not 
currently manufacture a comparable radio system. As such, KCATA is 
pursuing its non-availability waiver applications.
    The purpose of this notice is to publish KCATA's request 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-2016-0002.

Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-06376 Filed 3-21-16; 8:45 am]
 BILLING CODE 4910-57-P

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