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)

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.

[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]


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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.

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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 [email protected].

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