6936 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 

2. As discussed above, the trackage 

rights in Docket No. FD 36377 (Sub-No. 

4) are permitted to expire at midnight 

on December 31, 2022, subject to the 

employee protective conditions set forth 

in Oregon Short Line. 

3. Notice of this decision will be 

published in the Federal Register. 

4. This decision is effective on March 

9, 2022. Petitions for stay must be filed 

by February 17, 2022. Petitions for 

reconsideration must be filed by 

February 28, 2022. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Aretha Laws-Byrum, 

Clearance Clerk. 

[FR Doc. 2022–02479 Filed 2–4–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. EP 290 (Sub-No. 4)] 

Railroad Cost Recovery Procedures— 

Productivity Adjustment 

AGENCY: Surface Transportation Board. 

ACTION: Presentation of the Board’s 

calculation for the change in railroad 

productivity for the 2016–2020 

averaging period. 

SUMMARY: In a decision served on 

February 3, 2022, the Board proposed to 

adopt 1.025 (2.5% per year) as the 

measure of average (geometric mean) 

change in railroad productivity for the 

2016–2020 (five-year) period. The 

Board’s February 3, 2022 decision stated 

that comments may be filed addressing 

any perceived data and computational 

errors in the Board’s calculation. The 

decision also stated that, unless a 

further order is issued postponing the 

effective date, the decision will take 

effect on March 1, 2022. 

DATES: Comments are due by February 

24, 2022. 

ADDRESSES: Comments may be e-filed 

on the Board’s website at www.stb.gov. 

Comments must be served on all parties 

appearing on the service list. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez at (202) 245–0333. 

Assistance for the hearing impaired is 

available through the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

at www.stb.gov. 

Decided: February 2, 2022. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2022–02508 Filed 2–4–22; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding FHWA’s finding 

that it is appropriate to grant a Buy 

America waiver to the Golden Gate 

Bridge, Highway & Transportation 

District (District) for procurement of 

foreign iron and steel components for 

the maintenance traveler system, which 

is needed to allow continued 

inspections and routine maintenance 

operations after the Golden Gate Bridge 

Physical Suicide Deterrent System 

Project (Project) is constructed. The 

non-domestic parts include: (i) Electric 

motors; (ii) speed reducers; (iii) wheel 

chocks; (iv) a chain stopper; (v) rail 

clamps with hydraulic power units; (vi) 

pneumatic brakes; (vii) air compressors; 

(viii) gas cylinder stands; (ix) bearings 

(of various types specified in the 

request); (x) electric cabinet switches 

and handles; (xi) electrical cabinet 

shafts; (xii) grounding shoes; and (xiii) 

scissor lifts. 

DATES: The effective date of the waiver 

is February 8, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Brian Hogge, FHWA Office 

of Infrastructure, 202–366–1562, or via 

email at Brian.Hogge@dot.gov. For legal 

questions, please contact Mr. Patrick C. 

Smith, FHWA Office of the Chief 

Counsel, 202–366–1345, or via email at 

Patrick.C.Smith@dot.gov. Office hours 

for 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: 

www.FederalRegister.gov and the 

Government Publishing Office’s 

database at: www.GovInfo.gov. 

Background 

FHWA’s Buy America regulation 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 produced in the United States in 

sufficient and reasonably available 

quantities. This notice provides 

information regarding FHWA’s finding 

that it is appropriate to grant the District 

a Buy America waiver for procurement 

of foreign iron and steel components for 

the maintenance traveler system, which 

is needed to allow continued 

inspections and routine maintenance 

operations after the Project is 

constructed. The non-domestic parts 

include: (i) Electric motors; (ii) speed 

reducers; (iii) wheel chocks; (iv) a chain 

stopper; (v) rail clamps with hydraulic 

power units; (vi) pneumatic brakes; (vii) 

air compressors; (viii) gas cylinder 

stands; (ix) bearings (of various types 

specified in the request); (x) electric 

cabinet switches and handles; (xi) 

electrical cabinet shafts; (xii) grounding 

shoes; and (xiii) scissor lifts. 

Background on the Project: On 

average, 30 people die from suicide at 

the Golden Gate Bridge each year. 

Hundreds more are stopped by the 

District, the California Highway Patrol, 

or other intervention. The District 

determined that a physical barrier was 

needed to stop suicides from the bridge. 

The Project, Federal Aid Project No. 

BHLS–6003(051), involves the 

construction of a horizontal stainlesssteel net supported by steel net supports 

for the full length of the bridge, except 

for a tall vertical railing installed in one 

location. The horizontal steel net system 

uses all American steel. The Project also 

includes the replacement of the bridge 

maintenance travelers with new 

travelers because the installation of the 

net will block the movement of the 

existing travelers. In this context, a 

‘‘traveler’’ means a moveable inspection 

and maintenance platform, which 

travels on steel rails and trolley beams 

and is designed to provide access to the 

bridge. A new replacement traveler 

access system is necessary to allow 

continued inspections and routine 

maintenance operations after the 

Suicide Deterrent System is constructed. 

Some of the traveler equipment is not 

available with the required Buy America 

certification because it is not 


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Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 6937 

manufactured in America or 

manufactured in America with some 

non-domestic parts. 

The contract for the Project also 

encompasses the Golden Gate Bridge 

Wind Retrofit Project, Federal Aid 

Project No. BHLS–6003(052). The 

current construction contract amount 

for both projects is approximately 

$142.1 million (with $132.6 million for 

the Suicide Deterrent System Project 

and $9.5 million for the Wind Retrofit 

Project). The estimated value of the 

components under the requested waiver 

is approximately $2.6 million (or less 

than two percent of the total contract 

amount). The construction contract 

specifies that the Project is partially 

funded with Federal funds and that the 

FHWA Buy America provisions apply. 

For the Suicide Deterrent System 

Project, approximately 65 percent of the 

total Project cost is Federal, 4 percent is 

from the State, and 31 percent is local. 

Under 23 U.S.C. 313(g), FHWA’s Buy 

America requirement applies to the 

entire scope of the project, as defined in 

the NEPA document, when Federal 

funds are used in any part of the project 

regardless of whether Federal funds are 

used in the actual component that is 

subject to the waiver. 

The traveler system is a ‘‘contractordesigned’’ element of this low-bid 

construction contract. As such, the fact 

that some of the requisite traveler 

equipment is not available with Buy 

America certifications was not 

identified until after the contract was 

awarded and the contractor completed 

the traveler design. Specifically, the 

new travelers will be propelled by 

electric drive systems that include some 

manufactured mechanical and electrical 

control components that are not 

available with the Buy America 

certification. The travelers must also be 

equipped with electric scissor lifts that 

are similarly not available with the Buy 

America certification. 

Background on Waiver Request: The 

District originally submitted a Buy 

America waiver request letter to FHWA 

on June 24, 2020. Prior to requesting a 

waiver, the District unsuccessfully 

attempted to identify domestic 

manufacturers for these products. The 

District reported to FHWA in the waiver 

request letter that the District, its 

contractor, and consultants contacted 

numerous manufacturers and 

distributors to identify products that 

complied with Buy America but were 

not successful in locating any domestic 

manufacturers or fabricators of the 

relevant products. Attachment 1 to the 

request letter provided a record of the 

District’s efforts. The waiver request 

included the following non-domestic 

parts: (i) Electric motors; (ii) speed 

reducers; (iii) wheel chocks; (iv) a chain 

stopper; (v) rail clamps with hydraulic 

power units; (vi) pneumatic brakes; (vii) 

air compressors; (viii) gas cylinder 

stands; (ix) bearings (of various types 

specified in the request); (x) electric 

cabinet switches and handles; (xi) 

electrical cabinet shafts; (xii) grounding 

shoes; and (xiii) scissor lifts. 

Attachment 1 to the request letter 

provided further information on these 

parts. 

In accordance with the Consolidated 

Appropriations Act, 2021 (Pub. L. 116– 

260), FHWA published a notice seeking 

comment on whether a waiver was 

appropriate on its website, https://

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=157, on 

September 27, 2021. 

The FHWA received 14 comments in 

response to the publication. Eight 

commenters opposed the waiver, two 

supported it, and four of the comments 

documented the District’s efforts to 

follow-up with one of the commenters 

opposing the waiver. Seven of the 

comments opposing the waiver did not 

offer any specific information on the 

availability of compliant products, nor 

did they suggest specific, additional 

actions that the District could take to 

maximize its use of goods, products, 

and materials produced in the United 

States. One commenter opposing the 

waiver indicated that he believed the 

parts were available from domestic 

suppliers but also did not name a 

specific manufacturer. This comment 

was submitted on September 28, 2021, 

and invited the District to contact the 

commenter for additional information 

on his statement. On October 4, 2021, 

the District responded to this 

commenter on the website requesting 

the names of United States 

manufacturers able to provide the 

relevant parts. On October 13, 2021, the 

District emailed this commenter at the 

email address he used to submit the 

comment asking the same. On October 

25, 2021, the District posted a new 

comment to the website explaining that 

it had received no reply, either by email 

or phone, to its questions for this 

commenter. Thus, the District did not 

receive any new information indicating 

that the subject parts could be produced 

by domestic manufacturers from any of 

the commenters opposing the waiver. 

Although the District did not identify 

compliant components for the 

maintenance travelers, it provided 

information to FHWA supporting its 

waiver request, including information: 

• Supporting the necessity of these 

specific maintenance travelers for 

allowing continued access to the bridge 

for performing inspections and 

maintenance operations after the suicide 

prevention nets are installed; 

• Documenting efforts to locate 

compliant manufactured products; 

• Demonstrating that alternative 

designs were infeasible; and 

• Describing the effects of denying 

the request. 

Although ultimately unsuccessful, the 

District made substantial efforts to find 

suitable Buy America compliant 

components for the maintenance 

travelers. 

Timing and Need for a Waiver. The 

District maintains that approval of a Buy 

America waiver for the relevant 

components of the maintenance 

travelers is now critical to maintain the 

schedule of ongoing construction on the 

Project. The District explained in early 

2021 that it was already at a juncture 

where delays in the approval of the Buy 

America waiver may delay completion 

of construction with commensurate 

additional payments to the contractor. 

Executive Order 14005. Executive 

Order 14005, ‘‘Ensuring the Future is 

Made in All of America by All of 

America’s Workers,’’ provides that 

agencies should, consistent with 

applicable law, maximize the use of 

goods, products, and materials 

produced in, and services offered in, the 

United States. 86 FR 7475 (Jan. 28, 

2021). Based on the information 

contained in the waiver request from the 

District and the lack of responsive 

comments following publication of a 

notice seeking comment on September 

28, 2021, regarding available domestic 

manufacturers for the subject parts, 

FHWA concludes that issuing a waiver 

is consistent with Executive Order 

14005. 

Finding and Request for Comments 

Based on all the information available 

to the Agency, FHWA concludes that 

there are no Buy America-compliant 

relevant components for the 

maintenance travelers for the Project, 

specifically including: (i) Electric 

motors; (ii) speed reducers; (iii) wheel 

chocks; (iv) a chain stopper; (v) rail 

clamps with hydraulic power units; (vi) 

pneumatic brakes; (vii) air compressors; 

(viii) gas cylinder stands; (ix) bearings 

(of various types specified in the 

request); (x) electric cabinet switches 

and handles; (xi) electrical cabinet 

shafts; (xii) grounding shoes; and (xiii) 

scissor lifts. This finding only includes 

components identified in the waiver 

request and supporting documents 

included on FHWA’s website. 

The District and its contractors and 

subcontractors involved in the 

procurement of the relevant components 


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6938 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 

are reminded of the need to comply 

with the Cargo Preference Act in 46 CFR 

part 38, if applicable. 

In accordance with the provisions of 

Section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 stat. 1572), FHWA is 

providing this notice as its finding that 

a waiver of Buy America requirements 

is appropriate. FHWA invites public 

comment on this finding for an 

additional five (5) days following the 

effective date of the finding. Comments 

may be submitted to FHWA’s website 

via the link provided to the waiver page 

noted above. 

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

244; Pub. L. 116–260; 23 CFR 635.410. 

Stephanie Pollack, 

Deputy Administrator, Federal Highway 

Administration. 

[FR Doc. 2022–02449 Filed 2–4–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2010–0033] 

New Jersey Transit’s Request To 

Amend Its Positive Train Control 

Safety Plan and Positive Train Control 

System 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This document provides the 

public with notice that, on January 14, 

2022, New Jersey Transit (NJT) 

submitted a request for amendment 

(RFA) to its FRA-approved Positive 

Train Control Safety Plan (PTCSP). As 

this RFA may involve a request for 

FRA’s approval of proposed material 

modifications to an FRA-certified 

positive train control (PTC) system, FRA 

is publishing this notice and inviting 

public comment on the railroad’s RFA 

to its PTCSP. 

DATES: FRA will consider comments 

received by February 28, 2022. FRA may 

consider comments received after that 

date to the extent practicable and 

without delaying implementation of 

valuable or necessary modifications to a 

PTC system. 

ADDRESSES: 

Comments: Comments may be 

submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and the 

applicable docket number. The relevant 

PTC docket number for this host 

railroad is Docket No. FRA–2010–0033. 

For convenience, all active PTC dockets 

are hyperlinked on FRA’s website at 

https://railroads.dot.gov/train-control/ 

ptc/ptc-annual-and-quarterly-reports. 

All comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. 

SUPPLEMENTARY INFORMATION: In general, 

Title 49 United States Code (U.S.C.) 

section 20157(h) requires FRA to certify 

that a host railroad’s PTC system 

complies with 49 CFR part 236, subpart 

I, before the technology may be operated 

in revenue service. Before making 

certain changes to an FRA-certified PTC 

system or the associated FRA-approved 

PTCSP, a host railroad must submit, and 

obtain FRA’s approval of, an RFA to its 

PTCSP under Title 49 Code of Federal 

Regulations (CFR) Section 236.1021. 

Under 49 CFR 236.1021(e), FRA’s 

regulations provide that FRA will 

publish a notice in the Federal Register 

and invite public comment in 

accordance with 49 CFR part 211, if an 

RFA includes a request for approval of 

a material modification of a signal and 

train control system. Accordingly, this 

notice informs the public that on 

January 14, 2022, NJT submitted an RFA 

to its PTCSP for its Advanced Speed 

Enforcement System II (ASES II) and 

that RFA is available in Docket No. 

FRA–2010–0033. 

Interested parties are invited to 

comment on NJT’s RFA to its PTCSP by 

submitting written comments or data. 

During FRA’s review of this railroad’s 

RFA, FRA will consider any comments 

or data submitted within the timeline 

specified in this notice and to the extent 

practicable, without delaying 

implementation of valuable or necessary 

modifications to a PTC system. See 49 

CFR 236.1021; see also 49 CFR 

236.1011(e). Under 49 CFR 236.1021, 

FRA maintains the authority to approve, 

approve with conditions, or deny a 

railroad’s RFA to its PTCSP at FRA’s 

sole discretion. 

Privacy Act Notice 

In accordance with 49 CFR 211.3, 

FRA solicits comments from the public 

to better inform its decisions. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to https://

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. To facilitate comment 

tracking, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. If you 

wish to provide comments containing 

proprietary or confidential information, 

please contact FRA for alternate 

submission instructions. 

Issued in Washington, DC. 

Carolyn R. Hayward-Williams, 

Director, Office of Railroad Systems and 

Technology. 

[FR Doc. 2022–02512 Filed 2–4–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0006] 

Request for Information for the 

Corridor Identification and 

Development Program 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Request for information (RFI). 

SUMMARY: On November 15, 2021, 

President Biden signed into law the 

Infrastructure Investment and Jobs Act, 

also known as the Bipartisan 

Infrastructure Law (BIL). The BIL 

provides historic appropriations for 

railroad transportation grant programs 

administered by the Federal Railroad 

Administration (FRA), and also 

authorizes new programs to enhance rail 

safety and to repair, restore, improve, 

and expand the nation’s rail network. 

Among those new programs is the 

Corridor Identification and 

Development Program (the Program), 

which creates a new framework to 

facilitate the development of new, 

enhanced, and restored intercity 

passenger rail corridors throughout the 

country. The BIL requires the Secretary 

of Transportation to establish the 

Program within 180 days of enactment 

(i.e., May 14, 2022). This responsibility 

is delegated to FRA. In this request for 

information (RFI), FRA is seeking 

comments on the Program and how it 

can best serve stakeholders and the 

public in facilitating the development of 

intercity passenger rail corridors. 

DATES: Written comments on this RFI 

must be received on or before March 9, 


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