[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Pages 59230-59231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28554]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration
[Docket No. FRA-1999-6405]


Petition for Buy American Exemption; National Railroad Passenger 
Corporation

    Notice is hereby given that the National Railroad Passenger 
Corporation (Amtrak) has petitioned the Federal Railroad Administration 
(FRA) for an exemption under 49 U.S.C. 24305(f) from its statutory 
domestic buying preference to permit Amtrak to purchase a Talgo 
trainset for approximately $11.1 million. The trainset consists of 
fourteen cars: one business car, one accessible business class car, six 
coaches, two accessible coaches (one with 2 x 1 seating and one with 2 
x 2 seating), one bistro, one diner, one end-service car, and one 
baggage car. The vendor, Talgo, Inc., is a Washington corporation that 
is owned by Patentes Talgo SA, a major Spanish manufacturer of railway 
equipment. Amtrak and Talgo, Inc. estimate that approximately 33% of 
the total person-hours to construct, test and deliver this trainset 
have been performed in the United States, and that about 30% of the 
components have been manufactured in the United States.
    Under 49 U.S.C. 24305(f)(2) Amtrak is required to buy only 
manufactured articles, material and supplies (costing in excess of 
$1,000,000) manufactured in the United States substantially from 
articles, material, and supplies mined, produced, or manufactured in 
the United States. The Secretary of Transportation is authorized to 
exempt Amtrak from this requirement if the Secretary decides that for 
particular articles, material, or supplies imposing the Buy American 
requirements would be inconsistent with the public interest; or that 
the cost of imposing the requirements would be unreasonable; or if the 
Secretary determines that the articles, material, or supplies, or the 
articles, material, or supplies from which they are manufactured, are 
not mined, produced, or manufactured in the United States in sufficient 
and reasonably available commercial quantities and are not of a 
satisfactory quality; or with respect to rolling stock or power train 
equipment, if the Secretary concludes that the rolling stock or 
equipment cannot be bought and delivered in the United States within a 
reasonable time. The Secretary's authority has been delegated to the 
Federal Railroad Administrator.
    On July 22, 1996, the FRA granted a request from Amtrak for a Buy 
American exemption to purchase one Talgo trainset for use in Amtrak's 
Northwest Corridor (NW Corridor) service between Seattle and Vancouver, 
British Columbia.
    In support of its current request, Amtrak has indicated that the 
public interest supports Amtrak's acquisition of this additional 
trainset, that trainsets that are compatible with those previously 
purchased by the Washington State Department of Transportation and 
Amtrak for use in the NW Corridor are not produced or built in this 
country, so that there are no sufficient and reasonably available 
commercial quantities of such trainsets manufactured here, and that the 
trainset that is the subject of this request is

[[Page 59231]]

currently under lease to Amtrak and, beginning on or about September 2, 
1999, will be operated in NW Corridor service. Amtrak states that the 
acquisition of any other type of new rail passenger equipment for this 
service would entail a delay of many months or years.
    The Administrator has determined that the decision on Amtrak's 
request would benefit from an opportunity for public comment. All 
communications concerning this proceeding should be identified with 
Docket Number FRA-1999-6405 and must be submitted to the Docket Clerk, 
DOT Central Docket Management Facility, Room PL-401, 400 Seventh, SW, 
Washington, DC 20590-0001. Communications received within 30 days of 
publication of this notice will be considered by FRA before final 
action is taken. Comments received after that date will be considered 
to the extent possible. All written communications concerning this 
proceeding, including Amtrak's request, are available for examination 
during regular business hours (9 a.m. to 5 p.m.) at DOT Central Docket 
Management Facility, Room PL-401 (Plaza Level), 400 Seventh, SW, 
Washington, DC 20590-0001. All documents in the public docket are also 
available for inspection and copying on the Internet at the docket 
facility's Web site at
http://dms.dot.gov.
    In a related notice published in today's Federal Register, FRA has 
given notice that Amtrak has also filed a petition with FRA for 
grandfathering of Talgo articulated trainsets for operation on the rail 
lines between Vancouver, British Columbia and Eugene, Oregon; between 
Las Vegas, Nevada and Los Angeles, California; and between San Diego 
and San Luis Obispo, California. FRA's approval is required because the 
Talgo equipment does not meet the FRA static end strength requirements 
for passenger rail equipment found at 49 CFR 238.203. A thirty day 
comment period is also being provided for this proceeding.

    Issued in Washington, DC on October 27, 1999.
Jolene M. Molitoris,
Administrator.
[FR Doc. 99-28554 Filed 11-1-99; 8:45 am]
BILLING CODE 4910-06-P