Notice of Buy America Waiver for a Radio Communications System, 23076-23077 [2016-08989]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with NOTICES
23076
Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices
available to expedite service restoration
and was provided funding to purchase
such equipment from FTA through the
emergency relief funds allocated for
Superstorm Sandy.
A CWP is a support vehicle train
which consists of several platforms
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 an 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 for which the MNR uses
the CWP 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. On February 5, 2015, BRRI, a
Canadian firm, 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.
MNR did extensive follow-up after
receiving only one bid, including
contacting seven vendors who did not
submit bids and undertaking research to
determine whether a CWP that met both
the domestic content and the final
assembly requirements of Buy America
was available. One company that did
not submit a bid stated that although it
could meet the Buy America
requirements, it was not interested in
bidding on the project at this time.
Accordingly, MNR requested a nonavailability waiver of the Buy America
requirements for final assembly
pursuant to 49 U.S.C. 5323 (j)(2)(B).
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 MNR Buy
America waiver request (81 FR 15407),
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 MNR and the lack
of any comments, FTA is granting a
non-availability waiver for final
assembly only of the CWP. This waiver
is limited to the final assembly
requirement for a single procurement of
the CWP described above by MNR.
Issued on April 14, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016–08978 Filed 4–18–16; 8:45 am]
BILLING CODE 4910–57–P
VerDate Sep<11>2014
18:02 Apr 18, 2016
Jkt 238001
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0002]
Notice of Buy America Waiver for a
Radio Communications System
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of Buy America waiver.
In response to the request of
the Kansas City Area Transportation
Authority (KCATA) for a Buy America
waiver for a DMR Tier III Trunked UHF
Voice radio system that is compatible
with its current system, the Federal
Transit Administration (FTA) hereby
waives its Buy America requirements
finding that the materials for which a
waiver is requested are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality. This waiver is
limited to a single procurement by
KCATA for the DMR Tier III Trunked
UHF Voice radio system.
DATES: This waiver is effective
immediately.
SUMMARY:
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
non-availability waiver for KCATA’s
procurement of a DMR Tier III Trunked
UHF radio system 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).
KCATA provides public
transportation services in the Kansas
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
City, Missouri, 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 escalating maintenance costs.
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) on December 16,
2014, 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 one 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 supplied for the project would
be assembled in New Zealand, making
them non-compliant with Buy America.
Neither KCATA nor FTA has
identified any companies in the United
States that can meet the Buy America
requirements for this project. FTA also
conducted a scouting search for a U.S.
manufacturer of a 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 did not result in
identifying any domestic manufacturers
who could provide the equipment
required by KCATA.
On Wednesday, March 22, 2016, and
in accordance with 49 U.S.C.
5323(j)(3)(A), FTA published a notice in
the Federal Register (81 FR 15410)
requesting public comment on, among
other topics, the merits of KCATA’s
waiver request and potential effects of
granting the waiver. The public
comment period closed on March 29,
2016. FTA received only once comment.
Selex ES, a subsidiary of an Italian
company with its North America
headquarters in Overland Park, Kansas,
commented that although it did not
submit a proposal to KCATA’s RFP, it
can supply a DMR Tier III Trunked
Radio Systems similar to the system
proposed by Tait, arguing that Selex ES
is a ‘‘local’’ option for KCATA.
Although Selex ES markets, designs,
stages, ships, and services DMR Tier III
Trunked Radio Systems and is based in
Kansas, Selex ES does not provide a
system that is compliant with FTA’s
Buy America requirement for
manufactured goods. As noted above,
Buy America applies to manufactured
E:\FR\FM\19APN1.SGM
19APN1
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
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:02 Apr 18, 2016
Jkt 238001
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
Frm 00114
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:
E:\FR\FM\19APN1.SGM
19APN1
]]>Agencies
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Pages 23076-23077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08989]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0002]
Notice of Buy America Waiver for a Radio Communications System
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Buy America waiver.
-----------------------------------------------------------------------
SUMMARY: In response to the request of the Kansas City Area
Transportation Authority (KCATA) for a Buy America waiver for a DMR
Tier III Trunked UHF Voice radio system that is compatible with its
current system, the Federal Transit Administration (FTA) hereby waives
its Buy America requirements finding that the materials for which a
waiver is requested are not produced in the United States in sufficient
and reasonably available quantities and of a satisfactory quality. This
waiver is limited to a single procurement by KCATA for the DMR Tier III
Trunked UHF Voice radio system.
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 non-availability waiver for KCATA's
procurement of a DMR Tier III Trunked UHF radio system 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 non-availability waiver.
49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c).
KCATA provides public transportation services in the Kansas City,
Missouri, 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 escalating maintenance costs. 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) on December 16, 2014, 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 one 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 supplied for the project
would be assembled in New Zealand, making them non-compliant with Buy
America.
Neither KCATA nor FTA has identified any companies in the United
States that can meet the Buy America requirements for this project. FTA
also conducted a scouting search for a U.S. manufacturer of a
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 did not result in identifying any domestic
manufacturers who could provide the equipment required by KCATA.
On Wednesday, March 22, 2016, and in accordance with 49 U.S.C.
5323(j)(3)(A), FTA published a notice in the Federal Register (81 FR
15410) requesting public comment on, among other topics, the merits of
KCATA's waiver request and potential effects of granting the waiver.
The public comment period closed on March 29, 2016. FTA received only
once comment.
Selex ES, a subsidiary of an Italian company with its North America
headquarters in Overland Park, Kansas, commented that although it did
not submit a proposal to KCATA's RFP, it can supply a DMR Tier III
Trunked Radio Systems similar to the system proposed by Tait, arguing
that Selex ES is a ``local'' option for KCATA. Although Selex ES
markets, designs, stages, ships, and services DMR Tier III Trunked
Radio Systems and is based in Kansas, Selex ES does not provide a
system that is compliant with FTA's Buy America requirement for
manufactured goods. As noted above, Buy America applies to manufactured
[[Page 23077]]
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
