80_FR_51082 80 FR 50920 - Notice of a Buy America Waiver for Replacement Gondola Components

80 FR 50920 - Notice of a Buy America Waiver for Replacement Gondola Components

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range50920-50921
FR Document2015-20662

The Federal Transit Administration (FTA) received a Buy America waiver request from the Colorado Department of Transportation on behalf of the Town of Mountain Village for replacement parts for a gondola rehabilitation project. A non-availability waiver is needed because Mountain Village intends to rehabilitate the gondola system with FTA funding and the replacement parts do not comply with Buy America requirements. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice of the waiver request and sought public comment in deciding whether to grant the request. Having received no comments opposing the waiver, FTA is hereby granting a non-availability waiver for the replacement gondola components to be procured by Mountain Village for the gondola refurbishment projects described herein.

Federal Register, Volume 80 Issue 162 (Friday, August 21, 2015) 
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50920-50921]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20662]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2015-0011]


Notice of a Buy America Waiver for Replacement Gondola Components

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of a Buy America waiver.

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SUMMARY: The Federal Transit Administration (FTA) received a Buy 
America waiver request from the Colorado Department of Transportation 
on behalf of the Town of Mountain Village for replacement parts for a 
gondola rehabilitation project. A non-availability waiver is needed 
because Mountain Village intends to rehabilitate the gondola system 
with FTA funding and the replacement parts do not comply with Buy 
America requirements. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA 
published a notice of the waiver request and sought public comment in 
deciding whether to grant the request. Having received no comments 
opposing the waiver, FTA is hereby granting a non-availability waiver 
for the replacement gondola components to be procured by Mountain 
Village for the gondola refurbishment projects described herein.

DATES: This waiver is effective immediately.

FOR FURTHER INFORMATION CONTACT: Richard Wong, FTA Attorney-Advisor, at 
(202) 366-0675 or Richard.Wong@dot.gov.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce 
that FTA is granting a non-availability waiver for Mountain Village's 
procurement of replacement components for its gondolas used to provide 
public transportation service.
    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. The non-availability waiver is effective for all 
phases of these projects, but expires upon completion of these 
projects.
    Mountain Village asserted 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 available only from a 
single source--Dopplemayer and CWA, the original equipment 
manufacturers. The Colorado Passenger Tramway Safety Board (CPTSB), the 
state agency responsible for regulating the safety of aerial tramways 
within the State of Colorado, agreed and noted that because gondolas 
are specialized and the market is limited, there are no aftermarket 
manufacturers for these gondola components. The CPTSB concluded that, 
for these parts, there are no alternatives to the original equipment 
manufacturers, which do not manufacture the replacement components in 
the United States. Although there is a new U.S. manufacturer for 
tramways in the

[[Page 50921]]

United States, it does not produce detachable tramways like the one 
used by Mountain Village. Additionally, parts for the remainder of the 
tramway are of a different design and are not interchangeable with 
those used on other gondola systems.
    On Wednesday, July 22, 2015, and in accordance with 49 U.S.C. 
5323(j)(3)(A), FTA published a notice in the Federal Register 
announcing the Colorado Department of Transportation Buy America waiver 
request made on behalf of Mountain Village (80 FR 43552), seeking 
comment from all interested parties, including potential vendors and 
suppliers. The comment period closed on August 5, 2015, and no comments 
were received.
    Based on the representations from the Colorado Department of 
Transportation and the Colorado Passenger Tramway Safety Board, and the 
lack of any comments opposing the waiver, FTA is granting a non-
availability waiver for replacement gondola components, limited to the 
parts procured by Mountain Village for the gondola refurbishment 
projects described above.

    Issued on August 17, 2015.
Dana C. Nifosi,
Acting Chief Counsel.
[FR Doc. 2015-20662 Filed 8-20-15; 8:45 am]
 BILLING CODE 4910-57-P

50920 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices Submitting Comments DEPARTMENT OF TRANSPORTATION United States are not produced in a sufficient and reasonably available You may submit your comments and Federal Transit Administration amount or are not of a satisfactory material online or by fax, mail, or hand quality,’’ then FTA may issue a waiver [Docket No. FTA–2015–0011] delivery, but please use only one of (non-availability waiver). 49 U.S.C. these means. FMCSA recommends that Notice of a Buy America Waiver for 5323(j)(2)(B); 49 CFR 661.7(c). you include your name and a mailing Replacement Gondola Components The Town of Mountain Village address, an email address, or a phone provides free public transportation via number in the body of your document AGENCY: Federal Transit Administration, gondola (also known as a tramway) so that FMCSA can contact you if there DOT. between Mountain Village and the are questions regarding your ACTION: Notice of a Buy America waiver. Town of Telluride. The gondola submission. operates continuous fixed route service SUMMARY: The Federal Transit 17 hours per day, 7 days per week, 280 To submit your comment online, go to Administration (FTA) received a Buy or more days per year, serving over http://www.regulations.gov and in the America waiver request from the 2,000,000 passengers per year. search box insert the docket numbers Colorado Department of Transportation According to Mountain Village, the FMCSA–2008–0355; FMCSA–2010– on behalf of the Town of Mountain existing low-speed conveyor 0203; FMCSA–2011–0389; FMCSA– Village for replacement parts for a components (bearings, pulleys, tires and 2012–0050; FMCSA–2012–0094; gondola rehabilitation project. A non- other related components) and gondola FMCSA–2012–0294; FMCSA–2013– availability waiver is needed because grip components (coil springs, movable 0106 and click the search button. When Mountain Village intends to rehabilitate jaws, fixed jaws, bearings, bolts, the new screen appears, click on the the gondola system with FTA funding bushings, wheels and other related blue ‘‘Comment Now!’’ button on the and the replacement parts do not components) are nearing the end of their right hand side of the page. On the new comply with Buy America useful service lives and are showing page, enter information required requirements. In accordance with 49 signs of wear and fatigue. Without including the specific section of this U.S.C. 5323(j)(3)(A), FTA published a periodic capital equipment notice of the waiver request and sought replacement/rebuild, the likelihood of document to which each comment public comment in deciding whether to mechanical downtime increases applies, and provide a reason for each grant the request. Having received no significantly, equating to prolonged suggestion or recommendation. If you comments opposing the waiver, FTA is submit your comments by mail or hand service outages for commuters. hereby granting a non-availability Mountain Village also needs to refurbish delivery, submit them in an unbound waiver for the replacement gondola the 59 gondola cabins due to wear and format, no larger than 81⁄2 by 11 inches, components to be procured by tear. Mountain Village intends to suitable for copying and electronic Mountain Village for the gondola replace these gondola components over filing. If you submit comments by mail refurbishment projects described herein. several phases during the coming years. and would like to know that they DATES: This waiver is effective Specifically, procurement of the low- reached the facility, please enclose a immediately. speed conveyor components and the stamped, self-addressed postcard or grips will be procured in two phases, FOR FURTHER INFORMATION CONTACT: envelope. We will consider all one in 2015 and one in 2016; parts for Richard Wong, FTA Attorney-Advisor, comments and material received during the cabin refurbishment are anticipated at (202) 366–0675 or Richard.Wong@ the comment period. to be procured over a six-year period. dot.gov. The non-availability waiver is effective Viewing Comments and Documents SUPPLEMENTARY INFORMATION: The for all phases of these projects, but purpose of this notice is to announce expires upon completion of these To view comments, as well as any that FTA is granting a non-availability projects. documents mentioned in this notice, or waiver for Mountain Village’s Mountain Village asserted that there to submit your comment online, go to procurement of replacement are no companies that manufacture http://www.regulations.gov and in the components for its gondolas used to these gondola components in the United search box insert the docket number provide public transportation service. States and that each of the gondola FMCSA–2008–0355; FMCSA–2010– With certain exceptions, FTA’s Buy components to be procured is available 0203; FMCSA–2011–0389; FMCSA– America requirements prevent FTA only from a single source— 2012–0050; FMCSA–2012–0094; from obligating an amount that may be Dopplemayer and CWA, the original FMCSA–2012–0294; FMCSA–2013– appropriated to carry out its program for equipment manufacturers. The Colorado 0106 and click ‘‘Search.’’ Next, click a project unless ‘‘the steel, iron, and Passenger Tramway Safety Board ‘‘Open Docket Folder’’ and you will find manufactured goods used in the project (CPTSB), the state agency responsible all documents and comments related to are produced in the United States.’’ 49 for regulating the safety of aerial this document. U.S.C. 5323(j)(1). A manufactured tramways within the State of Colorado, Issued on: August 3, 2015. product is considered produced in the agreed and noted that because gondolas United States if: (1) All of the are specialized and the market is Larry W. Minor, manufacturing processes for the product limited, there are no aftermarket Associate Administrator for Policy. take place in the United States; and (2) manufacturers for these gondola [FR Doc. 2015–20687 Filed 8–20–15; 8:45 am] all of the components of the product are components. The CPTSB concluded rmajette on DSK7SPTVN1PROD with NOTICES BILLING CODE 4910–EX–P of U.S. origin. A component is that, for these parts, there are no considered of U.S. origin if it is alternatives to the original equipment manufactured in the United States, manufacturers, which do not regardless of the origin of its manufacture the replacement subcomponents. 49 CFR 661.5(d). If, components in the United States. however, FTA determines that ‘‘the Although there is a new U.S. steel, iron, and goods produced in the manufacturer for tramways in the VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1

Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices 50921 United States, it does not produce ADDRESSES: For further information manufactured for importation into and/ detachable tramways like the one used contact Mr. George Stevens, Office of or sale in the United States, and by Mountain Village. Additionally, parts Vehicle Safety Compliance, NHTSA certified under 49 U.S.C. 30115, as for the remainder of the tramway are of (202–366–5308). specified in Annex A, and is capable of a different design and are not SUPPLEMENTARY INFORMATION: being readily altered to conform to all interchangeable with those used on applicable FMVSS or has safety features other gondola systems. Background that comply with, or are capable of On Wednesday, July 22, 2015, and in Under 49 U.S.C. 30141(a)(1)(A), a being altered to comply with, all accordance with 49 U.S.C. 5323(j)(3)(A), motor vehicle that was not originally applicable Federal Motor Vehicle Safety FTA published a notice in the Federal manufactured to conform to all Standards. Register announcing the Colorado applicable FMVSS shall be refused Vehicle Eligibility Number for Subject Department of Transportation Buy admission into the United States unless Vehicles: The importer of a vehicle America waiver request made on behalf NHTSA has decided that the motor admissible under any final decision of Mountain Village (80 FR 43552), vehicle is substantially similar to a must indicate on the form HS–7 seeking comment from all interested motor vehicle originally manufactured accompanying entry the appropriate parties, including potential vendors and for importation into and/or sale in the vehicle eligibility number indicating suppliers. The comment period closed United States, certified under 49 U.S.C. that the vehicle is eligible for entry. on August 5, 2015, and no comments 30115, and of the same model year as Vehicle eligibility numbers assigned to were received. the model of the motor vehicle to be vehicles admissible under this decision Based on the representations from the compared, and is capable of being are specified in Annex A. Colorado Department of Transportation readily altered to conform to all and the Colorado Passenger Tramway Authority: 49 U.S.C. 30141(a)(1)(A), applicable FMVSS. (a)(1)(B) and (b)(1); 49 CFR 593.7; delegations Safety Board, and the lack of any Where there is no substantially of authority at 49 CFR 1.95 and 501.8. comments opposing the waiver, FTA is similar U.S.-certified motor vehicle, 49 granting a non-availability waiver for U.S.C. 30141(a)(1)(B) permits a Jeffrey M. Giuseppe, replacement gondola components, nonconforming motor vehicle to be Director, Office of Vehicle Safety Compliance. limited to the parts procured by admitted into the United States if its Mountain Village for the gondola ANNEX A—Nonconforming Motor safety features comply with, or are refurbishment projects described above. capable of being altered to comply with, Vehicles Decided To Be Eligible for all applicable FMVSS based on Importation Issued on August 17, 2015. Dana C. Nifosi, destructive test data or such other 1. Docket No. NHTSA–2014–0048 Acting Chief Counsel. evidence as NHTSA decides to be Nonconforming Vehicles: 2011–2014 adequate. Harley-Davidson FX, FL, XL, and VR [FR Doc. 2015–20662 Filed 8–20–15; 8:45 am] Petitions for eligibility decisions may Series Motorcycles BILLING CODE 4910–57–P be submitted by either manufacturers or Substantially Similar U.S. Certified importers who have registered with Vehicles: 2011–2014 Harley-Davidson NHTSA pursuant to 49 CFR part 592. As FX, FL, XL, and VR Series DEPARTMENT OF TRANSPORTATION specified in 49 CFR 593.7, NHTSA Motorcycles National Highway Traffic Safety publishes notice in the Federal Register Notice of Petition Published at: 79 FR Administration of each petition that it receives, and 26804 (May 9, 2014) affords interested persons an Vehicle Eligibility Number: VSP–567 [Docket No. NHTSA–2015–0077] opportunity to comment on the petition. (effective date June 24, 2014) At the close of the comment period, Decision That Certain Nonconforming NHTSA decides, on the basis of the 2. Docket No. NHTSA–2014–0098 Motor Vehicles Are Eligible for petition and any comments that it has Importation Nonconforming Vehicles: 2002 BMW Z3 received, whether the vehicle is eligible Passenger Cars AGENCY: National Highway Traffic for importation. The agency then Substantially Similar U.S. Certified Safety Administration, DOT. publishes this decision in the Federal Vehicles: 2002 BMW Z3 Passenger ACTION: Grant of Petitions. Register. Cars NHTSA received petitions from Notice of Petition Published at: 79 FR SUMMARY: This document announces registered importers to decide whether 56851 (September 23, 2014) decisions by NHTSA that certain motor the vehicles listed in Annex A to this Vehicle Eligibility Number: VSP–568 vehicles not originally manufactured to notice are eligible for importation into (effective date November 5, 2014) comply with all applicable Federal the United States. To afford an Motor Vehicle Safety Standards opportunity for public comment, 3. Docket No. NHTSA–2014–0120 (FMVSS) are eligible for importation NHTSA published notice of these Nonconforming Vehicles: 2008 Cadillac into the United States because they are petitions as specified in Annex A. The Escalade Multipurpose Passenger substantially similar to vehicles reader is referred to those notices for a Vehicles originally manufactured for sale in the thorough description of the petitions. Substantially Similar U.S. Certified United States and certified by their Comments: No substantive comments Vehicles: 2008 Cadillac Escalade manufacturers as complying with the were received in response to the Multipurpose Passenger Vehicles safety standards, and they are capable of petitions identified in Appendix A. Notice of Petition Published at: 80 FR rmajette on DSK7SPTVN1PROD with NOTICES being readily altered to conform to the NHTSA Decision: Accordingly, on the 36404 (June 24, 2015) standards or because they have safety basis of the foregoing, NHTSA hereby Vehicle Eligibility Number: VSP–572 features that comply with, or are decides that each motor vehicle listed in (effective date July 31, 2015) capable of being altered to comply with, Annex A to this notice, which was not all applicable FMVSS. originally manufactured to comply with 4. Docket No. NHTSA–2014–0097 DATES: These decisions became effective all applicable FMVSS, is either Nonconforming Vehicles: 1991 BMW on the dates specified in Annex A. substantially similar to a motor vehicle M3 Convertible Passenger Cars VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1


Document Created: 2018-02-23 11:00:47
Document Modified: 2018-02-23 11:00:47
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 a Buy America waiver.
DatesThis waiver is effective immediately.
ContactRichard Wong, FTA Attorney-Advisor, at (202) 366-0675 or [email protected]
FR Citation80 FR 50920 
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