81 FR 23077 - Notice of Buy America Waiver for Special Trackwork Turnout Switch Components.

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 75 (April 19, 2016)

Page Range		23077-23077
FR Document		2016-08988

In response to the request of the Detroit Transportation Corporation (DTC) for a Buy America non-availability waiver for the procurement of two special trackwork turnout switch components (switch), 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 the procurement by DTC for the switch.

Federal Register, Volume 81 Issue 75 (Tuesday, April 19, 2016)

[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Page 23077]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08988]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0005]


Notice of Buy America Waiver for Special Trackwork Turnout Switch 
Components.

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America waiver.

-----------------------------------------------------------------------

SUMMARY: In response to the request of the Detroit Transportation 
Corporation (DTC) for a Buy America non-availability waiver for the 
procurement of two special trackwork turnout switch components 
(switch), 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 the procurement by DTC for the switch.

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 DTC for 
the procurement of the switch, 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). 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 non-availability waiver. 
49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). ``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.'' 49 CFR 661.7(c)(1).
    DTC is the owner and operator of the Detroit People Mover, which is 
the largest municipal rail system in Michigan. It is a fully automated 
light rail system that operates twelve rail cars between thirteen 
passenger stations on an elevated single track in a 2.9 mile loop in 
Detroit's central business district. In March 2015, DTC solicited bids 
to procure special trackwork switch point for Turnout 3, which is 
located adjacent to the Maintenance Facility Building and provides 
access to the building. The special trackwork of concern was originally 
procured from Germany (by Krupp Stahl AG) and is of European standards, 
using AREMA 115RE rail throughout the turnout with special 60E1A1 
(formerly Zu-160) track point section. The project includes replacing 
stock rails that connect the switch point section to the original 
running rails, as well as rubber pads; both the rails and pads will be 
sourced domestically. The waiver only applies to the switch component 
of the project.
    DTC issued the first RFP in March 2015 to thirteen companies. DTC 
received no responses. It contacted all the companies, and reissued the 
RFP in May 2015 to six firms that expressed an interest in the project. 
From this RFP, DTC only received one proposal, from Delta Railroad 
Construction, Inc. (Delta). Delta, however, cannot comply with Buy 
America requirements because the only manufacturer of the switch is a 
German company. To change the manufacturer, Delta would need to re-
engineer the switch and modify the ``frog'' section and guideway 
elements; this design would need to be certified. Delta would then need 
to locate a domestic source to manufacture the re-engineered switch. 
Upon installation, the proprietary software designer of the automated 
control train system would need to certify the switch's performance in 
order to ensure it could be safely used with the existing guideway 
switch machines.
    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 DTC Buy 
America waiver request (81 FR 15406), 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 of DTC and the lack of any comments, 
FTA is granting a non-availability waiver for the procurement of the 
switch described above, on the grounds that the manufactured product is 
not available in the U.S. This waiver is limited to a single 
procurement of the switch described above by DTC.

    Issued on April 14, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-08988 Filed 4-18-16; 8:45 am]
 BILLING CODE 4910-57-P

Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices 23077

goods, not services. Additionally, Selex non-availability waiver for DTC for the Delta, however, cannot comply with
ES did not participate in the initial RFP procurement of the switch, under 49 Buy America requirements because the
offered by KCATA. If Selex ES had bid U.S.C. 5323(j)(2)(B) and 49 CFR only manufacturer of the switch is a
on KCATA’s RFP it too would have 661.7(c). German company. To change the
needed a non-availability waiver of the With certain exceptions, FTA’s Buy manufacturer, Delta would need to re-
Buy America requirements. America requirements prevent FTA engineer the switch and modify the
Therefore, based on the information from obligating an amount that may be ‘‘frog’’ section and guideway elements;
supplied in support of KCATA’s request appropriated to carry out its program for this design would need to be certified.
for a Buy America waiver for the DMR a project unless ‘‘the steel, iron, and Delta would then need to locate a
Tier III Trunked UHF Voice radio manufactured goods used in the project domestic source to manufacture the re-
system that is compatible with its are produced in the United States.’’ 49 engineered switch. Upon installation,
current system, including NIST’s U.S.C. 5323(j)(1). A manufactured the proprietary software designer of the
inability to locate a domestic product is considered produced in the automated control train system would
manufacturer that currently produces a United States if: (1) All of the need to certify the switch’s performance
similar system and that no other entity manufacturing processes for the product in order to ensure it could be safely
was able to establish that it makes a Buy take place in the United States; and (2) used with the existing guideway switch
America complaint system, FTA hereby all of the components of the product are machines.
waives its Buy America requirements of U.S. origin. A component is On March 22, 2016, and in
for the DMR Tier III Trunked UHF Voice considered of U.S. origin if it is accordance with 49 U.S.C. 5323(j)(3)(A),
radio system on the grounds that the manufactured in the United States, FTA published a notice in the Federal
manufactured product is not available regardless of the origin of its Register announcing the DTC Buy
in the U.S. This waiver is limited to a subcomponents. 49 CFR 661.5(d). If, America waiver request (81 FR 15406),
single procurement for the DMR Tier III however, FTA determines that ‘‘the seeking comment from all interested
Trunked UHF Voice radio system by steel, iron, and goods produced in the parties, including potential vendors and
KCATA. United States are not produced in a suppliers. The comment period closed
sufficient and reasonably available on March 29, 2016, and no comments
Issued on April 14, 2016.
amount or are not of a satisfactory were received.
Dana Nifosi, quality,’’ then FTA may issue a non-
Deputy Chief Counsel. Based on the representations of DTC
availability waiver. 49 U.S.C. and the lack of any comments, FTA is
[FR Doc. 2016–08989 Filed 4–18–16; 8:45 am] 5323(j)(2)(B); 49 CFR 661.7(c). ‘‘It will granting a non-availability waiver for
BILLING CODE 4910–57–P be presumed that the conditions exist to the procurement of the switch described
grant this non-availability waiver if no above, on the grounds that the
responsive and responsible bid is manufactured product is not available
DEPARTMENT OF TRANSPORTATION received offering an item produced in in the U.S. This waiver is limited to a
the United States.’’ 49 CFR 661.7(c)(1). single procurement of the switch
Federal Transit Administration DTC is the owner and operator of the
described above by DTC.
[Docket No. FTA–2016–0005] Detroit People Mover, which is the
largest municipal rail system in Issued on April 14, 2016.
Notice of Buy America Waiver for Michigan. It is a fully automated light Dana Nifosi,
Special Trackwork Turnout Switch rail system that operates twelve rail cars Deputy Chief Counsel.
Components. between thirteen passenger stations on [FR Doc. 2016–08988 Filed 4–18–16; 8:45 am]
AGENCY: Federal Transit Administration, an elevated single track in a 2.9 mile BILLING CODE 4910–57–P
DOT. loop in Detroit’s central business
district. In March 2015, DTC solicited
ACTION: Notice of Buy America waiver. bids to procure special trackwork switch DEPARTMENT OF TRANSPORTATION
SUMMARY: In response to the request of point for Turnout 3, which is located
the Detroit Transportation Corporation adjacent to the Maintenance Facility Federal Transit Administration
(DTC) for a Buy America non- Building and provides access to the
[Docket No. FTA–2016–0004]
availability waiver for the procurement building. The special trackwork of
of two special trackwork turnout switch concern was originally procured from Notice of Buy America Waiver for
components (switch), the Federal Germany (by Krupp Stahl AG) and is of Ductless Mini-Split Air Conditioning
Transit Administration (FTA) hereby European standards, using AREMA Systems
waives its Buy America requirements, 115RE rail throughout the turnout with
finding that the materials for which the special 60E1A1 (formerly Zu-160) track AGENCY: Federal Transit Administration,
waiver is requested are not produced in point section. The project includes DOT.
the United States in sufficient and replacing stock rails that connect the ACTION: Notice of Buy America waiver.
reasonably available quantities and of switch point section to the original
satisfactory quality. This waiver is running rails, as well as rubber pads; SUMMARY: In response to requests
limited to the procurement by DTC for both the rails and pads will be sourced received from the Indianapolis Public
the switch. domestically. The waiver only applies Transportation Corporation (IPTC) for a
to the switch component of the project. Buy America non-availability waiver for
DATES: This waiver is effective
mstockstill on DSK4VPTVN1PROD with NOTICES

DTC issued the first RFP in March the procurement of an inverter-driven
immediately. 2015 to thirteen companies. DTC ductless mini-split system air
FOR FURTHER INFORMATION CONTACT: received no responses. It contacted all conditioner; the York Adams
Laura Ames, FTA Attorney-Advisor, at the companies, and reissued the RFP in Transportation Authority (YATA) for
(202) 366–2743 or Laura.Ames@dot.gov. May 2015 to six firms that expressed an ductless split system air conditioning
SUPPLEMENTARY INFORMATION: The interest in the project. From this RFP, units; the Key West Transit (KWT) for
purpose of this notice is to announce DTC only received one proposal, from a ductless mini-split mechanical system
that FTA has granted a Buy America Delta Railroad Construction, Inc. (Delta). for the City of Key West Public

VerDate Sep<11>2014 18:02 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1

Document Created: 2016-04-19 00:16:07
Document Modified: 2016-04-19 00:16:07

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 23077

81 FR 23077 - Notice of Buy America Waiver for Special Trackwork Turnout Switch Components.

DEPARTMENT OF TRANSPORTATIONFederal Transit Administration

Federal Register Volume 81, Issue 75 (April 19, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration