81 FR 75903 - Notice of Proposed Buy America Waiver for Ultrastraight Rail
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 211 (November 1, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 211 (November 1, 2016)
| Page Range | 75903-75904 | |
| FR Document | 2016-26316 |
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)] [Notices] [Pages 75903-75904] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26316] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0037] Notice of Proposed Buy America Waiver for Ultrastraight Rail 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 Central Puget Sound Transit Authority (Sound Transit) for a Buy America non-availability waiver for the procurement of ultrastraight rail. Sound Transit seeks to procure ultrastraight rail for a portion of its Northgate Link light rail extension to avoid exceedance of contractually-mandated vibration thresholds. Sound Transit seeks a waiver because there is no domestic manufacturer available to produce rail that has passed the applicable vibration testing standards. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would apply to a one-time FTA-funded procurement by Sound Transit. DATES: Comments must be received by November 8, 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-2016-0037. 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-2016-0037. 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 [[Page 75904]] 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: Cecelia Comito, Assistant Chief Counsel, at (202) 366-2217 or [email protected]. SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide notice and seek comment on whether the FTA should grant a non- availability waiver for Sound Transit's purchase of approximately 15,100 feet of ultrastraight rail. On February 23, 2016, Sound Transit requested a Buy America waiver for the ultrastraight rail because the as-installed condition of ultrastraight rail, procured from a domestic manufacturer, failed to meet applicable vibration threshold requirements. Sound Transit estimates that the ultrastraight rail will cost approximately $300,000. Sound Transit's Northgate Link extension is a $1.9 billion rail project that consists of 4.3 miles and 3 new stations, and runs through residential and employment areas, including the University of Washington. Approximately 15,100 feet of that extension will run under the University of Washington's Health Sciences and Physics-Astronomy buildings, which house precision-measurement laboratories and experiments conducted by Nobel Prize winning faculty. The project's potential impact on the University's buildings was considered as part of the environmental review process required by the National Environmental Policy Act (NEPA). In 2006, FTA issued a final Record of Decision (ROD) for the project, and required implementation of mitigation measures, including a measure that would minimize vibration under the University buildings. Sound Transit then executed a 2007 agreement with the University of Washington in which Sound Transit agreed to not exceed specified vibration thresholds, which could be met through use of ultrastraight rail, with parameters for that rail based on American Railway Engineers Maintenance-of-Way Association (``AREMA'') standards. Sound Transit contacted domestic rail manufacturers regarding their ability to produce ultrastraight rail within the agreed upon AREMA specifications for the rail. Two leading manufacturers, Steel Dynamics, Inc. (SDI) and EVRAZ North America (EVRAZ), stated unequivocally that they are unable to fabricate rail that meets the specification. Sound Transit subsequently explored using domestically-sourced, milled rail. However, testing of the as-installed milled rail found that the rail failed to meet the applicable vibration thresholds. Due to its unsuccessful efforts to procure domestically-sourced ultrastraight rail within the vibration thresholds, Sound Transit seeks a non-availability waiver of the Buy America requirements for domestically-sourced steel. 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). The steel and iron requirements apply to all construction materials made primarily of steel or iron and used in infrastructure projects such as transit or maintenance facilities, rail lines, and bridges. These items include, but are not limited to, structural steel or iron, steel or iron beams and columns, running rail and contact rail. For steel or iron to be considered produced in the United States, all steel and iron manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives. 49 CFR 661.5. 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). Any non-availability waiver granted would be effective for a one-time procurement of the rail and would expire upon completion of that procurement. Finally, under 49 U.S.C. 5323(j)(6), FTA cannot deny an application for a waiver based on non-availability unless FTA can certify that (i) the steel, iron, or manufactured good (the ``item'') is produced in the United States in a sufficient and reasonably available amount; and (ii) the item produced in the United States is of a satisfactory quality. Additionally, FTA must provide a list of known manufacturers in the United States from which the item can be obtained. FTA is not aware of any manufacturers who produce ultrastraight rail that would meet the required parameters in the United States. Sound Transit conducted an extensive search for a domestic manufacturer of ultrastraight rail, including testing domestically- sourced, milled rail. Unfortunately, testing of the as-installed milled rail found that the rail failed to meet the applicable vibration thresholds. Due to its unsuccessful efforts to procure domestically- sourced ultrastraight rail within the vibration thresholds, FTA proposes to grant Sound Transit a non-availability waiver of the Buy America requirements for 15,100 feet of ultrastraight rail, as required in the 2007 agreement between Sound Transit and the University. This non-availability waiver would be effective for a one-time procurement of the rail and would expire upon completion of that procurement. The purpose of this notice is to publish Sound Transit'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 effects of a potential waiver and the merits of the request. After consideration of the comments, FTA will publish a second notice in the Federal Register with a response to comments and noting any changes made to the proposed waiver as a result of the comments received. Ellen Partridge, Chief Counsel. [FR Doc. 2016-26316 Filed 10-31-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices 75903
they are not produced in the United are produced in the United States.’’ 49 ACTION: Notice of proposed Buy America
States in sufficiently and reasonably U.S.C. 5323(j)(1). A manufactured waiver and request for comment.
available quantities or of a satisfactory product is considered produced in the
quality. 49 U.S.C. 5323(j)(2)(B); 49 CFR United States if: (1) All of the SUMMARY: The Federal Transit
661.7(c). manufacturing processes for the product Administration (FTA) received a request
GDRTA is a public transit agency that take place in the United States; and (2) from the Central Puget Sound Transit
serves Montgomery and Western Green all of the components of the product are Authority (Sound Transit) for a Buy
counties in Ohio. GDRTA provides more of U.S. origin. A component is America non-availability waiver for the
than 9 million passenger trips per year considered of U.S. origin if it is procurement of ultrastraight rail. Sound
on 31 routes throughout the region. In manufactured in the United States, Transit seeks to procure ultrastraight
January 2014, GDRTA conducted a regardless of the origin of its rail for a portion of its Northgate Link
technology scope development project subcomponents. 49 CFR 661.5(d). If, light rail extension to avoid exceedance
to determine how technology however, FTA determines that ‘‘the of contractually-mandated vibration
enhancements could improve its steel, iron, and goods produced in the thresholds. Sound Transit seeks a
operational efficiency; this included a United States are not produced in a waiver because there is no domestic
voice and data communication sufficient and reasonably available manufacturer available to produce rail
alternatives analysis. GDRTA amount or are not of a satisfactory that has passed the applicable vibration
comprehensively examined various quality,’’ then FTA may issue a waiver testing standards. In accordance with 49
technologies available for its voice and (non-availability waiver). 49 U.S.C. U.S.C. 5323(j)(3)(A), FTA is providing
data communication needs. GDRTA 5323(j)(2)(B); 49 CFR 661.7(c). notice of the waiver request and seeks
compared and evaluated the differences Finally, under 49 U.S.C. 5323(j)(6), public comment before deciding
between radio and cellular-based FTA cannot deny an application for a whether to grant the request. If granted,
communication, including a cost waiver based on non-availability unless the waiver would apply to a one-time
analysis, reliability assessment, and FTA can certify that (i) the steel, iron, FTA-funded procurement by Sound
long-range maintenance and operational or manufactured good (the ‘‘item’’) is Transit.
differences. On August 5, 2014, the produced in the United States in a DATES: Comments must be received by
GDRTA Board approved the adoption of sufficient and reasonably available November 8, 2016. Late-filed comments
a mixed communication system for the amount; and (ii) the item produced in will be considered to the extent
agency, which would employ both voice the United States is of a satisfactory practicable.
and cellular data systems. GDRTA quality. Additionally, FTA must provide
would join Montgomery County’s ADDRESSES: Please submit your
a list of known manufacturers in the comments by one of the following
800MHz analog trunked system, instead United States from which the item can
of continuing to own a 450 MHz radio means, identifying your submissions by
be obtained. FTA is not aware of any docket number FTA–2016–0037.
system. manufacturers who produce the
Montgomery County’s analog system 1. Web site: http://
required radio consoles in the United www.regulations.gov. Follow the
uses proprietary Motorola
States. instructions for submitting comments
SmartNetTrunking, and all equipment
must be original equipment The purpose of this notice is to on the U.S. Government electronic
manufacturer (OEM) Motorola devices. publish GDRTA’s request and seek docket site.
All equipment must also be public comment from all interested 2. Fax: (202) 493–2251.
programmed to use the County’s parties in accordance with 49 U.S.C. 3. Mail: U.S. Department of
800MHz analog system and have the 5323(j)(3)(A). Comments will help FTA Transportation, 1200 New Jersey
ability to work on the MARCS 800 MHz understand completely the facts Avenue SE., Docket Operations, M–30,
digital system without any additional surrounding the request, including the West Building, Ground Floor, Room
hardware. In November 2014, GDRTA effects of a potential waiver and the W12–140, Washington, DC 20590–0001.
purchased Motorola mobile and merits of the request. After 4. Hand Delivery: U.S. Department of
portable radios for its supervisors and consideration of the comments, FTA Transportation, 1200 New Jersey
its diesel, trolly, paratransit, will publish a second notice in the Avenue SE., Docket Operations, M–30,
maintenance, and support vehicles. The Federal Register with a response to West Building, Ground Floor, Room
procurement and installation of the comments and noting any changes made W12–140, Washington, DC 20590–0001
radio consoles is the final step to move to the proposed waiver as a result of the between 9 a.m. and 5 p.m., Monday
GDRTA’s communication system to comments received. through Friday, except Federal holidays.
Montgomery County’s system. Ellen Partridge, Instructions: All submissions must
Motorola manufactures equipment make reference to the ‘‘Federal Transit
Chief Counsel.
both domestically and overseas. While Administration’’ and include docket
[FR Doc. 2016–26317 Filed 10–31–16; 8:45 am]
the voice processing module portion of number FTA–2016–0037. Due to the
BILLING CODE P
the radio consoles are currently security procedures in effect since
manufactured in Illinois, the other October 2011, mail received through the
components are manufactured in U.S. Postal Service may be subject to
DEPARTMENT OF TRANSPORTATION
Mexico. Thus, GDRTA is seeking a Buy delays. Parties making submissions
America non-availability waiver under responsive to this notice should
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Transit Administration
49 CFR 661.7(c)(1) for the radio consider using an express mail firm to
consoles. ensure the prompt filing of any
[Docket No. FTA–2016–0037]
With certain exceptions, FTA’s Buy submissions not filed electronically or
America requirements prevent FTA Notice of Proposed Buy America by hand. Note that all submissions
from obligating an amount that may be Waiver for Ultrastraight Rail received, including any personal
appropriated to carry out its program for information therein, will be posted
a project unless ‘‘the steel, iron, and AGENCY: Federal Transit Administration, without change or alteration to http://
manufactured goods used in the project DOT. www.regulations.gov. For more
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![75904 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
information, you may review DOT’s subsequently explored using milled rail found that the rail failed to
complete Privacy Act Statement in the domestically-sourced, milled rail. meet the applicable vibration
Federal Register published April 11, However, testing of the as-installed thresholds. Due to its unsuccessful
2000 (65 FR 19477), or you may visit milled rail found that the rail failed to efforts to procure domestically-sourced
http://www.regulations.gov. meet the applicable vibration ultrastraight rail within the vibration
FOR FURTHER INFORMATION CONTACT: thresholds. Due to its unsuccessful thresholds, FTA proposes to grant
Cecelia Comito, Assistant Chief efforts to procure domestically-sourced Sound Transit a non-availability waiver
Counsel, at (202) 366–2217 or ultrastraight rail within the vibration of the Buy America requirements for
cecelia.comito@dot.gov. thresholds, Sound Transit seeks a non- 15,100 feet of ultrastraight rail, as
SUPPLEMENTARY INFORMATION: The
availability waiver of the Buy America required in the 2007 agreement between
purpose of this notice is to provide requirements for domestically-sourced Sound Transit and the University. This
notice and seek comment on whether steel. non-availability waiver would be
With certain exceptions, FTA’s Buy effective for a one-time procurement of
the FTA should grant a non-availability
America requirements prevent FTA the rail and would expire upon
waiver for Sound Transit’s purchase of
from obligating an amount that may be completion of that procurement.
approximately 15,100 feet of
appropriated to carry out its program for The purpose of this notice is to
ultrastraight rail. On February 23, 2016,
a project unless ‘‘the steel, iron, and publish Sound Transit’s request and
Sound Transit requested a Buy America
manufactured goods used in the project seek public comment from all interested
waiver for the ultrastraight rail because are produced in the United States.’’ 49
the as-installed condition of parties in accordance with 49 U.S.C.
U.S.C. 5323(j)(1). The steel and iron 5323(j)(3)(A). Comments will help FTA
ultrastraight rail, procured from a requirements apply to all construction
domestic manufacturer, failed to meet understand completely the facts
materials made primarily of steel or iron surrounding the request, including the
applicable vibration threshold and used in infrastructure projects such
requirements. Sound Transit estimates effects of a potential waiver and the
as transit or maintenance facilities, rail merits of the request. After
that the ultrastraight rail will cost lines, and bridges. These items include,
approximately $300,000. consideration of the comments, FTA
but are not limited to, structural steel or will publish a second notice in the
Sound Transit’s Northgate Link iron, steel or iron beams and columns,
extension is a $1.9 billion rail project Federal Register with a response to
running rail and contact rail. For steel comments and noting any changes made
that consists of 4.3 miles and 3 new or iron to be considered produced in the
stations, and runs through residential to the proposed waiver as a result of the
United States, all steel and iron comments received.
and employment areas, including the manufacturing processes must take
University of Washington. place in the United States, except Ellen Partridge,
Approximately 15,100 feet of that metallurgical processes involving Chief Counsel.
extension will run under the University refinement of steel additives. 49 CFR [FR Doc. 2016–26316 Filed 10–31–16; 8:45 am]
of Washington’s Health Sciences and 661.5. BILLING CODE P
Physics-Astronomy buildings, which If, however, FTA determines that ‘‘the
house precision-measurement steel, iron, and goods produced in the
laboratories and experiments conducted United States are not produced in a DEPARTMENT OF TRANSPORTATION
by Nobel Prize winning faculty. The sufficient and reasonably available
project’s potential impact on the [Docket No. DOT–MARAD 2016–0110]
amount or are not of a satisfactory
University’s buildings was considered quality,’’ then FTA may issue a waiver Agency Requests for Renewal of a
as part of the environmental review (non-availability waiver). 49 U.S.C. Previously Approved Information
process required by the National 5323(j)(2)(B); 49 CFR 661.7(c). Any non- Collection(s): Approval of Underwriters
Environmental Policy Act (NEPA). In availability waiver granted would be of Marine Hull Insurance
2006, FTA issued a final Record of effective for a one-time procurement of
Decision (ROD) for the project, and the rail and would expire upon AGENCY: Maritime Administration,
required implementation of mitigation completion of that procurement. Department of Transportation.
measures, including a measure that Finally, under 49 U.S.C. 5323(j)(6), ACTION: Notice and request for
would minimize vibration under the FTA cannot deny an application for a comments.
University buildings. Sound Transit waiver based on non-availability unless
then executed a 2007 agreement with FTA can certify that (i) the steel, iron, SUMMARY: The Maritime Administration
the University of Washington in which or manufactured good (the ‘‘item’’) is (MARAD) invites public comments
Sound Transit agreed to not exceed produced in the United States in a about our intention to request the Office
specified vibration thresholds, which sufficient and reasonably available of Management and Budget (OMB)
could be met through use of amount; and (ii) the item produced in approval to renew an information
ultrastraight rail, with parameters for the United States is of a satisfactory collection. The information is needed in
that rail based on American Railway quality. Additionally, FTA must provide order for Maritime Administration
Engineers Maintenance-of-Way a list of known manufacturers in the officials to evaluate the underwriters
Association (‘‘AREMA’’) standards. United States from which the item can and determine their suitability for
Sound Transit contacted domestic rail be obtained. FTA is not aware of any providing marine hull insurance on
manufacturers regarding their ability to manufacturers who produce Maritime Administration vessels. We
asabaliauskas on DSK3SPTVN1PROD with NOTICES
produce ultrastraight rail within the ultrastraight rail that would meet the are required to publish this notice in the
agreed upon AREMA specifications for required parameters in the United Federal Register by the Paperwork
the rail. Two leading manufacturers, States. Reduction Act of 1995, Public Law 104–
Steel Dynamics, Inc. (SDI) and EVRAZ Sound Transit conducted an extensive 13.
North America (EVRAZ), stated search for a domestic manufacturer of DATES: Written comments should be
unequivocally that they are unable to ultrastraight rail, including testing submitted by January 3, 2017.
fabricate rail that meets the domestically-sourced, milled rail. ADDRESSES: You may submit comments
specification. Sound Transit Unfortunately, testing of the as-installed [identified by Docket No. DOT–
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Document Created: 2016-11-01 02:36:19
Document Modified: 2016-11-01 02:36:19
| 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 November 8, 2016. Late-filed comments will be considered to the extent practicable. | |
| Contact | Cecelia Comito, Assistant Chief Counsel, at (202) 366-2217 or [email protected] | |
| FR Citation | 81 FR 75903 |
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