81 FR 40395 - Notice of Intent To Grant a Buy America Waiver to the City of Sacramento, California, Department of Public Works, To Use Marmoleum Flooring
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 81, Issue 119 (June 21, 2016)
Federal Railroad Administration
Federal Register Volume 81, Issue 119 (June 21, 2016)
| Page Range | 40395-40396 | |
| FR Document | 2016-14554 |
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)] [Notices] [Pages 40395-40396] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14554] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2012-0033] Notice of Intent To Grant a Buy America Waiver to the City of Sacramento, California, Department of Public Works, To Use Marmoleum Flooring AGENCY: Federal Railroad Administration (FRA), United States Department of Transportation (DOT). ACTION: Notice of intent to grant Buy America waiver. ----------------------------------------------------------------------- SUMMARY: FRA is issuing this notice to advise the public it intends to grant the City of Sacramento, California, Department of Public Works (Sacramento), a waiver from FRA's Buy America requirement to use Walton Cirrus Original Brown #3665 (Brown Marmoleum), in the Sacramento Valley Station Phase II intermodal project. DATES: Written comments on FRA's determination to grant Sacramento's Buy America waiver request should be provided to the FRA on or before June 28, 2016. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FRA-2012-0033. All electronic submissions must be made to the U.S. Government electronic site at http://www.regulations.gov. Commenters should follow the instructions below for mailed and hand-delivered comments: (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; [[Page 40396]] (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, Room W12-140, Washington, DC 20590-0001; or (4) Hand Delivery: Room W12-140 on the first floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must reference the ``Federal Railroad Administration'' and include docket number FRA-2012-0033. Due to security procedures in effect since October 2001, mail received through the U.S. Postal Service may be subject to delays. Parties submitting responses 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 on April 11, 2000 (65 FR 19477), or visit http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590, (202) 493-0078, [email protected]. SUPPLEMENTARY INFORMATION: FRA provides information on its reasons for granting this waiver in a letter to Sacramento, quoted below: Mr. Gregory Taylor AIA, Supervising Architect/Project Manager City of Sacramento, Department of Public Works 915 I Street Room 2000 Sacramento, CA 95814-2604 Re: Request for Waiver of Buy America Requirement Dear Mr. Taylor: As you are aware, on November 24, 2014, the City of Sacramento, California, Department of Public Works (Sacramento) requested a waiver from the Federal Railroad Administration's (FRA) Buy America requirement (49 U.S.C. 24405(a)) to purchase ``Marmoleum,'' specifically the color Walton Cirrus Original Brown #3665 (Brown Marmoleum), a natural linoleum flooring product made by Forbo Flooring Systems in the Netherlands, for use in the Sacramento Valley Station (SVS) Phase II intermodal project.\1\ The Brown Marmoleum will cover 1,480 sq. ft and costs approximately $4,690. --------------------------------------------------------------------------- \1\ Sacramento also requested a waiver for Sacramento requested a non-availability Buy America waiver for a variable refrigerant flow (VRF) heating, ventilation, and air conditioning (HVAC) system to be installed into SVS. However, FRA chose to bifurcate the waiver requests since the VRF waiver was more advanced in terms of processing and was pivotal to Sacramento. FRA granted a waiver for the VRF system on June 4, 2015. https://www.fra.dot.gov/eLib/Details/L16619. --------------------------------------------------------------------------- The SVS Phase II intermodal project is the rehabilitation of the historic 68,000 square foot train station in downtown Sacramento, California. The $30 million project is partially funded with a $15 million 2012 Transportation Infrastructure Generating Economic Recovery (TIGER) grant. The U.S. Department of Transportation (DOT) selected each project for 2012 TIGER Grant funding based on whether it would, among other things, promote a more environmentally sustainable transportation system. 77 FR 4863, 4867 (January 31, 2012). After rehabilitation, the SVS will include an Amtrak station, commercial retail and office space. To support its waiver request, Sacramento contends that Brown Marmoleum natural linoleum is the only flooring that meets the standards in the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, and Reconstructing Historic Buildings. Specifically, Sacramento asserts that Brown Marmoleum is the only flooring product that sufficiently matches the design, color, and texture of the original historic flooring used in SVS. Forbo does not manufacture Brown Marmoleum in the United States. After comparing flooring samples to the original flooring, California's State Historic Preservation Office and FRA determined Brown Marmoleum is the only product best matching the original linoleum's design, color, and texture. Therefore, FRA is granting Sacramento's waiver request. FRA concludes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for Brown Marmoleum because domestically-produced flooring meeting the specific needs of Sacramento for this application (i.e., historic preservation) is not currently ``produced in sufficient and reasonably available amount or . . . [is] not of a satisfactory quality.'' 49 U.S.C. 24405(a)(2)(B). Pursuant to 49 U.S.C. 24405(a)(4), FRA will publish this letter granting Sacramento's request in the Federal Register and provide notice of such finding and an opportunity for public comment after which this waiver will become effective. Questions about this letter can be directed to, John Johnson, Attorney-Advisor, at [email protected] or (202) 493-0078. Sincerely, Sarah E. Feinberg Administrator Issued in Washington, DC, on June 15, 2016. Amitabha Bose, Chief Counsel. [FR Doc. 2016-14554 Filed 6-20-16; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices 40395
communications and comments Housing Center, National Association of submitted on behalf of an association,
received into any of our dockets by the Home Builders, 1201 15th Street NW., business, labor union, etc.). In
name of the individual submitting the Washington, DC 20005. Interested accordance with 5 U.S.C. 553(c), DOT
comment (or signing the document, if parties are invited to present oral solicits comments from the public to
submitted on behalf of an association, statements at this hearing. For better inform its processes. DOT posts
business, labor union, etc.). In information on facilities or services for these comments, without edit, including
accordance with 5 U.S.C. 553(c), DOT persons with disabilities, or to request any personal information the
solicits comments from the public to special assistance at the hearing, contact commenter provides, to
better inform its processes. DOT posts Mr. Steven Zuiderveen, FRA Railroad www.regulations.gov, as described in
these comments, without edit, including Safety Specialist, by telephone, email, the system of records notice (DOT/ALL–
any personal information the or in writing, at least 5 business days 14 FDMS), which can be reviewed at
commenter provides, to before the date of the hearing. Mr. www.dot.gov/privacy. See also http://
www.regulations.gov, as described in Zuiderveen’s contact information is as www.regulations.gov/#!privacyNotice
the system of records notice (DOT/ALL– follows: FRA, Office of Railroad Safety, for the privacy notice of regulations.gov.
14 FDMS), which can be reviewed at Mail Stop 25, 1200 New Jersey Avenue
SE., Washington, DC 20590; (202) 493– Robert C. Lauby,
www.dot.gov/privacy. See also http://
www.regulations.gov/#!privacyNotice 6337; Steven.Zuiderveen@dot.gov. The Associate Administrator for Railroad Safety,
informal hearing will be conducted by Chief Safety Officer.
for the privacy notice of regulations.gov.
a representative designated by FRA in [FR Doc. 2016–14534 Filed 6–20–16; 8:45 am]
Robert C. Lauby, accordance with FRA’s Rules of Practice BILLING CODE 4910–06–P
Associate Administrator for Railroad Safety, (see specifically 49 CFR 211.25). FRA’s
Chief Safety Officer. representative will make an opening
[FR Doc. 2016–14533 Filed 6–20–16; 8:45 am] statement outlining the scope of the DEPARTMENT OF TRANSPORTATION
BILLING CODE 4910–06–P hearing, as well as any additional
procedures for the conduct of the Federal Railroad Administration
hearing. The hearing will be a non- [Docket No. FRA–2012–0033]
DEPARTMENT OF TRANSPORTATION adversarial proceeding in which all
interested parties will be given the Notice of Intent To Grant a Buy
Federal Railroad Administration opportunity to express their views America Waiver to the City of
[Docket Number FRA–2016–0018] regarding the waiver petition without Sacramento, California, Department of
cross examination. After all initial Public Works, To Use Marmoleum
Notice of Public Hearing for Statutory statements have been completed, those Flooring
Exemption individuals wishing to make brief AGENCY: Federal Railroad
On March 21, 2016, the Federal rebuttal statements will be given an Administration (FRA), United States
Railroad Administration (FRA) opportunity to do so. Department of Transportation (DOT).
In addition, FRA is extending the
published a notice in the Federal ACTION: Notice of intent to grant Buy
comment period for this waiver petition
Register (81 FR 15146) regarding the America waiver.
to October 13, 2016, to allow adequate
Association of American Railroads’
time for any additional comments to be SUMMARY: FRA is issuing this notice to
(AAR) request for a waiver of
submitted following the public hearing advise the public it intends to grant the
compliance and statutory exemption
scheduled for September 13, 2016. City of Sacramento, California,
from certain provisions of Title 49 Code Communications received by that date
of Federal Regulations (CFR) Part 232– Department of Public Works
will be considered by FRA before final (Sacramento), a waiver from FRA’s Buy
Brake System Safety Standards for action is taken. Comments received after
Freight and Other Non-Passenger Trains America requirement to use Walton
that date will be considered as far as Cirrus Original Brown #3665 (Brown
and Equipment; End-of-Train Devices. practicable. All communications
Specifically, AAR petitioned FRA for a Marmoleum), in the Sacramento Valley
concerning these proceedings should Station Phase II intermodal project.
waiver of compliance from 49 CFR identify the appropriate docket number
232.213–Extended haul trains, 49 CFR DATES: Written comments on FRA’s
and may be submitted by any of the
232.15–Movement of defective determination to grant Sacramento’s
following methods:
equipment, and 49 CFR 232.103(f)– • Web site: http:// Buy America waiver request should be
General requirements for all train brake www.regulations.gov. Follow the online provided to the FRA on or before June
systems; and requests a statutory instructions for submitting comments. 28, 2016.
exemption to 49 U.S.C. 20303–Moving • Fax: 202–493–2251. ADDRESSES: Please submit your
defective and insecure vehicles needing • Mail: Docket Operations Facility, comments by one of the following
repairs, for the purposes of conducting U.S. Department of Transportation means, identifying your submissions by
testing to demonstrate the effectiveness (DOT), 1200 New Jersey Avenue SE., docket number FRA–2012–0033. All
of using wayside wheel temperature W12–140, Washington, DC 20590. electronic submissions must be made to
detector data to ensure safe braking • Hand Delivery: 1200 New Jersey the U.S. Government electronic site at
performance. This petition was assigned Avenue SE., Room W12–140, http://www.regulations.gov.
Docket Number FRA–2016–0018. Washington, DC 20590, between 9 a.m. Commenters should follow the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Pursuant to 49 U.S.C. 20306– and 5 p.m., Monday through Friday, instructions below for mailed and hand-
Exemption for technological except Federal Holidays. delivered comments:
improvements, AAR has requested a Anyone is able to search the (1) Web site: http://
hearing during which evidence can be electronic form of any written www.regulations.gov. Follow the
developed for a statutory exemption to communications and comments instructions for submitting comments
49 U.S.C. 20303. Accordingly, a hearing received into any of our dockets by the on the U.S. Government electronic
is scheduled to begin at 10 a.m. name of the individual submitting the docket site;
September 13, 2016, at the National comment (or signing the document, if (2) Fax: (202) 493–2251;
VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1](https://thefederalregister.org/doc/81_FR_40514/page/1.svg)
![40396 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
(3) Mail: U.S. Department of (SVS) Phase II intermodal project.1 The comment after which this waiver will
Transportation, 1200 New Jersey Brown Marmoleum will cover 1,480 sq. become effective.
Avenue SE., Docket Operations, M–30, ft and costs approximately $4,690. Questions about this letter can be
Room W12–140, Washington, DC The SVS Phase II intermodal project directed to, John Johnson, Attorney-
20590–0001; or is the rehabilitation of the historic Advisor, at John.Johnson@dot.gov or
(4) Hand Delivery: Room W12–140 on 68,000 square foot train station in (202) 493–0078.
the first floor of the West Building, 1200 downtown Sacramento, California. The Sincerely,
New Jersey Avenue SE., Washington, $30 million project is partially funded Sarah E. Feinberg
DC 20590, between 9 a.m. and 5 p.m., with a $15 million 2012 Transportation Administrator
Monday through Friday, except Federal Infrastructure Generating Economic
holidays. Recovery (TIGER) grant. The U.S. Issued in Washington, DC, on June 15,
Department of Transportation (DOT) 2016.
Instructions: All submissions must
selected each project for 2012 TIGER Amitabha Bose,
reference the ‘‘Federal Railroad
Administration’’ and include docket Grant funding based on whether it Chief Counsel.
number FRA–2012–0033. Due to would, among other things, promote a [FR Doc. 2016–14554 Filed 6–20–16; 8:45 am]
security procedures in effect since more environmentally sustainable BILLING CODE 4910–06–P
October 2001, mail received through the transportation system. 77 FR 4863, 4867
U.S. Postal Service may be subject to (January 31, 2012). After rehabilitation,
delays. Parties submitting responses to the SVS will include an Amtrak station, DEPARTMENT OF TRANSPORTATION
this notice should consider using an commercial retail and office space.
To support its waiver request, Maritime Administration
express mail firm to ensure the prompt
filing of any submissions not filed Sacramento contends that Brown [Docket No. MARAD–2016–0062]
electronically or by hand. Note that all Marmoleum natural linoleum is the
submissions received, including any only flooring that meets the standards in Requested Administrative Waiver of
personal information therein, will be the Secretary of Interior’s Standards for the Coastwise Trade Laws: Vessel
posted without change or alteration to the Treatment of Historic Properties SEACROPPER II; Invitation for Public
http://www.regulations.gov. For more with Guidelines for Preserving, Comments
information, you may review DOT’s Rehabilitating, and Reconstructing
AGENCY: Maritime Administration,
complete Privacy Act Statement in the Historic Buildings. Specifically,
Department of Transportation.
Federal Register published on April 11, Sacramento asserts that Brown
Marmoleum is the only flooring product ACTION: Notice.
2000 (65 FR 19477), or visit http://
www.regulations.gov. that sufficiently matches the design, SUMMARY: As authorized by 46 U.S.C.
color, and texture of the original historic 12121, the Secretary of Transportation,
FOR FURTHER INFORMATION CONTACT: Mr. flooring used in SVS. Forbo does not
John Johnson, Attorney-Advisor, FRA as represented by the Maritime
manufacture Brown Marmoleum in the Administration (MARAD), is authorized
Office of Chief Counsel, 1200 New United States. After comparing flooring
Jersey Avenue SE., Mail Stop 10, to grant waivers of the U.S.-build
samples to the original flooring, requirement of the coastwise laws under
Washington, DC 20590, (202) 493–0078, California’s State Historic Preservation
John.Johnson@dot.gov. certain circumstances. A request for
Office and FRA determined Brown such a waiver has been received by
SUPPLEMENTARY INFORMATION: Marmoleum is the only product best MARAD. The vessel, and a brief
FRA provides information on its matching the original linoleum’s design, description of the proposed service, is
reasons for granting this waiver in a color, and texture. listed below.
letter to Sacramento, quoted below: Therefore, FRA is granting
Mr. Gregory Taylor DATES: Submit comments on or before
Sacramento’s waiver request. FRA
AIA, Supervising Architect/Project concludes a waiver is appropriate under July 21, 2016.
Manager 49 U.S.C. 24405(a)(2)(B) for Brown ADDRESSES: Comments should refer to
City of Sacramento, Department of Marmoleum because domestically- docket number MARAD–2016–0062.
Public Works produced flooring meeting the specific Written comments may be submitted by
915 I Street needs of Sacramento for this application hand or by mail to the Docket Clerk,
Room 2000 (i.e., historic preservation) is not U.S. Department of Transportation,
currently ‘‘produced in sufficient and Docket Operations, M–30, West
Sacramento, CA 95814–2604
reasonably available amount or . . . [is] Building Ground Floor, Room W12–140,
Re: Request for Waiver of Buy America 1200 New Jersey Avenue SE.,
not of a satisfactory quality.’’ 49 U.S.C.
Requirement Washington, DC 20590. You may also
24405(a)(2)(B).
Dear Mr. Taylor: Pursuant to 49 U.S.C. 24405(a)(4), send comments electronically via the
As you are aware, on November 24, FRA will publish this letter granting Internet at http://www.regulations.gov.
2014, the City of Sacramento, California, Sacramento’s request in the Federal All comments will become part of this
Department of Public Works Register and provide notice of such docket and will be available for
(Sacramento) requested a waiver from finding and an opportunity for public inspection and copying at the above
the Federal Railroad Administration’s address between 10 a.m. and 5 p.m.,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(FRA) Buy America requirement (49 1 Sacramento also requested a waiver for E.T., Monday through Friday, except
U.S.C. 24405(a)) to purchase Sacramento requested a non-availability Buy federal holidays. An electronic version
America waiver for a variable refrigerant flow (VRF) of this document and all documents
‘‘Marmoleum,’’ specifically the color heating, ventilation, and air conditioning (HVAC)
Walton Cirrus Original Brown #3665 system to be installed into SVS. However, FRA
entered into this docket is available on
(Brown Marmoleum), a natural linoleum chose to bifurcate the waiver requests since the VRF the World Wide Web at http://
flooring product made by Forbo waiver was more advanced in terms of processing www.regulations.gov.
and was pivotal to Sacramento. FRA granted a
Flooring Systems in the Netherlands, for waiver for the VRF system on June 4, 2015. https:// FOR FURTHER INFORMATION CONTACT:
use in the Sacramento Valley Station www.fra.dot.gov/eLib/Details/L16619. Bianca Carr, U.S. Department of
VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1](https://thefederalregister.org/doc/81_FR_40514/page/2.svg)
Document Created: 2016-06-21 01:30:30
Document Modified: 2016-06-21 01:30:30
| 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 intent to grant Buy America waiver. | |
| Dates | Written comments on FRA's determination to grant Sacramento's Buy America waiver request should be provided to the FRA on or before June 28, 2016. | |
| Contact | Mr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590, (202) 493-0078, [email protected] | |
| FR Citation | 81 FR 40395 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR