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)

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.

[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]


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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.

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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