81_FR_58161 81 FR 57997 - Buy America Waiver Notification

81 FR 57997 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 164 (August 24, 2016)

Page Range57997-57998
FR Document2016-20234

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic submersible pumps; 1,200 GPM, 6'' diameter discharge with 42.4 ft. head compatible, with current well lift station 1 at I-94 in Fargo, North Dakota.

Federal Register, Volume 81 Issue 164 (Wednesday, August 24, 2016)
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57997-57998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20234]


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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 
submersible pumps; 1,200 GPM, 6'' diameter discharge with 42.4 ft. head 
compatible, with current well lift station 1 at I-94 in Fargo, North 
Dakota.

DATES: The effective date of the waiver is August 25, 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

[[Page 57998]]

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 submersible pumps; 1,200 GPM, 6'' 
diameter discharge with 42.4 ft. head, that is compatible with current 
well lift station 1 at I-94 in Fargo, North Dakota.
    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=128 on 
June 15th. 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 submersible 
pumps; 1,200 GPM, 6'' diameter discharge with 42.4 ft. head, that is 
compatible with current well lift station 1at I-94 in Fargo, North 
Dakota.
    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: August 15, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-20234 Filed 8-23-16; 8:45 am]
 BILLING CODE 4910-22-P



                                                                             Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices                                                 57997

                                                  ERWG members selected will provide                        (1) Name, title, and relevant contact               mental or physical handicap, marital
                                                  views and perspective on whether:                       information (including phone, fax, and                status, or sexual orientation. To ensure
                                                     a. impediments currently exist that                  email address) of the individual                      that recommendations to the Secretary
                                                  prevent expeditious State approval of                   requesting consideration;                             take into account the needs of the
                                                  special permits for vehicles involved in                  (2) A letter of support from a                      diverse groups served by DOT,
                                                  emergency response and recovery;                        company, union, trade association, or                 membership shall include, to the extent
                                                     b. it is possible to pre-identify and                non-profit organization on letterhead                 practicable, individuals with
                                                  establish emergency routes between                      containing a brief description why the                demonstrated ability to represent
                                                  States through which infrastructure                     nominee should be considered for                      minorities, women, and persons with
                                                  repair materials could be delivered                     membership;                                           disabilities.
                                                  following a natural disaster or                           (3) Short biography of nominee
                                                                                                                                                                  Issued in Washington, DC, on August 15,
                                                  emergency;                                              including professional and academic                   2016.
                                                     c. a State could pre-designate an                    credentials;
                                                  emergency route identified under                          (4) An affirmative statement that the               Gregory G. Nadeau,
                                                  paragraph (b) as a certified emergency                  nominee is not a federally registered                 Administrator, Federal Highway
                                                  route if a motor vehicle that exceeds the               lobbyist, and that the nominee                        Administration.
                                                  otherwise applicable Federal and State                  understands that if appointed, the                    [FR Doc. 2016–20233 Filed 8–23–16; 8:45 am]
                                                  truck length or width limits may safely                 nominee will not be allowed to continue               BILLING CODE 4910–22–P
                                                  operate along such route during periods                 to serve as a ERWG member if the
                                                  of declared emergency and recovery                      nominee becomes a federally registered
                                                  from such periods; and                                  lobbyist;                                             DEPARTMENT OF TRANSPORTATION
                                                     d. an online map could be created to                   (5) An affirmative statement that the
                                                  identify each pre-designated emergency                  nominee meets all ERWG eligibility                    Federal Highway Administration
                                                  route under paragraph (c), including                    requirements.                                         Buy America Waiver Notification
                                                  information on specific limitations,                      Please do not send company, trade
                                                  obligations, and notification                           association, or organization brochures or             AGENCY: Federal Highway
                                                  requirements along that route.                          any other information. Materials                      Administration (FHWA), DOT.
                                                     The ERWG membership will seek to                     submitted should total two pages or                   ACTION: Notice.
                                                  balance the following interests to the                  less. Should more information be
                                                  extent practicable; but as required by                  needed, DOT staff will contact the                    SUMMARY:   This notice provides
                                                  law the membership shall include                        nominee, obtain information from the                  information regarding FHWA’s finding
                                                  representatives from State highway                      nominee’s past affiliations, or obtain                that a Buy America waiver is
                                                  transportation departments or agencies;                 information from publicly available                   appropriate for the use of non-domestic
                                                  relevant modal agencies within the                      sources, such as the Internet.                        submersible pumps; 1,200 GPM, 6’’
                                                  DOT; emergency response or recovery                       Nominations may be emailed to                       diameter discharge with 42.4 ft. head
                                                  experts; relevant safety groups; and                    erwg@dot.gov or faxed to the attention of             compatible, with current well lift station
                                                  entities affected by special permit                     Crystal Jones at (202) 366–2976, or                   1 at I–94 in Fargo, North Dakota.
                                                  restrictions during emergency response                  mailed to Crystal Jones, Federal                      DATES: The effective date of the waiver
                                                  and recovery efforts. The ERGW                          Highway Administration, Office of                     is August 25, 2016.
                                                  members serve at the pleasure of the                    Freight Management and Operations,                    FOR FURTHER INFORMATION CONTACT: For
                                                  Secretary, but may serve for a term of 2                Room E84–314, 1200 New Jersey                         questions about this notice, please
                                                  years or less. The Chair and Vice Chair                 Avenue SE., Washington, DC 20590.                     contact Mr. Gerald Yakowenko, FHWA
                                                  of the ERWG will be appointed by the                    Nominations must be received before                   Office of Program Administration, (202)
                                                  FHWA Administrator from among the                       September 23, 2016. Nominees selected                 366–1562, or via email at
                                                  selected members, and the ERWG is                       for appointment to the ERWG will be                   gerald.yakowenko@dot.gov. For legal
                                                  expected to meet 12 times before the                    notified by return email and by a letter              questions, please contact Mr. William
                                                  termination, which is defined in law as                 of appointment.                                       Winne, FHWA Office of the Chief
                                                  1 year after the group delivers the report                A selection team comprising                         Counsel, 202–366–1397, or via email at
                                                  to the Secretary of Transportation                      representatives from several DOT offices              William.Winne@dot.gov. Office hours
                                                  required under Section 5502(c) of the                   will review the nomination packages.                  for the FHWA are from 8:00 a.m. to 4:30
                                                  FAST Act. Subcommittees may be                          The selection team will make                          p.m., E.T., Monday through Friday,
                                                  formed to address specific emergency                    recommendations regarding                             except Federal holidays.
                                                  route issues. Some ERWG members may                     membership to the Secretary of                        SUPPLEMENTARY INFORMATION:
                                                  be appointed as special Government                      Transportation through the Federal
                                                  employees and will be subject to certain                Highway Administrator based on                        Electronic Access
                                                  ethical restrictions, and such members                  criteria including (1) professional or                  An electronic copy of this document
                                                  will be required to submit certain                      academic expertise, experience, and                   may be downloaded from the Federal
                                                  information in connection with the                      knowledge; (2) stakeholder                            Register’s home page at: http://
                                                  appointment process. With the                           representation; (3) availability and                  www.archives.gov and the Government
                                                  exception of travel and per diem for                    willingness to serve; and (4) skills                  Printing Office’s database at: http://
                                                  official travel, members will serve                     working in committees and advisory                    www.access.gpo.gov/nara.
                                                  without compensation.                                   panels. The Federal Highway
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                                                     Process and Deadline for Submitting                  Administrator will submit a list of                   Background
                                                  Nominations: Qualified individuals can                  recommended candidates to the                            The FHWA’s Buy America policy in
                                                  self-nominate or be nominated by any                    Secretary of Transportation for review                23 CFR 635.410 requires a domestic
                                                  individual or organization. To be                       and selection of ERWG members.                        manufacturing process for any steel or
                                                  considered for the ERWG, nominators                       Nominations are open to all                         iron products (including protective
                                                  should submit the following                             individuals without regard to race,                   coatings) that are permanently
                                                  information:                                            color, religion, sex, national origin, age,           incorporated in a Federal-aid


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                                                  57998                      Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices

                                                  construction project. The regulation also               SUMMARY:    As authorized by 46 U.S.C.                this notice and the vessel name in order
                                                  provides for a waiver of the Buy                        12121, the Secretary of Transportation,               for MARAD to properly consider the
                                                  America requirements when the                           as represented by the Maritime                        comments. Comments should also state
                                                  application would be inconsistent with                  Administration (MARAD), is authorized                 the commenter’s interest in the waiver
                                                  the public interest or when satisfactory                to grant waivers of the U.S.-build                    application, and address the waiver
                                                  quality domestic steel and iron products                requirement of the coastwise laws under               criteria given in § 388.4 of MARAD’s
                                                  are not sufficiently available. This                    certain circumstances. A request for                  regulations at 46 CFR part 388.
                                                  notice provides information regarding                   such a waiver has been received by
                                                                                                          MARAD. The vessel, and a brief                        Privacy Act
                                                  FHWA’s finding that a Buy America
                                                  waiver is appropriate for use of non-                   description of the proposed service, is                 Anyone is able to search the
                                                  domestic submersible pumps; 1,200                       listed below.                                         electronic form of all comments
                                                  GPM, 6’’ diameter discharge with 42.4                   DATES: Submit comments on or before                   received into any of our dockets by the
                                                  ft. head, that is compatible with current               September 23, 2016.                                   name of the individual submitting the
                                                  well lift station 1 at I–94 in Fargo, North             ADDRESSES: Comments should refer to                   comment (or signing the comment, if
                                                  Dakota.                                                 docket number MARAD–2016–0086.                        submitted on behalf of an association,
                                                     In accordance with Division K,                       Written comments may be submitted by                  business, labor union, etc.). You may
                                                  section 122 of the ‘‘Consolidated and                   hand or by mail to the Docket Clerk,                  review DOT’s complete Privacy Act
                                                  Further Continuing Appropriations Act,                  U.S. Department of Transportation,                    Statement in the Federal Register
                                                  2015’’ (Pub. L. 113–235), FHWA                          Docket Operations, M–30, West                         published on April 11, 2000 (Volume
                                                  published a notice of intent to issue a                 Building Ground Floor, Room W12–140,                  65, Number 70; Pages 19477–78).
                                                  waiver on its Web site; http://                         1200 New Jersey Avenue SE.,                             By Order of the Maritime Administrator.
                                                  www.fhwa.dot.gov/construction/                          Washington, DC 20590. You may also                      Dated: August 18, 2016.
                                                  contracts/waivers.cfm?id=128 on June                    send comments electronically via the                  T. Mitchell Hudson, Jr.,
                                                  15th. The FHWA received no comments                     Internet at http://www.regulations.gov.               Secretary, Maritime Administration.
                                                  in response to the publication. Based on                All comments will become part of this
                                                                                                                                                                [FR Doc. 2016–20289 Filed 8–23–16; 8:45 am]
                                                  all the information available to the                    docket and will be available for
                                                                                                                                                                BILLING CODE 4910–81–P
                                                  agency, FHWA concludes that there are                   inspection and copying at the above
                                                  no domestic manufacturers of                            address between 10 a.m. and 5 p.m.,
                                                  submersible pumps; 1,200 GPM, 6’’                       E.T., Monday through Friday, except
                                                                                                                                                                DEPARTMENT OF TRANSPORTATION
                                                  diameter discharge with 42.4 ft. head,                  federal holidays. An electronic version
                                                  that is compatible with current well lift               of this document and all documents                    Maritime Administration
                                                  station 1at I–94 in Fargo, North Dakota.                entered into this docket is available on
                                                     In accordance with the provisions of                 the World Wide Web at http://                         [Docket No. MARAD–2016 0084]
                                                  section 117 of the SAFETEA–LU                           www.regulations.gov.
                                                                                                                                                                Requested Administrative Waiver of
                                                  Technical Corrections Act of 2008 (Pub.                 FOR FURTHER INFORMATION CONTACT:                      the Coastwise Trade Laws: Vessel
                                                  L. 110–244, 122 Stat. 1572), FHWA is                    Bianca Carr, U.S. Department of                       JULIA; Invitation for Public Comments
                                                  providing this notice as its finding that               Transportation, Maritime
                                                  a waiver of Buy America requirements                    Administration, 1200 New Jersey                       AGENCY: Maritime Administration,
                                                  is appropriate. The FHWA invites                        Avenue SE., Room W23–453,                             Department of Transportation.
                                                  public comment on this finding for an                   Washington, DC 20590. Telephone 202–                  ACTION: Notice.
                                                  additional 15 days following the                        366–9309, Email Bianca.carr@dot.gov.
                                                  effective date of the finding. Comments                                                                       SUMMARY:   As authorized by 46 U.S.C.
                                                                                                          SUPPLEMENTARY INFORMATION: As
                                                  may be submitted to FHWA’s Web site                                                                           12121, the Secretary of Transportation,
                                                                                                          described by the applicant the intended
                                                  via the link provided to the waiver page                                                                      as represented by the Maritime
                                                                                                          service of the vessel NISSI is:
                                                  noted above.                                                                                                  Administration (MARAD), is authorized
                                                                                                             Intended Commercial Use of Vessel:
                                                                                                                                                                to grant waivers of the U.S.-build
                                                    Authority: 23 U.S.C. 313; Pub. L. 110–161,            ‘‘The intended commercial use of this
                                                  23 CFR 635.410.                                                                                               requirement of the coastwise laws under
                                                                                                          vessel is for day charters and multiple
                                                                                                                                                                certain circumstances. A request for
                                                    Issued on: August 15, 2016.                           day charters; its commercial use will be
                                                                                                                                                                such a waiver has been received by
                                                  Gregory G. Nadeau,                                      sporadic in nature and for the sole
                                                                                                                                                                MARAD. The vessel, and a brief
                                                  Administrator, Federal Highway                          purpose of offsetting maintenance costs.
                                                                                                                                                                description of the proposed service, is
                                                  Administration.                                         The vessel and its intended use comply
                                                                                                                                                                listed below.
                                                  [FR Doc. 2016–20234 Filed 8–23–16; 8:45 am]             with all basic eligibility requirements.’’
                                                                                                             Geographic Region: ‘‘Florida’’                     DATES: Submit comments on or before
                                                  BILLING CODE 4910–22–P                                                                                        September 23, 2016.
                                                                                                             The complete application is given in
                                                                                                          DOT docket MARAD–2016–0086 at                         ADDRESSES: Comments should refer to
                                                  DEPARTMENT OF TRANSPORTATION                            http://www.regulations.gov. Interested                docket number MARAD–2016–0084.
                                                                                                          parties may comment on the effect this                Written comments may be submitted by
                                                  Maritime Administration                                 action may have on U.S. vessel builders               hand or by mail to the Docket Clerk,
                                                                                                          or businesses in the U.S. that use U.S.-              U.S. Department of Transportation,
                                                  [Docket No. MARAD–2016–0086]                            flag vessels. If MARAD determines, in                 Docket Operations, M–30, West
                                                                                                          accordance with 46 U.S.C. 12121 and                   Building Ground Floor, Room W12–140,
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                                                  Requested Administrative Waiver of                      MARAD’s regulations at 46 CFR part                    1200 New Jersey Avenue SE.,
                                                  the Coastwise Trade Laws: Vessel                        388, that the issuance of the waiver will             Washington, DC 20590. You may also
                                                  NISSI; Invitation for Public Comments                   have an unduly adverse effect on a U.S.-              send comments electronically via the
                                                  AGENCY: Maritime Administration,                        vessel builder or a business that uses                Internet at http://www.regulations.gov.
                                                  Department of Transportation.                           U.S.-flag vessels in that business, a                 All comments will become part of this
                                                                                                          waiver will not be granted. Comments                  docket and will be available for
                                                  ACTION: Notice.
                                                                                                          should refer to the docket number of                  inspection and copying at the above


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Document Created: 2016-08-24 03:02:22
Document Modified: 2016-08-24 03:02:22
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 25, 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 57997 

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