80_FR_21372 80 FR 21298 - Notice of Intent To Grant a Buy America Waiver to the New York Metropolitan Transportation Authority for the Use of Transponders and Temporary Speed Restriction Safety Servers

80 FR 21298 - Notice of Intent To Grant a Buy America Waiver to the New York Metropolitan Transportation Authority for the Use of Transponders and Temporary Speed Restriction Safety Servers

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range21298-21299
FR Document2015-08786

FRA is issuing this notice to advise the public that it intends to grant the New York Metropolitan Transportation Authority (MTA) on behalf of its commuter railroad subsidiaries, Long Island Rail Road (LIRR) and Metro-North Commuter Railroad Company (Metro-North), a waiver from FRA's Buy America requirement for the use of (a) transponders and (b) Temporary Speed Restriction (TSR) safety servers, which are made in Sweden. Transponders and TSR safety servers are two components of LIRR's and Metro-North's Positive Train Control system (PTC). The two non-domestic components represent approximately 1% of the $428 million total value of the contracts Metro-North and LIRR entered into with a system integrator to design and furnish PTC (PTC Contracts). The TSR safety servers cost less than $1 million and the transponders approximately $4 million. FRA anticipates funding the PTC Contracts, and other PTC-related projects, under a $967.1 million FRA Railroad Rehabilitation & Improvement Financing loan.

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015) 
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21298-21299]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08786]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]


Notice of Intent To Grant a Buy America Waiver to the New York 
Metropolitan Transportation Authority for the Use of Transponders and 
Temporary Speed Restriction Safety Servers

AGENCY: Federal Railroad Administration (FRA), United States Department 
of Transportation (DOT).

ACTION: Notice of intent to grant Buy America waiver.

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

SUMMARY:  FRA is issuing this notice to advise the public that it 
intends to grant the New York Metropolitan Transportation Authority 
(MTA) on behalf of its commuter railroad subsidiaries, Long Island Rail 
Road (LIRR) and Metro-North Commuter Railroad Company (Metro-North), a 
waiver from FRA's Buy America requirement for the use of (a) 
transponders and (b) Temporary Speed Restriction (TSR) safety servers, 
which are made in Sweden. Transponders and TSR safety servers are two 
components of LIRR's and Metro-North's Positive Train Control system 
(PTC). The two non-domestic components represent approximately 1% of 
the $428 million total value of the contracts Metro-North and LIRR 
entered into with a system integrator to design and furnish PTC (PTC 
Contracts). The TSR safety servers cost less than $1 million and the 
transponders approximately $4 million. FRA anticipates funding the PTC 
Contracts, and other PTC-related projects, under a $967.1 million FRA 
Railroad Rehabilitation & Improvement Financing loan.

DATES: Written comments on FRA's determination to grant MTA's Buy 
America waiver request should be provided to the FRA on or before April 
22, 2015.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FRA-2012-0033. All 
electronic submissions must be made to the U.S. Government electronic 
site at http://www.regulations.gov. Commenters should follow the 
instructions below for mailed and hand-delivered comments.
    (1) Web site: http://www.regulations.gov. Follow the instructions 
for submitting comments on the U.S. Government electronic docket site;
    (2) Fax: (202) 493-2251;
    (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Docket Operations, M-30, Room W12-140, Washington, DC 20590-0001; 
or
    (4) Hand Delivery: Room W12-140 on the first floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must make reference to the ``Federal 
Railroad Administration'' and include docket number FRA-2012-0033. Due 
to security procedures in effect since October 2001, mail received 
through the U.S. Postal Service may be subject to delays. Parties 
making submissions responsive to this notice should consider using an 
express mail firm to ensure the prompt filing of any submissions not 
filed electronically or by hand. Note that all submissions received, 
including any personal information therein, will be posted without 
change or alteration to http://www.regulations.gov. For more 
information, you may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477), or visit 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor, 
FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 25, 
Washington, DC 20590, (202) 493-0078, John.Johnson@dot.gov.

SUPPLEMENTARY INFORMATION: 
    The letter granting MTA's request is quoted below:

Mr. Richard L. Gans
Vice President--General Counsel & Secretary
Long Island Rail Road
Jamaica Station
Jamaica, NY 11435-4380

Re: Request for Waiver of Buy America Requirement

Dear Mr. Gans:

    As you are aware, on February 19, 2015, the New York 
Metropolitan Transportation Authority (MTA) on behalf of its 
commuter railroad subsidiaries, Long Island Rail Road (LIRR) and 
Metro-North Commuter Railroad Company (Metro-North), requested a 
waiver from the Federal Railroad Administration's (FRA) Buy America 
requirement to purchase (a) transponders and (b) Temporary Speed 
Restriction (TSR) safety servers for use in LIRR's and Metro-North's 
Positive Train Control system (PTC). The Rail Safety Improvement Act 
of 2008 requires certain railroads, including LIRR and Metro-North, 
to implement a PTC system on all nonexempt commuter main-line tracks 
by December 31, 2015. Facilitating PTC implementation is one of 
FRA's top priorities.
    MTA requested the waiver, stating that the components were not 
produced in the U.S. in sufficient and reasonably available amounts 
or are not of a satisfactory quality. The transponders and TSR 
safety servers are manufactured in Sweden. The two non-domestic 
components represent approximately 1% of the total value of the PTC 
system integrator contracts (PTC Contracts). MTA values the TSR 
safety servers at less than $1 million and the transponders at 
approximately $4 million. Total contract costs are approximately 
$428 million. For the reasons set forth below, FRA is granting a 
waiver for the purchase of the transponders and TSR safety servers.
    A waiver is appropriate because domestically-produced 
transponders and TSR safety servers meeting MTA's technical and 
schedule requirements are not currently ``produced in sufficient and 
reasonably available amount or are not of a satisfactory quality.'' 
Coordinating with FRA, MTA engaged the U.S. Department of Commerce's 
National Institute of Standards and Technology's Hollings 
Manufacturing Extension Partnership (NIST-MEP) to conduct market 
research for the transponders and TSR safety servers. In conducting 
that research, MTA contacted several potential manufacturers 
identified by NIST-MEP. None produced the transponders or TSR safety 
servers.
    On February 20, 2015, FRA provided public notice of this waiver 
request and a 15-day opportunity for comment on its Web site. FRA 
also emailed notice to over 6,000 persons who have signed up for Buy 
America notices through ``GovDelivery.'' See http://www.fra.dot.gov/Page/P0784. FRA received one comment, which was not responsive to 
this waiver request. FRA will publish this letter granting MTA's 
request in the Federal Register and provide notice of such finding 
and an opportunity for public comment after which this waiver will 
become effective.
    Question about this letter can be directed to, John Johnson, 
Attorney-Advisor, at John.Johnson@dot.gov or (202) 493-0078.

Sincerely,

Sarah Feinberg
Acting Administrator


[[Page 21299]]


    Issued in Washington, DC, on April 2015.
Melissa L. Porter,
Chief Counsel.
[FR Doc. 2015-08786 Filed 4-16-15; 8:45 am]
 BILLING CODE 4910-06-P

21298 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices Correction America waiver request should be Dear Mr. Gans: In the Federal Register of April 3, provided to the FRA on or before April As you are aware, on February 19, 2015, 2015, in FR Doc. 2015–07656, on page 22, 2015. the New York Metropolitan Transportation 18292, in the second column, correct ADDRESSES: Please submit your Authority (MTA) on behalf of its commuter the paragraph to read: comments by one of the following railroad subsidiaries, Long Island Rail Road In addition, FRA is extending the means, identifying your submissions by (LIRR) and Metro-North Commuter Railroad comment period for this waiver petition docket number FRA–2012–0033. All Company (Metro-North), requested a waiver electronic submissions must be made to from the Federal Railroad Administration’s to June 21, 2015, to allow adequate time the U.S. Government electronic site at (FRA) Buy America requirement to purchase for any additional comments to be http://www.regulations.gov. (a) transponders and (b) Temporary Speed submitted following the public hearing Restriction (TSR) safety servers for use in on May 21, 2015. Commenters should follow the LIRR’s and Metro-North’s Positive Train Issued in Washington, DC, on April 11, instructions below for mailed and hand- Control system (PTC). The Rail Safety 2015. delivered comments. Improvement Act of 2008 requires certain (1) Web site: http:// Ron Hynes, railroads, including LIRR and Metro-North, www.regulations.gov. Follow the to implement a PTC system on all nonexempt Director, Office of Technical Oversight. instructions for submitting comments commuter main-line tracks by December 31, [FR Doc. 2015–08938 Filed 4–16–15; 8:45 am] on the U.S. Government electronic 2015. Facilitating PTC implementation is one BILLING CODE 4910–06–P docket site; of FRA’s top priorities. (2) Fax: (202) 493–2251; MTA requested the waiver, stating that the (3) Mail: U.S. Department of components were not produced in the U.S. DEPARTMENT OF TRANSPORTATION Transportation, 1200 New Jersey in sufficient and reasonably available Avenue SE., Docket Operations, M–30, amounts or are not of a satisfactory quality. Federal Railroad Administration Room W12–140, Washington, DC The transponders and TSR safety servers are [Docket No. FRA–2012–0033] 20590–0001; or manufactured in Sweden. The two non- (4) Hand Delivery: Room W12–140 on domestic components represent Notice of Intent To Grant a Buy the first floor of the West Building, 1200 approximately 1% of the total value of the America Waiver to the New York New Jersey Avenue SE., Washington, PTC system integrator contracts (PTC Metropolitan Transportation Authority DC 20590, between 9 a.m. and 5 p.m., Contracts). MTA values the TSR safety for the Use of Transponders and Monday through Friday, except Federal servers at less than $1 million and the Temporary Speed Restriction Safety holidays. transponders at approximately $4 million. Servers Instructions: All submissions must Total contract costs are approximately $428 make reference to the ‘‘Federal Railroad million. For the reasons set forth below, FRA AGENCY: Federal Railroad is granting a waiver for the purchase of the Administration (FRA), United States Administration’’ and include docket number FRA–2012–0033. Due to transponders and TSR safety servers. Department of Transportation (DOT). A waiver is appropriate because security procedures in effect since ACTION: Notice of intent to grant Buy domestically-produced transponders and October 2001, mail received through the America waiver. TSR safety servers meeting MTA’s technical U.S. Postal Service may be subject to and schedule requirements are not currently SUMMARY: FRA is issuing this notice to delays. Parties making submissions ‘‘produced in sufficient and reasonably advise the public that it intends to grant responsive to this notice should available amount or are not of a satisfactory the New York Metropolitan consider using an express mail firm to quality.’’ Coordinating with FRA, MTA Transportation Authority (MTA) on ensure the prompt filing of any engaged the U.S. Department of Commerce’s behalf of its commuter railroad submissions not filed electronically or National Institute of Standards and subsidiaries, Long Island Rail Road by hand. Note that all submissions Technology’s Hollings Manufacturing (LIRR) and Metro-North Commuter received, including any personal Extension Partnership (NIST–MEP) to Railroad Company (Metro-North), a information therein, will be posted conduct market research for the transponders waiver from FRA’s Buy America without change or alteration to http:// and TSR safety servers. In conducting that requirement for the use of (a) www.regulations.gov. For more research, MTA contacted several potential transponders and (b) Temporary Speed information, you may review DOT’s manufacturers identified by NIST–MEP. Restriction (TSR) safety servers, which complete Privacy Act Statement in the None produced the transponders or TSR are made in Sweden. Transponders and Federal Register published on April 11, safety servers. TSR safety servers are two components 2000 (65 FR 19477), or visit http:// On February 20, 2015, FRA provided www.regulations.gov. public notice of this waiver request and a 15- of LIRR’s and Metro-North’s Positive day opportunity for comment on its Web site. Train Control system (PTC). The two FOR FURTHER INFORMATION CONTACT: Mr. FRA also emailed notice to over 6,000 non-domestic components represent John Johnson, Attorney-Advisor, FRA persons who have signed up for Buy America approximately 1% of the $428 million Office of Chief Counsel, 1200 New notices through ‘‘GovDelivery.’’ See http:// total value of the contracts Metro-North Jersey Avenue SE., Mail Stop 25, www.fra.dot.gov/Page/P0784. FRA received and LIRR entered into with a system Washington, DC 20590, (202) 493–0078, one comment, which was not responsive to integrator to design and furnish PTC John.Johnson@dot.gov. this waiver request. FRA will publish this (PTC Contracts). The TSR safety servers SUPPLEMENTARY INFORMATION: letter granting MTA’s request in the Federal cost less than $1 million and the The letter granting MTA’s request is Register and provide notice of such finding transponders approximately $4 million. quoted below: and an opportunity for public comment after tkelley on DSK3SPTVN1PROD with NOTICES FRA anticipates funding the PTC which this waiver will become effective. Mr. Richard L. Gans Contracts, and other PTC-related Vice President—General Counsel & Secretary Question about this letter can be directed projects, under a $967.1 million FRA to, John Johnson, Attorney-Advisor, at Long Island Rail Road Railroad Rehabilitation & Improvement Jamaica Station John.Johnson@dot.gov or (202) 493–0078. Financing loan. Jamaica, NY 11435–4380 Sincerely, DATES: Written comments on FRA’s Re: Request for Waiver of Buy America Sarah Feinberg determination to grant MTA’s Buy Requirement Acting Administrator VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1

Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21299 Issued in Washington, DC, on April 2015. need to annually test and calibrate the Anyone is able to search the Melissa L. Porter, new synthesized radio. Essentially, if electronic form of any written Chief Counsel. the radio is transmitting, the signal is communications and comments [FR Doc. 2015–08786 Filed 4–16–15; 8:45 am] within the proper specifications. received into any of our dockets by the BILLING CODE 4910–06–P In the most recent letter dated name of the individual submitting the November 25, 2014, Wabtec stated that comment (or signing the document, if it still offers this radio (Wabtec submitted on behalf of an association, DEPARTMENT OF TRANSPORTATION TrainLink II) in certain new business, labor union, etc.). In manufactured end-of-train/head-of-train accordance with 5 U.S.C. 553(c), DOT Federal Railroad Administration (EOT/HOT) products today, although it solicits comments from the public to [Docket Number FRA–2004–18895] has largely been replaced by a more better inform its processes. DOT posts modern radio design. However, there is these comments, without edit, including Petition for Waiver of Compliance a large fielded population in service in any personal information the North America. Wabtec further stated commenter provides, to In accordance with part 211 of title 49 that in order to meet the needs of www.regulations.gov, as described in of the Code of Federal Regulations customers, the company plans to the system of records notice (DOT/ALL– (CFR), this provides the public notice continue to manufacture Wabtec 14 FDMS), which can be reviewed at that by a document dated November 25, digitally synthesized radios (Wabtec www.dot.gov/privacy. See also http:// 2014, Wabtec Railway Electronics has TrainLink series) for replacement use in www.regulations.gov/#!privacyNotice petitioned the Federal Railroad HOT and EOT equipment, as well as for the privacy notice of regulations.gov Administration (FRA) for a waiver of limited use in new production or interested parties may review DOT’s compliance from certain provisions of deliveries. complete Privacy Act Statement in the the Federal railroad safety regulations A copy of the petition, as well as any Federal Register published on April 11, contained at 49 CFR 232.409(d)— written communications concerning the 2000 (65 FR 19477). Inspection and testing of end-of-train petition, is available for review online at devices. FRA assigned the petition Issued in Washington, DC, on April 11, www.regulations.gov and in person at 2015. Docket Number FRA–2004–18895. the U.S. Department of Transportation’s Wabtec Railway Electronics (Wabtec) Ron Hynes, (DOT) Docket Operations Facility, 1200 Director of Technical Oversight. is submitting a request for a 5-year New Jersey Avenue SE., W12–140, extension to the waiver previously Washington, DC 20590. The Docket [FR Doc. 2015–08937 Filed 4–16–15; 8:45 am] granted to it in Docket Number FRA– Operations Facility is open from 9 a.m. BILLING CODE 4910–06–P 2004–18895. Wabtec initially submitted to 5 p.m., Monday through Friday, its request for a waiver of compliance except Federal Holidays. from 49 CFR 232.409(d) in July 2004, DEPARTMENT OF VETERANS Interested parties are invited to and the waiver was granted in May AFFAIRS participate in these proceedings by 2005. Subsequently, Wabtec applied for submitting written views, data, or a 5-year extension to the original waiver Advisory Committee on Cemeteries comments. FRA does not anticipate and Memorials, Notice of Meeting in October 2009. The extension was scheduling a public hearing in granted in May 2010. connection with these proceedings since The Department of Veterans Affairs In its original request for waiver of the facts do not appear to warrant a (VA) gives notice under Federal compliance from 49 CFR 232.409(d) in hearing. If any interested party desires Advisory Committee Act, 38 U.S.C. July 2004, Wabtec stated that the an opportunity for oral comment, they App. 2 that a meeting of the Advisory advanced technology being used in the should notify FRA, in writing, before Committee on Cemeteries and units includes transceivers with phase the end of the comment period and Memorials will be held on May 12–13, locked loop circuitry along with specify the basis for their request. 2015, in the National Cemetery temperature and voltage controlled All communications concerning these Administration’s training room 104 at crystal oscillators to maintain spectral proceedings should identify the 1100 First Street NE., Washington, DC (signal) purity. This automatic appropriate docket number (e.g., Waiver 20002, from 8:30 a.m. to 4:30 p.m. The calibration algorithm works by Petition Docket Number FRA–2004– meeting is open to the public. optimizing the voltage-controlled 18895) and may be submitted by any of The purpose of the Committee is to oscillators’ control parameters to the following methods: advise the Secretary of Veterans Affairs achieve minimum phase noise. It auto • Web site: http:// on the administration of national calibrates the power amplifier and www.regulations.gov. Follow the online cemeteries, soldiers’ lots and plots, the power amplifier driver bias current instructions for submitting comments. selection of new national cemetery sites, every time the transmitter is powered. • Fax: 202–493–2251. the erection of appropriate memorials, This automatic calibration feature is the • Mail: Docket Operations Facility, and the adequacy of Federal burial heart of maintaining the radio’s U.S. Department of Transportation, 1200 benefits. performance integrity. New Jersey Avenue SE., W12–140, On May 12, the Committee will Should the radio experience a Washington, DC 20590. receive mandatory training from the component failure, the automated • Hand Delivery: 1200 New Jersey Office of General Counsel in the calibration routine will cycle Avenue SE., Room W12–140, morning and updates on VA and continuously, effectively shut down the Washington, DC 20590, between 9 a.m. National Cemetery Administration tkelley on DSK3SPTVN1PROD with NOTICES radio, and provide the appropriate ‘‘No and 5 p.m., Monday through Friday, (NCA) issues by appropriate VA staff. Comm’’ display in the cab of the except Federal Holidays. On the morning of May 13, the locomotive. Failure in the micro/power Communications received by June 1, Committee will receive background supply areas will also result in an 2015 will be considered by FRA before information on NCA projects and inoperable radio, and the same ‘‘No final action is taken. Comments received updates from ex-officio members. Comm’’ message will be received in the after that date will be considered as far Time will be allocated on both May locomotive cab. Therefore, there is no as practicable. 12 and May 13 to receive public VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1


Document Created: 2015-12-18 11:20:02
Document Modified: 2015-12-18 11:20:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to grant Buy America waiver.
DatesWritten comments on FRA's determination to grant MTA's Buy America waiver request should be provided to the FRA on or before April 22, 2015.
ContactMr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202) 493-0078, [email protected]
FR Citation80 FR 21298 
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