A-01 Attachment 4_BAA D.F Nonavailability.pdf

Agriculture

United States Department of

Forest Service

Business Operations Procurement & Property Services Northwest Zone Construction and AE

Siuslaw National Forest 3200 SW Jefferson Way Corvallis, OR 97331

Caring for the Land and Serving People Printed on Recycled Paper

File Code: 6320 Date: January 28, 2021

Subject: A-E Task Order: 12010920F0045 Wrangell Compound HVAC Renovation Design Services Tongass National Forest

DETERMINATION AND FINDINGS OF NON-AVAILABILITY OF

DOMESTIC CONSTRUCTION MATERIAL

Upon the basis of the following findings and determination which I hereby make in accordance with the provisions of FAR 25.202(a)(2), the acquisition of foreign construction materials may be made as follows:

FINDINGS

1. The USDA Forest Service proposes to acquire inverter-driven ductless mini- and multi-split HVAC systems manufactured outside of the United States.

2. The Tongass NF contracted with an A-E Firm to perform a rigorous technical analysis of multiple

HVAC systems as potential replacements for the end-of-life systems on the Wrangell Ranger District administrative site. The A-E analyzed fuel oil boiler, propane boiler, electric resistance, variable refrigerant flow (VRF) air source heat pump, and inverter-driven ductless mini- and multi-split heat pump systems. The A-E’s analysis included evaluation of multiple selection criteria, including life cycle cost projections, cooling capabilities, temperature control of smaller zones, system redundancy, service technician response time, risk of fuel spill, disruptions to building occupants during construction, system reliability, and fuel source sustainability. Forest Leadership selected the inverter-driven ductless mini- and multi-split heat pump systems as the systems which best satisfy the selection criteria.

3. The above described construction materials are not manufactured in the United States.

4. The Contracting Officer and Contracting Officer’s Representative, in conjunction with the A-E

Design Firm for the above referenced project, have confirmed with three HVAC manufacturers (Carrier, Trane/Mitsubishi and Daikin) that this technology is not manufactured domestically by any company. The technology is manufactured in the following countries: Japan, Thailand, China and Czech Republic.

5. Similar Buy American non-availability waivers have been issued in the past, see enclosed Federal Register references for the following:

a. US Department of Energy (DOE) for VRF inverter-driven ductless mini-split HVAC systems, June 22, 2010.

b. DOT Federal Transit Administration (FTA) for a VRF HVAC system, June 17, 2014.

D&F for Non-Availability of Domestic Construction Material: Page 2 of 2

DETERMINATION

Based on the above findings, it is determined that purchase of inverter-driven ductless mini- and multi-split HVAC systems for A-E Task Order 12010920F0045 is allowed without regard to the restrictions of the Buy American statute.

RECOMMENDED:

JANET PAUL

Contracting Officer

MICHAEL L. JOHNSON

Zone Chief, Field Procurement Operations, NW Zone

APPROVED:

GEORGE A. SEARS

Mission Area Senior Contracting Official (MASCO)

Enclosures

35447 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Notices proposed when needed and, after consideration and approval by the full NNMCAB, may be sent to DOE–EM for action.

Purpose of the Waste Management Committee: The Waste Management Committee reviews policies, practices and procedures, existing and proposed, so as to provide recommendations, advice, suggestions and opinions to the NNMCAB regarding waste management operations at the Los Alamos site.

Tentative Agenda

• Welcome and introductions.

• Administrative issues.

Æ Approval of meeting agenda.

Æ Approval of June 9, 2010, committee meeting minutes.

Æ Items from Co-Deputy Designated

Federal Officers.

• Public comments.

• New business.

Æ Discussion of Draft NNMCAB

Recommendations.

Æ 2011 Committee Work Plan

Development

• Old business.

• Presentation by Los Alamos

National Security Subject Matter Expert.

• Wrap-up discussion and adjournment.

Public Participation: The NNMCAB’s

EMS&R and Waste Management Committees welcome the attendance of the public at their combined committee meeting and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Menice Santistevan at least seven days in advance of the meeting at the telephone number listed above. Written statements may be filed with the Committees either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Menice Santistevan at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

Minutes: Minutes will be available by writing or calling Menice Santistevan at the address or phone number listed above. Minutes and other Board documents are on the Internet at: http:// www.nnmcab.org/.

Issued at Washington, DC on June 16, 2010.

Rachel Samuel, Deputy Committee Management Officer.

[FR Doc. 2010–15027 Filed 6–21–10; 8:45 am]

BILLING CODE 6405–01–P

DEPARTMENT OF ENERGY

Environmental Management Site- Specific Advisory Board, Oak Ridge Reservation

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat.

770) requires that public notice of this meeting be announced in the Federal Register.

DATES: Wednesday, July 14, 2010, 6 p.m.

ADDRESSES: DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge, Tennessee.

FOR FURTHER INFORMATION CONTACT:

Patricia J. Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM– 90, Oak Ridge, TN 37831. Phone (865) 576–4025; Fax (865) 576–2347 or e-mail:

halseypj@oro.doe.gov or check the Web site at http://www.oakridge.doe.gov/em/ ssab.

SUPPLEMENTARY INFORMATION:

Purpose of the Board: The purpose of the Board is to make recommendations to DOE–EM and site management in the areas of environmental restoration, waste management, and related activities.

Tentative Agenda: The main meeting presentation will be Long-Term Stewardship for Contaminated Areas on the Oak Ridge Reservation.

Public Participation: The EM SSAB, Oak Ridge, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Patricia J.

Halsey at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Patricia J. Halsey at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

Minutes: Minutes will be available by writing or calling Patricia J. Halsey at the address and phone number listed above. Minutes will also be available at the following Web site: http:// www.oakridge.doe.gov/em/ssab/ minutes.htm.

Issued at Washington, DC, on June 15, 2010.

Rachel Samuel, Deputy Committee Management Officer.

[FR Doc. 2010–15026 Filed 6–21–10; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

Buy American Exception Under the American Recovery and Reinvestment Act of 2009; Nationwide Limited Public Interest and Domestic Nonavailability Waivers Under Section 1605

AGENCY: Office of Energy Efficiency and Renewable Energy (EERE), U.S.

Department of Energy (DOE).

ACTION: Notice of a determination of inapplicability (waiver).

SUMMARY: The U.S. Department of Energy (DOE) is providing notice of a determination of inapplicability (waiver) of the American Reinvestment and Recovery Act of 2009 (Recovery Act) to EERE-funded projects for non-residential programmable thermostats;

commercial scale fully-automatic wood pellet boiler systems; facility and small district wood pellet and chip boiler furnaces; variable refrigerant flow zoning and inverter-driven ductless mini-split HVAC systems; electrical ‘‘smart’’ strips/surge protectors; gas or propane tankless water heaters up to 200,000 BTUs; and fully-enclosed continuous composting systems (additional technical information for these items is detailed below).

DOE is also providing notice of a determination that the application of the restrictions of section 1605 of the Recovery Act would be inconsistent with the public interest with respect to incidental items that comprise in total a de minimis amount of the total cost of the iron, steel and manufactured goods used in the project; that is, any such incidental items up to a limit of no more

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35448 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Notices than 5 percent of the total cost of the iron, steel, and manufactured goods used in and incorporated into a project.

FOR FURTHER INFORMATION CONTACT:

Benjamin Goldstein, Energy Technology Program Specialist, Office of Energy Efficiency and Renewable Energy (EERE), (202) 287–1553, Department of Energy, 1000 Independence Avenue, SW., Mailstop EE–2K, Washington, DC 20585.

SUPPLEMENTARY INFORMATION: Under the authority of the Recovery Act, section 1605(b)(1) and (2), the head of a Federal department or agency may issue a ‘‘determination of inapplicability’’ (a waiver of the Buy American provisions) if the application of the restrictions of section 1605 would be inconsistent with the public interest, or if the iron, steel, or relevant manufactured good is not produced or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality (‘‘nonavailability’’). On November 10, 2009, the Secretary of Energy delegated the authority to make all inapplicability determinations under the Buy American provisions of the Recovery Act to the Assistant Secretary for Energy Efficiency and Renewable Energy (EERE) for EERE projects under the Recovery Act.

Waiver for Nonavailability

Pursuant to the above-referenced delegation the Assistant Secretary, EERE, has concluded that non-residential programmable thermostats; commercial scale fully-automatic wood pellet boiler systems;

facility and small district wood pellet and chip boiler furnaces; variable refrigerant flow zoning and inverter-driven ductless minisplit HVAC systems; electrical ‘‘smart’’ strips/surge protectors; gas or propane tankless water heaters up to 200,000 BTUs; and fully-enclosed continuous composting systems all qualify for the ‘‘nonavailability’’ waiver determination.

EERE has developed a process to ascertain in a systematic and expedient manner whether domestic manufacturing capacity exists for the items submitted for a waiver of the Recovery Act Buy American provision.

This process involves a close collaboration with the National Institute of Standards and Technology (NIST) Manufacturing Extension Partnership (MEP), to disseminate the technical specifications for the manufactured goods being submitted to EERE for waiver consideration, in order to scour the manufacturing landscape in search of producers before making any nonavailability determination.

Many of the items contained in this nonavailability waiver issued by the Assistant Secretary, EERE, were submitted to EERE as a result of a Request for Information published in the Federal Register on February 4, 2010, 75 FR 5783. Upon receipt of completed waiver requests in response to the RFI or independently, EERE reviewed the information provided and submitted the relevant technical information to the National Institute of Standards and Technology Manufacturing Extension Partnership (NIST MEP). MEP has a network of 59 centers across the country that work directly with domestic manufacturers and possess extensive knowledge of their specific capabilities. The EERE— MEP collaboration draws on these extensive network centers to ‘‘scout’’ for domestic manufacturers for the items submitted for Buy American waiver consideration by EERE Recovery Act grantees. The MEP centers reported that their scouting process did not locate any domestic manufacturers for these items.

In addition to the MEP collaboration outlined above, the EERE Buy American Coordinator worked with labor unions, trade associations and other manufacturing stakeholders to scout for domestic manufacturing capacity or an equivalent product for each item contained in this waiver. EERE also conducted significant amounts of independent research to supplement the MEP’s scouting efforts. EERE’s efforts revealed that the goods included in the waiver issued by the Assistant Secretary, EERE, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality.

The nonavailability determination was also informed by the communications to EERE from recipients of EERE Recovery Act funds, and from suppliers, distributors, retailers and trade associations—all stating that their individual efforts to locate domestic manufacturers have been unsuccessful. For example, EERE received four separate individual waiver requests for the types of HVAC systems included in the nonavailability waiver.

Specific technical information for the manufactured goods included in the nonavailability determination is detailed below:

(1) Programmable Thermostats— Includes devices that permit adjustment of heating or air-conditioning operations according to a pre-set schedule. Applies only to nonresidential programmable thermostat units.

(2) Commercial Scale Fully-Automatic Wood Pellet Boiler System—Includes wood pellet boilers featuring a pneumatic conveyance system to transport wood pellets to the boiler, an automatic ignition system, continuously monitored and optimized combustion, ash removal/management system and the ability to control and integrate with other existing heat systems.

(3) Facility and Small District Wood Pellet and Chip Boiler Furnaces— Includes high efficiency, ultra-low emission biomass boilers for facility and small district heating, ranging from 35,000 Btu to 15,000,000 Btu.

(4) Variable Refrigerant Flow Zoning HVAC Systems and Inverter-Driven Ductless Mini-Split HVAC Systems— Includes variable refrigerant flow (VRF) multi-split heat pump (with or without heat recovery) and air conditioning systems; and inverter-driven ductless mini-split heat pump and air conditioner systems. This waiver includes the main condensor and heat pump units, wall and fan coil units, zone controllers, remote controls, and any other component of the larger HVAC system.

(5) Electrical ‘‘Smart’’ Strips/Surge Protectors—Includes power strips that detect activity in the attached equipment and cut power during periods of inactivity.

(6) Gas or Propane Tankless Water Heaters up to 200,000 BTUs—Does not apply to electric tankless water heaters, which are widely manufactured in the United States.

(7) Fully-Enclosed Continuous Composting Systems—Includes multi-zone, continuous loading, odor and moisture controlled composter with leachate recirculation and in-situ mixing capabilities.

De Minimis Public Interest Waiver Pursuant to the above-referenced delegation the Assistant Secretary, EERE, determined that application of section 1605 restrictions would be inconsistent with the public interest for incidental items that comprise in total a de minimis amount of the total cost of the iron, steel and manufactured goods used in the project; that is, any such incidental items up to a limit of no more than 5 percent of the total cost of the iron, steel, and manufactured goods used in and incorporated into a project.

Recovery Act projects funded by EERE typically involve the use of literally thousands of miscellaneous, generally low-cost items that are essential for, but incidental to, the construction, alteration, maintenance or repair of a public building or public work and are incorporated into the physical structure of the project, such as nuts, bolts, wires, cables, switches, etc.

For many of these incidental items, the

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35449 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Notices country of manufacture and the availability of alternatives are not always readily or reasonably identifiable in the normal course of business. More importantly, the miscellaneous character of these items, together with their low cost (both individually and when procured in bulk), characterize them as incidental to the project.

The Assistant Secretary, EERE, determined that there is a compelling case for adopting a de minimis waiver for recipients of EERE Recovery Act funding. The EERE waiver is 5 percent of the total iron, steel, and manufactured goods as opposed to the total materials cost.

Issuing the waiver will help EERE grantees avoid unnecessary delays in carrying out the Recovery Act.

Requiring individual waivers for incidental items would be time prohibitive and overly burdensome for both applicants and for EERE.

Therefore, a nationwide limited de minimis waiver of incidental items up to a limit of no more than 5 percent of the total cost of the iron, steel and manufactured goods used in and incorporated into a project is justified in the public interest.

This SUPPLEMENTARY INFORMATION constitutes the detailed written justification required by section 1605(c) for waivers based on a finding under subsection (b).

The waiver determination is pursuant to the delegation of authority by the Secretary of Energy to the Assistant Secretary for EERE with respect to EERE Recovery Act-funded projects.

Consequently, the waiver applies to EERE projects carried out under the Recovery Act. The Assistant Secretary reserves the right to revisit and amend the determinations based on new developments or new information.

Authority: Pub. L. 111–5, section 1605.

Dated: June 16, 2010.

Cathy Zoi, Assistant Secretary for Energy Efficiency and Renewable Energy.

[FR Doc. 2010–15030 Filed 6–21–10; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

June 14, 2010.

Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

Docket Numbers: RP10–836–000.

Applicants: Wyoming Interstate Company, LLC.

Description: Wyoming Interstate Company, LLC submits tariff filing per 154.204: Tariff Update to be effective 6/ 1/2010.

Filed Date: 06/10/2010.

Accession Number: 20100610–5075.

Comment Date: 5 p.m. Eastern Time on Tuesday, June 22, 2010.

Docket Numbers: RP10–837–000.

Applicants: Dominion Transmission, Inc.

Description: Dominion Transmission, Inc. submits tariff filing per 154.203:

DTI 6–11–10 Operational Gas Sales Report to be effective N/A.

Filed Date: 06/11/2010.

Accession Number: 20100611–5016.

Comment Date: 5 p.m. Eastern Time on Wednesday, June 23, 2010.

Docket Numbers: RP10–838–000.

Applicants: Gulfstream Natural Gas

System, LLC.

Description: Gulfstream Natural Gas

System, LLC submits Second Revised Sheet No 8A to FERC Gas Tariff, Original Volume No. 1, to be effective 6/1/10.

Filed Date: 06/10/2010.

Accession Number: 20100611–0201.

Comment Date: 5 p.m. Eastern Time on Tuesday, June 22, 2010.

Docket Numbers: RP10–839–000.

Applicants: Rockies Express Pipeline

LLC.

Description: Rockies Express Pipeline

LLC submits tariff filing per 154.203:

Baseline to be effective 6/11/2010.

Filed Date: 06/11/2010.

Accession Number: 20100611–5028.

Comment Date: 5 p.m. Eastern Time on Wednesday, June 23, 2010.

Docket Numbers: RP10–840–000.

Applicants: Northern Natural Gas

Company.

Description: Northern Natural Gas

Company submits Fifth Revised Sheet No. 80B to FERC Gas Tariff, Fifth Revised Volume No. 1, to be effective 7/12/10.

Filed Date: 06/11/2010.

Accession Number: 20100611–0210.

Comment Date: 5 p.m. Eastern Time on Wednesday, June 23, 2010.

Docket Numbers: RP10–841–000.

Applicants: Northern Natural Gas

Company.

Description: Northern Natural Gas

Company submits First Revised Sheet No 55A et al. to FERC Gas Tariff, Fifth Revised Volume No. 1, to be effective 7/12/10.

Filed Date: 06/11/2010.

Accession Number: 20100611–0209.

Comment Date: 5 p.m. Eastern Time on Wednesday, June 23, 2010.

Docket Numbers: RP10–842–000.

Applicants: Florida Gas Transmission Company, LLC.

Description: Florida Gas Transmission Company, LLC’s Third Revised Sheet No. 2 et al. to FERC Gas Tariff, Fourth Revised Volume No. 1, to be effective 7/12/10.

Filed Date: 06/11/2010.

Accession Number: 20100611–0208.

Comment Date: 5 p.m. Eastern Time on Wednesday, June 23, 2010.

Docket Numbers: RP10–843–000.

Applicants: Tennessee Gas Pipeline

Company.

Description: Tennessee Gas Pipeline

Company submits tariff filing per 154.203: Amend Baseline to be effective 4/19/2010.

Filed Date: 06/11/2010.

Accession Number: 20100611–5035.

Comment Date: 5 p.m. Eastern Time on Wednesday, June 23, 2010.

Docket Numbers: RP10–844–000.

Applicants: Alliance Pipeline LP.

Description: Petition of Alliance

Pipeline LP for a Limited Waiver of Tariff Provisions.

Filed Date: 06/11/2010.

Accession Number: 20100611–5081.

Comment Date: 5 p.m. Eastern Time on Wednesday, June 23, 2010.

Docket Numbers: RP10–845–000.

Applicants: Saltville Gas Storage

Company LLC.

Description: Saltville Gas Storage

Company LLC submits the baseline tariff filing, FERC Gas Tariff, First Revised Volume 1, per 154.203, to be effective 6/14/2010.

Filed Date: 06/14/2010.

Accession Number: 20100614–5020.

Comment Date: 5 p.m. Eastern Time on Monday, June 28, 2010.

Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding.

Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant.

The Commission encourages electronic submission of protests and

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34563 Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Notices

1 Note that a similar Buy America non-availability waiver was issued on June 22, 2010 by the U.S.

Department of Energy (DOE) for the same VRF HVAC system. 75 FR 35447. According to MetroLINK, the U.S. DOE’s determination of inapplicability (U.S. DOE’s Buy America waiver for non-availability) of the American Reinvestment and Recovery Act of 2009 to the same VRF HVAC system indicates the continued non-availability of this product.

Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended;

and 49 CFR 1.48.

Issued On: June 11, 2014.

Michael Howell, Information Collection Officer.

[FR Doc. 2014–14099 Filed 6–16–14; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA–2013–0034]

Notice of Buy America Waiver for a Variable Refrigerant Flow HVAC System

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America waiver.

SUMMARY: In response to the Rock Island County Metropolitan Mass Transit District’s (MetroLINK) request for a Buy America waiver for a Variable Refrigerant Flow (VRF) HVAC system, the Federal Transit Administration (FTA) hereby waives its Buy America requirements for the VRF HVAC system to be installed in MetroLINK’s Rock Island Transfer Station. This waiver is limited to a single procurement for the VRF HVAC system for the Rock Island Transfer Station project, an FTA-funded project.

DATES: This waiver is effective immediately.

FOR FURTHER INFORMATION CONTACT:

Mary J. Lee, FTA Attorney-Advisor, at

(202) 366–0985 or mary.j.lee@dot.gov.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce that FTA has granted a non-availability waiver for MetroLINK’s procurement of a VRF HVAC system for its Rock Island Transfer Station.

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). A manufactured product is considered produced in the United States if: (1) All of the manufacturing processes for the product must take place in the United States;

and (2) All of the components of the product must be of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). 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).

On February 18, 2014, FTA published a notice in the Federal Register requesting comments on MetroLINK’s request for a non-availability waiver for a VRF HVAC system that will be installed into its passenger transfer facility in Rock Island, Illinois, the Rock Island Transfer Station. 79 FR 9313.

FTA selected this project for award of fiscal year 2011 funding made available pursuant to the Bus and Bus Facilities Program (49 U.S.C. 5309(b)) in support of U.S. Department of Transportation’s (DOT) Livability Initiative and the Partnership for Sustainable Communities between the U.S. DOT, the U.S. Department of Housing and Urban Development, and the U.S.

Environmental Protection Agency (Bus Livability Program). Among other things, FTA selected each project for the Bus Livability Program based upon whether it would promote a more environmentally sustainable transportation system. 76 FR 37393, 37397 (June 27, 2011); see also 76 FR 68813 (Nov. 7, 2011). More specifically, FTA assessed the project’s ability to ‘‘maintain, protect or enhance the environment, as evidenced by environmentally friendly policies and practices utilized in the project design, construction, and operation that exceed the requirements of the National Environmental Policy Act including items such as whether the project uses a [U.S. Green Building Council] Leadership in Energy and Environmental Design (LEED)-certified design. . . .’’ 76 FR at 37397.

MetroLINK’s Rock Island Transfer Station is expected to be LEED-certified and will incorporate a number of sustainable and energy efficient elements. One such element is a VRF HVAC system that, among other things, is space saving, has invertor technology, efficiency, and a non-ozone depleting refrigerant that domestic manufacturers of HVAC systems do not provide.

MetroLINK stated in its request that this VRF HVAC system is critical in obtaining the LEED points necessary to achieve the Silver certification (or better) that it is seeking. Thus, MetroLINK specified the brands ‘‘Daikin AC’’ and ‘‘Mitsubishi,’’ or approved equal, but MetroLINK has been unable to identify a domestic manufacturer of the VRF HVAC system that meets its specifications.

The comment period closed on March 4, 2014, but FTA took into consideration the one comment it received from Mitsubishi Electric US, Inc. on March 7, 2014. This commenter supports a waiver and reiterated the non-availability of this type of HVAC system in the United States and the advantages of such a system.

Based upon MetroLINK’s assertions that it is unable to procure a U.S.-manufactured VRF HVAC system, which is critical in obtaining the LEED points necessary to achieve the Silver certification (or better) that it is seeking, and the comment on the advantages of a VRF HVAC system, FTA hereby waives its Buy America requirement for manufactured products under 49 CFR 661.5(d) for the VRF HVAC system.1 This waiver is limited to a single procurement for the VRF HVAC system for the Rock Island Transfer Station project.

Dana C. Nifosi, Deputy Chief Counsel.

[FR Doc. 2014–14087 Filed 6–16–14; 8:45 am]

BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Notice To Rescind Notice of Intent To Prepare an Environmental Impact Statement (EIS) on Central Broward East-West Transit Analysis in Broward County, FL

AGENCY: Federal Transit Administration, DOT.

ACTION: Rescind Notice of Intent to Prepare an Environmental Impact Statement.

SUMMARY: The Federal Transit Administration (FTA), in cooperation with the Florida Department of Transportation (FDOT), is issuing this notice to advise the public that the Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the proposed public transportation improvement project in Broward County, Florida is being rescinded.

FOR FURTHER INFORMATION CONTACT: Mr.

Andres Ramirez, General Engineer, Federal Transit Administration Region IV, 230 Peachtree Street NW., Atlanta, GA 30303, phone 404–865–5611, email andres.ramirez@dot.gov.

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