80 FR 76739 - Notice of a Buy America Waiver for Proposed Innovative Electronic Platform Track Intrusion System
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 80, Issue 237 (December 10, 2015)
Federal Transit Administration
Federal Register Volume 80, Issue 237 (December 10, 2015)
| Page Range | 76739-76740 | |
| FR Document | 2015-31153 |
[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)] [Notices] [Pages 76739-76740] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31153] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2015-0026] Notice of a Buy America Waiver for Proposed Innovative Electronic Platform Track Intrusion System AGENCY: Federal Transit Administration, DOT. ACTION: Notice of a Buy America waiver. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) received a request from the Los Angeles County Metropolitan Transportation Authority (LACMTA) for a Buy America non-availability waiver for the procurement of a proposed innovative electronic platform track intrusion system (PTIDS). LACMTA seeks to procure the PTIDS for research and testing purposes to determine whether such a system will help to increase rail safety by identifying obstacles in the right-of-way. PTIDS uses radar transponder technology, such as sensors, to detect intrusions on rail tracks. If an object is detected, the sensors immediately send notification to personnel who may then stop the train and take appropriate action. LACMTA seeks a waiver for the PTIDS because it contains twelve components, six of which only are available from a single source and currently are not manufactured in the United States. 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 this one procurement of the specific PTIDS components identified in this waiver request, and not to any future procurement by LACMTA or others. DATES: This waiver is effective immediately. FOR FURTHER INFORMATION CONTACT: Laura Goldin, FTA Attorney-Advisor, at (202) 366-2743 or laura.goldin@dot.gov. SUPPLEMENTARY INFORMATION: The purpose of this Notice is to announce that FTA is granting a non-availability waiver to LACMTA for the procurement of a PTIDS. On May 1, 2015, LACMTA requested a Buy America non-availability waiver for the PTIDS because several components are only available from a single source and are not produced in sufficient and reasonably available quantities of a satisfactory quality in the United States. 49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(c). LACMTA operates both heavy rail and light rail for 80 stations spanning 87 service miles. In December 2013, LACMTA entered into a partnership with Honeywell International, Inc. (Honeywell) and ProTran Technology LLC to submit an application in response to FTA's Notice of Funding Availability Solicitation of Project Proposals for Innovative Safety, Resiliency, and All-Hazards Emergency Response and Recovery Research Demonstrations. The goal of LACMTA's proposal is to demonstrate that the PTIDS is the most reliable, efficient, and secure system available and can immediately identify any right-of-way obstacles. The PTIDS relies on radar transponder technology to send an instant warning to rail operation safety systems and personnel. If an intrusion is detected, the PTIDS sensors trigger safety systems and notify personnel, so that the train can be stopped. Due to the accuracy and immediacy of the technology, LACMTA claims that the PTIDS allows for the greatest response time so more accidents will be avoided. [[Page 76740]] PTIDS also has fail-safe mechanisms and uses algorithms to prevent false alarms, which plague many other platform intrusion detection systems on the market. In addition, LACMTA states that some components of this system are custom-designed. For instance, the PTIDS uses a radio-wave based sensor sub-system, a signal processing sub-system, a video sub-system, and a communications sub-system that provides alerts to operators. All of these sub-systems work together and are connected to one another by custom cables that are designed for the particular rail system and equipment. Honeywell currently manufactures the safety system equipment in Germany. LACMTA states that some PTIDS components currently are not available in the United States and no U.S. manufacturers make acceptable substitutes. Therefore, LACMTA requested a Buy America non-availablily waiver for certain PTIDS components that are manufactured abroad. 49 CFR 661.7. According to LACMTA's request, six of the 12 components that comprise the PTIDS are foreign-made and require a non-availability waiver under 49 CFR 661.7. Those components requiring a waiver are: The AXIS fixed outdoor dome camera manufactured in Sweden; the AXIS wall mount for dome cameras manufactured in Sweden; the Honeywell Module Radar Sensor Modules Pair manufactured in Germany; the Honeywell GPC/ CCU controller units manufactured in Germany; the Honeywell GPC Cabinet for equiptment manufactured in Germany and; the Honeywell Custom Cables for interconnection manufactured in Germany. FTA also conducted a scouting search through its Interagency Agreement with the U.S. Department of Commerce's National Institute of Standards and Technology (NIST). The scouting search identified three domestic manufacturers as potential matches for this opportunity: Extreme Endeavors in West Virginia, Innovative Solutions Through Technology in Kentucky, and BFW, Inc. in Kentucky. The manufacturers identified either produce similar products to the PTIDS sought, possess the capabilities to produce this PTIDS, have produced an item similar to the PTIDS in the past, or have expressed a business interest in producing the PTIDS. However, none of these U.S. manufacturers identified currently produce the exact PTIDS that LACMTA is seeking, as described in this Notice. 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). LACMTA requested a Buy America non-availability waiver in order to conduct research on and test the PTIDS for future use. LACMTA also notes that Honeywell may consider domestic manufacturing of certain elements of the PTIDS if this research and testing is successful and if there is adequate industry demand. On Tuesday, September 29, 2015, and in accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice in the Federal Register announcing the LACMTA Buy America waiver request (80 FR 58530), seeking comment from all interested parties, including potential vendors and suppliers. The comment period closed on October 13, 2015, and no comments were received. Based on the representations from LACMTA, the lack of any comments, and the fact that the NIST supplier scouting search did not identify a domestically made PTIDS, FTA is granting a non-availability waiver for the procurement of a PTIDS described above. Issued on December 7, 2015. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2015-31153 Filed 12-9-15; 8:45 am] BILLING CODE 4910-57-P
![Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices 76739
is obliged to formally inspect the car for Total Annual Estimated Burden: technology, such as sensors, to detect
compliance. All the information in the 2,217 hours. intrusions on rail tracks. If an object is
customer request is forwarded to the Addressee: Send comments regarding detected, the sensors immediately send
region for review. Once the inspection these information collections to the notification to personnel who may then
is completed, the assigned inspector Office of Information and Regulatory stop the train and take appropriate
provides his report in a memorandum to Affairs, Office of Management and action. LACMTA seeks a waiver for the
the Motive, Power, and Equipment Budget, 725 Seventeenth Street NW., PTIDS because it contains twelve
(MP&E) Specialist. The MP&E Specialist Washington, DC, 20503, Attention: FRA components, six of which only are
reviews the documents and provides a Desk Officer. Comments may also be available from a single source and
memo to the Regional Administrator sent via email to OMB at the following currently are not manufactured in the
who sends a response by memorandum address: oira_submissions@ United States. In accordance with 49
to FRA Headquarters of the finding from omb.eop.gov. U.S.C. 5323(j)(3)(A), FTA published a
the field inspection. Comments are invited on the notice of the waiver request and sought
FRA Headquarters is responsible for following: Whether the proposed public comment in deciding whether to
gathering all the information from the collections of information are necessary grant the request. Having received no
request from the customer as well as for the proper performance of the comments opposing the waiver, FTA is
assigning and forwarding the functions of the Department, including hereby granting a non-availability
information to the Region. All the whether the information will have waiver for this one procurement of the
information is reviewed by the MP&E practical utility; the accuracy of the specific PTIDS components identified in
Specialist at Headquarters. The MP&E Department’s estimates of the burden of this waiver request, and not to any
Specialist prepares a grid letter response the proposed information collections; future procurement by LACMTA or
for the MP&E Staff Director who then ways to enhance the quality, utility, and others.
offers the response letter to the Director, clarity of the information to be DATES: This waiver is effective
Office of Safety Assurance and collected; and ways to minimize the immediately.
Compliance. The formal response letter burden of the collections of information
FOR FURTHER INFORMATION CONTACT:
is then sent to the customer through the on respondents, including the use of
Laura Goldin, FTA Attorney-Advisor, at
Control Correspondence Management automated collection techniques or
(202) 366–2743 or laura.goldin@dot.gov.
(CCM) system. other forms of information technology.
SUPPLEMENTARY INFORMATION: The
Type of Request: Revision of a A comment to OMB is best assured of
having its full effect if OMB receives it purpose of this Notice is to announce
currently approved information
within 30 days of publication of this that FTA is granting a non-availability
collection.
notice in the Federal Register. waiver to LACMTA for the procurement
Affected Public: Businesses of a PTIDS. On May 1, 2015, LACMTA
(Railroads). Authority: 44 U.S.C. 3501–3520. requested a Buy America non-
Form(s): New Forms FRA F availability waiver for the PTIDS
Issued in Washington, DC, on December 4,
6180.161(a)–(k). 2015. because several components are only
Total Annual Estimated Responses: Corey Hill, available from a single source and are
121. not produced in sufficient and
Acting Executive Director.
Total Annual Estimated Burden: 121 reasonably available quantities of a
[FR Doc. 2015–31048 Filed 12–9–15; 8:45 am]
hours. satisfactory quality in the United States.
Title: FRA Safety Advisory 2015–03, BILLING CODE 4910–06–P
49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(c).
Operational and Signal Modifications LACMTA operates both heavy rail
for Compliance with Maximum and light rail for 80 stations spanning 87
DEPARTMENT OF TRANSPORTATION
Authorized Passenger Train Speeds and service miles. In December 2013,
Other Restrictions. Federal Transit Administration LACMTA entered into a partnership
OMB Control Number: 2130–0613. with Honeywell International, Inc.
Abstract: FRA issued Safety Advisory [Docket No. FTA–2015–0026] (Honeywell) and ProTran Technology
2015–03 on June 12, 2015 (see 80 FR LLC to submit an application in
33585) to stress to passenger railroads Notice of a Buy America Waiver for
response to FTA’s Notice of Funding
and railroads that host passenger service Proposed Innovative Electronic
Availability Solicitation of Project
and their employees the importance of Platform Track Intrusion System
Proposals for Innovative Safety,
compliance with Federal regulations AGENCY: Federal Transit Administration, Resiliency, and All-Hazards Emergency
and applicable railroad rules governing DOT. Response and Recovery Research
applicable passenger train speed limits. ACTION: Notice of a Buy America waiver. Demonstrations. The goal of LACMTA’s
This safety advisory makes proposal is to demonstrate that the
recommendations to these railroads to SUMMARY: The Federal Transit PTIDS is the most reliable, efficient, and
ensure that compliance with applicable Administration (FTA) received a request secure system available and can
passenger train speed limits is from the Los Angeles County immediately identify any right-of-way
addressed by appropriate railroad Metropolitan Transportation Authority obstacles. The PTIDS relies on radar
operating policies and procedures and (LACMTA) for a Buy America non- transponder technology to send an
signal systems. availability waiver for the procurement instant warning to rail operation safety
mstockstill on DSK4VPTVN1PROD with NOTICES
Type of Request: Regular Clearance of a proposed innovative electronic systems and personnel. If an intrusion is
without change of a currently approved platform track intrusion system (PTIDS). detected, the PTIDS sensors trigger
Emergency Clearance. LACMTA seeks to procure the PTIDS for safety systems and notify personnel, so
Affected Public: Businesses research and testing purposes to that the train can be stopped. Due to the
(Railroads). determine whether such a system will accuracy and immediacy of the
Form(s): N/A. help to increase rail safety by technology, LACMTA claims that the
Total Annual Estimated Responses: identifying obstacles in the right-of-way. PTIDS allows for the greatest response
5,880. PTIDS uses radar transponder time so more accidents will be avoided.
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![76740 Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices
PTIDS also has fail-safe mechanisms appropriated to carry out its program for SUMMARY: The Federal Transit
and uses algorithms to prevent false a project unless ‘‘the steel, iron, and Administration (FTA) received a request
alarms, which plague many other manufactured goods used in the project from the Virginia Department of
platform intrusion detection systems on are produced in the United States.’’ 49 Transportation (VDOT) for a Buy
the market. In addition, LACMTA states U.S.C. 5323(j)(1). A manufactured America waiver for Voith Turbo
that some components of this system are product is considered produced in the Schneider Propeller GmbH (Voith) 21/
custom-designed. For instance, the United States if: (1) All of the R5 propulsion units based on non-
PTIDS uses a radio-wave based sensor manufacturing processes for the product availability. Voith, located in Germany,
sub-system, a signal processing sub- take place in the United States; and (2) is the sole manufacturer of the required
system, a video sub-system, and a all of the components of the product are propulsion units. VDOT is procuring the
communications sub-system that of U.S. origin. A component is propulsion units as part of an engine
provides alerts to operators. All of these considered of U.S. origin if it is and drive system replacement for the
sub-systems work together and are manufactured in the United States, Ferry Boat Pocahontas, which is
connected to one another by custom regardless of the origin of its operated by VDOT. There are no
cables that are designed for the subcomponents. 49 CFR 661.5(d). If, domestic manufacturers of equivalent
particular rail system and equipment. however, FTA determines that ‘‘the propulsion units. In accordance with 49
Honeywell currently manufactures the steel, iron, and goods produced in the U.S.C. 5323(j)(3)(A), FTA published a
safety system equipment in Germany. United States are not produced in a notice of the waiver request and sought
LACMTA states that some PTIDS sufficient and reasonably available public comment in deciding whether to
components currently are not available amount or are not of a satisfactory grant the request. Having received no
in the United States and no U.S. quality,’’ then FTA may issue a waiver comments opposing the waiver, FTA is
manufacturers make acceptable (non-availability waiver). 49 U.S.C. hereby granting a non-availability
substitutes. Therefore, LACMTA 5323(j)(2)(B); 49 CFR 661.7(c). waiver for this one procurement of the
requested a Buy America non- LACMTA requested a Buy America specific Voith Turbo Schneider
availablily waiver for certain PTIDS non-availability waiver in order to Propeller GmbH identified in this
components that are manufactured conduct research on and test the PTIDS waiver request, and not to any future
abroad. 49 CFR 661.7. for future use. LACMTA also notes that procurement by VDOT or others.
According to LACMTA’s request, six Honeywell may consider domestic DATES: This waiver is effective
of the 12 components that comprise the manufacturing of certain elements of the immediately.
PTIDS are foreign-made and require a PTIDS if this research and testing is
FOR FURTHER INFORMATION CONTACT:
non-availability waiver under 49 CFR successful and if there is adequate
Laura Ames, FTA Attorney-Advisor, at
661.7. Those components requiring a industry demand.
waiver are: The AXIS fixed outdoor (202) 366–2743 or laura.ames@dot.gov.
On Tuesday, September 29, 2015, and
dome camera manufactured in Sweden; in accordance with 49 U.S.C. SUPPLEMENTARY INFORMATION: The
the AXIS wall mount for dome cameras 5323(j)(3)(A), FTA published a notice in purpose of this Notice is to announce
manufactured in Sweden; the the Federal Register announcing the that FTA is granting a non-availability
Honeywell Module Radar Sensor LACMTA Buy America waiver request waiver to VODT for the purchase of two
Modules Pair manufactured in (80 FR 58530), seeking comment from (2) Voith 21/R5 propulsion units based
Germany; the Honeywell GPC/CCU all interested parties, including on non-availability. On August 12, 2015,
controller units manufactured in potential vendors and suppliers. The VDOT requested a Buy America waiver
Germany; the Honeywell GPC Cabinet comment period closed on October 13, for the procurement of the propulsion
for equiptment manufactured in 2015, and no comments were received. units. VDOT’s request identified Voith,
Germany and; the Honeywell Custom Based on the representations from located in Germany, as the sole
Cables for interconnection LACMTA, the lack of any comments, manufacturer of the required propulsion
manufactured in Germany. and the fact that the NIST supplier units. No known domestic equivalents
FTA also conducted a scouting search scouting search did not identify a exist. VDOT is procuring the propulsion
through its Interagency Agreement with domestically made PTIDS, FTA is units as part of an engine and drive
the U.S. Department of Commerce’s granting a non-availability waiver for system replacement for the Ferry Boat
National Institute of Standards and the procurement of a PTIDS described Pocahontas, which is operated by VDOT
Technology (NIST). The scouting search above. on the Jamestown-Scotland ferry route
identified three domestic manufacturers crossing the James River in Virginia.
Issued on December 7, 2015. The original propulsion units have
as potential matches for this
opportunity: Extreme Endeavors in West Dana Nifosi, reached the end of their useful life.
Virginia, Innovative Solutions Through Deputy Chief Counsel. Although the new ferry engines will be
Technology in Kentucky, and BFW, Inc. [FR Doc. 2015–31153 Filed 12–9–15; 8:45 am] manufactured domestically by
in Kentucky. The manufacturers BILLING CODE 4910–57–P Caterpillar, Inc., the vessel has a specific
identified either produce similar propulsion design utilizing a vertical
products to the PTIDS sought, possess axis cycloidal propeller. The Pocahontas
the capabilities to produce this PTIDS, DEPARTMENT OF TRANSPORTATION was designed around the vertical
have produced an item similar to the propeller configuration. The entirety of
PTIDS in the past, or have expressed a Federal Transit Administration the vessel’s hull, the engine housing, the
mstockstill on DSK4VPTVN1PROD with NOTICES
business interest in producing the [Docket No. FTA–2015–0027] dimensions of the vessel, and the ballast
PTIDS. However, none of these U.S. locations, are all configured to work
manufacturers identified currently Notice of Buy America Waiver for Voith with a vertical propulsion unit, which
produce the exact PTIDS that LACMTA Propulsion Unit ensures proper piloting and vessel
is seeking, as described in this Notice. AGENCY: Federal Transit Administration, stability. As part of the procurement
With certain exceptions, FTA’s Buy DOT. planning, VDOT contracted with Alion
America requirements prevent FTA Science and Technology Corp. (Alion)
ACTION: Notice of Buy America waiver.
from obligating an amount that may be to develop the design of the entire
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Document Created: 2015-12-14 13:28:43
Document Modified: 2015-12-14 13:28:43
| 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 a Buy America waiver. | |
| Dates | This waiver is effective immediately. | |
| Contact | Laura Goldin, FTA Attorney-Advisor, at (202) 366-2743 or [email protected] | |
| FR Citation | 80 FR 76739 |
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