82_FR_46800 82 FR 46608 - Notice of Intent To Grant a Buy America Waiver to the City of Raleigh To Use Certain Non-Domestic Components of a Fire Alarm System

82 FR 46608 - Notice of Intent To Grant a Buy America Waiver to the City of Raleigh To Use Certain Non-Domestic Components of a Fire Alarm System

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range46608-46609
FR Document2017-21441

FRA is issuing this notice to advise the public it intends to grant the City of Raleigh (City) a waiver from FRA's Buy America requirement to use certain non-domestic components of a fire alarm system Code Electric, Inc. provided for the Raleigh Union Station project, in partnership with the North Carolina Department of Transportation (NCDOT). Code Electric, Inc. is an electrical contractor for the Raleigh Union Station project.

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017) 
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46608-46609]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21441]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]


Notice of Intent To Grant a Buy America Waiver to the City of 
Raleigh To Use Certain Non-Domestic Components of a Fire Alarm System

AGENCY: Federal Railroad Administration (FRA), United States Department 
of Transportation (DOT).

ACTION: Notice of intent to grant Buy America waiver.

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SUMMARY: FRA is issuing this notice to advise the public it intends to 
grant the City of Raleigh (City) a waiver from FRA's Buy America 
requirement to use certain non-domestic components of a fire alarm 
system Code Electric, Inc. provided for the Raleigh Union Station 
project, in partnership with the North Carolina Department of 
Transportation (NCDOT). Code Electric, Inc. is an electrical contractor 
for the Raleigh Union Station project.

DATES: Written comments on FRA's determination to grant a Buy America 
waiver to the City should be provided to the FRA on or before October 
12, 2017.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FRA-2012-0033. All 
electronic submissions must be made to the U.S. Government electronic 
site at http://www.regulations.gov. Commenters should follow the 
instructions below for mailed and hand-delivered comments:
    (1) Web site: http://www.regulations.gov. Follow the instructions 
for submitting comments on the U.S. Government electronic docket site;
    (2) Fax: (202) 493-2251;
    (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Docket Operations, M-30, Room W12-140, Washington, DC 20590-0001; 
or
    (4) Hand Delivery: Room W12-140 on the first floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must reference the ``Federal Railroad 
Administration'' and include docket number FRA-2012-0033. Due to 
security procedures in effect since October 2001, mail received through 
the U.S. Postal Service may be subject to delays. Parties submitting 
responses to this notice should consider using an express mail firm to 
ensure the prompt filing of any submissions not filed electronically or 
by hand. Note that all submissions received, including any personal 
information therein, will be posted without change or alteration to 
http://www.regulations.gov. For more information, you may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477), or visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor, 
FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 10, 
Washington, DC 20590, (202) 493-0078, [email protected].

SUPPLEMENTARY INFORMATION: FRA provided information on its reasons for 
granting this waiver in a letter to the City of Raleigh, quoted below:

Mr. Richard L. Kelly
Engineering Services Director
City of Raleigh
One Exchange Plaza
219 Fayetteville Street, Suite 801
Raleigh, NC 27601

Re: Request for Waiver of Buy America Requirement

Dear Mr. Kelly:
    On September 23, 2016, Code Electric, Inc. requested a waiver 
from the Federal Railroad Administration's (FRA) Buy America 
requirement (49 U.S.C. 24405(a)) to use certain components of a fire 
alarm system, which cannot be sourced in the United States, in the 
Raleigh Union Station project (Project). The Project is for 
construction of a passenger train station in downtown Raleigh that 
will replace the existing Amtrak station. The City of Raleigh 
(City), through its contractor, awarded Code Electric, Inc. the 
electrical construction sub-contract for the Project. The $90 
million project is funded in part by two Transportation 
Infrastructure Generating Economic Recovery grants of $26.5 million 
from Fiscal Year (FY) 2012 and $11.5 million from FY 2013 to the 
City, and $15 million from a $520 million American Recovery and 
Reinvestment Act of 2009 grant to the North Carolina Department of 
Transportation. FRA is providing its decision on the waiver to the 
City as the FRA grant recipient for this Project.
    The Project is subject to 49 U.S.C. 24405(a)(1). Section 
24405(a)(1) requires the steel, iron, and manufactured goods used in 
a project to be produced in the United States. FRA may waive the Buy 
America requirements if FRA finds that: (1) Applying the 
requirements would be inconsistent with the public interest; (2) the 
steel, iron, and goods manufactured in the United States are not 
produced in sufficient and reasonably available amounts or are not 
of a satisfactory quality; (3) rolling stock or power train 
equipment cannot be bought or delivered to the United States within 
a reasonable time; or (4) including domestic material will increase 
the cost of the overall project by more than 25 percent.
    For the reasons stated in this letter, FRA grants a ``non-
availability'' Buy America waiver. This waiver applies only to this 
Project.
    Code Electric seeks a waiver for the following components 
(Components) for use in the Project:

----------------------------------------------------------------------------------------------------------------
                Description                      Quantity                 Description                Quantity
----------------------------------------------------------------------------------------------------------------
Addressable Pull Station...................              15   Addressable Module Flush Cover....              22
Duct Sensor Housing........................               6   Overvoltage Suppressor............               1
Remote Test Station........................               6   Relay IAM.........................              13
Sampling Tube 73, Plastic.......               6   Addressable Module Flush Cover....              13
Relay IAM..................................               6   Relay Id NET 2 IAM W/T Sense......               1
Addressable Module Flush Cover.............               6   10 AH Battery.....................               2
Indoor/Outdoor Surface Back Box............               8   Address Module Isolator...........              10
Speaker Low Profile Ceiling Mount..........               9   Addressable Module Flush Cover....              10
Supervised IAM.............................              22   50 AH Battery.....................               4
IAM Bracket................................              22   Laptop............................               1
----------------------------------------------------------------------------------------------------------------

    The total cost of the fire alarm system is less than $30,000, 
and the total cost of the non-U.S. manufactured components is less 
than $10,000.
    Code Electric asserts the following facts in support of the 
waiver request:

[[Page 46609]]

     Code Electric received several bids for the fire alarm 
system from suppliers Honeywell, Tyco Simplex Grinnell, and Edwards 
(United Technologies). Although these suppliers source many fire 
alarm system components from U.S. manufacturers, none of the 
suppliers offered a one hundred percent Buy America-compliant 
system. All fire alarm system suppliers use a mix of foreign and US-
made components; and
     The foreign components used by suppliers vary. However, 
due to programming, interoperability, and certification issues, the 
components are not interchangeable among systems. Therefore, 
suppliers cannot swap out components to meet Buy America.
    FRA independently verified these assertions with its Monitoring 
and Technical Assistance Contractor (MTAC), TranSystems. An 
electrical engineer from FRA's MTAC explained that large 
international suppliers source or manufacture pieces of the fire 
alarm system in different countries. Further, many portions of the 
system are addressable (individually programmable), which means the 
software and hardware must be compatible and tested. In addition, 
fire alarm components and systems are UL[supreg] listed. UL[supreg] 
is a third-party, independent company that certifies safety 
compliance of many systems and their components, including fire 
alarm systems. Attempting to swap pieces of a fire alarm system 
would jeopardize its UL[supreg] listing and could cause product 
warranty and liability issues.
    FRA concludes a waiver is appropriate under 49 U.S.C. 
24405(a)(2)(B) for the Components because domestically-produced 
Components are not currently ``produced in sufficient and reasonably 
available amounts.'' 49 U.S.C. 24405(a)(2)(B). FRA bases this 
determination on the following:
     For competitively bid, commercial products for 
buildings, such as fire alarm systems, FRA views receiving no Buy 
America-compliant bids as presumptive evidence the conditions exist 
to grant a non-availability waiver;
     On October 28, 2016, FRA provided public notice of this 
waiver request and a 15-day opportunity for comment on its Web site. 
FRA also emailed notice to over 6,000 recipients that requested Buy 
America notices through ``GovDelivery.'' FRA received one comment. 
However, the commenter did not provide any information about a 
domestic source for a fully Buy America-compliant fire alarm system; 
and
     FRA's MTAC concurred with Code Electric that due to 
programming, interoperability, and certification issues, components 
are not interchangeable among systems. Therefore, fire alarm system 
suppliers cannot swap out components to meet Buy America.
    This waiver applies only to this Project for these specific 
components.
    Under 49 U.S.C. 24405(a)(4), FRA will publish this letter 
granting the Buy America waiver to the City in the Federal Register 
and provide notice of such finding and an opportunity for public 
comment after which this waiver will become effective.
    Questions about this letter can be directed to, John Johnson, 
Attorney-Advisor, at [email protected] or (202) 493-0078.

Sincerely,

Heath Hall
Acting Administrator

cc: Code Electric, Inc.

Brett A. Jortland,
Acting Deputy Chief Counsel.
[FR Doc. 2017-21441 Filed 10-4-17; 8:45 am]
 BILLING CODE 4910-06-P

46608 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices was maintained prior to being granted; Commenters should follow the Engineering Services Director or (3) continuation of the exemption instructions below for mailed and hand- City of Raleigh would not be consistent with the goals delivered comments: One Exchange Plaza and objectives of 49 U.S.C. 31136 and (1) Web site: http:// 219 Fayetteville Street, Suite 801 31315. www.regulations.gov. Follow the Raleigh, NC 27601 instructions for submitting comments Re: Request for Waiver of Buy America Issued on: September 19, 2017. on the U.S. Government electronic Requirement Larry W. Minor, docket site; Dear Mr. Kelly: Associate Administrator for Policy. (2) Fax: (202) 493–2251; On September 23, 2016, Code Electric, Inc. [FR Doc. 2017–21455 Filed 10–4–17; 8:45 am] (3) Mail: U.S. Department of requested a waiver from the Federal Railroad BILLING CODE 4910–EX–P Transportation, 1200 New Jersey Administration’s (FRA) Buy America Avenue SE., Docket Operations, M–30, requirement (49 U.S.C. 24405(a)) to use Room W12–140, Washington, DC certain components of a fire alarm system, DEPARTMENT OF TRANSPORTATION 20590–0001; or which cannot be sourced in the United (4) Hand Delivery: Room W12–140 on States, in the Raleigh Union Station project Federal Railroad Administration the first floor of the West Building, 1200 (Project). The Project is for construction of a New Jersey Avenue SE., Washington, passenger train station in downtown Raleigh [Docket No. FRA–2012–0033] that will replace the existing Amtrak station. DC 20590, between 9 a.m. and 5 p.m., The City of Raleigh (City), through its Notice of Intent To Grant a Buy Monday through Friday, except Federal contractor, awarded Code Electric, Inc. the America Waiver to the City of Raleigh holidays. electrical construction sub-contract for the To Use Certain Non-Domestic Instructions: All submissions must Project. The $90 million project is funded in Components of a Fire Alarm System reference the ‘‘Federal Railroad part by two Transportation Infrastructure Administration’’ and include docket Generating Economic Recovery grants of AGENCY: Federal Railroad number FRA–2012–0033. Due to $26.5 million from Fiscal Year (FY) 2012 and Administration (FRA), United States security procedures in effect since $11.5 million from FY 2013 to the City, and Department of Transportation (DOT). October 2001, mail received through the $15 million from a $520 million American ACTION: Notice of intent to grant Buy U.S. Postal Service may be subject to Recovery and Reinvestment Act of 2009 grant America waiver. delays. Parties submitting responses to to the North Carolina Department of this notice should consider using an Transportation. FRA is providing its decision SUMMARY: FRA is issuing this notice to express mail firm to ensure the prompt on the waiver to the City as the FRA grant advise the public it intends to grant the recipient for this Project. City of Raleigh (City) a waiver from filing of any submissions not filed The Project is subject to 49 U.S.C. FRA’s Buy America requirement to use electronically or by hand. Note that all 24405(a)(1). Section 24405(a)(1) requires the certain non-domestic components of a submissions received, including any steel, iron, and manufactured goods used in fire alarm system Code Electric, Inc. personal information therein, will be a project to be produced in the United States. provided for the Raleigh Union Station posted without change or alteration to FRA may waive the Buy America project, in partnership with the North http://www.regulations.gov. For more requirements if FRA finds that: (1) Applying Carolina Department of Transportation information, you may review DOT’s the requirements would be inconsistent with (NCDOT). Code Electric, Inc. is an complete Privacy Act Statement in the the public interest; (2) the steel, iron, and electrical contractor for the Raleigh Federal Register published on April 11, goods manufactured in the United States are 2000 (65 FR 19477), or visit http:// not produced in sufficient and reasonably Union Station project. www.regulations.gov. available amounts or are not of a satisfactory DATES: Written comments on FRA’s quality; (3) rolling stock or power train determination to grant a Buy America FOR FURTHER INFORMATION CONTACT: Mr. equipment cannot be bought or delivered to waiver to the City should be provided John Johnson, Attorney-Advisor, FRA the United States within a reasonable time; to the FRA on or before October 12, Office of Chief Counsel, 1200 New or (4) including domestic material will 2017. Jersey Avenue SE., Mail Stop 10, increase the cost of the overall project by ADDRESSES: Please submit your Washington, DC 20590, (202) 493–0078, more than 25 percent. John.Johnson@dot.gov. For the reasons stated in this letter, FRA comments by one of the following grants a ‘‘non-availability’’ Buy America means, identifying your submissions by SUPPLEMENTARY INFORMATION: FRA provided information on its reasons for waiver. This waiver applies only to this docket number FRA–2012–0033. All Project. electronic submissions must be made to granting this waiver in a letter to the Code Electric seeks a waiver for the the U.S. Government electronic site at City of Raleigh, quoted below: following components (Components) for use http://www.regulations.gov. Mr. Richard L. Kelly in the Project: Description Quantity Description Quantity Addressable Pull Station ............................................... 15 Addressable Module Flush Cover ............................... 22 Duct Sensor Housing .................................................... 6 Overvoltage Suppressor .............................................. 1 Remote Test Station ..................................................... 6 Relay IAM .................................................................... 13 Sampling Tube 73″, Plastic .......................................... 6 Addressable Module Flush Cover ............................... 13 Relay IAM ..................................................................... 6 Relay Id NET 2 IAM W/T Sense ................................. 1 Addressable Module Flush Cover ................................ 6 10 AH Battery .............................................................. 2 Indoor/Outdoor Surface Back Box ................................ 8 Address Module Isolator .............................................. 10 ethrower on DSK3G9T082PROD with NOTICES Speaker Low Profile Ceiling Mount .............................. 9 Addressable Module Flush Cover ............................... 10 Supervised IAM ............................................................. 22 50 AH Battery .............................................................. 4 IAM Bracket .................................................................. 22 Laptop .......................................................................... 1 The total cost of the fire alarm system is non-U.S. manufactured components is less Code Electric asserts the following facts in less than $30,000, and the total cost of the than $10,000. support of the waiver request: VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1

Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 46609 • Code Electric received several bids for Sincerely, the Commonwealth of Puerto Rico (DR– the fire alarm system from suppliers Heath Hall 4340). Honeywell, Tyco Simplex Grinnell, and Acting Administrator This Waiver Order covers all areas Edwards (United Technologies). Although these suppliers source many fire alarm cc: Code Electric, Inc. identified in the Declarations. Pursuant system components from U.S. manufacturers, Brett A. Jortland, to 49 U.S.C. 5103(c), PHMSA has none of the suppliers offered a one hundred authority delegated by the Secretary (49 Acting Deputy Chief Counsel. percent Buy America-compliant system. All CFR 1.97(b)(3)) to waive compliance fire alarm system suppliers use a mix of [FR Doc. 2017–21441 Filed 10–4–17; 8:45 am] with any part of the HMR provided that foreign and US-made components; and BILLING CODE 4910–06–P the grant of the waiver is: (1) In the • The foreign components used by public interest; (2) not inconsistent with suppliers vary. However, due to programming, interoperability, and the safety of transporting hazardous DEPARTMENT OF TRANSPORTATION materials; and (3) necessary to facilitate certification issues, the components are not interchangeable among systems. Therefore, Pipeline and Hazardous Materials the safe movement of hazardous suppliers cannot swap out components to Safety Administration materials into, from, and within an area meet Buy America. of a major disaster or emergency that FRA independently verified these [Docket No. PHMSA–2017–0130; Notice No. has been declared under the Robert T. assertions with its Monitoring and Technical 2017–11] Stafford Disaster Relief and Emergency Assistance Contractor (MTAC), TranSystems. Assistance Act (42 U.S.C. 5121 et seq.). An electrical engineer from FRA’s MTAC Hazardous Materials: Emergency explained that large international suppliers Given the continuing impacts caused Waiver No. 5 source or manufacture pieces of the fire by Hurricane Maria, PHMSA’s Acting alarm system in different countries. Further, AGENCY: Pipeline and Hazardous Administrator has determined that many portions of the system are addressable Materials Safety Administration regulatory relief is in the public interest (individually programmable), which means (PHMSA), DOT. and necessary to ensure the safe the software and hardware must be transportation in commerce of ACTION: Notice of emergency waiver compatible and tested. In addition, fire alarm hazardous materials while the Puerto components and systems are UL® listed. UL® order. is a third-party, independent company that Rican government executes its recovery SUMMARY: The Pipeline and Hazardous and cleanup efforts. Specifically, certifies safety compliance of many systems and their components, including fire alarm Materials Safety Administration is PHMSA’s Acting Administrator finds systems. Attempting to swap pieces of a fire issuing an emergency waiver order to that issuing this Waiver Order will alarm system would jeopardize its UL® persons conducting operations under allow for the safe transportation of fuel. listing and could cause product warranty and the direction of the Puerto Rico Public By execution of this Waiver Order, the liability issues. Service Commission within the hazardous materials training, testing, FRA concludes a waiver is appropriate Hurricane Maria emergency and disaster and certification requirements in 49 under 49 U.S.C. 24405(a)(2)(B) for the areas of Puerto Rico. This Waiver Order Components because domestically-produced CFR part 172 subpart H and part 177 are Components are not currently ‘‘produced in is effective September 28, 2017, and waived except as specified below for sufficient and reasonably available amounts.’’ shall remain in effect for 7 days from the persons conducting operations under 49 U.S.C. 24405(a)(2)(B). FRA bases this date of issuance. the direction of the Puerto Rico Public determination on the following: FOR FURTHER INFORMATION CONTACT: Service Commission within the • For competitively bid, commercial Adam Horsley, Deputy Assistant Chief Hurricane Maria emergency and disaster products for buildings, such as fire alarm Counsel for Hazardous Materials Safety, areas of Puerto Rico. Such persons are systems, FRA views receiving no Buy Pipeline and Hazardous Materials Safety authorized to offer and transport fuel America-compliant bids as presumptive evidence the conditions exist to grant a non- Administration, telephone: (202) 366– provided that the following conditions availability waiver; 4400. are met: • On October 28, 2016, FRA provided SUPPLEMENTARY INFORMATION: In (1) The transport of the fuel must be public notice of this waiver request and a 15- accordance with the provisions of 49 accompanied by a law enforcement or day opportunity for comment on its Web site. U.S.C. 5103(c), the Acting Administrator military escort; FRA also emailed notice to over 6,000 (2) The escort vehicle must have a recipients that requested Buy America for the Pipeline and Hazardous Materials Safety Administration copy of the Emergency Response notices through ‘‘GovDelivery.’’ FRA received one comment. However, the (PHMSA), hereby declares that an Guidebook, Response Guide 128; commenter did not provide any information emergency exists that warrants issuance (3) Drivers must have three years of about a domestic source for a fully Buy of a Waiver of the Hazardous Materials professional driving experience and America-compliant fire alarm system; and Regulations (HMR, 49 CFR parts 171– otherwise be licensed to operate the • FRA’s MTAC concurred with Code 180) to persons conducting operations vehicle based on its size and weight; Electric that due to programming, under the direction of the Puerto Rico and interoperability, and certification issues, (4) Unloading procedures must be components are not interchangeable among Public Service Commission (Carr. 8838 Km. 8.3, Sector El Cinco, San Juan, PR overseen by a qualified person as systems. Therefore, fire alarm system suppliers cannot swap out components to 00926) within the Hurricane Maria defined in 49 CFR 177. 834(i)(4) or a meet Buy America. emergency and disaster areas of Puerto driver who has received training (testing This waiver applies only to this Project for Rico. The Waiver is granted to support and certification is not required) that these specific components. the government of Puerto Rico in includes, at a minimum, these items: Under 49 U.S.C. 24405(a)(4), FRA will facilitating the transport of essential (a) Bonding the cargo tank; ethrower on DSK3G9T082PROD with NOTICES publish this letter granting the Buy America fuel. (b) Preventing overfilling of tanks at waiver to the City in the Federal Register and On September 18, 2017, the President point of delivery; provide notice of such finding and an issued an Emergency Declaration for (c) Controlling the flow of product; opportunity for public comment after which this waiver will become effective. Hurricane Maria for the Commonwealth (d) Using emergency cut-off Questions about this letter can be directed of Puerto Rico (EM–3391). On equipment; and to, John Johnson, Attorney-Advisor, at September 20, 2017, the President (e) Securing unloading equipment for John.Johnson@dot.gov or (202) 493–0078. issued a Major Disaster Declaration for transport. VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1


Document Created: 2017-10-05 00:53:35
Document Modified: 2017-10-05 00:53:35
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 intent to grant Buy America waiver.
DatesWritten comments on FRA's determination to grant a Buy America waiver to the City should be provided to the FRA on or before October 12, 2017.
ContactMr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590, (202) 493-0078, [email protected]
FR Citation82 FR 46608 
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