[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76740-76741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31154]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2015-0027]


Notice of Buy America Waiver for Voith Propulsion Unit

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America waiver.

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SUMMARY: The Federal Transit Administration (FTA) received a request 
from the Virginia Department of Transportation (VDOT) for a Buy America 
waiver for Voith Turbo Schneider Propeller GmbH (Voith) 21/R5 
propulsion units based on non-availability. Voith, located in Germany, 
is the sole manufacturer of the required propulsion units. VDOT is 
procuring the propulsion units as part of an engine and drive system 
replacement for the Ferry Boat Pocahontas, which is operated by VDOT. 
There are no domestic manufacturers of equivalent propulsion units. In 
accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice of the 
waiver request and sought public comment in deciding whether to grant 
the request. Having received no comments opposing the waiver, FTA is 
hereby granting a non-availability waiver for this one procurement of 
the specific Voith Turbo Schneider Propeller GmbH identified in this 
waiver request, and not to any future procurement by VDOT or others.

DATES: This waiver is effective immediately.

FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at 
(202) 366-2743 or [email protected].

SUPPLEMENTARY INFORMATION: The purpose of this Notice is to announce 
that FTA is granting a non-availability waiver to VODT for the purchase 
of two (2) Voith 21/R5 propulsion units based on non-availability. On 
August 12, 2015, VDOT requested a Buy America waiver for the 
procurement of the propulsion units. VDOT's request identified Voith, 
located in Germany, as the sole manufacturer of the required propulsion 
units. No known domestic equivalents exist. VDOT is procuring the 
propulsion units as part of an engine and drive system replacement for 
the Ferry Boat Pocahontas, which is operated by VDOT on the Jamestown-
Scotland ferry route crossing the James River in Virginia.
    The original propulsion units have reached the end of their useful 
life. Although the new ferry engines will be manufactured domestically 
by Caterpillar, Inc., the vessel has a specific propulsion design 
utilizing a vertical axis cycloidal propeller. The Pocahontas was 
designed around the vertical propeller configuration. The entirety of 
the vessel's hull, the engine housing, the dimensions of the vessel, 
and the ballast locations, are all configured to work with a vertical 
propulsion unit, which ensures proper piloting and vessel stability. As 
part of the procurement planning, VDOT contracted with Alion Science 
and Technology Corp. (Alion) to develop the design of the entire

[[Page 76741]]

engine replacement. Alion concluded that the Voith propulsion units 
were paired appropriately (in terms of performance and cost) with the 
engines manufactured domestically by Caterpillar.
    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). 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 non-availability waiver. 49 U.S.C. 5323(j)(2)(B); 
49 CFR 661.7(c).
    FTA also conducted a scouting search through its Interagency 
Agreement with the U.S. Department of Commerce's National Institute of 
Standards and Technology (NIST). The scouting search identified one 
domestic manufacturer as a potential match for this opportunity, Astro 
Manufacturing and Design in Ohio. This manufacturer produces a similar 
item to the Vertical Axis Cycloidal Propeller and possesses the 
capabilities to produce the propeller. However, the U.S. manufacturer 
identified does not currently produce the exact propeller that VDOT is 
seeking, as described in this Notice.
    On Tuesday, September 29, 2015, and in accordance with 49 U.S.C. 
5323(j)(3)(A), FTA published a notice in the Federal Register 
announcing the VDOT Buy America waiver request (80 FR 58530), seeking 
comment from all interested parties, including potential vendors and 
suppliers. The comment period closed on Thursday, October 29, 2015 and 
no comments were received. Based on the representations from VDOT, the 
lack of any comments, and the fact that the NIST supplier scouting 
search did not identify any domestically made propulsion units 
utilizing a vertical axis cycloidal propeller, FTA is granting a non-
availability waiver for the procurement of Voith Turbo Schneider 
Propeller GmbH (Voith) 21/R5 propulsion units described above.

    Issued on: December 7, 2015.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2015-31154 Filed 12-9-15; 8:45 am]
 BILLING CODE 4910-57-P