80 FR 29383 - Notice of Intent to Grant a Buy America Waiver to the Long Island Rail Road for the Purchase of Seven U.S.-Made Turnouts Containing Four Non-Domestic Components
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 80, Issue 98 (May 21, 2015)
Federal Railroad Administration
Federal Register Volume 80, Issue 98 (May 21, 2015)
| Page Range | 29383-29384 | |
| FR Document | 2015-12332 |
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)] [Notices] [Pages 29383-29384] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12332] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2012-0033] Notice of Intent to Grant a Buy America Waiver to the Long Island Rail Road for the Purchase of Seven U.S.-Made Turnouts Containing Four Non-Domestic Components 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 Long Island Rail Road (LIRR), a subsidiary of the Metropolitan Transportation Authority, a waiver from FRA's Buy America requirement under 49 U.S.C. 24405(a)(2)(B) for the purchase of seven (7) turnouts manufactured by VAE Nortrak North America, Inc. at its plant in Birmingham, Alabama, for use in the LIRR North East Corridor Congestion Relief Project at Harold Interlocking. The turnouts will contain four components (ZU1-60 steel left and right switch point rail sections and Schwihag roller assemblies and plates) not produced in the U.S. The roller assemblies and plates are manufactured in Switzerland, and the ZUl-60 steel switch point rail sections are manufactured in Austria. The foreign material comprises approximately 11.9 percent of the turnouts' $3.1 million cost or approximately $367,000. FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the ZUI-60 steel switch point rail sections and roller assemblies and plates because domestically-produced components meeting the specific needs of LIRR are not currently ``produced in sufficient and reasonably available amount or are not of a satisfactory quality.'' DATES: Written comments on FRA's determination to grant LIRR's Buy America waiver request should be provided to the FRA on or before May 26, 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 LIRR's request is quoted below: Mr. Carl Cipriano Manager-Procurement East Side Access Long Island Rail Road 90-27 Sutphin Boulevard 3 Floor, MC 0335 Jamaica, NY 11435 Re: Request for Waiver of Buy America Requirement Dear Mr. Cipriano: As you are aware, on August 21, 2014, the Long Island Rail Road (LIRR) requested a waiver from FRA's Buy America requirement to purchase twenty-two (22) turnouts (Turnouts) manufactured by VAE Nortrak North America, Inc. (Nortrak) for use in the LIRR North East Corridor (NEC) Congestion Relief Project at Harold Interlocking (Harold Interlocking Project). In February 2015, LIRR withdrew its request for the full twenty-two (22) Turnouts and amended its request to only seven (7) Turnouts. Those 7 Turnouts will be manufactured by Nortrak at its plant in Birmingham, Alabama, but will contain four components (ZU1-60 steel left and right switch point rail sections and Schwihag roller assemblies and plates) that are not produced in the U.S. Instead, the roller assemblies and plates are manufactured in Switzerland and the ZUl-60 steel switch point rail sections are manufactured in Austria. The foreign material comprises approximately 11.9 percent of the Turnouts' $3.1 million cost or approximately $367,000. LIRR amended its request because it determined that an alternative turnout design that Union Pacific railroad is using could potentially provide LIRR with a 100-percent FRA Buy America compliant turnout for future use at Harold Interlocking. However, LIRR asserts that an alternative design will require significant work before LIRR can integrate it into LIRR's infrastructure, including use for Harold Interlocking. This work includes development of a new configuration; preparation of shop drawings; and preparation, review and [[Page 29384]] approval of the new design. The new specification then must be provided to potential manufacturers who will need to perform additional engineering and fabrication so that the newly designed turnout can be adapted for use for the Harold Interlocking Project. FRA agrees with LIRR's assertions. For the reasons set forth below, FRA is granting a waiver for the purchase of seven (7) Turnouts. FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the ZUI-60 steel switch point rail sections and roller assemblies and plates because domestically-produced components meeting the specific needs of LIRR for this application are not currently ``produced in sufficient and reasonably available amount or are not of a satisfactory quality.'' Both FRA and LIRR have conducted significant outreach to find 100-percent compliant turnouts. LIRR issued two competitive solicitations for the Turnouts and received no Buy America compliant bids. LIRR also conducted extensive market research utilizing a previous scouting report relating to turnout components from a previous FRA waiver for the same components. In conducting that research, LIRR contacted seven potential manufacturers. None produced the needed turnout components as designed. On September 19, 2014, 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/P0719. FRA received no comments. Moreover, although a future design capable of using domestic components may be possible, FRA concludes that the seven (7) turnouts are not reasonably available because the time required to design, test, and competitively procure those turnouts would likely cause at least a one year delay in completing the overall project, preventing the Harold Interlocking Project from being completed by September 30, 2017 (the deadline for the expenditure of Federal funds awarded under the American Recovery and Reinvestment Act of 2009). Thus, FRA grants LIRR's request for the initial seven (7) Turnouts. This waiver applies only to the ZUI-60 steel switch point rail sections and Schwihag roller assemblies and plates as manufactured into the initial seven (7) Turnouts installed in the Harold Interlocking Project. We will not grant any future requests for waivers without a specific showing that a significant good faith effort to obtain domestic sources for these components has taken place but failed. Pursuant to 49 U.S.C. 24405(a)(4), FRA will publish this letter granting LIRR'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. Questions 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. Melissa L. Porter, Chief Counsel. [FR Doc. 2015-12332 Filed 5-20-15; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices 29383
right of way for West Main Street. An components (ZU1–60 steel left and right www.regulations.gov. For more
additional 0.84 acres is proposed for switch point rail sections and Schwihag information, you may review DOT’s
right of way along West Main Street, roller assemblies and plates) not complete Privacy Act Statement in the
and 1.55 acres is proposed for right of produced in the U.S. The roller Federal Register published on April 11,
way along Airport Road. These portions assemblies and plates are manufactured 2000 (65 FR 19477), or visit http://
of the subject parcel are currently in Switzerland, and the ZUl-60 steel www.regulations.gov.
vacant. It has been determined through switch point rail sections are FOR FURTHER INFORMATION CONTACT: Mr.
study and master planning that the manufactured in Austria. The foreign John Johnson, Attorney-Advisor, FRA
subject parcel will not be needed for material comprises approximately 11.9 Office of Chief Counsel, 1200 New
aeronautical purposes. The proceeds of percent of the turnouts’ $3.1 million Jersey Avenue SE., Mail Stop 25,
the sale will be used exclusively for cost or approximately $367,000. FRA Washington, DC 20590, (202) 493–0078,
developing, improving, operating, or believes a waiver is appropriate under John.Johnson@dot.gov.
maintaining the Lewistown Municipal 49 U.S.C. 24405(a)(2)(B) for the ZUI–60
SUPPLEMENTARY INFORMATION:
Airport. steel switch point rail sections and
The letter granting LIRR’s request is
DATES: Comments must be received on roller assemblies and plates because
quoted below:
or before June 22, 2015. domestically-produced components
meeting the specific needs of LIRR are Mr. Carl Cipriano
ADDRESSES: Send comments on this Manager-Procurement East Side Access
document to Mr. Steve Engebrecht at the not currently ‘‘produced in sufficient
and reasonably available amount or are Long Island Rail Road
Federal Aviation Administration, 2725 90–27 Sutphin Boulevard
Skyway Drive, Suite 2, Helena, MT, not of a satisfactory quality.’’
3 Floor, MC 0335
59601, Telephone 406–449–5271. DATES: Written comments on FRA’s
Jamaica, NY 11435
FOR FURTHER INFORMATION CONTACT:
determination to grant LIRR’s Buy
America waiver request should be Re: Request for Waiver of Buy America
Documents are available for review by Requirement
appointment by contacting Mr. Steve provided to the FRA on or before May
26, 2015. Dear Mr. Cipriano:
Engebrecht, Telephone 406–449–5271
or by contacting Mr. Jason Garwood, ADDRESSES: Please submit your As you are aware, on August 21, 2014,
Federal Aviation Administration, 2725 comments by one of the following the Long Island Rail Road (LIRR)
Skyway Drive, Suite 2, Helena, MT means, identifying your submissions by requested a waiver from FRA’s Buy
59601, Telephone 406–449–5271. docket number FRA–2012–0033. All America requirement to purchase
electronic submissions must be made to twenty-two (22) turnouts (Turnouts)
Issued in Helena, Montana, on May 15, manufactured by VAE Nortrak North
2015. the U.S. Government electronic site at
http://www.regulations.gov. America, Inc. (Nortrak) for use in the
David S. Stelling,
Commenters should follow the LIRR North East Corridor (NEC)
Manager, Helena Airports District Office. Congestion Relief Project at Harold
instructions below for mailed and hand-
[FR Doc. 2015–12373 Filed 5–20–15; 8:45 am] delivered comments. Interlocking (Harold Interlocking
BILLING CODE 4910–13–P (1) Web site: http:// Project).
www.regulations.gov. Follow the In February 2015, LIRR withdrew its
instructions for submitting comments request for the full twenty-two (22)
DEPARTMENT OF TRANSPORTATION on the U.S. Government electronic Turnouts and amended its request to
docket site; only seven (7) Turnouts. Those 7
Federal Railroad Administration
(2) Fax: (202) 493–2251; Turnouts will be manufactured by
[Docket No. FRA–2012–0033] (3) Mail: U.S. Department of Nortrak at its plant in Birmingham,
Transportation, 1200 New Jersey Alabama, but will contain four
Notice of Intent to Grant a Buy America Avenue SE., Docket Operations, M–30, components (ZU1–60 steel left and right
Waiver to the Long Island Rail Road for Room W12–140, Washington, DC switch point rail sections and Schwihag
the Purchase of Seven U.S.-Made 20590–0001; or roller assemblies and plates) that are not
Turnouts Containing Four Non- (4) Hand Delivery: Room W12–140 on produced in the U.S. Instead, the roller
Domestic Components the first floor of the West Building, 1200 assemblies and plates are manufactured
AGENCY: Federal Railroad New Jersey Avenue SE., Washington, in Switzerland and the ZUl-60 steel
Administration (FRA), United States DC 20590, between 9 a.m. and 5 p.m., switch point rail sections are
Department of Transportation (DOT). Monday through Friday, except Federal manufactured in Austria. The foreign
ACTION: Notice of intent to grant Buy holidays. material comprises approximately 11.9
America waiver. Instructions: All submissions must percent of the Turnouts’ $3.1 million
make reference to the ‘‘Federal Railroad cost or approximately $367,000.
SUMMARY: FRA is issuing this notice to Administration’’ and include docket LIRR amended its request because it
advise the public that it intends to grant number FRA–2012–0033. Due to determined that an alternative turnout
the Long Island Rail Road (LIRR), a security procedures in effect since design that Union Pacific railroad is
subsidiary of the Metropolitan October 2001, mail received through the using could potentially provide LIRR
Transportation Authority, a waiver from U.S. Postal Service may be subject to with a 100-percent FRA Buy America
FRA’s Buy America requirement under delays. Parties making submissions compliant turnout for future use at
49 U.S.C. 24405(a)(2)(B) for the responsive to this notice should Harold Interlocking. However, LIRR
tkelley on DSK3SPTVN1PROD with NOTICES
purchase of seven (7) turnouts consider using an express mail firm to asserts that an alternative design will
manufactured by VAE Nortrak North ensure the prompt filing of any require significant work before LIRR can
America, Inc. at its plant in submissions not filed electronically or integrate it into LIRR’s infrastructure,
Birmingham, Alabama, for use in the by hand. Note that all submissions including use for Harold Interlocking.
LIRR North East Corridor Congestion received, including any personal This work includes development of a
Relief Project at Harold Interlocking. information therein, will be posted new configuration; preparation of shop
The turnouts will contain four without change or alteration to http:// drawings; and preparation, review and
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![29384 Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices
approval of the new design. The new good faith effort to obtain domestic FOR FURTHER INFORMATION CONTACT: You
specification then must be provided to sources for these components has taken may contact Bill Kurfehs, Office of
potential manufacturers who will need place but failed. Sealift Support, Maritime
to perform additional engineering and Pursuant to 49 U.S.C. 24405(a)(4), Administration, at (202) 366–2318. You
fabrication so that the newly designed FRA will publish this letter granting may send mail to Mr. Kurfehs at
turnout can be adapted for use for the LIRR’s request in the Federal Register Maritime Administration, 1200 New
Harold Interlocking Project. FRA agrees and provide notice of such finding and Jersey Avenue SE., MAR 630,
with LIRR’s assertions. For the reasons an opportunity for public comment after Washington, DC 20590–0001. You may
set forth below, FRA is granting a which this waiver will become effective. send electronic mail to Bill.Kurfehs@
waiver for the purchase of seven (7) Questions about this letter can be dot.gov. If you have questions on
Turnouts. directed to, John Johnson, Attorney- viewing the Docket, call Cheryl Collins,
FRA believes a waiver is appropriate Advisor, at John.Johnson@dot.gov or Program Manager, Docket Operations,
under 49 U.S.C. 24405(a)(2)(B) for the (202) 493–0078. telephone: (800) 647–5527.
ZUI–60 steel switch point rail sections Sincerely,
and roller assemblies and plates because SUPPLEMENTARY INFORMATION: The
domestically-produced components Sarah Feinberg, promotion of the United States
meeting the specific needs of LIRR for Acting Administrator. Merchant Marine is a central mission of
this application are not currently MARAD. The Merchant Marine Act of
Melissa L. Porter,
‘‘produced in sufficient and reasonably 1936 was enacted to promote a well-
Chief Counsel. equipped and efficient merchant marine
available amount or are not of a [FR Doc. 2015–12332 Filed 5–20–15; 8:45 am]
satisfactory quality.’’ Both FRA and fleet owned and operated by United
LIRR have conducted significant
BILLING CODE 4910–06–P States citizens and supported by
outreach to find 100-percent compliant domestic shipbuilding and repair
turnouts. LIRR issued two competitive facilities.1 MARAD was specifically
DEPARTMENT OF TRANSPORTATION formed as a separate maritime
solicitations for the Turnouts and
received no Buy America compliant Maritime Administration promotional entity from the Federal
bids. LIRR also conducted extensive Maritime Commission to ensure that
market research utilizing a previous [Docket Number MARAD–2015–0051] maritime promotional and regulatory
scouting report relating to turnout functions were handled by different
components from a previous FRA Policy Announcement; Merchant Federal agencies.2 The Message of the
waiver for the same components. In Marine Awards and Flags Program President transmitting Plan 7 states that
conducting that research, LIRR the ‘‘basic objective of the plan is to
AGENCY: Maritime Administration,
contacted seven potential strengthen and revitalize the
Department of Transportation.
manufacturers. None produced the administration of our Federal programs
ACTION: Notice. concerned with the promotion and
needed turnout components as
designed. SUMMARY: This notice serves to inform development of the U.S. Merchant
On September 19, 2014, FRA interested parties and the public of the Marine by concentrating responsibility
provided public notice of this waiver Maritime Administration’s (MARAD) in separate agencies for the performance
request and a 15-day opportunity for new policy for the issuance of Merchant of regulatory and promotional
comment on its Web site. FRA also Marine medals, decorations, citations, functions.’’
emailed notice to over 6,000 persons and the donation or loan of Merchant It is central to MARAD’s promotional
who have signed up for Buy America Marine flags. Consistent with Public mission to encourage citizens of the
notices through ‘‘GovDelivery.’’ See Law 84–759, 46 CFR part 350, and upon United States to join the United States
http://www.fra.dot.gov/Page/P0719. analysis and review of established Merchant Marine and to see that these
FRA received no comments. criteria, the Maritime Administration individuals are trained to operate the
Moreover, although a future design vessels of the United States. To this end,
will issue certain awards, and/or donate
capable of using domestic components MARAD operates the United States
or loan Merchant Marine flags, for the
may be possible, FRA concludes that the Merchant Marine Academy, supports
purpose of honoring the historic and or
seven (7) turnouts are not reasonably and helps fund training at State
continuing contributions of Merchant
available because the time required to Maritime Academies, provides certain
Mariners to the United States. This
design, test, and competitively procure property to support nonprofit and other
policy updates MARAD procedures to
those turnouts would likely cause at maritime training institutions, and
implementing regulations 46 CFR part
least a one year delay in completing the generally provides maritime training to
350 by defining the role of the Merchant
overall project, preventing the Harold citizens of the United States.
Marine Awards and Flags Committee,
Interlocking Project from being
and articulating the criteria for awards Pursuant to 46 U.S.C. Chapter 519,
completed by September 30, 2017 (the
and other official recognition. authority also has been given to
deadline for the expenditure of Federal
DATES: This policy is effective upon MARAD to provide Merchant Marine
funds awarded under the American
publication in the Federal Register. (See Awards. Such awards may be for
Recovery and Reinvestment Act of
also Paperwork Reduction Act section.) individual acts or service in the
2009). Thus, FRA grants LIRR’s request
ADDRESSES: The complete file for this
Merchant Marine, for vessels and crews
for the initial seven (7) Turnouts.
This waiver applies only to the ZUI– policy is available for inspection with participating in outstanding or gallant
action, certificates for civilian service,
tkelley on DSK3SPTVN1PROD with NOTICES
60 steel switch point rail sections and the Docket Clerk, Docket Management
Schwihag roller assemblies and plates Facility, U.S. Department of and for flags and grave markers.
as manufactured into the initial seven Transportation, 1200 New Jersey
1 American Trading Transportation Company,
(7) Turnouts installed in the Harold Avenue SE., West Building, Room W12–
Inc. v. United States, 791 F.2d 942, 944 (D.C. Cir.
Interlocking Project. We will not grant 140, Washington, DC 20590, between 9 1986).
any future requests for waivers without a.m. and 5 p.m., Monday through 2 Reorganization Plan No. 7 of 1961, 75 Stat. 840
a specific showing that a significant Friday, except on Federal holidays. (August 12, 1961).
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Document Created: 2018-10-24 10:27:33
Document Modified: 2018-10-24 10:27:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of intent to grant Buy America waiver. | |
| Dates | Written comments on FRA's determination to grant LIRR's Buy America waiver request should be provided to the FRA on or before May 26, 2015. | |
| 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, [email protected] | |
| FR Citation | 80 FR 29383 |
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