81_FR_89811 81 FR 89573 - Notice of Buy America Waiver for Ultrastraight Rail

81 FR 89573 - Notice of Buy America Waiver for Ultrastraight Rail

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 238 (December 12, 2016)

Page Range89573-89574
FR Document2016-29684

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 approximately 15,100 feet ultrastraight rail for a portion of its Northgate Link light rail extension to avoid exceedance of contractually-mandated vibration thresholds. The FTA hereby waives its Buy America requirements, finding that the materials for which the waiver is requested are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality. This waiver is limited to a single procurement by Sound Transit.

Federal Register, Volume 81 Issue 238 (Monday, December 12, 2016) 
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89573-89574]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29684]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0037]


Notice of Buy America Waiver for Ultrastraight Rail

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America waiver.

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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 approximately 15,100 
feet ultrastraight rail for a portion of its Northgate Link light rail 
extension to avoid exceedance of contractually-mandated vibration 
thresholds. The FTA hereby waives its Buy America requirements, finding 
that the materials for which the waiver is requested are not produced 
in the United States in sufficient and reasonably available quantities 
and of satisfactory quality. This waiver is limited to a single 
procurement by Sound Transit.

DATES: The waiver is effective immediately.

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 announce 
that FTA has granted a Buy America non-availability waiver for Sound 
Transit for the procurement of approximately 15,100 feet of 
ultrastraight rail pursuant to 49 U.S.C. 5323(j)(2)(B) and 49 CFR 
661.7(c).
    With certain exceptions, FTA's Buy America requirements prevent FTA 
from obligating an amount that may be appropriated to carry out its 
program for a project unless ``the steel, iron, and manufactured goods 
used in the project are produced in the United States.'' 49 U.S.C. 
5323(j)(1). A manufactured product is considered produced in the United 
States if: (1) All of the manufacturing processes for the product take 
place in the United States; and (2) all of the components of the 
product are of U.S. origin. A component is considered of U.S. origin if 
it is manufactured in the United States, regardless of the origin of 
its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that 
``the steel, iron, and goods produced in the United States are not 
produced in a sufficient and reasonably available amount or are not of 
a satisfactory quality,'' then FTA may issue a non-availability waiver. 
49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). ``It will be presumed that 
the conditions exist to grant this non-availability waiver if no 
responsive and responsible bid is received offering an item produced in 
the United States.'' 49 CFR 661.7(c)(1).
    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 
ultrastraight 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

[[Page 89574]]

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. FTA 
published a notice in the Federal Register announcing the Buy America 
waiver request (Docket No. FTA-2016-0037) and sought comments from all 
interested parties, including potential vendors and suppliers. The 
comment period closed on November 8, 2016, and no comments were 
received.
    Therefore, based on the information supplied in support of Sound 
Transit's request for a Buy America waiver and the lack of any 
comments, FTA hereby waives its Buy America requirements for the 
procurement of ultrastraight rail on the grounds that the manufactured 
product is not available in the U.S. This waiver is limited to a single 
procurement by Sound Transit for the procurement of approximately 
15,100 feet of ultrastraight rail.

Ellen Partridge,
Chief Counsel.
[FR Doc. 2016-29684 Filed 12-9-16; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 89573 rebuild the WTC Hub. Because the WTC million—awarded to PANYNJ. This take place in the United States; and (2) Hub project was funded with FEMA public interest waiver is limited to the all of the components of the product are grant funds, FTA’s Buy America Hurricane Sandy recovery projects at of U.S. origin. A component is requirements did not apply to the the WTC Hub only, and does not apply considered of U.S. origin if it is project. to separately funded resiliency projects. manufactured in the United States, In October 2012, the WTC Hub project regardless of the origin of its Ellen Partridge, was an active construction site, with an subcomponents. 49 CFR 661.5(d). If, estimated project completion date of Chief Counsel. however, FTA determines that ‘‘the December 2015. Hurricane Sandy [FR Doc. 2016–29686 Filed 12–9–16; 8:45 am] steel, iron, and goods produced in the caused extensive damage to the BILLING CODE P United States are not produced in a construction site, resulting in more than sufficient and reasonably available $214 million in damage to the amount or are not of a satisfactory construction site. FTA awarded DEPARTMENT OF TRANSPORTATION quality,’’ then FTA may issue a non- PANYNJ two grants—NY–44–X005 for availability waiver. 49 U.S.C. Federal Transit Administration $54.24 million and NY–44–X014 for 5323(j)(2)(B); 49 CFR 661.7(c). ‘‘It will $159.72 million—in Hurricane Sandy [Docket No. FTA–2016–0037] be presumed that the conditions exist to recovery funds to be used for recovery grant this non-availability waiver if no and emergency repair work for the WTC Notice of Buy America Waiver for responsive and responsible bid is Hub project. Because the repair work Ultrastraight Rail received offering an item produced in was for an ongoing construction project, AGENCY: Federal Transit Administration, the United States.’’ 49 CFR 661.7(c)(1). PANYNJ was required to use existing DOT. Sound Transit’s Northgate Link contracts that were originally procured ACTION: Notice of Buy America waiver. extension is a $1.9 billion rail project in accordance with the requirements for that consists of 4.3 miles and 3 new the FEMA-funded WTC Hub project. To SUMMARY: The Federal Transit stations, and runs through residential apply FTA’s Buy America requirements Administration (FTA) received a request and employment areas, including the to replace or repair equipment installed from the Central Puget Sound Transit University of Washington. on an ongoing construction project Authority (Sound Transit) for a Buy Approximately 15,100 feet of that would result in significant delay to America non-availability waiver for the extension will run under the University completion of the project, impact procurement of ultrastraight rail. Sound of Washington’s Health Sciences and contracts awarded under the FEMA Transit seeks to procure approximately Physics-Astronomy buildings, which funds, and potentially impact 15,100 feet ultrastraight rail for a house precision-measurement previously provided warranties. portion of its Northgate Link light rail laboratories and experiments conducted Moreover, a public interest waiver extension to avoid exceedance of by Nobel Prize winning faculty. The would maintain overall consistency of contractually-mandated vibration project’s potential impact on the administration, oversight and thresholds. The FTA hereby waives its University’s buildings was considered implementation of both the ongoing Buy America requirements, finding that as part of the environmental review WTC Hub project and the WTC the materials for which the waiver is process required by the National Hurricane Sandy recovery work. requested are not produced in the Environmental Policy Act (NEPA). In On November 4, 2016, and in United States in sufficient and 2006, FTA issued a final Record of accordance with 49 U.S.C. 5323(j)(3)(A), reasonably available quantities and of Decision (ROD) for the project, and FTA published a notice in the Federal satisfactory quality. This waiver is required implementation of mitigation Register announcing PANYNJ’s Buy limited to a single procurement by measures, including a measure that America waiver request (81 FR 76999) Sound Transit. would minimize vibration under the seeking public comment. The comment DATES: The waiver is effective University buildings. Sound Transit period closed on November 14, 2016, immediately. then executed a 2007 agreement with and FTA received one comment. The the University of Washington in which comment was provided by a private FOR FURTHER INFORMATION CONTACT: Sound Transit agreed to not exceed citizen who supports granting the Cecelia Comito, Assistant Chief specified vibration thresholds, which waiver. The commenter noted that the Counsel, at (202) 366–2217 or could be met through use of WTC Hub is a critical connection for cecelia.comito@dot.gov. ultrastraight rail, with parameters for Lower Manhattan employers and New SUPPLEMENTARY INFORMATION: The that ultrastraight rail based on American Jersey employees. The commenter also purpose of this notice is to announce Railway Engineers Maintenance-of-Way noted while projects that abide to the that FTA has granted a Buy America Association (‘‘AREMA’’) standards. Buy America requirements promote non-availability waiver for Sound Sound Transit contacted domestic rail domestic industry and the livelihoods Transit for the procurement of manufacturers regarding their ability to or hard-working Americans, that approximately 15,100 feet of produce ultrastraight rail within the occurrences like Hurricane Sandy ultrastraight rail pursuant to 49 U.S.C. agreed upon AREMA specifications for demonstrate the need for flexibility to 5323(j)(2)(B) and 49 CFR 661.7(c). the rail. Two leading manufacturers, waive Buy America under certain With certain exceptions, FTA’s Buy Steel Dynamics, Inc. (SDI) and EVRAZ circumstances. America requirements prevent FTA North America (EVRAZ), stated Accordingly, because the original from obligating an amount that may be unequivocally that they are unable to project was funded by FEMA and appropriated to carry out its program for fabricate rail that meets the mstockstill on DSK3G9T082PROD with NOTICES therefore, not subject to FTA’s Buy a project unless ‘‘the steel, iron, and specification. Sound Transit America regulations, and the lack of any manufactured goods used in the project subsequently explored using comments opposing the waiver, FTA is are produced in the United States.’’ 49 domestically-sourced, milled rail. granting a general public interest waiver U.S.C. 5323(j)(1). A manufactured However, testing of the as-installed of FTA’s Buy America requirements for product is considered produced in the milled rail found that the rail failed to the two grants, NY–44–X005 for $54.24 United States if: (1) All of the meet the applicable vibration million and NY–44–X014 for $159.72 manufacturing processes for the product thresholds. Due to its unsuccessful VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 E:\FR\FM\12DEN1.SGM 12DEN1

89574 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices efforts to procure domestically-sourced ADDRESSES: Submit written comments information was published at 81 FR ultrastraight rail within the vibration on the collection of information through 66136 on September 26, 2016, thresholds, Sound Transit seeks a non- Federal Docket Management System Affected Public: Individuals or availability waiver of the Buy America (FDMS) at www.Regulations.gov or to households interring Veterans or requirements for domestically-sourced Office of Information and Regulatory eligible dependents, and funeral steel. FTA published a notice in the Affairs, Office of Management and directors facilitating such interments. Federal Register announcing the Buy Budget, Attn: VA Desk Officer; 725 17th Estimated Annual Burden Hours, America waiver request (Docket No. St. NW., Washington, DC 20503 or sent Burden per Respondents, and Number FTA–2016–0037) and sought comments through electronic mail to oira_ of Respondents: from all interested parties, including submission@omb.eop.gov. Please refer I. National Cemetery Administration potential vendors and suppliers. The to ‘‘OMB Control No. 2900–0571’’ in Mail Surveys comment period closed on November 8, any correspondence. During the 2016, and no comments were received. comment period, comments may be a. Next of Kin National Customer Therefore, based on the information viewed online through the FDMS. Satisfaction Survey (Mail to 15,000 supplied in support of Sound Transit’s respondents/30 minutes per survey) = FOR FURTHER INFORMATION CONTACT: request for a Buy America waiver and 7,500 hours. Cynthia Harvey-Pryor, Enterprise b. Funeral Directors National the lack of any comments, FTA hereby Records Service (005R1B), Department waives its Buy America requirements Customer Satisfaction Survey (Mail to of Veterans Affairs, 810 Vermont 4,000 respondents/30 minutes per for the procurement of ultrastraight rail Avenue NW., Washington, DC 20420, on the grounds that the manufactured survey) = 2,000 hours. (202) 461–5870 or email cynthia.harvey- c. Veterans-At-Large National product is not available in the U.S. This pryor@va.gov. Please refer to ‘‘OMB waiver is limited to a single Customer Satisfaction Survey (Mail to Control No. 2900–0571.’’ 5,000 respondents/30 minutes per procurement by Sound Transit for the procurement of approximately 15,100 SUPPLEMENTARY INFORMATION: Under the survey) = 2,500 hours. feet of ultrastraight rail. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. 3501–21), Federal agencies must obtain IV. Program/Specialized Service Survey Ellen Partridge, approval from the Office of Management National Cemetery Administration Chief Counsel. and Budget (OMB) for each collection of Headstone and Marker/PMC Survey [FR Doc. 2016–29684 Filed 12–9–16; 8:45 am] information they conduct or sponsor. (Mail to 6,000 surveys/15 minutes per BILLING CODE P This request for comment is being made each) = 1,000. pursuant to Section 3506(c)(2)(A) of the Frequency of Response: Annually. PRA. By direction of the Secretary. DEPARTMENT OF VETERANS With respect to the following Cynthia Harvey-Pryor, AFFAIRS collection of information, NCA invites Program Specialist, Office of Privacy and comments on: (1) Whether the proposed Records Management, Department of [OMB Control No. 2900–0571] collection of information is necessary Veterans Affairs. Agency Information Collection Activity for the proper performance of NCA’s [FR Doc. 2016–29665 Filed 12–9–16; 8:45 am] Under OMB Review: (Customer functions, including whether the BILLING CODE 8320–01–P Satisfaction Surveys) information will have practical utility; (2) the accuracy of NCA’s estimate of the AGENCY: National Cemetery burden of the proposed collection of DEPARTMENT OF VETERANS Administration, Department of Veterans information; (3) ways to enhance the AFFAIRS Affairs. quality, utility, and clarity of the ACTION: Notice. information to be collected; and (4) [OMB Control No. 2900–0554] ways to minimize the burden of the SUMMARY: The Department of Veterans Agency Information Collection Activity collection of information on Affairs (VA) National Cemetery Under OMB Review: (VA Homeless respondents, including through the use Administration (NCA) is announcing an Providers Grant and Per Diem of automated collection techniques or opportunity for public comment on the Program) the use of other forms of information proposed collection of certain technology. AGENCY: Veterans Health information by the agency. Under the Title: Customer Satisfaction Surveys. Administration, Department of Veterans Paperwork Reduction Act (PRA) of OMB Control Number: 2900–0571. Affairs. 1995, Federal agencies are required to Type of Review: Revision of an ACTION: Notice. publish notice in the Federal Register approved collection. concerning each proposed collection of Abstract: Improving Customer Service SUMMARY: In compliance with the information, including each revised through Effective Performance Paperwork Reduction Act (PRA) of 1995 collection allow 30 days for public Management, NCA will conduct surveys (44 U.S.C. 3501–3521), this notice comment in response to the notice. This to determine the level of satisfaction announces that the Veterans Health notice solicits comments on the with existing services among their Administration (VHA), Department of collection of perceptions of the quality customers. The surveys will solicit Veterans Affairs, will submit the of service afforded by the National voluntary opinions and are not intended collection of information abstracted Cemetery Administration as judged by to collect information required to obtain below to the Office of Management and mstockstill on DSK3G9T082PROD with NOTICES next of kin of those interred, or funeral or maintain eligibility for a VA program Budget (OMB) for review and comment. directors who facilitate these or benefit. Baseline data obtained The PRA submission describes the interments. through these information collections nature of the information collection and DATES: Written comments and are used to validate customer service its expected cost and burden; it includes recommendations on the proposed standards. The Federal Register Notice the actual data collection instrument. collection of information should be with a 60-day comment period soliciting DATES: Comments must be submitted on received on or before January 11, 2017. comments on this collection of or before January 11, 2017. VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 E:\FR\FM\12DEN1.SGM 12DEN1


Document Created: 2018-02-14 09:05:16
Document Modified: 2018-02-14 09:05:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Buy America waiver.
DatesThe waiver is effective immediately.
ContactCecelia Comito, Assistant Chief Counsel, at (202) 366-2217 or [email protected]
FR Citation81 FR 89573 
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