
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34783-34784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14887]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033


Notice of Intent To Grant a Buy America Waiver to the City of 
Sacramento, California, Department of Public Works, for the Purchase of 
a Variable Refrigerant Flow Heating, Ventilation, and Air Conditioning 
System

AGENCY: Federal Railroad Administration (FRA), United States Department 
of Transportation (DOT).

ACTION: Notice of intent to grant Buy America waiver.

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SUMMARY: FRA is issuing this notice to advise the public that it 
intends to grant the City of Sacramento, California, Department of 
Public Works (Sacramento), a waiver from FRA's Buy America requirement 
under 49 U.S.C. 24405(a)(2)(B) for the purchase of a variable 
refrigerant flow (VRF) heating, ventilation, and air conditioning 
system for use in the Sacramento Valley Station Phase II intermodal 
project. The $30 million project is partially funded with a $15 million 
2012 Transportation Infrastructure Generating Economic Recovery grant. 
The cost of the non-domestic material in the VRF system is 
approximately $202,500. FRA believes a waiver is appropriate under 49 
U.S.C. 24405(a)(2)(B) for the VRF system because VRF systems are not 
currently produced in the U.S.

DATES: Written comments on FRA's determination to grant Sacramento's 
Buy America waiver request should be provided to the FRA on or before 
June 22, 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 hand-delivered 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;

[[Page 34784]]

    (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 Sacramento's request is quoted below:

Mr. Gregory Taylor
AIA, Supervising Architect/Project Manager
City of Sacramento, Department of Public Works
915 I Street
Room 2000
Sacramento, CA 95814-2604.

Re: Request for Waiver of Buy America Requirement

Dear Mr. Taylor:
    As you are aware, on November 24, 2014, the City of Sacramento, 
California, Department of Public Works (Sacramento) requested a 
waiver from the Federal Railroad Administration's (FRA) Buy America 
requirement (49 U.S.C. 24405(a)) to purchase a variable refrigerant 
flow (VRF) heating, ventilation, and air conditioning (HVAC) system 
for use in the Sacramento Valley Station (SVS) Phase II intermodal 
project.\1\
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    \1\ Sacramento also requested a waiver for Marmoleum flooring. 
However, FRA has chosen to bifurcate the waiver requests since the 
VRF waiver is more advanced in terms of processing and in urgent 
need by Sacramento. FRA is still deciding whether a waiver for the 
flooring is warranted.
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    The SVS Phase II intermodal project is the rehabilitation of the 
historic 68,000 square foot train station in downtown Sacramento, 
California. The $30 million project is partially funded with a $15 
million 2012 Transportation Infrastructure Generating Economic 
Recovery (TIGER) grant. The U.S. Department of Transportation (DOT) 
selected each project for 2012 TIGER Grant funding based on whether 
it would, among other things, promote a more environmentally 
sustainable transportation system. 77 FR 4863, 4867 (January 31, 
2012). After rehabilitation, the SVS will include Amtrak station 
facilities, commercial retail and office space.
    FRA is granting Sacramento's waiver request. FRA concludes a 
waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the VRF 
system because domestically-produced HVAC systems meeting the 
specific needs of Sacramento for this application (i.e., energy 
efficiency and historic preservation) are not currently ``produced 
in sufficient and reasonably available amount or are not of a 
satisfactory quality.'' 49 U.S.C. 24405(a)(2)(B).
    With respect to historic building preservation and energy 
efficiency, FRA concludes that the VRF system is the only choice for 
the rehabilitation of the SVS for the following reasons:

 The VRF system has small distribution pipes instead of 
larger ductwork that would create problematic penetrations in the 
existing older structures.
 The VRF system has smaller equipment in the conditioned 
allowable space.
 The VRF system does not require heavy, large air handling 
units that would overburden an historic building's capacity.
 The VRF system has zone-to-zone heat recovery and high 
efficiency heating and cooling.

In addition to concluding that VRF is the only system meeting the 
project's needs, FRA also conducted due diligence with regard to 
determining the availability of domestic manufacturers of the VRF 
system. FRA concludes that no company manufactures VRF systems 
domestically. FRA bases this determination on the following facts:

 In 2010, the U.S. Department of Energy (DOE) issued a 
blanket non-availability waiver for VRF HVAC systems procured with 
American Reinvestment and Recovery Act funding. See 75 FR 35447, 
June 22, 2010.
 In 2014, the Federal Transit Administration (FTA) granted 
two non-availability waivers for VRF systems. See St. Louis' 
MetroLink, 79 FR 34653, June 17, 2014, and San Bernardino Associated 
Governments, 79 FR 61129, October 9, 2014. FTA is currently 
reviewing another non-availability waiver for a VRF system.
 On December 9, 2014, FRA provided public notice of this 
waiver request and a 15-day opportunity for comment on its Web site. 
FRA also emailed notice to over 6,000 persons who have signed up for 
Buy America notices through ``GovDelivery.'' See http://www.fra.dot.gov/Page/P0719. FRA received one comment. The commenter 
supported granting the waiver and stated, ``The efficiency of the 
VRF system cannot be matched by other types of conventional 
systems.''
 In February 2015, FTA engaged National Institute of 
Standards and Technology's Hollings Manufacturing Extension 
Partnership (NIST-MEP) to scout for Buy America-compliant VRF 
systems. NIST-MEP did not locate any domestic VRF systems. In fact, 
Carrier Corporation responded to NIST-MEP's scouting efforts, 
stating ``VRF system is a new technology . . . there are no current 
domestic manufacturers of VRF systems.''

Pursuant to 49 U.S.C. 24405(a)(4), FRA will publish this letter 
granting Sacramento's request in the Federal Register and provide 
notice of such finding and an opportunity for public comment after 
which this waiver will become effective.
    Question about this letter can be directed to, John Johnson, 
Attorney-Advisor, at John.Johnson@dot.gov or (202) 493-0078.

Sincerely,

Sarah Feinberg
Acting Administrator


Melissa L. Porter,
Chief Counsel.
[FR Doc. 2015-14887 Filed 6-16-15; 8:45 am]
 BILLING CODE 4910-06-P


