82 FR 49932 - Notice of Proposed Buy America Waiver for Motor Brakes and Machinery Brakes for the SE 3rd Avenue Bascule Bridge Modification in Fort Lauderdale, Florida
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 82, Issue 207 (October 27, 2017)
Federal Transit Administration
Federal Register Volume 82, Issue 207 (October 27, 2017)
| Page Range | 49932-49934 | |
| FR Document | 2017-23381 |
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)] [Notices] [Pages 49932-49934] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23381] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2017-0014] Notice of Proposed Buy America Waiver for Motor Brakes and Machinery Brakes for the SE 3rd Avenue Bascule Bridge Modification in Fort Lauderdale, Florida 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 [[Page 49933]] from the Florida Department of Transportation (FDOT) for a Buy America non-availability waiver for the procurement of motor brakes and machinery brakes (collectively, ``the brake units'') for the SE 3rd Avenue Bascule Bridge Modification in Fort Lauderdale, Florida, as part of the Wave Streetcar project because there are no domestic manufacturers of the brake units. FTA is providing notice of the non- availability waiver request and seeks public comment before deciding whether to grant FDOT's request. The size of the disc and drum brakes required for this bridge are not domestically available, and the Federal Highway Administration (FHWA) granted FDOT waivers for this equipment for another project. 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 13, 2017. Late-filed comments will be considered to the extent practicable. ADDRESSES: Please identify your submission by Docket Number (FTA-2017- 0008) through one of the following methods:Federal eRulemaking Portal: Submit electronic comments and other data to http://www.regulations.gov. U.S. Mail: Send comments to Docket Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building, Ground Floor, at 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Fax: Fax comments to Docket Operations, U.S. Department of Transportation, at (202) 493-2251. Instructions: You must include the agency name (Federal Transit Administration) and Docket Number (FTA-2017-0014) for this notice, at the beginning of your comments. If sent by mail, submit two copies of your comments. Due to security procedures in effect since October 2001, mail received through the U.S. Postal Service may be subject to delays. Parties submitting comments should consider using an express mail firm to ensure their prompt filing of any submissions not filed electronically or by hand. If you wish to receive confirmation that FTA received your comments, you must include a self-addressed stamped postcard. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You may review U.S. DOT's complete Privacy Act Statement published in the Federal Register on April 11, 2000, at 65 FR 19477-8 or http://DocketsInfo.dot.gov. Electronic Access and Filing: This document and all comments received may be viewed online through the Federal eRulemaking portal at http://www.regulations.gov. Electronic submission and retrieval help and guidelines are available on the Web site. It is available 24 hours each day, 365 days a year. Please follow the instructions. An electronic copy of this document may also be downloaded from the Office of the Federal Register's home page at https://www.federalregister.gov. FOR FURTHER INFORMATION CONTACT: Laura Ames, Attorney Advisor, at (202) 366-2743 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 FDOT's purchase of motor brakes and machinery brakes for the SE 3rd Avenue Bascule Bridge Modification in Fort Lauderdale, Florida, as part of the Wave Streetcar project. The proposed Wave Streetcar project will serve downtown Fort Lauderdale, spanning the New River to connect the hospital and courthouse districts on the south side with the downtown business core and government, education, shopping, recreation and entertainment centers on the north side. The design of the 2.8-mile route was expanded in October 2015 to include a loop on the north end in Flagler Village to capture recent and future residential and retail development in that area. The construction of the Wave Streetcar is currently scheduled to begin in mid-2017. Mechanical drive systems have inherent braking requirements. AASHTO Movable Highway Bridge Design Specifications (MHBDS) require disc or drum brakes. The intent of AASHTO MHBDS 5.5, 5.6, 6.7.13 and the FOOT Structures Design Guidelines (SDG) Section 8.6.7 is to provide two sets of brakes--motor brakes and machinery brakes. This requirement provides stopping and holding as well as a failsafe within the gear train of the operating machinery. FDOT's research indicates that the size of the disc and drum brakes required for this bridge are not domestically available. All recent new construction and rehabilitation of various moveable bridges in Florida have required Buy America waivers, including a Buy America waiver granted by FHWA on May 2, 2016 for the same items. 81 FR 26305 (May 2, 2016). Specific requirements for the brakes are as follows: All brakes shall be spring actuated, thruster released, stainless steel, drum type brakes with adjustable torque setting and set time delay settings. Span drive brakes shall be sized per Movable Highway Bridge Design Specifications (MHBDS) with the exception that ice accretion loads may be ignored. Brakes shall be mill duty brakes meeting Association of Iron and Steel Engineers--National Electrical Manufacturers Association (AISE--NEMA) Standards. The brake setting shall be no more than 90% and no less than 40% of the continuous rated capacity. The delay setting for each set of brakes shall be staggered to prevent all brakes from setting simultaneously and shock loading the machinery. There are no options other than the correct type of machinery brakes for failsafe and timed gradual setting. Brakes are an integral part of the movable bridge design. Brakes provide stopping and parking of the bascule leaves and are MHBDS required devices for the safety of the traveling public, both vehicular and navigation gradual setting. The brake application must be gradual as per the specified thruster to prevent damage to the bridge, loss of power or E-stop. Brakes are an integral part of the movable bridge design. Brakes provide stopping and parking of the bascule leaves and are MHBDS required devices for the safety of the traveling public, both vehicular and navigation. 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). [[Page 49934]] Throughout the brake manufacturing industry, it is well documented that there are no brakes made in the United States that satisfy both the project requirements and the Buy America requirements. FDOT engaged in extensive efforts to identify and locate qualified domestically manufactured brake products, including contacting numerous known bridge brake manufacturers. FDOT's recent experience on similar projects has shown that contractors have been unable to locate qualified bridge brakes of either the shoe or disc type that have all components made in the United States. FDOT also has made an extensive effort to locate qualified domestically made brake products, including contacting known bridge brake manufacturers including the following manufactures: Johnson Industries, Mondel (made by Magnetek), Gemco (made by Ametek), Link Controls, Bubenzer, and Hiden. The manufacturers confirmed that they do not produce a product that meets both the Buy America provisions in accordance 49 CFR 661.7(c) and 49 U.S.C. 5323(j), and the requirements of AASHTO MHBDS Articles 5.5, 5.6 and 6. 7 .13. FDOT also conducted an internet search, which revealed several other brake manufacturers, but none make a qualified brake in the United States. Additionally, FDOT's program management consultant contacted several contractors that supply machinery and brakes for movable bridges but had no success in locating a qualified brake made entirely in the United States. FDOT's Program Management Consultant also has discussed this issue with other design engineers experienced in movable bridge machinery design and confirmed that they too have not been able to locate qualified brake products which are made in the United States. 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 United States manufacturers who produce the motor brakes and machinery brakes required for the SE 3rd Avenue Bascule Bridge Modification project. FDOT's efforts to identify domestic manufacturers for the motor brakes and machinery brakes required for the SE 3rd Avenue Bascule Bridge Modification project were unsuccessful. FTA proposes to grant FDOT a non-availability waiver of the Buy America requirements for the motor brakes and machinery brakes required for the SE 3rd Avenue Bascule Bridge Modification project. FTA is publishing this Notice to seek public and industry comment from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Such information and comments will help FTA understand completely the facts surrounding the request, including 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 because of the comments received. A full copy of the request has been placed in docket number FTA-2017- 0014. K. Jane Williams, Acting Administrator. [FR Doc. 2017-23381 Filed 10-26-17; 8:45 am] BILLING CODE P
![49932 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
F. Change to Reporting Requirements reporters do not currently report these (1) Collection of the major mechanical
for Non-Rail For-Profit Providers of data. system failures by fleet rather than by
Public Transportation To improve current reporting mode. This would improve the
guidance, FTA proposes adding granularity of the major mechanical
FTA currently has 18 non-rail, for- language specifically excluding failures systems failure data by collecting the
profit providers of public transportation caused by collision, natural disaster, or information at the vehicle fleet level. It
that report directly to the NTD. One of vandalism to the current definitions. would provide a more robust and
these reporters raised the concern that FTA seeks comment on this proposed granular data set for major mechanical
providing the detailed financial change. The amended definitions are system failures and allow stakeholders
information required of full reporters to below: to look at mechanical failure data by
the NTD may compromise their ability Proposed definition of major vehicle type. However, improving the
to successfully compete for business. mechanical system failure: granularity of the data could also
They requested that FTA consider A failure of some mechanical element increase the reporting burden for some
reducing the financial reporting of the revenue vehicle that is not caused agencies. To help offset this increase,
requirements for for-profit providers to by a collision, natural disaster, or FTA asks stakeholders to consider
mirror those of reduced reporters to vandalism and prevents the vehicle discontinuing the collection of other
address their concern. FTA is seeking from completing a scheduled revenue mechanical system failures.
comment on the proposal to allow non- trip or from starting the next scheduled (2) Adjust the definition of other
rail, for-profit providers of public revenue trip because actual movement mechanical system failure to the
transportation the option to report to the is limited or the vehicle is unsafe. following: All non-major failures of a
NTD as a reduced reporter. Of the 18 Proposed definition of other mechanical element of the revenue
non-rail, for-profit providers referenced mechanical system failure: vehicle requiring a work order that are
above, ten already meet the current A failure of some other mechanical not caused by a collision, natural
reduced reporting threshold. This element of the revenue vehicle that is disaster, or vandalism.
proposal would provide the flexibility not caused by a collision, natural This adjustment would provide a
to report as a reduced reporter for the disaster, or vandalism, but, because of more standard and comprehensive look
remaining 8 agencies. local agency policy, prevents the at the other mechanical system failures
As a reduced reporter, these agencies revenue vehicle from completing a data. The new definition would allow
would no longer be required to report scheduled revenue trip or from starting for better comparison across transit
passenger miles traveled (PMT). Such the next scheduled revenue trip even agencies by focusing the outcome of this
data previously reported by these though the vehicle is physically able to data point on a system failure rather
agencies would not be available for use continue in revenue service. than a local policy decision to remove
in the Urbanized Area Formula (UAF) In addition to the proposed definition the vehicle from service.
apportionment. If the local urbanized changes, FTA seeks additional feedback In addition to the scenarios discussed
area has more than 200,000 in on the current utility of the major above, FTA welcomes additional
population, this may reduce their local mechanical system failures and other comment and input on how these data
urbanized area’s UAF apportionment. If mechanical system failures data points. points may be adjusted to benefit the
As an example, one of the primary transit industry and transit stakeholders.
the local urbanized area has fewer than
concerns expressed to FTA by FTA specifically requests that agencies
200,000 in population, this may impact
stakeholders is that the current provide comment on the anticipated
the local urbanized area’s eligibility for
definition of other mechanical system impact on reporting burden for the
Small Transit Intensive Cities (STIC)
failures cannot be used for comparative scenarios above as well as the
funds in the UAF apportionment.
purposes because it is heavily anticipated reporting burden for any
FTA would amend current reporting dependent on local policy decisions. additional suggestions provided to
forms to allow ferry providers to FTA would like to improve the utility improve the utility of these data points.
continue to report fixed guideway of these data points to: (1) Inform transit
directional route miles (DRM) or fixed K. Jane Williams,
stakeholders on mechanical
guideway vehicle revenue miles (VRM) Acting Administrator.
performance; (2) allow for better
for continued use in the State of Good comparative analysis of the data; and, [FR Doc. 2017–23380 Filed 10–26–17; 8:45 am]
Repair Formula Apportionment. (3) provide better insight on transit state BILLING CODE P
G. Clarification of Mechanical System of good repair. At this time, FTA is not
Failures Definitions formally proposing changes to these
DEPARTMENT OF TRANSPORTATION
data points beyond the definition
FTA has received feedback from the adjustments addressed above; however, Federal Transit Administration
transit industry that the current two scenarios are outlined below. FTA
definitions of major mechanical system welcomes input from stakeholders on [Docket No. FTA–2017–0014]
failures and other mechanical system these scenarios and welcomes
failures do not provide sufficient detail Notice of Proposed Buy America
additional direction on how these data
or clarity to allow for a useful analysis Waiver for Motor Brakes and
points may be adjusted to best
of the data. This information is Machinery Brakes for the SE 3rd
accomplish the stated goals.
Avenue Bascule Bridge Modification in
asabaliauskas on DSKBBXCHB2PROD with NOTICES
currently collected from each agency by Input received from this notice may
mode. The current definitions can be be used to inform a future proposal to Fort Lauderdale, Florida
found in the 2017 NTD Policy Manual adjust the definition or collection AGENCY: Federal Transit Administration,
or the glossary on the NTD Web site: method of these data points. DOT.
www.transit.dot.gov/ntd. Major The scenarios described below are for ACTION: Notice of proposed Buy America
mechanical system failures and other public comment only. At this time, FTA waiver and request for comment.
mechanical system failures are only is not formally proposing these changes.
reported by full reporters to the NTD; FTA seeks feedback on the following SUMMARY: The Federal Transit
reduced reporters and capital asset-only scenarios: Administration (FTA) received a request
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![49934 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
Throughout the brake manufacturing machinery brakes required for the SE Street SW., Washington, DC 20227
industry, it is well documented that 3rd Avenue Bascule Bridge (Telephone: 202–874–9428).
there are no brakes made in the United Modification project were unsuccessful. SUPPLEMENTARY INFORMATION: This rate
States that satisfy both the project FTA proposes to grant FDOT a non- is used in assessing interest charges for
requirements and the Buy America availability waiver of the Buy America outstanding debts owed to the
requirements. FDOT engaged in requirements for the motor brakes and Government (The Debt Collection Act of
extensive efforts to identify and locate machinery brakes required for the SE 1982, as amended (codified at 31 U.S.C.
qualified domestically manufactured 3rd Avenue Bascule Bridge Section 3717)). This rate is also used by
brake products, including contacting Modification project. agencies as a comparison point in
numerous known bridge brake FTA is publishing this Notice to seek evaluating the cost-effectiveness of a
manufacturers. FDOT’s recent public and industry comment from all cash discount. In addition, this rate is
experience on similar projects has interested parties in accordance with 49 used in determining when agencies
shown that contractors have been U.S.C. 5323(j)(3)(A). Such information should pay purchase card invoices
unable to locate qualified bridge brakes and comments will help FTA when the card issuer offers a rebate (5
of either the shoe or disc type that have understand completely the facts CFR 1315.8).
all components made in the United surrounding the request, including the The rate reflects the current value of
States. FDOT also has made an merits of the request. After funds to the Treasury for use in
extensive effort to locate qualified consideration of the comments, FTA connection with Federal Cash
domestically made brake products, will publish a second notice in the Management systems and is based on
including contacting known bridge Federal Register with a response to investment rates set for purposes of
brake manufacturers including the comments and noting any changes made Public Law 95–147, 91 Stat. 1227
following manufactures: Johnson to the proposed waiver because of the (October 28, 1977). Computed each year
Industries, Mondel (made by Magnetek), comments received. A full copy of the by averaging Treasury Tax and Loan
Gemco (made by Ametek), Link request has been placed in docket (TT&L) investment rates for the 12-
Controls, Bubenzer, and Hiden. The number FTA–2017–0014. month period ending every September
manufacturers confirmed that they do 30, rounded to the nearest whole
not produce a product that meets both K. Jane Williams,
percentage, for applicability effective
the Buy America provisions in Acting Administrator.
each January 1. Quarterly revisions are
accordance 49 CFR 661.7(c) and 49 [FR Doc. 2017–23381 Filed 10–26–17; 8:45 am]
made if the annual average, on a moving
U.S.C. 5323(j), and the requirements of BILLING CODE P basis, changes by 2 percentage points.
AASHTO MHBDS Articles 5.5, 5.6 and The rate for calendar year 2018 reflects
6. 7 .13. FDOT also conducted an the average investment rates for the 12-
internet search, which revealed several DEPARTMENT OF THE TREASURY month period that ended September 30,
other brake manufacturers, but none 2017.
make a qualified brake in the United Fiscal Service
States. Additionally, FDOT’s program Authority: 31 U.S.C. Section 3717.
management consultant contacted Bureau of the Fiscal Service Dated: October 16, 2017.
several contractors that supply Ronda L. Kent,
machinery and brakes for movable Notice of Rate To Be Used for Federal Assistant Commissioner, Payment
bridges but had no success in locating Debt Collection, and Discount and Management, and Chief Disbursing Officer.
a qualified brake made entirely in the Rebate Evaluation [FR Doc. 2017–23419 Filed 10–26–17; 8:45 am]
United States. FDOT’s Program AGENCY: Bureau of the Fiscal Service, BILLING CODE 4810–AS–P
Management Consultant also has Fiscal Service, Treasury.
discussed this issue with other design
ACTION: Notice of rate to be used for
engineers experienced in movable DEPARTMENT OF VETERANS
bridge machinery design and confirmed Federal debt collection, and discount
and rebate evaluation. AFFAIRS
that they too have not been able to
locate qualified brake products which SUMMARY: The Secretary of the Treasury Notice of Meeting; National Research
are made in the United States. is responsible for computing and Advisory Council
Finally, under 49 U.S.C. 5323(j)(6), publishing the percentage rate that is
FTA cannot deny an application for a The Department of Veterans Affairs
used in assessing interest charges for (VA) gives notice under the Federal
waiver based on non-availability unless outstanding debts owed to the
FTA can certify that (i) the steel, iron, Advisory Committee Act (FACA) that
Government. This rate is also used by the National Research Advisory Council
or manufactured good (the ‘‘item’’) is
agencies as a comparison point in will hold a meeting on Wednesday,
produced in the United States in a
evaluating the cost-effectiveness of a December 6, 2017, at the Atlanta
sufficient and reasonably available
cash discount. In addition, this rate is Veterans Affairs Medical Center,
amount; and (ii) the item produced in
used in determining when agencies Conference Room 5a110 at 1670
the United States is of a satisfactory
should pay purchase card invoices Clairmont Rd., Decatur, Georgia 30033.
quality. Additionally, FTA must provide
when the card issuer offers a rebate. The meeting will convene at 9:00 a.m.
a list of known manufacturers in the
Notice is hereby given that the
asabaliauskas on DSKBBXCHB2PROD with NOTICES
United States from which the item can and end at 4:30 p.m. This meeting is
applicable rate for calendar year 2018 is open to the public.
be obtained. FTA is not aware of any
1.00 percent. The agenda will include scientific
United States manufacturers who
produce the motor brakes and DATES: January 1, 2018 through presentations on animal research,
machinery brakes required for the SE December 31, 2018. mental health, rehabilitation and a
3rd Avenue Bascule Bridge FOR FURTHER INFORMATION CONTACT: facility tour. Additional presentations
Modification project. Denice M. Wilson, E-Commerce will include: Balancing research
FDOT’s efforts to identify domestic Division, Bureau of the Fiscal Service, challenges, an overview of the animal
manufacturers for the motor brakes and Department of the Treasury, 401 14th research program from the Chief
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Document Created: 2017-10-27 02:06:35
Document Modified: 2017-10-27 02:06:35
| 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 13, 2017. Late-filed comments will be considered to the extent practicable. | |
| Contact | Laura Ames, Attorney Advisor, at (202) 366-2743 or [email protected] | |
| FR Citation | 82 FR 49932 |
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