81 FR 76999 - Notice of Proposed Buy America Public Interest Waiver for Hurricane Sandy Emergency Relief Work Performed for the World Trade Center
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 214 (November 4, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 214 (November 4, 2016)
| Page Range | 76999-77000 | |
| FR Document | 2016-26656 |
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)] [Notices] [Pages 76999-77000] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26656] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0035] Notice of Proposed Buy America Public Interest Waiver for Hurricane Sandy Emergency Relief Work Performed for the World Trade Center 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 Port Authority of New York and New Jersey (PANYNJ) for a Buy America public interest waiver for the procurement of equipment to replace what was damaged at the World Trade Center Transportation Hub (WTC Hub) project during Hurricane Sandy. PANYNJ seeks a public interest Buy America waiver for the replacement of equipment previously purchased for the WTC Hub. Hurricane Sandy damaged an existing construction site that receives federal funds but is not subject to FTA's Buy America requirements and the only option PANYNJ had to implement Sandy recovery work was to replace the damaged equipment with the same equipment previously acquired for the project. 49 U.S.C. 5323(j)(2)(A) and 49 CFR 661.7(b). In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the public interest waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would only apply to replacement of equipment damaged by Hurricane Sandy at the WTC Hub project and would not apply to any other PANYNJ resiliency projects for which FTA has provided funding. 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-2016-0035. 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-2016-0035. 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, FTA Assistant Chief Counsel, (202) 366-2217 or [email protected]. SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide notice and seek public comment on whether the FTA should grant a public interest waiver to the Port Authority of New York and New Jersey (PANYNJ) for the procurement of replacement equipment damaged by Hurricane Sandy at the World Trade Center Transportation Hub (WTC Hub) project. 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). If, however, FTA finds that the application of this requirement would be inconsistent with the public interest, it may waive this requirement. 49 U.S.C. 5323(j)(2)(A). In determining whether the conditions exist to grant a public interest waiver, FTA will consider all appropriate factors on a case-by-case basis, unless a general exception is specifically set out in this part. 49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(b). On May 13, 2015, PANYNJ requested a Buy America waiver for the replacement or repair of equipment damaged by Hurricane Sandy at the WTC Hub because the WTC Hub project is being constructed pursuant to a grant awarded in 2003, it is not feasible to replace the damaged equipment with equipment that is different than that used in the original project and it is in the public's interest to repair the damage at the WTC Hub as quickly as possible. 49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(b). Additionally, the underlying project is not subject to FTA's Buy America requirements. The September 11, 2001 terrorist attacks on the World Trade Center resulted in extensive damage to the WTC Hub. In August 2002, the Federal Emergency Management Agency (FEMA) entered into a memorandum of agreement with the U.S. Department of Transportation under which FEMA agreed to provide $2.75 billion to cover [[Page 77000]] expenses incurred in repairing or rebuilding public transportation facilities and systems damaged by the September 11, 2001 terrorist attacks. Under the agreement, FTA would serve as the lead agency to oversee the grant and the construction of the project. In December 2003, FTA entered into a grant agreement with PANYNJ to rebuild the WTC Hub. Because the WTC Hub project was funded with FEMA grant funds, FTA's Buy America requirements did not apply to the project. In October 2012, the WTC Hub project was an active construction site, with an estimated project completion date of December 2015. Hurricane Sandy caused extensive damage to the construction site, resulting in more than $214 million in damage to the construction site. FTA awarded PANYNJ two grants--NY-44-X005 for $54.24 million and NY-44- X014 for $159.72 million--in Hurricane Sandy recovery funds to be used for recovery and emergency repair work for the WTC Hub project. Because the repair work was for an ongoing construction project, PANYNJ was required to use existing contracts that were originally procured in accordance with the requirements for the FEMA-funded WTC Hub project. To apply FTA's Buy America requirements to replace or repair equipment installed on an ongoing construction project would result in significant delay to completion of the project, impact contracts awarded under the FEMA funds, and potentially impact previously provided warranties. Moreover, if granted, the public interest waiver would maintain overall consistency of administration, oversight and implementation of both the ongoing WTC Hub project and the WTC Hurricane Sandy recovery work. Accordingly, because the original project was funded by FEMA and therefore, not subject to FTA's Buy America regulations, FTA proposes a general public interest waiver of FTA's Buy America requirements for the two grants, NY-44-X005 for $54.24 million and NY-44-X014 for $159.72 million--awarded to PANYNJ. This public interest waiver is limited to the Hurricane Sandy recovery projects at the WTC Hub only, and does not apply to separately funded resiliency projects. FTA seeks comment from all interested parties on the above public interest waiver. 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 public interest waiver as a result of the comments received. Ellen Partridge, Chief Counsel. [FR Doc. 2016-26656 Filed 11-3-16; 8:45 am] BILLING CODE P
![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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![77000 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices
expenses incurred in repairing or waiver as a result of the comments incorporate the input of all the people
rebuilding public transportation received. and communities they touch.
facilities and systems damaged by the Additionally, the establishment of the
Ellen Partridge,
September 11, 2001 terrorist attacks. ACTE is necessary for the Department to
Chief Counsel.
Under the agreement, FTA would serve carry out its mission and in the public
[FR Doc. 2016–26656 Filed 11–3–16; 8:45 am] interest. The Committee will operate in
as the lead agency to oversee the grant
and the construction of the project. In BILLING CODE P accordance with the provisions of the
December 2003, FTA entered into a Federal Advisory Committee Act and
grant agreement with PANYNJ to the rules and regulations issued in
DEPARTMENT OF TRANSPORTATION implementation of that Act.
rebuild the WTC Hub. Because the WTC
Hub project was funded with FEMA Office of the Secretary FOR FURTHER INFORMATION CONTACT:
grant funds, FTA’s Buy America Barbara McCann, U.S. Department of
requirements did not apply to the [Docket No. DOT–OST–2016–0206] Transportation, Office of the Secretary,
project. Advisory Committee on Transportation Office of Policy, Room W84–310, 1200
In October 2012, the WTC Hub project Equity New Jersey Avenue SE., Washington,
was an active construction site, with an DC 20590; phone (202) 366–8016; email:
estimated project completion date of AGENCY: Office of the Secretary, U.S. Equity@dot.gov.
December 2015. Hurricane Sandy Department of Transportation (DOT). SUPPLEMENTARY INFORMATION: The
caused extensive damage to the ACTION: Notice of establishment of Secretary of Transportation will appoint
construction site, resulting in more than Advisory Committee on Transportation up to 15 voting members to the ACTE.
$214 million in damage to the Equity (ACTE). Members will be selected with a view
construction site. FTA awarded toward achieving varied perspectives on
SUMMARY: Pursuant to Section 9(a)(2) of
PANYNJ two grants—NY–44–X005 for transportation equity, including (1)
the Federal Advisory Committee Act
$54.24 million and NY–44–X014 for (FACA), and in accordance with Title academia; (2) community groups; (3)
$159.72 million—in Hurricane Sandy 41, Code of Federal Regulations, Section industry/business; (4) non-government
recovery funds to be used for recovery 102–3.65, and following consultation organizations; (5) State and local
and emergency repair work for the WTC with the Committee Management governments; and (6) federally
Hub project. Because the repair work Secretariat, General Services recognized tribal governments and
was for an ongoing construction project, Administration, notice is hereby given indigenous groups. The Secretary of
PANYNJ was required to use existing that the ACTE will be established for a Transportation will seek a membership
contracts that were originally procured 2-year period. that is fairly balanced in terms of points
in accordance with the requirements for The Committee will provide advice of view of the affected interests.
the FEMA-funded WTC Hub project. To and recommendations to the Secretary The Advisory Committee on
apply FTA’s Buy America requirements of Transportation on comprehensive, Transportation Equity’s efforts will
to replace or repair equipment installed interdisciplinary issues related to include evaluation of the Department’s
on an ongoing construction project transportation equity from a variety of work in using the principles above to
would result in significant delay to stakeholders involved in transportation achieve Opportunity objectives when
completion of the project, impact planning, design, research, policy, and carrying out its strategic, research,
contracts awarded under the FEMA advocacy. Specifically, the ACTE will technological, regulatory, community
funds, and potentially impact inform the Department about efforts to engagement, and economic policy
previously provided warranties. (1) institutionalize the U.S. DOT activities related to transportation and
Moreover, if granted, the public interest Opportunity principles into Agency opportunity.
programs, policies, regulations, and The Committee shall act solely in an
waiver would maintain overall
activities; (2) strengthen and establish advisory capacity and will not exercise
consistency of administration, oversight
partnerships with other governmental program management responsibilities.
and implementation of both the ongoing
agencies, including other Federal Decisions directly affecting
WTC Hub project and the WTC
agencies and State, tribal, or local implementation of transportation policy
Hurricane Sandy recovery work.
governments, regarding opportunity will remain with the Secretary.
Accordingly, because the original issues; (3) promote economic and Members of the Advisory Committee
project was funded by FEMA and related forms of opportunity by on Transportation Equity may be
therefore, not subject to FTA’s Buy empowering communities to have a selected to serve either as representative
America regulations, FTA proposes a meaningful voice in local and regional members or as members appointed
general public interest waiver of FTA’s transportation decisions; and (4) solely for their expertise. The latter will
Buy America requirements for the two sharpen enforcement tools to ensure serve as special Government employees
grants, NY–44–X005 for $54.24 million compliance with nondiscrimination and will be subject to certain ethical
and NY–44–X014 for $159.72 million— programs, policies, regulations, and restrictions, and such members will be
awarded to PANYNJ. This public activities. required to submit certain information
interest waiver is limited to the The U.S. DOT Opportunity principles in connection with the appointment
Hurricane Sandy recovery projects at are to: process.
the WTC Hub only, and does not apply Committee members may serve for a
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(1) Support transportation projects
to separately funded resiliency projects. that connect people to economic and term of 2 years or less and may be
FTA seeks comment from all interested related forms of opportunity and reappointed for successive terms, with
parties on the above public interest revitalize communities; no more than 2 successive terms. The
waiver. After consideration of the (2) Ensure that current and future Chair and Vice Chair of the Committee
comments, FTA will publish a second transportation projects connect and will be appointed by the Under
notice in the Federal Register with a strengthen communities; and Secretary of Transportation for Policy
response to comments and noting any (3) Develop transportation facilities from among the selected members, and
changes made to the public interest that meaningfully reflect and the Committee is expected to meet
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Document Created: 2018-02-14 08:26:25
Document Modified: 2018-02-14 08:26:25
| 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, FTA Assistant Chief Counsel, (202) 366-2217 or [email protected] | |
| FR Citation | 81 FR 76999 |
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