80 FR 64490 - Buy America Waiver Notification
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 80, Issue 205 (October 23, 2015)
Federal Highway Administration
Federal Register Volume 80, Issue 205 (October 23, 2015)
| Page Range | 64490-64490 | |
| FR Document | 2015-27027 |
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)] [Notices] [Page 64490] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27027] ----------------------------------------------------------------------- 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 fabrication of cable mesh for 8'-0'' high oxidized stainless steel cable net safety fence on Interstate 5, MP 28.7 in San Diego, California. DATES: The effective date of the waiver is October 26, 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. 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 fabrication process to convert the stainless steel products into safety cable mesh. The stainless steel product for the cable mesh is produced domestically in the United States. However, there is no domestic manufacturer capable of fabricating the stainless steel products into safety cable mesh. 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=113) on September 9th. The FHWA received no comments in response to the publication. Based on all the information available to the agency, FHWA concludes that there are no domestic manufacturers capable of fabricating the safety cable mesh. 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 16, 2015. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2015-27027 Filed 10-22-15; 8:45 am] BILLING CODE 4910-22-P
![64490 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices
200,000 or more that have an AADTT of by State at: http://ops.fhwa.dot.gov/ www.archives.gov and the Government
8,500 trucks/day or more.4 Connected freight/infrastructure/nfn/index.htm. Printing Office’s database at: http://
segments to the network established in This final highway-only PFN, which www.access.gpo.gov/nara.
Steps 1 and 2 if they were equal to or is unchanged from the draft released in
greater than one-tenth of the length of November 2013, attempts to reflect the Background
the nearest qualifying segment on the many criteria established in MAP–21 The FHWA’s Buy America policy in
highway-only PFN. Removed segments while also complying with the mileage 23 CFR 635.410 requires a domestic
not meeting this rule as they were more cap. As a result, the highway-only PFN manufacturing process for any steel or
likely to represent discrete local truck results in an unconnected network with iron products (including protective
movement unrelated to the national major gaps in the system, including coatings) that are permanently
system. components of the global and domestic incorporated in a Federal-aid
(6) Analyzed the network to supply chains. Therefore, DOT is construction project. The regulation also
determine the relationship to concurrently and simultaneously provides for a waiver of the Buy
population centers, origins and developing an MFN as part of the America requirements when the
destinations, ports, river terminals, National Freight Strategic Plan that application would be inconsistent with
airports, and rail yards and added minor better represents the complex the public interest or when satisfactory
network connectivity adjustments. multimodal freight system in the U.S.
(7) Analyzed the road systems in quality domestic steel and iron products
and has proposed the GROW AMERICA are not sufficiently available. This
Alaska, Hawaii, and Puerto Rico using legislation that is responsive to the
HPMS data. These routes would not notice provides information regarding
many public comments outlined in this FHWA’s finding that a Buy America
otherwise qualify under a connected notice.
network model but play a critical role in waiver is appropriate for use of non-
the movement of products from the Authority: 23 U.S.C. 167; 49 CFR 1.85. domestic fabrication process to convert
agriculture and energy sectors, as well Issued on: October 15, 2015. the stainless steel products into safety
as international import/export functions Gregory G. Nadeau, cable mesh. The stainless steel product
for their States and urban areas and for the cable mesh is produced
FHWA Administrator.
added roads connecting key seaports to domestically in the United States.
[FR Doc. 2015–27036 Filed 10–22–15; 8:45 am]
population centers. However, there is no domestic
BILLING CODE 4910–22–P
(8) Analyzed the network to manufacturer capable of fabricating the
determine the relationship to energy stainless steel products into safety cable
exploration, development, installation, mesh.
DEPARTMENT OF TRANSPORTATION
or production areas. Since the data In accordance with Division K,
points for the energy sector are scattered Federal Highway Administration section 122 of the ‘‘Consolidated and
around the United States, often in rural Further Continuing Appropriations Act,
areas, and because some of the related Buy America Waiver Notification 2015’’ (Pub. L. 113–235), FHWA
freight may move by barge or other AGENCY: Federal Highway published a notice of intent to issue a
maritime vessel, rail, or even pipeline, Administration (FHWA), DOT. waiver on its Web site (http://
FHWA did not presume a truck freight www.fhwa.dot.gov/construction/
ACTION: Notice.
correlation. contracts/waivers.cfm?id=113) on
(9) Steps 1 through 8 resulted in a SUMMARY: This notice provides September 9th. The FHWA received no
network of 41,518 centerline miles, information regarding FHWA’s finding comments in response to the
including 37,436 centerline miles of that a Buy America waiver is publication. Based on all the
Interstate and 4,082 centerline miles of appropriate for the use of non-domestic information available to the agency,
non-Interstate roads.5 In order to obtain fabrication of cable mesh for 8′–0″ high FHWA concludes that there are no
the 27,000 centerline miles, FHWA oxidized stainless steel cable net safety domestic manufacturers capable of
identified those segments with the fence on Interstate 5, MP 28.7 in San fabricating the safety cable mesh.
highest AADTT. These road segments Diego, California. In accordance with the provisions of
represented on the final highway-only DATES: The effective date of the waiver section 117 of the SAFETEA–LU
PFN map comprise 26,966 miles of is October 26, 2015. Technical Corrections Act of 2008 (Pub.
centerline roads. L. 110–244, 122 Stat. 1572), FHWA is
FOR FURTHER INFORMATION CONTACT: For
Final Highway-Only Primary Freight questions about this notice, please providing this notice as its finding that
Network Map contact Mr. Gerald Yakowenko, FHWA a waiver of Buy America requirements
The FHWA has posted the details of Office of Program Administration, (202) is appropriate. The FHWA invites
the final initial highway-only PFN, 366–1562, or via email at public comment on this finding for an
including the 26,966-mile highway-only gerald.yakowenko@dot.gov. For legal additional 15 days following the
PFN map, State maps, and lists of questions, please contact Mr. Jomar effective date of the finding. Comments
designated routes and tables of mileage Maldonado, FHWA Office of the Chief may be submitted to FHWA’s Web site
Counsel, (202) 366–1373, or via email at via the link provided to the waiver page
4 Ibid. Jomar.Maldonado@dot.gov. Office hours noted above.
5 Readers should note the 2011 HPMS database for the FHWA are from 8:00 a.m. to 4:30 Authority: 23 U.S.C. 313; Pub. L. 110–161,
and the current FAF database differ in the
mstockstill on DSK4VPTVN1PROD with NOTICES
p.m., E.T., Monday through Friday, 23 CFR 635.410.
delineation and exact geo-location of the NHS
system. This may result in plus/minus 1–2%
except Federal holidays.
Issued on: October 16, 2015.
variation on the total mileage because the mileage SUPPLEMENTARY INFORMATION:
is based on the geospatial network and actual Gregory G. Nadeau,
mileage reported by States may vary due to vertical Electronic Access Administrator, Federal Highway
and horizontal curves that are not always accurate Administration.
in GIS databases. The DOT will look to integrate the
An electronic copy of this document
may be downloaded from the Federal [FR Doc. 2015–27027 Filed 10–22–15; 8:45 am]
2011 HPMS database with the FAF database to
reduce variation in future iterations. Register’s home page at: http:// BILLING CODE 4910–22–P
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Document Created: 2015-12-14 15:32:35
Document Modified: 2015-12-14 15:32:35
| 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 26, 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 64490 |
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