Notice of Buy America Waiver for Replacement Parts on Diesel Multiple Unit Rail Vehicles, 89570-89571 [2016-29707]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES 89570 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices ‘‘Notice of Final Federal Agency Actions on Proposed Highway in Washington’’ in the Federal Register at 76 FR 55459 for the SR 520, I–5 to Medina: Bridge Replacement and HOV Project. Notice is hereby given that, subsequent to the earlier FHWA notice, FHWA has taken final agency actions within the meaning of 23 U.S.C. 139(l)(1) by issuing a NEPA re-evaluation for the SR 520 SR 520, I– 5 to Medina: Bridge Replacement and HOV Project: West Approach Bridge South and Montlake Lid Design (hereafter ‘‘re-evaluation’’). The action(s) by FHWA and the laws under which such actions were taken, are described in the re-evaluation and the associated agency records. That information is available by contacting FHWA at the addresses provided above. The project proposed to improve safety and mobility for people and goods across Lake Washington by replacing the SR 520 Portage Bay and Evergreen Point bridges and improve existing roadway between Interstate 5 (I–5) in Seattle and Evergreen Point Road in Medina spanning 5.2 miles. The Final Environmental Impact Statement (EIS) for the project was published in January 2011 and the Record of Decision (ROD) was issued in August 2011. Since issuance of the FHWA ROD, the design has been refined for the West Approach Bridge South, Montlake Lid, and other project elements in the Montlake Interchange Area including changes to the path connections, changes to stormwater facilities, and changes to the design of the intersection at 24th Avenue East and East Lake Washington Boulevard. The reevaluation considering these refinements was prepared in October 2016. It identifies and documents potential effects associated with these refinements. This notice only applies to the re-evaluation. Information about the re-evaluation and associated records are available from FHWA and WSDOT at the addresses provided above and can be found at: https://www.wsdot.wa.gov/ Projects/SR520Bridge/Library/ I5Medina.htm. This notice applies to all Federal agency decisions related to the re-evaluation as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4347]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, as amended [42 U.S.C. 7401–7671(q)]. 3. Land: Section 6(f) of the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 4601]; Section 4(f) of the VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 Department of Transportation Act of 1966 [49 U.S.C. 303]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544]; Section 7 of the Endangered Species Act [16 U.S.C. 1536]; Anadromous Fish Conservation Act [16 U.S.C. 757(a-757(g)); Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (25 U.S.C. 3001–3013). 6. Wetlands and Water Resources: Section 7 of the Endangered Species Act [16 U.S.C. 1536]; Clean Water Act, (Section 319 [33 U.S.C. 329]); Safe Drinking Water Act [42 U.S.C. 300(f)– 300(j)(6)]. 7. Navigation: Rivers and Harbors Act of 1899 [33 U.S.C. 403]; General Bridge Act of 1946 [33 U.S.C. 9 and 11]. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. Authority: 23 U.S.C. 139(l)(1), as amended by Moving Ahead for Progress in the 21st Century Act, (Pub. L. 112–141, 126 Stat. 405). Frederick A. Judd IV, FHWA Acting Assistant Division Administrator, Olympia, WA. [FR Doc. 2016–29675 Filed 12–9–16; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2016–0036] Notice of Buy America Waiver for Replacement Parts on Diesel Multiple Unit Rail Vehicles AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America waiver. The Federal Transit Administration (FTA) received a request SUMMARY: PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 from the North County Transit District (NCTD) in California for a Buy America non-availability waiver for the procurement of 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. 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 the purchase of the replacement parts by NCTD over several phases from 2018 through 2026. 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 the 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, Carbody Brake Components, Automatic Train Couplers, and HVAC Roof Mounted Units (the ‘‘Replacement Parts’’) 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 E:\FR\FM\12DEN1.SGM 12DEN1 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

Agencies

[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89570-89571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29707]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0036]


Notice of Buy America Waiver for Replacement Parts on Diesel 
Multiple Unit Rail Vehicles

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America waiver.

-----------------------------------------------------------------------

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 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. 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 the purchase of the replacement parts by NCTD over 
several phases from 2018 through 2026.

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 the 
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, Carbody Brake 
Components, Automatic Train Couplers, and HVAC Roof Mounted Units (the 
``Replacement Parts'') 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

[[Page 89571]]

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).
    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.
    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 non-availability 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. 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