81 FR 23075 - Notice of Buy America Waiver for Steel Excavator With a Continuous Wield Platform
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 75 (April 19, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 75 (April 19, 2016)
| Page Range | 23075-23076 | |
| FR Document | 2016-08978 |
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)] [Notices] [Pages 23075-23076] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08978] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0006] Notice of Buy America Waiver for Steel Excavator With a Continuous Wield Platform AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America waiver. ----------------------------------------------------------------------- SUMMARY: In response to the request of Metro North Railroad (MNR) for a Buy America non-availability waiver for the procurement of a steel excavator with a continuous wield platform (CWP), the Federal Transit Administration (FTA) hereby waives its Buy America requirements, finding that the materials for which the waiver is requested are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality. This waiver is limited to a single procurement by MNR for the CWP. DATES: This waiver is effective immediately. 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 announce that FTA has granted a Buy America non-availability waiver for MNR for the procurement of a steel excavator with a CWP, under 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c). 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). Under 49 U.S.C. 5323(j)(2)(C), rolling stock must contain more than 60 percent domestic content and final assembly must occur in the U.S. The CWP is subject to the rolling stock requirements. 49 CFR 661.3. MNR operates commuter rail service spanning 787 track miles. MRN 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 [[Page 23076]] available to expedite service restoration and was provided funding to purchase such equipment from FTA through the emergency relief funds allocated for Superstorm Sandy. A CWP is a support vehicle train which consists of several platforms 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 an 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 for which the MNR uses the CWP 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. On February 5, 2015, BRRI, a Canadian firm, 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. MNR did extensive follow-up after receiving only one bid, including contacting seven vendors who did not submit bids and undertaking research to determine whether a CWP that met both the domestic content and the final assembly requirements of Buy America was available. One company that did not submit a bid stated that although it could meet the Buy America requirements, it was not interested in bidding on the project at this time. Accordingly, MNR requested a non-availability waiver of the Buy America requirements for final assembly pursuant to 49 U.S.C. 5323 (j)(2)(B). On March 22, 2016, and in accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice in the Federal Register announcing the MNR Buy America waiver request (81 FR 15407), seeking comment from all interested parties, including potential vendors and suppliers. The comment period closed on March 29, 2016, and no comments were received. Based on the representations from MNR and the lack of any comments, FTA is granting a non-availability waiver for final assembly only of the CWP. This waiver is limited to the final assembly requirement for a single procurement of the CWP described above by MNR. Issued on April 14, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016-08978 Filed 4-18-16; 8:45 am] BILLING CODE 4910-57-P
![Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices 23075
procurement of a Horizontal Lifeline Bros. Building Group (WBBG) in early DEPARTMENT OF TRANSPORTATION
Fall Protection Maintenance Tie Back September 2014 for the construction of
System (System), the Federal Transit the DTC. WBBG certified in good faith Federal Transit Administration
Administration (FTA) hereby waives its that it would comply with Buy America. [Docket No. FTA–2016–0006]
Buy America requirements, finding that As part of the project, IPTC issued an
the materials for which the waiver is RFP for the complete design, supply, Notice of Buy America Waiver for Steel
requested are not produced in the and installation of a fall protection Excavator With a Continuous Wield
United States in sufficient and maintenance tie-back system to Platform
reasonably available quantities and of safeguard personnel to include all cable,
satisfactory quality. This waiver is AGENCY: Federal Transit Administration,
intermediate brackets, end terminations, DOT.
limited to a single procurement by IPTC and modifications of structural steel as
for the System. ACTION: Notice of Buy America waiver.
required for supplementary support of
DATES: This waiver is effective stanchions, user equipment, and SUMMARY: In response to the request of
immediately. attachment to roof structure for a Metro North Railroad (MNR) for a Buy
FOR FURTHER INFORMATION CONTACT: complete and working fall protection America non-availability waiver for the
Laura Ames, FTA Attorney-Advisor, at maintenance tie-back system. procurement of a steel excavator with a
(202) 366–2743 or Laura.Ames@dot.gov. Two firms, American Anchor and Pro- continuous wield platform (CWP), the
SUPPLEMENTARY INFORMATION: The Bel Group, responded to the RFP, but Federal Transit Administration (FTA)
purpose of this notice is to announce did not certify compliance with the Buy hereby waives its Buy America
that FTA has granted a Buy America America regulations. The cables and requirements, finding that the materials
non-availability waiver for IPTC for the tensioning system are not manufactured for which the waiver is requested are
procurement of a Horizontal Lifeline domestically for Pro-Bel. The hands-free not produced in the United States in
Fall Protection Maintenance Tie Back sufficient and reasonably available
set ups are not manufactured
System under 49 U.S.C. 5323(j)(2)(B) quantities and of satisfactory quality.
domestically for American Anchor.
and 49 CFR 661.7(c). This waiver is limited to a single
With certain exceptions, FTA’s Buy IPTC submitted a waiver request based
on non-availability under 49 CFR procurement by MNR for the CWP.
America requirements prevent FTA DATES: This waiver is effective
from obligating an amount that may be 661.7(c). FTA also conducted a scouting
search for the fall arrest system through immediately.
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and its Interagency Agreement with the U.S. FOR FURTHER INFORMATION CONTACT:
manufactured goods used in the project Department of Commerce’s National Laura Ames, FTA Attorney-Advisor, at
are produced in the United States.’’ 49 Institute of Standards and Technology (202) 366–2743 or laura.ames@dot.gov.
U.S.C. 5323(j)(1). A manufactured (NIST). The scouting search did not SUPPLEMENTARY INFORMATION: The
product is considered produced in the identify a domestic manufacturer of a purpose of this notice is to announce
United States if: (1) All of the system that met IPTC’s specifications. that FTA has granted a Buy America
manufacturing processes for the product On Tuesday March 22, 2016, and in non-availability waiver for MNR for the
take place in the United States; and (2) accordance with 49 U.S.C. 5323(j)(3)(A), procurement of a steel excavator with a
all of the components of the product are FTA published a notice in the Federal CWP, under 49 U.S.C. 5323(j)(2)(B) and
of U.S. origin. A component is Register announcing the Buy America 49 CFR 661.7(c).
considered of U.S. origin if it is waiver request (81 FR 15411), seeking With certain exceptions, FTA’s Buy
manufactured in the United States, comment from all interested parties, America requirements prevent FTA
regardless of the origin of its including potential vendors and from obligating an amount that may be
subcomponents. 49 CFR 661.5(d). If, suppliers. The comment period closed appropriated to carry out its program for
however, FTA determines that ‘‘the on March 29, 2016, and no comments a project unless ‘‘the steel, iron, and
steel, iron, and goods produced in the were received. manufactured goods used in the project
United States are not produced in a are produced in the United States.’’ 49
sufficient and reasonably available Therefore, based on the information U.S.C. 5323(j)(1). Under 49 U.S.C.
amount or are not of a satisfactory supplied in support of IPTC’s request 5323(j)(2)(C), rolling stock must contain
quality,’’ then FTA may issue a non- for a Buy America waiver for the more than 60 percent domestic content
availability waiver. 49 U.S.C. System, including NIST’s inability to and final assembly must occur in the
5323(j)(2)(B); 49 CFR 661.7(c). ‘‘It will locate a domestic manufacturer that U.S. The CWP is subject to the rolling
be presumed that the conditions exist to currently produces a similar system and stock requirements. 49 CFR 661.3.
grant this non-availability waiver if no the lack of any comments, FTA hereby MNR operates commuter rail service
responsive and responsible bid is waives its Buy America requirements spanning 787 track miles. MRN has a
received offering an item produced in for the Horizontal Lifeline Fall large length of track along the shore line
the United States.’’ 49 CFR 661.7(c)(1). Protection Maintenance Tie Back and flooding along the line can occur
IPTC is constructing a Downtown System on the grounds that the regularly at many of these locations. The
Transit Center (DTC) in Indianapolis, manufactured product is not available risk of flooding can be reduced by
Indiana, that will serve as the hub for in the U.S. This waiver is limited to a keeping drainage infrastructure clear of
public transit. It will include a large single procurement for the Horizontal debris. Specialized equipment such as
Lifeline Fall Protection Maintenance Tie
mstockstill on DSK4VPTVN1PROD with NOTICES
indoor public waiting area and bus bays the CWP can quickly clear the right of
while serving pedestrians, cyclists, and Back System by IPTC. way after storms enabling the
bus riders. Per Occupational Safety and Issued on April 14, 2016. resumption of passenger train service.
Health Administration (OSHA) After Hurricane Sandy, MNR leased a
Dana Nifosi,
regulations, IPTC is required to provide CWP, but given limited availability, as
fall protection for employees performing Deputy Chief Counsel. well as the higher cost of leasing, MNR
maintenance on the new building. IPTC [FR Doc. 2016–08990 Filed 4–18–16; 8:45 am] believes that purchase of the CWP is
entered into a contract with Weddle BILLING CODE 4910–57–P necessary to ensure that it will be
VerDate Sep<11>2014 18:02 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1](https://thefederalregister.org/doc/81_FR_23150/page/1.svg)
![23076 Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices
available to expedite service restoration DEPARTMENT OF TRANSPORTATION City, Missouri, metropolitan area,
and was provided funding to purchase operating in seven counties. KCATA’s
such equipment from FTA through the Federal Transit Administration current radio system was purchased in
emergency relief funds allocated for [Docket No. FTA–2016–0002] 2002 and fully activated in 2005. The
Superstorm Sandy. radio system is analog and operates on
A CWP is a support vehicle train Notice of Buy America Waiver for a two separate channels. It has limited
which consists of several platforms Radio Communications System growth capabilities, issues with ‘‘talk
suitable for holding/hauling and picking over,’’ inaccessible voice connections,
up or distributing a variety of materials, AGENCY: Federal Transit Administration, and escalating maintenance costs.
such as rocks, riprap, dirt or debris. The DOT. KCATA is in the process of upgrading
equipment is similar to an excavator ACTION: Notice of Buy America waiver. its radio system.
which has an articulated arm, with the As part of its plan to upgrade the
SUMMARY: In response to the request of radio system, KCATA issued a Request
main difference being that it rides on the Kansas City Area Transportation
rails and sits on a connected platform for Proposals (RFP) on December 16,
Authority (KCATA) for a Buy America 2014, seeking a ‘‘turnkey project that
where it can dump or pick up material waiver for a DMR Tier III Trunked UHF
from in order to perform its functions. includes a DMR Tier III Trunked UHF
Voice radio system that is compatible Voice radio system, full integration of
The main tasks for which the MNR uses with its current system, the Federal
the CWP is shoreline stabilization/ the radio system with the Trapeze
Transit Administration (FTA) hereby TransitMaster CAD/AVL system, and
restoration and for removing debris from waives its Buy America requirements
the right-of-way after storms. extended maintenance and support.’’
finding that the materials for which a KCATA only received one response to
MNR prepared and advertised a waiver is requested are not produced in the RFP. Tait North America (Tait)
solicitation for the CWP on January 9, the United States in sufficient and expressed interest in the project but
2015. On February 5, 2015, BRRI, a reasonably available quantities and of a noted that it is headquartered in New
Canadian firm, submitted a Certificate of satisfactory quality. This waiver is Zealand and that a majority of the
Non-Compliance because the final limited to a single procurement by products supplied for the project would
assembly of the equipment would take KCATA for the DMR Tier III Trunked be assembled in New Zealand, making
place in Canada, although content of the UHF Voice radio system. them non-compliant with Buy America.
material used would be 77% domestic Neither KCATA nor FTA has
DATES: This waiver is effective
origin. identified any companies in the United
immediately.
MNR did extensive follow-up after States that can meet the Buy America
receiving only one bid, including FOR FURTHER INFORMATION CONTACT:
requirements for this project. FTA also
contacting seven vendors who did not Laura Ames, FTA Attorney-Advisor, at conducted a scouting search for a U.S.
submit bids and undertaking research to (202) 366–2743 or laura.ames@dot.gov. manufacturer of a comparable radio
determine whether a CWP that met both SUPPLEMENTARY INFORMATION: The system through its Interagency
the domestic content and the final purpose of this notice is to announce Agreement with the U.S. Department of
assembly requirements of Buy America that FTA has granted a Buy America Commerce’s National Institute of
was available. One company that did non-availability waiver for KCATA’s Standards and Technology (NIST). The
not submit a bid stated that although it procurement of a DMR Tier III Trunked scouting search did not result in
could meet the Buy America UHF radio system under 49 U.S.C. identifying any domestic manufacturers
requirements, it was not interested in 5323(j)(2)(B) and 49 CFR 661.7(c). who could provide the equipment
bidding on the project at this time. With certain exceptions, FTA’s Buy required by KCATA.
Accordingly, MNR requested a non- America requirements prevent FTA On Wednesday, March 22, 2016, and
availability waiver of the Buy America from obligating an amount that may be in accordance with 49 U.S.C.
requirements for final assembly appropriated to carry out its program for 5323(j)(3)(A), FTA published a notice in
pursuant to 49 U.S.C. 5323 (j)(2)(B). a project unless ‘‘the steel, iron, and the Federal Register (81 FR 15410)
On March 22, 2016, and in manufactured goods used in the project requesting public comment on, among
accordance with 49 U.S.C. 5323(j)(3)(A), are produced in the United States.’’ 49 other topics, the merits of KCATA’s
FTA published a notice in the Federal U.S.C. 5323(j)(1). A manufactured waiver request and potential effects of
Register announcing the MNR Buy product is considered produced in the granting the waiver. The public
America waiver request (81 FR 15407), United States if: (1) All of the comment period closed on March 29,
seeking comment from all interested manufacturing processes for the product 2016. FTA received only once comment.
parties, including potential vendors and take place in the United States; and (2) Selex ES, a subsidiary of an Italian
suppliers. The comment period closed all of the components of the product are company with its North America
on March 29, 2016, and no comments of U.S. origin. A component is headquarters in Overland Park, Kansas,
were received. Based on the considered of U.S. origin if it is commented that although it did not
representations from MNR and the lack manufactured in the United States, submit a proposal to KCATA’s RFP, it
of any comments, FTA is granting a regardless of the origin of its can supply a DMR Tier III Trunked
non-availability waiver for final subcomponents. 49 CFR 661.5(d). If, Radio Systems similar to the system
assembly only of the CWP. This waiver however, FTA determines that ‘‘the proposed by Tait, arguing that Selex ES
is limited to the final assembly steel, iron, and goods produced in the is a ‘‘local’’ option for KCATA.
mstockstill on DSK4VPTVN1PROD with NOTICES
requirement for a single procurement of United States are not produced in a Although Selex ES markets, designs,
the CWP described above by MNR. sufficient and reasonably available stages, ships, and services DMR Tier III
amount or are not of a satisfactory Trunked Radio Systems and is based in
Issued on April 14, 2016. Kansas, Selex ES does not provide a
quality,’’ then FTA may issue a non-
Dana Nifosi, availability waiver. 49 U.S.C. system that is compliant with FTA’s
Deputy Chief Counsel. 5323(j)(2)(B); 49 CFR 661.7(c). Buy America requirement for
[FR Doc. 2016–08978 Filed 4–18–16; 8:45 am] KCATA provides public manufactured goods. As noted above,
BILLING CODE 4910–57–P transportation services in the Kansas Buy America applies to manufactured
VerDate Sep<11>2014 18:02 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1](https://thefederalregister.org/doc/81_FR_23150/page/2.svg)
Document Created: 2016-04-19 00:15:49
Document Modified: 2016-04-19 00:15:49
| 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 Buy America waiver. | |
| Dates | This waiver is effective immediately. | |
| Contact | Laura Ames, FTA Attorney-Advisor, at (202) 366-2743 or [email protected] | |
| FR Citation | 81 FR 23075 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR