81_FR_39212 81 FR 39097 - Buy America Waiver Notification

81 FR 39097 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 115 (June 15, 2016)

Page Range39097-39098
FR Document2016-14142

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the re-use of historical U.S. 40 steel bridge truss members for construction of a bicycle and pedestrian bridge over Little Blue River in the City of Grandview in the State of Missouri.

Federal Register, Volume 81 Issue 115 (Wednesday, June 15, 2016)
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Notices]
[Pages 39097-39098]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14142]


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

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 re-use of historical U.S. 
40 steel bridge truss members for construction of a bicycle and 
pedestrian bridge over Little Blue River in the City of Grandview in 
the State of Missouri.

DATES: The effective date of the waiver is June 16, 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 the re-use of historical U.S. 40 steel bridge truss 
members in construction of bicycle and pedestrian bridge over Little 
Blue River in Grandview, MO.
    In accordance with Division K, section 122 of the Consolidated and 
Further Continuing Appropriations Act of 2015 (Pub. L. 113-235), FHWA

[[Page 39098]]

published a notice of intent to issue a waiver on its Web site (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=120) on March 
22nd. The FHWA received no comments in response to the publication. The 
truss members were part of U.S. 40 Historic Bridge (Bridge #J0526) that 
was dismantled as a part of the I-70 project currently under 
construction. The steel trusses will be re-used in the construction of 
a pedestrian bridge over the Little Blue River in Grandview, MO as part 
of the Longview Lake Trail. Based on all the information available to 
the Agency, FHWA concludes that it is in the public interest to re-use 
the historical US 40 steel bridge truss members for construction of a 
bicycle and pedestrian bridge over Little Blue River in Grandview, MO.
    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; Pub. L. 110-161, 23 CFR 635.410.

    Issued on: June 1, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-14142 Filed 6-14-16; 8:45 am]
 BILLING CODE 4910-22-P



                                                                          Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices                                            39097

                                                Conventional large truck                                Comments are requested on the                       DEPARTMENT OF TRANSPORTATION
                                             combinations often use KY 151 as a                      following matters and any others
                                             shortcut from I–64 Exit 48 to connect                   relating to the deletion of the route from             Federal Highway Administration
                                             with four-lane divided U.S. 127 north of                the NN:
                                             Lawrenceburg, KY. A recent series of                                                                           Buy America Waiver Notification
                                                                                                        • Will the deletion of the route
                                             large truck crashes have raised concerns                                                                       AGENCY: Federal Highway
                                                                                                     negatively impact the flow of interstate
                                             on the appropriateness of its designation                                                                      Administration (FHWA), Department of
                                             as an NN route. The predominant type                    commerce?
                                                                                                                                                            Transportation (DOT).
                                             of crash involves trucks veering off the                   • Are there safety issues with the
                                                                                                                                                            ACTION: Notice.
                                             roadway where the roadway and                           route, particularly as it relates to
                                             shoulders are too narrow for                            operation of conventional combination                  SUMMARY:    This notice provides
                                             conventional combination large trucks.                  large trucks that are generally tractors               information regarding FHWA’s finding
                                             The route has experienced an                            with one semitrailer up to 48 feet in                  that a Buy America waiver is
                                             increasingly high rate of single vehicle                length, or one 28-foot semitrailer and                 appropriate for the re-use of historical
                                             truck accidents. It has marginal lane                   one 28-foot trailer, and up to 102 inches              U.S. 40 steel bridge truss members for
                                             widths (11 to 12 foot) and shoulder                     wide?                                                  construction of a bicycle and pedestrian
                                             widths (1 to 2 foot) and includes                                                                              bridge over Little Blue River in the City
                                             sections with horizontal curvature that                    • What is the safety record of the
                                                                                                     route, including current or anticipated                of Grandview in the State of Missouri.
                                             negatively impact sight distances and                                                                          DATES: The effective date of the waiver
                                             safe operation of combination truck and                 safety problems?
                                                                                                                                                            is June 16, 2016.
                                             bus vehicle traffic. The current traffic                   • Is the route experiencing above
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT: For
                                             volume on the nearby alternate route                    normal accident rates and/or accident
                                             (U.S. 127) is approximately 18,000                                                                             questions about this notice, please
                                                                                                     severities?
                                             average annual daily traffic (AADT).                                                                           contact Mr. Gerald Yakowenko, FHWA
                                                                                                        • Is there information available that               Office of Program Administration, 202–
                                             Based on traffic data available, FHWA
                                                                                                     indicates that the accident problems on                366–1562, or via email at
                                             expects that truck traffic on U.S. 127
                                             will increase from 1,260 to 1,694 AADT                  the route are aggravated by larger                     gerald.yakowenko@dot.gov. For legal
                                             per day, that is, approximately 434                     conventional trucks?                                   questions, please contact Ms. Jennifer
                                             trucks per day. The percentage of trucks                   • What are the geometric, structural,               Mayo, FHWA Office of the Chief
                                             on U.S. 127 would increase from about                   or traffic operations features that might              Counsel, 202–366–1523, or via email at
                                             7 to 9 percent trucks.                                  preclude safe and efficient operation of               jennifer.mayo@dot.gov. Office hours for
                                                Vehicle collision data gathered from                 large conventional trucks (e.g., lane                  the FHWA are from 8:00 a.m. to 4:30
                                             the Kentucky State Police show that KY                                                                         p.m., e.t., Monday through Friday,
                                                                                                     widths, sight distance, severity and
                                             151 experienced single vehicle                                                                                 except Federal holidays.
                                                                                                     length of grades, horizontal curvature,
                                             accidents involving large trucks and                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                     shoulder width, narrow bridges, bridge
                                             buses six times more often than U.S. 127                clearances and load limits, traffic                    Electronic Access
                                             (the alternate route), during the same                  volumes and vehicle mix, intersection
                                             time period. Further analysis shows that                                                                         An electronic copy of this document
                                                                                                     geometrics, and vulnerability of                       may be downloaded from the Federal
                                             half of the accidents on KY 151 are ‘‘Ran
                                                                                                     roadside property)? (Pictures or                       Register’s home page at http://
                                             Off Roadway (One Vehicle With/Earth
                                             Embankment/Ditch)’’ collisions, while                   illustrations would be helpful.)                       www.archives.gov and the Government
                                             U.S. 127 did not experience a single                       • Are there operational restrictions                Printing Office’s database at http://
                                             accident of this type during the same                   that might be implemented in lieu of                   www.access.gpo.gov/nara.
                                             reporting period (2010–2015). The U.S.                  deletion of the route from the NN?                     Background
                                             127 is a four-lane divided partially                       • Are there locations on the route that
                                             controlled access highway with 12-foot                                                                            The FHWA’s Buy America policy in
                                                                                                     large trucks require access to such as                 23 CFR 635.410 requires a domestic
                                             lanes, 10-foot paved outside shoulders,
                                                                                                     terminals and facilities for food, fuel,               manufacturing process for any steel or
                                             4-foot paved inside shoulders, and a 40-
                                                                                                     repairs, and rest?                                     iron products (including protective
                                             foot median.
                                                                                                        • Is U.S. 127 a reasonable alternate                coatings) that are permanently
                                             Purpose of the Notice                                   route?                                                 incorporated in a Federal-aid
                                                The purpose of this notice is to                        • Are there safety concerns with the                construction project. The regulation also
                                             request comments on the deletion of KY                  use of U.S. 127 as alternate route.                    provides for a waiver of the Buy
                                             151 (from U.S. 127 north of                                                                                    America requirements when the
                                                                                                     (Pictures or illustrations would be
                                             Lawrenceburg to I–64 Exit 48) from the                                                                         application would be inconsistent with
                                             NN. To ensure that the NN remains                       helpful.)
                                                                                                                                                            the public interest or when satisfactory
                                             substantially intact, FHWA retains the                    Authority: 49 U.S.C. 31111–31114;                    quality domestic steel and iron products
                                             authority to rule upon all requested                    Sections 411 and 412 of the Surface                    are not sufficiently available. This
                                             additions to, and deletions from, the                   Transportation Assistance Act of 1982 (Pub.            notice provides information regarding
                                             NN. This authority includes emergency                   L. 97–424).                                            FHWA’s finding that a Buy America
                                             deletions based on safety considerations                  Issued on: June 1, 2016.                             waiver is appropriate for the re-use of
                                             (23 CFR 658.11(e)). On April 26, 2016,                  Gregory G. Nadeau,
                                                                                                                                                            historical U.S. 40 steel bridge truss
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                                             FHWA approved the emergency                                                                                    members in construction of bicycle and
                                             deletion of KY 151 from I–64 to U.S. 127                Administrator, Federal Highway
                                                                                                                                                            pedestrian bridge over Little Blue River
                                                                                                     Administration.
                                             (near Lawrenceburg, KY) from the NN                                                                            in Grandview, MO.
                                             based on safety considerations. This                    [FR Doc. 2016–14129 Filed 6–14–16; 8:45 am]               In accordance with Division K,
                                             deletion is not final and FHWA seeks                    BILLING CODE 4910–22–P                                 section 122 of the Consolidated and
                                             public comments to assist in assessing                                                                         Further Continuing Appropriations Act
                                             its impacts.                                                                                                   of 2015 (Pub. L. 113–235), FHWA


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                                             39098                        Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices

                                             published a notice of intent to issue a                 ACTION:   Notice of final disposition.                 Room W12–140 on the ground level of
                                             waiver on its Web site (http://                                                                                the West Building, 1200 New Jersey
                                             www.fhwa.dot.gov/construction/                          SUMMARY:   FMCSA announces its                         Avenue SE., Washington, DC, between 9
                                             contracts/waivers.cfm?id=120) on                        decision to renew the exemptions from                  a.m. and 5 p.m., Monday through
                                             March 22nd. The FHWA received no                        the vision requirement in the Federal                  Friday, except Federal holidays. The
                                             comments in response to the                             Motor Carrier Safety Regulations for 120               Federal Docket Management System
                                             publication. The truss members were                     individuals. FMCSA has statutory                       (FDMS) is available 24 hours each day,
                                             part of U.S. 40 Historic Bridge (Bridge                 authority to exempt individuals from                   365 days each year. If you want
                                             #J0526) that was dismantled as a part of                the vision requirement if the                          acknowledgment that we received your
                                             the I–70 project currently under                        exemptions granted will not                            comments, please include a self-
                                             construction. The steel trusses will be                 compromise safety. The Agency has                      addressed, stamped envelope or
                                             re-used in the construction of a                        concluded that granting these                          postcard or print the acknowledgement
                                             pedestrian bridge over the Little Blue                  exemption renewals will provide a level                page that appears after submitting
                                             River in Grandview, MO as part of the                   of safety that is equivalent to or greater             comments on-line.
                                             Longview Lake Trail. Based on all the                   than the level of safety maintained                       Privacy Act: In accordance with 5
                                             information available to the Agency,                    without the exemptions for these                       U.S.C. 553(c), DOT solicits comments
                                             FHWA concludes that it is in the public                 commercial motor vehicle (CMV)                         from the public to better inform its
                                             interest to re-use the historical US 40                 drivers.                                               rulemaking process. DOT posts these
                                             steel bridge truss members for                          DATES:  Each group of renewed                          comments, without edit, including any
                                             construction of a bicycle and pedestrian                exemptions are effective from the dates                personal information the commenter
                                             bridge over Little Blue River in                        stated in the discussions below.                       provides, to www.regulations.gov, as
                                             Grandview, MO.                                          FOR FURTHER INFORMATION CONTACT:                       described in the system of records
                                                In accordance with the provisions of                 Christine A. Hydock, Chief, Medical                    notice (DOT/ALL–14 FDMS), which can
                                             section 117 of the SAFETEA–LU                           Programs Division, 202–366–4001,                       be reviewed at www.dot.gov/privacy.
                                             Technical Corrections Act of 2008 (Pub.                 fmcsamedical@dot.gov, FMCSA,
                                             L. 110–244), FHWA is providing this                                                                            II. Background
                                                                                                     Department of Transportation, 1200
                                             notice that a waiver of Buy America                     New Jersey Avenue SE., Room W64–                          On December 24, 2015, FMCSA
                                             requirements is appropriate. The FHWA                   224, Washington, DC 20590–0001.                        published a notice of intent to renew the
                                             invites public comment on this finding                  Office hours are from 8:30 a.m. to 5 p.m.              exemptions of drivers who have
                                             for an additional 15 days following the                 Monday through Friday, except Federal                  previously held exemptions, and
                                             effective date of the finding. Comments                 holidays.                                              requested comments from the public (80
                                             may be submitted to FHWA’s Web site                                                                            FR 80443). The 120 individuals have
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             via the link provided to the waiver page                                                                       held exemptions from the vision
                                             noted above.                                            I. Electronic Access                                   requirement in 49 CFR 391.41(b)(10) for
                                               Authority: 23 U.S.C. 313; Pub. L. 110–161,              You may submit comments using the                    drivers who operate CMVs in interstate
                                             23 CFR 635.410.                                         following Federal Docket Management                    commerce.
                                               Issued on: June 1, 2016.                              System (FDMS) Docket Nos. discussed                       Under 49 U.S.C. 31136(e) and 31315,
                                             Gregory G. Nadeau,                                      in this notice using any of the following              FMCSA may renew an exemption from
                                             Administrator, Federal Highway                          methods:                                               the vision requirements in 49 CFR
                                             Administration.                                           • Federal eRulemaking Portal: Go to                  391.41(b)(10), which applies to drivers
                                             [FR Doc. 2016–14142 Filed 6–14–16; 8:45 am]             http://www.regulations.gov. Follow the                 of CMVs in interstate commerce, for a
                                             BILLING CODE 4910–22–P
                                                                                                     on-line instructions for submitting                    two-year period if it finds ‘‘such
                                                                                                     comments.                                              exemption would likely achieve a level
                                                                                                       • Mail: Docket Management Facility;                  of safety that is equivalent to or greater
                                             DEPARTMENT OF TRANSPORTATION                            U.S. Department of Transportation, 1200                than the level that would be achieved
                                                                                                     New Jersey Avenue SE., West Building                   absent such exemption.’’ The
                                             Federal Motor Carrier Safety                            Ground Floor, Room W12–140,                            procedures for requesting an exemption
                                             Administration                                          Washington, DC 20590–0001.                             (including renewals) are set out in 49
                                             [Docket No. FMCSA–1999–6156; FMCSA–                       • Hand Delivery: West Building                       CFR part 381.
                                             2000–7918; FMCSA–2001–10578; FMCSA–                     Ground Floor, Room W12–140, 1200                       III. Request for Comments
                                             2003–15268; FMCSA–2003–15892; FMCSA–                    New Jersey Avenue SE., Washington,
                                             2005–21711; FMCSA–2005–22194; FMCSA–                    DC, between 9 a.m. and 5 p.m., Monday                    Interested parties or organizations
                                             2005–22727; FMCSA–2006–24783; FMCSA–                    through Friday, except Federal                         possessing information that would
                                             2006–25246; FMCSA–2007–0017; FMCSA–                     Holidays.                                              otherwise show that any, or all, of these
                                             2007–26653; FMCSA–2007–27897; FMCSA–                      • Fax: 1–202–493–2251.                               drivers are not currently achieving the
                                             2009–0154; FMCSA–2009–0303; FMCSA–
                                                                                                       Instructions: Each submission must                   statutory level of safety should
                                             2010–0082; FMCSA–2011–0142; FMCSA–
                                             2011–0189; FMCSA–2011–0275; FMCSA–                      include the Agency name and the                        immediately notify FMCSA. The
                                             2011–0298; FMCSA–2011–0299; FMCSA–                      docket numbers for this notice. Note                   Agency will evaluate any adverse
                                             2011–26690; FMCSA–2013–0027; FMCSA–                     that all comments received will be                     evidence submitted and, if safety is
                                             2013–0029; FMCSA–2013–0030; FMCSA–                      posted without change to http://                       being compromised or if continuation of
                                             2013–0165; FMCSA–2013–0166; FMCSA–                      www.regulations.gov, including any                     the exemption would not be consistent
ehiers on DSK5VPTVN1PROD with NOTICES




                                             2013–0167; FMCSA–2013–0168; FMCSA–                      personal information provided. Please                  with the goals and objectives of 49
                                             2013–0169; FMCSA–2013–0170]                             see the Privacy Act heading below for                  U.S.C. 31136(e) and 31315, FMCSA will
                                                                                                     further information.                                   take immediate steps to revoke the
                                             Qualification of Drivers; Exemption
                                                                                                       Docket: For access to the docket to                  exemption of a driver. FMCSA
                                             Applications; Vision
                                                                                                     read background documents or                           encourages you to participate by
                                             AGENCY:Federal Motor Carrier Safety                     comments, go to http://                                submitting comments and related
                                             Administration (FMCSA), DOT.                            www.regulations.gov at any time or                     materials.


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Document Created: 2016-06-15 02:21:29
Document Modified: 2016-06-15 02:21:29
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 June 16, 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 39097 

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