81_FR_39863 81 FR 39746 - Buy America Waiver Notification

81 FR 39746 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 117 (June 17, 2016)

Page Range39746-39746
FR Document2016-14392

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic 10'' and 19'' Type MBT Lined Brake shoe, 10'' and 19'' Brake bearing assembly kit, 19'' Type MBT for restoration of electrical and mechanical systems of the Metropolitan Avenue Bridge over English Kills in New York City, NY.

Federal Register, Volume 81 Issue 117 (Friday, June 17, 2016)
[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Page 39746]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14392]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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

SUMMARY: This notice provides information regarding FHWA's finding that 
a Buy America waiver is appropriate for the use of non-domestic 10'' 
and 19'' Type MBT Lined Brake shoe, 10'' and 19'' Brake bearing 
assembly kit, 19'' Type MBT for restoration of electrical and 
mechanical systems of the Metropolitan Avenue Bridge over English Kills 
in New York City, NY.

DATES: The effective date of the waiver is June 20, 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 Mr. 
William Winne, FHWA Office of the Chief Counsel, (202) 366-1397, 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 10'' and 19'' Type MBT Lined Brake 
shoe, 10'' and 19'' Brake bearing assembly kit, 19'' Type MBT for 
restoration of electrical and mechanical systems of the Metropolitan 
Avenue Bridge over English Kills in New York City, NY.
    In accordance with Division K, section 122 of the ``Consolidated 
and Further Continuing Appropriations Act, 2015'' (Pub. L. 113-235), 
FHWA published a notice of intent to issue a waiver on its Web site; 
(https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=123) on 
April 20th. 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 10'' and 19'' 
Type MBT Lined Brake shoe, 10'' and 19'' Brake bearing assembly kit, 
19'' Type MBT for restoration of electrical and mechanical systems of 
the Metropolitan Avenue Bridge over English Kills in New York City, NY.
    In accordance with the provisions of section 117 of the SAFETEA-LU 
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), 
FHWA is providing this notice as its finding 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 10, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-14392 Filed 6-16-16; 8:45 am]
 BILLING CODE 4910-22-P



                                                39746                           Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices

                                                FONSI can be viewed and downloaded                      assembly kit, 19″ Type MBT for                         and 19″ Brake bearing assembly kit, 19″
                                                from the project Web site at http://                    restoration of electrical and mechanical               Type MBT for restoration of electrical
                                                www.dot.ca.gov/dist8/Project-SR-60-                     systems of the Metropolitan Avenue                     and mechanical systems of the
                                                Truck-Climbing.html. This notice                        Bridge over English Kills in New York                  Metropolitan Avenue Bridge over
                                                applies to all Federal agency decisions                 City, NY.                                              English Kills in New York City, NY.
                                                as of the issuance date of this notice and              DATES: The effective date of the waiver                   In accordance with the provisions of
                                                all laws under which such actions were                  is June 20, 2016.                                      section 117 of the SAFETEA–LU
                                                taken, including but not limited to:                    FOR FURTHER INFORMATION CONTACT: For                   Technical Corrections Act of 2008 (Pub.
                                                   1. Council on Environmental Quality                  questions about this notice, please                    L. 110–244, 122 Stat. 1572), FHWA is
                                                regulations;                                            contact Mr. Gerald Yakowenko, FHWA                     providing this notice as its finding that
                                                   2. National Environmental Policy Act                 Office of Program Administration, (202)                a waiver of Buy America requirements
                                                (NEPA) (42 U.S.C. 4321 et seq.);                        366–1562, or via email at                              is appropriate. The FHWA invites
                                                   3. Federal Aid Highway Act of 1970;                  gerald.yakowenko@dot.gov. For legal                    public comment on this finding for an
                                                   4. Moving Ahead for Progress in the                                                                         additional 15 days following the
                                                                                                        questions, please contact Mr. William
                                                21st Century Act (MAP–21, Pub. L. 112–                                                                         effective date of the finding. Comments
                                                                                                        Winne, FHWA Office of the Chief
                                                141);                                                                                                          may be submitted to FHWA’s Web site
                                                                                                        Counsel, (202) 366–1397, or via email at
                                                   5. Clean Air Act Amendments of                                                                              via the link provided to the waiver page
                                                                                                        William.Winne@dot.gov. Office hours
                                                1990;                                                                                                          noted above.
                                                   6. Noise Control Act of 1979;                        for the FHWA are from 8:00 a.m. to 4:30
                                                   7. 23 CFR part 772 FHWA Noise                        p.m., E.T., Monday through Friday,                       Authority: 23 U.S.C. 313; Pub. L. 110–161,
                                                Standards, Policies and Procedures;                     except Federal holidays.                               23 CFR 635.410
                                                   8. Department of Transportation Act                  SUPPLEMENTARY INFORMATION:                               Issued on: June 10, 2016.
                                                of 1966, Section 4(f);                                  Electronic Access                                      Gregory G. Nadeau,
                                                   9. Clean Water Act of 1977 and 1987;                                                                        Administrator, Federal Highway
                                                   10. Endangered Species Act of 1973;                    An electronic copy of this document                  Administration.
                                                   11. Migratory Bird Treaty Act;                       may be downloaded from the Federal                     [FR Doc. 2016–14392 Filed 6–16–16; 8:45 am]
                                                   12. National Historic Preservation Act               Register’s home page at: http://
                                                                                                                                                               BILLING CODE 4910–22–P
                                                of 1966, as amended;                                    www.archives.gov and the Government
                                                   13. Historic Sites Act of 1935;                      Printing Office’s database at: http://
                                                   14. Executive Order 11990—                           www.access.gpo.gov/nara.                               DEPARTMENT OF TRANSPORTATION
                                                Protection of Wetlands;                                 Background
                                                   15. Executive Order 12898—                                                                                  Federal Highway Administration
                                                Environmental Justice;                                     The FHWA’s Buy America policy in
                                                   16. Executive Order 13112—Invasive                   23 CFR 635.410 requires a domestic                     Notice of Final Federal Agency Actions
                                                Species;                                                manufacturing process for any steel or                 on Proposed Highway in California
                                                   17. Uniform Relocation Assistance                    iron products (including protective
                                                                                                        coatings) that are permanently                         AGENCY:  Federal Highway
                                                and Real Property Acquisition Act of
                                                                                                        incorporated in a Federal-aid                          Administration (FHWA), DOT.
                                                1970;
                                                                                                        construction project. The regulation also              ACTION: Notice of Limitation on Claims
                                                (Catalog of Federal Domestic Assistance
                                                                                                        provides for a waiver of the Buy                       for Judicial Review of Actions by the
                                                Program Number 20.205, Highway Planning
                                                and Construction. The regulations                       America requirements when the                          California Department of Transportation
                                                implementing Executive Order 12372                      application would be inconsistent with                 (Caltrans), pursuant to 23 U.S.C. 327,
                                                regarding intergovernmental consultation on             the public interest or when satisfactory               and the United States Fish and Wildlife
                                                Federal programs and activities apply to this           quality domestic steel and iron products               Service (USFWS).
                                                program.)                                               are not sufficiently available. This
                                                                                                        notice provides information regarding                  SUMMARY:   The FHWA, on behalf of
                                                   Authority: 23 U.S.C. 139(l)(1).                                                                             Caltrans, is issuing this notice to
                                                                                                        FHWA’s finding that a Buy America
                                                Shawn E. Oliver,                                        waiver is appropriate for use of non-                  announce actions taken by Caltrans, and
                                                Team Leader, Program Development, Federal               domestic 10″ and 19″ Type MBT Lined                    USFWS, that are final within the
                                                Highway Administration, Sacramento, CA.                 Brake shoe, 10″ and 19″ Brake bearing                  meaning of 23 U.S.C. 139(l)(1). The
                                                [FR Doc. 2016–14390 Filed 6–16–16; 8:45 am]             assembly kit, 19″ Type MBT for                         actions relate to a proposed highway
                                                BILLING CODE 4910–RY–P                                  restoration of electrical and mechanical               project on Interstate 15 from Cajalco
                                                                                                        systems of the Metropolitan Avenue                     Road, Post Mile (PM) 36.8 to State Route
                                                                                                        Bridge over English Kills in New York                  60 (SR–60) PM 51.4 through the cities
                                                DEPARTMENT OF TRANSPORTATION                            City, NY.                                              of Corona, Norco, Eastvale, and Jurupa
                                                                                                           In accordance with Division K,                      Valley, and portions of incorporated
                                                Federal Highway Administration                          section 122 of the ‘‘Consolidated and                  Riverside County, State of California.
                                                                                                        Further Continuing Appropriations Act,                 Those actions grant licenses, permits,
                                                Buy America Waiver Notification                         2015’’ (Pub. L. 113–235), FHWA                         and approvals for the project.
                                                AGENCY: Federal Highway                                 published a notice of intent to issue a                DATES: By this notice, the FHWA, on
                                                Administration (FHWA), DOT.                             waiver on its Web site; (https://                      behalf of Caltrans, is advising the public
                                                                                                        www.fhwa.dot.gov/construction/                         of final agency actions subject to 23
sradovich on DSK3TPTVN1PROD with NOTICES




                                                ACTION: Notice.
                                                                                                        contracts/waivers.cfm?id=123) on April                 U.S.C. 139(l)(1). A claim seeking
                                                SUMMARY:   This notice provides                         20th. The FHWA received no comments                    judicial review of the Federal agency
                                                information regarding FHWA’s finding                    in response to the publication. Based on               actions on the highway project will be
                                                that a Buy America waiver is                            all the information available to the                   barred unless the claim is filed on or
                                                appropriate for the use of non-domestic                 agency, FHWA concludes that there are                  before November 14, 2016. If the Federal
                                                10″ and 19″ Type MBT Lined Brake                        no domestic manufacturers of 10″ and                   law that authorizes judicial review of a
                                                shoe, 10″ and 19″ Brake bearing                         19″ Type MBT Lined Brake shoe, 10″                     claim provides a time period of less


                                           VerDate Sep<11>2014   16:48 Jun 16, 2016   Jkt 238001   PO 00000   Frm 00123   Fmt 4703   Sfmt 4703   E:\FR\FM\17JNN1.SGM   17JNN1



Document Created: 2016-06-17 01:05:21
Document Modified: 2016-06-17 01:05:21
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 20, 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 Mr. William Winne, FHWA Office of the Chief Counsel, (202) 366-1397, 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 39746 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR