[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Notices]
[Pages 8131-8133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02996]
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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 Illinois
Department of Transportation for the Use of Sure Close Self-Closing
Force Adjustable Gate Hinges
AGENCY: Federal Railroad Administration (FRA), 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 that it
intends to grant the Illinois Department of Transportation (IDOT) a
waiver from FRA's Buy America requirement for the use of 350 Sure Close
gate hinges, which are manufactured in Italy. Self-closing, force
adjustable gate hinges are one component of the larger construction
project to install pedestrian swing gates in connection with the
Chicago-St. Louis High Speed Rail (HSR) corridor project. The Chicago-
St. Louis HSR
[[Page 8132]]
project is funded by a $1.33 billion grant from FRA. The value of the
350 hinges is approximately $110,000.
DATES: Written comments on FRA's determination to grant IDOT's Buy
America waiver request should be provided to the FRA on or before March
2, 2015.
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 make reference to 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
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 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 25,
Washington, DC 20590, (202) 493-0078, [email protected].
SUPPLEMENTARY INFORMATION:
The letter granting IDOT's request is quoted below:
Joseph E. Shacter, Director of Public and Intermodal Transportation,
Illinois Department of Transportation, Division of Public and
Intermodal Transportation, 100 West Randolph Street, Suite 6-600,
Chicago, IL 60601
Re: Request for Waiver of Buy America Requirement for Sure Close Gate
Hinges
Dear Mr. Shacter: This letter is in response to your request dated
September 25, 2014, that the Federal Railroad Administration (FRA)
grant the Illinois Department of Transportation (IDOT), a waiver from
FRA's Buy America provision, at 49 U.S.C. Sec. 24405(a)(1), for one
component of the pedestrian swing gates. Your waiver request is for 350
of 600 Sure Close gate hinges by D&D Technology needed for the project.
Because the hinges are manufactured in Italy, IDOT would need a waiver
from FRA's Buy America requirement. The FRA is granting IDOT's request
for these initial 350 Sure Close gate hinges.
The request is based on the Buy America provision (49 U.S.C.
24405(a)) applicable to FRA's High-Speed Intercity Passenger Rail
(HSIPR) Program $1.33 billion grant for the Chicago-St. Louis High
Speed Rail (HSR) corridor. FRA's Buy America requirement for the
manufactured goods used in rail infrastructure projects requires
domestic manufacturing of the end product and that all of the
components be manufactured in the United States. In this case, FRA
determined the swing gate system to be an end product while the gate
hinge is a component. The swing gate and all other components are
manufactured in the United States. Section 24405(a)(2) also permits the
Secretary (delegated to the FRA Administrator) to waive the Buy America
requirements if the Secretary finds that: (A) Applying paragraph (1)
would be inconsistent with the public interest; (B) the steel, iron,
and goods manufactured in the United States are not produced in
sufficient and reasonably available amount or are not of a satisfactory
quality; (C) rolling stock or power train equipment cannot be bought or
delivered to the United States within a reasonable time; or (D)
including domestic material will increase the cost of the overall
project by more than 25 percent.
On December 12, 2013, IDOT submitted an initial Buy America waiver
request for the Sure Close hinge to install all 600 of the required
hinges along the entire Chicago St Louis HSR corridor. IDOT has made,
and continues to make, extensive efforts to procure a domestic gate
hinge for the pedestrian crossings. IDOT initially located a U.S.
manufactured hinge; however, the Illinois Commerce Commission (ICC)
tested the swing gate and found that the closure force was too strong,
even when adjusted, and could cause pedestrian injury. IDOT and ICC
then found the Sure Close hinge, which is self-closing, force
adjustable and manufactured in Italy. It meets the ICC's safety and
performance requirements and is the only non-domestic component of the
swing gate. The hinges and attachment brackets cost about $315 each;
the total cost for the required 600 hinges is approximately $190,000.
To determine whether to grant IDOT's initial request, FRA provided
notice and an opportunity for comment on its public Web site. FRA also
emailed notice to over 6,000 persons who have signed up for Buy America
notices. FRA received twelve comments to the Web site notice. Almost
all of the commenters recommended denying the waiver; however, no
commenter identified a supplier for the hinges. FRA also used the
services of the National Institute of Standards and Technology's
Manufacturing Extension Partnership (NIST-MEP) in order to scout for
domestic sources for the hinges. NIST-MEP did not identify any exact
matches. An ``exact match'' would mean a manufacturer already produces
the same item immediately suitable for use in the project. NIST-MEP did
identify twenty-seven manufacturers that may have the capabilities to
produce the gate hinge needed for the project. However, only three of
these twenty-seven manufacturers made a similar item that with some
modification and testing may have been suitable for use in the project.
IDOT worked with NIST-MEP to contact these three firms. IDOT
identified one U.S. manufacturer that stated it had the capability to
produce the type of adjustable hinge needed for the gate. IDOT has been
working with that manufacturer; however, the manufacturer's efforts on
IDOT's behalf have not yet yielded a hinge having the qualities needed
for this project. In addition, once functional prototypes are delivered
to IDOT, they will still need to be tested in adverse climates,
including winter weather. Further delays in delivery could delay
testing until winter 2015-16 and useable hinges are necessary to ensure
that major segments of the HSR project are completed next year.
To meet this schedule, on September 25, 2014, IDOT updated its
initial Buy America request asking that 350 of the required 600 Sure
Close hinges, costing approximately $110,000, be allowed for use in
current and soon-to-be awarded
[[Page 8133]]
construction contracts. In this letter, IDOT asserts that if the
manufacturer ``prototype is delivered in time to allow testing this
winter, and the testing is successful, IDOT commits to using'' the
domestically produced hinges for the remaining 250 pedestrian gate
installations. If a functional prototype is not available for testing,
IDOT may need to install the additional 250 hinges with the Sure Close
hinge. IDOT continues to assert that use of a self-closing, force
adjustable gate hinge such as the Sure Close Hinge is essential for
maintaining safe pedestrian grade crossings and that a similar hinge
remains unavailable from a U.S. source.
After receiving the September 25, 2014 updated waiver request from
IDOT, FRA again provided notice and an opportunity for comment on its
public Web site, as well as by emailing the Buy America listserv. FRA
received two comments. One commenter supported the waiver, while the
other commenter did not support the waiver. Once again, no commenter
identified a domestic supplier for the hinges.
Based on NIST-MEP's scouting report, which did not identify a U.S.
manufacturer that makes the same item, IDOT's inability at this time to
locate a domestic gate hinge for pedestrian crossings meeting IDOT's
safety and schedule needs, and the fact that the public did not
identify a domestic source, FRA finds that gate hinges ``produced in
the United States are not of a satisfactory quality.'' Therefore, FRA
grants a waiver under 49 U.S.C. Sec. 24405(a)(2)(B) (goods of a
satisfactory quality are not produced in the United States).
Pursuant to 49 U.S.C. Sec. 24405(a)(4), FRA is publishing notice
of its decision to grant IDOT's waiver request in the Federal Register
and provide notice of such finding and an opportunity for public
comment after which this waiver will become effective. FRA expects IDOT
to continue to use its best efforts to work with the proposed domestic
manufacturer and procure domestically-produced hinges for the remaining
250 gate installations.
Question about this letter can be directed to, John Johnson,
Attorney-Advisor, at [email protected] or (202) 493-0078.
Sincerely,
Sarah Feinberg
Acting Administrator
Issued in Washington, DC on February 6, 2015.
Melissa L. Porter,
Chief Counsel.
[FR Doc. 2015-02996 Filed 2-12-15; 8:45 am]
BILLING CODE 4910-06-P