80 FR 62154 - Buy America Waiver Notification
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 80, Issue 199 (October 15, 2015)
Federal Highway Administration
Federal Register Volume 80, Issue 199 (October 15, 2015)
| Page Range | 62154-62155 | |
| FR Document | 2015-26189 |
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)] [Notices] [Pages 62154-62155] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26189] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic Voith 21/R5 propulsion units for ferry boat Pocahontas' propulsion unit replacement by Virginia DOT. DATES: The effective date of the waiver is October 16, 2015. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366-1562, or via email at [email protected]. For legal questions, please contact Mr. Jomar Maldonado, FHWA Office of the Chief Counsel, (202) 366-1373, or via email at [email protected]. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be downloaded from the Federal Register's home page at: http://www.archives.gov and the Government Printing Office's database at: http://www.access.thefederalregister.org/nara. [[Page 62155]] Background The FHWA's Buy America policy in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available. This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for use of non-domestic Voith 21/R5 propulsion units to replace the existing propulsion units, Voith 24/65, which have reached the end of their useful life. In accordance with Division K, section 122 of the ``Consolidated and Further Continuing Appropriations Act, 2015'' (Pub. L. 113-235), FHWA published a notice of intent to issue a waiver on its Web site (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=112) on August 18. The FHWA received no comments in response to the publication. During the 15-day comment period, FHWA conducted an additional review to locate potential domestic manufacturers of propulsion units that are equivalent to Voith 21/R5 units. Based on all the information available to the agency, FHWA concludes that there are no domestic manufacturers of propulsion units that are equivalent to Voith 21/R5 units. In accordance with the provisions of section 117 of the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to FHWA's Web site via the link provided to the waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410) Issued on: October 6, 2015. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2015-26189 Filed 10-14-15; 8:45 am] BILLING CODE 4910-22-P
![62154 Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
• Fish and Wildlife Coordination Act, Parklands when making its decision on the
16 U.S.C. 661–667d • Section 4(f) of the Department of proposed MOU revision. Any final
• Migratory Bird Treaty Act, 16 U.S.C. Transportation Act of 1966, 49 U.S.C. MOU approved by FHWA may include
703–712 303 changes based on comments and
• Magnuson-Stevens Fishery consultations relating to the proposed
• Land and Water Conservation Fund
Conservation and Management Act of MOU and will be made publicly
(LWCF) Act, 54 U.S.C. 200302–
1976, as amended, 16 U.S.C. 180l– available.
200310
1891d et seq., with Essential Fish
(Catalog of Federal Domestic Assistance
Habitat requirements at 1855(b)(2) FHWA-Specific Program Number 20.205, Highway Planning
Hazardous Materials Management • Planning and Environmental and Construction. The regulations
Linkages, 23 U.S.C. 168, with the implementing Executive Order 12372
• Comprehensive Environmental regarding intergovernmental consultation on
exception of those FHWA
Response, Compensation, and Federal programs and activities apply to this
responsibilities associated with 23
Liability Act (CERCLA) 42 U.S.C. program.)
U.S.C. 134 and 135
9601–9675
• Superfund Amendments and • Programmatic Mitigation Plans, 23 Authority: 23 U.S.C. 327; 42 U.S.C. 4331,
U.S.C. 169 with the exception of those 4332; 23 CFR 771.117; 40 CFR 1507.3,
Reauthorization Act (SARA), 42 1508.4.
U.S.C. 9671–9675 FHWA responsibilities associated
• Resource Conservation and Recovery with 23 U.S.C. 134 and 135 Issued on: October 6, 2015.
Act (RCRA), 42 U.S.C. 6901–6992k Gregory G. Nadeau,
Executive Orders Relating to Highway
Projects Administrator, Federal Highway
Historic and Cultural Resources Administration.
• Section 106 of the National Historic • E.O. 11990, Protection of Wetlands [FR Doc. 2015–26192 Filed 10–14–15; 8:45 am]
Preservation Act of 1966, as amended, • E.O. 11988, Floodplain Management BILLING CODE 4910–22–P
54 U.S.C. 306101 et seq. • E.O. 13690, Federal Flood Risk
• 23 U.S.C. 138 and Section 4(f) of the Management Standard (FFRMS)
Department of Transportation Act of • E.O. 12898, Federal Actions to DEPARTMENT OF TRANSPORTATION
1966, 49 U.S.C. 303 and Address Environmental Justice in
implementing regulations at 23 CFR Minority Populations and Low Federal Highway Administration
part 774 Income Populations
• Archeological Resources Protection • E.O. 13112, Invasive Species Buy America Waiver Notification
Act of 1979, 16 U.S.C. 470aa–470mm The MOU would allow ODOT to act
• Title 54, Chapter 31—Preservation of in the place of FHWA in carrying out AGENCY:Federal Highway
Historical and Archeological Data, 54 the environmental review-related Administration (FHWA), DOT.
U.S.C. 312501–312508 functions described above, except with ACTION: Notice.
• Native American Grave Protection respect to government-to-government
and Repatriation Act (NAGPRA), 25 consultations with federally recognized SUMMARY: This notice provides
U.S.C. 3001–30131; 18 U.S.C. 1170 Indian tribes. The FHWA will retain information regarding FHWA’s finding
responsibility for conducting formal that a Buy America waiver is
Social and Economic Impacts
government-to-government consultation appropriate for the use of non-domestic
• American Indian Religious Freedom with federally recognized Indian tribes, Voith 21/R5 propulsion units for ferry
Act, 42 U.S.C. 1996 which is required under some of the boat Pocahontas’ propulsion unit
• Farmland Protection Policy Act listed laws and executive orders. The replacement by Virginia DOT.
(FPPA), 7 U.S.C. 4201–4209 ODOT will continue to handle routine
consultations with the tribes and DATES: The effective date of the waiver
Water Resources and Wetlands
understands that a tribe has the right to is October 16, 2015.
• Clean Water Act, 33 U.S.C. 1251– direct consultation with FHWA upon
1377— Section 404, Section 401, FOR FURTHER INFORMATION CONTACT: For
request. The ODOT also may assist questions about this notice, please
Section 319 FHWA with formal consultations, with
• Coastal Barrier Resources Act, 16 contact Mr. Gerald Yakowenko, FHWA
consent of a tribe, but FHWA remains Office of Program Administration, (202)
U.S.C. 3501–3510
responsible for the consultation. The
• Coastal Zone Management Act, 16 366–1562, or via email at
ODOT also will not assume FHWA’s gerald.yakowenko@dot.gov. For legal
U.S.C. 1451–1465
• Safe Drinking Water Act (SDWA), 42 responsibilities for conformity questions, please contact Mr. Jomar
U.S.C. 300f–300j–26 determinations required under Section Maldonado, FHWA Office of the Chief
• General Bridge Act of 1946, 33 U.S.C. 176 of the Clean Air Act (42 U.S.C. Counsel, (202) 366–1373, or via email at
525–533 7506) or any responsibility under 23 Jomar.Maldonado@dot.gov. Office hours
• Rivers and Harbors Act of 1899, 33 U.S.C. 134 or 135, or under 49 U.S.C. for the FHWA are from 8:00 a.m. to 4:30
U.S.C. 401–406 5303 or 5304. p.m., E.T., Monday through Friday,
• Wild and Scenic Rivers Act, 16 U.S.C. A copy of the proposed MOU may be except Federal holidays.
1271–1287 viewed on the DOT DMS Docket, as
SUPPLEMENTARY INFORMATION:
• Emergency Wetlands Resources Act, described above, or may be obtained by
mstockstill on DSK4VPTVN1PROD with NOTICES
16 U.S.C. 3901 and 3921 contacting the FHWA or the State at the Electronic Access
• Wetlands Mitigation, 23 U.S.C. 119(g) addresses provided above. A copy also
and 133(b)(l4) may be viewed on ODOT’s Web site at An electronic copy of this document
• FHWA wetland and natural habitat http://www.dot.state.oh.us/NEPA- may be downloaded from the Federal
mitigation regulations, 23 CFR part Assignment/Pages/default.aspx. Register’s home page at: http://
777 The FHWA Ohio Division, in www.archives.gov and the Government
• Flood Disaster Protection Act, 42 consultation with FHWA Headquarters, Printing Office’s database at: http://
U.S.C. 4001–4130 will consider the comments submitted www.access.gpo.gov/nara.
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![Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices 62155
Background DEPARTMENT OF TRANSPORTATION 2015’’ (Pub. L. 113–235), FHWA
published a notice of intent to issue a
The FHWA’s Buy America policy in Federal Highway Administration waiver on its Web site (http://
23 CFR 635.410 requires a domestic www.fhwa.dot.gov/construction/
manufacturing process for any steel or Buy America Waiver Notification contracts/waivers.cfm?id=110) on July
iron products (including protective AGENCY: Federal Highway 20. The FHWA received no comments
coatings) that are permanently Administration (FHWA), DOT. in response to the publication. During
incorporated in a Federal-aid the 15-day comment period, FHWA
ACTION: Notice.
construction project. The regulation also conducted an additional review to
provides for a waiver of the Buy SUMMARY: This notice provides locate potential domestic manufacturers
America requirements when the information regarding FHWA’s finding of motor and machinery brakes that
application would be inconsistent with that a Buy America waiver is meet AASHTO and Florida DOT
the public interest or when satisfactory appropriate for the use of non-domestic standards. Based on all the information
quality domestic steel and iron products motor and machinery brakes for a available to the agency, FHWA
are not sufficiently available. This moveable bridge in the State of Florida. concludes that there are no domestic
notice provides information regarding DATES: The effective date of the waiver
manufacturers of motor and machinery
FHWA’s finding that a Buy America is October 16, 2015. brakes that meet the specifications.
In accordance with the provisions of
waiver is appropriate for use of non- FOR FURTHER INFORMATION CONTACT: For section 117 of the SAFETEA–LU
domestic Voith 21/R5 propulsion units questions about this notice, please Technical Corrections Act of 2008 (Pub.
to replace the existing propulsion units, contact Mr. Gerald Yakowenko, FHWA L. 110–244, 122 Stat. 1572), FHWA is
Voith 24/65, which have reached the Office of Program Administration, (202) providing this notice as its finding that
end of their useful life. 366–1562, or via email at a waiver of Buy America requirements
In accordance with Division K, gerald.yakowenko@dot.gov. For legal is appropriate. The FHWA invites
questions, please contact Mr. Jomar public comment on this finding for an
section 122 of the ‘‘Consolidated and
Maldonado, FHWA Office of the Chief additional 15 days following the
Further Continuing Appropriations Act,
Counsel, (202) 366–1373, or via email at effective date of the finding. Comments
2015’’ (Pub. L. 113–235), FHWA
Jomar.Maldonado@dot.gov. Office hours may be submitted to FHWA’s Web site
published a notice of intent to issue a for the FHWA are from 8:00 a.m. to 4:30
waiver on its Web site (http:// via the link provided to the waiver page
p.m., E.T., Monday through Friday, noted above.
www.fhwa.dot.gov/construction/ except Federal holidays.
contracts/waivers.cfm?id=112) on (Authority: 23 U.S.C. 313; Pub. L. 110–161,
SUPPLEMENTARY INFORMATION: 23 CFR 635.410).
August 18. The FHWA received no
comments in response to the Electronic Access Issued on: October 6, 2015.
publication. During the 15-day comment An electronic copy of this document Gregory G. Nadeau,
period, FHWA conducted an additional may be downloaded from the Federal Administrator, Federal Highway
review to locate potential domestic Register’s home page at: http:// Administration.
manufacturers of propulsion units that www.archives.gov and the Government [FR Doc. 2015–26190 Filed 10–14–15; 8:45 am]
are equivalent to Voith 21/R5 units. Printing Office’s database at: http:// BILLING CODE 4910–22–P
Based on all the information available to www.access.gpo.gov/nara.
the agency, FHWA concludes that there Background
are no domestic manufacturers of DEPARTMENT OF TRANSPORTATION
propulsion units that are equivalent to The FHWA’s Buy America policy in
Voith 21/R5 units. 23 CFR 635.410 requires a domestic Federal Motor Carrier Safety
manufacturing process for any steel or Administration
In accordance with the provisions of iron products (including protective
section 117 of the SAFETEA–LU [Docket No. FMCSA–2015–0069]
coatings) that are permanently
Technical Corrections Act of 2008 (Pub. incorporated in a Federal-aid Qualification of Drivers; Exemption
L. 110–244, 122 Stat. 1572), FHWA is construction project. The regulation also Applications; Diabetes Mellitus
providing this notice as its finding that provides for a waiver of the Buy
a waiver of Buy America requirements America requirements when the AGENCY: Federal Motor Carrier Safety
is appropriate. The FHWA invites application would be inconsistent with Administration (FMCSA).
public comment on this finding for an the public interest or when satisfactory ACTION: Notice of applications for
additional 15 days following the quality domestic steel and iron products exemptions; request for comments.
effective date of the finding. Comments are not sufficiently available. This
SUMMARY: FMCSA announces receipt of
may be submitted to FHWA’s Web site notice provides information regarding
applications from 41 individuals for
via the link provided to the waiver page FHWA’s finding that a Buy America
exemption from the prohibition against
noted above. waiver is appropriate for use of non-
persons with insulin-treated diabetes
domestic motor and machinery brakes
Authority: 23 U.S.C. 313; Pub. L. 110–161, mellitus (ITDM) operating commercial
that meet American Association of State
23 CFR 635.410) motor vehicles (CMVs) in interstate
Highway Transportation Officials
commerce. If granted, the exemptions
mstockstill on DSK4VPTVN1PROD with NOTICES
Issued on: October 6, 2015. (AASHTO) Moveable Highway Bridge
would enable these individuals with
Gregory G. Nadeau, Design Specifications and Florida DOT
ITDM to operate CMVs in interstate
Administrator, Federal Highway Structures Design Guidelines for the
commerce.
Administration. Flagler Memorial Bridge Replacement
Project, Palm Beach County, Florida. DATES: Comments must be received on
[FR Doc. 2015–26189 Filed 10–14–15; 8:45 am]
In accordance with Division K, or before November 16, 2015.
BILLING CODE 4910–22–P
section 122 of the ‘‘Consolidated and ADDRESSES: You may submit comments
Further Continuing Appropriations Act, bearing the Federal Docket Management
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Document Created: 2018-02-27 08:52:32
Document Modified: 2018-02-27 08:52:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The effective date of the waiver is October 16, 2015. | |
| Contact | For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366-1562, or via email at [email protected] For legal questions, please contact Mr. Jomar Maldonado, FHWA Office of the Chief Counsel, (202) 366-1373, or via email at [email protected] Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 62154 |
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