81 FR 15410 - Notice of Proposed Buy America Waiver for a Radio Communications System
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 | 15410-15411 | |
| FR Document | 2016-06376 |
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)] [Notices] [Pages 15410-15411] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06376] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0002] Notice of Proposed Buy America Waiver for a Radio Communications System 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 for a waiver to permit the use of FTA funding to purchase a radio communication system that is non- [[Page 15411]] compliant with the Buy America requirements. The request is from the Kansas City Area Transportation Authority (KCATA). KCATA is in the process of updating its current analog system with a digital voice system, compatible with its operating system. KCATA also plans to enter into a tri-party agreement with the City of Kansas City, Missouri, and the Kansas City Streetcar Authority (KCSA) to install the radio system into the new streetcars. The new radio system will increase KCATA's systems capacity and allow KCSA to have a dedicated talk group on KCATA's system. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver only would apply to a one-time FTA-funded procurement by KCATA. 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-2016-0002: 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-2016-0002. 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 comment on whether the FTA should grant a non- availability waiver for KCATA's purchase of a new radio communication system. The new radio system will replace KCATA's analog system, increase its systems capacity and allow KCSA to have a dedicated talk group on KCATA's system. 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). KCATA is a provider for public transportation services for Kansas City, Missouri. KCATA provides service to the entire Kansas City metropolitan area, operating in seven counties. KCATA's current radio system was purchased in 2002 and fully activated in 2005. The radio system is analog and operates on two separate channels. It has limited growth capabilities, issues with ``talk over,'' inaccessible voice connections, and after ten (10) years the maintenance costs are rising. KCATA is in the process of upgrading its radio system. As part of its plan to upgrade the radio system, KCATA issued a Request for Proposals (RFP) seeking a ``turnkey project that includes a DMR Tier III Trunked UHF Voice radio system, full integration of the radio system with the Trapeze TransitMaster CAD/AVL system, and extended maintenance and support.'' KCATA only received on response to the RFP. Tait North America (``Tait'') expressed interest in the project but noted that it is headquartered in New Zealand and that a majority of the products would be assembled in New Zealand, making them non-compliant with Buy America. 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.'' Since receiving the Tait proposal, KCATA has not been able to identify any companies in the United States that can meet the Buy America requirements for its project. FTA also conducted a scouting search for comparable radio system through its Interagency Agreement with the U.S. Department of Commerce's National Institute of Standards and Technology (NIST). The scouting search identified no domestic manufacturers as matches for this opportunity. The scouting search identified one domestic manufacturer as a partial match, but that manufacturer does not currently manufacture a comparable radio system. As such, KCATA is pursuing its non-availability waiver applications. The purpose of this notice is to publish KCATA'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 effects of a potential waiver and the merits of the request. A full copy of the request has been placed in docket number FTA-2016-0002. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016-06376 Filed 3-21-16; 8:45 am] BILLING CODE 4910-57-P
![15410 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
from ECR international-EMI-USA of was unable to find a domestically and YATA are pursuing their non-
Utica, New York, are in fact manufactured mini split air availability waiver applications. FTA
manufactured abroad. YATA identified conditioning system. In fact, KWT states did not reach out to KWT or SRA as
one ductless split system unit that is that it contacted the remaining America they submitted their waiver requests
manufactured in the U.S. by Modine, manufacturer of VRF HVAC systems after scouting was complete.
however, this unit has a larger capacity and this manufacturer ceased With certain exceptions, FTA’s Buy
than YATA’s project requirements for production two years ago. As a result, America requirements prevent FTA
the Operations and Maintenance KWT procured the Carrier ductless from obligating an amount that may be
Facility. Use of this unit would result in mini-split air conditioning equipment appropriated to carry out its program for
constant compressor cycling and a for the facility as no domestic a project unless ‘‘the steel, iron, and
limited lifespan. Moreover, YATA states manufacturer was available. manufactured goods used in the project
that it cannot use a standard split SRA is constructing the Union Station are produced in the United States.’’ 49
system unit as an alternative to the Regional Intermodal Transportation U.S.C. 5323(j)(1). A manufactured
ductless split system, because a Center, which includes renovation of product is considered produced in the
standard system is incapable of treating the existing Terminal Building and the United States if: (1) All of the
ventilation air and the required construction of a six story parking manufacturing processes for the product
ductwork cannot be installed in garage. SRA is seeking to procure nine take place in the United States; and (2)
locations that need environmental ductless mini-split air conditioners for all of the components of the product are
control. Therefore, no domestic the construction project. Each building of U.S. origin. A component is
manufacturer exists that would satisfy within the transportation center will considered of U.S. origin if it is
YATA’s project needs. have its own HVAC system. SRA states manufactured in the United States,
KWT is completing construction of its that it is necessary to install ductless regardless of the origin of its
City of Key West Public Transportation mini-split air conditioners in each subcomponents. 49 CFR 661.5(d). If,
Facility, which is a U.S. Green Building individual room in order to maintain however, FTA determines that ‘‘the
Council LEED project and includes environs in each room. The air steel, iron, and goods produced in the
many sustainable and efficient conditioners will be independent of United States are not produced in a
elements, including that of the HVAC other heating and cooling systems and sufficient and reasonably available
system. The project consists of an will be backed up by a generator. amount or are not of a satisfactory
18,300 square foot bus operations and Initially, SRA’s contractor thought that quality,’’ then FTA may issue a waiver
maintenance building, a 2,100 square Trane’s product was Buy America- (non-availability waiver). 49 U.S.C.
foot bus wash building, fueling station, compliant. Subsequently, however, 5323(j)(2)(B); 49 CFR 661.7(c).
and parking facilities. The facility will Trane notified SRA that its product was The purpose of this Notice is to
serve as the City’s transportation mislabeled and is actually foreign-made. publish IPTC’s, YATA’s, KWT’s, and
operations center and will provide SRA also contacted 8 other companies SRA’s requests and to seek public
maintenance, repair, cleaning, and bus who manufacture ductless mini-split air comment from all interested parties in
parking facilities. The front portion of conditioners, although none of these accordance with 49 U.S.C. 5323(j)(3)(A).
the main building includes offices for companies manufacturer the product Comments will help FTA understand
administration and operations, while domestically. As a result, SRA is completely the facts surrounding the
the rear portion provides space for bus seeking a non-availability waiver for the requests, including the merits of the
maintenance, repairs and cleaning, parts ductless mini-split air conditioners as
requests. A full copy of the request has
storage and technician amenities. there is no domestic manufacturer.
been placed in docket number FTA–
According to KWT’s waiver request, FTA also conducted a scouting search
the HVAC system is Buy America- for ductless air conditioning systems 2016–0004.
compliant, with the exception of the through its Interagency Agreement with Issued on March 16, 2016.
VRF mechanical system which will be the U.S. Department of Commerce’s Dana Nifosi,
placed in three of the electrical, National Institute of Standards and Deputy Chief Counsel.
mechanical, and server rooms in the Technology (NIST). The scouting search [FR Doc. 2016–06416 Filed 3–21–16; 8:45 am]
new facility. KWT states that these identified two domestic manufacturers BILLING CODE 4910–57–P
rooms must be able to function as potential matches for this
separately from the main operations opportunity: Kentuckiana Curb
building. KWT also is building this Company/KCC International in DEPARTMENT OF TRANSPORTATION
facility to be LEED silver certified and Louisville, Kentucky and Climate
the energy-efficient VRF system will Conditioning Company, Inc./Liebert Federal Transit Administration
help KWT attain this certification. The also in Louisville, Kentucky. The
[Docket No. FTA–2016–0002]
VRF system sought will also better manufacturers identified either produce
accommodate spatial constraints since similar products to the ductless air Notice of Proposed Buy America
the new facility is surrounded by a conditioning systems, possess the Waiver for a Radio Communications
landfill, school bus parking lot, and capabilities to produce ductless air System
other construction projects. It is also conditioning systems, have produced an
located in a highly-trafficked area, item similar to ductless air conditioning AGENCY: Federal Transit Administration,
which limits the footprint of the project. systems in the past, or have expressed DOT.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Unlike other HVAC systems, the a business interest in producing ACTION: Notice of proposed Buy America
ductless mini-split system will be able ductless air conditioning systems. Upon waiver and request for comment.
to fit into the available space. request from FTA, IPTC and YATA
KWT is installing a Carrier ductless reached out to these potential domestic SUMMARY: The Federal Transit
mini-split system in the facility. Before suppliers. However, neither company Administration (FTA) received a request
selecting this system, KWT conducted manufactures the specific mini-split air for a waiver to permit the use of FTA
extensive research and reached out to conditioning systems sought and as funding to purchase a radio
domestic manufacturers, however, KWT described in this Notice. As such, IPTC communication system that is non-
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![Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices 15411
compliant with the Buy America Federal Register published April 11, (‘‘Tait’’) expressed interest in the project
requirements. The request is from the 2000 (65 FR 19477), or you may visit but noted that it is headquartered in
Kansas City Area Transportation http://www.regulations.gov. New Zealand and that a majority of the
Authority (KCATA). KCATA is in the FOR FURTHER INFORMATION CONTACT: products would be assembled in New
process of updating its current analog Laura Ames, FTA Attorney-Advisor, at Zealand, making them non-compliant
system with a digital voice system, (202) 366–2743 or laura.ames@dot.gov. with Buy America. Under 49 CFR
compatible with its operating system. SUPPLEMENTARY INFORMATION: The 661.7(c)(1), ‘‘It will be presumed that
KCATA also plans to enter into a tri- purpose of this notice is to provide the conditions exist to grant this non-
party agreement with the City of Kansas notice and seek comment on whether availability waiver if no responsive and
City, Missouri, and the Kansas City the FTA should grant a non-availability responsible bid is received offering an
Streetcar Authority (KCSA) to install the waiver for KCATA’s purchase of a new item produced in the United States.’’
radio system into the new streetcars. radio communication system. The new Since receiving the Tait proposal,
The new radio system will increase radio system will replace KCATA’s KCATA has not been able to identify
KCATA’s systems capacity and allow analog system, increase its systems any companies in the United States that
KCSA to have a dedicated talk group on capacity and allow KCSA to have a can meet the Buy America requirements
KCATA’s system. In accordance with 49 dedicated talk group on KCATA’s for its project.
U.S.C. 5323(j)(3)(A), FTA is providing system. FTA also conducted a scouting search
notice of the waiver request and seeks With certain exceptions, FTA’s Buy for comparable radio system through its
public comment before deciding America requirements prevent FTA Interagency Agreement with the U.S.
whether to grant the request. If granted, from obligating an amount that may be Department of Commerce’s National
the waiver only would apply to a one- appropriated to carry out its program for Institute of Standards and Technology
time FTA-funded procurement by a project unless ‘‘the steel, iron, and (NIST). The scouting search identified
KCATA. manufactured goods used in the project no domestic manufacturers as matches
DATES: Comments must be received by are produced in the United States.’’ 49 for this opportunity. The scouting
March 29, 2016. Late-filed comments U.S.C. 5323(j)(1). A manufactured search identified one domestic
will be considered to the extent product is considered produced in the manufacturer as a partial match, but that
practicable. United States if: (1) All of the manufacturer does not currently
manufacturing processes for the product manufacture a comparable radio system.
ADDRESSES: Please submit your
take place in the United States; and (2) As such, KCATA is pursuing its non-
comments by one of the following availability waiver applications.
means, identifying your submissions by all of the components of the product are
of U.S. origin. A component is The purpose of this notice is to
docket number FTA–2016–0002: publish KCATA’s request and seek
1. Web site: http:// considered of U.S. origin if it is
manufactured in the United States, public comment from all interested
www.regulations.gov. Follow the
regardless of the origin of its parties in accordance with 49 U.S.C.
instructions for submitting comments
subcomponents. 49 CFR 661.5(d). If, 5323(j)(3)(A). Comments will help FTA
on the U.S. Government electronic
however, FTA determines that ‘‘the understand completely the facts
docket site.
2. Fax: (202) 493–2251. steel, iron, and goods produced in the surrounding the request, including the
3. Mail: U.S. Department of United States are not produced in a effects of a potential waiver and the
Transportation, 1200 New Jersey sufficient and reasonably available merits of the request. A full copy of the
Avenue SE., Docket Operations, M–30, amount or are not of a satisfactory request has been placed in docket
West Building, Ground Floor, Room quality,’’ then FTA may issue a waiver number FTA–2016–0002.
W12–140, Washington, DC 20590–0001. (non-availability waiver). 49 U.S.C. Dana Nifosi,
4. Hand Delivery: U.S. Department of 5323(j)(2)(B); 49 CFR 661.7(c). Deputy Chief Counsel.
Transportation, 1200 New Jersey KCATA is a provider for public
[FR Doc. 2016–06376 Filed 3–21–16; 8:45 am]
Avenue SE., Docket Operations, M–30, transportation services for Kansas City,
BILLING CODE 4910–57–P
West Building, Ground Floor, Room Missouri. KCATA provides service to
W12–140, Washington, DC 20590–0001 the entire Kansas City metropolitan
between 9 a.m. and 5 p.m., Monday area, operating in seven counties. DEPARTMENT OF TRANSPORTATION
through Friday, except Federal holidays. KCATA’s current radio system was
Instructions: All submissions must purchased in 2002 and fully activated in Federal Transit Administration
make reference to the ‘‘Federal Transit 2005. The radio system is analog and
Administration’’ and include docket operates on two separate channels. It [Docket No. FTA–2016–0003]
number FTA–2016–0002. Due to the has limited growth capabilities, issues Notice of Proposed Buy America
security procedures in effect since with ‘‘talk over,’’ inaccessible voice Waiver for a Fall Arrest System
October 2011, mail received through the connections, and after ten (10) years the
U.S. Postal Service may be subject to maintenance costs are rising. KCATA is AGENCY: Federal Transit Administration,
delays. Parties making submissions in the process of upgrading its radio DOT.
responsive to this notice should system. ACTION: Notice of Proposed Buy America
consider using an express mail firm to As part of its plan to upgrade the waiver and request for comment.
ensure the prompt filing of any radio system, KCATA issued a Request
asabaliauskas on DSK3SPTVN1PROD with NOTICES
submissions not filed electronically or for Proposals (RFP) seeking a ‘‘turnkey SUMMARY: The Federal Transit
by hand. Note that all submissions project that includes a DMR Tier III Administration (FTA) received a request
received, including any personal Trunked UHF Voice radio system, full from the Indianapolis Public
information therein, will be posted integration of the radio system with the Transportation Corporation (IPTC) for a
without change or alteration to http:// Trapeze TransitMaster CAD/AVL Buy America non-availability waiver for
www.regulations.gov. For more system, and extended maintenance and the procurement of a Horizontal Lifeline
information, you may review DOT’s support.’’ KCATA only received on Fall Protection Maintenance Tie Back
complete Privacy Act Statement in the response to the RFP. Tait North America System (System). IPTC is constructing a
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Document Created: 2018-02-02 15:15:35
Document Modified: 2018-02-02 15:15:35
| 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 15410 |
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