Notice of Proposed Buy America Waiver for Ultrastraight Rail, 75903-75904 [2016-26316]
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
they are not produced in the United
States in sufficiently and reasonably
available quantities or of a satisfactory
quality. 49 U.S.C. 5323(j)(2)(B); 49 CFR
661.7(c).
GDRTA is a public transit agency that
serves Montgomery and Western Green
counties in Ohio. GDRTA provides more
than 9 million passenger trips per year
on 31 routes throughout the region. In
January 2014, GDRTA conducted a
technology scope development project
to determine how technology
enhancements could improve its
operational efficiency; this included a
voice and data communication
alternatives analysis. GDRTA
comprehensively examined various
technologies available for its voice and
data communication needs. GDRTA
compared and evaluated the differences
between radio and cellular-based
communication, including a cost
analysis, reliability assessment, and
long-range maintenance and operational
differences. On August 5, 2014, the
GDRTA Board approved the adoption of
a mixed communication system for the
agency, which would employ both voice
and cellular data systems. GDRTA
would join Montgomery County’s
800MHz analog trunked system, instead
of continuing to own a 450 MHz radio
system.
Montgomery County’s analog system
uses proprietary Motorola
SmartNetTrunking, and all equipment
must be original equipment
manufacturer (OEM) Motorola devices.
All equipment must also be
programmed to use the County’s
800MHz analog system and have the
ability to work on the MARCS 800 MHz
digital system without any additional
hardware. In November 2014, GDRTA
purchased Motorola mobile and
portable radios for its supervisors and
its diesel, trolly, paratransit,
maintenance, and support vehicles. The
procurement and installation of the
radio consoles is the final step to move
GDRTA’s communication system to
Montgomery County’s system.
Motorola manufactures equipment
both domestically and overseas. While
the voice processing module portion of
the radio consoles are currently
manufactured in Illinois, the other
components are manufactured in
Mexico. Thus, GDRTA is seeking a Buy
America non-availability waiver under
49 CFR 661.7(c)(1) for the radio
consoles.
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
VerDate Sep<11>2014
00:01 Nov 01, 2016
Jkt 241001
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).
Finally, under 49 U.S.C. 5323(j)(6),
FTA cannot deny an application for a
waiver based on non-availability unless
FTA can certify that (i) the steel, iron,
or manufactured good (the ‘‘item’’) is
produced in the United States in a
sufficient and reasonably available
amount; and (ii) the item produced in
the United States is of a satisfactory
quality. Additionally, FTA must provide
a list of known manufacturers in the
United States from which the item can
be obtained. FTA is not aware of any
manufacturers who produce the
required radio consoles in the United
States.
The purpose of this notice is to
publish GDRTA’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. After
consideration of the comments, FTA
will publish a second notice in the
Federal Register with a response to
comments and noting any changes made
to the proposed waiver as a result of the
comments received.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016–26317 Filed 10–31–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0037]
Notice of Proposed Buy America
Waiver for Ultrastraight Rail
AGENCY:
Federal Transit Administration,
DOT.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
75903
Notice of proposed Buy America
waiver and request for comment.
ACTION:
The Federal Transit
Administration (FTA) received a request
from the Central Puget Sound Transit
Authority (Sound Transit) for a Buy
America non-availability waiver for the
procurement of ultrastraight rail. Sound
Transit seeks to procure ultrastraight
rail for a portion of its Northgate Link
light rail extension to avoid exceedance
of contractually-mandated vibration
thresholds. Sound Transit seeks a
waiver because there is no domestic
manufacturer available to produce rail
that has passed the applicable vibration
testing standards. 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 would apply to a one-time
FTA-funded procurement by Sound
Transit.
SUMMARY:
Comments must be received by
November 8, 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–2016–0037.
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–2016–0037. 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
ADDRESSES:
E:\FR\FM\01NON1.SGM
01NON1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
75904
Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
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:
Cecelia Comito, Assistant Chief
Counsel, at (202) 366–2217 or
cecelia.comito@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 Sound Transit’s purchase of
approximately 15,100 feet of
ultrastraight rail. On February 23, 2016,
Sound Transit requested a Buy America
waiver for the ultrastraight rail because
the as-installed condition of
ultrastraight rail, procured from a
domestic manufacturer, failed to meet
applicable vibration threshold
requirements. Sound Transit estimates
that the ultrastraight rail will cost
approximately $300,000.
Sound Transit’s Northgate Link
extension is a $1.9 billion rail project
that consists of 4.3 miles and 3 new
stations, and runs through residential
and employment areas, including the
University of Washington.
Approximately 15,100 feet of that
extension will run under the University
of Washington’s Health Sciences and
Physics-Astronomy buildings, which
house precision-measurement
laboratories and experiments conducted
by Nobel Prize winning faculty. The
project’s potential impact on the
University’s buildings was considered
as part of the environmental review
process required by the National
Environmental Policy Act (NEPA). In
2006, FTA issued a final Record of
Decision (ROD) for the project, and
required implementation of mitigation
measures, including a measure that
would minimize vibration under the
University buildings. Sound Transit
then executed a 2007 agreement with
the University of Washington in which
Sound Transit agreed to not exceed
specified vibration thresholds, which
could be met through use of
ultrastraight rail, with parameters for
that rail based on American Railway
Engineers Maintenance-of-Way
Association (‘‘AREMA’’) standards.
Sound Transit contacted domestic rail
manufacturers regarding their ability to
produce ultrastraight rail within the
agreed upon AREMA specifications for
the rail. Two leading manufacturers,
Steel Dynamics, Inc. (SDI) and EVRAZ
North America (EVRAZ), stated
unequivocally that they are unable to
fabricate rail that meets the
specification. Sound Transit
VerDate Sep<11>2014
00:01 Nov 01, 2016
Jkt 241001
subsequently explored using
domestically-sourced, milled rail.
However, testing of the as-installed
milled rail found that the rail failed to
meet the applicable vibration
thresholds. Due to its unsuccessful
efforts to procure domestically-sourced
ultrastraight rail within the vibration
thresholds, Sound Transit seeks a nonavailability waiver of the Buy America
requirements for domestically-sourced
steel.
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). The steel and iron
requirements apply to all construction
materials made primarily of steel or iron
and used in infrastructure projects such
as transit or maintenance facilities, rail
lines, and bridges. These items include,
but are not limited to, structural steel or
iron, steel or iron beams and columns,
running rail and contact rail. For steel
or iron to be considered produced in the
United States, all steel and iron
manufacturing processes must take
place in the United States, except
metallurgical processes involving
refinement of steel additives. 49 CFR
661.5.
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). Any nonavailability waiver granted would be
effective for a one-time procurement of
the rail and would expire upon
completion of that procurement.
Finally, under 49 U.S.C. 5323(j)(6),
FTA cannot deny an application for a
waiver based on non-availability unless
FTA can certify that (i) the steel, iron,
or manufactured good (the ‘‘item’’) is
produced in the United States in a
sufficient and reasonably available
amount; and (ii) the item produced in
the United States is of a satisfactory
quality. Additionally, FTA must provide
a list of known manufacturers in the
United States from which the item can
be obtained. FTA is not aware of any
manufacturers who produce
ultrastraight rail that would meet the
required parameters in the United
States.
Sound Transit conducted an extensive
search for a domestic manufacturer of
ultrastraight rail, including testing
domestically-sourced, milled rail.
Unfortunately, testing of the as-installed
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
milled rail found that the rail failed to
meet the applicable vibration
thresholds. Due to its unsuccessful
efforts to procure domestically-sourced
ultrastraight rail within the vibration
thresholds, FTA proposes to grant
Sound Transit a non-availability waiver
of the Buy America requirements for
15,100 feet of ultrastraight rail, as
required in the 2007 agreement between
Sound Transit and the University. This
non-availability waiver would be
effective for a one-time procurement of
the rail and would expire upon
completion of that procurement.
The purpose of this notice is to
publish Sound Transit’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. After
consideration of the comments, FTA
will publish a second notice in the
Federal Register with a response to
comments and noting any changes made
to the proposed waiver as a result of the
comments received.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016–26316 Filed 10–31–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
[Docket No. DOT–MARAD 2016–0110]
Agency Requests for Renewal of a
Previously Approved Information
Collection(s): Approval of Underwriters
of Marine Hull Insurance
Maritime Administration,
Department of Transportation.
ACTION: Notice and request for
comments.
AGENCY:
The Maritime Administration
(MARAD) invites public comments
about our intention to request the Office
of Management and Budget (OMB)
approval to renew an information
collection. The information is needed in
order for Maritime Administration
officials to evaluate the underwriters
and determine their suitability for
providing marine hull insurance on
Maritime Administration vessels. We
are required to publish this notice in the
Federal Register by the Paperwork
Reduction Act of 1995, Public Law 104–
13.
DATES: Written comments should be
submitted by January 3, 2017.
ADDRESSES: You may submit comments
[identified by Docket No. DOT–
SUMMARY:
E:\FR\FM\01NON1.SGM
01NON1
]]>Agencies
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75903-75904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26316]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0037]
Notice of Proposed Buy America Waiver for Ultrastraight Rail
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 Central Puget Sound Transit Authority (Sound Transit) for a
Buy America non-availability waiver for the procurement of
ultrastraight rail. Sound Transit seeks to procure ultrastraight rail
for a portion of its Northgate Link light rail extension to avoid
exceedance of contractually-mandated vibration thresholds. Sound
Transit seeks a waiver because there is no domestic manufacturer
available to produce rail that has passed the applicable vibration
testing standards. 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 would
apply to a one-time FTA-funded procurement by Sound Transit.
DATES: Comments must be received by November 8, 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-2016-0037.
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-2016-0037. 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
[[Page 75904]]
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: Cecelia Comito, Assistant Chief
Counsel, at (202) 366-2217 or cecelia.comito@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 Sound Transit's purchase of approximately
15,100 feet of ultrastraight rail. On February 23, 2016, Sound Transit
requested a Buy America waiver for the ultrastraight rail because the
as-installed condition of ultrastraight rail, procured from a domestic
manufacturer, failed to meet applicable vibration threshold
requirements. Sound Transit estimates that the ultrastraight rail will
cost approximately $300,000.
Sound Transit's Northgate Link extension is a $1.9 billion rail
project that consists of 4.3 miles and 3 new stations, and runs through
residential and employment areas, including the University of
Washington. Approximately 15,100 feet of that extension will run under
the University of Washington's Health Sciences and Physics-Astronomy
buildings, which house precision-measurement laboratories and
experiments conducted by Nobel Prize winning faculty. The project's
potential impact on the University's buildings was considered as part
of the environmental review process required by the National
Environmental Policy Act (NEPA). In 2006, FTA issued a final Record of
Decision (ROD) for the project, and required implementation of
mitigation measures, including a measure that would minimize vibration
under the University buildings. Sound Transit then executed a 2007
agreement with the University of Washington in which Sound Transit
agreed to not exceed specified vibration thresholds, which could be met
through use of ultrastraight rail, with parameters for that rail based
on American Railway Engineers Maintenance-of-Way Association
(``AREMA'') standards.
Sound Transit contacted domestic rail manufacturers regarding their
ability to produce ultrastraight rail within the agreed upon AREMA
specifications for the rail. Two leading manufacturers, Steel Dynamics,
Inc. (SDI) and EVRAZ North America (EVRAZ), stated unequivocally that
they are unable to fabricate rail that meets the specification. Sound
Transit subsequently explored using domestically-sourced, milled rail.
However, testing of the as-installed milled rail found that the rail
failed to meet the applicable vibration thresholds. Due to its
unsuccessful efforts to procure domestically-sourced ultrastraight rail
within the vibration thresholds, Sound Transit seeks a non-availability
waiver of the Buy America requirements for domestically-sourced steel.
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). The steel and iron requirements apply to all construction
materials made primarily of steel or iron and used in infrastructure
projects such as transit or maintenance facilities, rail lines, and
bridges. These items include, but are not limited to, structural steel
or iron, steel or iron beams and columns, running rail and contact
rail. For steel or iron to be considered produced in the United States,
all steel and iron manufacturing processes must take place in the
United States, except metallurgical processes involving refinement of
steel additives. 49 CFR 661.5.
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). Any non-availability waiver granted
would be effective for a one-time procurement of the rail and would
expire upon completion of that procurement.
Finally, under 49 U.S.C. 5323(j)(6), FTA cannot deny an application
for a waiver based on non-availability unless FTA can certify that (i)
the steel, iron, or manufactured good (the ``item'') is produced in the
United States in a sufficient and reasonably available amount; and (ii)
the item produced in the United States is of a satisfactory quality.
Additionally, FTA must provide a list of known manufacturers in the
United States from which the item can be obtained. FTA is not aware of
any manufacturers who produce ultrastraight rail that would meet the
required parameters in the United States.
Sound Transit conducted an extensive search for a domestic
manufacturer of ultrastraight rail, including testing domestically-
sourced, milled rail. Unfortunately, testing of the as-installed milled
rail found that the rail failed to meet the applicable vibration
thresholds. Due to its unsuccessful efforts to procure domestically-
sourced ultrastraight rail within the vibration thresholds, FTA
proposes to grant Sound Transit a non-availability waiver of the Buy
America requirements for 15,100 feet of ultrastraight rail, as required
in the 2007 agreement between Sound Transit and the University. This
non-availability waiver would be effective for a one-time procurement
of the rail and would expire upon completion of that procurement.
The purpose of this notice is to publish Sound Transit'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. After consideration of the
comments, FTA will publish a second notice in the Federal Register with
a response to comments and noting any changes made to the proposed
waiver as a result of the comments received.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016-26316 Filed 10-31-16; 8:45 am]
BILLING CODE P
