81 FR 15407 - Notice of Proposed Buy America Waiver for Steel Excavator With a Continuous Wield Platform

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 55 (March 22, 2016)

Page Range		15407-15408
FR Document		2016-06417

The Federal Transit Administration (FTA) received a request from the Metro North Railroad (MNR) for a Buy America non-availability waiver for the procurement of a steel excavator with a continuous wield platform (CWP). MNR seeks to procure a CWP to clear the right-of-way after storms and thereby enabling the timely resumption of passenger train service. MNR seeks a waiver for the requirement that final assembly take place in the United States because there is no domestic manufacturer available to produce the equipment. 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 to a one-time procurement only for the specific equipment identified in the waiver request.

Federal Register, Volume 81 Issue 55 (Tuesday, March 22, 2016)

[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15407-15408]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06417]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0006]


Notice of Proposed Buy America Waiver for Steel Excavator With a 
Continuous Wield Platform

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of proposed Buy America waiver and request for comment.

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SUMMARY: The Federal Transit Administration (FTA) received a request 
from the Metro North Railroad (MNR) for a Buy America non-availability 
waiver for the procurement of a steel excavator with a continuous wield 
platform (CWP). MNR seeks to procure a CWP to clear the right-of-way 
after storms and thereby enabling the timely resumption of passenger 
train service. MNR seeks a waiver for the requirement that final 
assembly take place in the United States because there is no domestic 
manufacturer available to produce the equipment. 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 to a one-time procurement only for the 
specific equipment 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-2016-0006:
    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,

[[Page 15408]]

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-2016-0006. 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 
notice and seek public comment on whether the FTA should grant a non-
availability waiver to the Metro North Railroad (MNR) for the 
procurement of a steel excavator with a continuous wield platform 
(CWP). On May 13, 2015, Metro requested a Buy America waiver for the 
CWP because the only responsive bidder to its solicitation was a 
Canadian manufacturer. While 77% of the content of the material would 
be domestic origin, the CWP would be assembled in Canada. 49 U.S.C. 
5323(j)(2)(A); 49 CFR 661.7(c).
    By way of background, MNR operates commuter rail service spanning 
787 track miles. Metro North has a large length of track along the 
shore line and flooding along the line can occur regularly at many of 
these locations. The risk of flooding can be reduced by keeping 
drainage infrastructure, clear of debris. Specialized equipment such as 
the CWP can quickly clear the right of way after storms enabling the 
resumption of passenger train service. After Hurricane Sandy, MNR 
leased a CWP, but given limited availability as well as the higher cost 
of leasing, MNR believes that purchase of the CWP is necessary to 
ensure that it will be available to expedite service restoration and 
was provided funding to purchase such equipment from FTA through the 
Section 5324 Emergency Relief Funds allocated for Superstorm Sandy.
    A CWP is a train that consists of several platform suitable for 
holding/hauling and picking up or distributing a variety of materials, 
such as rocks, riprap, dirt or debris. The equipment is similar to a 
excavator which has an articulated arm, with the main difference being 
that it rides on rails and sits on a connected platform where it can 
dump or pick up material from in order to perform its functions. The 
main tasks the MNR uses the CWP for is shoreline stabilization/
restoration and for removing debris from the right-of-way after storms.
    MNR prepared and advertised a solicitation for the CWP on January 
9, 2015. Bids were due and opened on February 5, 2015. The solicitation 
was advertised in local newspapers, the New York State Contract Report 
and the MTA Metro-North Web site. A single bid was submitted by BRRI, a 
Canadian firm. BRRI submitted a Certificate of Non-Compliance because 
the final assembly of the equipment would take place in Canada, 
although content of the material used would be 77% domestic origin. The 
total gross sum of the bid submitted is $3,930,000.00.
    MNR states that it received ``No Bid'' response forms from seven 
vendors and that MNR contacted the vendors to determine why they did 
not submit bids. The responses from the vendors varied from ``not 
interested in selling'' to ``could not meet the requested bid due 
date.'' MNR then performed an internet search to for American made 
excavators with no results. MNR states that it then reached out to 
Herzog Railroad Services, Inc. and Dymax Rail and was told by both that 
they do not have the CWP in their fleet. Finally, MNR also contacted 
the National Institute of Statistics and Technology (NIST) to determine 
if there had been any research performed to identify U.S. manufacturers 
for this equipment. To date NIST has not conducted any supplier 
scouting or analyses for the item.
    On August 15, 2015, FTA contacted MNR, noting that one of the No-
Reponse bidders, Mecfor Inc. (Mecfor), stated that it could not meet 
the request bid due date but that it was not clear if Mecfor could meet 
FTA's Buy America requirements since it is a Canadian Firm. FTA asked 
MNR to contact Mecfor to confirm whether it had the CWP that would meet 
FTA's Buy America requirements. On August 25, 2015, MNR provided FTA 
Mecfor's response. Mecfor stated that more than 60% of the main 
componeents would be American made and that assembly of the CWP would 
be sub-contracted in the USA; however, Mecfor also declined for the 
second time an invitiation to re-bid stating that the company's 
workload was overbooked. Due to the fact that MNR did not receive a 
responsive bid for a CWP produced in the U.S. nor could it identify any 
potential bidders through research and outreach, MNR seeks a non-
availability waiver of the Buy America requirements for final assembly 
pursuant to 49 U.S.C. 5323 (j)(2)(B).
    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).
    MNR is requesting a Buy America non-availability waiver for the 
requirement that final assembly occur in the United States in order to 
procure a CWP for its shoreline stabilization/restoration and for 
removing debris from the right-of-way after storms.
    The purpose of this notice is to publish MNR'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-2016-0006.

    Issued on March 16, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-06417 Filed 3-21-16; 8:45 am]
BILLING CODE 4910-57-P

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 15:15:19
Document Modified: 2018-02-02 15:15:19

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 15407

81 FR 15407 - Notice of Proposed Buy America Waiver for Steel Excavator With a Continuous Wield Platform

DEPARTMENT OF TRANSPORTATIONFederal Transit Administration

Federal Register Volume 81, Issue 55 (March 22, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration