61128 Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Notices 

Investment Reform Act for the 21st 

Century (AIR 21). 

DATES: Comments must be received on 

or before November 10, 2014. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

to the FAA at the following address: Mr. 

Ed Agnew, Manager, Federal Aviation 

Administration, Southwest Region, 

Airports Division, Texas Airports 

Development Office, ASW–650, Fort 

Worth, Texas 76137. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to the Mr. Bill 

Welstead, Aviation Director, at the 

following address: 4201 N. Main St., 

Suite 200, Fort Worth, TX 76106. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Anthony Mekhail, Program Manager, 

Federal Aviation Administration, Texas 

Airports Development Office, ASW– 

650, 2601 Meacham Boulevard, Fort 

Worth, Texas 76137, Telephone: (817) 

222–5663, email: Anthony.Mekhail@

faa.gov, fax: (817) 222–5989. 

The request to release property may 

be reviewed in person at this same 

location. 

SUPPLEMENTARY INFORMATION: The FAA 

invites public comment on the request 

to release property at the Fort Worth 

Spinks Airport under the provisions of 

the AIR 21. 

The following is a brief overview of 

the request: 

The City of Fort Worth requests the 

release of 0.64 acres of property within 

the Fort Worth Spinks Airport. The land 

was acquired using City and FAA funds 

from 1983 to 1987. The property to be 

released will be sold to the City of 

Burleson and revenues shall be used for 

the operation and maintenance at the 

airport. 

Any person may inspect the request 

in person at the FAA office listed above 

under FOR FURTHER INFORMATION

CONTACT. 

In addition, any person may, upon 

request, inspect the application, notice 

and other documents relevant to the 

application in person at the Fort Worth 

Spinks Airport, telephone number (817) 

392–5434. 

Issued in Fort Worth, Texas, on October 1, 

2014. 

Edward N. Agnew, 

Acting Manager, Airports Division. 

[FR Doc. 2014–24145 Filed 10–8–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Public Notice for Waiver of NonAeronautical Land-Use Assurance 

Related to the Proposed Release and 

Exchange of Airport Property at 

Acadiana Regional Airport, New Iberia, 

Louisiana 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of intent of waiver with 

respect to land and concurrence of land 

swap. 

SUMMARY: The Federal Aviation 

Administration (FAA) is considering a 

proposal to authorize the release and 

exchange of approximately 7.231 acres 

of the airport property at the Acadiana 

Regional Airport, New Iberia LA, owned 

by the New Iberia Parish. The Parish is 

proposing a land swap to exchange this 

7.231 acre parcel for another parcel of 

approximately 10.548 acres. 

The acreage being released is not 

needed for aeronautical use as currently 

identified on the Airport Layout Plan. 

The new proposed parcel will be used 

for the Acadiana Regional Airport, New 

Iberia LA, Access Road project from 

Louisiana Highway 675 (Jefferson Island 

Road) to Louisiana Highway 3212 

(Northwest Bypass). 

The acreage being released 

comprising this parcel was originally 

acquired in 1970 when the Parish 

governing body petitioned the U.S. 

government for release of 2,100 acres of 

previously the Naval Air Station New 

Iberia property for civil aviation use 

through the General Services 

Administration excess land disposal 

process. In exchange for the 7.231 acres 

the airport will receive a new parcel of 

land described above for the Acadiana 

Regional Airport, New Iberia LA, Access 

Road project. The 7.231 acre parcel 

(Tract 14) is Zoned ‘‘I–1: Industrial’’ and 

has access to LA Highway 3212 (Prairie 

Road) and is being proposed to be 

swapped for approximately 10.548 acres 

(Tract 13) Zoned ‘‘A–1: Agricultural’’. 

The appraised fair market value of the 

proposed 7.231 acres parcel is $64,000, 

the fair market value of the proposed 

acquired parcel is $58,000. The 

difference of $6,000 in fair market value 

between Tract 14 and Tract 13 will be 

compensated by the Iberia Parish 

Council to the Iberia Airport Authority 

to accommodate FAA auditing 

standards and requirements to prevent 

the potential for ‘‘diversion of funds 

(assets)’’. A Phase I, Environmental Site 

Assessment was conducted and 

published on April 14, 2014 resulting in 

the assessment that did not reveal any 

evidence of Recognized Environmental 

Conditions (RECs) in connection with 

the new acquired property. This action 

and the affected properties have been 

evaluated by the Department of the 

Army, New Orleans District, Corps of 

Engineers, the State Office of Historic 

Preservation, Department of Culture, 

Recreation and Tourism, and the 

Louisiana Ecological Services Office 

with a determination of an activity that 

would not negatively affect any wetland 

subject to Corps’ jurisdiction, historical 

properties or threatened or endangered 

species respectively. Approval does not 

constitute a commitment by the FAA to 

financially assist in the disposal of the 

subject property nor a determination of 

eligibility for grant-in-aid funding from 

the FAA. The disposition of proceeds 

(or compensation) from the disposal of 

the airport property will be in 

accordance with FAA’s Policy and 

Procedures Concerning the Use of 

Airport Revenue, published in the 

Federal Register on February 16, 1999. 

In accordance with section 

47107(c)(2)(B) of title 49, United States 

Code, this notice is required to be 

published in the Federal Register 30 

days before modifying the land-use 

assurance that requires the property to 

be used for an aeronautical purpose and 

concurring with the proposed land 

swap. 

DATES: Comments must be received on 

or before November 10, 2014. 

ADDRESSES: Comments on this 

Application may be mailed or delivered 

to the FAA at the following address: 

Lacey D. Spriggs, Manager, Federal 

Aviation Administration, Southwest 

Region, Airports District Office, ASW– 

640J, 2601 Meacham Boulevard, Suite 

684, Fort Worth, Texas 76137. 

Documents reflecting this FAA action 

may be reviewed at this same location 

or at the Louisiana Department of 

Transportation, Division of Aviation, 

P.O. Box 94245, Baton Rouge, LA 

70804–9245. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John V. Dawson, Program Manager, 

Federal Aviation Administration, 

Airports District Office, 2601 Meacham 

Boulevard, Suite 684, Fort Worth, Texas 

76137. 

Documents reflecting this FAA action 

may be reviewed at this same location 

or at the Louisiana Department of 

Transportation, Division of Aviation, 

and P.O. Box 94245, Baton Rouge, LA 

70804–9245. 

SUPPLEMENTARY INFORMATION: Following 

is a description of the subject airport 

property to be released at the Acadiana 

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Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Notices 61129 

Regional Airport in New Iberia, LA and 

described as follows: 

A parcel of land located in Section 32, 

Township 11 South, Range 6 East. Said 

parcel subject to all easements, 

restrictions, and reservations of record. 

Any person may inspect the request 

in person at the FAA office listed above 

under FOR FURTHER INFORMATION

CONTACT. 

In addition, any person may, upon 

request, inspect the application, notice 

and other documents germane to the 

application in person at the Louisiana 

Department of Transportation, Division 

of Aviation, Baton Rouge LA 70804– 

9245. 

Issued in Fort Worth, Texas on October 3, 

2014. 

Lacey D. Spriggs, 

Acting Manager, Airports Division. 

[FR Doc. 2014–24146 Filed 10–8–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2014–0021] 

Notice of Buy America Waiver for a 

Variable Refrigerant Flow HVAC 

System 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of Buy America waiver. 

SUMMARY: In response to the San 

Bernardino Associated Governments’ 

(SANBAG) request for a Buy America 

waiver for a Variable Refrigerant Flow 

(VRF) HVAC system, the Federal Transit 

Administration (FTA) hereby waives its 

Buy America requirements for the VRF 

HVAC system to be installed at the 

Omnitrans San Bernardino Transit 

Center (SBTC). This waiver is limited to 

a single procurement for the VRF HVAC 

system for the SBTC, an FTA-funded 

project. 

DATES: This waiver is effective 

immediately. 

FOR FURTHER INFORMATION CONTACT: 

Richard L. Wong, FTA AttorneyAdvisor, at (202) 366–4011 or 

richard.wong@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

purpose of this notice is to announce 

that FTA has granted a Buy America 

non-availability waiver for SANBAG’s 

procurement of a VRF HVAC system for 

the SBTC. 

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 nonavailability waiver. 49 U.S.C. 

5323(j)(2)(B); 49 CFR 661.7(c). 

SANBAG requested a non-availability 

waiver for a VRF HVAC system that will 

be installed into the SBTC, a 

multimodal transfer facility in 

downtown San Bernardino, California 

that will serve patrons and operators of 

Omnitrans’ fixed route buses, the newly 

opened sbX bus rapid transit (BRT) line, 

the Victor Valley Transit Authority, the 

Mountain Area Regional Transit 

Authority, and the Southern California 

Regional Rail Authority (Metrolink). 

FTA selected the SBTC project for 

award of fiscal year 2011 funding made 

available pursuant to the Bus and Bus 

Facilities Program (49 U.S.C. 5309(b)) in 

support of the U.S. Department of 

Transportation’s (DOT) Livability 

Initiative and the Partnership for 

Sustainable Communities between the 

U.S. DOT, the U.S. Department of 

Housing and Urban Development, and 

the U.S. Environmental Protection 

Agency (Bus Livability Program). FTA 

selected each project for the Bus 

Livability Program based on whether it 

would, among other things, promote a 

more environmentally sustainable 

transportation system. 76 FR 37393, 

37397 (June 27, 2011); see also 76 FR 

68813 (Nov. 7, 2011). More specifically, 

FTA assessed the project’s ability to 

‘‘maintain, protect or enhance the 

environment, as evidenced by 

environmentally friendly policies and 

practices utilized in the project design, 

construction, and operation that exceed 

the requirements of the National 

Environmental Policy Act including 

items such as whether the project uses 

a [U.S. Green Building Council] 

Leadership in Energy and 

Environmental Design (LEED)-certified 

design. . . .’’ 76 FR at 37397. 

The SBTC is being built to the U.S. 

Green Building Council’s Leadership in 

Energy and Environmental Design 

(LEED) standards and will incorporate a 

number of sustainable and energy 

efficient elements. One of those 

elements is a VRF HVAC system that, 

among other things, is space saving, has 

invertor technology, efficiency, and a 

non-ozone depleting refrigerant that 

domestic manufacturers of HVAC 

systems do not provide. According to 

SANBAG, its contractor was directed to 

evaluate the substitution of a Buy 

America-compliant Variable Air Volume 

(VAV) system, but the contractor 

advised SANBAG that the VAV system 

would endanger the project’s LEED Gold 

certification because of the difference in 

efficiency between the VAV and VRF 

HVAC systems. In addition, the 

substitution of a VAV system would 

require significant changes to the 

project, such as the alteration of alreadyerected structural elements that were 

designed to accommodate a VRF system 

and additional design changes and plan 

reviews by the City of San Bernardino. 

SANBAG points to a recent nonavailability waiver FTA issued to St. 

Louis’ MetroLink for a similar VRF 

system (79 FR 34653, June 17, 2014), as 

well as to a blanket non-availability 

waiver issued by the U.S. Department of 

Energy (DOE) in 2010 for VRF HVAC 

systems procured with American 

Reinvestment and Recovery Act funding 

(75 FR 35447, June 22, 2010). According 

to SANBAG, the U.S. DOE’s 

determination of non-availability and 

FTA’s recent St. Louis MetroLink 

waiver, as well as SANBAG’s 

contractor’s research, indicate that this 

product is not manufactured 

domestically. 

On Monday, September 22, 2014, and 

in accordance with 49 U.S.C. 

5323(j)(3)(A), FTA published a notice in 

the Federal Register requesting public 

comment on, among other topics, the 

merits of SANBAG’s waiver request and 

potential effects of granting the waiver. 

The public comment period closed on 

September 29, 2014. FTA did not 

receive any comments. 

Based on SANBAG’s assertions that it 

is unable to procure a U.S.- 

manufactured VRF HVAC system, 

which is critical to obtaining LEED Gold 

certification, and the fact that FTA did 

not receive any public comments, FTA 

hereby waives its Buy America 

requirement for manufactured products 

under 49 CFR 661.5(d) for the VRF 

HVAC system. This waiver is limited to 

a single procurement for the VRF HVAC 

system for SANBAG’s SBTC project. 

Dana Nifosi, 

Acting Chief Counsel. 

[FR Doc. 2014–24053 Filed 10–8–14; 8:45 am] 

BILLING CODE 4910–57–P 

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