Notice of Intent To Grant a Buy America Waiver to the California Department of Transportation (Caltrans) and the Illinois Department of Transportation (IDOT) To Purchase Up to 615 Workstation Tables, 28673-28675 [2021-11269]
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
determine the speakers. Speakers are
required to submit a copy of their
prepared remarks for inclusion in the
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NAC members to the person listed
under the heading FOR FURTHER
INFORMATION CONTACT. All prepared
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Issued in Washington, DC, this 24 day of
May 2021.
Gregory E. Schwab,
Division Manager, NextGen Stakeholder
Collaboration Division, ANG–M1, Office of
the Assistant Administrator for NextGen,
Federal Aviation Administration.
[FR Doc. 2021–11229 Filed 5–26–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2012–0033]
Notice of Intent To Grant a Buy
America Waiver to the California
Department of Transportation
(Caltrans) and the Illinois Department
of Transportation (IDOT) To Purchase
Up to 615 Workstation Tables
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of intent to grant FRA
Buy America Waiver.
AGENCY:
FRA is issuing this notice to
advise the public that it intends to grant
Caltrans’ and IDOT’s request for a
waiver from FRA’s Buy America
requirement, so that Siemens USA, the
design, manufacturing, and delivery
contractor, may purchase and install up
to 615 non-domestic workstation tables
that comply with certain design and
safety standards for their single-level
passenger railcars replacement project.
Meeting these standards is required
under the Passenger Rail Investment
and Improvement Act of 2008 (PRIIA),
and FRA’s grant agreement with
Caltrans and IDOT.
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:29 May 26, 2021
Jkt 253001
Written comments on FRA’s
determination to grant a Buy America
waiver to Caltrans and IDOT should be
provided to FRA on or before June 1,
2021.
ADDRESSES: Please submit your
comments to the U.S. Government
electronic docket site at https://
www.regulations.gov, in docket number:
FRA–2012–0033.
Note: All submissions received,
including any personal information
therein, will be posted without change
or alteration to https://
www.regulations.gov. For more
information, you may review DOT’s
complete Privacy Act Statement
published in the Federal Register on
April 11, 2000 (65 FR 19477).
FOR FURTHER INFORMATION CONTACT:
Faris Mohammed, Attorney-Advisor,
Office of Chief Counsel, telephone: (202)
493–7064, email: Faris.Mohammed@
dot.gov.
SUPPLEMENTARY INFORMATION: The
purpose of this notice is to provide the
public with information related to
FRA’s intent to grant a waiver to
Caltrans and IDOT from FRA’s Buy
America requirement, pursuant to 49
U.S.C. 22905(a)(2), to allow the use of
up to 615 non-domestic workstation
tables.
DATES:
Background
Caltrans and IDOT were awarded five
separate grants from FRA to purchase
rolling stock, including single-level
passenger railcars, for use in intercity
passenger rail service (Project). Caltrans
and IDOT entered into a contract with
Sumitomo Corporation of Americas
(SCOA) to produce and deliver the
railcars; SCOA entered into a
subcontract with Siemens USA to
manufacture the railcars. Siemens
contracted with Baker Bellfield, a
company headquartered in the United
Kingdom (UK), to manufacture in the
United States 615 workstation tables for
the Project.
Like other European suppliers that
Siemens has brought to the U.S. rail
market, Baker Bellfield has committed
to locate its production facility near the
Siemens manufacturing facility in
Sacramento, California. Baker Bellfield
has already signed a lease for a property.
Following localization, tables
manufactured by Baker Bellfield at its
facility in Sacramento would comply
with FRA’s Buy America requirements
and would be installed in the FRAfunded passenger railcars.
Baker Bellfield intended to begin
manufacturing the tables at its planned
U.S. facility the week of March 9, 2020.
However, due to complications relating
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28673
to the coronavirus disease 2019
(COVID–19) pandemic (e.g., travel
restrictions and restrictions on operating
non-essential businesses), Baker
Bellfield has been unable to open its
Sacramento manufacturing facility on
schedule. To meet contractual delivery
schedules, Siemens proposes
purchasing up to 615 tables made by
Baker Bellfield in its UK-based facility,
which do not comply with FRA’s Buy
America requirements. Once COVID–19
restrictions are lifted, Baker Bellfield
intends to complete localization.
On July 23, 2020, Caltrans and IDOT
requested a waiver 1 from FRA’s Buy
America requirement for up to 238
workstation tables. Due to delays related
to the continuing pandemic, Caltrans
and IDOT increased the request to 615.
For the reasons stated below, FRA
grants a non-availability waiver to
Caltrans and IDOT.
Buy America Requirement
With certain exceptions, FRA’s Buy
America Act requires that ‘‘the steel,
iron, and manufactured goods used in
the project are produced in the United
States.’’ 49 U.S.C. 22905(a)(1). FRA’s
requirements apply without regard to
the source of funds.
If Caltrans and IDOT do not receive a
waiver, they may not acquire goods for
use in the Project that are not consistent
with Section 22905(a)(1), even if they do
not propose to use Federal funds.
However, FRA may waive this
requirement if it determines:
(A) Applying [FRA’s Buy America
requirements] would be inconsistent with the
public interest; (B) 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; (C) rolling stock or power train
equipment cannot be bought and delivered in
the United States within a reasonable time;
or (D) including domestic material will
increase the cost of the overall project by
more than 25 percent.
In addition to the Buy America
statute, FRA’s action is subject to
Executive Order 14005 Ensuring the
Future is Made in All of America by All
of America’s Workers, 86 FR 7475
(January 28, 2021). Consistent with
Executive Order 14005, FRA evaluated
the waiver request, and sought input
from the public, to determine whether
Caltrans and IDOT had sought to
maximize the use of goods, products,
and materials produced in the United
States.
1 The Caltrans and IDOT waiver request is
available at: https://railroads.dot.gov/elibrary/
calidot-workstation-table-buy-america-waiverrequest.
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
Findings
In a letter to FRA, dated July 23, 2020,
Caltrans and IDOT described the need
for workstation tables, the steps taken to
identify domestically sourced tables,
and the harm that would result in the
absence of a waiver. FRA evaluated the
information provided and made the
following findings.
A. COVID–19 Pandemic
As described in the request, the nonavailability giving rise to the need for a
waiver is due to effects from the
COVID–19 pandemic. Prior to March
2020, Siemens entered into a contract
with Baker Bellfield, a U.K.-based
manufacturer, to establish a
manufacturing facility in Sacramento,
California so that Baker Bellfield could
manufacture Buy-America-compliant
workstation tables for the Project.
However, due to restrictions relating to
the COVID–19 pandemic, Baker
Bellfield is not able to localize in time
to meet the Project’s production
schedule. Thus, Siemens increased its
initial request from 238 to 615
workstation tables from Baker Bellfield’s
facility in the U.K. to meet the
production schedule. These tables
would not be compliant with FRA’s Buy
America requirement and would require
a waiver.
jbell on DSKJLSW7X2PROD with NOTICES
B. There is No Domestic Source of
Workstation Tables That Meet the PRIIA
Specification
In accordance with the Passenger Rail
Investment and Improvement Act of
2008, and the FRA grant agreement, the
single-level railcars must comply with
the 305–003 Rev A Single Level
Passenger Car Technical Specification
(PRIIA Specification).
SCOA and Siemens conducted an
intensive search of domestic suppliers
who could either meet the PRIIA
Specification with an existing design or
develop a completely new table.
However, they could not find a
domestic table supplier with the proven
passenger rail interior component
modeling and structural simulation
expertise and who could produce a
workstation table that met the PRIIA
Specification. While Siemens initially
identified a domestic source for
workstation tables, which were
previously installed in railcars for
another project, after testing and
modeling, Siemens determined the
tables could not be configured to meet
the required safety and design
standards. Ultimately, Baker Bellfield’s
workstation tables are the only
workstation tables that demonstrated
passing simulated results and are
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17:29 May 26, 2021
Jkt 253001
expected to comply with the PRIIA
Specification when configured for use
in the Siemens railcar. Therefore,
Siemens developed a plan to locate a
Baker Bellfield facility in Sacramento,
California, to produce the workstation
tables. The workstation tables
manufactured at the Baker Bellfield
facility in Sacramento would have
complied with FRA’s Buy America
requirement.
However, due to the COVID–19
pandemic, Baker Bellfield’s localization
efforts have been delayed. To address
the current non-availability of
compliant workstation tables, and to
avoid potential further delays in the
railcar delivery, Siemens proposes to
purchase up to 615 tables from Baker
Bellfield’s facility in the UK to meet
production and delivery schedules.
To keep production lines running,
Caltrans and IDOT accepted delivery of
incomplete railcars. The incomplete
cars cannot enter revenue service
because they do not have workstation
tables. Currently, the incomplete cars
are being stored by Caltrans or IDOT, as
applicable, until PRIIA-compliant
workstation tables are available. As a
result, Caltrans and IDOT have incurred
costs to store the railcars and may incur
additional costs, such as extending the
lease of the existing fleet. However, if
the waiver is granted, Siemens can
quickly install the Baker Bellfield tables
and the cars can enter revenue service.
As soon as it is able, Baker Bellfield
will complete localization of its facility
in Sacramento, California, which will
create a new domestic supply of
workstation tables for use in future
projects.
C. Harm Would Result if a Waiver Is Not
Granted
According to Caltrans and IDOT, if a
waiver is not granted, the vehicles now
being manufactured could not be used
for revenue service and would need to
be stored at Caltrans and IDOT
commissioning sites, waiting for the
availability of new tables. The cost of
storage is variable, becoming higher as
the number of cars needing storage
increases and the remaining storage
spaces decrease. For IDOT, costs are
estimated to be $39,000 (subject to site
selection and owner’s confirmation) for
storage of up to 40 IDOT Venture cars
per year. At the ACE facility in
Stockton, California, the San Joaquin
Regional Rail Commission will charge
Siemens $250 per day per railcar for
storage of cars not in revenue service.
These costs do not include the costs for
delayed manufacturing, retrofitting
existing cars, delays to revenue service,
and lost warranty time. If Caltrans and
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Fmt 4703
Sfmt 4703
IDOT are unable to store the railcars,
Siemens would stop production of the
railcars as it does not have capacity to
store the railcars onsite. If FRA denied
the request, Siemens would not be able
to deliver single-level cars that meet the
required specifications until after the
pandemic-related restrictions are
removed, significantly delaying the
Project. Caltrans and IDOT would also
incur significant costs related to the
delay and storage of the railcars.
Approving the waiver would help
mitigate the negative effects of the
COVID–19 pandemic by quickly
installing workstation tables in railcars
that can be put into revenue operations,
which will maximize passenger safety,
minimize implementation impacts and
overall costs, and mitigate schedule
issues for delivery and revenue service
availability. In addition, allowing the
use of the Baker Bellfield tables would
allow the Caltrans and IDOT
procurement to maintain its priority
position in Siemens’ production
schedule, and allow the Project to
remain on schedule. Caltrans and IDOT
provided additional information to FRA
that domestically-sourced
subcomponents were used in the
Project. Generally, FRA does not require
the use of domestic subcomponents, and
the use of domestic subcomponents
increases the overall amount of
domestic material used in the Project.
On the basis of this information, FRA
concludes this action is consistent with
the policy in Executive Order 14005 to
maximize ‘‘the use of goods, products,
and materials produced in, and services
offered in, the United States.’’ FRA
further concludes that denying the
requested waiver would not increase the
use of goods, products, and materials
produced in the United States.
Determination
FRA has determined a ‘‘nonavailability’’ waiver is appropriate
under 49 U.S.C. 22905(a)(2)(B) for up to
615 workstation tables, because
workstation tables meeting the PRIIA
Specification are not currently
‘‘produced in a sufficient and
reasonably available amount or are not
of a satisfactory quality.’’ FRA bases this
determination on the following:
• There is currently no domestic
source of workstation tables that meet
the PRIIA Specification when
configured for the Caltrans and IDOT
railcars and domestic tables cannot be
delivered within a reasonable time.
• But for the COVID–19 pandemic,
Siemens would have used workstation
tables that complied with FRA’s Buy
America requirement.
E:\FR\FM\27MYN1.SGM
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
• On December 31, 2020, FRA
provided public notice of the Caltrans
and IDOT waiver request and a 15-day
opportunity for comment. FRA also
emailed the notice to over 6,000
recipients that requested Buy America
notices through ‘‘GovDelivery.’’ FRA
did not receive any comments.
This waiver only applies to Siemens’s
acquisition and installation of up to 615
workstation tables for use in the Project.
FRA is providing notice of such
finding and an opportunity for public
comment after which this waiver will
become effective.
Issued in Washington, DC.
Amitabha Bose,
Deputy Administrator.
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2021 Competitive Funding
Opportunity: Public Transportation on
Indian Reservations Program; Tribal
Transit Program
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of funding opportunity.
AGENCY:
The Federal Transit
Administration (FTA) announces the
opportunity to apply for $10 million in
competitive grants for the Fiscal Year
(FY) 2021 Public Transportation on
Indian Reservations (Tribal Transit)
Program. As required by Federal public
transportation law, funds will be
awarded competitively for any purpose
eligible under FTA’s Formula Grants for
Rural Areas Program, 49 U.S.C. 5311,
including planning, capital, and
operating assistance for tribal public
transit services in rural areas. FTA may
award additional funding that is made
available to the program prior to the
announcement of project selections.
DATES: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. Eastern time on August 25,
2021. Any applicant intending to apply
should initiate the process of registering
on the GRANTS.GOV site immediately
to ensure completion of registration
before the submission deadline.
Instructions for applying can be found
on FTA’s website at https://
www.transit.dot.gov/howtoapply and in
the ‘‘FIND’’ module of GRANTS.GOV.
The funding opportunity ID is FTA–
2021–003–TR. Mail and fax submissions
will not be accepted.
jbell on DSKJLSW7X2PROD with NOTICES
VerDate Sep<11>2014
17:29 May 26, 2021
Jkt 253001
Jacarl Melton, Office of Program
Management, (202) 366–2269, or email
TribalTransit@dot.gov. A TDD is
available at 1–800–877–8339 (TDD/
FIRS).
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
[FR Doc. 2021–11269 Filed 5–26–21; 8:45 am]
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Federal public transportation law (49
U.S.C. 5311(c)(1)(A)) authorizes FTA to
award competitive grants ‘‘under such
terms and conditions as may be
established by the Secretary’’ to Indian
tribes for any purpose eligible under
FTA’s Formula Grants for Rural Areas
Program, 49 U.S.C. 5311, including
planning, capital, and operating
assistance. Tribes may apply for this
funding directly.
The Tribal Transit Program (Federal
Assistance Listing: 20.509) supports
FTA’s strategic goals and objectives
through the timely and efficient
investment in public transportation.
This program also supports the
President’s Build Back Better initiative
to mobilize American ingenuity to build
a modern infrastructure and an
equitable, clean energy future. In
addition, the Tribal Transit Program and
this NOFO will advance the goals of the
January 20, 2021 Executive Order on
Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government.
Competitive funds distributed to
Indian tribes under the Tribal Transit
Program do not replace or reduce funds
that Indian tribes receive from States
through FTA’s Formula Grants for Rural
Areas Program. Specific project
eligibility under this competitive
allocation is described in Section C of
this notice.
B. Federal Award Information
Federal public transportation law (49
U.S.C. 5338(a)(2)(F), 49 U.S.C.
5311(c)(1)) authorizes $5 million in FY
2021 for competitive grants under the
Tribal Transit Program. The
Consolidated Appropriations Act, 2021,
(Pub. L. 116–260), appropriated the
authorized amount for grants under this
program. The American Rescue Plan Act
of 2021 (Pub. L. 117–2) appropriated an
additional $5 million for grants under
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28675
this program. There is a $25,000 cap on
planning grant awards, and FTA has
discretion to cap capital and operating
awards. Additional funds made
available prior to project selection may
be allocated to eligible projects.
In FY 2020, the program received
applications for 30 eligible projects
requesting a total of $9.4 million.
Twenty-five projects were funded at a
total of $7.7 million.
FTA will grant pre-award authority to
incur costs for selected projects
beginning on the date FY 2021 project
selections are announced on FTA’s
website. Funds are available for
obligation for two fiscal years after the
fiscal year in which the competitive
awards are announced. Funds are
available only for projects that have not
incurred costs prior to the
announcement of project selections.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants include Federallyrecognized Indian tribes or Alaska
Native villages, groups, or communities
as identified by the U.S. Department of
the Interior (DOI) Bureau of Indian
Affairs (BIA). As evidence of Federal
recognition, an Indian tribe may submit
a copy of the most up-to-date Federal
Register notice published by BIA:
Entities Recognized and Eligible to
Receive Service from the United States
Bureau of Indian Affairs. To be an
eligible recipient, an Indian tribe must
have the requisite legal, financial, and
technical capabilities to receive and
administer Federal funds under this
program. Additionally, applicants must
be located and provide service in a rural
area with a population of less than
50,000. A service area can include some
portions of urban areas, as long as the
tribal transit service serves rural areas.
An applicant must be registered in the
System for Award Management (SAM)
database and maintain an active SAM
registration with current information at
all times during which it has an active
Federal award or an application or plan
under consideration by FTA.
2. Cost Sharing or Matching
There is no local match requirement
for operating, capital, or planning
projects under this program. All projects
will be awarded at a 100 percent Federal
share, unless the applicant chooses to
provide a local match at its own
discretion. If choosing to provide a local
match, the proposal should include a
description of the Indian tribe’s
financial commitment.
If desired by the applicant, tribes may
use any local match eligible under
E:\FR\FM\27MYN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28673-28675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11269]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2012-0033]
Notice of Intent To Grant a Buy America Waiver to the California
Department of Transportation (Caltrans) and the Illinois Department of
Transportation (IDOT) To Purchase Up to 615 Workstation Tables
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of intent to grant FRA Buy America Waiver.
-----------------------------------------------------------------------
SUMMARY: FRA is issuing this notice to advise the public that it
intends to grant Caltrans' and IDOT's request for a waiver from FRA's
Buy America requirement, so that Siemens USA, the design,
manufacturing, and delivery contractor, may purchase and install up to
615 non-domestic workstation tables that comply with certain design and
safety standards for their single-level passenger railcars replacement
project. Meeting these standards is required under the Passenger Rail
Investment and Improvement Act of 2008 (PRIIA), and FRA's grant
agreement with Caltrans and IDOT.
DATES: Written comments on FRA's determination to grant a Buy America
waiver to Caltrans and IDOT should be provided to FRA on or before June
1, 2021.
ADDRESSES: Please submit your comments to the U.S. Government
electronic docket site at https://www.regulations.gov, in docket number:
FRA-2012-0033.
Note: All submissions received, including any personal information
therein, will be posted without change or alteration to https://www.regulations.gov. For more information, you may review DOT's
complete Privacy Act Statement published in the Federal Register on
April 11, 2000 (65 FR 19477).
FOR FURTHER INFORMATION CONTACT: Faris Mohammed, Attorney-Advisor,
Office of Chief Counsel, telephone: (202) 493-7064, email:
[email protected].
SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide the
public with information related to FRA's intent to grant a waiver to
Caltrans and IDOT from FRA's Buy America requirement, pursuant to 49
U.S.C. 22905(a)(2), to allow the use of up to 615 non-domestic
workstation tables.
Background
Caltrans and IDOT were awarded five separate grants from FRA to
purchase rolling stock, including single-level passenger railcars, for
use in intercity passenger rail service (Project). Caltrans and IDOT
entered into a contract with Sumitomo Corporation of Americas (SCOA) to
produce and deliver the railcars; SCOA entered into a subcontract with
Siemens USA to manufacture the railcars. Siemens contracted with Baker
Bellfield, a company headquartered in the United Kingdom (UK), to
manufacture in the United States 615 workstation tables for the
Project.
Like other European suppliers that Siemens has brought to the U.S.
rail market, Baker Bellfield has committed to locate its production
facility near the Siemens manufacturing facility in Sacramento,
California. Baker Bellfield has already signed a lease for a property.
Following localization, tables manufactured by Baker Bellfield at its
facility in Sacramento would comply with FRA's Buy America requirements
and would be installed in the FRA-funded passenger railcars.
Baker Bellfield intended to begin manufacturing the tables at its
planned U.S. facility the week of March 9, 2020. However, due to
complications relating to the coronavirus disease 2019 (COVID-19)
pandemic (e.g., travel restrictions and restrictions on operating non-
essential businesses), Baker Bellfield has been unable to open its
Sacramento manufacturing facility on schedule. To meet contractual
delivery schedules, Siemens proposes purchasing up to 615 tables made
by Baker Bellfield in its UK-based facility, which do not comply with
FRA's Buy America requirements. Once COVID-19 restrictions are lifted,
Baker Bellfield intends to complete localization.
On July 23, 2020, Caltrans and IDOT requested a waiver \1\ from
FRA's Buy America requirement for up to 238 workstation tables. Due to
delays related to the continuing pandemic, Caltrans and IDOT increased
the request to 615. For the reasons stated below, FRA grants a non-
availability waiver to Caltrans and IDOT.
---------------------------------------------------------------------------
\1\ The Caltrans and IDOT waiver request is available at:
https://railroads.dot.gov/elibrary/calidot-workstation-table-buy-america-waiver-request.
---------------------------------------------------------------------------
Buy America Requirement
With certain exceptions, FRA's Buy America Act requires that ``the
steel, iron, and manufactured goods used in the project are produced in
the United States.'' 49 U.S.C. 22905(a)(1). FRA's requirements apply
without regard to the source of funds.
If Caltrans and IDOT do not receive a waiver, they may not acquire
goods for use in the Project that are not consistent with Section
22905(a)(1), even if they do not propose to use Federal funds. However,
FRA may waive this requirement if it determines:
(A) Applying [FRA's Buy America requirements] would be
inconsistent with the public interest; (B) 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; (C) rolling stock or power train equipment cannot be bought
and delivered in the United States within a reasonable time; or (D)
including domestic material will increase the cost of the overall
project by more than 25 percent.
In addition to the Buy America statute, FRA's action is subject to
Executive Order 14005 Ensuring the Future is Made in All of America by
All of America's Workers, 86 FR 7475 (January 28, 2021). Consistent
with Executive Order 14005, FRA evaluated the waiver request, and
sought input from the public, to determine whether Caltrans and IDOT
had sought to maximize the use of goods, products, and materials
produced in the United States.
[[Page 28674]]
Findings
In a letter to FRA, dated July 23, 2020, Caltrans and IDOT
described the need for workstation tables, the steps taken to identify
domestically sourced tables, and the harm that would result in the
absence of a waiver. FRA evaluated the information provided and made
the following findings.
A. COVID-19 Pandemic
As described in the request, the non-availability giving rise to
the need for a waiver is due to effects from the COVID-19 pandemic.
Prior to March 2020, Siemens entered into a contract with Baker
Bellfield, a U.K.-based manufacturer, to establish a manufacturing
facility in Sacramento, California so that Baker Bellfield could
manufacture Buy-America-compliant workstation tables for the Project.
However, due to restrictions relating to the COVID-19 pandemic, Baker
Bellfield is not able to localize in time to meet the Project's
production schedule. Thus, Siemens increased its initial request from
238 to 615 workstation tables from Baker Bellfield's facility in the
U.K. to meet the production schedule. These tables would not be
compliant with FRA's Buy America requirement and would require a
waiver.
B. There is No Domestic Source of Workstation Tables That Meet the
PRIIA Specification
In accordance with the Passenger Rail Investment and Improvement
Act of 2008, and the FRA grant agreement, the single-level railcars
must comply with the 305-003 Rev A Single Level Passenger Car Technical
Specification (PRIIA Specification).
SCOA and Siemens conducted an intensive search of domestic
suppliers who could either meet the PRIIA Specification with an
existing design or develop a completely new table. However, they could
not find a domestic table supplier with the proven passenger rail
interior component modeling and structural simulation expertise and who
could produce a workstation table that met the PRIIA Specification.
While Siemens initially identified a domestic source for workstation
tables, which were previously installed in railcars for another
project, after testing and modeling, Siemens determined the tables
could not be configured to meet the required safety and design
standards. Ultimately, Baker Bellfield's workstation tables are the
only workstation tables that demonstrated passing simulated results and
are expected to comply with the PRIIA Specification when configured for
use in the Siemens railcar. Therefore, Siemens developed a plan to
locate a Baker Bellfield facility in Sacramento, California, to produce
the workstation tables. The workstation tables manufactured at the
Baker Bellfield facility in Sacramento would have complied with FRA's
Buy America requirement.
However, due to the COVID-19 pandemic, Baker Bellfield's
localization efforts have been delayed. To address the current non-
availability of compliant workstation tables, and to avoid potential
further delays in the railcar delivery, Siemens proposes to purchase up
to 615 tables from Baker Bellfield's facility in the UK to meet
production and delivery schedules.
To keep production lines running, Caltrans and IDOT accepted
delivery of incomplete railcars. The incomplete cars cannot enter
revenue service because they do not have workstation tables. Currently,
the incomplete cars are being stored by Caltrans or IDOT, as
applicable, until PRIIA-compliant workstation tables are available. As
a result, Caltrans and IDOT have incurred costs to store the railcars
and may incur additional costs, such as extending the lease of the
existing fleet. However, if the waiver is granted, Siemens can quickly
install the Baker Bellfield tables and the cars can enter revenue
service.
As soon as it is able, Baker Bellfield will complete localization
of its facility in Sacramento, California, which will create a new
domestic supply of workstation tables for use in future projects.
C. Harm Would Result if a Waiver Is Not Granted
According to Caltrans and IDOT, if a waiver is not granted, the
vehicles now being manufactured could not be used for revenue service
and would need to be stored at Caltrans and IDOT commissioning sites,
waiting for the availability of new tables. The cost of storage is
variable, becoming higher as the number of cars needing storage
increases and the remaining storage spaces decrease. For IDOT, costs
are estimated to be $39,000 (subject to site selection and owner's
confirmation) for storage of up to 40 IDOT Venture cars per year. At
the ACE facility in Stockton, California, the San Joaquin Regional Rail
Commission will charge Siemens $250 per day per railcar for storage of
cars not in revenue service. These costs do not include the costs for
delayed manufacturing, retrofitting existing cars, delays to revenue
service, and lost warranty time. If Caltrans and IDOT are unable to
store the railcars, Siemens would stop production of the railcars as it
does not have capacity to store the railcars onsite. If FRA denied the
request, Siemens would not be able to deliver single-level cars that
meet the required specifications until after the pandemic-related
restrictions are removed, significantly delaying the Project. Caltrans
and IDOT would also incur significant costs related to the delay and
storage of the railcars.
Approving the waiver would help mitigate the negative effects of
the COVID-19 pandemic by quickly installing workstation tables in
railcars that can be put into revenue operations, which will maximize
passenger safety, minimize implementation impacts and overall costs,
and mitigate schedule issues for delivery and revenue service
availability. In addition, allowing the use of the Baker Bellfield
tables would allow the Caltrans and IDOT procurement to maintain its
priority position in Siemens' production schedule, and allow the
Project to remain on schedule. Caltrans and IDOT provided additional
information to FRA that domestically-sourced subcomponents were used in
the Project. Generally, FRA does not require the use of domestic
subcomponents, and the use of domestic subcomponents increases the
overall amount of domestic material used in the Project. On the basis
of this information, FRA concludes this action is consistent with the
policy in Executive Order 14005 to maximize ``the use of goods,
products, and materials produced in, and services offered in, the
United States.'' FRA further concludes that denying the requested
waiver would not increase the use of goods, products, and materials
produced in the United States.
Determination
FRA has determined a ``non-availability'' waiver is appropriate
under 49 U.S.C. 22905(a)(2)(B) for up to 615 workstation tables,
because workstation tables meeting the PRIIA Specification are not
currently ``produced in a sufficient and reasonably available amount or
are not of a satisfactory quality.'' FRA bases this determination on
the following:
There is currently no domestic source of workstation
tables that meet the PRIIA Specification when configured for the
Caltrans and IDOT railcars and domestic tables cannot be delivered
within a reasonable time.
But for the COVID-19 pandemic, Siemens would have used
workstation tables that complied with FRA's Buy America requirement.
[[Page 28675]]
On December 31, 2020, FRA provided public notice of the
Caltrans and IDOT waiver request and a 15-day opportunity for comment.
FRA also emailed the notice to over 6,000 recipients that requested Buy
America notices through ``GovDelivery.'' FRA did not receive any
comments.
This waiver only applies to Siemens's acquisition and installation
of up to 615 workstation tables for use in the Project.
FRA is providing notice of such finding and an opportunity for
public comment after which this waiver will become effective.
Issued in Washington, DC.
Amitabha Bose,
Deputy Administrator.
[FR Doc. 2021-11269 Filed 5-26-21; 8:45 am]
BILLING CODE 4910-06-P
