81_FR_50933 81 FR 50785 - Buy America Waiver Notification

81 FR 50785 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 148 (August 2, 2016)

Page Range50785-50786
FR Document2016-18270

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the obligation of Federal-aid funds for 49 State projects involving the acquisition of vehicles and equipment on the condition that they be assembled in the U.S.

Federal Register, Volume 81 Issue 148 (Tuesday, August 2, 2016) 
[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Notices]
[Pages 50785-50786]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18270]


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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 obligation of Federal-aid 
funds for 49 State projects involving the acquisition of vehicles and 
equipment on the condition that they be assembled in the U.S.

DATES: The effective date of the waiver is August 3, 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

    This notice provides information regarding FHWA's finding that a 
Buy America waiver is appropriate for the obligation of Federal-aid 
funds for 49 State projects involving the acquisition of vehicles 
(including sedans, vans, pickups, trucks, buses, and street sweepers) 
and equipment (such as trail grooming equipment) on the condition that 
they be assembled in the U.S. The waiver would apply to approximately 
196 vehicles and equipment acquisitions. The requests for the first 
quarter of calendar year 2016, available at http://www.fhwa.dot.gov/construction/contracts/cmaq160517.cfm, are incorporated by reference 
into this notice. These projects are being undertaken to implement air 
quality improvement, safety, and mobility goals under FHWA's Congestion 
Mitigation and Air Quality Improvement Program and the Recreational 
Trails Program.
    Title 23, Code of Federal Regulations, section 635.410 requires 
that steel or iron materials (including protective coatings) that will 
be permanently incorporated in a Federal-aid project must be 
manufactured in the U.S. For FHWA, this means that all the processes 
that modified the chemical content, physical shape or size, or final 
finish of the material (from initial melting and mixing, continuing 
through the bending and coating) occurred in the U.S. The statute and 
regulations create a process for granting waivers from the Buy America 
requirements when its application would be inconsistent with the public 
interest or when satisfactory quality domestic steel and iron products 
are not sufficiently available. In 1983, FHWA determined that it was 
both in the public interest and consistent with the legislative intent 
to waive Buy America for manufactured products other than steel 
manufactured products. However, FHWA's national waiver for manufactured 
products does not apply to the requests in this notice because they 
involve predominately steel and iron manufactured products. The FHWA's 
Buy America requirements do not have special provisions for applying 
Buy America to ``rolling stock'' such as vehicles or vehicle components 
(see 49 U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and 49 U.S.C. 
24405(a)(2)(C) for examples of Buy America rolling stock provisions for 
other DOT agencies).
    Based on all the information available to the agency, FHWA 
concludes that there are no domestic manufacturers that produce the 
vehicles and vehicle components identified in this notice in such a way 
that their steel and iron elements are manufactured domestically. The 
FHWA's Buy America requirements were tailored to the types of products 
that are typically used in highway construction, which generally meet 
the requirement that steel and iron materials be manufactured 
domestically. In today's global industry, vehicles are assembled with 
iron and steel components that are manufactured all over the world. The 
FHWA is not aware of any domestically produced vehicle on the market 
that meets FHWA's Buy America requirement to have all its iron and 
steel be manufactured exclusively in the U.S. For example, the 
Chevrolet Volt, which was identified by many commenters in a November 
21, 2011, Federal Register Notice (76 FR 72027) as a car that is made 
in the U.S., is comprised of only 45 percent of U.S. and Canadian 
content according to the National Highway Traffic Safety 
Administration's Part 583 American Automobile Labeling Act Report Web 
page (http://www.nhtsa.gov/Laws+&+Regulations/Part+583+American+Automobile+Labeling+Act+(AALA)+Reports). Moreover, 
there is no indication of how much of this 45 percent content is U.S.-
manufactured (from initial melting and mixing) iron and steel content.
    In accordance with Division K, section 122 of the ``Consolidated 
and Further Continuing Appropriations Act, 2015'' (Pub. L. 113-235), 
FHWA published a notice of intent to issue a waiver on its Web site at 
http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=126 on 
May 17. The FHWA received no comments in response to the publication.
    Based on FHWA's conclusion that there are no domestic manufacturers 
that can produce the vehicles and equipment identified in this notice 
in such a way that steel and iron materials are manufactured 
domestically, and after consideration of the comments received, FHWA 
finds that application of FHWA's Buy America requirements

[[Page 50786]]

to these products is inconsistent with the public interest (23 U.S.C. 
313(b)(1) and 23 CFR 635.410(c)(2)(i)). However, FHWA believes that it 
is in the public interest and consistent with the Buy America 
requirements to impose the condition that the vehicles and the vehicle 
components be assembled in the U.S. Requiring final assembly to be 
performed in the U.S. is consistent with past guidance to FHWA Division 
Offices on manufactured products (see Memorandum on Buy America Policy 
Response, Dec. 22, 1997, http://www.fhwa.dot.gov/programadmin/contracts/122297.cfm). A waiver of the Buy America requirement without 
any regard to where the vehicle is assembled would diminish the purpose 
of the Buy America requirement. Moreover, in today's economic 
environment, the Buy America requirement is especially significant in 
that it will ensure that Federal Highway Trust Fund dollars are used to 
support and create jobs in the U.S. This approach is similar to the 
conditional waivers previously given for various vehicle projects. 
Thus, so long as the final assembly of the 49 State projects occurs in 
the U.S., applicants to this waiver request may proceed to purchase 
these vehicles and equipment consistent with the Buy America 
requirement.
    In accordance with the provisions of section 117 of the ``Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Technical Corrections Act of 2008'' (P.L. 110-244), FHWA is 
providing this notice of its finding that a public interest waiver of 
Buy America requirements is appropriate on the condition that the 
vehicles and equipment identified in the notice be assembled in the 
U.S. The FHWA invites public comment on this finding for an additional 
15 days following the effective date of the finding. Comments may be 
submitted to FHWA's Web site via the link provided to the waiver page 
noted above.

    Authority:  23 U.S.C. 313; P.L. 110-161, 23 CFR 635.410

    Issued on: July 22, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-18270 Filed 8-1-16; 8:45 am]
 BILLING CODE 4910-22-P

Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Notices 50785 notice (DOT/ALL–14 FDMS), which can gerald.yakowenko@dot.gov. For legal to the requests in this notice because be reviewed at http://www.dot.gov/ questions, please contact Mr. William they involve predominately steel and privacy. Winne, FHWA Office of the Chief iron manufactured products. The Docket: Background documents or Counsel, 202–366–1397, or via email at FHWA’s Buy America requirements do comments received may be read at William.Winne@dot.gov. Office hours not have special provisions for applying http://www.regulations.gov at any time. for the FHWA are from 8:00 a.m. to 4:30 Buy America to ‘‘rolling stock’’ such as Follow the online instructions for p.m., e.t., Monday through Friday, vehicles or vehicle components (see 49 accessing the docket or go to the Docket except Federal holidays. U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and Operations in Room W12–140 of the SUPPLEMENTARY INFORMATION: 49 U.S.C. 24405(a)(2)(C) for examples of West Building Ground Floor at 1200 Buy America rolling stock provisions for New Jersey Avenue SE., Washington, Electronic Access other DOT agencies). DC, between 9 a.m. and 5 p.m., Monday An electronic copy of this document Based on all the information available through Friday, except Federal holidays. may be downloaded from the Federal to the agency, FHWA concludes that FOR FURTHER INFORMATION CONTACT: Paul Register’s home page at http:// there are no domestic manufacturers Pellicano (404) 474–5558, Small www.archives.gov and the Government that produce the vehicles and vehicle Airplane Directorate, Regulations and Printing Office’s database at http:// components identified in this notice in Policy, ACE–111, 901 Locust, Kansas www.access.gpo.gov/nara. such a way that their steel and iron City, KS 64106. elements are manufactured Background This notice is published pursuant to domestically. The FHWA’s Buy America 14 CFR 11.85. This notice provides information requirements were tailored to the types regarding FHWA’s finding that a Buy of products that are typically used in Issued in Washington, DC, on July 8, 2016. America waiver is appropriate for the highway construction, which generally Dale Bouffiou, obligation of Federal-aid funds for 49 meet the requirement that steel and iron Acting Director, Office of Rulemaking. State projects involving the acquisition materials be manufactured domestically. Petition for Exemption of vehicles (including sedans, vans, In today’s global industry, vehicles are pickups, trucks, buses, and street assembled with iron and steel Docket No.: FAA–2016–7399. sweepers) and equipment (such as trail components that are manufactured all Petitioner: Diamond Aircraft grooming equipment) on the condition over the world. The FHWA is not aware Industries GmbH. that they be assembled in the U.S. The of any domestically produced vehicle Section(s) of 14 CFR Affected: waiver would apply to approximately on the market that meets FHWA’s Buy 23.1419(a). 196 vehicles and equipment America requirement to have all its iron Description of Relief Sought: This acquisitions. The requests for the first and steel be manufactured exclusively exemption, if granted, would exempt quarter of calendar year 2016, available in the U.S. For example, the Chevrolet the Diamond Aircraft Industries, model at http://www.fhwa.dot.gov/ Volt, which was identified by many DA 62 airplane from the 61-knot construction/contracts/cmaq commenters in a November 21, 2011, maximum landing configuration stall 160517.cfm, are incorporated by Federal Register Notice (76 FR 72027) speed requirement with ice accretions reference into this notice. These projects as a car that is made in the U.S., is and will also have a landing are being undertaken to implement air comprised of only 45 percent of U.S. configuration stall speed, without ice quality improvement, safety, and and Canadian content according to the accretions, above 61 knots. mobility goals under FHWA’s National Highway Traffic Safety [FR Doc. 2016–18232 Filed 8–1–16; 8:45 am] Congestion Mitigation and Air Quality Administration’s Part 583 American BILLING CODE 4910–13–P Improvement Program and the Automobile Labeling Act Report Web Recreational Trails Program. page (http://www.nhtsa.gov/Laws+&+ Title 23, Code of Federal Regulations, Regulations/Part+583+American DEPARTMENT OF TRANSPORTATION section 635.410 requires that steel or +Automobile+Labeling+Act+(AALA)+ iron materials (including protective Reports). Moreover, there is no Federal Highway Administration coatings) that will be permanently indication of how much of this 45 Buy America Waiver Notification incorporated in a Federal-aid project percent content is U.S.-manufactured must be manufactured in the U.S. For (from initial melting and mixing) iron AGENCY: Federal Highway FHWA, this means that all the processes and steel content. Administration (FHWA), Department of that modified the chemical content, In accordance with Division K, Transportation (DOT). physical shape or size, or final finish of section 122 of the ‘‘Consolidated and ACTION: Notice. the material (from initial melting and Further Continuing Appropriations Act, mixing, continuing through the bending 2015’’ (Pub. L. 113–235), FHWA SUMMARY: This notice provides and coating) occurred in the U.S. The published a notice of intent to issue a information regarding FHWA’s finding statute and regulations create a process waiver on its Web site at http:// that a Buy America waiver is for granting waivers from the Buy www.fhwa.dot.gov/construction/ appropriate for the obligation of America requirements when its contracts/waivers.cfm?id=126 on May Federal-aid funds for 49 State projects application would be inconsistent with 17. The FHWA received no comments involving the acquisition of vehicles the public interest or when satisfactory in response to the publication. and equipment on the condition that quality domestic steel and iron products Based on FHWA’s conclusion that they be assembled in the U.S. are not sufficiently available. In 1983, there are no domestic manufacturers mstockstill on DSK3G9T082PROD with NOTICES DATES: The effective date of the waiver FHWA determined that it was both in that can produce the vehicles and is August 3, 2016. the public interest and consistent with equipment identified in this notice in FOR FURTHER INFORMATION CONTACT: For the legislative intent to waive Buy such a way that steel and iron materials questions about this notice, please America for manufactured products are manufactured domestically, and contact Mr. Gerald Yakowenko, FHWA other than steel manufactured products. after consideration of the comments Office of Program Administration, 202– However, FHWA’s national waiver for received, FHWA finds that application 366–1562, or via email at manufactured products does not apply of FHWA’s Buy America requirements VerDate Sep<11>2014 18:35 Aug 01, 2016 Jkt 238001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1

50786 Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Notices to these products is inconsistent with DEPARTMENT OF TRANSPORTATION Indian tribes. Eligible recipients of TTP the public interest (23 U.S.C. 313(b)(1) program funds include federally and 23 CFR 635.410(c)(2)(i)). However, Federal Transit Administration recognized Indian tribes, or Alaska FHWA believes that it is in the public [FTA Docket No. FTA–2016–0027] Native villages, groups, or communities interest and consistent with the Buy as identified by the Bureau of Indian America requirements to impose the Agency Information Collection Activity Affairs. The Federal Register notice condition that the vehicles and the Under OMB Review with a 60-day comment period soliciting vehicle components be assembled in the comments for the 49 U.S.C. Sections AGENCY: Federal Transit Administration, 5310 and 5311—Capital Assistance U.S. Requiring final assembly to be DOT. performed in the U.S. is consistent with Program for Elderly Persons and Persons ACTION: Notice of request for comments. with Disabilities and Non-urbanized past guidance to FHWA Division Offices on manufactured products (see Area Formula Program was published SUMMARY: In compliance with the on April 5, 2016 (Vol. 81, No. 65) pages Memorandum on Buy America Policy Paperwork Reduction Act of 1995 (44 19709–19710). No comments were Response, Dec. 22, 1997, http:// U.S.C. 3501 et seq.), this notice received from that notice. www.fhwa.dot.gov/programadmin/ announces that the Information DATES: Comments must be submitted contracts/122297.cfm). A waiver of the Collection Requirements (ICRs) before September 1, 2016. a comment to Buy America requirement without any abstracted below have been forwarded OMB is most effective, if OMB receives regard to where the vehicle is assembled to the Office of Management and Budget it within 30 days of publication. would diminish the purpose of the Buy (OMB) for review and comment. The Estimated Total Burden: 45,087 hours. America requirement. Moreover, in ICRs describes the nature of the ADDRESSES: All written comments today’s economic environment, the Buy information collection and the expected must refer to the docket number that America requirement is especially burdens. appears at the top of this document and significant in that it will ensure that FOR FURTHER INFORMATION CONTACT: Tia be submitted to the Office of Federal Highway Trust Fund dollars are Swain, Office of Administration, Office Information and Regulatory Affairs, used to support and create jobs in the of Management Planning, (202) 366– Office of Management and Budget, 725 U.S. This approach is similar to the 0354. 17th Street NW., Washington, DC 20503, conditional waivers previously given for SUPPLEMENTARY INFORMATION: Attention: FTA Desk Officer. various vehicle projects. Thus, so long Title: 49 U.S.C. Sections 5310 and Comments are Invited On: Whether as the final assembly of the 49 State 5311—Capital Assistance Program for the proposed collection of information projects occurs in the U.S., applicants to Elderly Persons and Persons with is necessary for the proper performance this waiver request may proceed to Disabilities and Non-Urbanized Area of the functions of the Department, purchase these vehicles and equipment Formula Program: (OMB Number 2132– including whether the information will consistent with the Buy America 0500) have practical utility; the accuracy of requirement. Abstract: 49 U.S.C. 5310—Capital the Department’s estimate of the burden Assistance Program for Elderly Persons of the proposed information collection; In accordance with the provisions of ways to enhance the quality, utility, and And Persons with Disabilities provides section 117 of the ‘‘Safe, Accountable, clarity of the information to be financial assistance for the specialized Flexible, Efficient Transportation Equity collected; and ways to minimize the transportation service needs of elderly Act: A Legacy for Users, Technical persons and persons with disabilities in burden of the collection of information Corrections Act of 2008’’ (P.L. 110–244), large urban, small urban and rural areas. on respondents, including the use of FHWA is providing this notice of its Formula funding is apportioned to automated collection techniques or finding that a public interest waiver of direct recipients: States for rural (under other forms of information technology. Buy America requirements is 50,000 population) and small urban William Hyre, appropriate on the condition that the (areas (50,000–200,000); and designated Deputy Associate Administrator for vehicles and equipment identified in recipients chosen by the Governor of the Administration. the notice be assembled in the U.S. The State for large urban areas (populations [FR Doc. 2016–18224 Filed 8–1–16; 8:45 am] FHWA invites public comment on this or 200,000 or more); or a State or local BILLING CODE P finding for an additional 15 days governmental entity that operates a following the effective date of the public transit service. Section 3006(b) of finding. Comments may be submitted to Fixing America’s Surface Transportation DEPARTMENT OF TRANSPORTATION FHWA’s Web site via the link provided Act (FAST Act), Pub. L. 114–94 to the waiver page noted above. authorizes a pilot program for Federal Transit Administration innovative coordinated access and Authority: 23 U.S.C. 313; P.L. 110–161, 23 [FTA Docket No. FTA–2016–0023] CFR 635.410 mobility. 49 U.S.C. 5311—Formula Grants for Rural Areas provides Issued on: July 22, 2016. Agency Information Collection Activity financial assistance for the provision of Under OMB Review Gregory G. Nadeau, public transportation services in rural Administrator, Federal Highway areas. This program is administered by AGENCY: Federal Transit Administration, Administration. States. The Public Transportation on DOT. Indian Reservations Program or Tribal mstockstill on DSK3G9T082PROD with NOTICES [FR Doc. 2016–18270 Filed 8–1–16; 8:45 am] ACTION: Notice of request for comments. BILLING CODE 4910–22–P Transit Program (TTP), is authorized as 49 U.S.C. 5311(j). The TTP is a set-aside SUMMARY: In compliance with the from the Rural Area Formula Program Paperwork Reduction Act of 1995 (44 (Section 5311), and consists of a $30 U.S.C. 3501 et seq.), this notice million formula program and a $5 announces that the Information million discretionary grant program. Collection Requirements (ICRs) These funds are apportioned directly to abstracted below have been forwarded VerDate Sep<11>2014 18:35 Aug 01, 2016 Jkt 238001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1


Document Created: 2016-08-02 01:48:01
Document Modified: 2016-08-02 01:48:01
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 August 3, 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 50785 
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