80 FR 43553 - Notice of Proposed Buy America Waiver for a Variable Refrigerant Flow HVAC System

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 140 (July 22, 2015)

Page Range		43553-43554
FR Document		2015-17910

The Federal Transit Administration (FTA) received a request for a waiver to permit the purchase of a Variable Refrigerant Flow (VRF) HVAC system that is non-compliant with Buy America requirements using FTA funding. The request is from the City of Kansas City, Missouri (Kansas City) for its Vehicle Maintenance Facility (VMF) associated with the Kansas City Downtown Streetcar Project. 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 the FTA- funded procurement of a VRF HVAC system by Kansas City.

Federal Register, Volume 80 Issue 140 (Wednesday, July 22, 2015)

[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Notices]
[Pages 43553-43554]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17910]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2015-0010]


Notice of Proposed Buy America Waiver for a Variable Refrigerant 
Flow HVAC System

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 a Variable Refrigerant Flow 
(VRF) HVAC system that is non-compliant with Buy America requirements 
using FTA funding. The request is from the City of Kansas City, 
Missouri (Kansas City) for its Vehicle Maintenance Facility (VMF) 
associated with the Kansas City Downtown Streetcar Project. 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 the FTA-
funded procurement of a VRF HVAC system by Kansas City.

DATES: Comments must be received by August 5, 2015. Late-filed comments 
will be considered to the extent practicable.

[[Page 43554]]


ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FTA-2014-0021:
    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-2014-0021. 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 L. Wong, FTA Attorney-Advisor, 
at (202) 366-4011 or [email protected].

SUPPLEMENTARY INFORMATION: FTA seeks comment on whether it should grant 
a non-availability waiver for the Kansas City procurement of a VRF HVAC 
system for its VMF associated with the Kansas City Downtown Streetcar 
Project, using FTA grant funding.
    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 must 
take place in the United States; and (2) all of the components of the 
product must be 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).
    Kansas City is requesting a non-availability waiver for its 
procurement of a VRF HVAC system that will be installed in a VMF in 
Kansas City, Missouri, that will service its street cars. This facility 
is being built to U.S. Green Building Council (USGBC) Leadership in 
Energy and Environmental Design (LEED) standards and will incorporate a 
number of sustainable and energy efficient elements. One of those 
elements is a VRF HVAC system that, among other things, is space 
saving, has invertor technology, efficiency, and a non-ozone depleting 
refrigerant that domestic manufacturers of HVAC systems do not provide. 
According to Kansas City, its contractor was directed to evaluate the 
substitution of a Buy America-compliant Variable Air Volume (VAV) 
system, but the contractor advised Kansas City that the VAV system 
would endanger the project's LEED Gold certification because of the 
difference in efficiency between the VAV and VRF HVAC systems. In 
addition, the substitution of a VAV system would require significant 
changes to the project, such as the alteration of already-erected 
structural elements that were designed to accommodate a VRF system and 
additional design changes and plan reviews by Kansas City.
    Kansas City points to two recent non-availability waivers FTA 
issued to the San Bernardino Associated Governments (79 FR 61129, 
October 9, 2014) and Rock Island County Metropolitan Mass Transit 
District for a similar VRF system (79 FR 34653, June 17, 2014), as well 
as to a blanket non-availability waiver issued by the U.S. Department 
of Energy (DOE) in 2010 for VRF HVAC systems procured with American 
Reinvestment and Recovery Act funding (75 FR 35447, June 22, 2010). 
According to Kansas City, the U.S. DOE's determination of non-
availability and FTA's recent waivers, as well as their own 
contractor's research, indicate that this product is not manufactured 
domestically. Finally, FTA, in collaboration with the National 
Institute of Standards and Technology's Hollings Manufacturing 
Extension Partnership, conducted a nationwide search to determine if 
any company currently manufactures a compatible VRF system that 
complies with Buy-America. The search revealed that no company 
currently can provide a Buy-America compliant VRF system that meets 
Kansas City's specifications.
    The purpose of this notice is to publish Kansas City's request and 
to 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-2015-0010.

Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2015-17910 Filed 7-21-15; 8:45 am]
BILLING CODE P

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 12:54:43
Document Modified: 2015-12-15 12:54:43

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 L. Wong, FTA Attorney-Advisor, at (202) 366-4011 or [email protected]
FR Citation		80 FR 43553

80 FR 43553 - Notice of Proposed Buy America Waiver for a Variable Refrigerant Flow HVAC System

DEPARTMENT OF TRANSPORTATIONFederal Transit Administration

Federal Register Volume 80, Issue 140 (July 22, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration