Notice of Proposed Buy America Waiver for Motor Brakes and Machinery Brakes for the SE 3rd Avenue Bascule Bridge Modification in Fort Lauderdale, Florida, 49932-49934 [2017-23381]
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49932
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
F. Change to Reporting Requirements
for Non-Rail For-Profit Providers of
Public Transportation
FTA currently has 18 non-rail, forprofit providers of public transportation
that report directly to the NTD. One of
these reporters raised the concern that
providing the detailed financial
information required of full reporters to
the NTD may compromise their ability
to successfully compete for business.
They requested that FTA consider
reducing the financial reporting
requirements for for-profit providers to
mirror those of reduced reporters to
address their concern. FTA is seeking
comment on the proposal to allow nonrail, for-profit providers of public
transportation the option to report to the
NTD as a reduced reporter. Of the 18
non-rail, for-profit providers referenced
above, ten already meet the current
reduced reporting threshold. This
proposal would provide the flexibility
to report as a reduced reporter for the
remaining 8 agencies.
As a reduced reporter, these agencies
would no longer be required to report
passenger miles traveled (PMT). Such
data previously reported by these
agencies would not be available for use
in the Urbanized Area Formula (UAF)
apportionment. If the local urbanized
area has more than 200,000 in
population, this may reduce their local
urbanized area’s UAF apportionment. If
the local urbanized area has fewer than
200,000 in population, this may impact
the local urbanized area’s eligibility for
Small Transit Intensive Cities (STIC)
funds in the UAF apportionment.
FTA would amend current reporting
forms to allow ferry providers to
continue to report fixed guideway
directional route miles (DRM) or fixed
guideway vehicle revenue miles (VRM)
for continued use in the State of Good
Repair Formula Apportionment.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
G. Clarification of Mechanical System
Failures Definitions
FTA has received feedback from the
transit industry that the current
definitions of major mechanical system
failures and other mechanical system
failures do not provide sufficient detail
or clarity to allow for a useful analysis
of the data. This information is
currently collected from each agency by
mode. The current definitions can be
found in the 2017 NTD Policy Manual
or the glossary on the NTD Web site:
www.transit.dot.gov/ntd. Major
mechanical system failures and other
mechanical system failures are only
reported by full reporters to the NTD;
reduced reporters and capital asset-only
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17:54 Oct 26, 2017
Jkt 244001
reporters do not currently report these
data.
To improve current reporting
guidance, FTA proposes adding
language specifically excluding failures
caused by collision, natural disaster, or
vandalism to the current definitions.
FTA seeks comment on this proposed
change. The amended definitions are
below:
Proposed definition of major
mechanical system failure:
A failure of some mechanical element
of the revenue vehicle that is not caused
by a collision, natural disaster, or
vandalism and prevents the vehicle
from completing a scheduled revenue
trip or from starting the next scheduled
revenue trip because actual movement
is limited or the vehicle is unsafe.
Proposed definition of other
mechanical system failure:
A failure of some other mechanical
element of the revenue vehicle that is
not caused by a collision, natural
disaster, or vandalism, but, because of
local agency policy, prevents the
revenue vehicle from completing a
scheduled revenue trip or from starting
the next scheduled revenue trip even
though the vehicle is physically able to
continue in revenue service.
In addition to the proposed definition
changes, FTA seeks additional feedback
on the current utility of the major
mechanical system failures and other
mechanical system failures data points.
As an example, one of the primary
concerns expressed to FTA by
stakeholders is that the current
definition of other mechanical system
failures cannot be used for comparative
purposes because it is heavily
dependent on local policy decisions.
FTA would like to improve the utility
of these data points to: (1) Inform transit
stakeholders on mechanical
performance; (2) allow for better
comparative analysis of the data; and,
(3) provide better insight on transit state
of good repair. At this time, FTA is not
formally proposing changes to these
data points beyond the definition
adjustments addressed above; however,
two scenarios are outlined below. FTA
welcomes input from stakeholders on
these scenarios and welcomes
additional direction on how these data
points may be adjusted to best
accomplish the stated goals.
Input received from this notice may
be used to inform a future proposal to
adjust the definition or collection
method of these data points.
The scenarios described below are for
public comment only. At this time, FTA
is not formally proposing these changes.
FTA seeks feedback on the following
scenarios:
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(1) Collection of the major mechanical
system failures by fleet rather than by
mode. This would improve the
granularity of the major mechanical
systems failure data by collecting the
information at the vehicle fleet level. It
would provide a more robust and
granular data set for major mechanical
system failures and allow stakeholders
to look at mechanical failure data by
vehicle type. However, improving the
granularity of the data could also
increase the reporting burden for some
agencies. To help offset this increase,
FTA asks stakeholders to consider
discontinuing the collection of other
mechanical system failures.
(2) Adjust the definition of other
mechanical system failure to the
following: All non-major failures of a
mechanical element of the revenue
vehicle requiring a work order that are
not caused by a collision, natural
disaster, or vandalism.
This adjustment would provide a
more standard and comprehensive look
at the other mechanical system failures
data. The new definition would allow
for better comparison across transit
agencies by focusing the outcome of this
data point on a system failure rather
than a local policy decision to remove
the vehicle from service.
In addition to the scenarios discussed
above, FTA welcomes additional
comment and input on how these data
points may be adjusted to benefit the
transit industry and transit stakeholders.
FTA specifically requests that agencies
provide comment on the anticipated
impact on reporting burden for the
scenarios above as well as the
anticipated reporting burden for any
additional suggestions provided to
improve the utility of these data points.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2017–23380 Filed 10–26–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2017–0014]
Notice of Proposed Buy America
Waiver for Motor Brakes and
Machinery Brakes for the SE 3rd
Avenue Bascule Bridge Modification in
Fort Lauderdale, Florida
AGENCY:
Federal Transit Administration,
DOT.
Notice of proposed Buy America
waiver and request for comment.
ACTION:
The Federal Transit
Administration (FTA) received a request
SUMMARY:
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
from the Florida Department of
Transportation (FDOT) for a Buy
America non-availability waiver for the
procurement of motor brakes and
machinery brakes (collectively, ‘‘the
brake units’’) for the SE 3rd Avenue
Bascule Bridge Modification in Fort
Lauderdale, Florida, as part of the Wave
Streetcar project because there are no
domestic manufacturers of the brake
units. FTA is providing notice of the
non-availability waiver request and
seeks public comment before deciding
whether to grant FDOT’s request. The
size of the disc and drum brakes
required for this bridge are not
domestically available, and the Federal
Highway Administration (FHWA)
granted FDOT waivers for this
equipment for another project. FTA is
providing notice of the waiver request
and seeks public comment before
deciding whether to grant the request.
DATES: Comments must be received by
November 13, 2017. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: Please identify your
submission by Docket Number (FTA–
2017–0008) through one of the
following methods:
• Federal eRulemaking Portal:
Submit electronic comments and other
data to https://www.regulations.gov.
• U.S. Mail: Send comments to
Docket Operations; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., West Building Room W12–
140, Washington, DC 20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building,
Ground Floor, at 1200 New Jersey
Avenue SE., Washington, DC, between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations, U.S. Department of
Transportation, at (202) 493–2251.
Instructions: You must include the
agency name (Federal Transit
Administration) and Docket Number
(FTA–2017–0014) for this notice, at the
beginning of your comments. If sent by
mail, submit two copies of your
comments. Due to security procedures
in effect since October 2001, mail
received through the U.S. Postal Service
may be subject to delays. Parties
submitting comments should consider
using an express mail firm to ensure
their prompt filing of any submissions
not filed electronically or by hand. If
you wish to receive confirmation that
FTA received your comments, you must
include a self-addressed stamped
postcard. All comments received will be
posted without change to https://
VerDate Sep<11>2014
17:54 Oct 26, 2017
Jkt 244001
www.regulations.gov, including any
personal information provided. You
may review U.S. DOT’s complete
Privacy Act Statement published in the
Federal Register on April 11, 2000, at
65 FR 19477–8 or https://
DocketsInfo.dot.gov.
Electronic Access and Filing: This
document and all comments received
may be viewed online through the
Federal eRulemaking portal at https://
www.regulations.gov. Electronic
submission and retrieval help and
guidelines are available on the Web site.
It is available 24 hours each day, 365
days a year. Please follow the
instructions. An electronic copy of this
document may also be downloaded
from the Office of the Federal Register’s
home page at https://
www.federalregister.gov.
FOR FURTHER INFORMATION CONTACT:
Laura Ames, Attorney Advisor, at (202)
366–2743 or Laura.Ames@dot.gov.
SUPPLEMENTARY INFORMATION: The
purpose of this notice is to provide
notice and seek comment on whether
the FTA should grant a non-availability
waiver for FDOT’s purchase of motor
brakes and machinery brakes for the SE
3rd Avenue Bascule Bridge
Modification in Fort Lauderdale,
Florida, as part of the Wave Streetcar
project. The proposed Wave Streetcar
project will serve downtown Fort
Lauderdale, spanning the New River to
connect the hospital and courthouse
districts on the south side with the
downtown business core and
government, education, shopping,
recreation and entertainment centers on
the north side. The design of the 2.8mile route was expanded in October
2015 to include a loop on the north end
in Flagler Village to capture recent and
future residential and retail
development in that area. The
construction of the Wave Streetcar is
currently scheduled to begin in mid2017.
Mechanical drive systems have
inherent braking requirements.
AASHTO Movable Highway Bridge
Design Specifications (MHBDS) require
disc or drum brakes. The intent of
AASHTO MHBDS 5.5, 5.6, 6.7.13 and
the FOOT Structures Design Guidelines
(SDG) Section 8.6.7 is to provide two
sets of brakes—motor brakes and
machinery brakes. This requirement
provides stopping and holding as well
as a failsafe within the gear train of the
operating machinery. FDOT’s research
indicates that the size of the disc and
drum brakes required for this bridge are
not domestically available. All recent
new construction and rehabilitation of
various moveable bridges in Florida
PO 00000
Frm 00153
Fmt 4703
Sfmt 4703
49933
have required Buy America waivers,
including a Buy America waiver granted
by FHWA on May 2, 2016 for the same
items. 81 FR 26305 (May 2, 2016).
Specific requirements for the brakes
are as follows: All brakes shall be spring
actuated, thruster released, stainless
steel, drum type brakes with adjustable
torque setting and set time delay
settings. Span drive brakes shall be
sized per Movable Highway Bridge
Design Specifications (MHBDS) with the
exception that ice accretion loads may
be ignored. Brakes shall be mill duty
brakes meeting Association of Iron and
Steel Engineers—National Electrical
Manufacturers Association (AISE—
NEMA) Standards. The brake setting
shall be no more than 90% and no less
than 40% of the continuous rated
capacity. The delay setting for each set
of brakes shall be staggered to prevent
all brakes from setting simultaneously
and shock loading the machinery.
There are no options other than the
correct type of machinery brakes for
failsafe and timed gradual setting.
Brakes are an integral part of the
movable bridge design. Brakes provide
stopping and parking of the bascule
leaves and are MHBDS required devices
for the safety of the traveling public,
both vehicular and navigation gradual
setting. The brake application must be
gradual as per the specified thruster to
prevent damage to the bridge, loss of
power or E-stop. Brakes are an integral
part of the movable bridge design.
Brakes provide stopping and parking of
the bascule leaves and are MHBDS
required devices for the safety of the
traveling public, both vehicular and
navigation.
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 waiver
(non-availability waiver). 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c).
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49934
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
Throughout the brake manufacturing
industry, it is well documented that
there are no brakes made in the United
States that satisfy both the project
requirements and the Buy America
requirements. FDOT engaged in
extensive efforts to identify and locate
qualified domestically manufactured
brake products, including contacting
numerous known bridge brake
manufacturers. FDOT’s recent
experience on similar projects has
shown that contractors have been
unable to locate qualified bridge brakes
of either the shoe or disc type that have
all components made in the United
States. FDOT also has made an
extensive effort to locate qualified
domestically made brake products,
including contacting known bridge
brake manufacturers including the
following manufactures: Johnson
Industries, Mondel (made by Magnetek),
Gemco (made by Ametek), Link
Controls, Bubenzer, and Hiden. The
manufacturers confirmed that they do
not produce a product that meets both
the Buy America provisions in
accordance 49 CFR 661.7(c) and 49
U.S.C. 5323(j), and the requirements of
AASHTO MHBDS Articles 5.5, 5.6 and
6. 7 .13. FDOT also conducted an
internet search, which revealed several
other brake manufacturers, but none
make a qualified brake in the United
States. Additionally, FDOT’s program
management consultant contacted
several contractors that supply
machinery and brakes for movable
bridges but had no success in locating
a qualified brake made entirely in the
United States. FDOT’s Program
Management Consultant also has
discussed this issue with other design
engineers experienced in movable
bridge machinery design and confirmed
that they too have not been able to
locate qualified brake products which
are made in the United States.
Finally, 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
United States manufacturers who
produce the motor brakes and
machinery brakes required for the SE
3rd Avenue Bascule Bridge
Modification project.
FDOT’s efforts to identify domestic
manufacturers for the motor brakes and
VerDate Sep<11>2014
17:54 Oct 26, 2017
Jkt 244001
machinery brakes required for the SE
3rd Avenue Bascule Bridge
Modification project were unsuccessful.
FTA proposes to grant FDOT a nonavailability waiver of the Buy America
requirements for the motor brakes and
machinery brakes required for the SE
3rd Avenue Bascule Bridge
Modification project.
FTA is publishing this Notice to seek
public and industry comment from all
interested parties in accordance with 49
U.S.C. 5323(j)(3)(A). Such information
and comments will help FTA
understand completely the facts
surrounding the request, including the
merits of the request. After
consideration of the comments, FTA
will publish a second notice in the
Federal Register with a response to
comments and noting any changes made
to the proposed waiver because of the
comments received. A full copy of the
request has been placed in docket
number FTA–2017–0014.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2017–23381 Filed 10–26–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE TREASURY
Fiscal Service
Street SW., Washington, DC 20227
(Telephone: 202–874–9428).
SUPPLEMENTARY INFORMATION: This rate
is used in assessing interest charges for
outstanding debts owed to the
Government (The Debt Collection Act of
1982, as amended (codified at 31 U.S.C.
Section 3717)). This rate is also used by
agencies as a comparison point in
evaluating the cost-effectiveness of a
cash discount. In addition, this rate is
used in determining when agencies
should pay purchase card invoices
when the card issuer offers a rebate (5
CFR 1315.8).
The rate reflects the current value of
funds to the Treasury for use in
connection with Federal Cash
Management systems and is based on
investment rates set for purposes of
Public Law 95–147, 91 Stat. 1227
(October 28, 1977). Computed each year
by averaging Treasury Tax and Loan
(TT&L) investment rates for the 12month period ending every September
30, rounded to the nearest whole
percentage, for applicability effective
each January 1. Quarterly revisions are
made if the annual average, on a moving
basis, changes by 2 percentage points.
The rate for calendar year 2018 reflects
the average investment rates for the 12month period that ended September 30,
2017.
Authority: 31 U.S.C. Section 3717.
Bureau of the Fiscal Service
Notice of Rate To Be Used for Federal
Debt Collection, and Discount and
Rebate Evaluation
Dated: October 16, 2017.
Ronda L. Kent,
Assistant Commissioner, Payment
Management, and Chief Disbursing Officer.
[FR Doc. 2017–23419 Filed 10–26–17; 8:45 am]
Bureau of the Fiscal Service,
Fiscal Service, Treasury.
ACTION: Notice of rate to be used for
Federal debt collection, and discount
and rebate evaluation.
BILLING CODE 4810–AS–P
The Secretary of the Treasury
is responsible for computing and
publishing the percentage rate that is
used in assessing interest charges for
outstanding debts owed to the
Government. This rate is also used by
agencies as a comparison point in
evaluating the cost-effectiveness of a
cash discount. In addition, this rate is
used in determining when agencies
should pay purchase card invoices
when the card issuer offers a rebate.
Notice is hereby given that the
applicable rate for calendar year 2018 is
1.00 percent.
DATES: January 1, 2018 through
December 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Denice M. Wilson, E-Commerce
Division, Bureau of the Fiscal Service,
Department of the Treasury, 401 14th
Notice of Meeting; National Research
Advisory Council
AGENCY:
SUMMARY:
PO 00000
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DEPARTMENT OF VETERANS
AFFAIRS
The Department of Veterans Affairs
(VA) gives notice under the Federal
Advisory Committee Act (FACA) that
the National Research Advisory Council
will hold a meeting on Wednesday,
December 6, 2017, at the Atlanta
Veterans Affairs Medical Center,
Conference Room 5a110 at 1670
Clairmont Rd., Decatur, Georgia 30033.
The meeting will convene at 9:00 a.m.
and end at 4:30 p.m. This meeting is
open to the public.
The agenda will include scientific
presentations on animal research,
mental health, rehabilitation and a
facility tour. Additional presentations
will include: Balancing research
challenges, an overview of the animal
research program from the Chief
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]]>Agencies
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49932-49934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23381]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2017-0014]
Notice of Proposed Buy America Waiver for Motor Brakes and
Machinery Brakes for the SE 3rd Avenue Bascule Bridge Modification in
Fort Lauderdale, Florida
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of proposed Buy America waiver and request for comment.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) received a request
[[Page 49933]]
from the Florida Department of Transportation (FDOT) for a Buy America
non-availability waiver for the procurement of motor brakes and
machinery brakes (collectively, ``the brake units'') for the SE 3rd
Avenue Bascule Bridge Modification in Fort Lauderdale, Florida, as part
of the Wave Streetcar project because there are no domestic
manufacturers of the brake units. FTA is providing notice of the non-
availability waiver request and seeks public comment before deciding
whether to grant FDOT's request. The size of the disc and drum brakes
required for this bridge are not domestically available, and the
Federal Highway Administration (FHWA) granted FDOT waivers for this
equipment for another project. FTA is providing notice of the waiver
request and seeks public comment before deciding whether to grant the
request.
DATES: Comments must be received by November 13, 2017. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: Please identify your submission by Docket Number (FTA-2017-
0008) through one of the following methods:
Federal eRulemaking Portal: Submit electronic comments and
other data to https://www.regulations.gov.
U.S. Mail: Send comments to Docket Operations; U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West Building
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building, Ground Floor, at 1200
New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations, U.S. Department of
Transportation, at (202) 493-2251.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket Number (FTA-2017-0014) for this notice, at
the beginning of your comments. If sent by mail, submit two copies of
your comments. Due to security procedures in effect since October 2001,
mail received through the U.S. Postal Service may be subject to delays.
Parties submitting comments should consider using an express mail firm
to ensure their prompt filing of any submissions not filed
electronically or by hand. If you wish to receive confirmation that FTA
received your comments, you must include a self-addressed stamped
postcard. All comments received will be posted without change to https://www.regulations.gov, including any personal information provided. You
may review U.S. DOT's complete Privacy Act Statement published in the
Federal Register on April 11, 2000, at 65 FR 19477-8 or https://DocketsInfo.dot.gov.
Electronic Access and Filing: This document and all comments
received may be viewed online through the Federal eRulemaking portal at
https://www.regulations.gov. Electronic submission and retrieval help
and guidelines are available on the Web site. It is available 24 hours
each day, 365 days a year. Please follow the instructions. An
electronic copy of this document may also be downloaded from the Office
of the Federal Register's home page at https://www.federalregister.gov.
FOR FURTHER INFORMATION CONTACT: Laura Ames, Attorney Advisor, at (202)
366-2743 or [email protected].
SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide
notice and seek comment on whether the FTA should grant a non-
availability waiver for FDOT's purchase of motor brakes and machinery
brakes for the SE 3rd Avenue Bascule Bridge Modification in Fort
Lauderdale, Florida, as part of the Wave Streetcar project. The
proposed Wave Streetcar project will serve downtown Fort Lauderdale,
spanning the New River to connect the hospital and courthouse districts
on the south side with the downtown business core and government,
education, shopping, recreation and entertainment centers on the north
side. The design of the 2.8-mile route was expanded in October 2015 to
include a loop on the north end in Flagler Village to capture recent
and future residential and retail development in that area. The
construction of the Wave Streetcar is currently scheduled to begin in
mid-2017.
Mechanical drive systems have inherent braking requirements. AASHTO
Movable Highway Bridge Design Specifications (MHBDS) require disc or
drum brakes. The intent of AASHTO MHBDS 5.5, 5.6, 6.7.13 and the FOOT
Structures Design Guidelines (SDG) Section 8.6.7 is to provide two sets
of brakes--motor brakes and machinery brakes. This requirement provides
stopping and holding as well as a failsafe within the gear train of the
operating machinery. FDOT's research indicates that the size of the
disc and drum brakes required for this bridge are not domestically
available. All recent new construction and rehabilitation of various
moveable bridges in Florida have required Buy America waivers,
including a Buy America waiver granted by FHWA on May 2, 2016 for the
same items. 81 FR 26305 (May 2, 2016).
Specific requirements for the brakes are as follows: All brakes
shall be spring actuated, thruster released, stainless steel, drum type
brakes with adjustable torque setting and set time delay settings. Span
drive brakes shall be sized per Movable Highway Bridge Design
Specifications (MHBDS) with the exception that ice accretion loads may
be ignored. Brakes shall be mill duty brakes meeting Association of
Iron and Steel Engineers--National Electrical Manufacturers Association
(AISE--NEMA) Standards. The brake setting shall be no more than 90% and
no less than 40% of the continuous rated capacity. The delay setting
for each set of brakes shall be staggered to prevent all brakes from
setting simultaneously and shock loading the machinery.
There are no options other than the correct type of machinery
brakes for failsafe and timed gradual setting. Brakes are an integral
part of the movable bridge design. Brakes provide stopping and parking
of the bascule leaves and are MHBDS required devices for the safety of
the traveling public, both vehicular and navigation gradual setting.
The brake application must be gradual as per the specified thruster to
prevent damage to the bridge, loss of power or E-stop. Brakes are an
integral part of the movable bridge design. Brakes provide stopping and
parking of the bascule leaves and are MHBDS required devices for the
safety of the traveling public, both vehicular and navigation.
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 waiver (non-availability
waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c).
[[Page 49934]]
Throughout the brake manufacturing industry, it is well documented
that there are no brakes made in the United States that satisfy both
the project requirements and the Buy America requirements. FDOT engaged
in extensive efforts to identify and locate qualified domestically
manufactured brake products, including contacting numerous known bridge
brake manufacturers. FDOT's recent experience on similar projects has
shown that contractors have been unable to locate qualified bridge
brakes of either the shoe or disc type that have all components made in
the United States. FDOT also has made an extensive effort to locate
qualified domestically made brake products, including contacting known
bridge brake manufacturers including the following manufactures:
Johnson Industries, Mondel (made by Magnetek), Gemco (made by Ametek),
Link Controls, Bubenzer, and Hiden. The manufacturers confirmed that
they do not produce a product that meets both the Buy America
provisions in accordance 49 CFR 661.7(c) and 49 U.S.C. 5323(j), and the
requirements of AASHTO MHBDS Articles 5.5, 5.6 and 6. 7 .13. FDOT also
conducted an internet search, which revealed several other brake
manufacturers, but none make a qualified brake in the United States.
Additionally, FDOT's program management consultant contacted several
contractors that supply machinery and brakes for movable bridges but
had no success in locating a qualified brake made entirely in the
United States. FDOT's Program Management Consultant also has discussed
this issue with other design engineers experienced in movable bridge
machinery design and confirmed that they too have not been able to
locate qualified brake products which are made in the United States.
Finally, 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 United States manufacturers who produce the motor brakes and
machinery brakes required for the SE 3rd Avenue Bascule Bridge
Modification project.
FDOT's efforts to identify domestic manufacturers for the motor
brakes and machinery brakes required for the SE 3rd Avenue Bascule
Bridge Modification project were unsuccessful. FTA proposes to grant
FDOT a non-availability waiver of the Buy America requirements for the
motor brakes and machinery brakes required for the SE 3rd Avenue
Bascule Bridge Modification project.
FTA is publishing this Notice to seek public and industry comment
from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A).
Such information and comments will help FTA understand completely the
facts surrounding the request, including the merits of the request.
After consideration of the comments, FTA will publish a second notice
in the Federal Register with a response to comments and noting any
changes made to the proposed waiver because of the comments received. A
full copy of the request has been placed in docket number FTA-2017-
0014.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2017-23381 Filed 10-26-17; 8:45 am]
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