[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71121-71122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29525]



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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2011-0064]


Notice of Proposed Buy America Waiver

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of proposed Buy America waiver.

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SUMMARY: The Philadelphia Center City District (CCD) has asked the 
Federal Transit Administration (FTA) to waive its Buy America 
requirements as applied to a proposed contract award for the renovation 
of Dilworth Plaza adjacent to City Hall in Philadelphia, Pennsylvania. 
More specifically, CCD is seeking a waiver for the procurement of glass 
panels needed to construct two structural glass pavilions covering 
stairs leading from the surface level to underground transit stations 
operated by the Southeastern Pennsylvania Transportation Authority.

DATES: Comments must be received by November 23, 2011. Late-filed 
comments will be considered to the extent practicable.

ADDRESSES: Please submit your comments by only one of the following 
means, identifying your submissions by docket number FTA-2011-0064. 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.
    (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 
Transit Administration'' and include docket number FTA-2011-0064. 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 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: Jayme L. Blakesley at (202) 366-0304 
or [email protected].

SUPPLEMENTARY INFORMATION: The purpose of this Notice is to seek public 
comment on whether the Federal Transit Administration should waive its 
Buy America requirements of 49 CFR part 661 to permit the Center City 
District to award a construction contract for the renovation of 
Dilworth Plaza, located adjacent to City Hall in Philadelphia, 
Pennsylvania, where no proposal submitted to CCD included a valid Buy 
America Certificate of Compliance.
    The FTA's general requirements concerning domestic preference for 
the procurement of manufactured products are set forth in 49 U.S.C. 
5323(j). Under 49 U.S.C. 5323(j)(2)(B), and the implementing 
regulation, 49 CFR 661.7(c), those requirements may be waived if the 
goods produced in the United States are not produced in a sufficient 
and reasonably available amount. The FTA will presume that conditions 
exist to grant a non-availability waiver if no responsive and 
responsible bid is received that offers the items produced in the 
United States. 49 CFR 661.7(c)(1).
    Structural glass is a manufactured product. As such, it must comply 
with the standard set forth at 49 CFR 661.5(d): All of the 
manufacturing processes for the product must take place in the United 
States. A manufacturing process requires the alteration of materials or 
elements resulting in either added value or transformation of those 
materials or elements into a functionally different end product.
    On September 20, 2011, CCD received proposals from nine general 
contractors. The proposals included glass panels to be utilized in the 
construction of two structural glass pavilions as part of the 
renovations. Based on research conducted in early 2011, CCD's design 
team concluded that no glass manufacturer had the capability to 
fabricate the glass panels in the United States. This is due to the 
size of the panels and the laminated glass make-up and edge polishing 
requirements. Although five proposals included a Buy America 
Certificate of Compliance, CCD determined that each proposer certifying 
compliance offered glass panels that included at least one 
manufacturing process occurring outside the United States.
    The two all-glass entry pavilions are to be comprised of structural 
glass panels including glazing and other systems as follows:
    a. Pavilion Walls (52 total panels): Frameless 5-ply (10 mm ply) 
laminated heat strengthened low iron glass panels with ionoplast 
interlayer, DuPontTM SentryGlas or approved equal. The 
manufacturer must be capable of fabricating the described panel with 
the following dimensions--61'' x 232''.
    b. Pavilion Roof Panels (36 total panels): Frameless 7-ply (10 mm 
ply) laminated heat strengthened low iron glass panels with ionoplast 
interlayer DuPontTM SentryGlas or approved equal. The 
manufacturer must be capable of fabricating the described panel with 
the following dimensions--56'' x 202''.
    The glass edges of single plies must be machine-polished. The 
panels must be fabricated so that all sealant joints are capable of 
withstanding tensile and shear stresses imposed, and capable of 
withstanding joint movements imposed without failing adhesively or 
cohesively.
    To ensure consistent quality of appearance and performance, CCD has 
specified that the glass panels must be produced by a single 
manufacturer or fabricator for each kind and condition of glass 
indicated in the specifications, and composed of primary glass obtained 
from a single source for each type and class required. Heat-Treated 
Float Glass must be fabricated to ASTM C 1048; Type I; Quality-Q3; 
Class I (clear). Wall panels must be fabricated by horizontal (roller-
hearth) process with roll-wave distortion parallel to bottom edge of 
glass as installed.
    Of the manufacturing processes described above, it is FTA's 
understanding that facilities do not exist in the United States to 
perform one or more of the manufacturing processes. CCD has requested a 
non-availability waiver that would allow certain processes to occur 
outside the United States. If granted, the non-availability waiver for 
this project would be limited to the specific manufacturing processes 
that cannot be done in the U.S. All other manufacturing processes would 
need to take place in the United States, as required by the Buy America 
rules.
    In the interest of transparency, FTA has published copies of CCD's 
request to

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the docket. Interested parties may access these materials by visiting 
the docket site at http://www.regulations.gov, docket number FTA-2011-
0064. Before deciding whether to grant CCD's request, FTA seeks comment 
from all interested parties. FTA requests that commenters describe the 
manufacturing process for structural glass and identify the processes 
that can and cannot be performed in the United States. Please submit 
comments by November 23, 2011. Late-filed comments will be considered 
to the extent practicable.

    Issued this 8th day of November, 2011.
Dorval R. Carter, Jr.,
Chief Counsel.
[FR Doc. 2011-29525 Filed 11-15-11; 8:45 am]
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