
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Notices]
[Pages 74834-74835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30205]


-----------------------------------------------------------------------

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), United States 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 250 Sure Close 
gate hinges, which are manufactured in Italy. FRA believes a waiver is 
appropriate because, despite IDOT's best efforts to develop a domestic 
source for these hinges, domestically-produced gate hinges for 
pedestrian crossings meeting IDOT's safety specifications and schedule 
needs remain unavailable in the United States.

DATES: Written comments on FRA's determination to grant IDOT's Buy 
America waiver request should be provided to the FRA on or before 
December 7, 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;
    (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 reference 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: 
    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 250 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 
project is funded by a $1.33 billion grant from FRA. The value of the 
250 hinges is approximately $79,000. FRA believes a waiver is 
appropriate under 49 U.S.C. 24405(a)(2)(B) because, despite IDOT's best 
efforts to develop a domestic source for these hinges, domestically-
produced gate hinges for pedestrian crossings meeting IDOT's safety 
specifications and schedule needs remain unavailable in the United 
States.
    The letter granting IDOT's request is quoted below:

John Oimoen
Interim Director, Division 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. Oimoen:
This letter responds to your request, dated June 30, 2015, 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 pedestrian swing 
gates IDOT needs to purchase using FRA grant monies. Specifically, 
your 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 grant ($1.33 billion) to IDOT for the Chicago-St. 
Louis High Speed Rail (HSR) corridor.
Your waiver request is for the remaining 250 of 600 Sure Close gate 
hinges needed for the project that D&D Technology, an Italian 
company, manufactures. In February 2015, FRA granted IDOT a waiver 
for the initial 350 gate hinges. Because the hinges are manufactured 
in Italy, IDOT needs a waiver from FRA's Buy America requirement. 
FRA is granting IDOT's waiver request for the additional 250 Sure 
Close gate hinges. FRA believes a waiver is again appropriate under 
49 U.S.C. 24405(a)(2)(B) because, despite IDOT's best efforts to 
develop a domestic source for these hinges, domestically-produced 
gate hinges for pedestrian crossings meeting IDOT's safety 
specifications and schedule needs remain unavailable in the United 
States. IDOT needs the remaining 250 gate hinges for its project to 
remain on schedule.
FRA posted the new request for the 250 gate hinges on its Web site 
and received no comments. Under 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

[[Page 74835]]

and an opportunity for public comment after which this waiver will 
become effective.
Questions 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


    Issued in Washington, DC on November 23, 2015.
Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2015-30205 Filed 11-27-15; 8:45 am]
 BILLING CODE 4910-06-P


