Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Notices 8131 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not sufficiently available. This 

notice provides information regarding 

the FHWA’s finding that a Buy America 

waiver is appropriate in the 

procurement of non-domestic 4 in. and 

12 in. trunnion mounted steel ball 

valves as part of natural gas distribution 

facility involved with the replacement 

of the Kosciuszko Bridge over Newton 

Creek in New York City. 

In accordance with Division A, 

section 122 of the ‘‘Consolidated and 

Further Continuing Appropriations Act, 

2012’’ (Pub. L. 112–55), the FHWA 

published a notice of intent to issue a 

waiver on its Web site for non-domestic 

4 in. and 12 in. trunnion mounted steel 

ball valves (http://www.fhwa.dot.gov/

construction/contracts/

waivers.cfm?id=102) on December 1, 

2014. The FHWA received no comments 

in response to the publication. During 

the 15-day comment period, the FHWA 

conducted additional nationwide 

review to locate potential domestic 

manufacturers of 4 in. and 12 in. 

trunnion mounted steel ball valves for 

the project. Based on all the information 

available to the agency, the FHWA 

concludes that there are no domestic 

manufacturers of the 4 in. and 12 in. 

trunnion mounted steel ball valves that 

meet the project specifications. 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat. 1572), the FHWA 

is providing this notice as its finding 

that a waiver of Buy America 

requirements is appropriate. The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the link provided to the New 

York waiver page noted above. 

Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410. 

Dated: February 6, 2015. 

Gregory G. Nadeau, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2015–03029 Filed 2–12–15; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that a Buy America waiver is 

appropriate for the use of non-domestic 

brakes and bearings for rehabilitation of 

a ferry lift bridge on Governors Island, 

New York. 

DATES: The effective date of the waiver 

is February 17, 2015. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via email at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Jomar 

Maldonado, FHWA Office of the Chief 

Counsel, (202) 366–1373, or via email at 

Jomar.Maldonado@dot.gov. Office hours 

for the FHWA are from 8:00 a.m. to 4:30 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the 

Federal Register’s home page at: 

http://www.archives.gov and the 

Government Publishing Office’s 

database at: http://www.access.gpo.gov/ 

nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not sufficiently available. This 

notice provides information regarding 

the FHWA’s finding that a Buy America 

waiver is appropriate for use of nondomestic brakes and bearings for the 

rehabilitation of a ferry lift bridge on 

Governors Island, New York. 

In accordance with Division A, 

section 122 of the ‘‘Consolidated and 

Further Continuing Appropriations Act, 

2012’’ (Pub. L. 112–55), the FHWA 

published a notice of intent to issue a 

waiver on its Web site (http://

www.fhwa.dot.gov/construction/

contracts/waivers.cfm?id=104) on 

December 18, 2014. The FHWA received 

no comments in response to the 

publication. During the 15-day comment 

period, the FHWA conducted additional 

nationwide review to locate potential 

domestic manufacturers of brakes and 

bearings that meet the project 

specifications. Based on all the 

information available to the agency, the 

FHWA concludes that there are no 

domestic manufacturers of the brakes 

and bearings that meet the project 

specifications. 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat. 1572), the FHWA 

is providing this notice as its finding 

that a waiver of Buy America 

requirements is appropriate. The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the link provided to the New 

York waiver page noted above. 

Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410. 

Dated: February 6, 2015. 

Gregory G. Nadeau, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2015–03025 Filed 2–12–15; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2012–0033] 

Notice of Intent To Grant a Buy 

America Waiver to the Illinois 

Department of Transportation for the 

Use of Sure Close Self-Closing Force 

Adjustable Gate Hinges 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of intent to grant Buy 

America waiver. 

SUMMARY: FRA is issuing this notice to 

advise the public that it intends to grant 

the Illinois Department of 

Transportation (IDOT) a waiver from 

FRA’s Buy America requirement for the 

use of 350 Sure Close gate hinges, which 

are manufactured in Italy. Self-closing, 

force adjustable gate hinges are one 

component of the larger construction 

project to install pedestrian swing gates 

in connection with the Chicago-St. 

Louis High Speed Rail (HSR) corridor 

project. The Chicago-St. Louis HSR 


tkelley on DSK3SPTVN1PROD with NOTICES
8132 Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Notices 

project is funded by a $1.33 billion grant 

from FRA. The value of the 350 hinges 

is approximately $110,000. 

DATES: Written comments on FRA’s 

determination to grant IDOT’s Buy 

America waiver request should be 

provided to the FRA on or before March 

2, 2015. 

ADDRESSES: Please submit your 

comments by one of the following 

means, identifying your submissions by 

docket number FRA–2012–0033. All 

electronic submissions must be made to 

the U.S. Government electronic site at 

http://www.regulations.gov. 

Commenters should follow the 

instructions below for mailed and handdelivered comments. 

(1) Web site: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

on the U.S. Government electronic 

docket site; 

(2) Fax: (202) 493–2251; 

(3) Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Docket Operations, M–30, 

Room W12–140, Washington, DC, 

20590–0001; or 

(4) Hand Delivery: Room W12–140 on 

the first floor of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

make reference to the ‘‘Federal Railroad 

Administration’’ and include docket 

number FRA–2012–0033. Due to 

security procedures in effect since 

October 2001, mail received through the 

U.S. Postal Service may be subject to 

delays. Parties making submissions 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. Note that all submissions 

received, including any personal 

information therein, will be posted 

without change or alteration to http://

www.regulations.gov. For more 

information, you may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477), or visit http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Johnson, Attorney-Advisor, FRA 

Office of Chief Counsel, 1200 New 

Jersey Avenue SE., Mail Stop 25, 

Washington, DC 20590, (202) 493–0078, 

John.Johnson@dot.gov. 

SUPPLEMENTARY INFORMATION: 

The letter granting IDOT’s request is 

quoted below: 

Joseph E. Shacter, Director of Public and 

Intermodal Transportation, Illinois 

Department of Transportation, 

Division of Public and Intermodal 

Transportation, 100 West Randolph 

Street, Suite 6–600, Chicago, IL 

60601 

Re: Request for Waiver of Buy America 

Requirement for Sure Close Gate 

Hinges 

Dear Mr. Shacter: This letter is in 

response to your request dated 

September 25, 2014, that the Federal 

Railroad Administration (FRA) grant the 

Illinois Department of Transportation 

(IDOT), a waiver from FRA’s Buy 

America provision, at 49 U.S.C. 

§ 24405(a)(1), for one component of the 

pedestrian swing gates. Your waiver 

request is for 350 of 600 Sure Close gate 

hinges by D&D Technology needed for 

the project. Because the hinges are 

manufactured in Italy, IDOT would 

need a waiver from FRA’s Buy America 

requirement. The FRA is granting 

IDOT’s request for these initial 350 Sure 

Close gate hinges. 

The request is based on the Buy 

America provision (49 U.S.C. 24405(a)) 

applicable to FRA’s High-Speed 

Intercity Passenger Rail (HSIPR) 

Program $1.33 billion grant for the 

Chicago-St. Louis High Speed Rail 

(HSR) corridor. FRA’s Buy America 

requirement for the manufactured goods 

used in rail infrastructure projects 

requires domestic manufacturing of the 

end product and that all of the 

components be manufactured in the 

United States. In this case, FRA 

determined the swing gate system to be 

an end product while the gate hinge is 

a component. The swing gate and all 

other components are manufactured in 

the United States. Section 24405(a)(2) 

also permits the Secretary (delegated to 

the FRA Administrator) to waive the 

Buy America requirements if the 

Secretary finds that: (A) Applying 

paragraph (1) would be inconsistent 

with the public interest; (B) the steel, 

iron, and goods manufactured in the 

United States are not produced in 

sufficient and reasonably available 

amount or are not of a satisfactory 

quality; (C) rolling stock or power train 

equipment cannot be bought or 

delivered to the United States within a 

reasonable time; or (D) including 

domestic material will increase the cost 

of the overall project by more than 25 

percent. 

On December 12, 2013, IDOT 

submitted an initial Buy America 

waiver request for the Sure Close hinge 

to install all 600 of the required hinges 

along the entire Chicago St Louis HSR 

corridor. IDOT has made, and continues 

to make, extensive efforts to procure a 

domestic gate hinge for the pedestrian 

crossings. IDOT initially located a U.S. 

manufactured hinge; however, the 

Illinois Commerce Commission (ICC) 

tested the swing gate and found that the 

closure force was too strong, even when 

adjusted, and could cause pedestrian 

injury. IDOT and ICC then found the 

Sure Close hinge, which is self-closing, 

force adjustable and manufactured in 

Italy. It meets the ICC’s safety and 

performance requirements and is the 

only non-domestic component of the 

swing gate. The hinges and attachment 

brackets cost about $315 each; the total 

cost for the required 600 hinges is 

approximately $190,000. 

To determine whether to grant IDOT’s 

initial request, FRA provided notice and 

an opportunity for comment on its 

public Web site. FRA also emailed 

notice to over 6,000 persons who have 

signed up for Buy America notices. FRA 

received twelve comments to the Web 

site notice. Almost all of the 

commenters recommended denying the 

waiver; however, no commenter 

identified a supplier for the hinges. FRA 

also used the services of the National 

Institute of Standards and Technology’s 

Manufacturing Extension Partnership 

(NIST-MEP) in order to scout for 

domestic sources for the hinges. NISTMEP did not identify any exact matches. 

An ‘‘exact match’’ would mean a 

manufacturer already produces the same 

item immediately suitable for use in the 

project. NIST-MEP did identify twentyseven manufacturers that may have the 

capabilities to produce the gate hinge 

needed for the project. However, only 

three of these twenty-seven 

manufacturers made a similar item that 

with some modification and testing may 

have been suitable for use in the project. 

IDOT worked with NIST-MEP to 

contact these three firms. IDOT 

identified one U.S. manufacturer that 

stated it had the capability to produce 

the type of adjustable hinge needed for 

the gate. IDOT has been working with 

that manufacturer; however, the 

manufacturer’s efforts on IDOT’s behalf 

have not yet yielded a hinge having the 

qualities needed for this project. In 

addition, once functional prototypes are 

delivered to IDOT, they will still need 

to be tested in adverse climates, 

including winter weather. Further 

delays in delivery could delay testing 

until winter 2015–16 and useable hinges 

are necessary to ensure that major 

segments of the HSR project are 

completed next year. 

To meet this schedule, on September 

25, 2014, IDOT updated its initial Buy 

America request asking that 350 of the 

required 600 Sure Close hinges, costing 

approximately $110,000, be allowed for 

use in current and soon-to-be awarded 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Notices 8133 

construction contracts. In this letter, 

IDOT asserts that if the manufacturer 

‘‘prototype is delivered in time to allow 

testing this winter, and the testing is 

successful, IDOT commits to using’’ the 

domestically produced hinges for the 

remaining 250 pedestrian gate 

installations. If a functional prototype is 

not available for testing, IDOT may need 

to install the additional 250 hinges with 

the Sure Close hinge. IDOT continues to 

assert that use of a self-closing, force 

adjustable gate hinge such as the Sure 

Close Hinge is essential for maintaining 

safe pedestrian grade crossings and that 

a similar hinge remains unavailable 

from a U.S. source. 

After receiving the September 25, 

2014 updated waiver request from 

IDOT, FRA again provided notice and 

an opportunity for comment on its 

public Web site, as well as by emailing 

the Buy America listserv. FRA received 

two comments. One commenter 

supported the waiver, while the other 

commenter did not support the waiver. 

Once again, no commenter identified a 

domestic supplier for the hinges. 

Based on NIST–MEP’s scouting 

report, which did not identify a U.S. 

manufacturer that makes the same item, 

IDOT’s inability at this time to locate a 

domestic gate hinge for pedestrian 

crossings meeting IDOT’s safety and 

schedule needs, and the fact that the 

public did not identify a domestic 

source, FRA finds that gate hinges 

‘‘produced in the United States are not 

of a satisfactory quality.’’ Therefore, 

FRA grants a waiver under 49 U.S.C. 

§ 24405(a)(2)(B) (goods of a satisfactory 

quality are not produced in the United 

States). 

Pursuant to 49 U.S.C. § 24405(a)(4), 

FRA is publishing notice of its decision 

to grant IDOT’s waiver request in the 

Federal Register and provide notice of 

such finding and an opportunity for 

public comment after which this waiver 

will become effective. FRA expects 

IDOT to continue to use its best efforts 

to work with the proposed domestic 

manufacturer and procure domesticallyproduced hinges for the remaining 250 

gate installations. 

Question about this letter can be 

directed to, John Johnson, AttorneyAdvisor, at john.johnson@dot.gov or 

(202) 493–0078. 

Sincerely, 

Sarah Feinberg 

Acting Administrator 

Issued in Washington, DC on February 6, 

2015. 

Melissa L. Porter, 

Chief Counsel. 

[FR Doc. 2015–02996 Filed 2–12–15; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

U.S. Merchant Marine Academy Board 

of Visitors Notice of Meeting 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Meeting notice. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

1972 (5 U.S.C., Appendix, as amended), 

the Government in Sunshine Act of 

1976 (5 U.S.C. 552b, as amended) and 

41 CFR 102–3.150, the U.S. Department 

of Transportation, Maritime 

Administration (MARAD) announces 

that a meeting of the U.S. Merchant 

Marine Academy (‘‘Academy’’) Board of 

Visitors (BOV) will take place: 

1. Date: February 26, 2015. 

2. Time: 2:30 to 3:30 p.m. (local) 

Eastern Time. 

3. Requirements for Access: Members 

of the public wishing to attend the 

meeting will need to show photo 

identification in order to gain access to 

the meeting location. All participants 

are subject to security screening. 

4. Location: To Be Determined; 

Washington, DC. 

5. Purpose of the Meeting: The 

purpose of this meeting is to highlight 

the President’s Fiscal Year 2016 Budget 

Request for the Academy, update 

Members on the Academy Advisory 

Board activities, and provide an 

overview of the 2013–14 Academic Year 

Report on Sexual Harassment and 

Sexual Assault. This meeting will also 

discuss the organization of the BOV for 

this Congress, including selecting a 

Chairperson if a quorum of members is 

present. 

6. Public Access to the Meeting: 

Pursuant to the Federal Advisory 

Committee Act (5 U.S.C. 552b and 41 

CFR 102–3.140 through 102–3.165) and 

the availability of space, this meeting is 

open to the public. Seating is on a firstcome basis. 

FOR FURTHER INFORMATION CONTACT: The 

BOV Designated Federal Officer or Point 

of Contact: Brian Blower and 202–266– 

2765 or brian.blower@dot.gov. 

SUPPLEMENTARY INFORMATION: Any 

member of the public is permitted to file 

a written statement with the Academy 

BOV. Written statements should be sent 

to the Designated Federal Officer at: 

Brian Blower, Maritime Administration, 

1200 New Jersey Avenue SE., 

Washington, DC 20590 or faxed to 202– 

366–3890. Written statements must be 

received no later than five working days 

prior to the next meeting in order to 

provide time for member consideration. 

By rule, no member of the public 

attending open meetings will be allowed 

to present questions from the floor or 

speak to any issue under consideration 

by the BOV. 

Authority: 46 U.S.C. 51312; 5 U.S.C. app. 

552b; 41 CFR parts 102–3.140 through 102– 

3.165. 

By Order of the Maritime Administrator. 

Dated: February 10, 2015. 

Christine S. Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. 2015–03059 Filed 2–12–15; 8:45 am] 

BILLING CODE 4910–81–PS 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2014–0136; Notice No. 

15–5] 

Hazardous Materials: Information 

Collection Activities 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Requests (ICRs) discussed 

below will be forwarded to the Office of 

Management and Budget (OMB) for 

renewal and extension. These ICRs 

describe the nature of the information 

collections and their expected burdens. 

A Federal Register notice with a 60-day 

comment period soliciting comments on 

these ICRs was published in the Federal 

Register on November 24, 2014 [79 FR 

69990] under Docket No. PHMSA– 

2014–0136 (Notice No. 14–13). PHMSA 

did not receive any substantive 

comments in response to this November 

24, 2014 notice. 

DATES: Interested persons are invited to 

submit comments on, or before March 

16, 2015. 

ADDRESSES: Send comments regarding 

the burden estimate, including 

suggestions for reducing the burden, by 

mail to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Attention: 

Desk Officer for DOT–PHMSA, 725 17th 

Street NW., Washington, DC 20503, by 

fax, 202–395–5806, or by email, to 

OIRA_Submission@omb.eop.gov. 

Comments should refer to the 

information collection by title and/or 

OMB Control Number. 


tkelley on DSK3SPTVN1PROD with NOTICES