Notice of Buy America Waiver for Radio Consoles, 89571-89572 [2016-29685]
Download as PDF
<![CDATA[
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
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).
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
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
requested proprietary information.
NCTD undertook three additional
procurements for the Replacement Parts.
Three responses were received; none
could certify to Buy America
compliance.
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.
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, and Replacement Parts are
necessary for mid-life maintenance of
the rail vehicles. Due to its unsuccessful
efforts to identify domestic
manufacturers, NCTD seeks a nonavailability waiver of the Buy America
requirements for the various
Replacement Parts. FTA published a
notice in the Federal Register
announcing the Buy America waiver
request (Docket No. FTA–2016–0036)
and sought comments from all
interested parties, including potential
vendors and suppliers. The comment
period closed on November 14, 2016,
and no comments were received.
Therefore, based on the information
provided in support of NCTD’s request
for a Buy America waiver and the lack
of any comments, FTA hereby waives its
Buy America requirements for the
procurement of the various Replacement
Parts on the grounds that the
manufactured product is not available
in the U.S. This waiver is limited to the
purchase of replacement parts for the 12
DMUs which will be acquired for the
replacement of the components over
several phases from 2018 through 2026.
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
89571
The waiver is effective for all phases of
these projects.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016–29707 Filed 12–9–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0038]
Notice of Buy America Waiver for
Radio Consoles
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of Buy America waiver.
In response to Greater Dayton
Regional Transit Authority’s (GDRTA)
request for a Buy America nonavailability waiver for the procurement
of radio consoles, which would be a part
of GDRTA’s new communication system
(‘‘radio consoles’’), 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 a single procurement by
GDRTA for the radio consoles.
DATES: This waiver is effective
immediately.
FOR FURTHER INFORMATION CONTACT:
Cecelia Comito, FTA 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 GDRTA for
the procurement of radio consoles 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
SUMMARY:
E:\FR\FM\12DEN1.SGM
12DEN1
mstockstill on DSK3G9T082PROD with NOTICES
89572
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
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).
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 adopted of
a mixed communication system for the
agency, which would employ both voice
and cellular data systems. GDRTA
would join Montgomery County’s 800
MHz 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 also must be
programmed to use the County’s 800
MHz 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 currently are
manufactured in Illinois, the other
components are manufactured in
Mexico. Thus, GDRTA submitted a
waiver request based on non-availability
under 49 CFR 661.7(c)(1).
On Tuesday November 1, 2016, and in
accordance with 49 U.S.C. 5323(j)(3)(A),
FTA published a notice in the Federal
Register announcing the Buy America
waiver request (81 FR 211) seeking
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
comment from all interested parties,
including potential vendors and
suppliers. The comment period closed
on November 15, 2016, and no
comments were received.
Therefore, based on the information
supplied in support of GDRTA’s request
for a Buy America waiver for the radio
consoles, FTA hereby waives its Buy
America requirements for the radio
consoles on the grounds that the
manufactured product is not available
in the U.S. This waiver is limited to a
single procurement for the radio
consoles by GDRTA.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016–29685 Filed 12–9–16; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0035]
Notice of Buy America Public Interest
Waiver for Hurricane Sandy
Emergency Relief Work Performed for
the World Trade Center
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice Buy America waiver.
The Federal Transit
Administration (FTA) received a request
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. A
public interest waiver is needed because
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. 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 provided
notice of the public interest waiver
request and sought comment on
whether to grant the request. FTA
received one comment in support of the
waiver, and no comments objecting to
the waiver. Therefore, FTA is issuing a
general public interest waiver for two
PANYNJ Hurricane Sandy grants, NY–
44–X005 and NY–44–X014. 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.
SUMMARY:
PO 00000
Frm 00148
Fmt 4703
Sfmt 4703
This waiver is effective
immediately.
DATES:
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 announce
that FTA is granting 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
expenses incurred in repairing or
rebuilding public transportation
facilities and systems damaged by the
September 11, 2001 terrorist attacks.
Under the agreement, FTA would serve
as the lead agency to oversee the grant
and the construction of the project. In
December 2003, FTA entered into a
grant agreement with PANYNJ to
E:\FR\FM\12DEN1.SGM
12DEN1
]]>Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89571-89572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29685]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0038]
Notice of Buy America Waiver for Radio Consoles
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Buy America waiver.
-----------------------------------------------------------------------
SUMMARY: In response to Greater Dayton Regional Transit Authority's
(GDRTA) request for a Buy America non-availability waiver for the
procurement of radio consoles, which would be a part of GDRTA's new
communication system (``radio consoles''), 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 a
single procurement by GDRTA for the radio consoles.
DATES: This waiver is effective immediately.
FOR FURTHER INFORMATION CONTACT: Cecelia Comito, FTA 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 GDRTA
for the procurement of radio consoles 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
[[Page 89572]]
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).
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 adopted of a mixed
communication system for the agency, which would employ both voice and
cellular data systems. GDRTA would join Montgomery County's 800 MHz
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 also must be
programmed to use the County's 800 MHz 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
currently are manufactured in Illinois, the other components are
manufactured in Mexico. Thus, GDRTA submitted a waiver request based on
non-availability under 49 CFR 661.7(c)(1).
On Tuesday November 1, 2016, and in accordance with 49 U.S.C.
5323(j)(3)(A), FTA published a notice in the Federal Register
announcing the Buy America waiver request (81 FR 211) seeking comment
from all interested parties, including potential vendors and suppliers.
The comment period closed on November 15, 2016, and no comments were
received.
Therefore, based on the information supplied in support of GDRTA's
request for a Buy America waiver for the radio consoles, FTA hereby
waives its Buy America requirements for the radio consoles on the
grounds that the manufactured product is not available in the U.S. This
waiver is limited to a single procurement for the radio consoles by
GDRTA.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016-29685 Filed 12-9-16; 8:45 am]
BILLING CODE 4910-57-P
