[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89573-89574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29684]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0037]
Notice of Buy America Waiver for Ultrastraight Rail
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Buy America waiver.
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SUMMARY: The Federal Transit Administration (FTA) received a request
from the Central Puget Sound Transit Authority (Sound Transit) for a
Buy America non-availability waiver for the procurement of
ultrastraight rail. Sound Transit seeks to procure approximately 15,100
feet ultrastraight rail for a portion of its Northgate Link light rail
extension to avoid exceedance of contractually-mandated vibration
thresholds. The 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 Sound Transit.
DATES: The waiver is effective immediately.
FOR FURTHER INFORMATION CONTACT: Cecelia Comito, Assistant Chief
Counsel, at (202) 366-2217 or [email protected].
SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce
that FTA has granted a Buy America non-availability waiver for Sound
Transit for the procurement of approximately 15,100 feet of
ultrastraight rail pursuant to 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).
Sound Transit's Northgate Link extension is a $1.9 billion rail
project that consists of 4.3 miles and 3 new stations, and runs through
residential and employment areas, including the University of
Washington. Approximately 15,100 feet of that extension will run under
the University of Washington's Health Sciences and Physics-Astronomy
buildings, which house precision-measurement laboratories and
experiments conducted by Nobel Prize winning faculty. The project's
potential impact on the University's buildings was considered as part
of the environmental review process required by the National
Environmental Policy Act (NEPA). In 2006, FTA issued a final Record of
Decision (ROD) for the project, and required implementation of
mitigation measures, including a measure that would minimize vibration
under the University buildings. Sound Transit then executed a 2007
agreement with the University of Washington in which Sound Transit
agreed to not exceed specified vibration thresholds, which could be met
through use of ultrastraight rail, with parameters for that
ultrastraight rail based on American Railway Engineers Maintenance-of-
Way Association (``AREMA'') standards.
Sound Transit contacted domestic rail manufacturers regarding their
ability to produce ultrastraight rail within the agreed upon AREMA
specifications for the rail. Two leading manufacturers, Steel Dynamics,
Inc. (SDI) and EVRAZ North America (EVRAZ), stated unequivocally that
they are unable to fabricate rail that meets the specification. Sound
Transit subsequently explored using domestically-sourced, milled rail.
However, testing of the as-installed milled rail found that the rail
failed to meet the applicable vibration thresholds. Due to its
unsuccessful
[[Page 89574]]
efforts to procure domestically-sourced ultrastraight rail within the
vibration thresholds, Sound Transit seeks a non-availability waiver of
the Buy America requirements for domestically-sourced steel. FTA
published a notice in the Federal Register announcing the Buy America
waiver request (Docket No. FTA-2016-0037) and sought comments from all
interested parties, including potential vendors and suppliers. The
comment period closed on November 8, 2016, and no comments were
received.
Therefore, based on the information supplied in support of Sound
Transit's request for a Buy America waiver and the lack of any
comments, FTA hereby waives its Buy America requirements for the
procurement of ultrastraight rail on the grounds that the manufactured
product is not available in the U.S. This waiver is limited to a single
procurement by Sound Transit for the procurement of approximately
15,100 feet of ultrastraight rail.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016-29684 Filed 12-9-16; 8:45 am]
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