[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Notices]
[Pages 75857-75858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29730]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0025]


Notice of Proposed Buy America Waiver for Track Turnout 
Components

AGENCY: Federal Transit Administration, DOT.

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

-----------------------------------------------------------------------

SUMMARY: The Federal Transit Administration (FTA) is providing notice 
of a request from the New York Metropolitan Transportation Authority's 
Long Island Rail Road (LIRR) to waive Buy America requirements for the 
purchase of components of high-speed track turnouts that do not meet 
FTA's Buy America requirements. The LIRR submitted the request in 
connection with three projects: (1) LIRR's 2015 State of Good Repair 
Program; (2) the East Side Access Project; and (3) LIRR's Jamaica 
Capacity Improvement Project. Pursuant to 49 U.S.C. 5323(j)(3)(A), FTA 
is providing notice of the waiver request and is seeking public comment 
before deciding whether to grant the request. If granted, the waiver 
would apply only to the FTA-funded procurements in LIRR's 2015 State of 
Good Repair Program, the East Side Access Project, and LIRR's Jamaica 
Capacity Improvement Project, and only to the procurement of 
components--the turnouts will be manufactured in the United States.
    This proposed Buy America waiver does not include the turnout 
components for the Northeast Corridor Congestion Relief Project at 
Harold Interlocking, which is being addressed in a separate waiver 
request published by the Federal Railroad Administration (FRA), as FRA 
funds are being used for that project.

DATES: Comments must be received by January 20, 2015. FTA will consider 
late-filed comments to the extent practicable.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FTA-2014-0025:
    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-2014-0025. 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: FTA seeks comment on whether it should a 
grant a non-availability waiver for LIRR's procurements of turnouts 
needed for LIRR's 2015 State of Good Repair Program, the East Side 
Access Project, and LIRR's Jamaica Capacity Improvement Project, which 
are utilizing FTA 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 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. 49 CFR 661.5(d). A component is of U.S. origin if it is 
manufactured in the United States, regardless of the origin of its 
subcomponents. 49 CFR 661.5(d)(2). If 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).
    LIRR is requesting a non-availability waiver for its procurement of 
turnouts needed for LIRR's 2015 State of Good Repair Program, the East 
Side Access Project, and LIRR's Jamaica Capacity Improvement Project. 
The turnouts consist of multiple components, including Schwihag roller 
assemblies, Schwihag plates, ZU1-60 steel switch point rail sections, 
and movable point frogs, which LIRR asserts are not available and are 
not manufactured in the United States. The turnouts

[[Page 75858]]

themselves, however, will be manufactured in the United States.
    LIRR states that these turnouts are essential throughout its system 
for the following operational reasons: (1) the turnouts withstand the 
frequent and heavy use by passenger and freight trains traveling along 
LIRR's right of way; (2) the turnouts accommodate an increased amount 
of rush hour trains and allow them to travel at higher speeds, 
ultimately providing more throughput during LIRR's busiest hours; (3) 
the foreign-made components reduce impact loading to the turnouts; and 
(4) the turnouts provide for less wear and tear, thereby requiring less 
maintenance, extending the useful lives of the turnouts, and requiring 
less outages and negative impacts on LIRR's operations.
    In support of its requests, LIRR points to a non-availability 
waiver that FRA issued to the National Railroad Passenger Corporation 
(also referred to as ``Amtrak'') for the same turnout components on 
April 23, 2013. FRA's waiver was based on a December 2012 Supplier 
Scouting Report (Report) developed by the Manufacturing Extension 
Partnership of the U.S. Department of Commerce's National Institute of 
Standards and Technology (NIST). NIST's Report identified several 
potential U.S. manufacturers of the turnout components, but after 
extensive outreach, FRA determined that no domestic manufacturers were 
willing and capable of producing the components. To support the waiver 
requests that are the subject of this notice, LIRR utilized the NIST 
Report and conducted individualized outreach with each of the 
manufacturers identified in it. LIRR also conducted its own independent 
outreach. Based on these efforts, LIRR has determined that there are no 
U.S. manufacturers that are willing and capable of producing the 
turnout components that are needed for its system.
    Since that initial waiver, FRA published a second notice on 
September 19, 2014, requesting comments on a subsequent request for 
turnout components from LIRR for the Harold Interlocking Project that 
would not meet FRA's Buy America requirements. See, http://www.fra.dot.gov/Page/P0719. FRA's comment period closed on October 6, 
2014, and interested parties can view FRA's determination via the Buy 
America web link in the preceding sentence.
    The purpose of this Notice is to inform potential interested 
vendors of LIRR's requests 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. Full copies of LIRR's requests will be posted in docket number 
FTA-2014-0025, along with any public comments.

Dana Nifosi,
Acting Chief Counsel.
[FR Doc. 2014-29730 Filed 12-18-14; 8:45 am]
BILLING CODE 4910-57-P