80 FR 52081 - Notice of Buy America Waiver for Track Turnout Component
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 80, Issue 166 (August 27, 2015)
Federal Transit Administration
Federal Register Volume 80, Issue 166 (August 27, 2015)
| Page Range | 52081-52083 | |
| FR Document | 2015-21220 |
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)] [Notices] [Pages 52081-52083] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21220] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2014-0025] Notice of Buy America Waiver for Track Turnout Component AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America Waiver. ----------------------------------------------------------------------- SUMMARY: In response to a Buy America waiver request from the Long Island Rail Road (LIRR), a subsidiary of the New York Metropolitan Transportation Authority (MTA), the Federal Transit Administration (FTA) hereby waives its Buy America requirements for the movable point frog component of one track turnout that LIRR needs for Stage 1.1 of its Jamaica Station Capacity Improvements Project, Phase I (JCI-Phase 1 Project). The turnout itself, however, is subject to FTA's Buy America requirements and, accordingly, the turnout must be manufactured in the United States. This Buy America waiver does not apply to track turnout components for Stages 2.0.1, 2.0.2, 2.0.3, and any other stages of LIRR's JCI- Phase I Project, or for LIRR's State of Good Repair Program, as LIRR has withdrawn such waiver [[Page 52082]] requests through correspondence dated February 9, 2015, February 13, 2015, and June 25, 2015. Moreover, this Buy America waiver does not apply to track turnout components needed for the Northeast Corridor Congestion Relief Project at Harold Interlocking, for which the Federal Railroad Administration (FRA) granted a Buy America waiver on May 15, 2015, as FRA funds are being used for that project. DATES: This waiver is effective immediately. FOR FURTHER INFORMATION CONTACT: Richard L. Wong, FTA Attorney-Advisor, at (202) 366-4011 or [email protected]. SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce that FTA is granting a non-availability Buy America waiver for the movable point frog component (also known and referred to as a ``vee point'') on one track turnout that LIRR needs for Stage 1.1 of LIRR's JCI-Phase I Project. FTA is providing LIRR with Federal funds to support its JCI-Phase I Project, the total cost of which is approximately $301,653,240. With certain exceptions, FTA's Buy America requirements prevent FTA from obligating Federal funds 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) (2012). All ``manufactured end products'' must be produced in the United States, and FTA considers a manufactured product to be 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. 49 CFR 661.5(d) (2014). FTA considers a component to be of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d)(2). 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 non- availability waiver of these requirements. 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). Through the JCI-Phase I Project, LIRR will reconfigure its tracks in Jamaica Station, construct a new passenger platform to facilitate LIRR service to Atlantic Terminal, and increase capacity for LIRR train service into the new Grand Central Terminal following completion of the East Side Access Project. Currently, Jamaica Station is one of the busiest stations in LIRR's system, with over 250,000 customers and 500 trains passing through the station each weekday. Phase 1 of the project is divided into Stages 1 and 2. The scope of work for the project involves the installation of new track turnouts. In June 2013, LIRR issued a solicitation for two turnouts containing rail bound magnesium frogs in connection with Stage 1 of the JCI-Phase I Project. On May 16, 2014, LIRR awarded Contract Number 6121 to Picone Schiavone II, which certified its compliance with FTA's Buy America requirements for the track turnouts. Following the award, LIRR determined that these turnouts would be insufficient to meet LIRR's operational needs. Accordingly, LIRR revised its specifications for the project to include two turnouts with movable point frogs, which is the component type that is the subject of this waiver. The movable point frogs are essential components of track turnouts, and LIRR indicated that it needs them for the following operational reasons: (1) They are necessary to withstand the frequent and heavy use by passenger and freight trains traveling along LIRR's right of way; (2) they allow trains to travel through the turnouts at higher speeds, ultimately providing more throughput during rush hour; (3) they reduce impact loading to the turnouts; and (4) they provide for less wear and tear, thereby requiring less overall maintenance, extending the useful lives of the turnouts, and resulting in fewer outages and negative impacts on LIRR's operations. Picone Schiavone II advised LIRR that it was unable to certify compliance with FTA's Buy America requirements based upon LIRR's new specifications requiring movable point frogs as components of the track turnouts. By letter dated September 19, 2014, LIRR requested a non- availability Buy America waiver for four components that LIRR needs for ten track turnouts on Stages 1.1, 2.0.1, 2.0.2, and 2.0.3 of its JCI- Phase I Project. Those four components are the Schwihag roller assemblies, Schwihag plates, ZU1-60 steel switch point rail sections, and the movable point frogs. At the time that LIRR submitted its waiver request, none of these turnout components were manufactured in the United States. The roller assemblies and plates were manufactured in Switzerland, the ZU1-60 steel switch point rail sections were manufactured in Austria, and the movable point frogs were manufactured in Germany. Based on previous solicitations, LIRR concluded that it was unable to identify a domestic source for these four track turnout components. LIRR also pointed to market research and manufacturer outreach that it had conducted for a prior Buy America waiver request related to the East Side Access Project.\1\ In conducting that research, LIRR utilized the National Railroad Passenger Corporation's (Amtrak) market research, which Amtrak had conducted at the request of FRA in connection with a separate Buy America waiver request. This research included outreach to manufacturers that were previously identified by the U.S. Department of Commerce's National Institute of Standards and Technology (NIST) in a December 2012 Supplier Scouting Report. LIRR's market research indicated that there was no known company presently manufacturing, or able to domestically manufacture, the Schwihag roller assemblies, Schwihag plates, ZU1-60 steel switch point rail sections, and movable point frogs. LIRR also contacted seven additional potential manufacturers, none of whom were willing and capable of domestically producing these components. --------------------------------------------------------------------------- \1\ On February 18, 2015, FTA published a Federal Register notice waiving its Buy America requirements for the Schwihag roller assemblies, Schwihag plates, ZU1-60 steel switch point rail sections, and movable point frogs that LIRR needed in connection with nine turnouts for VHL03 LIRR Stage 3 of the East Side Access Project and one turnout for VHL04 LIRR Stage 4. 80 FR 8753. --------------------------------------------------------------------------- Given LIRR's extensive market research, on December 19, 2014 FTA published a Federal Register notice requesting comment on LIRR's waiver request pursuant to 49 CFR 661.7. 79 FR 75857. The docket closed on January 20, 2015, and to date, FTA has received no comments regarding the notice. After the docket closed, by letter dated February 13, 2015, LIRR indicated to FTA that it had become aware of alternate turnout designs that would be compatible with LIRR's infrastructure and available from a domestic manufacturer. LIRR indicated its intention to use this alternate turnout design for its programs and projects, including the JCI-Phase I Project. LIRR specified that the alternate turnout design required modification to meet LIRR's operational requirements and to ensure adequate performance and reliability, considering that over 250,000 customers and 500 trains pass through Jamaica Station each weekday. Given the alternate design and the potential availability of the turnout components from a domestic manufacturer, LIRR narrowed its waiver request from the ten turnouts needed for Stages 1.1, 2.0.1, 2.0.2, and 2.0.3, to only two turnouts needed for Stage 1.1. [[Page 52083]] LIRR indicated that it needs the waiver for Stage 1.1 because the procurement of the turnouts in that stage is on a critical path. LIRR calculated that, absent a non-availability waiver for the components of these two turnouts, LIRR's JCI-Phase I Project would be delayed by approximately one year, based on the extended lead times for design modifications, fabrication, and delivery of the alternate turnout design. LIRR withdrew its waiver request with respect to the components of eight turnouts needed for Stages 2.0.1, 2.0.2, and 2.0.3 because the procurement of those turnouts is not on a critical path and LIRR believes that it has enough time to design, fabricate, manufacture, deliver, and install the domestic alternates without causing delays to those stages of the project. Following LIRR's letter dated February 13, 2015, LIRR engaged in additional efforts to utilize domestic manufacturers for the project. By electronic mail dated June 25, 2015, LIRR further narrowed its waiver request to apply to only one turnout needed for Stage 1.1 of its JCI-Phase I Project. LIRR also withdrew its request for a Buy America waiver with respect to the Schwihag roller assemblies, Schwihag plates, and the ZU1-60 steel switch point rail sections for that turnout. LIRR determined that, based on the project's redesign, LIRR could use domestically manufactured components as alternatives. LIRR limited its waiver request to just the movable point frog needed for a single turnout in Stage 1.1. Based upon LIRR's good faith efforts to identify domestic manufacturers for the turnout components and redesign the project, LIRR's informed conclusion that there are presently no U.S. manufacturers that are willing and capable of producing the movable point frog critically needed for the project, and the lack of responses to FTA's Federal Register notice, FTA hereby issues a non-availability waiver to LIRR, pursuant to 49 CFR 661.7(c), for the movable point frog component needed for one turnout in Stage 1.1 of the JCI-Phase I Project. This waiver does not apply to the turnout itself, and accordingly, the turnout must be manufactured in the United States pursuant to FTA's Buy America requirements. This Buy America waiver does not apply to track turnout components for Stages 2.0.1, 2.0.2, 2.0.3, and any other stages of LIRR's JCI- Phase I Project, or for LIRR's State of Good Repair Program, as LIRR has withdrawn such waiver requests. Furthermore, this Buy America waiver does not apply to track turnout components needed for the Northeast Corridor Congestion Relief Project at Harold Interlocking, for which FRA granted a Buy America waiver on May 15, 2015, as FRA funds are being used for that project. Issued on August 21, 2015. Dana Nifosi, Acting Chief Counsel. [FR Doc. 2015-21220 Filed 8-26-15; 8:45 am] BILLING CODE 4910-57-P
![Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices 52081
under the rule. This would require TVA prepares a draft of the EIS, TVA will Wednesday, September 16, 2015 (8:00
to cease sending CCRs to an release it for public comment. TVA a.m.–4:30 p.m.)
impoundment by October 19, 2015, anticipates holding public meetings 1. Subcommittee Breakout Sessions
remove the water, and close it by April near the plants where site-specific early 2. Subcommittee Breakout Sessions
17, 2018. TVA has identified 11 CCR closure actions are proposed after 3. Subcommittee Out-brief
impoundments at six of its plants that release of the draft EIS. Meeting details
it could cease using and close within will be posted on TVA’s Web site. The Thursday, September 17, 2015 (8:00
the required timeframe. These are schedule for releasing the Draft EIS is a.m.–2:00 p.m.)
facilities at its Allen, Bull Run, Kingston December 2015 or January 2016. 1. Leadership Team Wrap-up/
and John Sevier plants in Tennessee and Dated: August 19, 2015. Discussion on Outline Content
at its Widows Creek and Colbert plants 2. Subcommittee Assignments
Wilbourne (Skip) C. Markham,
in Alabama. The EIS would assess the 3. Meeting Recap, Action Items, Key
site specific impacts of such closures. Director, Environmental Compliance.
[FR Doc. 2015–21217 Filed 8–26–15; 8:45 am] Dates
EIS Scope BILLING CODE P
Attendance is open to the interested
Scoping is a process that allows the public but limited to space availability.
public to comment on an agency’s plans With the approval of the chairman,
for an EIS. This includes identifying members of the public may present oral
DEPARTMENT OF TRANSPORTATION
issues that should be studied and those statements at the meeting. Persons
that have little significance. The Federal Aviation Administration wishing to present statements or obtain
public’s views on the alternatives that information should contact the person
should be addressed also can be helpful Third Meeting: RTCA Special listed in the FOR FURTHER INFORMATION
in preparing an EIS. Committee 233 (SC 233) Addressing CONTACT section. Members of the public
Programmatically, TVA proposes to Human Factors/Pilot Interface Issues may present a written statement to the
examine two closure alternatives, for Avionics committee at any time.
Closure-in-Place and Closure-by- AGENCY: Federal Aviation Issued in Washington, DC, on August 19,
Removal. The EIS will address different 2015.
Administration (FAA), U.S. Department
methods of implementing the two Latasha Robinson,
of Transportation (DOT).
closure approaches, including partial Management & Program Analyst, Next
removal of CCRs. Various kinds of caps ACTION: Third Meeting Notice of RTCA
Generation, Enterprise Support Services
or surface liners could be used for Special Committee 233. Division, Federal Aviation Administration.
Closure-in-Place and the merits of those SUMMARY: The FAA is issuing this notice [FR Doc. 2015–21184 Filed 8–26–15; 8:45 am]
approaches, sub-alternatives, will be to advise the public of the third meeting BILLING CODE 4910–13–P
addressed. Closure-by-Removal could of the RTCA Special Committee 233.
involve moving CCRs off-site by truck,
DATES: The meeting will be held
rail, or barge transportation and the DEPARTMENT OF TRANSPORTATION
September 15th–17th from 8:00 a.m.–
potential impacts of these alternative
4:30 p.m. Federal Transit Administration
transportation methods would be
addressed. At the site-specific level, ADDRESSES: The meeting will be held at
RTCA Headquarters, 1150 18th Street [Docket No. FTA–2014–0025]
TVA will examine in more specific
detail the implications of closing these NW., Suite 910, Washington, DC 20036,
Notice of Buy America Waiver for
eleven impoundments. TVA encourages Tel: (202) 330–0662.
Track Turnout Component
the public to comment on this. FOR FURTHER INFORMATION CONTACT: The
At either the programmatic or site- RTCA Secretariat, 1150 18th Street NW., AGENCY: Federal Transit Administration,
specific level, the typical range of Suite 910, Washington, DC, 20036, or by DOT.
resource impacts addressed in EISs telephone at (202) 833–9339, fax at (202) ACTION: Notice of Buy America Waiver.
would be assessed. This would include 833–9434, or Web site at http://
surface and groundwater impacts that www.rtca.org or Jennifer Iversen, SUMMARY: In response to a Buy America
were a focus of EPA’s technical Program Director, RTCA, Inc., jiversen@ waiver request from the Long Island Rail
assessments. It also is likely that rtca.org, (202) 330–0662. Road (LIRR), a subsidiary of the New
Closure-in-Place or Closure-by-Removal SUPPLEMENTARY INFORMATION: Pursuant York Metropolitan Transportation
would involve movements to and from to section 10(a) (2) of the Federal Authority (MTA), the Federal Transit
borrow areas to obtain cover material Advisory Committee Act (Pub. L. 92– Administration (FTA) hereby waives its
(soil, clay). For Closure-by-Removal, it 463, 5 U.S.C., App.), notice is hereby Buy America requirements for the
would be necessary to fill in the given for a meeting of the RTCA Special movable point frog component of one
depression or hole that is left when Committee 233. The agenda will include track turnout that LIRR needs for Stage
CCRs are removed unless it is possible the following: 1.1 of its Jamaica Station Capacity
to place the removed CCRs back into the Improvements Project, Phase I (JCI-
hole after lining the bottom. It also may Tuesday, September 15, 2015 (8:00 Phase 1 Project). The turnout itself,
be possible to beneficially use some of a.m.–4:30 p.m.) however, is subject to FTA’s Buy
the ash as cover material (structural fill) 1. Introduction, Upcoming PMC Dates, America requirements and, accordingly,
in lieu of using borrow material to close Minutes from Last Meeting the turnout must be manufactured in the
rmajette on DSK2VPTVN1PROD with NOTICES
a dewatered CCR impoundment. 2. Rotorcraft Directorate Test Pilot United States.
Evaluations This Buy America waiver does not
Public Participation 3. Outline Discussion apply to track turnout components for
The public is invited to submit 4. Subcommittee Out-brief Stages 2.0.1, 2.0.2, 2.0.3, and any other
comments on the scope of this EIS no 5. Subcommittee Initial Breakout stages of LIRR’s JCI-Phase I Project, or
later than the date identified in the Session for LIRR’s State of Good Repair Program,
DATES section of this notice. After TVA 6. Planning for Next Meeting as LIRR has withdrawn such waiver
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![Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices 52083
LIRR indicated that it needs the Corridor Congestion Relief Project at FTA appropriated resources for FY 2015
waiver for Stage 1.1 because the Harold Interlocking, for which FRA for Administrative Expenses, Capital
procurement of the turnouts in that granted a Buy America waiver on May Investment Grants (CIG), Research and
stage is on a critical path. LIRR 15, 2015, as FRA funds are being used Technical Assistance and Training
calculated that, absent a non-availability for that project. programs, and Grants to the Washington
waiver for the components of these two Issued on August 21, 2015. Metropolitan Area Transportation
turnouts, LIRR’s JCI-Phase I Project Dana Nifosi, Authority. The Appropriations Act,
would be delayed by approximately one 2015 also provides a full fiscal year
Acting Chief Counsel.
year, based on the extended lead times obligation limitation of $8,595,000,000
[FR Doc. 2015–21220 Filed 8–26–15; 8:45 am]
for design modifications, fabrication, of contract authority for FTA programs
BILLING CODE 4910–57–P
and delivery of the alternate turnout funded from the Mass Transit Account
design. LIRR withdrew its waiver of the Highway Trust Fund during this
request with respect to the components fiscal year.
DEPARTMENT OF TRANSPORTATION On July 23, 2015, FTA published an
of eight turnouts needed for Stages
2.0.1, 2.0.2, and 2.0.3 because the Federal Transit Administration apportionments notice that apportioned
procurement of those turnouts is not on approximately 10/12ths of the FY 2015
a critical path and LIRR believes that it FTA Supplemental Fiscal Year 2015 authorized contract authority among
has enough time to design, fabricate, Apportionments, Allocations, and potential program recipients based on
manufacture, deliver, and install the Program Information contract authority that was available
domestic alternates without causing from June 1, 2015 through July 31, 2015
delays to those stages of the project. AGENCY: Federal Transit Administration (80 FR 141). That notice also provided
Following LIRR’s letter dated (FTA), U.S. Department of relevant information about the FY 2015
February 13, 2015, LIRR engaged in Transportation. funding available and end-of-year grant
additional efforts to utilize domestic ACTION: Notice. management and application
manufacturers for the project. By procedures. A copy of that notice and
SUMMARY: The Federal Transit
electronic mail dated June 25, 2015, accompanying tables can be found on
Administration (FTA) annually
LIRR further narrowed its waiver the FTA Web site at http://
publishes one or more notices to
request to apply to only one turnout www.fta.dot.gov/apportionments.
apportion funds appropriated by law. This document provides notice to
needed for Stage 1.1 of its JCI-Phase I
This notice is the third notice which stakeholders that FTA is apportioning
Project. LIRR also withdrew its request
announces the remaining the full-year FY 2015 authorized
for a Buy America waiver with respect
apportionment for programs funded contract authority—October 1, 2014
to the Schwihag roller assemblies,
with fiscal year (FY) 2015 contract through September 30, 2015—among
Schwihag plates, and the ZU1–60 steel
switch point rail sections for that authority. potential program recipients according
turnout. LIRR determined that, based on FOR FURTHER INFORMATION CONTACT: For to statutory formulas in 49 U.S.C.
the project’s redesign, LIRR could use general information about this notice Chapter 53. This document also
domestically manufactured components contact Kimberly Sledge, Director, allocates most of the remaining CIG
as alternatives. LIRR limited its waiver Office of Transit Programs, at (202) 366– funding to projects with existing Full
request to just the movable point frog 2053. Please contact the appropriate Funding Agreements (FFGA) or projects
needed for a single turnout in Stage 1.1. FTA regional office for any specific recommended to receive an FFGA. The
Based upon LIRR’s good faith efforts requests for information or technical FTA has posted tables displaying the
to identify domestic manufacturers for assistance. A list of FTA regional offices funds available to eligible states and
the turnout components and redesign and contact information is available on urbanized areas on FTA’s Web site at
the project, LIRR’s informed conclusion the FTA Web site at http:// http://www.fta.dot.gov/apportionments.
that there are presently no U.S. www.fta.dot.gov. The formula apportionment tables
manufacturers that are willing and that allocate the full year of FY 2015
capable of producing the movable point I. Overview appropriated funds can be found at
frog critically needed for the project, The FTA’s public transportation http://www.fta.dot.gov/apportionments.
and the lack of responses to FTA’s assistance program authorization, the In addition, the National Transit
Federal Register notice, FTA hereby Moving Ahead for Progress in the 21st Database (NTD) and Census Data used
issues a non-availability waiver to LIRR, Century Act (MAP–21), expired in the funding formulas can be found at
pursuant to 49 CFR 661.7(c), for the September 30, 2014. Since that time, http://www.fta.dot.gov/apportionments.
movable point frog component needed Congress has enacted short-term
extensions allowing FTA to continue its II. Grant Management and Application
for one turnout in Stage 1.1 of the JCI-
Phase I Project. This waiver does not current programs. The most recent Procedures
apply to the turnout itself, and extension, the Highway and A. The Transportation Electronic
accordingly, the turnout must be Transportation Funding Act of 2015, Awards Management (TEAM) system
manufactured in the United States Public Law 114–41, (July 31, 2015), will close on Friday, September 25,
pursuant to FTA’s Buy America continues MAP–21 through October 29, 2015. Grants and cooperative
requirements. 2015. This extension allows FTA to agreements must have all applicable
This Buy America waiver does not make available contract authority for assurances and certifications completed
apply to track turnout components for transit assistance programs through so that funds can be awarded by the
rmajette on DSK2VPTVN1PROD with NOTICES
Stages 2.0.1, 2.0.2, 2.0.3, and any other September 30, 2015. deadline. Funding that has not been
stages of LIRR’s JCI-Phase I Project, or The FTA’s full-year appropriations, awarded in an application by September
for LIRR’s State of Good Repair Program, the Consolidated and Further 25, 2015 will not be migrated into the
as LIRR has withdrawn such waiver Continuing Appropriations Act, 2015, new FTA financial system, TrAMS.
requests. Furthermore, this Buy America Public Law 113–235 (Dec. 16, 2014), Instead, these applications will need to
waiver does not apply to track turnout hereinafter ‘‘Appropriations Act, 2015’’ be re-created when TrAMS deploys in
components needed for the Northeast was enacted in December 2014, giving FY 2016. This applies to new
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Document Created: 2015-12-15 10:52:45
Document Modified: 2015-12-15 10:52:45
| 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 Buy America Waiver. | |
| Dates | This waiver is effective immediately. | |
| Contact | Richard L. Wong, FTA Attorney-Advisor, at (202) 366-4011 or [email protected] | |
| FR Citation | 80 FR 52081 |
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