[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21298-21299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08786]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]


Notice of Intent To Grant a Buy America Waiver to the New York 
Metropolitan Transportation Authority for the Use of Transponders and 
Temporary Speed Restriction Safety Servers

AGENCY: Federal Railroad Administration (FRA), United States Department 
of Transportation (DOT).

ACTION: Notice of intent to grant Buy America waiver.

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SUMMARY:  FRA is issuing this notice to advise the public that it 
intends to grant the New York Metropolitan Transportation Authority 
(MTA) on behalf of its commuter railroad subsidiaries, Long Island Rail 
Road (LIRR) and Metro-North Commuter Railroad Company (Metro-North), a 
waiver from FRA's Buy America requirement for the use of (a) 
transponders and (b) Temporary Speed Restriction (TSR) safety servers, 
which are made in Sweden. Transponders and TSR safety servers are two 
components of LIRR's and Metro-North's Positive Train Control system 
(PTC). The two non-domestic components represent approximately 1% of 
the $428 million total value of the contracts Metro-North and LIRR 
entered into with a system integrator to design and furnish PTC (PTC 
Contracts). The TSR safety servers cost less than $1 million and the 
transponders approximately $4 million. FRA anticipates funding the PTC 
Contracts, and other PTC-related projects, under a $967.1 million FRA 
Railroad Rehabilitation & Improvement Financing loan.

DATES: Written comments on FRA's determination to grant MTA's Buy 
America waiver request should be provided to the FRA on or before April 
22, 2015.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FRA-2012-0033. 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; 
or
    (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 
Railroad Administration'' and include docket number FRA-2012-0033. 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 http://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: Mr. John Johnson, Attorney-Advisor, 
FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 25, 
Washington, DC 20590, (202) 493-0078, [email protected].

SUPPLEMENTARY INFORMATION: 
    The letter granting MTA's request is quoted below:

Mr. Richard L. Gans
Vice President--General Counsel & Secretary
Long Island Rail Road
Jamaica Station
Jamaica, NY 11435-4380

Re: Request for Waiver of Buy America Requirement

Dear Mr. Gans:

    As you are aware, on February 19, 2015, the New York 
Metropolitan Transportation Authority (MTA) on behalf of its 
commuter railroad subsidiaries, Long Island Rail Road (LIRR) and 
Metro-North Commuter Railroad Company (Metro-North), requested a 
waiver from the Federal Railroad Administration's (FRA) Buy America 
requirement to purchase (a) transponders and (b) Temporary Speed 
Restriction (TSR) safety servers for use in LIRR's and Metro-North's 
Positive Train Control system (PTC). The Rail Safety Improvement Act 
of 2008 requires certain railroads, including LIRR and Metro-North, 
to implement a PTC system on all nonexempt commuter main-line tracks 
by December 31, 2015. Facilitating PTC implementation is one of 
FRA's top priorities.
    MTA requested the waiver, stating that the components were not 
produced in the U.S. in sufficient and reasonably available amounts 
or are not of a satisfactory quality. The transponders and TSR 
safety servers are manufactured in Sweden. The two non-domestic 
components represent approximately 1% of the total value of the PTC 
system integrator contracts (PTC Contracts). MTA values the TSR 
safety servers at less than $1 million and the transponders at 
approximately $4 million. Total contract costs are approximately 
$428 million. For the reasons set forth below, FRA is granting a 
waiver for the purchase of the transponders and TSR safety servers.
    A waiver is appropriate because domestically-produced 
transponders and TSR safety servers meeting MTA's technical and 
schedule requirements are not currently ``produced in sufficient and 
reasonably available amount or are not of a satisfactory quality.'' 
Coordinating with FRA, MTA engaged the U.S. Department of Commerce's 
National Institute of Standards and Technology's Hollings 
Manufacturing Extension Partnership (NIST-MEP) to conduct market 
research for the transponders and TSR safety servers. In conducting 
that research, MTA contacted several potential manufacturers 
identified by NIST-MEP. None produced the transponders or TSR safety 
servers.
    On February 20, 2015, FRA provided public notice of this waiver 
request and a 15-day opportunity for comment on its Web site. FRA 
also emailed notice to over 6,000 persons who have signed up for Buy 
America notices through ``GovDelivery.'' See http://www.fra.dot.gov/Page/P0784. FRA received one comment, which was not responsive to 
this waiver request. FRA will publish this letter granting MTA's 
request in the Federal Register and provide notice of such finding 
and an opportunity for public comment after which this waiver will 
become effective.
    Question about this letter can be directed to, John Johnson, 
Attorney-Advisor, at [email protected] or (202) 493-0078.

Sincerely,

Sarah Feinberg
Acting Administrator


[[Page 21299]]


    Issued in Washington, DC, on April 2015.
Melissa L. Porter,
Chief Counsel.
[FR Doc. 2015-08786 Filed 4-16-15; 8:45 am]
 BILLING CODE 4910-06-P