[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76739-76740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31153]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2015-0026]
Notice of a Buy America Waiver for Proposed Innovative Electronic
Platform Track Intrusion System
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of a Buy America waiver.
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SUMMARY: The Federal Transit Administration (FTA) received a request
from the Los Angeles County Metropolitan Transportation Authority
(LACMTA) for a Buy America non-availability waiver for the procurement
of a proposed innovative electronic platform track intrusion system
(PTIDS). LACMTA seeks to procure the PTIDS for research and testing
purposes to determine whether such a system will help to increase rail
safety by identifying obstacles in the right-of-way. PTIDS uses radar
transponder technology, such as sensors, to detect intrusions on rail
tracks. If an object is detected, the sensors immediately send
notification to personnel who may then stop the train and take
appropriate action. LACMTA seeks a waiver for the PTIDS because it
contains twelve components, six of which only are available from a
single source and currently are not manufactured in the United States.
In accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice of
the waiver request and sought public comment in deciding whether to
grant the request. Having received no comments opposing the waiver, FTA
is hereby granting a non-availability waiver for this one procurement
of the specific PTIDS components identified in this waiver request, and
not to any future procurement by LACMTA or others.
DATES: This waiver is effective immediately.
FOR FURTHER INFORMATION CONTACT: Laura Goldin, FTA Attorney-Advisor, at
(202) 366-2743 or [email protected].
SUPPLEMENTARY INFORMATION: The purpose of this Notice is to announce
that FTA is granting a non-availability waiver to LACMTA for the
procurement of a PTIDS. On May 1, 2015, LACMTA requested a Buy America
non-availability waiver for the PTIDS because several components are
only available from a single source and are not produced in sufficient
and reasonably available quantities of a satisfactory quality in the
United States. 49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(c).
LACMTA operates both heavy rail and light rail for 80 stations
spanning 87 service miles. In December 2013, LACMTA entered into a
partnership with Honeywell International, Inc. (Honeywell) and ProTran
Technology LLC to submit an application in response to FTA's Notice of
Funding Availability Solicitation of Project Proposals for Innovative
Safety, Resiliency, and All-Hazards Emergency Response and Recovery
Research Demonstrations. The goal of LACMTA's proposal is to
demonstrate that the PTIDS is the most reliable, efficient, and secure
system available and can immediately identify any right-of-way
obstacles. The PTIDS relies on radar transponder technology to send an
instant warning to rail operation safety systems and personnel. If an
intrusion is detected, the PTIDS sensors trigger safety systems and
notify personnel, so that the train can be stopped. Due to the accuracy
and immediacy of the technology, LACMTA claims that the PTIDS allows
for the greatest response time so more accidents will be avoided.
[[Page 76740]]
PTIDS also has fail-safe mechanisms and uses algorithms to prevent
false alarms, which plague many other platform intrusion detection
systems on the market. In addition, LACMTA states that some components
of this system are custom-designed. For instance, the PTIDS uses a
radio-wave based sensor sub-system, a signal processing sub-system, a
video sub-system, and a communications sub-system that provides alerts
to operators. All of these sub-systems work together and are connected
to one another by custom cables that are designed for the particular
rail system and equipment. Honeywell currently manufactures the safety
system equipment in Germany. LACMTA states that some PTIDS components
currently are not available in the United States and no U.S.
manufacturers make acceptable substitutes. Therefore, LACMTA requested
a Buy America non-availablily waiver for certain PTIDS components that
are manufactured abroad. 49 CFR 661.7.
According to LACMTA's request, six of the 12 components that
comprise the PTIDS are foreign-made and require a non-availability
waiver under 49 CFR 661.7. Those components requiring a waiver are: The
AXIS fixed outdoor dome camera manufactured in Sweden; the AXIS wall
mount for dome cameras manufactured in Sweden; the Honeywell Module
Radar Sensor Modules Pair manufactured in Germany; the Honeywell GPC/
CCU controller units manufactured in Germany; the Honeywell GPC Cabinet
for equiptment manufactured in Germany and; the Honeywell Custom Cables
for interconnection manufactured in Germany.
FTA also conducted a scouting search through its Interagency
Agreement with the U.S. Department of Commerce's National Institute of
Standards and Technology (NIST). The scouting search identified three
domestic manufacturers as potential matches for this opportunity:
Extreme Endeavors in West Virginia, Innovative Solutions Through
Technology in Kentucky, and BFW, Inc. in Kentucky. The manufacturers
identified either produce similar products to the PTIDS sought, possess
the capabilities to produce this PTIDS, have produced an item similar
to the PTIDS in the past, or have expressed a business interest in
producing the PTIDS. However, none of these U.S. manufacturers
identified currently produce the exact PTIDS that LACMTA is seeking, as
described in this Notice.
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).
LACMTA requested a Buy America non-availability waiver in order to
conduct research on and test the PTIDS for future use. LACMTA also
notes that Honeywell may consider domestic manufacturing of certain
elements of the PTIDS if this research and testing is successful and if
there is adequate industry demand.
On Tuesday, September 29, 2015, and in accordance with 49 U.S.C.
5323(j)(3)(A), FTA published a notice in the Federal Register
announcing the LACMTA Buy America waiver request (80 FR 58530), seeking
comment from all interested parties, including potential vendors and
suppliers. The comment period closed on October 13, 2015, and no
comments were received. Based on the representations from LACMTA, the
lack of any comments, and the fact that the NIST supplier scouting
search did not identify a domestically made PTIDS, FTA is granting a
non-availability waiver for the procurement of a PTIDS described above.
Issued on December 7, 2015.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2015-31153 Filed 12-9-15; 8:45 am]
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