
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40395-40396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14554]


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

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, To Use Marmoleum 
Flooring

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 it intends to 
grant the City of Sacramento, California, Department of Public Works 
(Sacramento), a waiver from FRA's Buy America requirement to use Walton 
Cirrus Original Brown #3665 (Brown Marmoleum), in the Sacramento Valley 
Station Phase II intermodal project.

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 28, 2016.

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 40396]]

    (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 submitting 
responses 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 10, 
Washington, DC 20590, (202) 493-0078, John.Johnson@dot.gov.

SUPPLEMENTARY INFORMATION: 
    FRA provides information on its reasons for granting this waiver in 
a letter to Sacramento, 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 ``Marmoleum,'' 
specifically the color Walton Cirrus Original Brown #3665 (Brown 
Marmoleum), a natural linoleum flooring product made by Forbo Flooring 
Systems in the Netherlands, for use in the Sacramento Valley Station 
(SVS) Phase II intermodal project.\1\ The Brown Marmoleum will cover 
1,480 sq. ft and costs approximately $4,690.
---------------------------------------------------------------------------

    \1\ Sacramento also requested a waiver for Sacramento requested 
a non-availability Buy America waiver for a variable refrigerant 
flow (VRF) heating, ventilation, and air conditioning (HVAC) system 
to be installed into SVS. However, FRA chose to bifurcate the waiver 
requests since the VRF waiver was more advanced in terms of 
processing and was pivotal to Sacramento. FRA granted a waiver for 
the VRF system on June 4, 2015. https://www.fra.dot.gov/eLib/Details/L16619.
---------------------------------------------------------------------------

    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 an Amtrak station, commercial 
retail and office space.
    To support its waiver request, Sacramento contends that Brown 
Marmoleum natural linoleum is the only flooring that meets the 
standards in the Secretary of Interior's Standards for the Treatment of 
Historic Properties with Guidelines for Preserving, Rehabilitating, and 
Reconstructing Historic Buildings. Specifically, Sacramento asserts 
that Brown Marmoleum is the only flooring product that sufficiently 
matches the design, color, and texture of the original historic 
flooring used in SVS. Forbo does not manufacture Brown Marmoleum in the 
United States. After comparing flooring samples to the original 
flooring, California's State Historic Preservation Office and FRA 
determined Brown Marmoleum is the only product best matching the 
original linoleum's design, color, and texture.
    Therefore, FRA is granting Sacramento's waiver request. FRA 
concludes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for 
Brown Marmoleum because domestically-produced flooring meeting the 
specific needs of Sacramento for this application (i.e., historic 
preservation) is not currently ``produced in sufficient and reasonably 
available amount or . . . [is] not of a satisfactory quality.'' 49 
U.S.C. 24405(a)(2)(B).
    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.
    Questions about this letter can be directed to, John Johnson, 
Attorney-Advisor, at John.Johnson@dot.gov or (202) 493-0078.

    Sincerely,

    Sarah E. Feinberg
    Administrator

    Issued in Washington, DC, on June 15, 2016.
Amitabha Bose,
Chief Counsel.
[FR Doc. 2016-14554 Filed 6-20-16; 8:45 am]
 BILLING CODE 4910-06-P


