81 FR 15411 - Notice of Proposed Buy America Waiver for a Fall Arrest 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 | 15411-15413 | |
| FR Document | 2016-06419 |
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)] [Notices] [Pages 15411-15413] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06419] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0003] Notice of Proposed Buy America Waiver for a Fall Arrest 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 from the Indianapolis Public Transportation Corporation (IPTC) for a Buy America non-availability waiver for the procurement of a Horizontal Lifeline Fall Protection Maintenance Tie Back System (System). IPTC is constructing a [[Page 15412]] new Downtown Transit Center, and according to the Occupational Safety and Health Administration regulations, must provide fall protection for employees performing maintenance on the building. IPTC seeks a waiver for the system because there are no domestic manufacturers of the system that meet the Buy America requirements. 49 U.S.C. 5323(j)(2) and 49 CFR 661.7(c)(2). IPTC issued a request for proposals (RFPs) for procurement of the system, and two firms were identified and showed an interest in providing the system. Neither firm, however, was Buy America-complaint. 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 fall arrest system 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-2016-0003: 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-2016-00XX. 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 Buy America non-availability waiver for the Indianapolis Public Transportation Corporation (IPTC) for the procurement of a Horizontal Lifeline Fall Protection Maintenance Tie Back System (the ``System''). On June 2, 2015, IPTC requested a Buy America waiver for the System 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). IPTC is constructing a new Downtown Transit Center (DTC) in Indianapolis, Indiana that will serve as the hub for public transit. It will include a large indoor public waiting area and bus bays while serving pedestrians, cyclists, and bus riders. Per Occupational Safety and Health Administration (OSHA) regulations, IPTC has a duty to provide fall protection for employees performing maintenance on the new building. IPTC entered into a contract with Weddle Bros. Building Group (WBBG) in early September 2014 for the construction of the DTC. WBBG certified in good faith that it would comply with Buy America. As part of the project, IPTC issued an RFP for the complete design, supply and installation of a fall protection maintenance tie-back system to safeguard personnel to include all cable, intermediate brackets, end terminations, and modifications of structural steel as required for supplementary support of stanchions, user equipment, and attachment to roof structure for a complete and working fall protection maintenance tie-back system. It also included experience criteria for the professional engineer designing the system and a firm that has manufactured at least five (5) similar systems with specific liability insurance policies. The two firms that responded to the RFP were American Anchor and Pro-Bel Group. Neither firm was able to certify a system as compliant with the Buy America regulations. The cables and tensioning system are not manufactured domestically for Pro-Bel. The hands-free set ups are not manufactured domestically for American Anchor. IPTC thus requests approval for WBBG to procure a System from Pro-Bel. 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). FTA also conducted a scouting search for the fall arrest system 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: Starr Products in Butler, Pennsylvania. The manufacturer identified has either produced similar products to the fall arrest system, possesses the capabilities to produce a fall arrest system, has produced an item similar to a fall arrest system in the past, or have expressed a business interest in producing a fall arrest system. Upon request from FTA, IPTC reached out to this potential domestic supplier. However, the company does not design or install fall arrest systems as defined in IPTC's project manual. As such, IPTC is pursuing its non-availability waiver application. [[Page 15413]] The purpose of this notice is to publish IPTC'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-2016-0003. Issued on March 16, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016-06419 Filed 3-21-16; 8:45 am] BILLING CODE P
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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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The purpose of this notice is to in the 21st Century Act. Section 31203 1. The kickoff meeting for the Tax
publish IPTC’s request and seek public required NHTSA to provide an Design Challenge will take place at
comment from all interested parties in interpretation of civil penalty factors in 1776, 1133 15th Street NW.,
accordance with 49 U.S.C. 5323(j)(3)(A). 49 U.S.C. 30165 for NHTSA1 to consider Washington, DC 20005.
Comments will help FTA understand in determining the amount of penalty or 2. Challenge submissions must be
completely the facts surrounding the compromise for violations of the submitted electronically at
request, including the merits of the Vehicle Safety Act. Pub. L. 112–141, www.taxdesignchallenge.com.
request. A full copy of the request has § 31203, 126 Stat. 758 (2012). The FOR FURTHER INFORMATION CONTACT:
been placed in docket number FTA– increases in maximum civil penalties in
Christopher Daggett, 503–330–6311 or
2016–0003. Section 24110 of the FAST Act became
Michael Lin, 202–317–6381.
Issued on March 16, 2016. effective the date of the Secretary’s
certification. SUPPLEMENTARY INFORMATION:
Dana Nifosi,
NHTSA issued the final rule required Subject of Challenge Competition
Deputy Chief Counsel. by Section 31203 of MAP–21 on
[FR Doc. 2016–06419 Filed 3–21–16; 8:45 am] February 24, 2016. On March 17, 2016, Tax information is available to
BILLING CODE P the Secretary certified to Congress by taxpayers across multiple IRS channels
letter to the Chairman and Ranking and contains a wealth of information.
Member of the Senate Committee on Many taxpayers, however, might not
DEPARTMENT OF TRANSPORTATION Commerce, Science, and Transportation, know where to find this information or
and to the Chairman and Ranking how to use it, as much of this
Office of the Secretary of information reads like a receipt and can
Member of the House Committee on
Transportation be incomprehensible to those who are
Energy and Commerce that NHTSA had
issued the Final Rule. Therefore, not financial professionals.
Notice of Increase in Civil Penalty for The Challenge asks: How might we
Violations of National Traffic and Motor NHTSA shall enforce the increased
maximum civil penalties for violation of design, organize, and present tax
Vehicle Safety Act information in a way that makes it
the Vehicle Safety Act in 49 U.S.C.
AGENCY: Office of the Secretary of 30165 effective March 17, 2016. easier for taxpayers to manage their
Transportation, Department of taxpayer responsibilities, and to use
Authority: Pub. L. 114–94. their own taxpayer data to make
Transportation.
Issued on: March 17, 2016. informed and effective decisions about
ACTION: Public notice.
Anthony Foxx, their personal finances?
SUMMARY: This notice is to inform the Secretary of Transportation. This is an incredible opportunity for
public that NHTSA has satisfied the [FR Doc. 2016–06433 Filed 3–21–16; 8:45 am] civic-minded technologists, designers,
requirements in the Fixing America’s BILLING CODE 4910–59–P and innovative thinkers to improve and
Surface Transportation Act (FAST Act) shape the user experience of one of the
necessary for increases in the maximum most visited government Web sites in
amount of civil penalties that NHTSA DEPARTMENT OF THE TREASURY the U.S.
may collect for violations of the Challenge entrants will submit a design
National Traffic and Motor Vehicle Internal Revenue Service that
Safety Act (Vehicle Safety Act) to
become effective. Tax Design Challenge; Requirements * Improves the visual layout and
and Procedures style of the information for the taxpayer
DATES: Effective date: The amendments
* Makes it easier for a taxpayer to
to 49 U.S.C 30165(a) authorized by AGENCY: Internal Revenue Service,
manage his/her taxpayer responsibilities
Section 24110(a) of the FAST Act are Treasury. * Empowers a taxpayer to make
effective March 17, 2016. ACTION: Notice. informed and effective decisions about
FOR FURTHER INFORMATION CONTACT: his/her personal finances.
Thomas Healy, Office of the Chief SUMMARY: This Notice announces the
requirements and procedures for the Entrants should consider end users in
Counsel, NHTSA, 1200 New Jersey Ave. developing their design. Our tax system
SE., West Building, W41–211, Tax Design Challenge (‘‘the Challenge).
The Challenge is a crowdsourcing includes people from many different
Washington, DC 20590. Telephone: socioeconomic backgrounds, with
(202) 366–2992 Fax: (202) 366–3820. competition, with cash prizes, that the
IRS is hosting to begin reimagining the different needs and responsibilities.
SUPPLEMENTARY INFORMATION: On The Challenge is an opportunity for
taxpayer experience of the future. The
December 4, 2015, the FAST Act, Public goal of this design challenge is to talented individuals to touch the lives of
Law 114–94, was signed into law. develop new concepts for designing, Americans across the country through
Section 24110 of the FAST Act organizing and presenting tax design. The most innovative designs
increases the maximum civil penalty information in a way that makes it will be showcased in an online gallery.
that NHTSA may collect for each easier for taxpayers to understand their Winning submissions will receive
violation of the Vehicle Safety Act to taxpayer responsibilities and effectively monetary prizes.
$21,000 per violation (currently $7,000) use their own taxpayer data. The IRS enthusiastically supports
and the maximum amount of civil
asabaliauskas on DSK3SPTVN1PROD with NOTICES
DATES: Effective on April 17, 2016.
crowdsourcing competitions, as they
penalties that NHTSA can collect for a have proven to be cost-efficient vehicle
Challenge submission period ends May
related series of violations to $105 for catalyzing innovation in
10, 2016, 11:59 a.m. ET.
million (currently $35 million). In order government.
for these increases to become effective, ADDRESSES:
the Secretary of Transportation must Submission Requirements
1 NHTSA has been delegated the Secretary of
certify to Congress that NHTSA has Transportation’s authority to determine the amount
In order for an entry to be eligible to
issued the final rule required by Section of civil penalty or compromise for violations of the win the Challenge, it must meet the
31203 of the Moving Ahead for Progress Vehicle Safety Act. 49 CFR 1.95. following requirements:
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Document Created: 2018-02-02 15:15:51
Document Modified: 2018-02-02 15:15:51
| 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 15411 |
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