81_FR_30697 81 FR 30602 - Buy America Waiver Notification

81 FR 30602 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 95 (May 17, 2016)

Page Range30602-30602
FR Document2016-11578

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic motor and machinery brakes (maximum torque 100 ft-lb, wheel size 8 inches) for the rehabilitation of a bascule bridge in Port Clinton, Ohio.

Federal Register, Volume 81 Issue 95 (Tuesday, May 17, 2016)
[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)]
[Notices]
[Page 30602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11578]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

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

ACTION: Notice.

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SUMMARY: This notice provides information regarding FHWA's finding that 
a Buy America waiver is appropriate for the use of non-domestic motor 
and machinery brakes (maximum torque 100 ft-lb, wheel size 8 inches) 
for the rehabilitation of a bascule bridge in Port Clinton, Ohio.

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, 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 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 motor and machinery brake systems 
(maximum torque 100 ft-lb, wheel size 8 inches) for rehabilitation of a 
bascule bridge in Port Clinton, Ohio.
    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 (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=121 ) on March 
22nd. 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 of motor and machinery brake 
systems (maximum torque 100 ft-lb, wheel size 8 inches) for 
rehabilitation of the bascule bridge in Port Clinton, Ohio.
    In accordance with the provisions of section 117 of the SAFETEA-LU 
Technical Corrections Act of 2008 (Pub. L. 110-244), FHWA is providing 
this notice 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; Public Law 110-161, 23 CFR 635.410.

    Issued on: May 9, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-11578 Filed 5-16-16; 8:45 am]
 BILLING CODE 4910-22-P



                                                  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.
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                                                                                                          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.


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Document Created: 2018-02-07 15:05:23
Document Modified: 2018-02-07 15:05:23
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 May 18, 2016.
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 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 Citation81 FR 30602 

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