Notice of Buy America Waiver for Ultrastraight Rail, 89573-89574 [2016-29684]
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Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
rebuild the WTC Hub. Because the WTC
Hub project was funded with FEMA
grant funds, FTA’s Buy America
requirements did not apply to the
project.
In October 2012, the WTC Hub project
was an active construction site, with an
estimated project completion date of
December 2015. Hurricane Sandy
caused extensive damage to the
construction site, resulting in more than
$214 million in damage to the
construction site. FTA awarded
PANYNJ two grants—NY–44–X005 for
$54.24 million and NY–44–X014 for
$159.72 million—in Hurricane Sandy
recovery funds to be used for recovery
and emergency repair work for the WTC
Hub project. Because the repair work
was for an ongoing construction project,
PANYNJ was required to use existing
contracts that were originally procured
in accordance with the requirements for
the FEMA-funded WTC Hub project. To
apply FTA’s Buy America requirements
to replace or repair equipment installed
on an ongoing construction project
would result in significant delay to
completion of the project, impact
contracts awarded under the FEMA
funds, and potentially impact
previously provided warranties.
Moreover, a public interest waiver
would maintain overall consistency of
administration, oversight and
implementation of both the ongoing
WTC Hub project and the WTC
Hurricane Sandy recovery work.
On November 4, 2016, and in
accordance with 49 U.S.C. 5323(j)(3)(A),
FTA published a notice in the Federal
Register announcing PANYNJ’s Buy
America waiver request (81 FR 76999)
seeking public comment. The comment
period closed on November 14, 2016,
and FTA received one comment. The
comment was provided by a private
citizen who supports granting the
waiver. The commenter noted that the
WTC Hub is a critical connection for
Lower Manhattan employers and New
Jersey employees. The commenter also
noted while projects that abide to the
Buy America requirements promote
domestic industry and the livelihoods
or hard-working Americans, that
occurrences like Hurricane Sandy
demonstrate the need for flexibility to
waive Buy America under certain
circumstances.
Accordingly, because the original
project was funded by FEMA and
therefore, not subject to FTA’s Buy
America regulations, and the lack of any
comments opposing the waiver, FTA is
granting a general public interest waiver
of FTA’s Buy America requirements for
the two grants, NY–44–X005 for $54.24
million and NY–44–X014 for $159.72
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18:59 Dec 09, 2016
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million—awarded to PANYNJ. This
public interest waiver is limited to the
Hurricane Sandy recovery projects at
the WTC Hub only, and does not apply
to separately funded resiliency projects.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016–29686 Filed 12–9–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0037]
Notice of Buy America Waiver for
Ultrastraight Rail
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of Buy America waiver.
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 approximately
15,100 feet ultrastraight rail for a
portion of its Northgate Link light rail
extension to avoid exceedance of
contractually-mandated vibration
thresholds. The 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 a single procurement by
Sound Transit.
DATES: The waiver is effective
immediately.
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 announce
that FTA has granted a Buy America
non-availability waiver for Sound
Transit for the procurement of
approximately 15,100 feet of
ultrastraight rail pursuant to 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
SUMMARY:
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89573
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).
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 ultrastraight 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
E:\FR\FM\12DEN1.SGM
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89574
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
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. FTA published a notice in the
Federal Register announcing the Buy
America waiver request (Docket No.
FTA–2016–0037) and sought comments
from all interested parties, including
potential vendors and suppliers. The
comment period closed on November 8,
2016, and no comments were received.
Therefore, based on the information
supplied in support of Sound Transit’s
request for a Buy America waiver and
the lack of any comments, FTA hereby
waives its Buy America requirements
for the procurement of ultrastraight rail
on the grounds that the manufactured
product is not available in the U.S. This
waiver is limited to a single
procurement by Sound Transit for the
procurement of approximately 15,100
feet of ultrastraight rail.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016–29684 Filed 12–9–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0571]
Agency Information Collection Activity
Under OMB Review: (Customer
Satisfaction Surveys)
National Cemetery
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
The Department of Veterans
Affairs (VA) National Cemetery
Administration (NCA) is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each revised
collection allow 30 days for public
comment in response to the notice. This
notice solicits comments on the
collection of perceptions of the quality
of service afforded by the National
Cemetery Administration as judged by
next of kin of those interred, or funeral
directors who facilitate these
interments.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before January 11, 2017.
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
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18:59 Dec 09, 2016
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Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attn: VA Desk Officer; 725 17th
St. NW., Washington, DC 20503 or sent
through electronic mail to oira_
submission@omb.eop.gov. Please refer
to ‘‘OMB Control No. 2900–0571’’ in
any correspondence. During the
comment period, comments may be
viewed online through the FDMS.
FOR FURTHER INFORMATION CONTACT:
Cynthia Harvey-Pryor, Enterprise
Records Service (005R1B), Department
of Veterans Affairs, 810 Vermont
Avenue NW., Washington, DC 20420,
(202) 461–5870 or email cynthia.harveypryor@va.gov. Please refer to ‘‘OMB
Control No. 2900–0571.’’
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995 (Pub. L. 104–13; 44 U.S.C.
3501–21), Federal agencies must obtain
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
This request for comment is being made
pursuant to Section 3506(c)(2)(A) of the
PRA.
With respect to the following
collection of information, NCA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of NCA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of NCA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Title: Customer Satisfaction Surveys.
OMB Control Number: 2900–0571.
Type of Review: Revision of an
approved collection.
Abstract: Improving Customer Service
through Effective Performance
Management, NCA will conduct surveys
to determine the level of satisfaction
with existing services among their
customers. The surveys will solicit
voluntary opinions and are not intended
to collect information required to obtain
or maintain eligibility for a VA program
or benefit. Baseline data obtained
through these information collections
are used to validate customer service
standards. The Federal Register Notice
with a 60-day comment period soliciting
comments on this collection of
ADDRESSES:
PO 00000
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Fmt 4703
Sfmt 4703
information was published at 81 FR
66136 on September 26, 2016,
Affected Public: Individuals or
households interring Veterans or
eligible dependents, and funeral
directors facilitating such interments.
Estimated Annual Burden Hours,
Burden per Respondents, and Number
of Respondents:
I. National Cemetery Administration
Mail Surveys
a. Next of Kin National Customer
Satisfaction Survey (Mail to 15,000
respondents/30 minutes per survey) =
7,500 hours.
b. Funeral Directors National
Customer Satisfaction Survey (Mail to
4,000 respondents/30 minutes per
survey) = 2,000 hours.
c. Veterans-At-Large National
Customer Satisfaction Survey (Mail to
5,000 respondents/30 minutes per
survey) = 2,500 hours.
IV. Program/Specialized Service Survey
National Cemetery Administration
Headstone and Marker/PMC Survey
(Mail to 6,000 surveys/15 minutes per
each) = 1,000.
Frequency of Response: Annually.
By direction of the Secretary.
Cynthia Harvey-Pryor,
Program Specialist, Office of Privacy and
Records Management, Department of
Veterans Affairs.
[FR Doc. 2016–29665 Filed 12–9–16; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0554]
Agency Information Collection Activity
Under OMB Review: (VA Homeless
Providers Grant and Per Diem
Program)
Veterans Health
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3521), this notice
announces that the Veterans Health
Administration (VHA), Department of
Veterans Affairs, will submit the
collection of information abstracted
below to the Office of Management and
Budget (OMB) for review and comment.
The PRA submission describes the
nature of the information collection and
its expected cost and burden; it includes
the actual data collection instrument.
DATES: Comments must be submitted on
or before January 11, 2017.
SUMMARY:
E:\FR\FM\12DEN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89573-89574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29684]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0037]
Notice of Buy America Waiver for Ultrastraight Rail
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Buy America waiver.
-----------------------------------------------------------------------
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 approximately 15,100
feet ultrastraight rail for a portion of its Northgate Link light rail
extension to avoid exceedance of contractually-mandated vibration
thresholds. The 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 a single
procurement by Sound Transit.
DATES: The waiver is effective immediately.
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 announce
that FTA has granted a Buy America non-availability waiver for Sound
Transit for the procurement of approximately 15,100 feet of
ultrastraight rail pursuant to 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). ``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).
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
ultrastraight 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
[[Page 89574]]
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. FTA
published a notice in the Federal Register announcing the Buy America
waiver request (Docket No. FTA-2016-0037) and sought comments from all
interested parties, including potential vendors and suppliers. The
comment period closed on November 8, 2016, and no comments were
received.
Therefore, based on the information supplied in support of Sound
Transit's request for a Buy America waiver and the lack of any
comments, FTA hereby waives its Buy America requirements for the
procurement of ultrastraight rail on the grounds that the manufactured
product is not available in the U.S. This waiver is limited to a single
procurement by Sound Transit for the procurement of approximately
15,100 feet of ultrastraight rail.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016-29684 Filed 12-9-16; 8:45 am]
BILLING CODE P
