83 FR 22114 - Notice of Intent To Grant a Buy America Waiver to the North Carolina Department of Transportation To Use Certain Non-Domestic Components of a Fire Alarm System
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 83, Issue 92 (May 11, 2018)
Federal Railroad Administration
Federal Register Volume 83, Issue 92 (May 11, 2018)
| Page Range | 22114-22115 | |
| FR Document | 2018-10042 |
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)] [Notices] [Pages 22114-22115] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10042] [[Page 22114]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2012-0033] Notice of Intent To Grant a Buy America Waiver to the North Carolina Department of Transportation 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. ----------------------------------------------------------------------- SUMMARY: FRA is issuing this notice to advise the public it intends to grant the North Carolina Department of Transportation (NCDOT) a waiver from FRA's Buy America requirement to use certain non-domestic components of a fire alarm system that Lake Electric, Inc. will provide for the Locomotive and Railcar Maintenance Facility project in Charlotte, NC. Lake Electric, Inc. is an electrical contractor for the Locomotive and Railcar Maintenance Facility project. DATES: Written comments on FRA's determination to grant a Buy America waiver to NCDOT should be provided to the FRA on or before May 18, 2018. 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) Website: 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, Washington, DC 20590, (202) 493-0078, [email protected]. SUPPLEMENTARY INFORMATION: FRA provided information on its reasons for granting this waiver in a letter to NCDOT, quoted below: NCDOT Rail Division 1553 Mail Service Center 1 South Wilmington Street Raleigh, NC 27699-1553 Re: Request for Waiver of Buy America Requirement Dear Mr. Allan Paul: On April 4, 2017, Lake 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 Locomotive and Railcar Maintenance Facility project in Charlotte, NC (Project). The Project is for the construction of a railcar and maintenance facility in Charlotte, North Carolina. The North Carolina Department of Transportation (NCDOT), through its contractor, awarded Lake Electric, Inc. the electrical construction sub-contract for the Project. The $23.25 million project is funded by an American Recovery and Reinvestment Act of 2009 grant to NCDOT. The Project is subject to 49 U.S.C. 24405(a)(l). Section 24405(a)(l) 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. FRA is providing its decision on the waiver to NCDOT as the FRA grant recipient for this Project, and this waiver applies only to this Project. Lake Electric seeks a waiver for the following components (Components) for use in the Project: ------------------------------------------------------------------------ Description Quantity ------------------------------------------------------------------------ 252 Point Fire Alarm Control Panel........................... 1 Digital Alarm Communicator Transmitter....................... 1 Remote Annunciators.......................................... 1 RS-485 Interface Modules..................................... 1 12V7ah SIA Batteries......................................... 4 Dual Action Manual pull stations............................. 7 Photoelectric Smoke Detectors................................ 22 Relay Modules................................................ 4 Red Wall Mount Horn/Strobes.................................. 18 Red Wall Mount Strobes....................................... 14 Multi-Criteria Fire Detectors................................ 5 Monitor Modules.............................................. 5 Dual Input Monitor Modules................................... 1 ------------------------------------------------------------------------ The total cost of the fire alarm system is less than $6,000, and the total cost of the non-U.S. manufactured components is less than $4,000. Lake Electric asserts the following facts in support of the waiver request: Lake Electric sought bids from fourteen qualified suppliers and received two bids for the fire alarm system from suppliers Southern Sound and Lefler Electronics. Although these suppliers source many fire alarm system components from U.S. manufacturers, neither 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; [[Page 22115]] On September 28, 2017, FRA provided public notice of this waiver request and a 15-day opportunity for comment on its website. 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 Lake 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, Ronald L. Batory, Administrator cc: Lake Electric Co. Brett Andrew Jortland, Acting Deputy Chief Counsel. [FR Doc. 2018-10042 Filed 5-10-18; 8:45 am] BILLING CODE 4910-06-P
![22114 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices
DEPARTMENT OF TRANSPORTATION delays. Parties submitting responses to Lake Electric seeks a waiver for the
this notice should consider using an following components (Components) for use
Federal Railroad Administration express mail firm to ensure the prompt in the Project:
[Docket No. FRA–2012–0033] filing of any submissions not filed
Description Quantity
electronically or by hand. Note that all
Notice of Intent To Grant a Buy submissions received, including any 252 Point Fire Alarm Control
America Waiver to the North Carolina personal information therein, will be Panel ......................................... 1
Department of Transportation To Use posted without change or alteration to Digital Alarm Communicator
Certain Non-Domestic Components of http://www.regulations.gov. For more Transmitter ................................ 1
a Fire Alarm System information, you may review DOT’s Remote Annunciators ................... 1
complete Privacy Act Statement in the RS–485 Interface Modules ........... 1
AGENCY: Federal Railroad 12V7ah SIA Batteries ................... 4
Federal Register published on April 11, Dual Action Manual pull stations .. 7
Administration (FRA), United States 2000 (65 FR 19477), or visit http:// Photoelectric Smoke Detectors .... 22
Department of Transportation (DOT). www.regulations.gov. Relay Modules .............................. 4
ACTION: Notice of intent to grant Buy Red Wall Mount Horn/Strobes ..... 18
FOR FURTHER INFORMATION CONTACT: Mr.
America waiver. John Johnson, Attorney-Advisor, FRA Red Wall Mount Strobes .............. 14
Multi-Criteria Fire Detectors ......... 5
SUMMARY: FRA is issuing this notice to Office of Chief Counsel, 1200 New Monitor Modules ........................... 5
advise the public it intends to grant the Jersey Avenue SE, Washington, DC Dual Input Monitor Modules ......... 1
North Carolina Department of 20590, (202) 493–0078, John.Johnson@
Transportation (NCDOT) a waiver from dot.gov. The total cost of the fire alarm system is
FRA’s Buy America requirement to use SUPPLEMENTARY INFORMATION: FRA less than $6,000, and the total cost of the
non-U.S. manufactured components is less
certain non-domestic components of a provided information on its reasons for than $4,000.
fire alarm system that Lake Electric, Inc. granting this waiver in a letter to Lake Electric asserts the following facts in
will provide for the Locomotive and NCDOT, quoted below: support of the waiver request:
Railcar Maintenance Facility project in NCDOT Rail Division Lake Electric sought bids from fourteen
Charlotte, NC. Lake Electric, Inc. is an 1553 Mail Service Center qualified suppliers and received two bids for
electrical contractor for the Locomotive 1 South Wilmington Street the fire alarm system from suppliers
and Railcar Maintenance Facility Raleigh, NC 27699–1553 Southern Sound and Lefler Electronics.
project. Re: Request for Waiver of Buy America Although these suppliers source many fire
Requirement alarm system components from U.S.
DATES: Written comments on FRA’s Dear Mr. Allan Paul: manufacturers, neither of the suppliers
determination to grant a Buy America On April 4, 2017, Lake Electric, Inc. offered a one hundred percent Buy America-
waiver to NCDOT should be provided to requested a waiver from the Federal Railroad compliant system. All fire alarm system
the FRA on or before May 18, 2018. Administration’s (FRA) Buy America suppliers use a mix of foreign and US-made
requirement (49 U.S.C. 24405(a)) to use components; and
ADDRESSES: Please submit your The foreign components used by suppliers
certain components of a fire alarm system,
comments by one of the following vary. However, due to programming,
which cannot be sourced in the United
means, identifying your submissions by States, in the Locomotive and Railcar
interoperability, and certification issues, the
docket number FRA–2012–0033. All components are not interchangeable among
Maintenance Facility project in Charlotte, NC
electronic submissions must be made to systems. Therefore, suppliers cannot swap
(Project). The Project is for the construction
out components to meet Buy America.
the U.S. Government electronic site at of a railcar and maintenance facility in FRA independently verified these
http://www.regulations.gov. Charlotte, North Carolina. The North assertions with its Monitoring and Technical
Commenters should follow the Carolina Department of Transportation Assistance Contractor (MTAC), TranSystems.
instructions below for mailed and hand- (NCDOT), through its contractor, awarded An electrical engineer from FRA’s MTAC
delivered comments: Lake Electric, Inc. the electrical construction explained that large international suppliers
sub-contract for the Project. The $23.25 source or manufacture pieces of the fire
(1) Website: http://
million project is funded by an American alarm system in different countries. Further,
www.regulations.gov. Follow the Recovery and Reinvestment Act of 2009 grant
instructions for submitting comments many portions of the system are addressable
to NCDOT. (individually programmable), which means
on the U.S. Government electronic The Project is subject to 49 U.S.C. the software and hardware must be
docket site; 24405(a)(l). Section 24405(a)(l) requires the compatible and tested. In addition, fire alarm
(2) Fax: (202) 493–2251; steel, iron, and manufactured goods used in components and systems are UL® listed. UL®
(3) Mail: U.S. Department of a project to be produced in the United States. is a third-party, independent company that
Transportation, 1200 New Jersey FRA may waive the Buy America certifies safety compliance of many systems
Avenue SE, Docket Operations, M–30, requirements if FRA finds that: (1) applying and their components, including fire alarm
Room W12–140, Washington, DC the requirements would be inconsistent with systems. Attempting to swap pieces of a fire
20590–0001; or
the public interest; (2) the steel, iron, and alarm system would jeopardize its UL®
goods manufactured in the United States are listing and could cause product warranty and
(4) Hand Delivery: Room W12–140 on not produced in sufficient and reasonably liability issues.
the first floor of the West Building, 1200 available amounts or are not of a satisfactory FRA concludes a waiver is appropriate
New Jersey Avenue SE, Washington, quality; (3) rolling stock or power train under 49 U.S.C. 24405(a)(2)(B) for the
DC, 20590, between 9 a.m. and 5 p.m., equipment cannot be bought or delivered to Components because domestically-produced
Monday through Friday, except Federal the United States within a reasonable time; Components are not currently ‘‘produced in
holidays. or (4) including domestic material will sufficient and reasonably available amounts.’’
sradovich on DSK3GMQ082PROD with NOTICES
Instructions: All submissions must increase the cost of the overall project by 49 U.S.C. 24405(a)(2)(B). FRA bases this
reference the ‘‘Federal Railroad more than 25 percent. determination on the following:
For the reasons stated in this letter, FRA For competitively bid, commercial
Administration’’ and include docket grants a ‘‘non-availability’’ Buy America products for buildings, such as fire alarm
number FRA–2012–0033. Due to waiver. FRA is providing its decision on the systems, FRA views receiving no Buy
security procedures in effect since waiver to NCDOT as the FRA grant recipient America-compliant bids as presumptive
October 2001, mail received through the for this Project, and this waiver applies only evidence the conditions exist to grant a non-
U.S. Postal Service may be subject to to this Project. availability waiver;
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![Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices 22115
On September 28, 2017, FRA provided certified as a Community Development online systems as of September 24,
public notice of this waiver request and a 15- Entity (CDE) must submit an application 2018. See Section V.C of this NOAA for
day opportunity for comment on its website. for CDE certification through the CDFI additional details on Phase 2 reviews.
FRA also emailed notice to over 6,000 Fund’s Awards Management
recipients that requested Buy America B. Program guidance and regulations:
notices through ‘‘GovDelivery.’’ FRA Information System (AMIS) on or before This NOAA describes application and
received one comment. However, the 5:00 p.m. ET on May 24, 2018 (see allocation requirements for this
commenter did not provide any information Section III.A.1 of this NOAA for more Allocation Round of the NMTC Program
about a domestic source for a fully Buy details on CDE certification). and should be read in conjunction with:
America-compliant fire alarm system; and EXECUTIVE SUMMARY: This NOAA is (i) Guidance published by the CDFI
FRA’s MTAC concurred with Lake Electric issued in connection with the CY 2018 Fund on how an entity may apply to
that due to programming, interoperability, allocation round (Allocation Round) of become certified as a CDE (66 Federal
and certification issues, components are not
interchangeable among systems. Therefore,
the New Markets Tax Credit Program Register 65806, December 20, 2001); (ii)
fire alarm system suppliers cannot swap out (NMTC Program), as authorized by Title the final regulations issued by the
components to meet Buy America. I, subtitle C, section 121 of the Internal Revenue Service (the IRS) (26
This waiver applies only to this Project for Community Renewal Tax Relief Act of CFR 1.45D–1, published on December
these specific components. 2000 (Pub. L. 106–554) and amended by 28, 2004), as amended and related
Under 49 U.S.C. 24405(a)(4), FRA will section 221 of the American Jobs guidance, notices and other
publish this letter granting the Buy America Creation Act of 2004 (Pub. L. 108–357), publications; and (iii) the application
waiver to the City in the Federal Register and section 101 of the Gulf Opportunity and related materials for this Allocation
provide notice of such finding and an Zone Act of 2005 (Pub. L. 108–357),
opportunity for public comment after which
Round. All such materials may be found
Division A, section 102 of the Tax Relief on the CDFI Fund’s website at https://
this waiver will become effective.
Questions about this letter can be directed
and Health Care Act of 2006 (Pub. L. www.cdfifund.gov. The CDFI Fund
to, John Johnson, Attorney-Advisor, at 109–432), section 733 of the Tax Relief, requires Applicants to review these
John.Johnson@dot.gov or (202) 493–0078. Unemployment Insurance documents. Capitalized terms used, but
Sincerely, Reauthorization and Job Creation Act of not defined, in this NOAA have the
Ronald L. Batory, 2010 (Pub. L. 111–312), section 305 of respective meanings assigned to them in
Administrator the American Taxpayer Relief Act of the NMTC Program Allocation
cc: Lake Electric Co. 2012 (Pub. L. 112–240), section 115 of application, IRC § 45D or the IRS
Brett Andrew Jortland, the Tax Increase Prevention Act of 2014 regulations. In the event of any
(Pub. L. 113–295), and section 141 of inconsistency between this NOAA, the
Acting Deputy Chief Counsel.
the Protecting Americans from Tax allocation application, and guidance
[FR Doc. 2018–10042 Filed 5–10–18; 8:45 am]
Hikes Act (PATH) of 2015. Through the issued by the CDFI Fund thereto, IRC
BILLING CODE 4910–06–P NMTC Program, the CDFI Fund § 45D or the IRS regulations, the
provides authority to CDEs to offer an provisions of IRC § 45D and the IRS
incentive to investors in the form of tax regulations shall govern.
DEPARTMENT OF THE TREASURY credits over seven years, which is
expected to stimulate the provision of II. Allocation Information
Community Development Financial private investment capital that, in turn,
Institutions Fund A. Allocation amounts: Pursuant to
will facilitate economic and community the PATH Act of 2015, the CDFI Fund
development in Low-Income expects that it may allocate to CDEs the
Notice of Allocation Availability
Communities. Through this NOAA, the authority to issue to their investors the
(NOAA) Inviting Applications for the
CDFI Fund announces the availability of aggregate amount of $3.5 billion in
Calendar Year (CY) 2018 Allocation
$3.5 billion of NMTC allocation equity as to which NMTCs may be
Round of the New Markets Tax Credit
authority in this Allocation Round. claimed, as permitted under IRC
(NMTC) Program In this NOAA, the CDFI Fund
§ 45D(f)(1)(D). Pursuant to this NOAA,
FUNDING OPPORTUNITY TITLE: Notice of specifically addresses how a CDE may
the CDFI Fund anticipates that it will
Allocation Availability (NOAA) Inviting apply to receive an allocation of
issue up to $100 million in tax credit
Applications for the Calendar Year (CY) NMTCs, the competitive procedure
investment authority per Allocatee. The
2018 Allocation Round of the New through which NMTC allocations will
CDFI Fund, in its sole discretion,
Markets Tax Credit (NMTC) Program. be made, and the actions that will be
reserves the right to allocate amounts in
taken to ensure that proper allocations
ANNOUNCEMENT TYPE: Announcement of excess of or less than the anticipated
are made to appropriate entities.
allocation availability. maximum allocation amount should the
DATES: Electronic applications must be I. Allocation Availability Description CDFI Fund deem it appropriate. In order
received by 5:00 p.m. ET on June 28, A. Programmatic changes from the CY to receive an allocation in excess of the
2018. Applications sent by mail, 2017 allocation round: $100 million cap, an Applicant, at a
facsimile, or other form will not be 1. Prior QEI Issuance Requirements: minimum, must demonstrate that: (i) No
accepted. Please note the Community Qualified Equity Investment (QEI) part of its strategy can be successfully
Development Financial Institutions issuance threshold with respect to its implemented without an allocation in
Fund (CDFI Fund) will only accept prior-year allocation. These thresholds excess of the applicable cap; and/or (ii)
applications and attachments (e.g., the and deadlines have been revised in its strategy will produce extraordinary
Controlling Entity’s representative comparison to the CY 2017 NOAA. In community outcomes. The CDFI Fund
sradovich on DSK3GMQ082PROD with NOTICES
signature page, investor letters, and this Round, the CDFI Fund is not reserves the right to allocate NMTC
organizational charts) in electronic form requiring a minimum threshold of authority to any, all, or none of the
(see Section IV.C of this NOAA for more Qualified Equity Investments (QEIs) be entities that submit applications in
details). Applications must meet all issued as a condition of eligibility. response to this NOAA, and in any
eligibility and other requirements and During Phase 2, the CDFI Fund will amounts it deems appropriate.
deadlines, as applicable, set forth in this consider prior Round Allocatees’ QEI B. Type of award: NMTC Program
NOAA. Any Applicant that is not yet issuance recorded in the CDFI Fund’s awards are made in the form of
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Document Created: 2018-11-02 09:50:19
Document Modified: 2018-11-02 09:50:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of intent to grant Buy America waiver. | |
| Dates | Written comments on FRA's determination to grant a Buy America waiver to NCDOT should be provided to the FRA on or before May 18, 2018. | |
| Contact | Mr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 493-0078, [email protected] | |
| FR Citation | 83 FR 22114 |
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