Notice of Proposed Buy America Waiver for Replacement Parts on Diesel Multiple Unit Rail Vehicles, 76997-76999 [2016-26653]
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Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices
and (3) the U.S. Department of
Transportation, Office of the General
Counsel, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
Decided: November 1, 2016.
By the Board, Chairman Elliott, Vice
Chairman Miller, and Commissioner
Begeman.
Brendetta S. Jones,
Clearance Clerk.
Issued in Washington, DC, on October 31,
2016.
Elliott Black,
Director, Office of Airport Planning and
Programming.
[FR Doc. 2016–26630 Filed 11–3–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[FR Doc. 2016–26724 Filed 11–3–16; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Notice of Cancellation of
Environmental Impact Statement for
the Norfolk International Airport,
Norfolk, Virginia
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of cancellation of
preparation of environmental impact
statement.
AGENCY:
Federal Aviation Administration
[Docket No. FAA–2016–9346]
Passenger Facility Charge (PFC)
Program; Draft FAA Order 5500.1B
Federal Aviation
Administration (FAA), DOT.
AGENCY:
ACTION:
Notice of withdrawal.
FAA is rescinding the draft
FAA Order 5500.1B, Passenger Facility
Charge published on August 5, 2016,
and withdrawing its request for public
review and comment.
SUMMARY:
The FAA previously extended
the comment period to October 31,
2016. FAA subsequently established a
public Docket FAA 2016–9346 and
comments received will be entered into
the public Docket.
DATES:
Joe
Hebert, Manager, Financial Analysis
and Passenger Facility Charge Branch,
APP–510, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591,
telephone (202) 267–8375; facsimile
(202) 267–5302.
FOR FURTHER INFORMATION CONTACT:
On August
5, 2016, the FAA published a notice and
request for comments titled ‘‘Passenger
Facility Charge (PFC) Program; Draft
FAA Order 5500.1B’’ (81 FR 51963). The
notice requested interested parties
submit written comments by September
30, 2016. On September 21, 2016, the
FAA extended the original comment
period by 31 days, from September 30,
2016, to October 31, 2016.
After careful consideration, the FAA
has decided to rescind the draft Order
and cancel the public review process.
The FAA will issue a revised draft in
the near future for public review and
comment.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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The Federal Aviation
Administration (FAA) announces that it
has discontinued preparation of an
Environmental Impact Statement (EIS)
for the proposed construction of new
Runway 5R/23L and associated
development at Norfolk International
Airport, Norfolk, Virginia. The FAA’s
discontinued preparation of the EIS is
based upon the completion of the first
phase of the EIS. Based on the results of
the first phase (Scoping and Purpose &
Need development), the FAA has
determined that the fundamental
purpose and need is not supported by
the current or anticipated development
needs of the Airport at this time.
FOR FURTHER INFORMATION CONTACT:
Marcus Brundage, Environmental
Protection Specialist, Federal Aviation
Administration, Washington Airports
District Office, 23723 Air Freight Lane,
Suite 210, Dulles, Virginia 20166;
Telephone (703) 661–1365.
SUPPLEMENTARY INFORMATION: On June
12, 2015, the FAA, published in the
Federal Register a Notice of Intent (NOI)
to prepare an Environmental Impact
Statement (EIS) and hold two public
scoping meetings in Norfolk and
Virginia Beach, Virginia (Volume 80,
Number 113, FR 33582–33583). The
public meetings were held at the
Bayside High School and at the Holiday
Inn Norfolk Airport on July 22 and 23,
2015, respectively.
The stated purpose of the project was
to ‘‘meet relevant FAA airfield safety
standards and enhance airfield safety
without reducing runway availability.’’
The proposed project included the
decommissioning and demolition of
Runway 14/32, the construction of new
Runway 5R/23L and associated
development at the airport, and
SUMMARY:
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76997
improvement of roadway access to the
airport by realigning Robin Hood Road.
Other associated infrastructure was
proposed for construction or demolition
or relocation including taxiways,
lighting, hangers, maintenance facilities,
runway safety areas and runway
protection zones.
In 2001, the FAA began preparing an
EIS for similar projects based on the
need to accommodate additional
operations at the airport. During the first
EIS process, the needs of the airport
changed and it was determined that the
projects were no longer justified based
on the stated need and the preparation
of the first EIS was cancelled. In 2013,
the FAA agreed to proceed with a
phased second EIS preparation to
review a similar project proposed by the
Norfolk Airport Authority. The first
phase of the project consisted of
consultant selection, EIS scoping, and
an analysis of the proposed project’s
purpose and need to determine if the
FAA should continue to the second
phase, which would be completion of
the EIS and determination.
At the conclusion of the first phase of
the second EIS, the FAA determined
that the fundamental purpose and need
of the projects were not supported by
the current or anticipated needs of the
airport. The FAA is now terminating the
second EIS process. However, the FAA
recognizes the importance of ORF to the
greater Norfolk/Hampton Roads region
and to the Commonwealth of Virginia.
Moreover, the FAA agrees that a parallel
runway may still be a viable long-term
plan for the future, if and when
operational demand warrants.
Therefore, the FAA continues to support
the proposed runway remaining on the
approved Airport Layout Plan, as
conditionally approved pending
environmental review on October 5,
2011, and protecting the associated
airspace.
Issued in Dulles, Virginia on October 28,
2016.
Matthew J. Thys,
Manager, Washington Airports District Office,
Eastern Region.
[FR Doc. 2016–26631 Filed 11–3–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0036]
Notice of Proposed Buy America
Waiver for Replacement Parts on
Diesel Multiple Unit Rail Vehicles
AGENCY:
Federal Transit Administration,
DOT.
E:\FR\FM\04NON1.SGM
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76998
Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices
ACTION:
Notice of proposed Buy America
waiver and request for comment.
2000 (65 FR 19477), or you may visit
https://www.regulations.gov.
The Federal Transit
Administration (FTA) received a request
from the North County Transit District
(NCTD) in California for a Buy America
non-availability waiver for the
procurement of specified replacement
parts for Diesel Multiple Unit (DMU)
rail vehicles. The 12 DMU rail vehicles
were manufactured by Siemens as a part
of their Desiro series and were placed in
revenue service in 2008. Mid-life
maintenance and replacement overhauls
of vehicle parts are now required in
order to ensure safe and continuous
transit service. 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.
DATES: Comments must be received by
November 14, 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–2016–0036:
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–2016–0036. 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,
FOR FURTHER INFORMATION CONTACT:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:52 Nov 03, 2016
Jkt 241001
Cecelia Comito, Assistant Chief
Counsel, at (202) 366–2217 or
cecelia.comito@dot.gov.
The
purpose of this notice is to provide
notice and seek comment on whether
the FTA should grant a non-availability
waiver for NCTD’s purchase of
replacement parts on their Siemensmanufactured Desiro series DMU rail
vehicles, including, but not limited to,
Power Pack Assembly, Power Truck
Assembly, Jakobs Truck Assembly,
Transmission, Primary Suspension,
Secondary Suspension, Power Wheelset
Assembly, Power Truck Brake Rotors,
Jakobs Truck Brake Rotors, Power Truck
Wheels, Jakobs Truck Wheels, A/C
Compressors, and Carbody Brake
Components, Automatic Train Couplers,
and HVAC Roof Mounted Units (the
‘‘Replacement Parts’’). The Replacement
Parts are necessary for mid-life
maintenance of the DMU rail vehicles.
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).
NCTD provides transit service to the
entire North San Diego County, serving
more than 12 million riders annually. In
2003, NCTD requested and received
from FTA a non-availability Buy
America waiver for the procurement of
12 DMU vehicles for use on NCTD’s
Sprinter line, with 15 light rail stations
between the cities of Escondido and
Oceanside. NCTD purchased the 12
DMU vehicles in 2004 and placed the
vehicles into revenue service in 2008 on
NCTD’s Sprinter line. The useful life of
the vehicles is 25 years.
SUPPLEMENTARY INFORMATION:
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According to NCTD, the
Replacements Parts for the DMU
vehicles are nearing the end of their
useful service lives and showing signs
of wear and fatigue. Without periodic
capital equipment replacement and/or
rebuild, the likelihood of mechanical
downtime increases significantly,
equating to prolonged service outages
for riders. In March 2013, NCTD
removed the Sprinter service from
revenue service for more than two
months due to premature wear of one of
the three braking systems and
unavailability of domestic replacement
parts. NCTD intends to replace the
components over several phases during
the coming years, from 2018 through
2026. The last phase is anticipated to be
procured over a subsequent seven-year
period. Any non-availability waiver
granted would be effective for all phases
of these projects and will expire upon
completion of these projects.
As a part of its search for domestic
Replacement Parts, NCTD issued a
Request for Information (RFI) on
November 12, 2013 to maintenance and
engineering communities to determine
if any firms existed that could either
supply Buy America compliant parts
and components, or reverse engineer the
parts and components utilizing plans
and specifications provided. More than
300 vendors received the RFI; 19
downloaded the RFI. One vendor
responded that ‘‘with proper
specifications, drawings, and samples,
we may be able to design and supply
Buy America Compliant, OE equivalent,
air bellows, primary suspension, and
passenger bellows.’’ However, the
original equipment manufacturer
(‘‘OEM’’) would not provide the
requested proprietary information.
NCTD undertook three additional
procurements for the Replacement Parts.
Three responses were received; none
could certify to Buy America
compliance. 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.’’
NCTD’s 12 vehicles are the only
Siemens Sprinter vehicles in the United
States. Additionally, since these
vehicles were specifically designed to
meet California Public Utilities
Commission rail safety requirements,
Sprinter is the only vehicle of its kind
internationally. NCTD’s multiple
procurement efforts have demonstrated
that there are no suppliers willing to
invest in infrastructure to manufacture
parts that are suitable only for NCTD’s
12 vehicles.
E:\FR\FM\04NON1.SGM
04NON1
Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices
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
Replacement Parts in the United States.
The 12 DMUs purchased by NCTD
were granted a waiver from Buy
America. NCTD’s efforts to identify
domestic manufacturers for the various
Replacement Parts were unsuccessful.
FTA proposes to grant NCTD a nonavailability waiver of the Buy America
requirements for the Replacement Parts
for the 12 DMUs which will be acquired
for the replacement of the components
over several phases from 2018 through
2026. Any non-availability waiver
granted would be effective for all phases
of these projects and will include
Replacement Parts acquired to maintain
the DMUs for their 25-year useful life.
The purpose of this notice is to
publish NCTD’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. 2016–26653 Filed 11–3–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[Docket No. FTA–2016–0035]
Notice of Proposed Buy America
Public Interest Waiver for Hurricane
Sandy Emergency Relief Work
Performed for the World Trade Center
AGENCY:
Federal Transit Administration,
DOT.
Notice of Proposed Buy America
waiver and request for comment.
ACTION:
The Federal Transit
Administration (FTA) received a request
SUMMARY:
VerDate Sep<11>2014
17:52 Nov 03, 2016
Jkt 241001
from the Port Authority of New York
and New Jersey (PANYNJ) for a Buy
America public interest waiver for the
procurement of equipment to replace
what was damaged at the World Trade
Center Transportation Hub (WTC Hub)
project during Hurricane Sandy.
PANYNJ seeks a public interest Buy
America waiver for the replacement of
equipment previously purchased for the
WTC Hub. Hurricane Sandy damaged an
existing construction site that receives
federal funds but is not subject to FTA’s
Buy America requirements and the only
option PANYNJ had to implement
Sandy recovery work was to replace the
damaged equipment with the same
equipment previously acquired for the
project. 49 U.S.C. 5323(j)(2)(A) and 49
CFR 661.7(b). In accordance with 49
U.S.C. 5323(j)(3)(A), FTA is providing
notice of the public interest waiver
request and seeks public comment
before deciding whether to grant the
request. If granted, the waiver would
only apply to replacement of equipment
damaged by Hurricane Sandy at the
WTC Hub project and would not apply
to any other PANYNJ resiliency projects
for which FTA has provided funding.
DATES: Comments must be received by
November 14, 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–2016–0035.
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–2016–0035. 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
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
76999
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:
Cecelia Comito, FTA Assistant Chief
Counsel, (202) 366–2217 or
Cecelia.comito@dot.gov.
SUPPLEMENTARY INFORMATION: The
purpose of this notice is to provide
notice and seek public comment on
whether the FTA should grant a public
interest waiver to the Port Authority of
New York and New Jersey (PANYNJ) for
the procurement of replacement
equipment damaged by Hurricane
Sandy at the World Trade Center
Transportation Hub (WTC Hub) project.
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). If, however, FTA finds
that the application of this requirement
would be inconsistent with the public
interest, it may waive this requirement.
49 U.S.C. 5323(j)(2)(A). In determining
whether the conditions exist to grant a
public interest waiver, FTA will
consider all appropriate factors on a
case-by-case basis, unless a general
exception is specifically set out in this
part. 49 U.S.C. 5323(j)(2)(A); 49 CFR
661.7(b).
On May 13, 2015, PANYNJ requested
a Buy America waiver for the
replacement or repair of equipment
damaged by Hurricane Sandy at the
WTC Hub because the WTC Hub project
is being constructed pursuant to a grant
awarded in 2003, it is not feasible to
replace the damaged equipment with
equipment that is different than that
used in the original project and it is in
the public’s interest to repair the
damage at the WTC Hub as quickly as
possible. 49 U.S.C. 5323(j)(2)(A); 49 CFR
661.7(b). Additionally, the underlying
project is not subject to FTA’s Buy
America requirements.
The September 11, 2001 terrorist
attacks on the World Trade Center
resulted in extensive damage to the
WTC Hub. In August 2002, the Federal
Emergency Management Agency
(FEMA) entered into a memorandum of
agreement with the U.S. Department of
Transportation under which FEMA
agreed to provide $2.75 billion to cover
E:\FR\FM\04NON1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Pages 76997-76999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26653]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0036]
Notice of Proposed Buy America Waiver for Replacement Parts on
Diesel Multiple Unit Rail Vehicles
AGENCY: Federal Transit Administration, DOT.
[[Page 76998]]
ACTION: Notice of proposed Buy America waiver and request for comment.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) received a request
from the North County Transit District (NCTD) in California for a Buy
America non-availability waiver for the procurement of specified
replacement parts for Diesel Multiple Unit (DMU) rail vehicles. The 12
DMU rail vehicles were manufactured by Siemens as a part of their
Desiro series and were placed in revenue service in 2008. Mid-life
maintenance and replacement overhauls of vehicle parts are now required
in order to ensure safe and continuous transit service. 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.
DATES: Comments must be received by November 14, 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-2016-0036:
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-2016-0036. 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: 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 NCTD's purchase of replacement parts on their
Siemens-manufactured Desiro series DMU rail vehicles, including, but
not limited to, Power Pack Assembly, Power Truck Assembly, Jakobs Truck
Assembly, Transmission, Primary Suspension, Secondary Suspension, Power
Wheelset Assembly, Power Truck Brake Rotors, Jakobs Truck Brake Rotors,
Power Truck Wheels, Jakobs Truck Wheels, A/C Compressors, and Carbody
Brake Components, Automatic Train Couplers, and HVAC Roof Mounted Units
(the ``Replacement Parts''). The Replacement Parts are necessary for
mid-life maintenance of the DMU rail vehicles.
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).
NCTD provides transit service to the entire North San Diego County,
serving more than 12 million riders annually. In 2003, NCTD requested
and received from FTA a non-availability Buy America waiver for the
procurement of 12 DMU vehicles for use on NCTD's Sprinter line, with 15
light rail stations between the cities of Escondido and Oceanside. NCTD
purchased the 12 DMU vehicles in 2004 and placed the vehicles into
revenue service in 2008 on NCTD's Sprinter line. The useful life of the
vehicles is 25 years.
According to NCTD, the Replacements Parts for the DMU vehicles are
nearing the end of their useful service lives and showing signs of wear
and fatigue. Without periodic capital equipment replacement and/or
rebuild, the likelihood of mechanical downtime increases significantly,
equating to prolonged service outages for riders. In March 2013, NCTD
removed the Sprinter service from revenue service for more than two
months due to premature wear of one of the three braking systems and
unavailability of domestic replacement parts. NCTD intends to replace
the components over several phases during the coming years, from 2018
through 2026. The last phase is anticipated to be procured over a
subsequent seven-year period. Any non-availability waiver granted would
be effective for all phases of these projects and will expire upon
completion of these projects.
As a part of its search for domestic Replacement Parts, NCTD issued
a Request for Information (RFI) on November 12, 2013 to maintenance and
engineering communities to determine if any firms existed that could
either supply Buy America compliant parts and components, or reverse
engineer the parts and components utilizing plans and specifications
provided. More than 300 vendors received the RFI; 19 downloaded the
RFI. One vendor responded that ``with proper specifications, drawings,
and samples, we may be able to design and supply Buy America Compliant,
OE equivalent, air bellows, primary suspension, and passenger
bellows.'' However, the original equipment manufacturer (``OEM'') would
not provide the requested proprietary information. NCTD undertook three
additional procurements for the Replacement Parts. Three responses were
received; none could certify to Buy America compliance. 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.''
NCTD's 12 vehicles are the only Siemens Sprinter vehicles in the
United States. Additionally, since these vehicles were specifically
designed to meet California Public Utilities Commission rail safety
requirements, Sprinter is the only vehicle of its kind internationally.
NCTD's multiple procurement efforts have demonstrated that there are no
suppliers willing to invest in infrastructure to manufacture parts that
are suitable only for NCTD's 12 vehicles.
[[Page 76999]]
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 Replacement Parts in the United
States.
The 12 DMUs purchased by NCTD were granted a waiver from Buy
America. NCTD's efforts to identify domestic manufacturers for the
various Replacement Parts were unsuccessful. FTA proposes to grant NCTD
a non-availability waiver of the Buy America requirements for the
Replacement Parts for the 12 DMUs which will be acquired for the
replacement of the components over several phases from 2018 through
2026. Any non-availability waiver granted would be effective for all
phases of these projects and will include Replacement Parts acquired to
maintain the DMUs for their 25-year useful life.
The purpose of this notice is to publish NCTD'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. 2016-26653 Filed 11-3-16; 8:45 am]
BILLING CODE P
