[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37728-37729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16064]



[[Page 37728]]

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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 Rhode 
Island Department of Transportation and the National Railroad Passenger 
Corporation for the Purchase of Two Turnouts and One Crossover

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 Rhode Island Department of Transportation (RIDOT) 
and the National Railroad Passenger Corporation (Amtrak), a waiver from 
FRA's Buy America requirement under 49 U.S.C. 24405(a)(2)(B) for the 
purchase of one No. 20 RH 136RE Turnout, one No. 20 LH 136RE Turnout, 
and one No. 20 LH Crossover 136RE (Turnouts and Crossover) manufactured 
by VAE Nortrak North America, Inc. at its plant in Birmingham, Alabama, 
for use in the Kingston Track Capacity and Platform Improvements 
Project (Kingston Project). Nortrak will manufacture the Turnouts and 
Crossover at its plant in Birmingham, Alabama. The Turnouts and 
Crossover will contain four components (ZU1-60 steel left and right 
switch point rail sections and Schwihag roller assemblies and plates) 
not produced in the U.S. The roller assemblies and plates are 
manufactured in Switzerland, and the ZUl-60 steel switch point rail 
sections are manufactured in Austria. The total amount of foreign 
material under this waiver request amounts to approximately $126,000. 
The foreign material comprises approximately 8 percent of the Turnouts' 
$350,000 cost or approximately $56,000 and 10 percent of the 
Crossover's $700,000 cost or approximately $70,000. FRA believes a 
waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the ZUI-60 
steel switch point rail sections and roller assemblies and plates 
because domestically-produced components meeting the specific needs of 
RIDOT and Amtrak are not currently produced in the U.S.

DATES: Written comments on FRA's determination to grant RIDOT's and 
Amtrak's Buy America waiver request should be provided to the FRA on or 
before July 6, 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 RIDOT's and Amtrak's 
request is quoted below:

Mr. Bernard Reynolds
Vice President and Chief Procurement Officer
National Railroad Passenger Corporation (Amtrak)
60 Massachusetts Avenue NE
Washington, D.C.

Mr. Michael Lewis
Director
Rhode Island Department of Transportation
Two Capitol Hill
Providence, RI 02903

Re: Request for Waiver of Buy America Requirement

Dear Mr. Reynolds and Mr. Lewis:
    On January 26, 2015, the Rhode Island Department of Transportation 
(RIDOT) and the National Railroad Passenger Corporation (Amtrak) 
requested a waiver from FRA's Buy America requirement to purchase one 
(1) No. 20 RH 136RE turnout, one (1) No. 20 LH 136RE Turnout, and one 
(1) No. 20 LH Crossover 136RE (Turnouts and Crossover) manufactured by 
VAE Nortrak North America, Inc. (Nortrak) for use in the Kingston Track 
Capacity and Platform Improvements Project (Kingston Project). Nortrak 
will manufacture the Turnouts and Crossover at its plant in Birmingham, 
Alabama, but the Turnouts and Crossover will contain several components 
(ZU1-60 steel left and right switch point rail sections and Schwihag 
roller assemblies and plates) not produced in the United States. The 
total amount of foreign material is approximately $126,000. For the 
reasons set forth below, FRA is granting a waiver for the purchase of 
the Turnouts and Crossover.
    FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) 
for the ZUI-60 steel switch point rail sections and Schwihag roller 
assemblies and plates because domestically-produced components meeting 
the specific needs of RIDOT and Amtrak for this application are not 
currently ``produced in sufficient and reasonably available amount or 
are not of a satisfactory quality.''
    Amtrak has conducted significant market research to locate 100 
percent compliant turnouts. Further, Nortrak has advised Amtrak that it 
is in the process of designing 100% domestic replacements for the 
Schwihag rollers and plates, and expects to have them fully tested and 
approved in one to two years. However, Nortrak will not complete the 
testing and approval process in time for use in the Kingston Project. 
In addition, Amtrak issued a competitive solicitation for the Turnouts 
and Crossover and received no Buy America compliant bids.
    On January 30, 2015, FRA provided public notice of this waiver 
request and a 15-day opportunity for comment on its Web site. FRA also 
sent an email notice to over 6,000 persons who have signed up for Buy 
America notices through ``GovDelivery.'' See http://www.fra.dot.gov/Page/P0782. FRA received no comments.
    This waiver applies only to the ZUI-60 steel switch point rail 
sections and

[[Page 37729]]

Schwihag roller assemblies and plates used in the Turnouts and 
Crossover installed in the Kingston Project. Pursuant to 49 U.S.C. 
24405(a)(4), FRA will publish this letter granting Amtrak's and RIDOT'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.
    Questions about this letter can be directed to, John Johnson, 
Attorney-Advisor, at [email protected] or (202) 493-0078.

Sincerely,

Sarah Feinberg
Acting Administrator

    Issued in Washington, DC, on June 22, 2015.
Sarah L. Inderbitzin,
Deputy Chief Counsel.
[FR Doc. 2015-16064 Filed 6-30-15; 8:45 am]
BILLING CODE 4910-06-P