Notice2024-26518
Notice of Buy America Waiver for Turnout Switch Components for Detroit People Mover
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
November 14, 2024
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
This notice provides information regarding FTA's finding that it is appropriate to grant a Buy America nonavailability waiver to the Detroit Transportation Corporation (DTC) for the procurement of special trackwork turnout switch components needed for the DTC's People Mover that are not manufactured in the United States. Specifically, this waiver covers one pair of EN60E1A1 switch point rails and all appurtenances associated with its installation.
Full Text
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<title>Federal Register, Volume 89 Issue 220 (Thursday, November 14, 2024)</title>
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[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 90212-90213]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26518]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2024-0009]
Notice of Buy America Waiver for Turnout Switch Components for
Detroit People Mover
AGENCY: Department of Transportation (DOT), Federal Transit
Administration (FTA).
ACTION: Notice of Buy America waiver.
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SUMMARY: This notice provides information regarding FTA's finding that
it is appropriate to grant a Buy America nonavailability waiver to the
Detroit Transportation Corporation (DTC) for the procurement of special
trackwork turnout switch components needed for the DTC's People Mover
that are not manufactured in the United States. Specifically, this
waiver covers one pair of EN60E1A1 switch point rails and all
appurtenances associated with its installation.
DATES: The waiver is applicable November 14, 2024.
FOR FURTHER INFORMATION CONTACT: Jason Luebbers, FTA Attorney-Advisor,
at (202) 366-8864 or <a href="/cdn-cgi/l/email-protection#82c8e3f1edecaccef7e7e0e0e7f0f1c2e6edf6ace5edf4"><span class="__cf_email__" data-cfemail="1f557e6c707131536a7a7d7d7a6d6c5f7b706b31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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 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
[[Page 90213]]
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 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 non-compliant 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 and Request for Comments
On September 9, 2024, FTA published a Notice of Proposed Buy
America Waiver and Request for Comment, (89 FR 73185) for the special
trackwork switches DTC seeks to procure under Sub-Package 7. The
proposed waiver would apply only to the switch described above. The
waiver would not apply to any other products or any other projects
besides Sub-Package 7.
Response to Comments
FTA received no comments in response to its proposed waiver.
Finding on Waiver
For the reasons stated above, FTA is granting the waiver as
proposed.
FTA waives 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 to
be procured under Sub-Package 7. The waiver is effective from the
effective date of this notice through the period of performance and
closeout of FTA's financial assistance for the project, which is
estimated to be March 30, 2030.
Veronica Vanterpool,
Deputy Administrator.
[FR Doc. 2024-26518 Filed 11-13-24; 8:45 am]
BILLING CODE 4910-57-P
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