81 FR 63854 - Buy America Waiver Notification
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 81, Issue 180 (September 16, 2016)
Federal Highway Administration
Federal Register Volume 81, Issue 180 (September 16, 2016)
| Page Range | 63854-63855 | |
| FR Document | 2016-22301 |
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)] [Notices] [Pages 63854-63855] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22301] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification AGENCY: Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the obligation of Federal-aid funds for 21 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 September 19, 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 21 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 796 vehicles and equipment acquisitions. The requests for the second quarter of calendar year 2016, available at http://www.fhwa.dot.gov/construction/contracts/cmaq160713.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 [[Page 63855]] 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=131 on July 13th. The FHWA received five comments in response to the publication. Two commenters are in favor of the waiver. One commenter suggested that amendments should be made to use American made vehicles if possible. The other two commenters opposed the waiver without suggestions regarding domestic availability of the proposed vehicles and equipment project. 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 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 21 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'' (Pub. 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: August 29, 2016. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2016-22301 Filed 9-15-16; 8:45 am] BILLING CODE 4910-22-P
![63854 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices
maximum power (50 kw), voltage range (165 ADC) that meets the grant Background
(200–500 VDC), and current output (165 requirements. This notice provides information
ADC) in the State of Massachusetts. In accordance with the provisions of regarding FHWA’s finding that a Buy
DATES: The effective date of the waiver section 117 of the SAFETEA–LU America waiver is appropriate for the
is September 19, 2016. Technical Corrections Act of 2008 (Pub. obligation of Federal-aid funds for 21
L. 110–244, 122 Stat. 1572), FHWA is State projects involving the acquisition
FOR FURTHER INFORMATION CONTACT: For providing this notice as its finding that
questions about this notice, please of vehicles (including sedans, vans,
a waiver of Buy America requirements pickups, trucks, buses, and street
contact Mr. Gerald Yakowenko, FHWA is appropriate. The FHWA invites
Office of Program Administration, (202) sweepers) and equipment (such as trail
public comment on this finding for an grooming equipment) on the condition
366–1562, or via email at additional 15 days following the
gerald.yakowenko@dot.gov. For legal that they be assembled in the U.S. The
effective date of the finding. Comments waiver would apply to approximately
questions, please contact Mr. William may be submitted to FHWA’s Web site
Winne, FHWA Office of the Chief 796 vehicles and equipment
via the link provided to the waiver page acquisitions. The requests for the
Counsel, 202–366–1397, or via email at noted above.
William.Winne@dot.gov. Office hours second quarter of calendar year 2016,
for the FHWA are from 8:00 a.m. to 4:30 (Authority: 23 U.S.C. 313; Pub. L. 110–161, available at http://www.fhwa.dot.gov/
23 CFR 635.410) construction/contracts/
p.m., E.T., Monday through Friday,
except Federal holidays. Issued on: August 29, 2016. cmaq160713.cfm, are incorporated by
Gregory G. Nadeau, reference into this notice. These projects
SUPPLEMENTARY INFORMATION: are being undertaken to implement air
Administrator, Federal Highway
Electronic Access Administration. quality improvement, safety, and
[FR Doc. 2016–22305 Filed 9–15–16; 8:45 am]
mobility goals under FHWA’s
An electronic copy of this document Congestion Mitigation and Air Quality
may be downloaded from the Federal BILLING CODE 4910–22–P
Improvement Program and the
Register’s home page at: http:// Recreational Trails Program.
www.archives.gov and the Government Title 23, Code of Federal Regulations,
Printing Office’s database at: http:// DEPARTMENT OF TRANSPORTATION
section 635.410 requires that steel or
www.access.gpo.gov/nara. Federal Highway Administration iron materials (including protective
Background coatings) that will be permanently
Buy America Waiver Notification incorporated in a Federal-aid project
The FHWA’s Buy America policy in must be manufactured in the U.S. For
23 CFR 635.410 requires a domestic AGENCY: Federal Highway FHWA, this means that all the processes
manufacturing process for any steel or Administration (FHWA), Department of that modified the chemical content,
iron products (including protective Transportation (DOT). physical shape or size, or final finish of
coatings) that are permanently ACTION: Notice. the material (from initial melting and
incorporated in a Federal-aid mixing, continuing through the bending
construction project. The regulation also SUMMARY: This notice provides
and coating) occurred in the U.S. The
provides for a waiver of the Buy information regarding FHWA’s finding
statute and regulations create a process
America requirements when the that a Buy America waiver is
for granting waivers from the Buy
application would be inconsistent with appropriate for the obligation of
America requirements when its
the public interest or when satisfactory Federal-aid funds for 21 State projects
application would be inconsistent with
quality domestic steel and iron products involving the acquisition of vehicles
the public interest or when satisfactory
are not sufficiently available. This and equipment on the condition that
quality domestic steel and iron products
notice provides information regarding they be assembled in the U.S.
are not sufficiently available. In 1983,
FHWA’s finding that a Buy America DATES: The effective date of the waiver FHWA determined that it was both in
waiver is appropriate for use of non- is September 19, 2016. the public interest and consistent with
domestic iron and steel components of FOR FURTHER INFORMATION CONTACT: For the legislative intent to waive Buy
electric vehicle DC fast charging stations questions about this notice, please America for manufactured products
with maximum power (50 kw), voltage contact Mr. Gerald Yakowenko, FHWA other than steel manufactured products.
range (200–500 VDC) and current output Office of Program Administration, 202– However, FHWA’s national waiver for
(165 ADC) in the State of Massachusetts. 366–1562, or via email at manufactured products does not apply
In accordance with Division K, gerald.yakowenko@dot.gov. For legal to the requests in this notice because
section 122 of the ‘‘Consolidated and questions, please contact Mr. William they involve predominately steel and
Further Continuing Appropriations Act, Winne, FHWA Office of the Chief iron manufactured products. The
2015’’ (Pub. L. 113–235), FHWA Counsel, 202–366–1397, or via email at FHWA’s Buy America requirements do
published a notice of intent to issue a William.Winne@dot.gov. Office hours not have special provisions for applying
waiver on its Web site: http:// for the FHWA are from 8:00 a.m. to 4:30 Buy America to ‘‘rolling stock’’ such as
www.fhwa.dot.gov/construction/ p.m., e.t., Monday through Friday, vehicles or vehicle components (see 49
contracts/waivers.cfm?id=129 on June except Federal holidays. U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and
16th. The FHWA received no comments SUPPLEMENTARY INFORMATION: 49 U.S.C. 24405(a)(2)(C) for examples of
in response to the publication. Based on Buy America rolling stock provisions for
mstockstill on DSK3G9T082PROD with NOTICES
all the information available to the Electronic Access
other DOT agencies).
agency, FHWA concludes that there are An electronic copy of this document Based on all the information available
no domestic manufacturers of iron and may be downloaded from the Federal to the agency, FHWA concludes that
steel components compatible with Register’s home page at http:// there are no domestic manufacturers
electric vehicle DC fast charging stations www.archives.gov and the Government that produce the vehicles and vehicle
with maximum power (50 kw), voltage Printing Office’s database at http:// components identified in this notice in
range (200–500 VDC) and current output www.access.gpo.gov/nara. such a way that their steel and iron
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![Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices 63855
elements are manufactured U.S. Requiring final assembly to be Notice and request for
ACTION:
domestically. The FHWA’s Buy America performed in the U.S. is consistent with comments.
requirements were tailored to the types past guidance to FHWA Division Offices
of products that are typically used in on manufactured products (see SUMMARY: In accordance with the
highway construction, which generally Memorandum on Buy America Policy Paperwork Reduction Act of 1995, (44
meet the requirement that steel and iron Response, Dec. 22, 1997, http:// U.S.C. 3501 et seq.), this notice
materials be manufactured domestically. www.fhwa.dot.gov/programadmin/ announces the U.S. Department of
In today’s global industry, vehicles are contracts/122297.cfm). A waiver of the Transportation’s (DOT) intention to
assembled with iron and steel Buy America requirement without any request the Office of Management and
components that are manufactured all regard to where the vehicle is assembled Budget’s (OMB) approval for the
over the world. The FHWA is not aware would diminish the purpose of the Buy utilization of the Individual Complaint
of any domestically produced vehicle of Employment Discrimination form
America requirement. Moreover, in
on the market that meets FHWA’s Buy when processing Equal Employment
today’s economic environment, the Buy
America requirement to have all its iron Opportunity (EEO) discrimination
America requirement is especially
and steel be manufactured exclusively complaints filed by applicants for
significant in that it will ensure that
in the U.S. For example, the Chevrolet employment with DOT. The OMB
Federal Highway Trust Fund dollars are
Volt, which was identified by many approved the form in 2009 with its
used to support and create jobs in the
commenters in a November 21, 2011, renewal required by September 30,
U.S. This approach is similar to the
Federal Register Notice (76 FR 72027) 2012. Subsequently, DOT was given
conditional waivers previously given for
as a car that is made in the U.S., is approval of the form until August 31,
various vehicle projects. Thus, so long
comprised of only 45 percent of U.S. 2014. The renewal period then lapsed;
as the final assembly of the 21 State therefore, the form expired. The OMB
and Canadian content according to the projects occurs in the U.S., applicants to
National Highway Traffic Safety approved the form in 2015 with its
this waiver request may proceed to renewal required by December 31, 2016.
Administration’s Part 583 American purchase these vehicles and equipment
Automobile Labeling Act Report Web DATES: Comments on this notice must be
consistent with the Buy America
page (http://www.nhtsa.gov/ requirement. received by November 15, 2016.
Laws+&+Regulations/ ADDRESSES: You may submit comments
In accordance with the provisions of
Part+583+American+Automobile section 117 of the ‘‘Safe, Accountable, [identified by Docket No. DOT–OST–
+Labeling+Act+(AALA)+Reports). Flexible, Efficient Transportation Equity 2016–0171] by any of the following
Moreover, there is no indication of how Act: A Legacy for Users, Technical methods:
much of this 45 percent content is U.S.- • Fax: 202–493–2064.
Corrections Act of 2008’’ (Pub. L. 110–
manufactured (from initial melting and • Mail: Docket Management Facility,
244), FHWA is providing this notice of
mixing) iron and steel content. U.S. Department of Transportation, 1200
its finding that a public interest waiver
In accordance with Division K, New Jersey Avenue SE., West Building,
of Buy America requirements is
section 122 of the ‘‘Consolidated and Room W12–140, Washington, DC 20590.
appropriate on the condition that the • Hand Delivery: Docket Management
Further Continuing Appropriations Act,
vehicles and equipment identified in Facility, U.S. Department of
2015’’ (Pub. L. 113–235), FHWA
the notice be assembled in the U.S. The Transportation, 1200 New Jersey
published a notice of intent to issue a
FHWA invites public comment on this Avenue SE., West Building, Room W12–
waiver on its Web site at http://
finding for an additional 15 days 140, Washington, DC 20590, between 9
www.fhwa.dot.gov/construction/
following the effective date of the a.m. and 5 p.m., Monday through
contracts/waivers.cfm?id=131 on July
finding. Comments may be submitted to Friday, except on Federal holidays.
13th. The FHWA received five
comments in response to the FHWA’s Web site via the link provided • Federal eRulemaking Portal: http://
publication. Two commenters are in to the waiver page noted above. www.regulations.gov. Follow the online
favor of the waiver. One commenter Authority: 23 U.S.C. 313; P.L. 110–161, 23 instructions for submitting comments.
suggested that amendments should be CFR 635.410. Instructions: All submissions must
made to use American made vehicles if Issued on: August 29, 2016. include the Agency name (Office of the
possible. The other two commenters Gregory G. Nadeau, Secretary, DOT) and docket number for
opposed the waiver without suggestions this rulemaking. You should provide
Administrator, Federal Highway
regarding domestic availability of the Administration. two copies of your comments if you
proposed vehicles and equipment submit them by mail or hand delivery.
[FR Doc. 2016–22301 Filed 9–15–16; 8:45 am]
project. Note that all comments received will be
BILLING CODE 4910–22–P
Based on FHWA’s conclusion that posted without change to
there are no domestic manufacturers www.regulations.gov, including any
that can produce the vehicles and DEPARTMENT OF TRANSPORTATION personal information provided, and will
equipment identified in this notice in be available to Internet users. You may
such a way that steel and iron materials Office of the Secretary review DOT’s complete Privacy Act
are manufactured domestically, and Statement in the Federal Register
after consideration of the comments published on April 11, 2000 (65 FR
[Docket No. DOT–OST–2016–0171]
received, FHWA finds that application 19477) or you may visit htttp://
of FHWA’s Buy America requirements Agency Information Collection DocketsInfo.dot.gov.
to these products is inconsistent with Docket: For Internet access to the
mstockstill on DSK3G9T082PROD with NOTICES
Activities: Request for Comments;
the public interest (23 U.S.C. 313(b)(1) Renewal of an Information docket to read background documents
and 23 CFR 635.410(c)(2)(i)). However, Collection(s): U.S. Department of and comments received, go to
FHWA believes that it is in the public Transportation, Individual Complaint of www.regulations.gov. Background
interest and consistent with the Buy Employment Discrimination Form documents and comments received may
America requirements to impose the also be viewed at DOT, 1200 New Jersey
condition that the vehicles and the AGENCY:Office of the Secretary, U.S. Avenue SE., Docket Operations, West
vehicle components be assembled in the Department of Transportation. Building, Room W12–140, Washington,
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Document Created: 2016-09-16 00:25:25
Document Modified: 2016-09-16 00:25:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The effective date of the waiver is September 19, 2016. | |
| 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. | |
| FR Citation | 81 FR 63854 |
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