80 FR 43552 - Notice of Proposed Buy America Waiver for Replacement Gondola Components
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 80, Issue 140 (July 22, 2015)
Federal Transit Administration
Federal Register Volume 80, Issue 140 (July 22, 2015)
| Page Range | 43552-43553 | |
| FR Document | 2015-17909 |
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)] [Notices] [Pages 43552-43553] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17909] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2015-0011] Notice of Proposed Buy America Waiver for Replacement Gondola Components 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 for a waiver to permit the purchase of replacement gondola components that are non-compliant with Buy America requirements using FTA funding. The request is from the Colorado Department of Transportation on behalf of the Town of Mountain Village for its public transportation gondola system. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would apply only to FTA-funded procurements by Mountain Village necessary for the current gondola refurbishment projects described herein. DATES: Comments must be received by August 5, 2015. Late-filed comments [[Page 43553]] will be considered to the extent practicable. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FTA-2015-0011: 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, West Building, Ground Floor, Room W12- 140, Washington, DC 20590-0001. 4. Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must make reference to the ``Federal Transit Administration'' and include docket number FTA-2015-0011. Due to the security procedures in effect since October 2011, 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 April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Richard Wong, FTA Attorney-Advisor, at (202) 366-0675 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 Mountain Village's procurement of certain replacement gondola components for its public transportation gondola system. 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). The Town of Mountain Village provides free public transportation via gondola (also known as a tramway) between Mountain Village and the Town of Telluride. The gondola operates continuous fixed route service 17 hours per day, 7 days per week, 280 or more days per year, serving over 2,000,000 passengers per year. According to Mountain Village, the existing low-speed conveyor components (bearings, pulleys, tires and other related components) and gondola grip components (coil springs, movable jaws, fixed jaws, bearings, bolts, bushings, wheels and other related components) are nearing the end of their useful service lives and are showing signs of wear and fatigue. Without periodic capital equipment replacement/rebuild, the likelihood of mechanical downtime increases significantly, equating to prolonged service outages for commuters. Mountain Village also needs to refurbish the 59 gondola cabins due to wear and tear. Mountain Village intends to replace these gondola components over several phases during the coming years. Specifically, procurement of the low-speed conveyor components and the grips will be procured in two phases, one in 2015 and one in 2016; parts for the cabin refurbishment are anticipated to be procured over a six-year period. Any non-availability waiver granted would be effective for all phases of these projects, but would expire upon completion of these projects. Mountain Village asserts that there are no companies that manufacture these gondola components in the United States and that each of the gondola components to be procured is only available from a single source, the original equipment manufacturers. The Colorado Passenger Tramway Safety Board (CPTSB) has agreed and concluded that, because gondolas are specialized and the market limited, there are no aftermarket manufacturers for these gondola components. CPTSB has concluded that, for these parts, there are no alternatives to the original equipment manufacturers, Dopplemayer and CWA, which do not manufacture the components in the United States. Although there is a new U.S. manufacturer for tramways in the United States, it does not produce detachable tramways like the one used by Mountain Village. In addition, parts for the remainder of the tramway are of a different design and cannot be used in other gondola systems. The purpose of this notice is to publish the Colorado Department of Transportation request, made on behalf of Mountain Village, and seek public comment from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely the facts surrounding the request, including the effects of a potential waiver and the merits of the request. A full copy of the request has been placed in docket number FTA-2015-0011. Dana C. Nifosi, Deputy Chief Counsel. [FR Doc. 2015-17909 Filed 7-21-15; 8:45 am] BILLING CODE 4910-57-P
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Building Ground Floor, Room W12–140, addition, FHWA finds that the survey Estimated Total Annual Burden: This
1200 New Jersey Avenue SE., on the adequacy of truck parking survey will be updated periodically; the
Washington, DC 20590, between 9 a.m. opportunities is not limited to publicly estimated total burden for each survey
and 5 p.m. ET, Monday through Friday, owned facilities; input from private cycle for all respondents is no more
except Federal holidays. sector facility owners/operators must be than 629 hours.
FOR FURTHER INFORMATION CONTACT: obtained to adequately complete the Public Comments Invited: You are
Nicole Katsikides, 202–366–6993, Office required work provided in the federal asked to comment on any aspect of this
of Freight Management & Operations legislation. FHWA also finds that input information collection, including: (1)
(HOFM–1), Office of Operations, obtained from trucking company Whether the proposed collection is
Federal Highway Administration, representatives (owners or their necessary for the FHWA’s performance;
Department of Transportation, 1200 designees, especially those in logistics (2) the accuracy of the estimated
New Jersey Avenue SE., Washington, or who schedule drivers) and truck burdens; (3) ways for the FHWA to
DC 20590. Office hours are from 7:30 drivers, key stakeholders for truck enhance the quality, usefulness, and
a.m. to 4:00 p.m., Monday through parking facilities who are most likely to clarity of the collected information; and
Friday, except Federal holidays. know where truck parking is needed, (4) ways that the burden could be
will be necessary to complete the survey minimized, including the use of
SUPPLEMENTARY INFORMATION:
Title: USDOT Survey and requirements. electronic technology, without reducing
Types of Survey Questions: FHWA the quality of the collected information.
Comparative Assessment of Truck
intends to survey Department of The agency will summarize and/or
Parking Facilities.
Transportation personnel in each State include your comments in the request
Background: U.S. Department of
on the location, number of spaces, for OMB’s clearance of this information
Transportation (USDOT) is directed to
availability and demand for truck collection.
complete a survey and comparative
parking in their State, including at rest
assessment of truck parking facilities in Authority: The Paperwork Reduction Act
facilities, as well as any impediments to
each State as required by Section providing adequate truck parking
of 1995; 44 U.S.C. Chapter 35, as amended;
1401(c) of Moving Ahead for Progress in and 49 CFR 1.48.
capacity (including but not limited to
the 21st Century (MAP–21). MAP–21 legislative, regulatory, or financial Issued on: July 17, 2015.
Section 1401(c) required the survey in issues; zoning; public and private Michael Howell,
order to evaluate the capability of the impacts, approval, and participation; Information Collection Officer.
States to provide adequate parking and availability of land; insurance [FR Doc. 2015–17951 Filed 7–21–15; 8:45 am]
rest facilities for commercial motor requirements and other issues). FHWA BILLING CODE 4910–22–P
vehicles engaged in interstate intends to survey private truck stop
transportation. Other work activities operators in each State on the location,
required under this section of MAP–21 number of truck parking spaces, DEPARTMENT OF TRANSPORTATION
were: An assessment of the volume of availability and demand they observe at
commercial motor vehicle traffic in each their facilities. FHWA intends to survey Federal Transit Administration
State and the development of a system public safety officials in each State on
of metrics designed to measure the their records and observations of truck [Docket No. FTA–2015–0011]
adequacy of commercial motor vehicle parking use and patterns, including the
truck parking facilities in each state. location and frequency of trucks parked Notice of Proposed Buy America
The results of this survey shall be made adjacent to roadways and on exit and Waiver for Replacement Gondola
available on a publicly accessible entrance ramps to roadway facilities. Components
Department of Transportation Web site FHWA intends to survey trucking
and updated periodically USDOT seeks AGENCY: Federal Transit Administration,
companies and truck drivers regarding
to continue to collect data to support DOT.
the location and frequency of
updates to the survey. insufficient truck parking and capacity ACTION: Notice of proposed Buy America
Respondents: State Transportation at rest facilities, future truck parking waiver and request for comment.
and Enforcement Officials, Private needs and locations, availability of
Sector Facility Owners/Operators, SUMMARY: The Federal Transit
information on truck parking capacity, Administration (FTA) received a request
Trucking Company owners or their and other impediments to identification,
designee, and Truck Drivers. The target for a waiver to permit the purchase of
access and use of truck parking. Other replacement gondola components that
groups of respondents are individuals questions may be included as needed as
who are responsible for providing or are non-compliant with Buy America
a result of input from the focus groups, requirements using FTA funding. The
overseeing the operation of truck stakeholder outreach or at FHWA’s
parking facilities and stakeholders that request is from the Colorado Department
discretion, or as follow-up to the survey. of Transportation on behalf of the Town
depend on such facilities to safely Estimate:
conduct their business. The target group of Mountain Village for its public
State Departments of Transportation = transportation gondola system. In
identified in the legislation is ‘‘state 50 (4 hours each) = up to 200 hours;
commercial vehicle safety personnel’’; accordance with 49 U.S.C. 5323(j)(3)(A),
State Enforcement Personnel = 50 (1
the Federal Highway Administration FTA is providing notice of the waiver
hour each) = up to 50 hours;
(FHWA) has interpreted this term to Private Facility Owners/Operators = 229 request and seeks public comment
include the Department of (1 hour each) = up to 229 hours; and before deciding whether to grant the
request. If granted, the waiver would
tkelley on DSK3SPTVN1PROD with NOTICES
Transportation personnel in each State Trucking Company Representatives and
involved in commercial vehicle safety Drivers = 150 (1 hour each) = up to apply only to FTA-funded procurements
program activities and State 150 hours; by Mountain Village necessary for the
enforcement agency personnel directly Total number of respondents = 479 for current gondola refurbishment projects
involved in enforcing highway safety the survey. described herein.
laws and regulations and in highway Total burden hours = no more than 629 DATES: Comments must be received by
incident and accident response. In hours (as allocated above). August 5, 2015. Late-filed comments
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![Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices 43553
will be considered to the extent manufacturing processes for the product are no alternatives to the original
practicable. take place in the United States; and (2) equipment manufacturers, Dopplemayer
ADDRESSES: Please submit your all of the components of the product are and CWA, which do not manufacture
comments by one of the following of U.S. origin. A component is the components in the United States.
means, identifying your submissions by considered of U.S. origin if it is Although there is a new U.S.
docket number FTA–2015–0011: manufactured in the United States, manufacturer for tramways in the
1. Web site: http:// regardless of the origin of its United States, it does not produce
www.regulations.gov. Follow the subcomponents. 49 CFR 661.5(d). If, detachable tramways like the one used
instructions for submitting comments however, FTA determines that ‘‘the by Mountain Village. In addition, parts
on the U.S. Government electronic steel, iron, and goods produced in the for the remainder of the tramway are of
docket site. United States are not produced in a a different design and cannot be used in
2. Fax: (202) 493–2251. sufficient and reasonably available other gondola systems.
3. Mail: U.S. Department of amount or are not of a satisfactory The purpose of this notice is to
Transportation, 1200 New Jersey quality,’’ then FTA may issue a waiver publish the Colorado Department of
Avenue SE., Docket Operations, M–30, (non-availability waiver). 49 U.S.C. Transportation request, made on behalf
West Building, Ground Floor, Room 5323(j)(2)(B); 49 CFR 661.7(c). of Mountain Village, and seek public
W12–140, Washington, DC 20590–0001. The Town of Mountain Village comment from all interested parties in
4. Hand Delivery: U.S. Department of provides free public transportation via accordance with 49 U.S.C. 5323(j)(3)(A).
Transportation, 1200 New Jersey gondola (also known as a tramway) Comments will help FTA understand
Avenue SE., Docket Operations, M–30, between Mountain Village and the completely the facts surrounding the
West Building, Ground Floor, Room Town of Telluride. The gondola request, including the effects of a
W12–140, Washington, DC 20590–0001 operates continuous fixed route service potential waiver and the merits of the
between 9 a.m. and 5 p.m., Monday 17 hours per day, 7 days per week, 280 request. A full copy of the request has
through Friday, except Federal holidays. or more days per year, serving over been placed in docket number FTA–
Instructions: All submissions must 2,000,000 passengers per year. 2015–0011.
make reference to the ‘‘Federal Transit According to Mountain Village, the
Administration’’ and include docket existing low-speed conveyor Dana C. Nifosi,
number FTA–2015–0011. Due to the components (bearings, pulleys, tires and Deputy Chief Counsel.
security procedures in effect since other related components) and gondola [FR Doc. 2015–17909 Filed 7–21–15; 8:45 am]
October 2011, mail received through the grip components (coil springs, movable BILLING CODE 4910–57–P
U.S. Postal Service may be subject to jaws, fixed jaws, bearings, bolts,
delays. Parties making submissions bushings, wheels and other related
responsive to this notice should components) are nearing the end of their DEPARTMENT OF TRANSPORTATION
consider using an express mail firm to useful service lives and are showing
ensure the prompt filing of any signs of wear and fatigue. Without Federal Transit Administration
submissions not filed electronically or periodic capital equipment [Docket No. FTA–2015–0010]
by hand. Note that all submissions replacement/rebuild, the likelihood of
received, including any personal mechanical downtime increases Notice of Proposed Buy America
information therein, will be posted significantly, equating to prolonged Waiver for a Variable Refrigerant Flow
without change or alteration to http:// service outages for commuters. HVAC System
www.regulations.gov. For more Mountain Village also needs to refurbish
the 59 gondola cabins due to wear and AGENCY: Federal Transit Administration,
information, you may review DOT’s DOT.
complete Privacy Act Statement in the tear. Mountain Village intends to
replace these gondola components over ACTION: Notice of proposed Buy America
Federal Register published April 11,
several phases during the coming years. waiver and request for comment.
2000 (65 FR 19477), or you may visit
http://www.regulations.gov. Specifically, procurement of the low-
speed conveyor components and the SUMMARY: The Federal Transit
FOR FURTHER INFORMATION CONTACT: Administration (FTA) received a request
grips will be procured in two phases,
Richard Wong, FTA Attorney-Advisor, for a waiver to permit the purchase of
one in 2015 and one in 2016; parts for
at (202) 366–0675 or Richard.Wong@ a Variable Refrigerant Flow (VRF)
the cabin refurbishment are anticipated
dot.gov. HVAC system that is non-compliant
to be procured over a six-year period.
SUPPLEMENTARY INFORMATION: The Any non-availability waiver granted with Buy America requirements using
purpose of this notice is to provide would be effective for all phases of these FTA funding. The request is from the
notice and seek comment on whether projects, but would expire upon City of Kansas City, Missouri (Kansas
the FTA should grant a non-availability completion of these projects. City) for its Vehicle Maintenance
waiver for Mountain Village’s Mountain Village asserts that there are Facility (VMF) associated with the
procurement of certain replacement no companies that manufacture these Kansas City Downtown Streetcar
gondola components for its public gondola components in the United Project. In accordance with 49 U.S.C.
transportation gondola system. States and that each of the gondola 5323(j)(3)(A), FTA is providing notice of
With certain exceptions, FTA’s Buy components to be procured is only the waiver request and seeks public
America requirements prevent FTA available from a single source, the comment before deciding whether to
from obligating an amount that may be original equipment manufacturers. The grant the request. If granted, the waiver
tkelley on DSK3SPTVN1PROD with NOTICES
appropriated to carry out its program for Colorado Passenger Tramway Safety would apply only to the FTA-funded
a project unless ‘‘the steel, iron, and Board (CPTSB) has agreed and procurement of a VRF HVAC system by
manufactured goods used in the project concluded that, because gondolas are Kansas City.
are produced in the United States.’’ 49 specialized and the market limited, DATES: Comments must be received by
U.S.C. 5323(j)(1). A manufactured there are no aftermarket manufacturers August 5, 2015. Late-filed comments
product is considered produced in the for these gondola components. CPTSB will be considered to the extent
United States if: (1) all of the has concluded that, for these parts, there practicable.
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Document Created: 2015-12-15 12:55:01
Document Modified: 2015-12-15 12:55:01
| 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 proposed Buy America waiver and request for comment. | |
| Dates | Comments must be received by August 5, 2015. Late-filed comments will be considered to the extent practicable. | |
| Contact | Richard Wong, FTA Attorney-Advisor, at (202) 366-0675 or [email protected] | |
| FR Citation | 80 FR 43552 |
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