[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49932-49934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23381]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2017-0014]


Notice of Proposed Buy America Waiver for Motor Brakes and 
Machinery Brakes for the SE 3rd Avenue Bascule Bridge Modification in 
Fort Lauderdale, Florida

AGENCY: Federal Transit Administration, DOT.

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

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SUMMARY: The Federal Transit Administration (FTA) received a request

[[Page 49933]]

from the Florida Department of Transportation (FDOT) for a Buy America 
non-availability waiver for the procurement of motor brakes and 
machinery brakes (collectively, ``the brake units'') for the SE 3rd 
Avenue Bascule Bridge Modification in Fort Lauderdale, Florida, as part 
of the Wave Streetcar project because there are no domestic 
manufacturers of the brake units. FTA is providing notice of the non-
availability waiver request and seeks public comment before deciding 
whether to grant FDOT's request. The size of the disc and drum brakes 
required for this bridge are not domestically available, and the 
Federal Highway Administration (FHWA) granted FDOT waivers for this 
equipment for another project. FTA is providing notice of the waiver 
request and seeks public comment before deciding whether to grant the 
request.

DATES: Comments must be received by November 13, 2017. Late-filed 
comments will be considered to the extent practicable.

ADDRESSES: Please identify your submission by Docket Number (FTA-2017-
0008) through one of the following methods:
     Federal eRulemaking Portal: Submit electronic comments and 
other data to http://www.regulations.gov.
     U.S. Mail: Send comments to Docket Operations; U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., West Building 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building, Ground Floor, at 1200 
New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations, U.S. Department of 
Transportation, at (202) 493-2251.
    Instructions: You must include the agency name (Federal Transit 
Administration) and Docket Number (FTA-2017-0014) for this notice, at 
the beginning of your comments. If sent by mail, submit two copies of 
your comments. Due to security procedures in effect since October 2001, 
mail received through the U.S. Postal Service may be subject to delays. 
Parties submitting comments should consider using an express mail firm 
to ensure their prompt filing of any submissions not filed 
electronically or by hand. If you wish to receive confirmation that FTA 
received your comments, you must include a self-addressed stamped 
postcard. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You 
may review U.S. DOT's complete Privacy Act Statement published in the 
Federal Register on April 11, 2000, at 65 FR 19477-8 or http://DocketsInfo.dot.gov.
    Electronic Access and Filing: This document and all comments 
received may be viewed online through the Federal eRulemaking portal at 
http://www.regulations.gov. Electronic submission and retrieval help 
and guidelines are available on the Web site. It is available 24 hours 
each day, 365 days a year. Please follow the instructions. An 
electronic copy of this document may also be downloaded from the Office 
of the Federal Register's home page at https://www.federalregister.gov.

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

SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide 
notice and seek comment on whether the FTA should grant a non-
availability waiver for FDOT's purchase of motor brakes and machinery 
brakes for the SE 3rd Avenue Bascule Bridge Modification in Fort 
Lauderdale, Florida, as part of the Wave Streetcar project. The 
proposed Wave Streetcar project will serve downtown Fort Lauderdale, 
spanning the New River to connect the hospital and courthouse districts 
on the south side with the downtown business core and government, 
education, shopping, recreation and entertainment centers on the north 
side. The design of the 2.8-mile route was expanded in October 2015 to 
include a loop on the north end in Flagler Village to capture recent 
and future residential and retail development in that area. The 
construction of the Wave Streetcar is currently scheduled to begin in 
mid-2017.
    Mechanical drive systems have inherent braking requirements. AASHTO 
Movable Highway Bridge Design Specifications (MHBDS) require disc or 
drum brakes. The intent of AASHTO MHBDS 5.5, 5.6, 6.7.13 and the FOOT 
Structures Design Guidelines (SDG) Section 8.6.7 is to provide two sets 
of brakes--motor brakes and machinery brakes. This requirement provides 
stopping and holding as well as a failsafe within the gear train of the 
operating machinery. FDOT's research indicates that the size of the 
disc and drum brakes required for this bridge are not domestically 
available. All recent new construction and rehabilitation of various 
moveable bridges in Florida have required Buy America waivers, 
including a Buy America waiver granted by FHWA on May 2, 2016 for the 
same items. 81 FR 26305 (May 2, 2016).
    Specific requirements for the brakes are as follows: All brakes 
shall be spring actuated, thruster released, stainless steel, drum type 
brakes with adjustable torque setting and set time delay settings. Span 
drive brakes shall be sized per Movable Highway Bridge Design 
Specifications (MHBDS) with the exception that ice accretion loads may 
be ignored. Brakes shall be mill duty brakes meeting Association of 
Iron and Steel Engineers--National Electrical Manufacturers Association 
(AISE--NEMA) Standards. The brake setting shall be no more than 90% and 
no less than 40% of the continuous rated capacity. The delay setting 
for each set of brakes shall be staggered to prevent all brakes from 
setting simultaneously and shock loading the machinery.
    There are no options other than the correct type of machinery 
brakes for failsafe and timed gradual setting. Brakes are an integral 
part of the movable bridge design. Brakes provide stopping and parking 
of the bascule leaves and are MHBDS required devices for the safety of 
the traveling public, both vehicular and navigation gradual setting. 
The brake application must be gradual as per the specified thruster to 
prevent damage to the bridge, loss of power or E-stop. Brakes are an 
integral part of the movable bridge design. Brakes provide stopping and 
parking of the bascule leaves and are MHBDS required devices for the 
safety of the traveling public, both vehicular and navigation.
    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 considered 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. A component is considered of U.S. origin if 
it is manufactured in the United States, regardless of the origin of 
its subcomponents. 49 CFR 661.5(d). 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 waiver (non-availability 
waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c).

[[Page 49934]]

    Throughout the brake manufacturing industry, it is well documented 
that there are no brakes made in the United States that satisfy both 
the project requirements and the Buy America requirements. FDOT engaged 
in extensive efforts to identify and locate qualified domestically 
manufactured brake products, including contacting numerous known bridge 
brake manufacturers. FDOT's recent experience on similar projects has 
shown that contractors have been unable to locate qualified bridge 
brakes of either the shoe or disc type that have all components made in 
the United States. FDOT also has made an extensive effort to locate 
qualified domestically made brake products, including contacting known 
bridge brake manufacturers including the following manufactures: 
Johnson Industries, Mondel (made by Magnetek), Gemco (made by Ametek), 
Link Controls, Bubenzer, and Hiden. The manufacturers confirmed that 
they do not produce a product that meets both the Buy America 
provisions in accordance 49 CFR 661.7(c) and 49 U.S.C. 5323(j), and the 
requirements of AASHTO MHBDS Articles 5.5, 5.6 and 6. 7 .13. FDOT also 
conducted an internet search, which revealed several other brake 
manufacturers, but none make a qualified brake in the United States. 
Additionally, FDOT's program management consultant contacted several 
contractors that supply machinery and brakes for movable bridges but 
had no success in locating a qualified brake made entirely in the 
United States. FDOT's Program Management Consultant also has discussed 
this issue with other design engineers experienced in movable bridge 
machinery design and confirmed that they too have not been able to 
locate qualified brake products which are made in the United States.
    Finally, under 49 U.S.C. 5323(j)(6), FTA cannot deny an application 
for a waiver based on non-availability unless FTA can certify that (i) 
the steel, iron, or manufactured good (the ``item'') is produced in the 
United States in a sufficient and reasonably available amount; and (ii) 
the item produced in the United States is of a satisfactory quality. 
Additionally, FTA must provide a list of known manufacturers in the 
United States from which the item can be obtained. FTA is not aware of 
any United States manufacturers who produce the motor brakes and 
machinery brakes required for the SE 3rd Avenue Bascule Bridge 
Modification project.
    FDOT's efforts to identify domestic manufacturers for the motor 
brakes and machinery brakes required for the SE 3rd Avenue Bascule 
Bridge Modification project were unsuccessful. FTA proposes to grant 
FDOT a non-availability waiver of the Buy America requirements for the 
motor brakes and machinery brakes required for the SE 3rd Avenue 
Bascule Bridge Modification project.
    FTA is publishing this Notice to seek public and industry comment 
from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). 
Such information and comments will help FTA understand completely the 
facts surrounding the request, including the merits of the request. 
After consideration of the comments, FTA will publish a second notice 
in the Federal Register with a response to comments and noting any 
changes made to the proposed waiver because of the comments received. A 
full copy of the request has been placed in docket number FTA-2017-
0014.

K. Jane Williams,
Acting Administrator.
[FR Doc. 2017-23381 Filed 10-26-17; 8:45 am]
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