Notice of Buy America Waiver for Ductless Mini-Split Air Conditioning Systems, 23077-23079 [2016-08987]
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Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices
goods, not services. Additionally, Selex
ES did not participate in the initial RFP
offered by KCATA. If Selex ES had bid
on KCATA’s RFP it too would have
needed a non-availability waiver of the
Buy America requirements.
Therefore, based on the information
supplied in support of KCATA’s request
for a Buy America waiver for the DMR
Tier III Trunked UHF Voice radio
system that is compatible with its
current system, including NIST’s
inability to locate a domestic
manufacturer that currently produces a
similar system and that no other entity
was able to establish that it makes a Buy
America complaint system, FTA hereby
waives its Buy America requirements
for the DMR Tier III Trunked UHF Voice
radio system on the grounds that the
manufactured product is not available
in the U.S. This waiver is limited to a
single procurement for the DMR Tier III
Trunked UHF Voice radio system by
KCATA.
Issued on April 14, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016–08989 Filed 4–18–16; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0005]
Notice of Buy America Waiver for
Special Trackwork Turnout Switch
Components.
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of Buy America waiver.
In response to the request of
the Detroit Transportation Corporation
(DTC) for a Buy America nonavailability waiver for the procurement
of two special trackwork turnout switch
components (switch), the Federal
Transit Administration (FTA) hereby
waives its Buy America requirements,
finding that the materials for which the
waiver is requested are not produced in
the United States in sufficient and
reasonably available quantities and of
satisfactory quality. This waiver is
limited to the procurement by DTC for
the switch.
DATES: This waiver is effective
immediately.
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 announce
that FTA has granted a Buy America
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SUMMARY:
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18:02 Apr 18, 2016
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non-availability waiver for DTC for the
procurement of the switch, under 49
U.S.C. 5323(j)(2)(B) and 49 CFR
661.7(c).
With certain exceptions, FTA’s Buy
America requirements prevent FTA
from obligating an amount that may be
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and
manufactured goods used in the project
are produced in the United States.’’ 49
U.S.C. 5323(j)(1). A manufactured
product is considered produced in the
United States if: (1) All of the
manufacturing processes for the product
take place in the United States; and (2)
all of the components of the product are
of U.S. origin. A component is
considered of U.S. origin if it is
manufactured in the United States,
regardless of the origin of its
subcomponents. 49 CFR 661.5(d). If,
however, FTA determines that ‘‘the
steel, iron, and goods produced in the
United States are not produced in a
sufficient and reasonably available
amount or are not of a satisfactory
quality,’’ then FTA may issue a nonavailability waiver. 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c). ‘‘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.’’ 49 CFR 661.7(c)(1).
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 rail cars
between thirteen 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 companies. DTC
received no responses. It contacted all
the companies, and reissued the RFP in
May 2015 to six firms that expressed an
interest in the project. From this RFP,
DTC only received one proposal, from
Delta Railroad Construction, Inc. (Delta).
PO 00000
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Fmt 4703
Sfmt 4703
23077
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
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.
On March 22, 2016, and in
accordance with 49 U.S.C. 5323(j)(3)(A),
FTA published a notice in the Federal
Register announcing the DTC Buy
America waiver request (81 FR 15406),
seeking comment from all interested
parties, including potential vendors and
suppliers. The comment period closed
on March 29, 2016, and no comments
were received.
Based on the representations of DTC
and the lack of any comments, FTA is
granting a non-availability waiver for
the procurement of the switch described
above, on the grounds that the
manufactured product is not available
in the U.S. This waiver is limited to a
single procurement of the switch
described above by DTC.
Issued on April 14, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016–08988 Filed 4–18–16; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0004]
Notice of Buy America Waiver for
Ductless Mini-Split Air Conditioning
Systems
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of Buy America waiver.
In response to requests
received from the Indianapolis Public
Transportation Corporation (IPTC) for a
Buy America non-availability waiver for
the procurement of an inverter-driven
ductless mini-split system air
conditioner; the York Adams
Transportation Authority (YATA) for
ductless split system air conditioning
units; the Key West Transit (KWT) for
a ductless mini-split mechanical system
for the City of Key West Public
SUMMARY:
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19APN1
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23078
Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices
Transportation Facility; and the
Springfield Redevelopment Authority
(SRA) for ductless mini-split air
conditioners for the Union Station
Regional Intermodal Transportation
Center in Springfield, Massachusetts,
the Federal Transit Administration
(FTA) hereby waives its Buy America
requirements, finding that the materials
for which the waivers are requested are
not produced in the United States in
sufficient and reasonable quantities and
of satisfactory quality. This waiver is
limited to the specific procurements
identified herein.
DATES: This waiver is effective
immediately.
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 announce
that FTA has granted non-availability
Buy America waivers to IPTC, YATA,
KWT, and SRA for the procurement of
ductless split system air conditioning
units 49 U.S.C. 5323(j)(2)(A); 49 CFR
661.7(c).
With certain exceptions, FTA’s Buy
America requirements prevent FTA
from obligating an amount that may be
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and
manufactured goods used in the project
are produced in the United States.’’ 49
U.S.C. 5323(j)(1). A manufactured
product is considered produced in the
United States if: (1) All of the
manufacturing processes for the product
take place in the United States; and (2)
all of the components of the product are
of U.S. origin. A component is
considered of U.S. origin if it is
manufactured in the United States,
regardless of the origin of its
subcomponents. 49 CFR 661.5(d). If,
however, FTA determines that ‘‘the
steel, iron, and goods produced in the
United States are not produced in a
sufficient and reasonably available
amount or are not of a satisfactory
quality,’’ then FTA may issue a nonavailability waiver. 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c). ‘‘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.’’ 49 CFR 661.7(c)(1).
By way of background, IPTC is
constructing its Downtown Transit
Center and the contractor and
subcontractor hired for the project,
Weddle Bros. Building Group, LLC and
Commercial Air Inc., previously
certified Buy America compliance. After
awarding the contract, Commercial Air
became aware that the inverter-driven
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18:02 Apr 18, 2016
Jkt 238001
ductless mini-split system air
conditioner selected for the center, was
non-compliant. Enviroair manufactures
this air conditioning system in China,
although certain equipment is stocked
and shipped from Utica, New York.
IPTC selected the Enviroair system,
which will be installed in the transit
center’s information technology room,
because it will keep the room constantly
cool and is the only way to cool the
room in the space provided. IPTC also
hopes to receive Silver LEED
certification for the transit center and
the Enviroair system is critical for
achieving this certification. IPTC
identified six other ductless mini-split
air condition system manufacturers, all
of which are manufactured abroad.
YATA seeks to install multiple
ductless split system air conditioning
units in its Operations and Maintenance
Facility. These units will regulate
environmental conditions in areas with
specific temperature and/or humidity
requirements, such as in server rooms or
elevator machine rooms, or in rooms
where conventional ductwork is not
possible. YATA’s successful bidder
certified Buy America compliance,
although later learned that the units
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. According to KWT’s waiver
request, the HVAC system is Buy
America-compliant, 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
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
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
was unable to find a domestically
manufactured mini-split air
conditioning system. KWT states that it
contacted the remaining America
manufacturer of VRF HVAC systems
and this manufacturer ceased
production two years ago.
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 believed 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 manufacture 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). Although the
scouting search identified two domestic
manufacturers as potential matches for
this opportunity, upon further
investigation neither company currently
produces a system that would meet the
stated specifications.
On Tuesday, March 22, 2016, and in
accordance with 49 U.S.C. 5323(j)(3)(A),
FTA published a notice in the Federal
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Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices
Register announcing the Buy America
waiver request (81 FR 15409), seeking
comment from all interested parties,
including potential vendors and
suppliers. The comment period closed
on March 29, 2016, and no comments
were received. Based on the
representations from IPTC, YATA,
KWT, and SRA, the lack of any
comments, and the fact that the NIST
supplier scouting search did not
identify a domestically made air
conditioner system, FTA is granting a
non-availability waiver for the
procurements of the ductless air
conditioning systems described above
on the grounds that the manufactured
products are not available in the U.S.
This waiver is limited to the specific
procurements described in this waiver.
Issued on April 14, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016–08987 Filed 4–18–16; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2016–0035; Notice No.
2016–03]
Hazardous Materials: U.S. Designated
Agents by Non-Resident Firework
Manufacturers Guidance
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Guidance Notice.
AGENCY:
PHMSA is issuing this
guidance clarifying that: (1) Firework
manufacturers may have more than one
U.S. Designated Agent provided they
follow certain criteria; and (2) inclusion
of electronic contact information can
help reduce processing times for
approval requests.
DATES: The policy clarification
discussed in this document is effective
April 19, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Ryan Paquet, Director, Approvals and
Permits Division, Office of Hazardous
Materials Safety, (202) 366–4512,
PHMSA, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Correspondence
with respect to this notice should be
sent to: FIREWORKS@dot.gov, subject
line—‘‘U.S. Designated Agents
Guidance’’ or respond to the listed
address for Mr. Ryan Paquet.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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18:02 Apr 18, 2016
Jkt 238001
I. Introduction
In this action, PHMSA’s Office of
Hazardous Materials Safety (OHMS) is
issuing this Public Outreach Notice to
clarify PHMSA’s policy regarding the
use of U.S. Designated Agents by nonresident firework manufacturers,
clarifying the number of U.S. Designated
Agents non-resident firework
manufacturers may use.
II. Background
Pursuant to 49 CFR 173.56(b), a new
explosive (firework) must be examined
and assigned a recommended shipping
description, division, and compatibility
group by an examining agency, which is
approved by PHMSA, unless the
firework is manufactured to comply
with the requirements specified in
§§ 173.64 and 173.65. Applicant
firework manufacturers that are not
residents of the United States are
required to designate an individual, a
firm, or a domestic corporation that is
a permanent resident of the United
States to act as the non-resident
applicant firework manufacturer’s U.S.
Designated Agent, in accordance with
§ 105.40.
III. Action
PHMSA is no longer restricting nonresident firework manufacturers to the
use of one U.S. Designated Agent. Since
PHMSA allows applicant firework
manufacturers to have more than one
U.S. Designated Agent, the following
criteria will help PHMSA to ensure that
it has the correct information regarding
a non-resident applicant firework
manufacturer’s U.S. Designated Agent.
PHMSA is also clarifying in this
Notice that, although not required under
§ 105.40, inclusion of electronic contact
information (i.e., email) allows for a
more expedited processing of approvals.
When PHMSA has only the physical
address of the applicant or agent, the
process of compiling and manually
processing for mailing approvals can
add as much as two weeks to the
processing time.
Non-Resident Application Requests
for Classification will be reviewed when:
The U.S. Designated Agent
information listed on the application
request matches the information on the
U.S. Designated Agent letter enclosed
with the request.
Non-Resident Application Requests
for Classification may be rejected when:
The U.S. Designated Agent
information listed on the application
request does not match the information
on the U.S. Designated Agent letter
enclosed with the request.
The application request indicates that
the applicant firework manufacturer has
PO 00000
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Fmt 4703
Sfmt 4703
23079
a U.S. Designated Agent, but does not
include a U.S. Designated Agent letter.
Detailed information on the
requirements for classification and
approval of new fireworks is found in
49 CFR 173.56, 173.64, 173.65, the
American Pyrotechnics Association’s
Standard 87–1, and on PHMSA’s Web
site at: www.phmsa.dot.gov/hazmat.
Additional information is available by
calling the Hazardous Materials
Information Center at (800) 467–4922 or
(202) 366–4488.
Issued in Washington, DC, on April 12,
2016, under authority delegated in 49 CFR
Part 107.
William S. Schoonover,
Deputy Associate Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2016–09015 Filed 4–18–16; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
[Docket No. DOT–OST–2016–0007]
Office of the Assistant Secretary for
Research and Technology (OST–R)
Notice of Request for Clearance of a
Revision of a Currently Approved
Information Collection: National
Census of Ferry Operators
Bureau of Transportation
Statistics (BTS) Office of the Assistant
Secretary for Research and Technology
(OST–R), DOT.
ACTION: Notice
AGENCY:
In accordance with the
requirements of section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995,
this notice announces the intention of
the BTS to request the Office of
Management and Budget’s (OMB’s)
approval for an information collection
related to the nation’s ferry operations.
The information collected will be used
to produce a descriptive database of
existing ferry operations. A summary
report of survey findings will also be
published by BTS on the BTS Web page.
DATES: Comments must be submitted on
or before May 19, 2016.
FOR FURTHER INFORMATION CONTACT:
Janine L. McFadden, (202) 366–2468,
NCFO Project Manager, BTS, OST–R,
Department of Transportation, 1200
New Jersey Ave. SE., Room E34–411,
Washington, DC 20590. Office hours are
from 8:00 a.m. to 5:30 p.m., E.T.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Title: National Census of Ferry
Operators (NCFO)
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Pages 23077-23079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08987]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0004]
Notice of Buy America Waiver for Ductless Mini-Split Air
Conditioning Systems
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Buy America waiver.
-----------------------------------------------------------------------
SUMMARY: In response to requests received from the Indianapolis Public
Transportation Corporation (IPTC) for a Buy America non-availability
waiver for the procurement of an inverter-driven ductless mini-split
system air conditioner; the York Adams Transportation Authority (YATA)
for ductless split system air conditioning units; the Key West Transit
(KWT) for a ductless mini-split mechanical system for the City of Key
West Public
[[Page 23078]]
Transportation Facility; and the Springfield Redevelopment Authority
(SRA) for ductless mini-split air conditioners for the Union Station
Regional Intermodal Transportation Center in Springfield,
Massachusetts, the Federal Transit Administration (FTA) hereby waives
its Buy America requirements, finding that the materials for which the
waivers are requested are not produced in the United States in
sufficient and reasonable quantities and of satisfactory quality. This
waiver is limited to the specific procurements identified herein.
DATES: This waiver is effective immediately.
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 announce
that FTA has granted non-availability Buy America waivers to IPTC,
YATA, KWT, and SRA for the procurement of ductless split system air
conditioning units 49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(c).
With certain exceptions, FTA's Buy America requirements prevent FTA
from obligating an amount that may be appropriated to carry out its
program for a project unless ``the steel, iron, and manufactured goods
used in the project are produced in the United States.'' 49 U.S.C.
5323(j)(1). A manufactured product is considered produced in the United
States if: (1) All of the manufacturing processes for the product take
place in the United States; and (2) all of the components of the
product are of U.S. origin. A component is considered of U.S. origin if
it is manufactured in the United States, regardless of the origin of
its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that
``the steel, iron, and goods produced in the United States are not
produced in a sufficient and reasonably available amount or are not of
a satisfactory quality,'' then FTA may issue a non-availability waiver.
49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). ``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.'' 49 CFR 661.7(c)(1).
By way of background, IPTC is constructing its Downtown Transit
Center and the contractor and subcontractor hired for the project,
Weddle Bros. Building Group, LLC and Commercial Air Inc., previously
certified Buy America compliance. After awarding the contract,
Commercial Air became aware that the inverter-driven ductless mini-
split system air conditioner selected for the center, was non-
compliant. Enviroair manufactures this air conditioning system in
China, although certain equipment is stocked and shipped from Utica,
New York. IPTC selected the Enviroair system, which will be installed
in the transit center's information technology room, because it will
keep the room constantly cool and is the only way to cool the room in
the space provided. IPTC also hopes to receive Silver LEED
certification for the transit center and the Enviroair system is
critical for achieving this certification. IPTC identified six other
ductless mini-split air condition system manufacturers, all of which
are manufactured abroad.
YATA seeks to install multiple ductless split system air
conditioning units in its Operations and Maintenance Facility. These
units will regulate environmental conditions in areas with specific
temperature and/or humidity requirements, such as in server rooms or
elevator machine rooms, or in rooms where conventional ductwork is not
possible. YATA's successful bidder certified Buy America compliance,
although later learned that the units 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. According to KWT's waiver request, the HVAC
system is Buy America-compliant, 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 was
unable to find a domestically manufactured mini-split air conditioning
system. KWT states that it contacted the remaining America manufacturer
of VRF HVAC systems and this manufacturer ceased production two years
ago.
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 believed that Trane's
product was Buy America-compliant. 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
manufacture 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).
Although the scouting search identified two domestic manufacturers as
potential matches for this opportunity, upon further investigation
neither company currently produces a system that would meet the stated
specifications.
On Tuesday, March 22, 2016, and in accordance with 49 U.S.C.
5323(j)(3)(A), FTA published a notice in the Federal
[[Page 23079]]
Register announcing the Buy America waiver request (81 FR 15409),
seeking comment from all interested parties, including potential
vendors and suppliers. The comment period closed on March 29, 2016, and
no comments were received. Based on the representations from IPTC,
YATA, KWT, and SRA, the lack of any comments, and the fact that the
NIST supplier scouting search did not identify a domestically made air
conditioner system, FTA is granting a non-availability waiver for the
procurements of the ductless air conditioning systems described above
on the grounds that the manufactured products are not available in the
U.S. This waiver is limited to the specific procurements described in
this waiver.
Issued on April 14, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-08987 Filed 4-18-16; 8:45 am]
BILLING CODE 4910-57-P
