80_FR_75934 80 FR 75702 - Buy America Waiver Notification

80 FR 75702 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 80, Issue 232 (December 3, 2015)

Page Range75702-75703
FR Document2015-30601

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the obligation of Federal-aid funds for 74 State projects involving the acquisition of vehicles and equipment on the condition that they be assembled in the U.S.

Federal Register, Volume 80 Issue 232 (Thursday, December 3, 2015) 
[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)]
[Notices]
[Pages 75702-75703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30601]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: This notice provides information regarding FHWA's finding that 
a Buy America waiver is appropriate for the obligation of Federal-aid 
funds for 74 State projects involving the acquisition of vehicles and 
equipment on the condition that they be assembled in the U.S.

DATES: The effective date of the waiver is December 4, 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

    This notice provides information regarding FHWA's finding that a 
Buy America waiver is appropriate for the obligation of Federal-aid 
funds for 74 State projects involving the acquisition of vehicles 
(including sedans, vans, pickups, trucks, buses, and street sweepers) 
and equipment (such as Bridge snooper truck and trail grooming 
equipment) on the condition that they be assembled in the U.S. The 
waiver would apply to approximately 547 vehicles. The requests, 
available at http://www.fhwa.dot.gov/construction/contracts/cmaq151006.cfm, are incorporated by reference into this notice. These 
projects are being undertaken to implement air quality improvement, 
safety, and mobility goals under FHWA's Congestion Mitigation and Air 
Quality Improvement Program; National Bridge and Tunnel Inventory and 
Inspection Program; and the Recreational Trails Program.
    Title 23, Code of Federal Regulations, section 635.410 requires 
that steel or iron materials (including protective coatings) that will 
be permanently incorporated in a Federal-aid project must be 
manufactured in the U.S. For FHWA, this means that all the processes 
that modified the chemical content, physical shape or size, or final 
finish of the material (from initial melting and mixing, continuing 
through the bending and coating) occurred in the U.S. The statute and 
regulations create a process for granting waivers from the Buy America 
requirements when its application would be inconsistent with the public 
interest or when satisfactory quality domestic steel and iron products 
are not sufficiently available. In 1983, FHWA determined that it was 
both in the public interest and consistent with the legislative intent 
to waive Buy America for manufactured products other than steel 
manufactured products. However, FHWA's national waiver for manufactured 
products does not apply to the requests in this notice because they 
involve predominately steel and iron manufactured products. The FHWA's 
Buy America requirements do not have special provisions for applying 
Buy America to ``rolling stock'' such as vehicles or vehicle components 
(see 49 U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and 49 U.S.C. 
24405(a)(2)(C) for examples of Buy America rolling stock provisions for 
other DOT agencies).
    Based on all the information available to the agency, FHWA 
concludes that there are no domestic manufacturers that produce the 
vehicles and vehicle components identified in this notice in such a way 
that their steel and iron elements are manufactured domestically. The 
FHWA's Buy America requirements were tailored to the types of products 
that are typically used in highway construction, which generally meet 
the requirement that steel and iron materials be manufactured 
domestically. In today's global industry, vehicles are assembled with 
iron and steel components that are manufactured all over the world. The 
FHWA is not aware of any domestically produced vehicle on the market 
that meets FHWA's Buy America requirement to have all its iron and 
steel be manufactured exclusively in the U.S. For example, the 
Chevrolet Volt, which was identified by many commenters in a November 
21, 2011, Federal Register Notice (76 FR 72027) as a car that is made 
in the U.S., is comprised of only 45 percent of U.S. and Canadian 
content according to the National Highway Traffic Safety 
Administration's Part 583 American Automobile Labeling Act Report Web 
page (http://www.nhtsa.gov/Laws+&+Regulations/Part+583+American+Automobile+Labeling+Act+(AALA)+Reports). Moreover, 
there is no indication of how much of this 45 percent content is U.S.-
manufactured (from initial melting and mixing) iron and steel content.
    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 at 
http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=115 on 
October 6, 2015. The FHWA received no comments in response to the 
publication.
    Based on FHWA's conclusion that there are no domestic manufacturers 
that can produce the vehicles and equipment identified in this notice 
in such a way that steel and iron materials are manufactured 
domestically, and after consideration of the comments received, FHWA 
finds that application of FHWA's Buy America requirements to these 
products is inconsistent with the public interest (23 U.S.C. 313(b)(1) 
and 23 CFR 635.410(c)(2)(i)). However, FHWA believes that it is in the 
public interest and consistent with the Buy America requirements to 
impose the condition that the vehicles and the vehicle components be 
assembled in the

[[Page 75703]]

U.S. Requiring final assembly to be performed in the U.S. is consistent 
with past guidance to FHWA Division Offices on manufactured products 
(see Memorandum on Buy America Policy Response, Dec. 22, 1997, http://www.fhwa.dot.gov/programadmin/contracts/122297.cfm). A waiver of the 
Buy America requirement without any regard to where the vehicle is 
assembled would diminish the purpose of the Buy America requirement. 
Moreover, in today's economic environment, the Buy America requirement 
is especially significant in that it will ensure that Federal Highway 
Trust Fund dollars are used to support and create jobs in the U.S. This 
approach is similar to the conditional waivers previously given for 
various vehicle projects. Thus, so long as the final assembly of the 74 
State projects occurs in the U.S., applicants to this waiver request 
may proceed to purchase these vehicles and equipment consistent with 
the Buy America requirement.
    In accordance with the provisions of section 117 of the ``Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Technical Corrections Act of 2008'' (Pub. L. 110-244), FHWA 
is providing this notice of its finding that a public interest waiver 
of Buy America requirements is appropriate on the condition that the 
vehicles and equipment identified in the notice be assembled in the 
U.S. 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: November 25, 2015.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2015-30601 Filed 12-2-15; 8:45 am]
BILLING CODE 4910-22-P

75702 Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices West Building Ground Floor at 1200 Electronic Access Buy America rolling stock provisions for New Jersey Avenue SE., Washington, An electronic copy of this document other DOT agencies). DC, between 9 a.m. and 5 p.m., Monday Based on all the information available may be downloaded from the Federal through Friday, except Federal holidays. to the agency, FHWA concludes that Register’s home page at http:// FOR FURTHER INFORMATION CONTACT: there are no domestic manufacturers www.archives.gov and the Government Keira Jones (202) 267–4025, Office of that produce the vehicles and vehicle Printing Office’s database at http:// components identified in this notice in Rulemaking, Federal Aviation www.access.gpo.gov/nara. such a way that their steel and iron Administration, 800 Independence Background elements are manufactured Avenue SW., Washington, DC 20591. This notice provides information domestically. The FHWA’s Buy America This notice is published pursuant to requirements were tailored to the types 14 CFR 11.85. regarding FHWA’s finding that a Buy America waiver is appropriate for the of products that are typically used in Issued in Washington, DC, on November obligation of Federal-aid funds for 74 highway construction, which generally 25, 2015. meet the requirement that steel and iron State projects involving the acquisition Lirio Liu, of vehicles (including sedans, vans, materials be manufactured domestically. Director, Office of Rulemaking. In today’s global industry, vehicles are pickups, trucks, buses, and street assembled with iron and steel Petition for Exemption sweepers) and equipment (such as components that are manufactured all Bridge snooper truck and trail grooming Docket No.: FAA–2015–3898. over the world. The FHWA is not aware equipment) on the condition that they Petitioner: Cargo Airlines Limited. of any domestically produced vehicle be assembled in the U.S. The waiver Section(s) of 14 CFR Affected: on the market that meets FHWA’s Buy would apply to approximately 547 § 61.77(a). America requirement to have all its iron vehicles. The requests, available at and steel be manufactured exclusively Description of Relief Sought: Cargo http://www.fhwa.dot.gov/construction/ in the U.S. For example, the Chevrolet Airlines Limited (CAL) requests relief to contracts/cmaq151006.cfm, are Volt, which was identified by many obtain a special purpose flight incorporated by reference into this commenters in a November 21, 2011, authorization to operate in the U.S. notice. These projects are being Federal Register Notice (76 FR 72027) airspace to demonstrate, accept, and undertaken to implement air quality as a car that is made in the U.S., is ferry two Boeing B747–400F aircraft. improvement, safety, and mobility goals comprised of only 45 percent of U.S. under FHWA’s Congestion Mitigation and Canadian content according to the [FR Doc. 2015–30573 Filed 12–2–15; 8:45 am] and Air Quality Improvement Program; BILLING CODE 4910–13–P National Highway Traffic Safety National Bridge and Tunnel Inventory Administration’s Part 583 American and Inspection Program; and the Automobile Labeling Act Report Web Recreational Trails Program. page (http://www.nhtsa.gov/ DEPARTMENT OF TRANSPORTATION Title 23, Code of Federal Regulations, Laws+&+Regulations/Part Federal Highway Administration section 635.410 requires that steel or +583+American+Automobile iron materials (including protective +Labeling+Act+(AALA)+Reports). Buy America Waiver Notification coatings) that will be permanently Moreover, there is no indication of how incorporated in a Federal-aid project much of this 45 percent content is U.S.- AGENCY: Federal Highway must be manufactured in the U.S. For manufactured (from initial melting and Administration (FHWA), Department of FHWA, this means that all the processes mixing) iron and steel content. Transportation (DOT). that modified the chemical content, In accordance with Division K, ACTION: Notice. physical shape or size, or final finish of section 122 of the ‘‘Consolidated and the material (from initial melting and Further Continuing Appropriations Act, SUMMARY: This notice provides mixing, continuing through the bending 2015’’ (Pub. L. 113–235), FHWA information regarding FHWA’s finding and coating) occurred in the U.S. The published a notice of intent to issue a that a Buy America waiver is statute and regulations create a process waiver on its Web site at http:// appropriate for the obligation of for granting waivers from the Buy www.fhwa.dot.gov/construction/ Federal-aid funds for 74 State projects America requirements when its contracts/waivers.cfm?id=115 on involving the acquisition of vehicles application would be inconsistent with October 6, 2015. The FHWA received no and equipment on the condition that the public interest or when satisfactory comments in response to the they be assembled in the U.S. quality domestic steel and iron products publication. DATES: The effective date of the waiver are not sufficiently available. In 1983, Based on FHWA’s conclusion that is December 4, 2015. FHWA determined that it was both in there are no domestic manufacturers the public interest and consistent with that can produce the vehicles and FOR FURTHER INFORMATION CONTACT: For the legislative intent to waive Buy equipment identified in this notice in questions about this notice, please America for manufactured products such a way that steel and iron materials contact Mr. Gerald Yakowenko, FHWA other than steel manufactured products. are manufactured domestically, and Office of Program Administration, 202– However, FHWA’s national waiver for after consideration of the comments 366–1562, or via email at manufactured products does not apply received, FHWA finds that application gerald.yakowenko@dot.gov. For legal to the requests in this notice because of FHWA’s Buy America requirements questions, please contact Mr. Jomar they involve predominately steel and to these products is inconsistent with Maldonado, FHWA Office of the Chief Lhorne on DSK5TPTVN1PROD with NOTICES iron manufactured products. The the public interest (23 U.S.C. 313(b)(1) Counsel, 202–366–1373, or via email at FHWA’s Buy America requirements do and 23 CFR 635.410(c)(2)(i)). However, jomar.maldonado@dot.gov. Office hours not have special provisions for applying FHWA believes that it is in the public for the FHWA are from 8:00 a.m. to 4:30 Buy America to ‘‘rolling stock’’ such as interest and consistent with the Buy p.m., e.t., Monday through Friday, vehicles or vehicle components (see 49 America requirements to impose the except Federal holidays. U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and condition that the vehicles and the SUPPLEMENTARY INFORMATION: 49 U.S.C. 24405(a)(2)(C) for examples of vehicle components be assembled in the VerDate Sep<11>2014 15:11 Dec 02, 2015 Jkt 238001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1

Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices 75703 U.S. Requiring final assembly to be Register on November 12, 2015, which OMB Control Number: 2900–0002. performed in the U.S. is consistent with contained errors to the title and abstract. Type of Review: Revision of a past guidance to FHWA Division Offices This document corrects these errors by currently approved collection. on manufactured products (see updating the title and abstract and Abstract: VA Form 21P–527EZ—The Memorandum on Buy America Policy making corrections throughout Department of Veterans Affairs (VA), Response, Dec. 22, 1997, http:// FOR FURTHER INFORMATION CONTACT: through its Veterans Benefits www.fhwa.dot.gov/programadmin/ Crystal Rennie, Enterprise Records Administration (VBA), administers an contracts/122297.cfm). A waiver of the Service (005R1B), Department of integrated program of benefits and Buy America requirement without any Veterans Affairs, 810 Vermont Avenue services, established by law, for regard to where the vehicle is assembled NW., Washington, DC 20420, at 202– veterans, service personnel, and their would diminish the purpose of the Buy 632–7492. dependents and/or beneficiaries. Title America requirement. Moreover, in 38 U.S.C. 5101(a) provides that a today’s economic environment, the Buy Correction specific claim in the form provided by America requirement is especially In FR Doc. 2015–28615, published on the Secretary must be filed in order for significant in that it will ensure that November 12, 2015, at 80 FR 70081, benefits to be paid to any individual Federal Highway Trust Fund dollars are make the following correction. On page under the laws administered by the used to support and create jobs in the 70081, in the second and third columns, Secretary. VA Form 21P–527EZ will be U.S. This approach is similar to the the notice should read as follows: the prescribed form for Veterans conditional waivers previously given for [OMB Control No. 2900–0002] Pension applications. various vehicle projects. Thus, so long VA proposes to remove VA Form 21– as the final assembly of the 74 State Agency Information Collection 527EZ, Application for Veterans projects occurs in the U.S., applicants to (Income, Asset and Employment Pension, from OMB control number this waiver request may proceed to Statement and Application for 2900–0747 and have it assigned to OMB purchase these vehicles and equipment Veterans Pension) Activity Under OMB control number 2900–0002 since the consistent with the Buy America Review form has been transferred to Pension & requirement. AGENCY: Veterans Benefits Fiduciary Service (21P). Also, due to the In accordance with the provisions of Administration, Department of Veterans change in business lines, we are section 117 of the ‘‘Safe, Accountable, Affairs. changing the form prefix to 21P. Flexible, Efficient Transportation Equity ACTION: Notice. VA Form 21P–527—This form will be Act: A Legacy for Users, Technical used by Veterans to apply for pension SUMMARY: In compliance with the Corrections Act of 2008’’ (Pub. L. 110– benefits after they have previously 244), FHWA is providing this notice of Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–3521), this notice applied for pension or for service- its finding that a public interest waiver connected disability compensation of Buy America requirements is announces that the Veterans Benefits Administration (VBA), Department of using one of the prescribed forms under appropriate on the condition that the 38 U.S.C 5101(a). A veteran might vehicles and equipment identified in Veterans Affairs, will submit the collection of information abstracted reapply for pension if a previous the notice be assembled in the U.S. The compensation or pension claim was FHWA invites public comment on this below to the Office of Management and Budget (OMB) for review and comment. denied or discontinued, or if the veteran finding for an additional 15 days is receiving compensation and the following the effective date of the The PRA submission describes the nature of the information collection and veteran now believes that pension finding. Comments may be submitted to would be a greater benefit. FHWA’s Web site via the link provided its expected cost and burden; it includes the actual data collection instrument. An agency may not conduct or to the waiver page noted above. sponsor, and a person is not required to DATES: Comments must be submitted on (Authority: 23 U.S.C. 313; Pub. L. 110–161, respond to a collection of information 23 CFR 635.410) or before January 4, 2016. unless it displays a currently valid OMB ADDRESSES: Submit written comments Issued on: November 25, 2015. control number. on the collection of information through Gregory G. Nadeau, www.Regulations.gov, or to Office of The Federal Register Notice with a Administrator, Federal Highway Information and Regulatory Affairs, 60-day comment period soliciting Administration. Office of Management and Budget, Attn: comments on this collection of [FR Doc. 2015–30601 Filed 12–2–15; 8:45 am] VA Desk Officer; 725 17th St. NW., information was published on August 7, BILLING CODE 4910–22–P Washington, DC 20503 or sent through 2015 at [80 FR 152, pages 47563–47564]. electronic mail to oira_submission@ Affected Public: Individuals or omb.eop.gov. Please refer to ‘‘OMB Households. DEPARTMENT OF VETERANS Control No. 2900–0002’’ in any Estimated Annual Burden: 59,230 AFFAIRS correspondence. hours. FOR FURTHER INFORMATION CONTACT: Estimated Average Burden per [OMB Control No. 2900–0002] Crystal Rennie, Enterprise Records Respondent: 0.50 hours (30 minutes). Agency Information Collection Service (005R1B), Department of Frequency of Response: One-time. (Income, Asset and Employment Veterans Affairs, 810 Vermont Avenue Estimated Number of Respondents: Statement and Application for NW., Washington, DC 20420, (202) 632– 118,197 respondents. Lhorne on DSK5TPTVN1PROD with NOTICES Veterans Pension) 7492 or email crystal.rennie@va.gov. By direction of the Secretary. AGENCY: Department of Veterans Affairs. Please refer to ‘‘OMB Control No. 2900– Kathleen M. Manwell, 0002.’’ Program Analyst, VA Privacy Service, Office ACTION: Notice; correction. SUPPLEMENTARY INFORMATION: of Privacy and Records Management, SUMMARY: The Department of Veterans Title: Income, Asset and Employment Department of Veterans Affairs. Affairs (VA) published a collection of Statement and Application for Veterans [FR Doc. 2015–30439 Filed 12–2–15; 8:45 am] information notice in the Federal Pension. BILLING CODE 8320–01–P VerDate Sep<11>2014 15:11 Dec 02, 2015 Jkt 238001 PO 00000 Frm 00047 Fmt 4703 Sfmt 9990 E:\FR\FM\03DEN1.SGM 03DEN1


Document Created: 2015-12-14 13:51:32
Document Modified: 2015-12-14 13:51:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe effective date of the waiver is December 4, 2015.
ContactFor 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 Citation80 FR 75702 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR