81_FR_39864 81 FR 39747 - Buy America Waiver Notification

81 FR 39747 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

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

Page Range39747-39748
FR Document2016-14393

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic Voith 21/R5 propulsion units compatible with domestic Caterpillar engine 3512C/1600 rpm in the State of Virginia.

Federal Register, Volume 81 Issue 117 (Friday, June 17, 2016)
[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39747-39748]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14393]


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

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 Voith 
21/R5 propulsion units compatible with domestic Caterpillar engine 
3512C/1600 rpm in the State of Virginia.

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 Voith 21/R5 propulsion units 
compatible with domestic Caterpillar engine 3512C/1600 rpm for a new 
Jamestown Ferry vessel in the State of Virginia.
    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 
(http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=124) on 
April 21. 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 Voith 21/R5 propulsion units 
compatible with domestic Caterpillar engine 3512C/1600

[[Page 39748]]

rpm for a new ferry boat in the State of Virginia.
    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. 2016-14393 Filed 6-16-16; 8:45 am]
 BILLING CODE 4910-22-P



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                                                than 150 days for filing such claim, then               were taken, are described in the                       that a Buy America waiver is
                                                that shorter time period still applies.                 Environmental Assessment (EA) with a                   appropriate for the use of non-domestic
                                                FOR FURTHER INFORMATION CONTACT: For                    Finding of No Significant Impact                       Voith 21/R5 propulsion units
                                                Caltrans: James Shankel, Senior                         (FONSI) for the project, approved on                   compatible with domestic Caterpillar
                                                Environmental Planner, California                       May 4, 2016, and in other documents in                 engine 3512C/1600 rpm in the State of
                                                Department of Transportation District 8,                the project records. The EA/FONSI, and                 Virginia.
                                                Division of Environmental Planning,                     other project records are available by                 DATES: The effective date of the waiver
                                                464 West 4th Street, 6th Floor, MS 827,                 contacting Caltrans at the address                     is June 20, 2016.
                                                San Bernardino, California, 92401–1400,                 provided above. This notice applies to                 FOR FURTHER INFORMATION CONTACT: For
                                                during normal business hours from 8:00                  all Federal agency decisions as of the                 questions about this notice, please
                                                a.m. to 5:00 p.m., telephone (909) 383–                 issuance date of this notice and all laws              contact Mr. Gerald Yakowenko, FHWA
                                                6379, or email James.Shankel@                           under which such actions were taken,                   Office of Program Administration, (202)
                                                dot.ca.gov.                                             including but not limited to:                          366–1562, or via email at
                                                SUPPLEMENTARY INFORMATION: Effective
                                                                                                           1. Council on Environmental Quality                 gerald.yakowenko@dot.gov. For legal
                                                July 1, 2007, the Federal Highway                       regulations;                                           questions, please contact Mr. William
                                                                                                           2. National Environmental Policy Act
                                                Administration (FHWA) assigned, and                                                                            Winne, FHWA Office of the Chief
                                                                                                        (NEPA) (42 U.S.C. 4321 et seq.);
                                                the California Department of                               3. Federal Aid Highway Act of 1970;                 Counsel, (202) 366–1397, or via email at
                                                Transportation (Caltrans) assumed,                         4. Moving Ahead for Progress in the                 William.Winne@dot.gov. Office hours
                                                environmental responsibilities for this                 21st Century Act (MAP–21, Pub. L. 112–                 for the FHWA are from 8:00 a.m. to 4:30
                                                project pursuant to 23 U.S.C. 327.                      141);                                                  p.m., E.T., Monday through Friday,
                                                Notice is hereby given that Caltrans and                   5. Clean Air Act Amendments of                      except Federal holidays.
                                                USFWS have taken final agency actions                   1990;                                                  SUPPLEMENTARY INFORMATION:
                                                subject to 23 U.S.C. 139(l)(1) by issuing                  6. Noise Control Act of 1979;
                                                licenses, permits, and approvals for the                   7. 23 CFR part 772 FHWA Noise                       Electronic Access
                                                following highway project in the State                  Standards, Policies and Procedures;                      An electronic copy of this document
                                                of California: Construction of one or two                  8. Department of Transportation Act                 may be downloaded from the Federal
                                                tolled express lanes in each direction on               of 1966, Section 4(f);                                 Register’s home page at: http://
                                                I–15 in Riverside County between PM                        9. Clean Water Act of 1977 and 1987;                www.archives.gov and the Government
                                                36.8 and PM 51.4. Sign improvements                        10. Endangered Species Act of 1973;                 Printing Office’s database at: http://
                                                would also be made to inform and guide                     11. Migratory Bird Treaty Act;                      www.access.gpo.gov/nara.
                                                users of the new tolled express lanes.                     12. National Historic Preservation Act
                                                                                                        of 1966, as amended;                                   Background
                                                Advanced signage is required to be
                                                posted at a minimum of two miles prior                     13. Historic Sites Act of 1935;                        The FHWA’s Buy America policy in
                                                                                                           14. Executive Order 11990—                          23 CFR 635.410 requires a domestic
                                                to the start of the tolled express lanes.
                                                                                                        Protection of Wetlands;                                manufacturing process for any steel or
                                                The project limits for the signage extend                  15. Executive Order 12898—
                                                from PM 34.7 in Riverside County to PM                                                                         iron products (including protective
                                                                                                        Environmental Justice;                                 coatings) that are permanently
                                                1.3 in San Bernardino County. The                          16. Executive Order 13112—Invasive
                                                Build Alternative would specifically                                                                           incorporated in a Federal-aid
                                                                                                        Species;
                                                provide one tolled express lane in each                    17. Uniform Relocation Assistance                   construction project. The regulation also
                                                direction from Cajalco Road to Hidden                   and Real Property Acquisition Act of                   provides for a waiver of the Buy
                                                Valley Parkway, provide two tolled                      1970;                                                  America requirements when the
                                                express lanes in each direction from                                                                           application would be inconsistent with
                                                                                                        (Catalog of Federal Domestic Assistance                the public interest or when satisfactory
                                                Hidden Valley Parkway northbound and
                                                                                                        Program Number 20.205, Highway Planning
                                                Second Street southbound (Norco) to                                                                            quality domestic steel and iron products
                                                                                                        and Construction. The regulations
                                                Cantu Galleano Ranch Road (Eastvale/                    implementing Executive Order 12372                     are not sufficiently available. This
                                                Jurupa Valley), and construct one tolled                regarding intergovernmental consultation on            notice provides information regarding
                                                express lane in each direction from                     Federal programs and activities apply to this          FHWA’s finding that a Buy America
                                                Cantu Galleano Ranch Road (Eastvale/                    program.)                                              waiver is appropriate for use of non-
                                                Jurupa Valley) to SR–60, with isolated                                                                         domestic Voith 21/R5 propulsion units
                                                                                                          Authority: 23 U.S.C. 139(l)(1)
                                                outside widening at Riverside Avenue                                                                           compatible with domestic Caterpillar
                                                to maintain lane balance for the SR–60                  Shawn E. Oliver,                                       engine 3512C/1600 rpm for a new
                                                West Bound loop connector.                              Team Leader, Program Development, Federal              Jamestown Ferry vessel in the State of
                                                   The total length of the express lanes                Highway Administration, Sacramento, CA.                Virginia.
                                                is approximately 14.6 miles. The                        [FR Doc. 2016–14391 Filed 6–16–16; 8:45 am]               In accordance with Division K,
                                                purpose of the I–15 Express Lanes                       BILLING CODE 4910–RY–P                                 section 122 of the ‘‘Consolidated and
                                                Project is to improve existing and future                                                                      Further Continuing Appropriations Act,
                                                traffic operations and mainline travel                                                                         2015’’ (Pub. L. 113–235), FHWA
                                                times, expand travel choice, increase                   DEPARTMENT OF TRANSPORTATION                           published a notice of intent to issue a
                                                travel time reliability, and expand tolled                                                                     waiver on its Web site (http://
                                                express lane network. The lane                          Federal Highway Administration                         www.fhwa.dot.gov/construction/
                                                improvements are located within                                                                                contracts/waivers.cfm?id=124) on April
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                                                Riverside County, California, and from                  Buy America Waiver Notification                        21. The FHWA received no comments
                                                south to north run through the cities of                AGENCY: Federal Highway                                in response to the publication. Based on
                                                Corona, Norco, Eastvale, and Jurupa                     Administration (FHWA), DOT.                            all the information available to the
                                                Valley and portions of unincorporated                   ACTION: Notice.                                        agency, FHWA concludes that there are
                                                Riverside County.                                                                                              no domestic manufacturers Voith 21/R5
                                                   The actions by the Federal agencies,                 SUMMARY:  This notice provides                         propulsion units compatible with
                                                and the laws under which such actions                   information regarding FHWA’s finding                   domestic Caterpillar engine 3512C/1600


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                                                39748                           Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices

                                                rpm for a new ferry boat in the State of                (DOT) Docket Operations Facility, 1200                 DEPARTMENT OF TRANSPORTATION
                                                Virginia.                                               New Jersey Avenue SE., W12–140,
                                                   In accordance with the provisions of                 Washington, DC 20590. The Docket                       Federal Railroad Administration
                                                section 117 of the SAFETEA–LU                           Operations Facility is open from 9 a.m.
                                                Technical Corrections Act of 2008 (Pub.                 to 5 p.m., Monday through Friday,                      [Docket Number FRA–2002–12268]
                                                L. 110–244, 122 Stat. 1572), FHWA is                    except Federal Holidays.
                                                providing this notice as its finding that                                                                      Petition for Waiver of Compliance
                                                                                                           Interested parties are invited to
                                                a waiver of Buy America requirements                    participate in these proceedings by                      In accordance with part 211 of Title
                                                is appropriate. The FHWA invites                        submitting written views, data, or                     49 Code of Federal Regulations (CFR),
                                                public comment on this finding for an                   comments. FRA does not anticipate                      this document provides the public
                                                additional 15 days following the                        scheduling a public hearing in                         notice that by a document dated May
                                                effective date of the finding. Comments                 connection with these proceedings since                13, 2016, the Plymouth & Lincoln
                                                may be submitted to FHWA’s Web site                     the facts do not appear to warrant a                   Railroad (PLL) has petitioned the
                                                via the link provided to the waiver page                hearing. If any interested party desires               Federal Railroad Administration (FRA)
                                                noted above.                                            an opportunity for oral comment, they                  for a waiver of compliance from certain
                                                  Authority: 23 U.S.C. 313; Pub. L. 110–161,            should notify FRA, in writing, before                  provisions of the Federal railroad safety
                                                23 CFR 635.410.                                         the end of the comment period and                      regulations contained at 49 CFR part
                                                  Issued on: June 10, 2016.                             specify the basis for their request.                   219. FRA assigned the petition Docket
                                                Gregory G. Nadeau,                                         All communications concerning these                 Number FRA–2002–12268.
                                                                                                        proceedings should identify the                          PLL requests an extension of an
                                                Administrator, Federal Highway
                                                Administration.                                         appropriate docket number and may be                   existing waiver providing relief from 49
                                                                                                        submitted by any of the following                      CFR part 219, subparts D (Testing for
                                                [FR Doc. 2016–14393 Filed 6–16–16; 8:45 am]
                                                                                                        methods:                                               Cause), E (Identification of Troubled
                                                BILLING CODE 4910–22–P
                                                                                                           • Web site: http://                                 Employees), F (Pre-Employment Tests),
                                                                                                        www.regulations.gov. Follow the online                 and G (Random Alcohol and Drug
                                                DEPARTMENT OF TRANSPORTATION                            instructions for submitting comments.                  Testing Programs).
                                                                                                                                                                 A copy of the petition, as well as any
                                                                                                           • Fax: 202–493–2251.                                written communications concerning the
                                                Federal Railroad Administration
                                                                                                           • Mail: Docket Operations Facility,                 petition, is available for review online at
                                                [Docket Number FRA–2016–0057]                           U.S. Department of Transportation, 1200                www.regulations.gov and in person at
                                                                                                        New Jersey Avenue SE., W12–140,                        the Department of Transportation’s
                                                Notice of Application for Approval of                   Washington, DC 20590.                                  Docket Operations Facility, 1200 New
                                                Discontinuance or Modification of a
                                                                                                           • Hand Delivery: 1200 New Jersey                    Jersey Avenue SE., W12–140,
                                                Railroad Signal System
                                                                                                        Avenue SE., Room W12–140,                              Washington, DC 20590. The Docket
                                                  In accordance with part 235 of Title                  Washington, DC 20590, between 9 a.m.                   Operations Facility is open from 9 a.m.
                                                49 Code of Federal Regulations (CFR)                    and 5 p.m., Monday through Friday,                     to 5 p.m., Monday through Friday,
                                                and 49 U.S.C. 20502(a), this document                   except Federal Holidays.                               except Federal Holidays.
                                                provides the public notice that by a                       Communications received by August                     Interested parties are invited to
                                                document dated May 23, 2016, Norfolk                    1, 2016 will be considered by FRA                      participate in these proceedings by
                                                Southern Railway (NS) petitioned the                    before final action is taken. Comments                 submitting written views, data, or
                                                Federal Railroad Administration (FRA)                   received after that date will be                       comments. FRA does not anticipate
                                                seeking approval for the discontinuance                 considered as far as practicable.                      scheduling a public hearing in
                                                or modification of a signal system. FRA                    Anyone is able to search the                        connection with these proceedings since
                                                assigned the petition Docket Number                     electronic form of any written                         the facts do not appear to warrant a
                                                FRA–2016–0057.                                          communications and comments                            hearing. If any interested party desires
                                                  Applicant: Norfolk Southern Railway;                  received into any of our dockets by the                an opportunity for oral comment and a
                                                Mr. B.L. Sykes, Chief Engineer, C&S                     name of the individual submitting the                  public hearing, they should notify FRA,
                                                Engineering, 1200 Peachtree Street NE.,                 comment (or signing the document, if                   in writing, before the end of the
                                                Atlanta, GA 30309.                                      submitted on behalf of an association,                 comment period and specify the basis
                                                  NS seeks approval of the modification                 business, labor union, etc.). In                       for their request.
                                                of power-operated Switch 17 at Control                  accordance with 5 U.S.C. 553(c), DOT                     All communications concerning these
                                                Point (CP) MO, Milepost (MP) PT 250.5                   solicits comments from the public to                   proceedings should identify the
                                                on the NS Pittsburgh Line at Cresson,                   better inform its processes. DOT posts                 appropriate docket number and may be
                                                PA.                                                     these comments, without edit, including                submitted by any of the following
                                                  Switch 17 will be converted to a                      any personal information the                           methods:
                                                hand-operated switch with an electric                   commenter provides, to                                   • Web site: http://
                                                lock. Signal 12W will be moved west,                    www.regulations.gov, as described in                   www.regulations.gov. Follow the online
                                                placing the converted switch outside of                 the system of records notice (DOT/ALL–                 instructions for submitting comments.
                                                the limits of CP MO. The method of                      14 FDMS), which can be reviewed at                       • Fax: 202–493–2251.
                                                operation on main tracks 1 and 3 will                   www.dot.gov/privacy. See also http://                    • Mail: Docket Operations Facility,
                                                be NS Operating Rule 261.                                                                                      U.S. Department of Transportation, 1200
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                                                                                                        www.regulations.gov/#!privacyNotice
                                                  These changes are being proposed to                   for the privacy notice of regulations.gov.             New Jersey Avenue SE., W12–140,
                                                improve operations in the area.                                                                                Washington, DC 20590.
                                                  A copy of the petition, as well as any                Robert C. Lauby,                                         • Hand Delivery: 1200 New Jersey
                                                written communications concerning the                   Associate Administrator for Railroad Safety,           Avenue SE., Room W12–140,
                                                petition, is available for review online at             Chief Safety Officer.                                  Washington, DC 20590, between 9 a.m.
                                                www.regulations.gov and in person at                    [FR Doc. 2016–14324 Filed 6–16–16; 8:45 am]            and 5 p.m., Monday through Friday,
                                                the U.S. Department of Transportation’s                 BILLING CODE 4910–06–P                                 except Federal Holidays.


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Document Created: 2016-06-17 01:05:13
Document Modified: 2016-06-17 01:05:13
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 39747 

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