Notice2024-20257
Notice of Proposed Buy America Waiver and Request for Comment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 9, 2024
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Pages 73185-73186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may review DOT's complete Privacy Act
Statement in the Federal Register published April 11, 2000 (65 FR
19477), or at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Jason Luebbers, FTA Attorney-Advisor,
at (202) 366-8864 or <a href="/cdn-cgi/l/email-protection#4802293b272666043d2d2a2a2d3a3b082c273c662f273e"><span class="__cf_email__" data-cfemail="b5ffd4c6dadb9bf9c0d0d7d7d0c7c6f5d1dac19bd2dac3">[email protected]</span></a>.
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
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