[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Pages 23074-23075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08990]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0003]
Notice of Buy America Waiver for a Fall Arrest System
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Buy America waiver.
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SUMMARY: In response to the request of the Indianapolis Public
Transportation Corporation (IPTC) for a Buy America non-availability
waiver for the
[[Page 23075]]
procurement of a Horizontal Lifeline Fall Protection Maintenance Tie
Back System (System), the Federal Transit Administration (FTA) hereby
waives its Buy America requirements, finding that the materials for
which the waiver is requested are not produced in the United States in
sufficient and reasonably available quantities and of satisfactory
quality. This waiver is limited to a single procurement by IPTC for the
System.
DATES: This waiver is effective immediately.
FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at
(202) 366-2743 or [email protected].
SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce
that FTA has granted a Buy America non-availability waiver for IPTC for
the procurement of a Horizontal Lifeline Fall Protection Maintenance
Tie Back System under 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c).
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 non-availability waiver.
49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). ``It will be presumed that
the conditions exist to grant this non-availability waiver if no
responsive and responsible bid is received offering an item produced in
the United States.'' 49 CFR 661.7(c)(1).
IPTC is constructing a Downtown Transit Center (DTC) in
Indianapolis, Indiana, that will serve as the hub for public transit.
It will include a large indoor public waiting area and bus bays while
serving pedestrians, cyclists, and bus riders. Per Occupational Safety
and Health Administration (OSHA) regulations, IPTC is required to
provide fall protection for employees performing maintenance on the new
building. IPTC entered into a contract with Weddle Bros. Building Group
(WBBG) in early September 2014 for the construction of the DTC. WBBG
certified in good faith that it would comply with Buy America. As part
of the project, IPTC issued an RFP for the complete design, supply, and
installation of a fall protection maintenance tie-back system to
safeguard personnel to include all cable, intermediate brackets, end
terminations, and modifications of structural steel as required for
supplementary support of stanchions, user equipment, and attachment to
roof structure for a complete and working fall protection maintenance
tie-back system.
Two firms, American Anchor and Pro-Bel Group, responded to the RFP,
but did not certify compliance with the Buy America regulations. The
cables and tensioning system are not manufactured domestically for Pro-
Bel. The hands-free set ups are not manufactured domestically for
American Anchor. IPTC submitted a waiver request based on non-
availability under 49 CFR 661.7(c). FTA also conducted a scouting
search for the fall arrest system through its Interagency Agreement
with the U.S. Department of Commerce's National Institute of Standards
and Technology (NIST). The scouting search did not identify a domestic
manufacturer of a system that met IPTC's specifications.
On Tuesday March 22, 2016, and in accordance with 49 U.S.C.
5323(j)(3)(A), FTA published a notice in the Federal Register
announcing the Buy America waiver request (81 FR 15411), seeking
comment from all interested parties, including potential vendors and
suppliers. The comment period closed on March 29, 2016, and no comments
were received.
Therefore, based on the information supplied in support of IPTC's
request for a Buy America waiver for the System, including NIST's
inability to locate a domestic manufacturer that currently produces a
similar system and the lack of any comments, FTA hereby waives its Buy
America requirements for the Horizontal Lifeline Fall Protection
Maintenance Tie Back System on the grounds that the manufactured
product is not available in the U.S. This waiver is limited to a single
procurement for the Horizontal Lifeline Fall Protection Maintenance Tie
Back System by IPTC.
Issued on April 14, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-08990 Filed 4-18-16; 8:45 am]
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