[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Notices]
[Pages 56618-56619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22488]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0021]


Notice of Proposed Buy America Waiver for a Variable Refrigerant 
Flow HVAC System

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of proposed Buy America waiver and request for comment.

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SUMMARY: The Federal Transit Administration (FTA) received a request 
for a waiver to permit the purchase of a Variable Refrigerant Flow 
(VRF) HVAC system that is non-compliant with Buy America requirements 
using FTA funding. The request is from the San Bernardino Associated 
Governments (SANBAG) for the Omnitrans San Bernardino Transit Center 
(SBTC). In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing 
notice of the waiver request and seeks public comment before deciding 
whether to grant the request. If granted, the waiver would apply only 
to the FTA-funded procurement of a VRF HVAC system by SANBAG.

DATES: Comments must be received by September 29, 2014. Late-filed 
comments will be considered to the extent practicable.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FTA-2014-0021:
    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, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
    4. Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001 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-2014-0021. Due 
to the security procedures in effect since October 2011, 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 http://www.regulations.gov. For more 
information, you may review DOT's complete Privacy Act Statement in the 
Federal Register published April 11, 2000 (65 FR 19477), or you may 
visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard L. Wong, FTA Attorney-Advisor, 
at (202) 366-4011 or [email protected].

SUPPLEMENTARY INFORMATION: The Federal Transit Administration (FTA) 
seeks comment on whether it should grant a non-availability waiver for 
the San Bernardino Associated Governments' (SANBAG) procurement of a 
Variable Refrigerant Flow (VRF) HVAC system for the Omnitrans San 
Bernardino Transit Center (SBTC) using FTA grant funding.
    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 must 
take place in the United States; and (2) all of the components of the 
product must be 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).
    SANBAG is requesting a non-availability waiver for its procurement 
of a VRF HVAC system that will be installed in a multimodal transfer 
facility in downtown San Bernardino, California, which will serve both 
transit patrons and operators of Omnitrans' fixed route buses, the 
newly opened sbX bus rapid transit (BRT) line, the Victor Valley 
Transit Authority, the Mountain

[[Page 56619]]

Area Regional Transit Authority, and the Southern California Regional 
Rail Authority (Metrolink). This facility is being built to U.S. Green 
Building Council (USGBC) Leadership in Energy and Environmental Design 
(LEED) standards and will incorporate a number of sustainable and 
energy efficient elements. One of those elements is a VRF HVAC system 
that, among other things, is space saving, has invertor technology, 
efficiency, and a non-ozone depleting refrigerant that domestic 
manufacturers of HVAC systems do not provide. According to SANBAG, its 
contractor was directed to evaluate the substitution of a Buy America-
compliant Variable Air Volume (VAV) system, but the contractor advised 
SANBAG that the VAV system would endanger the project's LEED Gold 
certification because of the difference in efficiency between the VAV 
and VRF HVAC systems. In addition, the substitution of a VAV system 
would require significant changes to the project, such as the 
alteration of already-erected structural elements that were designed to 
accommodate a VRF system and additional design changes and plan reviews 
by the City of San Bernardino.
    SANBAG points to a recent non-availability waiver FTA issued to St. 
Louis' MetroLink for a similar VRF system (79 FR 34653, June 17, 2014), 
as well as to a blanket non-availability waiver issued by the U.S. 
Department of Energy (DOE) in 2010 for VRF HVAC systems procured with 
American Reinvestment and Recovery Act funding (75 FR 35447, June 22, 
2010). According to SANBAG, the U.S. DOE's determination of non-
availability and FTA's recent St. Louis MetroLink waiver, as well as 
their own contractor's research, indicate that this product is not 
manufactured domestically.
    The purpose of this notice is to publish SANBAG's request and to 
seek public comment from all interested parties in accordance with 49 
U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely the 
facts surrounding the request, including the effects of a potential 
waiver and the merits of the request. A full copy of the request has 
been placed in docket number FTA-2014-0021.

Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2014-22488 Filed 9-19-14; 8:45 am]
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