Notice of Buy America Public Interest Waiver for Hurricane Sandy Emergency Relief Work Performed for the World Trade Center, 89572-89573 [2016-29686]
Download as PDF
<![CDATA[
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
mstockstill on DSK3G9T082PROD with NOTICES
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
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
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:
PO 00000
Frm 00149
Fmt 4703
Sfmt 4703
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
12DEN1
]]>Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89572-89573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29686]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: 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.
DATES: This waiver is effective immediately.
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
[[Page 89573]]
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 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
