[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Pages 23075-23076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08978]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0006]


Notice of Buy America Waiver for Steel Excavator With a 
Continuous Wield Platform

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America waiver.

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SUMMARY: In response to the request of Metro North Railroad (MNR) for a 
Buy America non-availability waiver for the procurement of a steel 
excavator with a continuous wield platform (CWP), the Federal Transit 
Administration (FTA) hereby waives its Buy America requirements, 
finding that the materials for which the waiver is requested are not 
produced in the United States in sufficient and reasonably available 
quantities and of satisfactory quality. This waiver is limited to a 
single procurement by MNR for the CWP.

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 has granted a Buy America non-availability waiver for MNR for 
the procurement of a steel excavator with a CWP, under 49 U.S.C. 
5323(j)(2)(B) and 49 CFR 661.7(c).
    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). Under 49 U.S.C. 5323(j)(2)(C), rolling stock must contain 
more than 60 percent domestic content and final assembly must occur in 
the U.S. The CWP is subject to the rolling stock requirements. 49 CFR 
661.3.
    MNR operates commuter rail service spanning 787 track miles. MRN 
has a large length of track along the shore line and flooding along the 
line can occur regularly at many of these locations. The risk of 
flooding can be reduced by keeping drainage infrastructure clear of 
debris. Specialized equipment such as the CWP can quickly clear the 
right of way after storms enabling the resumption of passenger train 
service. After Hurricane Sandy, MNR leased a CWP, but given limited 
availability, as well as the higher cost of leasing, MNR believes that 
purchase of the CWP is necessary to ensure that it will be

[[Page 23076]]

available to expedite service restoration and was provided funding to 
purchase such equipment from FTA through the emergency relief funds 
allocated for Superstorm Sandy.
    A CWP is a support vehicle train which consists of several 
platforms suitable for holding/hauling and picking up or distributing a 
variety of materials, such as rocks, riprap, dirt or debris. The 
equipment is similar to an excavator which has an articulated arm, with 
the main difference being that it rides on rails and sits on a 
connected platform where it can dump or pick up material from in order 
to perform its functions. The main tasks for which the MNR uses the CWP 
is shoreline stabilization/restoration and for removing debris from the 
right-of-way after storms.
    MNR prepared and advertised a solicitation for the CWP on January 
9, 2015. On February 5, 2015, BRRI, a Canadian firm, submitted a 
Certificate of Non-Compliance because the final assembly of the 
equipment would take place in Canada, although content of the material 
used would be 77% domestic origin.
    MNR did extensive follow-up after receiving only one bid, including 
contacting seven vendors who did not submit bids and undertaking 
research to determine whether a CWP that met both the domestic content 
and the final assembly requirements of Buy America was available. One 
company that did not submit a bid stated that although it could meet 
the Buy America requirements, it was not interested in bidding on the 
project at this time. Accordingly, MNR requested a non-availability 
waiver of the Buy America requirements for final assembly pursuant to 
49 U.S.C. 5323 (j)(2)(B).
    On March 22, 2016, and in accordance with 49 U.S.C. 5323(j)(3)(A), 
FTA published a notice in the Federal Register announcing the MNR Buy 
America waiver request (81 FR 15407), seeking comment from all 
interested parties, including potential vendors and suppliers. The 
comment period closed on March 29, 2016, and no comments were received. 
Based on the representations from MNR and the lack of any comments, FTA 
is granting a non-availability waiver for final assembly only of the 
CWP. This waiver is limited to the final assembly requirement for a 
single procurement of the CWP described above by MNR.

    Issued on April 14, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-08978 Filed 4-18-16; 8:45 am]
 BILLING CODE 4910-57-P