[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Pages 73185-73186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20257]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2024-0009]


Notice of Proposed Buy America Waiver and Request for Comment

AGENCY: Federal Transit Administration, Department of Transportation.

ACTION: Notice; request for comment.

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SUMMARY: The Federal Transit Administration (FTA) received a request 
from the Detroit Transportation Corporation (DTC) for a Buy America 
nonavailability waiver for the procurement of special trackwork turnout 
switch components needed to keep the DTC's Elevated Guideway in a state 
of good repair. FTA is providing notice of the nonavailability waiver 
request and seeks public comment before deciding whether to grant the 
request. If granted, the waiver would apply for the switch components 
identified in the waiver request.

DATES: Comments must be received by September 24, 2024. Late-filed 
comments will be considered to the extent practicable.

ADDRESSES: Please submit all comments electronically to the Federal 
eRulemaking Portal. Go to https://www.regulations.gov and follow the 
instructions for submitting comments.
    Instructions: All submissions must refer to the Federal Transit 
Administration and the docket number of this notice. Note that all 
submissions received, including any personal information provided, will 
be posted without change and will be available to the public on https://www.regulations.gov. You may review DOT's complete Privacy Act 
Statement in the Federal Register published April 11, 2000 (65 FR 
19477), or at https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Jason Luebbers, FTA Attorney-Advisor, 
at (202) 366-8864 or [email protected].

SUPPLEMENTARY INFORMATION: The purpose of this notice is to seek public 
comment on whether the FTA should grant a nonavailability waiver for 
the Detroit Transportation Corporation (DTC) for the procurement of 
replacement special trackwork turnout switch components (the 
``switch'').

Background

    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).
    FTA may waive Buy America requirements for a product if, among 
other reasons, a compliant version of the product is not produced in a 
sufficient and reasonably available amount or is not of a satisfactory 
quality. 49 U.S.C. 5323(j)(2)(B). FTA cannot deny a request for a 
nonavailability waiver unless it can provide the waiver applicant with 
a written certification that: the item is produced in the United States 
in a sufficient and reasonably available amount; the item produced in 
the United States is of a satisfactory quality; and includes a list of 
known manufacturers in the United States from which the item can be 
obtained. 49 U.S.C. 5323(j)(6).
    DTC is the owner and operator of the Detroit People Mover, which is 
the largest municipal rail system in Michigan. It is an automated light 
rail system that operates twelve rail cars on an elevated single track 
in a 2.9-mile loop with thirteen passenger stations in Detroit's 
central business district.
    The existing switches were installed as original equipment in 1987 
and designed to European standards, using AREMA 115RE rail throughout 
the turnout with a special EN60E1A1 switch point section. The proper 
operation of the switch is essential for the continued, safe operations 
of DTC vehicles. DTC seeks a waiver for the switch because there are no 
known domestic manufacturers of the switch. DTC previously sought and 
received a Buy America waiver from FTA for two replacement switches 
from Delta Railroad Construction, Inc. (Delta), on April 19, 2016 (81 
FR 23077).
    On January 19, 2023, DTC issued a request for proposals (RFP) (No. 
1-19-2023, for DTC Sub-Package 7), which includes the special track 
switch described above, and received two responses. Both bidders 
certified that the switches they could provide would not comply with 
the FTA Buy America requirements. Following the RFP, DTC submitted a 
nonavailability waiver request to FTA for the noncompliant switch 
components. 49 U.S.C. 5323(j)(2) and 49 CFR 661.7(c)(2).
    The product that requires a waiver is one pair of EN60E1A1 switch 
point rails and all appurtenances associated with its installation; 
four transition head machined rails for connection to frog and turnout 
rails; and one set of switch point rods consisting of two drive rods 
and two detector rods. FTA estimates the total cost of goods subject to 
this proposed waiver is less than $300,000.

Proposed Waiver

    FTA proposes waiving the Buy America requirement for the special 
trackwork switches DTC seeks to procure under Sub-Package 7. The 
proposed waiver would apply only to the switch described above that is 
procured after a notice of final waiver is published. The waiver would 
not apply to any other products or any other projects besides Sub-
Package 7. The proposed waiver would be effective from the effective 
date of the final waiver through the period of performance and closeout 
of FTA's financial assistance for the project, which is estimated to be 
March 30, 2030.

Request for Comment

    This notice satisfies FTA's requirement to publish any proposed Buy 
America waiver in the Federal Register and provide the public with a 
reasonable period of time for notice and comment. 49 U.S.C. 5323(j)(3) 
and section 70937(b)(1) of the Build America, Buy America Act (Pub. L. 
117-58).
    FTA seeks public and industry comment from all interested parties. 
In particular, FTA seeks comment regarding whether the waiver should be 
approved, and, if so, whether it should be modified from FTA's proposal 
and

[[Page 73186]]

why. Relevant information and comments will help FTA understand 
completely the facts surrounding the waiver requests and FTA's 
proposal.
    In accordance with Section 70916(c) of the Build America, Buy 
America Act, FTA will also consult with the Hollings Manufacturing 
Extension Partnership before approving the proposed waiver.

Veronica Vanterpool,
Acting Administrator.
[FR Doc. 2024-20257 Filed 9-6-24; 8:45 am]
BILLING CODE 4910-57-P