81 FR 15406 - Notice of Proposed Buy America Waiver for Special Trackwork Turnout Switch Components
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 55 (March 22, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 55 (March 22, 2016)
| Page Range | 15406-15407 | |
| FR Document | 2016-06375 |
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)] [Notices] [Pages 15406-15407] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06375] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0005] Notice of Proposed Buy America Waiver for Special Trackwork Turnout Switch Components AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Proposed Buy America waiver and request for comment. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) received a request from the Detroit Transportation Corporation (DTC) for a Buy America non-availability waiver for the procurement of two special trackwork turnout switch components (switch). The existing switches were installed as original equipment in 1987 and designed to European standards, using AREMA 115RE rail throughout the turnout with a special 60E1A1 switch point section. The proper operation of the switch is essential for the continued, safe operations of DTC vehicles. DTC seeks a waiver for the switch because there are no domestic manufacturers of the switch. In addition, European design and the proprietary nature of the equipment means that alternative proposers would need to first familiarize themselves with European standards, design, construction, and installation procedures to provide a replacement switch. DTC issued two requests for proposals (RFPs) for procurement of the switch, and received only one proposal, which was not Buy America-complaint. 49 U.S.C. 5323(j)(2) and 49 CFR 661.7(c)(2). In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the non-availability waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would apply for the switch identified in the waiver request. DATES: Comments must be received by March 29, 2016. Late-filed comments will be considered to the extent practicable. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FTA-2016-0005: 1. Web site: http://www.regulations.gov. Follow the instructions for submitting comments on the U.S. Government electronic docket site. 2. Fax: (202) 493-2251. 3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, West Building, Ground Floor, Room W12- 140, Washington, DC 20590-0001. 4. Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must make reference to the ``Federal Transit Administration'' and include docket number FTA-2016-0005. Due to the security procedures in effect since October 2011, mail received through the U.S. Postal Service may be subject to delays. Parties making submissions responsive to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to http://www.regulations.gov. For more information, you may review DOT's complete Privacy Act Statement in the Federal Register published April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at (202) 366-2743 or [email protected]. SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide [[Page 15407]] notice and seek public comment on whether the FTA should grant a Buy America non-availability waiver for the Detroit Transportation Corporation (DTC) for the procurement of replacement special trackwork turnout switch components. On July 13, 2015, DTC requested a Buy America waiver for the switch because it is not produced in the United States in sufficiently and reasonably available quantities or of a satisfactory quality. 49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(c). By way of background, DTC is the owner and operator of the Detroit People Mover, which is the largest municipal rail system in Michigan. It is a fully automated light rail system that operates twelve (12) rail cars between thirteen (13) passenger stations on an elevated single track in a 2.9 mile loop in Detroit's central business district. In March 2015, DTC solicited bids to procure special trackwork switch point for Turnout 3, which is located adjacent to the Maintenance Facility Building and provides access to the building. The special trackwork of concern was originally procured from Germany (by Krupp Stahl AG) and is of European standards, using AREMA 115RE rail throughout the turnout with special 60E1A1 (formerly Zu-160) track point section. The project includes replacing stock rails that connect the switch point section to the original running rails, as well as rubber pads; both the rails and pads will be sourced domestically. The waiver only applies to the switch component of the project. DTC issued the first RFP in March 2015 to thirteen (13) companies: Atlantic Track & Turnout Co.; LB Foster Co.; Cleveland Track Materials (Vossioh); Progress Rail Services Corp.; Unitrac Railroad Materials, Inc.; London Trackwork, Inc.; Skelton; Voestalpine Nortrak, Inc.; RailWorks Projects, Inc.; All American Track; Construction Data Company; IntegriCo Composites; and Delta Railroad Construction, Inc. DTC received no responses. It contacted all the companies, and reissued the RFP in May 2015 to six (6) firms that expressed an interest in the project. From this RFP, DTC only received one proposal, from Delta Railroad Construction, Inc. (Delta). Delta, however, cannot comply with Buy America requirements because the only manufacturer of the switch is a German company. To change the manufacturer, Delta would need to re- engineer the switch and modify the ``frog'' section and guideway elements; this design would need to be certified. Delta would then need to locate a domestic source to manufacture the re-engineered switch. Upon installation, the proprietary software designer of the automated control train system would need to certify the switch's performance in order to ensure it could be safely used with the existing guideway switch machines. Moreover, DTC believes there is inadequate competition for the project and needs to move forward with this important maintenance project. Thus, DTC is seeking a Buy America non- availability waiver under 49 CFR 661.7(c)(1) for the switch. 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). Under 49 CFR 661.7(c)(1), ``It will be presumed that the conditions exist to grant this non-availability waiver if no responsive and responsible bid is received offering an item produced in the United States.'' In addition, ``If the Secretary denies an application for a waiver . . . the Secretary shall provide to the applicant a written certification that-- the steel, iron, or manufactured goods, as applicable, (referred to in this subparagraph as the `item') is produced in the United States in a sufficient and reasonably available amount; (i) the item produced in the United States is of a satisfactory quality; and (ii) includes a list of known manufacturers in the United States from which the item can be obtained.'' 49 U.S.C. 5323(j)(6). The purpose of this notice is to publish DTC's request and seek public comment from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely the facts surrounding the request, including the merits of the request. A full copy of the request has been placed in docket number FTA-2016-0005. Issued on March 16, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016-06375 Filed 3-21-16; 8:45 am] BILLING CODE 4910-57-P
![15406 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
individuals consistent with the Clark M. Robinson (SC) standards, design, construction, and
grandfathering provisions applied to Donald L. Schoendienst (MO) installation procedures to provide a
drivers who participated in the Wesley C. Slattery (KS) replacement switch. DTC issued two
Agency’s vision waiver program. James J. Slemmer, Jr. (PA) requests for proposals (RFPs) for
Those requirements are found at 49 Jeffrey W. Smith (NC) procurement of the switch, and received
CFR 391.64(b) and include the Mark R. Stevens (IA) only one proposal, which was not Buy
following: (1) That each individual be Kevin A. Szafranski (ND) America-complaint. 49 U.S.C. 5323(j)(2)
physically examined every year (a) by Gerry W. Talbott (VA) and 49 CFR 661.7(c)(2). In accordance
an ophthalmologist or optometrist who Raymond W. Teemer (NJ) with 49 U.S.C. 5323(j)(3)(A), FTA is
attests that the vision in the better eye In accordance with 49 U.S.C. 31136(e) providing notice of the non-availability
continues to meet the requirement in 49 and 31315, each exemption will be valid waiver request and seeks public
CFR 391.41(b)(10) and (b) by a medical for 2 years unless revoked earlier by comment before deciding whether to
examiner who attests that the individual FMCSA. The exemption will be revoked grant the request. If granted, the waiver
is otherwise physically qualified under if: (1) The person fails to comply with would apply for the switch identified in
49 CFR 391.41; (2) that each individual the terms and conditions of the the waiver request.
provide a copy of the ophthalmologist’s exemption; (2) the exemption has DATES: Comments must be received by
or optometrist’s report to the medical resulted in a lower level of safety than March 29, 2016. Late-filed comments
examiner at the time of the annual was maintained before it was granted; or will be considered to the extent
medical examination; and (3) that each (3) continuation of the exemption would practicable.
individual provide a copy of the annual not be consistent with the goals and ADDRESSES: Please submit your
medical certification to the employer for objectives of 49 U.S.C. 31136 and 31315. comments by one of the following
retention in the driver’s qualification If the exemption is still effective at the means, identifying your submissions by
file, or keep a copy in his/her driver’s end of the 2-year period, the person may docket number FTA–2016–0005:
qualification file if he/she is self- apply to FMCSA for a renewal under 1. Web site: http://
employed. The driver must have a copy procedures in effect at that time. www.regulations.gov. Follow the
of the certification when driving, for Issued on: March 16, 2016. instructions for submitting comments
presentation to a duly authorized on the U.S. Government electronic
Larry W. Minor,
Federal, State, or local enforcement docket site.
official. Associate Administrator for Policy.
2. Fax: (202) 493–2251.
[FR Doc. 2016–06395 Filed 3–21–16; 8:45 am]
V. Discussion of Comments 3. Mail: U.S. Department of
BILLING CODE 4910–EX–P
Transportation, 1200 New Jersey
FMCSA received no comments in this Avenue SE., Docket Operations, M–30,
proceeding. West Building, Ground Floor, Room
DEPARTMENT OF TRANSPORTATION
IV. Conclusion W12–140, Washington, DC 20590–0001.
Federal Transit Administration 4. Hand Delivery: U.S. Department of
Based upon its evaluation of the 36 Transportation, 1200 New Jersey
exemption applications, FMCSA [Docket No. FTA–2016–0005] Avenue SE., Docket Operations, M–30,
exempts the following drivers from the West Building, Ground Floor, Room
vision requirement in 49 CFR Notice of Proposed Buy America W12–140, Washington, DC 20590–0001
391.41(b)(10), subject to the Waiver for Special Trackwork Turnout between 9 a.m. and 5 p.m., Monday
requirements cited above (49 CFR Switch Components through Friday, except Federal holidays.
391.64(b)): Instructions: All submissions must
AGENCY: Federal Transit Administration,
Raymond H. Annis (CA) DOT. make reference to the ‘‘Federal Transit
Joseph A. Basista (PA) Administration’’ and include docket
James T. Bauer (PA) ACTION: Notice of Proposed Buy America
number FTA–2016–0005. Due to the
Duane W. Brzuchalski (AZ) waiver and request for comment.
security procedures in effect since
John D. Burns, Jr. (NY) SUMMARY: The Federal Transit October 2011, mail received through the
Stephen J. Calandrino (PA) U.S. Postal Service may be subject to
Administration (FTA) received a request
Randall S. Canedy (PA) delays. Parties making submissions
from the Detroit Transportation
Rufus A. Dennis (TN) responsive to this notice should
David Diamond (IL) Corporation (DTC) for a Buy America
non-availability waiver for the consider using an express mail firm to
David D. Frey (FL) ensure the prompt filing of any
Jason T. Glaude (ME) procurement of two special trackwork
turnout switch components (switch). submissions not filed electronically or
Patrick Griffin (OK) by hand. Note that all submissions
Roger J. Hansen (WI) The existing switches were installed as
original equipment in 1987 and received, including any personal
Elvin M. Hursh (PA)
designed to European standards, using information therein, will be posted
Tommy R. Jefferies (FL)
AREMA 115RE rail throughout the without change or alteration to http://
Jeffrey A. Keefer (OH)
Dale R. Knuppel (CO) turnout with a special 60E1A1 switch www.regulations.gov. For more
James J. Kopesky (WI) point section. The proper operation of information, you may review DOT’s
the switch is essential for the continued, complete Privacy Act Statement in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Richard W. Korthanke (KS)
William E. Leimkuehler (CA) safe operations of DTC vehicles. DTC Federal Register published April 11,
Michael R. Letson (MI) seeks a waiver for the switch because 2000 (65 FR 19477), or you may visit
Jose A. Marco (TX) there are no domestic manufacturers of http://www.regulations.gov.
Cole W. McLaughlin (SD) the switch. In addition, European design FOR FURTHER INFORMATION CONTACT:
Javier R. Morales (CA) and the proprietary nature of the Laura Ames, FTA Attorney-Advisor, at
Clarence L. Ogle (SD) equipment means that alternative (202) 366–2743 or Laura.Ames@dot.gov.
Roy A. Quesada (PA) proposers would need to first SUPPLEMENTARY INFORMATION: The
Rafael Quintero (TX) familiarize themselves with European purpose of this notice is to provide
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![Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices 15407
notice and seek public comment on automated control train system would Issued on March 16, 2016.
whether the FTA should grant a Buy need to certify the switch’s performance Dana Nifosi,
America non-availability waiver for the in order to ensure it could be safely Deputy Chief Counsel.
Detroit Transportation Corporation used with the existing guideway switch [FR Doc. 2016–06375 Filed 3–21–16; 8:45 am]
(DTC) for the procurement of machines. Moreover, DTC believes there BILLING CODE 4910–57–P
replacement special trackwork turnout is inadequate competition for the project
switch components. On July 13, 2015, and needs to move forward with this
DTC requested a Buy America waiver important maintenance project. Thus, DEPARTMENT OF TRANSPORTATION
for the switch because it is not produced DTC is seeking a Buy America non-
in the United States in sufficiently and availability waiver under 49 CFR Federal Transit Administration
reasonably available quantities or of a 661.7(c)(1) for the switch. [Docket No. FTA–2016–0006]
satisfactory quality. 49 U.S.C.
5323(j)(2)(A); 49 CFR 661.7(c). With certain exceptions, FTA’s Buy
Notice of Proposed Buy America
By way of background, DTC is the America requirements prevent FTA
Waiver for Steel Excavator With a
owner and operator of the Detroit from obligating an amount that may be
Continuous Wield Platform
People Mover, which is the largest appropriated to carry out its program for
municipal rail system in Michigan. It is a project unless ‘‘the steel, iron, and AGENCY: Federal Transit Administration,
a fully automated light rail system that manufactured goods used in the project DOT.
operates twelve (12) rail cars between are produced in the United States.’’ 49 ACTION: Notice of proposed Buy America
thirteen (13) passenger stations on an U.S.C. 5323(j)(1). A manufactured waiver and request for comment.
elevated single track in a 2.9 mile loop product is considered produced in the
in Detroit’s central business district. In United States if: (1) All of the SUMMARY: The Federal Transit
March 2015, DTC solicited bids to manufacturing processes for the product Administration (FTA) received a request
procure special trackwork switch point take place in the United States; and (2) from the Metro North Railroad (MNR)
for Turnout 3, which is located adjacent all of the components of the product are for a Buy America non-availability
to the Maintenance Facility Building of U.S. origin. A component is waiver for the procurement of a steel
and provides access to the building. The excavator with a continuous wield
considered of U.S. origin if it is
special trackwork of concern was platform (CWP). MNR seeks to procure
manufactured in the United States,
originally procured from Germany (by a CWP to clear the right-of-way after
regardless of the origin of its
Krupp Stahl AG) and is of European storms and thereby enabling the timely
subcomponents. 49 CFR 661.5(d). If, resumption of passenger train service.
standards, using AREMA 115RE rail
however, FTA determines that ‘‘the MNR seeks a waiver for the requirement
throughout the turnout with special
60E1A1 (formerly Zu-160) track point steel, iron, and goods produced in the that final assembly take place in the
section. The project includes replacing United States are not produced in a United States because there is no
stock rails that connect the switch point sufficient and reasonably available domestic manufacturer available to
section to the original running rails, as amount or are not of a satisfactory produce the equipment. 49 U.S.C.
well as rubber pads; both the rails and quality,’’ then FTA may issue a waiver 5323(j)(2) and 49 CFR 661.7(c)(2). In
pads will be sourced domestically. The (non-availability waiver). 49 U.S.C. accordance with 49 U.S.C. 5323(j)(3)(A),
waiver only applies to the switch 5323(j)(2)(B); 49 CFR 661.7(c). Under 49 FTA is providing notice of the non-
component of the project. CFR 661.7(c)(1), ‘‘It will be presumed availability waiver request and seeks
DTC issued the first RFP in March that the conditions exist to grant this public comment before deciding
2015 to thirteen (13) companies: non-availability waiver if no responsive whether to grant the request. If granted,
Atlantic Track & Turnout Co.; LB Foster and responsible bid is received offering the waiver would apply to a one-time
Co.; Cleveland Track Materials an item produced in the United States.’’ procurement only for the specific
(Vossioh); Progress Rail Services Corp.; In addition, ‘‘If the Secretary denies an equipment identified in the waiver
Unitrac Railroad Materials, Inc.; London application for a waiver . . . the request.
Trackwork, Inc.; Skelton; Voestalpine Secretary shall provide to the applicant
Nortrak, Inc.; RailWorks Projects, Inc.; DATES: Comments must be received by
a written certification that—the steel, March 29, 2016. Late-filed comments
All American Track; Construction Data iron, or manufactured goods, as
Company; IntegriCo Composites; and will be considered to the extent
applicable, (referred to in this practicable.
Delta Railroad Construction, Inc. DTC subparagraph as the ‘item’) is produced
received no responses. It contacted all in the United States in a sufficient and ADDRESSES: Please submit your
the companies, and reissued the RFP in reasonably available amount; (i) the comments by one of the following
May 2015 to six (6) firms that expressed item produced in the United States is of means, identifying your submissions by
an interest in the project. From this RFP, a satisfactory quality; and (ii) includes docket number FTA–2016–0006:
DTC only received one proposal, from a list of known manufacturers in the 1. Web site: http://
Delta Railroad Construction, Inc. (Delta). United States from which the item can www.regulations.gov. Follow the
Delta, however, cannot comply with be obtained.’’ 49 U.S.C. 5323(j)(6). instructions for submitting comments
Buy America requirements because the on the U.S. Government electronic
only manufacturer of the switch is a The purpose of this notice is to docket site.
German company. To change the publish DTC’s request and seek public 2. Fax: (202) 493–2251.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
manufacturer, Delta would need to re- comment from all interested parties in 3. Mail: U.S. Department of
engineer the switch and modify the accordance with 49 U.S.C. 5323(j)(3)(A). Transportation, 1200 New Jersey
‘‘frog’’ section and guideway elements; Comments will help FTA understand Avenue SE., Docket Operations, M–30,
this design would need to be certified. completely the facts surrounding the West Building, Ground Floor, Room
Delta would then need to locate a request, including the merits of the W12–140, Washington, DC 20590–0001.
domestic source to manufacture the re- request. A full copy of the request has 4. Hand Delivery: U.S. Department of
engineered switch. Upon installation, been placed in docket number FTA– Transportation, 1200 New Jersey
the proprietary software designer of the 2016–0005. Avenue SE., Docket Operations, M–30,
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Document Created: 2018-02-02 15:15:39
Document Modified: 2018-02-02 15:15:39
| 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 Proposed Buy America waiver and request for comment. | |
| Dates | Comments must be received by March 29, 2016. Late-filed comments will be considered to the extent practicable. | |
| Contact | Laura Ames, FTA Attorney-Advisor, at (202) 366-2743 or [email protected] | |
| FR Citation | 81 FR 15406 |
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