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