[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Notices]
[Pages 75857-75858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29730]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2014-0025]
Notice of Proposed Buy America Waiver for Track Turnout
Components
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of proposed Buy America waiver and request for comment.
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SUMMARY: The Federal Transit Administration (FTA) is providing notice
of a request from the New York Metropolitan Transportation Authority's
Long Island Rail Road (LIRR) to waive Buy America requirements for the
purchase of components of high-speed track turnouts that do not meet
FTA's Buy America requirements. The LIRR submitted the request in
connection with three projects: (1) LIRR's 2015 State of Good Repair
Program; (2) the East Side Access Project; and (3) LIRR's Jamaica
Capacity Improvement Project. Pursuant to 49 U.S.C. 5323(j)(3)(A), FTA
is providing notice of the waiver request and is seeking public comment
before deciding whether to grant the request. If granted, the waiver
would apply only to the FTA-funded procurements in LIRR's 2015 State of
Good Repair Program, the East Side Access Project, and LIRR's Jamaica
Capacity Improvement Project, and only to the procurement of
components--the turnouts will be manufactured in the United States.
This proposed Buy America waiver does not include the turnout
components for the Northeast Corridor Congestion Relief Project at
Harold Interlocking, which is being addressed in a separate waiver
request published by the Federal Railroad Administration (FRA), as FRA
funds are being used for that project.
DATES: Comments must be received by January 20, 2015. FTA will consider
late-filed comments to the extent practicable.
ADDRESSES: Please submit your comments by one of the following means,
identifying your submissions by docket number FTA-2014-0025:
1. Web site: http://www.regulations.gov. Follow the instructions
for submitting comments on the U.S. Government electronic docket site.
2. Fax: (202) 493-2251.
3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
4. Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Docket Operations, M-30, West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Instructions: All submissions must make reference to the ``Federal
Transit Administration'' and include docket number FTA-2014-0025. Due
to the security procedures in effect since October 2011, mail received
through the U.S. Postal Service may be subject to delays. Parties
making submissions responsive to this notice should consider using an
express mail firm to ensure the prompt filing of any submissions not
filed electronically or by hand. Note that all submissions received,
including any personal information therein, will be posted without
change or alteration to http://www.regulations.gov. For more
information, you may review DOT's complete Privacy Act Statement in the
Federal Register published April 11, 2000 (65 FR 19477), or you may
visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Richard L. Wong, FTA Attorney-Advisor,
at (202) 366-4011 or [email protected].
SUPPLEMENTARY INFORMATION: FTA seeks comment on whether it should a
grant a non-availability waiver for LIRR's procurements of turnouts
needed for LIRR's 2015 State of Good Repair Program, the East Side
Access Project, and LIRR's Jamaica Capacity Improvement Project, which
are utilizing FTA funding.
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 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. 49 CFR 661.5(d). A component is of U.S. origin if it is
manufactured in the United States, regardless of the origin of its
subcomponents. 49 CFR 661.5(d)(2). If 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).
LIRR is requesting a non-availability waiver for its procurement of
turnouts needed for LIRR's 2015 State of Good Repair Program, the East
Side Access Project, and LIRR's Jamaica Capacity Improvement Project.
The turnouts consist of multiple components, including Schwihag roller
assemblies, Schwihag plates, ZU1-60 steel switch point rail sections,
and movable point frogs, which LIRR asserts are not available and are
not manufactured in the United States. The turnouts
[[Page 75858]]
themselves, however, will be manufactured in the United States.
LIRR states that these turnouts are essential throughout its system
for the following operational reasons: (1) the turnouts withstand the
frequent and heavy use by passenger and freight trains traveling along
LIRR's right of way; (2) the turnouts accommodate an increased amount
of rush hour trains and allow them to travel at higher speeds,
ultimately providing more throughput during LIRR's busiest hours; (3)
the foreign-made components reduce impact loading to the turnouts; and
(4) the turnouts provide for less wear and tear, thereby requiring less
maintenance, extending the useful lives of the turnouts, and requiring
less outages and negative impacts on LIRR's operations.
In support of its requests, LIRR points to a non-availability
waiver that FRA issued to the National Railroad Passenger Corporation
(also referred to as ``Amtrak'') for the same turnout components on
April 23, 2013. FRA's waiver was based on a December 2012 Supplier
Scouting Report (Report) developed by the Manufacturing Extension
Partnership of the U.S. Department of Commerce's National Institute of
Standards and Technology (NIST). NIST's Report identified several
potential U.S. manufacturers of the turnout components, but after
extensive outreach, FRA determined that no domestic manufacturers were
willing and capable of producing the components. To support the waiver
requests that are the subject of this notice, LIRR utilized the NIST
Report and conducted individualized outreach with each of the
manufacturers identified in it. LIRR also conducted its own independent
outreach. Based on these efforts, LIRR has determined that there are no
U.S. manufacturers that are willing and capable of producing the
turnout components that are needed for its system.
Since that initial waiver, FRA published a second notice on
September 19, 2014, requesting comments on a subsequent request for
turnout components from LIRR for the Harold Interlocking Project that
would not meet FRA's Buy America requirements. See, http://www.fra.dot.gov/Page/P0719. FRA's comment period closed on October 6,
2014, and interested parties can view FRA's determination via the Buy
America web link in the preceding sentence.
The purpose of this Notice is to inform potential interested
vendors of LIRR's requests and to seek public comment from all
interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Comments
will help FTA understand completely the facts surrounding the request,
including the effects of a potential waiver and the merits of the
request. Full copies of LIRR's requests will be posted in docket number
FTA-2014-0025, along with any public comments.
Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2014-29730 Filed 12-18-14; 8:45 am]
BILLING CODE 4910-57-P