80 FR 76740 - Notice of Buy America Waiver for Voith Propulsion Unit
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 | 76740-76741 | |
| FR Document | 2015-31154 |
[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)] [Notices] [Pages 76740-76741] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31154] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2015-0027] Notice of Buy America Waiver for Voith Propulsion Unit AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America waiver. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) received a request from the Virginia Department of Transportation (VDOT) for a Buy America waiver for Voith Turbo Schneider Propeller GmbH (Voith) 21/R5 propulsion units based on non-availability. Voith, located in Germany, is the sole manufacturer of the required propulsion units. VDOT is procuring the propulsion units as part of an engine and drive system replacement for the Ferry Boat Pocahontas, which is operated by VDOT. There are no domestic manufacturers of equivalent propulsion units. 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 Voith Turbo Schneider Propeller GmbH identified in this waiver request, and not to any future procurement by VDOT or others. DATES: This waiver is effective immediately. FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at (202) 366-2743 or laura.ames@dot.gov. SUPPLEMENTARY INFORMATION: The purpose of this Notice is to announce that FTA is granting a non-availability waiver to VODT for the purchase of two (2) Voith 21/R5 propulsion units based on non-availability. On August 12, 2015, VDOT requested a Buy America waiver for the procurement of the propulsion units. VDOT's request identified Voith, located in Germany, as the sole manufacturer of the required propulsion units. No known domestic equivalents exist. VDOT is procuring the propulsion units as part of an engine and drive system replacement for the Ferry Boat Pocahontas, which is operated by VDOT on the Jamestown- Scotland ferry route crossing the James River in Virginia. The original propulsion units have reached the end of their useful life. Although the new ferry engines will be manufactured domestically by Caterpillar, Inc., the vessel has a specific propulsion design utilizing a vertical axis cycloidal propeller. The Pocahontas was designed around the vertical propeller configuration. The entirety of the vessel's hull, the engine housing, the dimensions of the vessel, and the ballast locations, are all configured to work with a vertical propulsion unit, which ensures proper piloting and vessel stability. As part of the procurement planning, VDOT contracted with Alion Science and Technology Corp. (Alion) to develop the design of the entire [[Page 76741]] engine replacement. Alion concluded that the Voith propulsion units were paired appropriately (in terms of performance and cost) with the engines manufactured domestically by Caterpillar. 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). 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. 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). 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 one domestic manufacturer as a potential match for this opportunity, Astro Manufacturing and Design in Ohio. This manufacturer produces a similar item to the Vertical Axis Cycloidal Propeller and possesses the capabilities to produce the propeller. However, the U.S. manufacturer identified does not currently produce the exact propeller that VDOT is seeking, as described in this Notice. 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 VDOT Buy America waiver request (80 FR 58530), seeking comment from all interested parties, including potential vendors and suppliers. The comment period closed on Thursday, October 29, 2015 and no comments were received. Based on the representations from VDOT, the lack of any comments, and the fact that the NIST supplier scouting search did not identify any domestically made propulsion units utilizing a vertical axis cycloidal propeller, FTA is granting a non- availability waiver for the procurement of Voith Turbo Schneider Propeller GmbH (Voith) 21/R5 propulsion units described above. Issued on: December 7, 2015. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2015-31154 Filed 12-9-15; 8:45 am] BILLING CODE 4910-57-P
![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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![Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices 76741
engine replacement. Alion concluded DEPARTMENT OF TRANSPORTATION to http://www.regulations.gov, including
that the Voith propulsion units were any personal information provided.
paired appropriately (in terms of National Highway Traffic Safety Please see the Privacy Act heading
performance and cost) with the engines Administration below.
manufactured domestically by Privacy Act: Anyone is able to search
[Docket No. NHTSA–2015–0107; Notice 1]
Caterpillar. the electronic form of all comments
Notice of Receipt of Petition for received into any of our dockets by the
With certain exceptions, FTA’s Buy
Decision That Nonconforming Model name of the individual submitting the
America requirements prevent FTA comment (or signing the comment, if
from obligating an amount that may be Year 2012 Fisker Karma Passenger
Cars Are Eligible for Importation submitted on behalf of an association,
appropriated to carry out its program for business, labor union, etc.). You may
a project unless ‘‘the steel, iron, and AGENCY: National Highway Traffic review DOT’s complete Privacy Act
manufactured goods used in the project Safety Administration, DOT. Statement in the Federal Register
are produced in the United States.’’ 49 ACTION: Receipt of petition. published on April 11, 2000 (65 FR
U.S.C. 5323(j)(1). If, however, FTA 19477–78).
determines that ‘‘the steel, iron, and SUMMARY: This document announces How To Read Comments submitted to
goods produced in the United States are receipt by the National Highway Traffic the Docket: You may read the comments
not produced in a sufficient and Safety Administration (NHTSA) of a received by Docket Management at the
reasonably available amount or are not petition for a decision that model year address and times given above. You may
of a satisfactory quality,’’ then FTA may (MY) 2012 Fisker Karma passenger cars also view the documents from the
issue a non-availability waiver. 49 (PC) that were not originally Internet at http://www.regulations.gov.
U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). manufactured to comply with all Follow the online instructions for
applicable Federal motor vehicle safety accessing the dockets. The docket ID
FTA also conducted a scouting search standards (FMVSS), are eligible for number and title of this notice are
through its Interagency Agreement with importation into the United States shown at the heading of this document
the U.S. Department of Commerce’s because they are substantially similar to notice. Please note that even after the
National Institute of Standards and vehicles that were originally comment closing date, we will continue
Technology (NIST). The scouting search manufactured for sale in the United to file relevant information in the
identified one domestic manufacturer as States and that were certified by their Docket as it becomes available. Further,
a potential match for this opportunity, manufacturer as complying with the some people may submit late comments.
Astro Manufacturing and Design in safety standards (the U.S.-certified Accordingly, we recommend that you
Ohio. This manufacturer produces a version of the 2012 Fisker Karma PC) periodically search the Docket for new
similar item to the Vertical Axis and they are capable of being readily material.
Cycloidal Propeller and possesses the altered to conform to the standards. FOR FURTHER INFORMATION CONTACT:
capabilities to produce the propeller. DATES: The closing date for comments George Stevens, Office of Vehicle Safety
However, the U.S. manufacturer on the petition is January 11, 2016. Compliance, NHTSA (202–366–5308).
identified does not currently produce ADDRESSES: Comments should refer to SUPPLEMENTARY INFORMATION:
the exact propeller that VDOT is the docket and notice numbers above
seeking, as described in this Notice. and be submitted by any of the Background
On Tuesday, September 29, 2015, and following methods: Under 49 U.S.C. 30141(a)(1)(A), a
in accordance with 49 U.S.C. • Federal eRulemaking Portal: Go to motor vehicle that was not originally
5323(j)(3)(A), FTA published a notice in http://www.regulations.gov. Follow the manufactured to conform to all
the Federal Register announcing the online instructions for submitting applicable FMVSS shall be refused
VDOT Buy America waiver request (80 comments. admission into the United States unless
FR 58530), seeking comment from all • Mail: Docket Management Facility: NHTSA has decided that the motor
interested parties, including potential U.S. Department of Transportation, 1200 vehicle is substantially similar to a
vendors and suppliers. The comment New Jersey Avenue SE., West Building motor vehicle originally manufactured
period closed on Thursday, October 29, Ground Floor, Room W12–140, for importation into and sale in the
Washington, DC 20590–0001 United States, certified under 49 U.S.C.
2015 and no comments were received.
• Hand Delivery or Courier: West 30115, and of the same model year as
Based on the representations from
Building Ground Floor, Room W12–140, the model of the motor vehicle to be
VDOT, the lack of any comments, and 1200 New Jersey Avenue SE., between compared, and is capable of being
the fact that the NIST supplier scouting 9 a.m. and 5 p.m. ET, Monday through readily altered to conform to all
search did not identify any domestically Friday, except Federal holidays. applicable FMVSS.
made propulsion units utilizing a • Fax: 202–493–2251. Petitions for eligibility decisions may
vertical axis cycloidal propeller, FTA is Instructions: Comments must be be submitted by either manufacturers or
granting a non-availability waiver for written in the English language, and be importers who have registered with
the procurement of Voith Turbo no greater than 15 pages in length, NHTSA pursuant to 49 CFR part 592. As
Schneider Propeller GmbH (Voith) 21/ although there is no limit to the length specified in 49 CFR 593.7, NHTSA
R5 propulsion units described above. of necessary attachments to the publishes notice in the Federal Register
mstockstill on DSK4VPTVN1PROD with NOTICES
Issued on: December 7, 2015. comments. If comments are submitted of each petition that it receives, and
Dana Nifosi,
in hard copy form, please ensure that affords interested persons an
two copies are provided. If you wish to opportunity to comment on the petition.
Deputy Chief Counsel. receive confirmation that your At the close of the comment period,
[FR Doc. 2015–31154 Filed 12–9–15; 8:45 am] comments were received, please enclose NHTSA decides, on the basis of the
BILLING CODE 4910–57–P a stamped, self-addressed postcard with petition and any comments that it has
the comments. Note that all comments received, whether the vehicle is eligible
received will be posted without change for importation. The agency then
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Document Created: 2015-12-14 13:29:18
Document Modified: 2015-12-14 13:29:18
| 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 | Laura Ames, FTA Attorney-Advisor, at (202) 366-2743 or [email protected] | |
| FR Citation | 80 FR 76740 |
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