81 FR 76997 - Notice of Proposed Buy America Waiver for Replacement Parts on Diesel Multiple Unit Rail Vehicles

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 214 (November 4, 2016)

Page Range		76997-76999
FR Document		2016-26653

The Federal Transit Administration (FTA) received a request from the North County Transit District (NCTD) in California for a Buy America non-availability waiver for the procurement of specified replacement parts for Diesel Multiple Unit (DMU) rail vehicles. The 12 DMU rail vehicles were manufactured by Siemens as a part of their Desiro series and were placed in revenue service in 2008. Mid-life maintenance and replacement overhauls of vehicle parts are now required in order to ensure safe and continuous transit service. 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.

Federal Register, Volume 81 Issue 214 (Friday, November 4, 2016)

[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Pages 76997-76999]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26653]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0036]


Notice of Proposed Buy America Waiver for Replacement Parts on 
Diesel Multiple Unit Rail Vehicles

AGENCY: Federal Transit Administration, DOT.

[[Page 76998]]


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 North County Transit District (NCTD) in California for a Buy 
America non-availability waiver for the procurement of specified 
replacement parts for Diesel Multiple Unit (DMU) rail vehicles. The 12 
DMU rail vehicles were manufactured by Siemens as a part of their 
Desiro series and were placed in revenue service in 2008. Mid-life 
maintenance and replacement overhauls of vehicle parts are now required 
in order to ensure safe and continuous transit service. 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.

DATES: Comments must be received by November 14, 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-2016-0036:
    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-2016-0036. 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: 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 NCTD's purchase of replacement parts on their 
Siemens-manufactured Desiro series DMU rail vehicles, including, but 
not limited to, Power Pack Assembly, Power Truck Assembly, Jakobs Truck 
Assembly, Transmission, Primary Suspension, Secondary Suspension, Power 
Wheelset Assembly, Power Truck Brake Rotors, Jakobs Truck Brake Rotors, 
Power Truck Wheels, Jakobs Truck Wheels, A/C Compressors, and Carbody 
Brake Components, Automatic Train Couplers, and HVAC Roof Mounted Units 
(the ``Replacement Parts''). The Replacement Parts are necessary for 
mid-life maintenance of the DMU rail vehicles.
    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).
    NCTD provides transit service to the entire North San Diego County, 
serving more than 12 million riders annually. In 2003, NCTD requested 
and received from FTA a non-availability Buy America waiver for the 
procurement of 12 DMU vehicles for use on NCTD's Sprinter line, with 15 
light rail stations between the cities of Escondido and Oceanside. NCTD 
purchased the 12 DMU vehicles in 2004 and placed the vehicles into 
revenue service in 2008 on NCTD's Sprinter line. The useful life of the 
vehicles is 25 years.
    According to NCTD, the Replacements Parts for the DMU vehicles are 
nearing the end of their useful service lives and showing signs of wear 
and fatigue. Without periodic capital equipment replacement and/or 
rebuild, the likelihood of mechanical downtime increases significantly, 
equating to prolonged service outages for riders. In March 2013, NCTD 
removed the Sprinter service from revenue service for more than two 
months due to premature wear of one of the three braking systems and 
unavailability of domestic replacement parts. NCTD intends to replace 
the components over several phases during the coming years, from 2018 
through 2026. The last phase is anticipated to be procured over a 
subsequent seven-year period. Any non-availability waiver granted would 
be effective for all phases of these projects and will expire upon 
completion of these projects.
    As a part of its search for domestic Replacement Parts, NCTD issued 
a Request for Information (RFI) on November 12, 2013 to maintenance and 
engineering communities to determine if any firms existed that could 
either supply Buy America compliant parts and components, or reverse 
engineer the parts and components utilizing plans and specifications 
provided. More than 300 vendors received the RFI; 19 downloaded the 
RFI. One vendor responded that ``with proper specifications, drawings, 
and samples, we may be able to design and supply Buy America Compliant, 
OE equivalent, air bellows, primary suspension, and passenger 
bellows.'' However, the original equipment manufacturer (``OEM'') would 
not provide the requested proprietary information. NCTD undertook three 
additional procurements for the Replacement Parts. Three responses were 
received; none could certify to Buy America compliance. 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.''
    NCTD's 12 vehicles are the only Siemens Sprinter vehicles in the 
United States. Additionally, since these vehicles were specifically 
designed to meet California Public Utilities Commission rail safety 
requirements, Sprinter is the only vehicle of its kind internationally. 
NCTD's multiple procurement efforts have demonstrated that there are no 
suppliers willing to invest in infrastructure to manufacture parts that 
are suitable only for NCTD's 12 vehicles.

[[Page 76999]]

    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 the Replacement Parts in the United 
States.
    The 12 DMUs purchased by NCTD were granted a waiver from Buy 
America. NCTD's efforts to identify domestic manufacturers for the 
various Replacement Parts were unsuccessful. FTA proposes to grant NCTD 
a non-availability waiver of the Buy America requirements for the 
Replacement Parts for the 12 DMUs which will be acquired for the 
replacement of the components over several phases from 2018 through 
2026. Any non-availability waiver granted would be effective for all 
phases of these projects and will include Replacement Parts acquired to 
maintain the DMUs for their 25-year useful life.
    The purpose of this notice is to publish NCTD'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. 2016-26653 Filed 11-3-16; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices 76997

and (3) the U.S. Department of Issued in Washington, DC, on October 31, improvement of roadway access to the
Transportation, Office of the General 2016. airport by realigning Robin Hood Road.
Counsel, 1200 New Jersey Avenue SE., Elliott Black, Other associated infrastructure was
Washington, DC 20590. Director, Office of Airport Planning and proposed for construction or demolition
Programming. or relocation including taxiways,
Decided: November 1, 2016.
[FR Doc. 2016–26630 Filed 11–3–16; 8:45 am] lighting, hangers, maintenance facilities,
By the Board, Chairman Elliott, Vice runway safety areas and runway
BILLING CODE 4910–13–P
Chairman Miller, and Commissioner protection zones.
Begeman. In 2001, the FAA began preparing an
Brendetta S. Jones, DEPARTMENT OF TRANSPORTATION EIS for similar projects based on the
Clearance Clerk. need to accommodate additional
[FR Doc. 2016–26724 Filed 11–3–16; 8:45 am] Federal Aviation Administration operations at the airport. During the first
BILLING CODE 4915–01–P
EIS process, the needs of the airport
Notice of Cancellation of changed and it was determined that the
Environmental Impact Statement for projects were no longer justified based
the Norfolk International Airport, on the stated need and the preparation
Norfolk, Virginia of the first EIS was cancelled. In 2013,
DEPARTMENT OF TRANSPORTATION
AGENCY: Federal Aviation the FAA agreed to proceed with a
Federal Aviation Administration Administration (FAA), DOT. phased second EIS preparation to
review a similar project proposed by the
ACTION: Notice of cancellation of
Norfolk Airport Authority. The first
[Docket No. FAA–2016–9346] preparation of environmental impact
phase of the project consisted of
statement.
consultant selection, EIS scoping, and
Passenger Facility Charge (PFC)
SUMMARY: The Federal Aviation an analysis of the proposed project’s
Program; Draft FAA Order 5500.1B
Administration (FAA) announces that it purpose and need to determine if the
has discontinued preparation of an FAA should continue to the second
AGENCY:Federal Aviation
Environmental Impact Statement (EIS) phase, which would be completion of
Administration (FAA), DOT.
for the proposed construction of new the EIS and determination.
ACTION: Notice of withdrawal. Runway 5R/23L and associated At the conclusion of the first phase of
development at Norfolk International the second EIS, the FAA determined
SUMMARY: FAA is rescinding the draft Airport, Norfolk, Virginia. The FAA’s that the fundamental purpose and need
FAA Order 5500.1B, Passenger Facility discontinued preparation of the EIS is of the projects were not supported by
Charge published on August 5, 2016, based upon the completion of the first the current or anticipated needs of the
and withdrawing its request for public phase of the EIS. Based on the results of airport. The FAA is now terminating the
review and comment. the first phase (Scoping and Purpose & second EIS process. However, the FAA
Need development), the FAA has recognizes the importance of ORF to the
DATES: The FAA previously extended greater Norfolk/Hampton Roads region
determined that the fundamental
the comment period to October 31, and to the Commonwealth of Virginia.
purpose and need is not supported by
2016. FAA subsequently established a Moreover, the FAA agrees that a parallel
the current or anticipated development
public Docket FAA 2016–9346 and runway may still be a viable long-term
needs of the Airport at this time.
comments received will be entered into plan for the future, if and when
FOR FURTHER INFORMATION CONTACT:
the public Docket. operational demand warrants.
Marcus Brundage, Environmental Therefore, the FAA continues to support
FOR FURTHER INFORMATION CONTACT: Joe Protection Specialist, Federal Aviation the proposed runway remaining on the
Hebert, Manager, Financial Analysis Administration, Washington Airports approved Airport Layout Plan, as
and Passenger Facility Charge Branch, District Office, 23723 Air Freight Lane, conditionally approved pending
APP–510, Federal Aviation Suite 210, Dulles, Virginia 20166; environmental review on October 5,
Administration, 800 Independence Telephone (703) 661–1365. 2011, and protecting the associated
Avenue SW., Washington, DC 20591, SUPPLEMENTARY INFORMATION: On June airspace.
telephone (202) 267–8375; facsimile 12, 2015, the FAA, published in the
Issued in Dulles, Virginia on October 28,
(202) 267–5302. Federal Register a Notice of Intent (NOI) 2016.
SUPPLEMENTARY INFORMATION: On August to prepare an Environmental Impact
Matthew J. Thys,
Statement (EIS) and hold two public
5, 2016, the FAA published a notice and Manager, Washington Airports District Office,
scoping meetings in Norfolk and
request for comments titled ‘‘Passenger Eastern Region.
Virginia Beach, Virginia (Volume 80,
Facility Charge (PFC) Program; Draft [FR Doc. 2016–26631 Filed 11–3–16; 8:45 am]
Number 113, FR 33582–33583). The
FAA Order 5500.1B’’ (81 FR 51963). The BILLING CODE 4910–13–P
public meetings were held at the
notice requested interested parties
Bayside High School and at the Holiday
submit written comments by September
Inn Norfolk Airport on July 22 and 23, DEPARTMENT OF TRANSPORTATION
30, 2016. On September 21, 2016, the 2015, respectively.
FAA extended the original comment The stated purpose of the project was
asabaliauskas on DSK3SPTVN1PROD with NOTICES

period by 31 days, from September 30, Federal Transit Administration
to ‘‘meet relevant FAA airfield safety
2016, to October 31, 2016. standards and enhance airfield safety [Docket No. FTA–2016–0036]
After careful consideration, the FAA without reducing runway availability.’’
Notice of Proposed Buy America
has decided to rescind the draft Order The proposed project included the
Waiver for Replacement Parts on
and cancel the public review process. decommissioning and demolition of
Diesel Multiple Unit Rail Vehicles
The FAA will issue a revised draft in Runway 14/32, the construction of new
the near future for public review and Runway 5R/23L and associated AGENCY: Federal Transit Administration,
comment. development at the airport, and DOT.

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Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices 76999

Finally, under 49 U.S.C. 5323(j)(6), from the Port Authority of New York by hand. Note that all submissions
FTA cannot deny an application for a and New Jersey (PANYNJ) for a Buy received, including any personal
waiver based on non-availability unless America public interest waiver for the information therein, will be posted
FTA can certify that (i) the steel, iron, procurement of equipment to replace without change or alteration to http://
or manufactured good (the ‘‘item’’) is what was damaged at the World Trade www.regulations.gov. For more
produced in the United States in a Center Transportation Hub (WTC Hub) information, you may review DOT’s
sufficient and reasonably available project during Hurricane Sandy. complete Privacy Act Statement in the
amount; and (ii) the item produced in PANYNJ seeks a public interest Buy Federal Register published April 11,
the United States is of a satisfactory America waiver for the replacement of 2000 (65 FR 19477), or you may visit
quality. Additionally, FTA must provide equipment previously purchased for the http://www.regulations.gov.
a list of known manufacturers in the WTC Hub. Hurricane Sandy damaged an FOR FURTHER INFORMATION CONTACT:
United States from which the item can existing construction site that receives Cecelia Comito, FTA Assistant Chief
be obtained. FTA is not aware of any federal funds but is not subject to FTA’s Counsel, (202) 366–2217 or
manufacturers who produce the Buy America requirements and the only Cecelia.comito@dot.gov.
Replacement Parts in the United States. option PANYNJ had to implement SUPPLEMENTARY INFORMATION: The
The 12 DMUs purchased by NCTD Sandy recovery work was to replace the purpose of this notice is to provide
were granted a waiver from Buy damaged equipment with the same notice and seek public comment on
America. NCTD’s efforts to identify equipment previously acquired for the whether the FTA should grant a public
domestic manufacturers for the various project. 49 U.S.C. 5323(j)(2)(A) and 49 interest waiver to the Port Authority of
Replacement Parts were unsuccessful. CFR 661.7(b). In accordance with 49 New York and New Jersey (PANYNJ) for
FTA proposes to grant NCTD a non- U.S.C. 5323(j)(3)(A), FTA is providing the procurement of replacement
availability waiver of the Buy America notice of the public interest waiver equipment damaged by Hurricane
requirements for the Replacement Parts request and seeks public comment Sandy at the World Trade Center
for the 12 DMUs which will be acquired before deciding whether to grant the Transportation Hub (WTC Hub) project.
for the replacement of the components request. If granted, the waiver would With certain exceptions, FTA’s Buy
over several phases from 2018 through only apply to replacement of equipment America requirements prevent FTA
2026. Any non-availability waiver damaged by Hurricane Sandy at the from obligating an amount that may be
granted would be effective for all phases WTC Hub project and would not apply appropriated to carry out its program for
of these projects and will include to any other PANYNJ resiliency projects a project unless ‘‘the steel, iron, and
Replacement Parts acquired to maintain for which FTA has provided funding. manufactured goods used in the project
the DMUs for their 25-year useful life. DATES: Comments must be received by are produced in the United States.’’ 49
The purpose of this notice is to November 14, 2016. Late-filed U.S.C. 5323(j)(1). If, however, FTA finds
publish NCTD’s request and seek public comments will be considered to the that the application of this requirement
comment from all interested parties in extent practicable. would be inconsistent with the public
accordance with 49 U.S.C. 5323(j)(3)(A). ADDRESSES: Please submit your interest, it may waive this requirement.
Comments will help FTA understand comments by one of the following 49 U.S.C. 5323(j)(2)(A). In determining
completely the facts surrounding the means, identifying your submissions by whether the conditions exist to grant a
request, including the effects of a docket number FTA–2016–0035. public interest waiver, FTA will
potential waiver and the merits of the 1. Web site: http:// consider all appropriate factors on a
request. After consideration of the www.regulations.gov. Follow the case-by-case basis, unless a general
comments, FTA will publish a second instructions for submitting comments exception is specifically set out in this
notice in the Federal Register with a on the U.S. Government electronic part. 49 U.S.C. 5323(j)(2)(A); 49 CFR
response to comments and noting any docket site. 661.7(b).
changes made to the proposed waiver as 2. Fax: (202) 493–2251. On May 13, 2015, PANYNJ requested
a result of the comments received. 3. Mail: U.S. Department of a Buy America waiver for the
Ellen Partridge, Transportation, 1200 New Jersey replacement or repair of equipment
Chief Counsel. Avenue SE., Docket Operations, M–30, damaged by Hurricane Sandy at the
West Building, Ground Floor, Room WTC Hub because the WTC Hub project
[FR Doc. 2016–26653 Filed 11–3–16; 8:45 am]
W12–140, Washington, DC 20590–0001. is being constructed pursuant to a grant
BILLING CODE P
4. Hand Delivery: U.S. Department of awarded in 2003, it is not feasible to
Transportation, 1200 New Jersey replace the damaged equipment with
DEPARTMENT OF TRANSPORTATION Avenue SE., Docket Operations, M–30, equipment that is different than that
West Building, Ground Floor, Room used in the original project and it is in
Federal Transit Administration W12–140, Washington, DC 20590–0001 the public’s interest to repair the
between 9 a.m. and 5 p.m., Monday damage at the WTC Hub as quickly as
[Docket No. FTA–2016–0035] through Friday, except Federal holidays. possible. 49 U.S.C. 5323(j)(2)(A); 49 CFR
Instructions: All submissions must 661.7(b). Additionally, the underlying
Notice of Proposed Buy America
make reference to the ‘‘Federal Transit project is not subject to FTA’s Buy
Public Interest Waiver for Hurricane
Administration’’ and include docket America requirements.
Sandy Emergency Relief Work
number FTA–2016–0035. Due to the The September 11, 2001 terrorist
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Performed for the World Trade Center
security procedures in effect since attacks on the World Trade Center
AGENCY: Federal Transit Administration, October 2011, mail received through the resulted in extensive damage to the
DOT. U.S. Postal Service may be subject to WTC Hub. In August 2002, the Federal
ACTION: Notice of Proposed Buy America delays. Parties making submissions Emergency Management Agency
waiver and request for comment. responsive to this notice should (FEMA) entered into a memorandum of
consider using an express mail firm to agreement with the U.S. Department of
SUMMARY: The Federal Transit ensure the prompt filing of any Transportation under which FEMA
Administration (FTA) received a request submissions not filed electronically or agreed to provide $2.75 billion to cover

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Document Created: 2018-02-14 08:27:19
Document Modified: 2018-02-14 08:27:19

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 14, 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 76997

81 FR 76997 - Notice of Proposed Buy America Waiver for Replacement Parts on Diesel Multiple Unit Rail Vehicles

DEPARTMENT OF TRANSPORTATIONFederal Transit Administration

Federal Register Volume 81, Issue 214 (November 4, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration