Notice of Proposed Buy America Waiver for a Fall Arrest System, 15411-15413 [2016-06419]

Download as PDF 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 asabaliauskas on DSK3SPTVN1PROD with NOTICES 15412 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices new Downtown Transit Center, and according to the Occupational Safety and Health Administration regulations, must provide fall protection for employees performing maintenance on the building. IPTC seeks a waiver for the system because there are no domestic manufacturers of the system that meet the Buy America requirements. 49 U.S.C. 5323(j)(2) and 49 CFR 661.7(c)(2). IPTC issued a request for proposals (RFPs) for procurement of the system, and two firms were identified and showed an interest in providing the system. Neither firm, however, was Buy America-complaint. 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 fall arrest system 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–2016–0003: 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–2016–00XX. 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 VerDate Sep<11>2014 17:34 Mar 21, 2016 Jkt 238001 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 Buy America non-availability waiver for the Indianapolis Public Transportation Corporation (IPTC) for the procurement of a Horizontal Lifeline Fall Protection Maintenance Tie Back System (the ‘‘System’’). On June 2, 2015, IPTC requested a Buy America waiver for the System 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). IPTC is constructing a new Downtown Transit Center (DTC) in Indianapolis, Indiana that will serve as the hub for public transit. It will include a large indoor public waiting area and bus bays while serving pedestrians, cyclists, and bus riders. Per Occupational Safety and Health Administration (OSHA) regulations, IPTC has a duty to provide fall protection for employees performing maintenance on the new building. IPTC entered into a contract with Weddle Bros. Building Group (WBBG) in early September 2014 for the construction of the DTC. WBBG certified in good faith that it would comply with Buy America. As part of the project, IPTC issued an RFP for the complete design, supply and installation of a fall protection maintenance tie-back system to safeguard personnel to include all cable, intermediate brackets, end terminations, and modifications of structural steel as required for supplementary support of stanchions, user equipment, and attachment to roof structure for a complete and working fall protection maintenance tie-back system. It also included experience criteria for the professional engineer designing the system and a firm that has manufactured at least five (5) similar systems with specific liability insurance policies. The two firms that responded to the RFP were American Anchor and Pro-Bel Group. Neither firm was able to certify a system as compliant with the Buy America regulations. The cables and tensioning system are not manufactured domestically for Pro-Bel. The hands-free set ups are not manufactured domestically for American Anchor. IPTC thus requests approval for WBBG to procure a System from Pro-Bel. PO 00000 Frm 00193 Fmt 4703 Sfmt 4703 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). FTA also conducted a scouting search for the fall arrest system through its Interagency Agreement with the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST). The scouting search identified one domestic manufacturer as a potential match for this opportunity: Starr Products in Butler, Pennsylvania. The manufacturer identified has either produced similar products to the fall arrest system, possesses the capabilities to produce a fall arrest system, has produced an item similar to a fall arrest system in the past, or have expressed a business interest in producing a fall arrest system. Upon request from FTA, IPTC reached out to this potential domestic supplier. However, the company does not design or install fall arrest systems as defined in IPTC’s project manual. As such, IPTC is pursuing its non-availability waiver application. E:\FR\FM\22MRN1.SGM 22MRN1 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices The purpose of this notice is to publish IPTC’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– 2016–0003. Issued on March 16, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016–06419 Filed 3–21–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation Notice of Increase in Civil Penalty for Violations of National Traffic and Motor Vehicle Safety Act Office of the Secretary of Transportation, Department of Transportation. ACTION: Public notice. AGENCY: asabaliauskas on DSK3SPTVN1PROD with NOTICES VerDate Sep<11>2014 19:06 Mar 21, 2016 Jkt 238001 1. The kickoff meeting for the Tax Design Challenge will take place at 1776, 1133 15th Street NW., Washington, DC 20005. 2. Challenge submissions must be submitted electronically at www.taxdesignchallenge.com. FOR FURTHER INFORMATION CONTACT: Christopher Daggett, 503–330–6311 or Michael Lin, 202–317–6381. SUPPLEMENTARY INFORMATION: Subject of Challenge Competition DEPARTMENT OF THE TREASURY Tax information is available to taxpayers across multiple IRS channels and contains a wealth of information. Many taxpayers, however, might not know where to find this information or how to use it, as much of this information reads like a receipt and can be incomprehensible to those who are not financial professionals. The Challenge asks: How might we design, organize, and present tax information in a way that makes it easier for taxpayers to manage their taxpayer responsibilities, and to use their own taxpayer data to make informed and effective decisions about their personal finances? This is an incredible opportunity for civic-minded technologists, designers, and innovative thinkers to improve and shape the user experience of one of the most visited government Web sites in the U.S. Internal Revenue Service Challenge entrants will submit a design that Authority: Pub. L. 114–94. This notice is to inform the public that NHTSA has satisfied the requirements in the Fixing America’s Surface Transportation Act (FAST Act) necessary for increases in the maximum amount of civil penalties that NHTSA may collect for violations of the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act) to become effective. DATES: Effective date: The amendments to 49 U.S.C 30165(a) authorized by Section 24110(a) of the FAST Act are effective March 17, 2016. FOR FURTHER INFORMATION CONTACT: Thomas Healy, Office of the Chief Counsel, NHTSA, 1200 New Jersey Ave. SE., West Building, W41–211, Washington, DC 20590. Telephone: (202) 366–2992 Fax: (202) 366–3820. SUPPLEMENTARY INFORMATION: On December 4, 2015, the FAST Act, Public Law 114–94, was signed into law. Section 24110 of the FAST Act increases the maximum civil penalty that NHTSA may collect for each violation of the Vehicle Safety Act to $21,000 per violation (currently $7,000) and the maximum amount of civil penalties that NHTSA can collect for a related series of violations to $105 million (currently $35 million). In order for these increases to become effective, the Secretary of Transportation must certify to Congress that NHTSA has issued the final rule required by Section 31203 of the Moving Ahead for Progress SUMMARY: in the 21st Century Act. Section 31203 required NHTSA to provide an interpretation of civil penalty factors in 49 U.S.C. 30165 for NHTSA1 to consider in determining the amount of penalty or compromise for violations of the Vehicle Safety Act. Pub. L. 112–141, § 31203, 126 Stat. 758 (2012). The increases in maximum civil penalties in Section 24110 of the FAST Act became effective the date of the Secretary’s certification. NHTSA issued the final rule required by Section 31203 of MAP–21 on February 24, 2016. On March 17, 2016, the Secretary certified to Congress by letter to the Chairman and Ranking Member of the Senate Committee on Commerce, Science, and Transportation, and to the Chairman and Ranking Member of the House Committee on Energy and Commerce that NHTSA had issued the Final Rule. Therefore, NHTSA shall enforce the increased maximum civil penalties for violation of the Vehicle Safety Act in 49 U.S.C. 30165 effective March 17, 2016. 15413 Issued on: March 17, 2016. Anthony Foxx, Secretary of Transportation. [FR Doc. 2016–06433 Filed 3–21–16; 8:45 am] BILLING CODE 4910–59–P Tax Design Challenge; Requirements and Procedures Internal Revenue Service, Treasury. ACTION: Notice. AGENCY: This Notice announces the requirements and procedures for the Tax Design Challenge (‘‘the Challenge). The Challenge is a crowdsourcing competition, with cash prizes, that the IRS is hosting to begin reimagining the taxpayer experience of the future. The goal of this design challenge is to develop new concepts for designing, organizing and presenting tax information in a way that makes it easier for taxpayers to understand their taxpayer responsibilities and effectively use their own taxpayer data. DATES: Effective on April 17, 2016. Challenge submission period ends May 10, 2016, 11:59 a.m. ET. ADDRESSES: SUMMARY: * Improves the visual layout and style of the information for the taxpayer * Makes it easier for a taxpayer to manage his/her taxpayer responsibilities * Empowers a taxpayer to make informed and effective decisions about his/her personal finances. Entrants should consider end users in developing their design. Our tax system includes people from many different socioeconomic backgrounds, with different needs and responsibilities. The Challenge is an opportunity for talented individuals to touch the lives of Americans across the country through design. The most innovative designs will be showcased in an online gallery. Winning submissions will receive monetary prizes. The IRS enthusiastically supports crowdsourcing competitions, as they have proven to be cost-efficient vehicle for catalyzing innovation in government. Submission Requirements 1 NHTSA has been delegated the Secretary of Transportation’s authority to determine the amount of civil penalty or compromise for violations of the Vehicle Safety Act. 49 CFR 1.95. PO 00000 Frm 00194 Fmt 4703 Sfmt 4703 In order for an entry to be eligible to win the Challenge, it must meet the following requirements: E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15411-15413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06419]


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

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.

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

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

SUMMARY: 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

[[Page 15412]]

new Downtown Transit Center, and according to the Occupational Safety 
and Health Administration regulations, must provide fall protection for 
employees performing maintenance on the building. IPTC seeks a waiver 
for the system because there are no domestic manufacturers of the 
system that meet the Buy America requirements. 49 U.S.C. 5323(j)(2) and 
49 CFR 661.7(c)(2). IPTC issued a request for proposals (RFPs) for 
procurement of the system, and two firms were identified and showed an 
interest in providing the system. Neither firm, however, was Buy 
America-complaint. 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 fall arrest system 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-2016-0003:
    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-2016-00XX. 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 Buy 
America non-availability waiver for the Indianapolis Public 
Transportation Corporation (IPTC) for the procurement of a Horizontal 
Lifeline Fall Protection Maintenance Tie Back System (the ``System''). 
On June 2, 2015, IPTC requested a Buy America waiver for the System 
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).
    IPTC is constructing a new Downtown Transit Center (DTC) in 
Indianapolis, Indiana that will serve as the hub for public transit. It 
will include a large indoor public waiting area and bus bays while 
serving pedestrians, cyclists, and bus riders. Per Occupational Safety 
and Health Administration (OSHA) regulations, IPTC has a duty to 
provide fall protection for employees performing maintenance on the new 
building. IPTC entered into a contract with Weddle Bros. Building Group 
(WBBG) in early September 2014 for the construction of the DTC. WBBG 
certified in good faith that it would comply with Buy America. As part 
of the project, IPTC issued an RFP for the complete design, supply and 
installation of a fall protection maintenance tie-back system to 
safeguard personnel to include all cable, intermediate brackets, end 
terminations, and modifications of structural steel as required for 
supplementary support of stanchions, user equipment, and attachment to 
roof structure for a complete and working fall protection maintenance 
tie-back system. It also included experience criteria for the 
professional engineer designing the system and a firm that has 
manufactured at least five (5) similar systems with specific liability 
insurance policies.
    The two firms that responded to the RFP were American Anchor and 
Pro-Bel Group. Neither firm was able to certify a system as compliant 
with the Buy America regulations. The cables and tensioning system are 
not manufactured domestically for Pro-Bel. The hands-free set ups are 
not manufactured domestically for American Anchor. IPTC thus requests 
approval for WBBG to procure a System from Pro-Bel.
    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).
    FTA also conducted a scouting search for the fall arrest system 
through its Interagency Agreement with the U.S. Department of 
Commerce's National Institute of Standards and Technology (NIST). The 
scouting search identified one domestic manufacturer as a potential 
match for this opportunity: Starr Products in Butler, Pennsylvania. The 
manufacturer identified has either produced similar products to the 
fall arrest system, possesses the capabilities to produce a fall arrest 
system, has produced an item similar to a fall arrest system in the 
past, or have expressed a business interest in producing a fall arrest 
system. Upon request from FTA, IPTC reached out to this potential 
domestic supplier. However, the company does not design or install fall 
arrest systems as defined in IPTC's project manual. As such, IPTC is 
pursuing its non-availability waiver application.

[[Page 15413]]

    The purpose of this notice is to publish IPTC'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-2016-0003.

    Issued on March 16, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-06419 Filed 3-21-16; 8:45 am]
 BILLING CODE P
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