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)

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 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.

[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]


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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.

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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