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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 [www.gpo.gov]
[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 [email protected].

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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