80 FR 9502 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 80, Issue 35 (February 23, 2015)

Page Range		9502-9503
FR Document		2015-03564

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the obligation of Federal-aid funds for 75 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 35 (Monday, February 23, 2015)

[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Notices]
[Pages 9502-9503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03564]


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

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 75 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 February 24, 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

[[Page 9503]]

Publishing 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 75 State projects involving the acquisition of vehicles 
(including sedans, vans, pickups, trucks, buses, and street sweepers) 
and equipment (such as electric charging station and trail grooming 
equipment) on the condition that they be assembled in the U.S. The 
waiver would apply to approximately 950 vehicles. The requests, 
available at http://www.fhwa.dot.gov/construction/contracts/cmaq141124.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 A, section 122 of the Consolidated and 
Further Continuing Appropriations Act of 2012 (Pub. L. 112-284), 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=101 on 
November 25, 2014. The FHWA received 17 comments in response to the 
publication. Eight commenters including; Puget Sound Clean Air Agency, 
Port of Seattle, Chicago Metropolitan Agency for Planning, and Virginia 
DOT support granting a waiver. Four commenters objected to the waiver, 
and five others provided general statements regarding domestic 
manufacturing and the U.S. economy. None of the four commenters 
objecting to the waiver identified a manufacturer that meets the Buy 
America requirements for the vehicles and equipment listed in the 
November 25, 2014 notice.
    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 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 75 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: February 13, 2015.
Gregory G. Nadeau,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2015-03564 Filed 2-20-15; 8:45 am]
BILLING CODE 4910-22-P

9502 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices

the United States of America and the of the persons selected to fill these commercial air tour operators; Michael
Government of Canada in order to current and future vacancies. Sutton and Dick Hingson representing
engage in: (i) Scheduled foreign air FOR FURTHER INFORMATION CONTACT: environmental interests with two open
transportation of persons, property and Keith Lusk, Special Programs Staff, seats; and Rory Majenty and Martin
mail from points behind Canada via Federal Aviation Administration, Begaye representing Native American
Canada and intermediate points to a Western-Pacific Region Headquarters, tribes. Rory Majenty’s seat expires on
point or points in the United States and P.O. Box 92007, Los Angeles, CA April 2, 2015.
beyond; (ii) charter foreign air 90009–2007, telephone: (310) 725–3808, Selection
transportation of persons, property and email: Keith.Lusk@faa.gov.
mail from any point or points in Canada The persons selected to fill the two
SUPPLEMENTARY INFORMATION:
and any point or points in the United open seats representing environmental
States and any point or points in a third Background concerns are Nicholas Miller and Mark
country or countries, provided that, The National Parks Air Tour Belles. Their 3-year terms will begin on
except with respect to cargo charters, Management Act of 2000 (the Act) was the day of this Federal Register notice
such service constitutes part of a enacted on April 5, 2000, as Public Law publication. The person selected to fill
continuous operation, with or without a 106–181, and subsequently amended in the upcoming open seat representing
change of aircraft, that includes service the FAA Modernization and Reform Act Native American concerns is Leigh
to Canada for the purpose of carrying of 2012. The Act required the Kuwanwisiwma. Mr. Kuwanwisiwma’s
local traffic between Canada and the establishment of the advisory group 3-year term will begin on April 3, 2015.
United States; and (iii) other charter within 1 year after its enactment. The Issued in Hawthorne, CA on February 11,
transportation pursuant to the prior NPOAG was established in March 2001. 2015.
approval requirements. WestJet Encore The advisory group is comprised of a Keith Lusk,
further requests exemption authority to balanced group of representatives of Program Manager, Special Programs Staff,
the extent necessary to enable it to general aviation, commercial air tour Western-Pacific Region.
provide the services described above operations, environmental concerns, [FR Doc. 2015–03558 Filed 2–18–15; 8:45 am]
pending issuance of a foreign air carrier and Native American tribes. The BILLING CODE 4910–13–P
permit and such additional or other Administrator of the FAA and the
relief as the Department may deem Director of NPS (or their designees)
necessary or appropriate. It also requests serve as ex officio members of the DEPARTMENT OF TRANSPORTATION
a statement of authorization to the group. Representatives of the
extent necessary to enable WestJet Administrator and Director serve Federal Highway Administration
Encore to operate U.S.-Canada alternating 1-year terms as chairman of
transborder service on behalf of WestJet the advisory group. Buy America Waiver Notification
under the ‘‘WestJet’’ name. In accordance with the Act, the AGENCY: Federal Highway
Barbara J. Hairston, advisory group provides ‘‘advice, Administration (FHWA), Department of
Supervisory Dockets Officer, Docket information, and recommendations to Transportation (DOT).
Operations, Federal Register Liaison. the Administrator and the Director— ACTION: Notice.
[FR Doc. 2015–03548 Filed 2–20–15; 8:45 am] (1) On the implementation of this title
BILLING CODE 4910–9X–P
[the Act] and the amendments made by SUMMARY: This notice provides
this title; information regarding FHWA’s finding
(2) On commonly accepted quiet that a Buy America waiver is
DEPARTMENT OF TRANSPORTATION aircraft technology for use in appropriate for the obligation of
commercial air tour operations over a Federal-aid funds for 75 State projects
Federal Aviation Administration national park or tribal lands, which will involving the acquisition of vehicles
receive preferential treatment in a given and equipment on the condition that
Membership in the National Parks air tour management plan; they be assembled in the U.S.
Overflights Advisory Group Aviation (3) On other measures that might be DATES: The effective date of the waiver
Rulemaking Committee taken to accommodate the interests of is February 24, 2015.
visitors to national parks; and
AGENCY:Federal Aviation (4) At the request of the Administrator FOR FURTHER INFORMATION CONTACT: For
Administration, Transportation. and the Director, safety, environmental, questions about this notice, please
ACTION: Notice. and other issues related to commercial contact Mr. Gerald Yakowenko, FHWA
air tour operations over a national park Office of Program Administration, 202–
SUMMARY: By Federal Register notice or tribal lands.’’ 366–1562, or via email at
(See 79 FR 77594–77595, December 24, gerald.yakowenko@dot.gov. For legal
2014) the National Park Service (NPS) Membership questions, please contact Mr. Jomar
and the Federal Aviation The current NPOAG ARC is made up Maldonado, FHWA Office of the Chief
Administration (FAA) invited interested of one member representing general Counsel, 202–366–1373, or via email at
persons to apply to fill two existing aviation, three members representing jomar.maldonado@dot.gov. Office hours
openings and one upcoming opening on the commercial air tour industry, four for the FHWA are from 8:00 a.m. to 4:30
the National Parks Overflights Advisory members representing environmental p.m., e.t., Monday through Friday,
Rmajette on DSK2VPTVN1PROD with NOTICES

Group (NPOAG) Aviation Rulemaking concerns, and two members except Federal holidays.
Committee (ARC). The notice invited representing Native American interests. SUPPLEMENTARY INFORMATION: Electronic
interested persons to apply to fill two Current members of the NPOAG ARC Access.
currently vacant seats representing are as follows: An electronic copy of this document
environmental concerns and one future Heidi Williams representing general may be downloaded from the Federal
opening to represent Native American aviation; Alan Stephen, Matt Zuccaro, Register’s home page at http://
interests. This notice informs the public and Mark Francis representing www.archives.gov and the Government

VerDate Sep<11>2014 14:19 Feb 20, 2015 Jkt 235001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices 9503

Publishing Office’s database at http:// components identified in this notice in to these products is inconsistent with
www.access.gpo.gov/nara. such a way that their steel and iron the public interest (23 U.S.C. 313(b)(1)
elements are manufactured and 23 CFR 635.410(c)(2)(i)). However,
Background
domestically. The FHWA’s Buy America FHWA believes that it is in the public
This notice provides information requirements were tailored to the types interest and consistent with the Buy
regarding FHWA’s finding that a Buy of products that are typically used in America requirements to impose the
America waiver is appropriate for the highway construction, which generally condition that the vehicles and the
obligation of Federal-aid funds for 75 meet the requirement that steel and iron vehicle components be assembled in the
State projects involving the acquisition materials be manufactured domestically.
of vehicles (including sedans, vans, U.S. Requiring final assembly to be
In today’s global industry, vehicles are
pickups, trucks, buses, and street performed in the U.S. is consistent with
assembled with iron and steel
sweepers) and equipment (such as past guidance to FHWA Division Offices
components that are manufactured all
electric charging station and trail over the world. The FHWA is not aware on manufactured products (see
grooming equipment) on the condition of any domestically produced vehicle Memorandum on Buy America Policy
that they be assembled in the U.S. The on the market that meets FHWA’s Buy Response, Dec. 22, 1997, http://
waiver would apply to approximately America requirement to have all its iron www.fhwa.dot.gov/programadmin/
950 vehicles. The requests, available at and steel be manufactured exclusively contracts/122297.cfm). A waiver of the
http://www.fhwa.dot.gov/construction/ in the U.S. For example, the Chevrolet Buy America requirement without any
contracts/cmaq141124.cfm, are Volt, which was identified by many regard to where the vehicle is assembled
incorporated by reference into this commenters in a November 21, 2011, would diminish the purpose of the Buy
notice. These projects are being Federal Register Notice (76 FR 72027) America requirement. Moreover, in
undertaken to implement air quality as a car that is made in the U.S., is today’s economic environment, the Buy
improvement, safety, and mobility goals comprised of only 45 percent of U.S. America requirement is especially
under FHWA’s Congestion Mitigation and Canadian content according to the significant in that it will ensure that
and Air Quality Improvement Program; National Highway Traffic Safety Federal Highway Trust Fund dollars are
National Bridge and Tunnel Inventory Administration’s Part 583 American used to support and create jobs in the
and Inspection Program; and the Automobile Labeling Act Report Web U.S. This approach is similar to the
Recreational Trails Program. page (http://www.nhtsa.gov/Laws+&
Title 23, Code of Federal Regulations, conditional waivers previously given for
+Regulations/Part+583+American various vehicle projects. Thus, so long
section 635.410 requires that steel or +Automobile+Labeling+Act+(AALA)
iron materials (including protective as the final assembly of the 75 State
+Reports). Moreover, there is no
coatings) that will be permanently projects occurs in the U.S., applicants to
indication of how much of this 45
incorporated in a Federal-aid project this waiver request may proceed to
percent content is U.S.-manufactured
must be manufactured in the U.S. For (from initial melting and mixing) iron purchase these vehicles and equipment
FHWA, this means that all the processes and steel content. consistent with the Buy America
that modified the chemical content, In accordance with Division A, requirement.
physical shape or size, or final finish of section 122 of the Consolidated and In accordance with the provisions of
the material (from initial melting and Further Continuing Appropriations Act section 117 of the Safe, Accountable,
mixing, continuing through the bending of 2012 (Pub. L. 112–284), FHWA Flexible, Efficient Transportation Equity
and coating) occurred in the U.S. The published a notice of intent to issue a Act: A Legacy for Users, Technical
statute and regulations create a process waiver on its Web site at http:// Corrections Act of 2008 (Pub. L. 110–
for granting waivers from the Buy www.fhwa.dot.gov/construction/ 244), FHWA is providing this notice of
America requirements when its contracts/waivers.cfm?id=101 on
application would be inconsistent with its finding that a public interest waiver
November 25, 2014. The FHWA of Buy America requirements is
the public interest or when satisfactory received 17 comments in response to
quality domestic steel and iron products appropriate on the condition that the
the publication. Eight commenters
are not sufficiently available. In 1983, vehicles and equipment identified in
including; Puget Sound Clean Air
FHWA determined that it was both in Agency, Port of Seattle, Chicago the notice be assembled in the U.S. The
the public interest and consistent with Metropolitan Agency for Planning, and FHWA invites public comment on this
the legislative intent to waive Buy Virginia DOT support granting a waiver. finding for an additional 15 days
America for manufactured products Four commenters objected to the following the effective date of the
other than steel manufactured products. waiver, and five others provided general finding. Comments may be submitted to
However, FHWA’s national waiver for statements regarding domestic FHWA’s Web site via the link provided
manufactured products does not apply manufacturing and the U.S. economy. to the waiver page noted above.
to the requests in this notice because None of the four commenters objecting Authority: 23 U.S.C. 313; Pub. L. 110–161,
they involve predominately steel and to the waiver identified a manufacturer 23 CFR 635.410.
iron manufactured products. The that meets the Buy America
FHWA’s Buy America requirements do requirements for the vehicles and Issued on: February 13, 2015.
not have special provisions for applying equipment listed in the November 25, Gregory G. Nadeau,
Buy America to ‘‘rolling stock’’ such as 2014 notice. Acting Administrator, Federal Highway
vehicles or vehicle components (see 49 Based on FHWA’s conclusion that Administration.
U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and there are no domestic manufacturers
Rmajette on DSK2VPTVN1PROD with NOTICES

[FR Doc. 2015–03564 Filed 2–20–15; 8:45 am]
49 U.S.C. 24405(a)(2)(C) for examples of that can produce the vehicles and BILLING CODE 4910–22–P
Buy America rolling stock provisions for equipment identified in this notice in
other DOT agencies). such a way that steel and iron materials
Based on all the information available are manufactured domestically, and
to the agency, FHWA concludes that after consideration of the comments
there are no domestic manufacturers received, FHWA finds that application
that produce the vehicles and vehicle of FHWA’s Buy America requirements

VerDate Sep<11>2014 17:12 Feb 20, 2015 Jkt 235001 PO 00000 Frm 00076 Fmt 4703 Sfmt 9990 E:\FR\FM\23FEN1.SGM 23FEN1

Document Created: 2015-12-18 13:28:26
Document Modified: 2015-12-18 13:28:26

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 February 24, 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 9502

80 FR 9502 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 80, Issue 35 (February 23, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration