60-day FRN

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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

information, you may review DOT’s
complete Privacy Act Statement in the
Federal Register published April 11,
2000 (65 FR 19477), or you may visit
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Cecelia Comito, Assistant Chief
Counsel, at (202) 366–2217 or
cecelia.comito@dot.gov.
SUPPLEMENTARY INFORMATION: The
purpose of this notice is to provide
notice and seek comment on whether
the FTA should grant a non-availability
waiver for Sound Transit’s purchase of
approximately 15,100 feet of
ultrastraight rail. On February 23, 2016,
Sound Transit requested a Buy America
waiver for the ultrastraight rail because
the as-installed condition of
ultrastraight rail, procured from a
domestic manufacturer, failed to meet
applicable vibration threshold
requirements. Sound Transit estimates
that the ultrastraight rail will cost
approximately $300,000.
Sound Transit’s Northgate Link
extension is a $1.9 billion rail project
that consists of 4.3 miles and 3 new
stations, and runs through residential
and employment areas, including the
University of Washington.
Approximately 15,100 feet of that
extension will run under the University
of Washington’s Health Sciences and
Physics-Astronomy buildings, which
house precision-measurement
laboratories and experiments conducted
by Nobel Prize winning faculty. The
project’s potential impact on the
University’s buildings was considered
as part of the environmental review
process required by the National
Environmental Policy Act (NEPA). In
2006, FTA issued a final Record of
Decision (ROD) for the project, and
required implementation of mitigation
measures, including a measure that
would minimize vibration under the
University buildings. Sound Transit
then executed a 2007 agreement with
the University of Washington in which
Sound Transit agreed to not exceed
specified vibration thresholds, which
could be met through use of
ultrastraight rail, with parameters for
that rail based on American Railway
Engineers Maintenance-of-Way
Association (‘‘AREMA’’) standards.
Sound Transit contacted domestic rail
manufacturers regarding their ability to
produce ultrastraight rail within the
agreed upon AREMA specifications for
the rail. Two leading manufacturers,
Steel Dynamics, Inc. (SDI) and EVRAZ
North America (EVRAZ), stated
unequivocally that they are unable to
fabricate rail that meets the
specification. Sound Transit

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subsequently explored using
domestically-sourced, milled rail.
However, testing of the as-installed
milled rail found that the rail failed to
meet the applicable vibration
thresholds. Due to its unsuccessful
efforts to procure domestically-sourced
ultrastraight rail within the vibration
thresholds, Sound Transit seeks a nonavailability waiver of the Buy America
requirements for domestically-sourced
steel.
With certain exceptions, FTA’s Buy
America requirements prevent FTA
from obligating an amount that may be
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and
manufactured goods used in the project
are produced in the United States.’’ 49
U.S.C. 5323(j)(1). The steel and iron
requirements apply to all construction
materials made primarily of steel or iron
and used in infrastructure projects such
as transit or maintenance facilities, rail
lines, and bridges. These items include,
but are not limited to, structural steel or
iron, steel or iron beams and columns,
running rail and contact rail. For steel
or iron to be considered produced in the
United States, all steel and iron
manufacturing processes must take
place in the United States, except
metallurgical processes involving
refinement of steel additives. 49 CFR
661.5.
If, however, FTA determines that ‘‘the
steel, iron, and goods produced in the
United States are not produced in a
sufficient and reasonably available
amount or are not of a satisfactory
quality,’’ then FTA may issue a waiver
(non-availability waiver). 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c). Any nonavailability waiver granted would be
effective for a one-time procurement of
the rail and would expire upon
completion of that procurement.
Finally, under 49 U.S.C. 5323(j)(6),
FTA cannot deny an application for a
waiver based on non-availability unless
FTA can certify that (i) the steel, iron,
or manufactured good (the ‘‘item’’) is
produced in the United States in a
sufficient and reasonably available
amount; and (ii) the item produced in
the United States is of a satisfactory
quality. Additionally, FTA must provide
a list of known manufacturers in the
United States from which the item can
be obtained. FTA is not aware of any
manufacturers who produce
ultrastraight rail that would meet the
required parameters in the United
States.
Sound Transit conducted an extensive
search for a domestic manufacturer of
ultrastraight rail, including testing
domestically-sourced, milled rail.
Unfortunately, testing of the as-installed

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milled rail found that the rail failed to
meet the applicable vibration
thresholds. Due to its unsuccessful
efforts to procure domestically-sourced
ultrastraight rail within the vibration
thresholds, FTA proposes to grant
Sound Transit a non-availability waiver
of the Buy America requirements for
15,100 feet of ultrastraight rail, as
required in the 2007 agreement between
Sound Transit and the University. This
non-availability waiver would be
effective for a one-time procurement of
the rail and would expire upon
completion of that procurement.
The purpose of this notice is to
publish Sound Transit’s request and
seek public comment from all interested
parties in accordance with 49 U.S.C.
5323(j)(3)(A). Comments will help FTA
understand completely the facts
surrounding the request, including the
effects of a potential waiver and the
merits of the request. After
consideration of the comments, FTA
will publish a second notice in the
Federal Register with a response to
comments and noting any changes made
to the proposed waiver as a result of the
comments received.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016–26316 Filed 10–31–16; 8:45 am]
BILLING CODE P

DEPARTMENT OF TRANSPORTATION
[Docket No. DOT–MARAD 2016–0110]

Agency Requests for Renewal of a
Previously Approved Information
Collection(s): Approval of Underwriters
of Marine Hull Insurance
Maritime Administration,
Department of Transportation.
ACTION: Notice and request for
comments.
AGENCY:

The Maritime Administration
(MARAD) invites public comments
about our intention to request the Office
of Management and Budget (OMB)
approval to renew an information
collection. The information is needed in
order for Maritime Administration
officials to evaluate the underwriters
and determine their suitability for
providing marine hull insurance on
Maritime Administration vessels. We
are required to publish this notice in the
Federal Register by the Paperwork
Reduction Act of 1995, Public Law 104–
13.
DATES: Written comments should be
submitted by January 3, 2017.
ADDRESSES: You may submit comments
[identified by Docket No. DOT–
SUMMARY:

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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

asabaliauskas on DSK3SPTVN1PROD with NOTICES

MARAD–2016–0110] through one of the
following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mike Yarrington, 202–366–1915,
Director, Office of Marine Insurance,
Maritime Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2133–0517.
Title: Approval of Underwriters of
Marine Hull Insurance.
Form Numbers: None.
Type of Review: Renewal of an
information collection.
Background: This collection of
information involves the approval of
marine hull underwriters to insure
Maritime Administration program
vessels. Foreign and domestic
applicants will be required to submit
financial data upon which Maritime
Administration approval would be
based.
Respondents: Marine insurance
brokers and underwriters of marine
insurance.
Number of Respondents: 62.
Frequency: Annually.
Number of Responses: 62.
Total Annual Burden: 46.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
whether the proposed collection of
information is necessary for the
Department’s performance; (b) the
accuracy of the estimated burden; (c)
ways for the Department to enhance the
quality, utility and clarity of the
information collection; and (d) ways
that the burden could be minimized
without reducing the quality of the
collected information. The agency will
summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1:93.
By Order of the Maritime Administrator.
Dated: October 24, 2016.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2016–26353 Filed 10–31–16; 8:45 am]
BILLING CODE 4910–81–P

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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2016 0113]

Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
ARC TIME; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:

As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
December 1, 2016.
ADDRESSES: Comments should refer to
docket number MARAD–2016–0113.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at http://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at http://
www.regulations.gov.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Bianca Carr, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–9309, Email Bianca.carr@dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel ARC TIME is:
Intended Commercial use of Vessel:
‘‘Charter Fishing.’’
Geographic Region: ‘‘Texas,
Louisiana, Mississippi, Alabama,
Florida, South Carolina, North Carolina,
Virginia, Delaware, New Jersey, New
York, Connecticut, Rhode Island,
Massachusetts, New Hampshire, Maine,
Puerto Rico including Vieques.’’

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The complete application is given in
DOT docket MARAD–2016–0113 at
http://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR part 388.
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
By Order of the Maritime Administrator.
Dated: October 24, 2016.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2016–26359 Filed 10–31–16; 8:45 am]
BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2016 0111]

Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
MANNA; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:

As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.

SUMMARY:

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