81 FR 30601 - Buy America Waiver Notification
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 81, Issue 95 (May 17, 2016)
Federal Highway Administration
Federal Register Volume 81, Issue 95 (May 17, 2016)
| Page Range | 30601-30602 | |
| FR Document | 2016-11579 |
[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)] [Notices] [Pages 30601-30602] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11579] ----------------------------------------------------------------------- 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 34 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 May 18, 2016. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, telephone 202-366-1562, or via email at [email protected]. For legal questions, please contact Ms. Jennifer Mayo, FHWA Office of the Chief Counsel, 202-366-1523, 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 Web site 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 34 State projects involving the acquisition of vehicles (including sedans, vans, pickups, trucks, buses, and street sweepers) and equipment (such as trail grooming equipment) on the condition that they be assembled in the U.S. The waiver would apply to approximately 2,528 vehicles and equipment acquisitions. The requests for the fourth quarter of calendar year 2015, available at http://www.fhwa.dot.gov/construction/contracts/cmaq160317.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 and the Recreational Trails Program. Title 23, section 635.410, Code of Federal Regulations (23 CFR 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 of 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=119 on March 17th. The FHWA received 11 comments in response to the publication. Three commenters support granting the waiver and stated that ``the vehicles represent an ideal way for domestic clean fuel to be used and help air quality, economic security, and the regions.'' Five commenters opposed granting the waiver and three commenters provided general comments suggesting that: (1) Buy America is supposed to bring manufacturing jobs back home; (2) the list is very expansive and appeared to be a list of products that are based on preference but could not be purchased domestically; and (3) some of the Recreational Trail items are specialized items available off the shelf. These commenters did not provide a recommendation for domestic products that fully comply with FHWA's Buy America requirements. 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, December 22, [[Page 30602]] 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 34 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; PL 110-161; 23 CFR 635.410. Issued on: May 9, 2016. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2016-11579 Filed 5-16-16; 8:45 am] BILLING CODE 4910-22-P
![Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Notices 30601
Issued in Washington, DC, on May 12, cmaq160317.cfm, are incorporated by commenters in a November 21, 2011,
2016. reference into this notice. These projects Federal Register Notice (76 FR 72027)
Lorelei Peter, are being undertaken to implement air as a car that is made in the U.S., is
Assistant Chief Counsel for Regulations. quality improvement, safety, and comprised of only 45 percent of U.S.
[FR Doc. 2016–11573 Filed 5–12–16; 11:15 am] mobility goals under FHWA’s and Canadian content according to the
BILLING CODE 4910–13–P Congestion Mitigation and Air Quality National Highway Traffic Safety
Improvement Program and the Administration’s part 583 American
Recreational Trails Program. Automobile Labeling Act Report Web
DEPARTMENT OF TRANSPORTATION Title 23, section 635.410, Code of page (http://www.nhtsa.gov/Laws+&+
Federal Regulations (23 CFR 635.410) Regulations/Part+583+American+
Federal Highway Administration requires that steel or iron materials Automobile+Labeling+Act+(AALA)
(including protective coatings) that will +Reports). Moreover, there is no
Buy America Waiver Notification be permanently incorporated in a indication of how much of this 45
AGENCY: Federal Highway Federal-aid project must be percent content is U.S. manufactured
Administration (FHWA), Department of manufactured in the U.S. For FHWA, (from initial melting and mixing) iron
Transportation (DOT). this means that all the processes that and steel content.
modified the chemical content, physical In accordance with Division K,
ACTION: Notice.
shape or size, or final finish of the section 122 of the Consolidated and
SUMMARY: This notice provides material (from initial melting and Further Continuing Appropriations Act
information regarding FHWA’s finding mixing, continuing through the bending of 2015 (Pub. L. 113–235), FHWA
that a Buy America waiver is and coating) occurred in the U.S. The published a notice of intent to issue a
appropriate for the obligation of statute and regulations create a process waiver on its Web site at http://www.
Federal-aid funds for 34 State projects for granting waivers from the Buy fhwa.dot.gov/construction/contracts/
involving the acquisition of vehicles America requirements when its waivers.cfm?id=119 on March 17th. The
and equipment on the condition that application would be inconsistent with FHWA received 11 comments in
they be assembled in the U.S. the public interest or when satisfactory response to the publication. Three
quality domestic steel and iron products commenters support granting the waiver
DATES: The effective date of the waiver
are not sufficiently available. and stated that ‘‘the vehicles represent
is May 18, 2016. In 1983, FHWA determined that it an ideal way for domestic clean fuel to
FOR FURTHER INFORMATION CONTACT: For was both in the public interest and be used and help air quality, economic
questions about this notice, please consistent with the legislative intent to security, and the regions.’’ Five
contact Mr. Gerald Yakowenko, FHWA waive Buy America for manufactured commenters opposed granting the
Office of Program Administration, products other than steel manufactured waiver and three commenters provided
telephone 202–366–1562, or via email at products. However, FHWA’s national general comments suggesting that: (1)
gerald.yakowenko@dot.gov. For legal waiver for manufactured products does Buy America is supposed to bring
questions, please contact Ms. Jennifer not apply to the requests in this notice manufacturing jobs back home; (2) the
Mayo, FHWA Office of the Chief because they involve predominately list is very expansive and appeared to be
Counsel, 202–366–1523, or via email at steel and iron manufactured products. a list of products that are based on
jennifer.mayo@dot.gov. Office hours for The FHWA’s Buy America requirements preference but could not be purchased
the FHWA are from 8:00 a.m. to 4:30 do not have special provisions for domestically; and (3) some of the
p.m., e.t., Monday through Friday, applying Buy America to ‘‘rolling stock’’ Recreational Trail items are specialized
except Federal holidays. such as vehicles or vehicle components items available off the shelf. These
SUPPLEMENTARY INFORMATION: (see 49 U.S.C. 5323(j)(2)(C), 49 CFR commenters did not provide a
661.11, and 49 U.S.C. 24405(a)(2)(C) for recommendation for domestic products
Electronic Access examples of Buy America rolling stock that fully comply with FHWA’s Buy
An electronic copy of this document provisions for other DOT agencies). America requirements.
may be downloaded from the Federal Based on all the information available Based on FHWA’s conclusion that
Register’s Web site at http:// to the agency, FHWA concludes that there are no domestic manufacturers
www.archives.gov and the Government there are no domestic manufacturers that can produce the vehicles and
Printing Office’s database at http:// that produce the vehicles and vehicle equipment identified in this notice in
www.access.gpo.gov/nara. components identified in this notice in such a way that steel and iron materials
such a way that their steel and iron are manufactured domestically, and
Background elements are manufactured after consideration of the comments
This notice provides information domestically. The FHWA’s Buy America received, FHWA finds that application
regarding FHWA’s finding that a Buy requirements were tailored to the types of FHWA’s Buy America requirements
America waiver is appropriate for the of products that are typically used in to these products is inconsistent with
obligation of Federal-aid funds for 34 highway construction, which generally the public interest (23 U.S.C. 313(b)(1)
State projects involving the acquisition meet the requirement that steel and iron and 23 CFR 635.410(c)(2)(i)).
of vehicles (including sedans, vans, materials be manufactured domestically. However, FHWA believes that it is in
pickups, trucks, buses, and street In today’s global industry, vehicles are the public interest and consistent with
sweepers) and equipment (such as trail assembled with iron and steel the Buy America requirements to
grooming equipment) on the condition components that are manufactured all impose the condition that the vehicles
jstallworth on DSK7TPTVN1PROD with NOTICES
that they be assembled in the U.S. The over the world. The FHWA is not aware and the vehicle components be
waiver would apply to approximately of any domestically produced vehicle assembled in the U.S. Requiring final
2,528 vehicles and equipment on the market that meets FHWA’s Buy assembly to be performed in the U.S. is
acquisitions. The requests for the fourth America requirement to have all its iron consistent with past guidance to FHWA
quarter of calendar year 2015, available and steel be manufactured exclusively Division Offices on manufactured
at http://www.fhwa.dot.gov/ in the U.S. For example, the Chevrolet products (see Memorandum on Buy
construction/contracts/ Volt, which was identified by many America Policy Response, December 22,
VerDate Sep<11>2014 15:32 May 16, 2016 Jkt 238001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1](https://thefederalregister.org/doc/81_FR_30696/page/1.svg)
![30602 Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Notices
1997, http://www.fhwa.dot.gov/ FOR FURTHER INFORMATION CONTACT: For for an additional 15 days following the
programadmin/contracts/122297.cfm). questions about this notice, please effective date of the finding. Comments
A waiver of the Buy America contact Mr. Gerald Yakowenko, FHWA may be submitted to FHWA’s Web site
requirement without any regard to Office of Program Administration, 202– via the link provided to the waiver page
where the vehicle is assembled would 366–1562, or via email at noted above.
diminish the purpose of the Buy gerald.yakowenko@dot.gov. For legal Authority: 23 U.S.C. 313; Public Law 110–
America requirement. Moreover, in questions, please contact Ms. Jennifer 161, 23 CFR 635.410.
today’s economic environment, the Buy Mayo, FHWA Office of the Chief
Issued on: May 9, 2016.
America requirement is especially Counsel, 202–366–1523, or via email at
significant in that it will ensure that jennifer.mayo@dot.gov. Office hours for Gregory G. Nadeau,
Federal Highway Trust Fund dollars are the FHWA are from 8:00 a.m. to 4:30 Administrator, Federal Highway
used to support and create jobs in the p.m., e.t., Monday through Friday, Administration.
U.S. This approach is similar to the except Federal holidays. [FR Doc. 2016–11578 Filed 5–16–16; 8:45 am]
conditional waivers previously given for SUPPLEMENTARY INFORMATION: BILLING CODE 4910–22–P
various vehicle projects. Thus, so long
as the final assembly of the 34 State Electronic Access
projects occurs in the U.S., applicants to An electronic copy of this document DEPARTMENT OF TRANSPORTATION
this waiver request may proceed to may be downloaded from the Federal
purchase these vehicles and equipment Register’s home page at http:// Federal Transit Administration
consistent with the Buy America www.archives.gov and the Government
requirement. Printing Office’s database at http:// [Docket No. FTA–2016–0025]
In accordance with the provisions of www.access.gpo.gov/nara.
section 117 of the Safe, Accountable, Notice of Proposed Buy America
Background Waiver for Minivans
Flexible, Efficient Transportation Equity
Act: A Legacy for Users, Technical The FHWA’s Buy America policy in
AGENCY: Federal Transit Administration,
Corrections Act of 2008 (Pub. L. 110– 23 CFR 635.410 requires a domestic
DOT.
244), FHWA is providing this notice of manufacturing process for any steel or
iron products (including protective ACTION: Notice of proposed Buy America
its finding that a public interest waiver
coatings) that are permanently waiver and request for comment.
of Buy America requirements is
appropriate on the condition that the incorporated in a Federal-aid
SUMMARY: The Federal Transit
vehicles and equipment identified in construction project. The regulation also
Administration (FTA) received a formal
the notice be assembled in the U.S. The provides for a waiver of the Buy
request from the Pace Suburban Bus
FHWA invites public comment on this America requirements when the
Division of the Regional Transportation
finding for an additional 15 days application would be inconsistent with
Authority (Pace) for a Buy America non-
following the effective date of the the public interest or when satisfactory
quality domestic steel and iron products availability waiver to purchase 188
finding. Comments may be submitted to Dodge Caravan minivans for its vanpool
FHWA’s Web site via the link provided are not sufficiently available. This
notice provides information regarding program. Minivans are considered
to the waiver page noted above. rolling stock and are subject to the Buy
FHWA’s finding that a Buy America
Authority: 23 U.S.C. 313; PL 110–161; 23 waiver is appropriate for use of non- America waiver set forth in 49 U.S.C.
CFR 635.410. 5323(j)(2)(C), which requires that
domestic motor and machinery brake
Issued on: May 9, 2016. systems (maximum torque 100 ft-lb, minivans (i) contain more than 60
Gregory G. Nadeau, wheel size 8 inches) for rehabilitation of percent domestic content, and (ii) final
Administrator, Federal Highway a bascule bridge in Port Clinton, Ohio. assembly of the vehicles occurs in the
Administration. In accordance with Division K, United States. Although initially Pace
[FR Doc. 2016–11579 Filed 5–16–16; 8:45 am] section 122 of the Consolidated and sought only a waiver of the requirement
BILLING CODE 4910–22–P Further Continuing Appropriations Act that final assembly take place in the
of 2015 (Pub. L. 113–235), FHWA United States, Pace now seeks a waiver
published a notice of intent to issue a of both requirements. Because FTA is
DEPARTMENT OF TRANSPORTATION waiver on its Web site (http:// aware of at least four manufacturers that
www.fhwa.dot.gov/construction/ can meet the final assembly
Federal Highway Administration contracts/waivers.cfm?id=121 ) on requirement, however, FTA is proposing
March 22nd. The FHWA received no a waiver of only the domestic content
Buy America Waiver Notification requirement for non-ADA-accessible
comments in response to the
AGENCY: Federal Highway publication. Based on all the minivans. This waiver would apply to
Administration (FHWA), Department of information available to the agency, all procurements of non-ADA-accessible
Transportation (DOT). FHWA concludes that there are no minivans by any FTA grantee and
domestic manufacturers of motor and would be limited to contracts entered
ACTION: Notice.
machinery brake systems (maximum into before September 30, 2019 or until
SUMMARY: This notice provides torque 100 ft-lb, wheel size 8 inches) for a fully compliant domestic source
information regarding FHWA’s finding rehabilitation of the bascule bridge in becomes available, whichever is earlier.
that a Buy America waiver is In accordance with 49 U.S.C.
jstallworth on DSK7TPTVN1PROD with NOTICES
Port Clinton, Ohio.
appropriate for the use of non-domestic In accordance with the provisions of 5323(j)(3)(A), FTA is providing notice of
motor and machinery brakes (maximum section 117 of the SAFETEA–LU this proposed waiver and seeks public
torque 100 ft-lb, wheel size 8 inches) for Technical Corrections Act of 2008 (Pub. and industry comment on whether FTA
the rehabilitation of a bascule bridge in L. 110–244), FHWA is providing this should grant the waiver.
Port Clinton, Ohio. notice that a waiver of Buy America DATES: Comments must be received by
DATES: The effective date of the waiver requirements is appropriate. The FHWA May 31, 2016. Late-filed comments will
is May 18, 2016. invites public comment on this finding be considered to the extent practicable.
VerDate Sep<11>2014 15:32 May 16, 2016 Jkt 238001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1](https://thefederalregister.org/doc/81_FR_30696/page/2.svg)
Document Created: 2018-02-07 15:05:37
Document Modified: 2018-02-07 15:05:37
| 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 May 18, 2016. | |
| Contact | For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, telephone 202-366-1562, or via email at [email protected] For legal questions, please contact Ms. Jennifer Mayo, FHWA Office of the Chief Counsel, 202-366-1523, 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 | 81 FR 30601 |
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