Notice of Proposed Buy America Waiver for Steel Excavator With a Continuous Wield Platform, 15407-15408 [2016-06417]
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
notice and seek public comment on
whether the FTA should grant a Buy
America non-availability waiver for the
Detroit Transportation Corporation
(DTC) for the procurement of
replacement special trackwork turnout
switch components. On July 13, 2015,
DTC requested a Buy America waiver
for the switch because it is not produced
in the United States in sufficiently and
reasonably available quantities or of a
satisfactory quality. 49 U.S.C.
5323(j)(2)(A); 49 CFR 661.7(c).
By way of background, DTC is the
owner and operator of the Detroit
People Mover, which is the largest
municipal rail system in Michigan. It is
a fully automated light rail system that
operates twelve (12) rail cars between
thirteen (13) passenger stations on an
elevated single track in a 2.9 mile loop
in Detroit’s central business district. In
March 2015, DTC solicited bids to
procure special trackwork switch point
for Turnout 3, which is located adjacent
to the Maintenance Facility Building
and provides access to the building. The
special trackwork of concern was
originally procured from Germany (by
Krupp Stahl AG) and is of European
standards, using AREMA 115RE rail
throughout the turnout with special
60E1A1 (formerly Zu-160) track point
section. The project includes replacing
stock rails that connect the switch point
section to the original running rails, as
well as rubber pads; both the rails and
pads will be sourced domestically. The
waiver only applies to the switch
component of the project.
DTC issued the first RFP in March
2015 to thirteen (13) companies:
Atlantic Track & Turnout Co.; LB Foster
Co.; Cleveland Track Materials
(Vossioh); Progress Rail Services Corp.;
Unitrac Railroad Materials, Inc.; London
Trackwork, Inc.; Skelton; Voestalpine
Nortrak, Inc.; RailWorks Projects, Inc.;
All American Track; Construction Data
Company; IntegriCo Composites; and
Delta Railroad Construction, Inc. DTC
received no responses. It contacted all
the companies, and reissued the RFP in
May 2015 to six (6) firms that expressed
an interest in the project. From this RFP,
DTC only received one proposal, from
Delta Railroad Construction, Inc. (Delta).
Delta, however, cannot comply with
Buy America requirements because the
only manufacturer of the switch is a
German company. To change the
manufacturer, Delta would need to reengineer the switch and modify the
‘‘frog’’ section and guideway elements;
this design would need to be certified.
Delta would then need to locate a
domestic source to manufacture the reengineered switch. Upon installation,
the proprietary software designer of the
VerDate Sep<11>2014
17:34 Mar 21, 2016
Jkt 238001
automated control train system would
need to certify the switch’s performance
in order to ensure it could be safely
used with the existing guideway switch
machines. Moreover, DTC believes there
is inadequate competition for the project
and needs to move forward with this
important maintenance project. Thus,
DTC is seeking a Buy America nonavailability waiver under 49 CFR
661.7(c)(1) for the switch.
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). 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.’’
In addition, ‘‘If the Secretary denies an
application for a waiver . . . the
Secretary shall provide to the applicant
a written certification that—the steel,
iron, or manufactured goods, as
applicable, (referred to in this
subparagraph as the ‘item’) is produced
in the United States in a sufficient and
reasonably available amount; (i) the
item produced in the United States is of
a satisfactory quality; and (ii) includes
a list of known manufacturers in the
United States from which the item can
be obtained.’’ 49 U.S.C. 5323(j)(6).
The purpose of this notice is to
publish DTC’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 merits of the
request. A full copy of the request has
been placed in docket number FTA–
2016–0005.
PO 00000
Frm 00188
Fmt 4703
Sfmt 4703
15407
Issued on March 16, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016–06375 Filed 3–21–16; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0006]
Notice of Proposed Buy America
Waiver for Steel Excavator With a
Continuous Wield Platform
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 Metro North Railroad (MNR)
for a Buy America non-availability
waiver for the procurement of a steel
excavator with a continuous wield
platform (CWP). MNR seeks to procure
a CWP to clear the right-of-way after
storms and thereby enabling the timely
resumption of passenger train service.
MNR seeks a waiver for the requirement
that final assembly take place in the
United States because there is no
domestic manufacturer available to
produce the equipment. 49 U.S.C.
5323(j)(2) and 49 CFR 661.7(c)(2). In
accordance with 49 U.S.C. 5323(j)(3)(A),
FTA is providing notice of the nonavailability waiver request and seeks
public comment before deciding
whether to grant the request. If granted,
the waiver would apply to a one-time
procurement only for the specific
equipment identified in the waiver
request.
SUMMARY:
Comments must be received by
March 29, 2016. Late-filed comments
will be considered to the extent
practicable.
DATES:
Please submit your
comments by one of the following
means, identifying your submissions by
docket number FTA–2016–0006:
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,
ADDRESSES:
E:\FR\FM\22MRN1.SGM
22MRN1
15408
Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
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–2016–0006. 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.
The
purpose of this notice is to provide
notice and seek public comment on
whether the FTA should grant a nonavailability waiver to the Metro North
Railroad (MNR) for the procurement of
a steel excavator with a continuous
wield platform (CWP). On May 13,
2015, Metro requested a Buy America
waiver for the CWP because the only
responsive bidder to its solicitation was
a Canadian manufacturer. While 77% of
the content of the material would be
domestic origin, the CWP would be
assembled in Canada. 49 U.S.C.
5323(j)(2)(A); 49 CFR 661.7(c).
By way of background, MNR operates
commuter rail service spanning 787
track miles. Metro North has a large
length of track along the shore line and
flooding along the line can occur
regularly at many of these locations. The
risk of flooding can be reduced by
keeping drainage infrastructure, clear of
debris. Specialized equipment such as
the CWP can quickly clear the right of
way after storms enabling the
resumption of passenger train service.
After Hurricane Sandy, MNR leased a
CWP, but given limited availability as
well as the higher cost of leasing, MNR
believes that purchase of the CWP is
necessary to ensure that it will be
available to expedite service restoration
and was provided funding to purchase
such equipment from FTA through the
Section 5324 Emergency Relief Funds
allocated for Superstorm Sandy.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:34 Mar 21, 2016
Jkt 238001
A CWP is a train that consists of
several platform suitable for holding/
hauling and picking up or distributing
a variety of materials, such as rocks,
riprap, dirt or debris. The equipment is
similar to a excavator which has an
articulated arm, with the main
difference being that it rides on rails and
sits on a connected platform where it
can dump or pick up material from in
order to perform its functions. The main
tasks the MNR uses the CWP for is
shoreline stabilization/restoration and
for removing debris from the right-ofway after storms.
MNR prepared and advertised a
solicitation for the CWP on January 9,
2015. Bids were due and opened on
February 5, 2015. The solicitation was
advertised in local newspapers, the New
York State Contract Report and the MTA
Metro-North Web site. A single bid was
submitted by BRRI, a Canadian firm.
BRRI submitted a Certificate of NonCompliance because the final assembly
of the equipment would take place in
Canada, although content of the material
used would be 77% domestic origin.
The total gross sum of the bid submitted
is $3,930,000.00.
MNR states that it received ‘‘No Bid’’
response forms from seven vendors and
that MNR contacted the vendors to
determine why they did not submit
bids. The responses from the vendors
varied from ‘‘not interested in selling’’
to ‘‘could not meet the requested bid
due date.’’ MNR then performed an
internet search to for American made
excavators with no results. MNR states
that it then reached out to Herzog
Railroad Services, Inc. and Dymax Rail
and was told by both that they do not
have the CWP in their fleet. Finally,
MNR also contacted the National
Institute of Statistics and Technology
(NIST) to determine if there had been
any research performed to identify U.S.
manufacturers for this equipment. To
date NIST has not conducted any
supplier scouting or analyses for the
item.
On August 15, 2015, FTA contacted
MNR, noting that one of the No-Reponse
bidders, Mecfor Inc. (Mecfor), stated
that it could not meet the request bid
due date but that it was not clear if
Mecfor could meet FTA’s Buy America
requirements since it is a Canadian
Firm. FTA asked MNR to contact Mecfor
to confirm whether it had the CWP that
would meet FTA’s Buy America
requirements. On August 25, 2015, MNR
provided FTA Mecfor’s response.
Mecfor stated that more than 60% of the
main componeents would be American
made and that assembly of the CWP
would be sub-contracted in the USA;
however, Mecfor also declined for the
PO 00000
Frm 00189
Fmt 4703
Sfmt 9990
second time an invitiation to re-bid
stating that the company’s workload
was overbooked. Due to the fact that
MNR did not receive a responsive bid
for a CWP produced in the U.S. nor
could it identify any potential bidders
through research and outreach, MNR
seeks a non-availability waiver of the
Buy America requirements for final
assembly pursuant to 49 U.S.C. 5323
(j)(2)(B).
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).
MNR is requesting a Buy America
non-availability waiver for the
requirement that final assembly occur in
the United States in order to procure a
CWP for its shoreline stabilization/
restoration and for removing debris from
the right-of-way after storms.
The purpose of this notice is to
publish MNR’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 merits of the
request. A full copy of the request has
been placed in docket number FTA–
2016–0006.
Issued on March 16, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016–06417 Filed 3–21–16; 8:45 am]
BILLING CODE 4910–57–P
E:\FR\FM\22MRN1.SGM
22MRN1
]]>Agencies
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15407-15408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06417]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0006]
Notice of Proposed Buy America Waiver for Steel Excavator With a
Continuous Wield Platform
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
from the Metro North Railroad (MNR) for a Buy America non-availability
waiver for the procurement of a steel excavator with a continuous wield
platform (CWP). MNR seeks to procure a CWP to clear the right-of-way
after storms and thereby enabling the timely resumption of passenger
train service. MNR seeks a waiver for the requirement that final
assembly take place in the United States because there is no domestic
manufacturer available to produce the equipment. 49 U.S.C. 5323(j)(2)
and 49 CFR 661.7(c)(2). In accordance with 49 U.S.C. 5323(j)(3)(A), FTA
is providing notice of the non-availability waiver request and seeks
public comment before deciding whether to grant the request. If
granted, the waiver would apply to a one-time procurement only for the
specific equipment identified in the waiver request.
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-2016-0006:
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,
[[Page 15408]]
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-2016-0006. 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 public comment on whether the FTA should grant a non-
availability waiver to the Metro North Railroad (MNR) for the
procurement of a steel excavator with a continuous wield platform
(CWP). On May 13, 2015, Metro requested a Buy America waiver for the
CWP because the only responsive bidder to its solicitation was a
Canadian manufacturer. While 77% of the content of the material would
be domestic origin, the CWP would be assembled in Canada. 49 U.S.C.
5323(j)(2)(A); 49 CFR 661.7(c).
By way of background, MNR operates commuter rail service spanning
787 track miles. Metro North has a large length of track along the
shore line and flooding along the line can occur regularly at many of
these locations. The risk of flooding can be reduced by keeping
drainage infrastructure, clear of debris. Specialized equipment such as
the CWP can quickly clear the right of way after storms enabling the
resumption of passenger train service. After Hurricane Sandy, MNR
leased a CWP, but given limited availability as well as the higher cost
of leasing, MNR believes that purchase of the CWP is necessary to
ensure that it will be available to expedite service restoration and
was provided funding to purchase such equipment from FTA through the
Section 5324 Emergency Relief Funds allocated for Superstorm Sandy.
A CWP is a train that consists of several platform suitable for
holding/hauling and picking up or distributing a variety of materials,
such as rocks, riprap, dirt or debris. The equipment is similar to a
excavator which has an articulated arm, with the main difference being
that it rides on rails and sits on a connected platform where it can
dump or pick up material from in order to perform its functions. The
main tasks the MNR uses the CWP for is shoreline stabilization/
restoration and for removing debris from the right-of-way after storms.
MNR prepared and advertised a solicitation for the CWP on January
9, 2015. Bids were due and opened on February 5, 2015. The solicitation
was advertised in local newspapers, the New York State Contract Report
and the MTA Metro-North Web site. A single bid was submitted by BRRI, a
Canadian firm. BRRI submitted a Certificate of Non-Compliance because
the final assembly of the equipment would take place in Canada,
although content of the material used would be 77% domestic origin. The
total gross sum of the bid submitted is $3,930,000.00.
MNR states that it received ``No Bid'' response forms from seven
vendors and that MNR contacted the vendors to determine why they did
not submit bids. The responses from the vendors varied from ``not
interested in selling'' to ``could not meet the requested bid due
date.'' MNR then performed an internet search to for American made
excavators with no results. MNR states that it then reached out to
Herzog Railroad Services, Inc. and Dymax Rail and was told by both that
they do not have the CWP in their fleet. Finally, MNR also contacted
the National Institute of Statistics and Technology (NIST) to determine
if there had been any research performed to identify U.S. manufacturers
for this equipment. To date NIST has not conducted any supplier
scouting or analyses for the item.
On August 15, 2015, FTA contacted MNR, noting that one of the No-
Reponse bidders, Mecfor Inc. (Mecfor), stated that it could not meet
the request bid due date but that it was not clear if Mecfor could meet
FTA's Buy America requirements since it is a Canadian Firm. FTA asked
MNR to contact Mecfor to confirm whether it had the CWP that would meet
FTA's Buy America requirements. On August 25, 2015, MNR provided FTA
Mecfor's response. Mecfor stated that more than 60% of the main
componeents would be American made and that assembly of the CWP would
be sub-contracted in the USA; however, Mecfor also declined for the
second time an invitiation to re-bid stating that the company's
workload was overbooked. Due to the fact that MNR did not receive a
responsive bid for a CWP produced in the U.S. nor could it identify any
potential bidders through research and outreach, MNR seeks a non-
availability waiver of the Buy America requirements for final assembly
pursuant to 49 U.S.C. 5323 (j)(2)(B).
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).
MNR is requesting a Buy America non-availability waiver for the
requirement that final assembly occur in the United States in order to
procure a CWP for its shoreline stabilization/restoration and for
removing debris from the right-of-way after storms.
The purpose of this notice is to publish MNR'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 merits of the request. A full
copy of the request has been placed in docket number FTA-2016-0006.
Issued on March 16, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-06417 Filed 3-21-16; 8:45 am]
BILLING CODE 4910-57-P
