Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46883 

requirements were tailored to the types 

of products that are typically used in 

highway construction, which generally 

meet the requirement that steel and iron 

materials be manufactured domestically. 

In today’s global industry, vehicles are 

assembled with iron and steel 

components that are manufactured all 

over the world. The FHWA is not aware 

of any domestically produced vehicle 

on the market that meets FHWA’s Buy 

America requirement to have all its iron 

and steel be manufactured exclusively 

in the United States. For example, the 

Chevrolet Volt, which was identified by 

many commenters in a November 21, 

2011, Federal Register Notice (76 FR 

72027) as a car that is made in the 

United States, is comprised of only 45 

percent of United States and Canadian 

content according to the National 

Highway Traffic Safety Administration’s 

Part 583 American Automobile Labeling 

Act Report Web page at http://

www.nhtsa.gov/Laws+&+Regulations/

Part+583+American+Automobile

+Labeling+Act+(AALA)+Reports. 

Moreover, there is no indication of how 

much of this 45 percent content is 

domestically manufactured (from initial 

melting and mixing) iron and steel 

content. 

Consistent with the Consolidated 

Appropriations Act of 2017 (Pub. L. 

115–31), FHWA published two notices 

seeking comments whether a waiver is 

appropriate on its Web site, https://

www.fhwa.dot.gov/construction/

contracts/cmaq170321.cfm and https://

www.fhwa.dot.gov/construction/

contracts/cmaq170725.cfm. The FHWA 

received no comments in response to 

the publication. Based on FHWA’s 

conclusion that there are no domestic 

manufacturers that can produce the 

vehicles identified in this notice in such 

a way that all their steel and iron 

materials are manufactured 

domestically, FHWA finds that a waiver 

of FHWA’s Buy America requirements 

is appropriate under the non-availability 

criteria (23 U.S.C. 313(b)(2) and 23 CFR 

635.410(c)(2)(ii)). However, FHWA 

believes that it is consistent with the 

Buy America requirements to impose 

the condition that the vehicles and the 

vehicle components be assembled in the 

United States. Requiring final assembly 

to be performed in the United States is 

consistent with past guidance to FHWA 

Division Offices on manufactured 

products (see Memorandum on Buy 

America Policy Response, Dec. 22, 1997, 

http://www.fhwa.dot.gov/ 

programadmin/contracts/122297.cfm). 

A waiver of the Buy America 

requirement without any regard to 

where the vehicle is assembled would 

diminish the purpose of the Buy 

America requirement. Moreover, in 

today’s economic environment, the Buy 

America requirement is especially 

significant in that it will ensure that 

Federal-aid funds are used to support 

and create domestic jobs. This approach 

is similar to the conditional waivers 

previously given for various vehicle 

projects. Thus, so long as the final 

assembly of the 29 vehicles occurs in 

the United States, applicants to this 

waiver request may proceed to purchase 

these vehicles consistent with the Buy 

America requirement. 

In accordance with the provisions of 

section 117 of the ‘‘Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users, Technical 

Corrections Act of 2008’’ (Pub. L. 110– 

244), FHWA is providing this notice of 

its finding that a non-availability waiver 

of Buy America requirements is 

appropriate on the condition that the 

vehicles identified in the notice are 

assembled domestically. 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 FHWA’s Web site 

via the link provided to the waiver page 

noted above. 

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

23 CFR 635.410 

Issued on: October 2, 2017. 

Brandye L. Hendrickson, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2017–21567 Filed 10–5–17; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2017–0085] 

Petition for Waiver of Compliance 

In accordance with part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated August 

22, 2017, Siemens Mobility Division 

Rolling Stock (Siemens) has petitioned 

the Federal Railroad Administration 

(FRA) for a waiver of compliance from 

the requirements of 49 CFR 238.103 

(Fire safety). FRA assigned the petition 

docket number FRA–2017–0085. 

Section 238.103 of Title 49 of the CFR 

requires materials used in the 

construction of passenger cars to meet 

the test methods and performance 

criteria for the flammability and smoke 

emission characteristics of Appendix B 

to part 238. Appendix B requires all 

thermal and acoustic insulation material 

used in the construction of passenger 

rail vehicles to be tested in accordance 

with American Society for Testing and 

Materials (ASTM) E 162.98 with a 

radiant panel index of Is ≤ 25, and 

ASTM E 662–01 with a specific optical 

density Ds (4.0) ≤ 100. 

In constructing twenty passenger 

coaches for use in phase 1 of the 

Brightline/All Aboard Florida (AAF) 

passenger service between Miami and 

West Palm Beach, Siemens used a ‘‘KFlex Eco’’ material that has been tested 

with the results of Is = 202 and Ds (4.0) 

= 131. Siemens is requesting a waiver 

from Appendix B as applied to these 

two requirements, asserting that the 

‘‘fire risk . . . is negligible and an 

equivalent level of safety is maintained’’ 

considering the end use configuration of 

the material and the small amount of the 

material used’’ Siemens further 

indicates it intends the waiver to 

provide sufficient information to 

demonstrate an equivalent level of 

safety in order to prevent the 

replacement of the K-Flex Eco 

insulation material in the 20 coaches. 

Siemens also notes that granting the 

requested relief would have a 

considerable positive impact on the 

project schedule and associated costs. 

In support of its petition, Siemens 

attached two documents: (1) AAF Coach 

SFT Water Pipe Insulation Discussion 

V5 (A 13-page presentation showing 

pipe insulation material, its usage on 

AAF coaches, for drain and fresh water 

pipes, as well as locations of the usage); 

and (2) a 53-page document titled, ‘‘Fire 

Safety Analysis; Use of K-Flex Eco 

Insulation in All Aboard Florida 

Coaches.’’ (SII–ENA–215 Rev. B). This 

document provided the analysis 

supporting Siemens’ safety equivalency 

claim. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
46884 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

November 6, 2017 will be considered by 

FRA before final action is taken. 

Comments received after that date will 

be considered as far as practicable. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). In 

accordance with 5 U.S.C. 553(c), DOT 

solicits comments from the public to 

better inform its processes. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to 

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 also https://www.regulations.gov/ 

privacyNotice for the privacy notice of 

regulations.gov. 

Robert C. Lauby, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2017–21514 Filed 10–5–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2017–0084] 

Petition for Waiver of Compliance 

Under part 211 of title 49 of the Code 

of Federal Regulations (CFR), this 

provides the public notice that on 

August 21, 2017, the Norfolk Southern 

Corporation (NS) petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations in 49 CFR part 214. FRA 

assigned the petition docket number 

FRA–2017–0084. 

NS requests a waiver of compliance 

from § 214.336(c) as it pertains to 

procedures for adjacent controlled track 

movements at 25 miles per hour (mph) 

or less. NS indicates this request is 

specific to a unique working group, the 

R–3 Dual Rail Gang (R–3 Gang). This 

group is a system-level production gang 

comprised of 78 employees and 40 

roadway maintenance machines with 

the capability to remove both rails while 

simultaneously installing both new 

rails. NS states no other railroad has a 

work group that operates in this manner 

to replace both rails; the relief requested 

in the waiver would apply only to this 

specific work group. 

NS is seeking a waiver from using the 

gauge position of the rail as the point for 

the plane that is not to be broken on the 

occupied track. Instead, NS seeks to use 

the removed rails of the occupied track 

as an envelope for on-ground work 

performed exclusively between these 

rails for the employees working in the 

R–3 Gang. NS asserts the work can be 

performed safely within the context of 

the R–3 Gang’s work. As described by 

NS in its petition, during dual rail 

replacement, both rails are 

simultaneously removed from the track 

structure and positioned on the ballast 

against the outside of the crossties on 

the occupied track. In this position, the 

removed rail is nearly 16.75 inches 

closer to the adjacent controlled track 

than its normal gage position on the 

crosstie. Once the rails are removed 

from their normal position on the 

crosstie, an adzing machine is used to 

remove any tie cutting from the crosstie. 

At this point in the process, there is not 

a clearly defined outside limit with 

respect to ‘‘the on-ground work 

performed exclusively between the 

rails.’’ NS states that the removed rail 

lying on the ballast against the end of 

the crosstie provides a clear line of 

demarcation that is easily identifiable to 

its employees. 

NS is also seeking a waiver from the 

requirement that on-ground work be 

performed exclusively between the rails 

(i.e., not breaking the plane of the rails) 

of the occupied track. Based on this 

request, NS seeks a waiver from 

compliance to allow up to four onground R–3 Gang employees (when 

working with one adjacent controlled 

track) and up to eight on-ground R–3 

Gang employees (when working with 

two adjacent controlled tracks) to break 

the plane of the outside rail to perform 

minor work. NS indicates the employees 

would be limited in their duties for 

breaking the plane of the outside rail to 

only move tie plates with non-powered 

hand tools from the ballast to its positon 

on top of the crossties. This minor work 

could be completed with the employees’ 

center of gravity positioned within the 

newly defined outside rails. 

A copy of the petition, as well as any 

other written communications 

concerning the petition, is available for 

review online at www.regulations.gov 

and in person at the Department of 

Transportation’s Docket Operations 

Facility, 1200 New Jersey Ave. SE., 

W12–140, Washington, DC 20590. The 

Docket Operations Facility is open from 

9 a.m. to 5 p.m., Monday through 

Friday, except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

November 20, 2017 will be considered 

by FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its processes. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at https://


asabaliauskas on DSKBBXCHB2PROD with NOTICES