81 FR 87124 - Buy America Waiver Notification
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 81, Issue 232 (December 2, 2016)
Federal Highway Administration
Federal Register Volume 81, Issue 232 (December 2, 2016)
| Page Range | 87124-87124 | |
| FR Document | 2016-28975 |
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)] [Notices] [Page 87124] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28975] ----------------------------------------------------------------------- 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 steel components of Airport Transit System (ATS) vehicles, ATS guideway switches, and ATS rails to be incorporated into the Chicago O'Hare International Airport Transit System Expansion & Modernization Project. DATES: The effective date of the waiver is December 5, 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 steel components of ATS vehicles, ATS guideway switches, and ATS rails to be incorporated into the Chicago O'Hare International Airport ATS Expansion & Modernization Project. 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=125 on April 26th. The FHWA received two comments in response to the publication. Frank Johnson opposed granting a waiver and suggested that all products should be made in the United States. Brian Abbott of Voestalpine Nortrak claimed that Nortrack has the capability of manufacturing guideway switches domestically. The City of Chicago consulted with Nortrak and explored the possibility for domestic procurement of guideway switches. The City of Chicago determined that the guideway switches manufactured by Voestalpine Nortrak were not compatible with Chicago O'Hare Airport Transit System ATS. Chicago's June 28th response indicates that they coordinated with Voestalpine Nortrak regarding compatibility issues and provided a reasonable explanation of why a waiver is appropriate considering their project circumstances. Based on all the information available to the agency, FHWA concludes that there are no domestic manufacturers of ATS vehicles, ATS guideway switches, and ATS rails for the Chicago O'Hare International Airport ATS Expansion & Modernization Project. 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: November 23, 2016. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2016-28975 Filed 12-1-16; 8:45 am] BILLING CODE 4910-22-P
![87124 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices
Issued in Washington, DC, on November are not sufficiently available. This Issued on: November 23, 2016.
29, 2016. notice provides information regarding Gregory G. Nadeau,
Mohannad Dawoud, FHWA’s finding that a Buy America Administrator, Federal Highway
Management & Program Analyst, Partnership waiver is appropriate for use of non- Administration.
Contracts Branch, ANG–A17, NextGen, domestic steel components of ATS [FR Doc. 2016–28975 Filed 12–1–16; 8:45 am]
Procurement Services Division,
vehicles, ATS guideway switches, and BILLING CODE 4910–22–P
Federal Aviation Administration. ATS rails to be incorporated into the
[FR Doc. 2016–28992 Filed 12–1–16; 8:45 am]
Chicago O’Hare International Airport
BILLING CODE 4910–13–P
ATS Expansion & Modernization DEPARTMENT OF TRANSPORTATION
Project.
Federal Highway Administration
DEPARTMENT OF TRANSPORTATION In accordance with Division K,
section 122 of the ‘‘Consolidated and Buy America Waiver Notification
Federal Highway Administration Further Continuing Appropriations Act, AGENCY: Federal Highway
2015’’ (Pub. L. 113–235), FHWA Administration (FHWA), DOT.
Buy America Waiver Notification
published a notice of intent to issue a
ACTION: Notice.
AGENCY: Federal Highway waiver on its Web site; http://
Administration (FHWA), DOT. www.fhwa.dot.gov/construction/ SUMMARY: This notice provides
ACTION: Notice. contracts/waivers.cfm?id=125 on April information regarding FHWA’s finding
26th. The FHWA received two that a Buy America waiver is
SUMMARY: This notice provides comments in response to the appropriate for the use of non-domestic
information regarding FHWA’s finding publication. Frank Johnson opposed galvanized strands consisting of HDPE
that a Buy America waiver is granting a waiver and suggested that all or HDPP sheath filled corrosion
appropriate for the use of non-domestic products should be made in the United inhibitor meeting FDOT specification
steel components of Airport Transit States. Brian Abbott of Voestalpine 938, ASTM and PTI requirements for
System (ATS) vehicles, ATS guideway Nortrak claimed that Nortrack has the SR–836/I–395 from West of I–95 to
switches, and ATS rails to be MacArthur Causeway Bridge in the
capability of manufacturing guideway
incorporated into the Chicago O’Hare State of Florida.
switches domestically. The City of
International Airport Transit System DATES: The effective date of the waiver
Chicago consulted with Nortrak and
Expansion & Modernization Project. is December 5, 2016.
explored the possibility for domestic
DATES: The effective date of the waiver FOR FURTHER INFORMATION CONTACT: For
procurement of guideway switches. The
is December 5, 2016. questions about this notice, please
City of Chicago determined that the
FOR FURTHER INFORMATION CONTACT: For guideway switches manufactured by contact Mr. Gerald Yakowenko, FHWA
questions about this notice, please Voestalpine Nortrak were not Office of Program Administration, (202)
contact Mr. Gerald Yakowenko, FHWA compatible with Chicago O’Hare Airport 366–1562, or via email at
Office of Program Administration, (202) Transit System ATS. Chicago’s June Gerald.Yakowenko@dot.gov. For legal
366–1562, or via email at questions, please contact Mr. William
28th response indicates that they
gerald.yakowenko@dot.gov. For legal Winne, FHWA Office of the Chief
coordinated with Voestalpine Nortrak
questions, please contact Mr. William Counsel, (202) 366–1397, or via email at
Winne, FHWA Office of the Chief regarding compatibility issues and
William.Winne@dot.gov. Office hours
Counsel, 202–366–1397, or via email at provided a reasonable explanation of
for FHWA are from 8:00 a.m. to 4:30
William.Winne@dot.gov. Office hours why a waiver is appropriate considering
p.m., E.T., Monday through Friday,
for the FHWA are from 8:00 a.m. to 4:30 their project circumstances. Based on all except Federal holidays.
p.m., E.T., Monday through Friday, the information available to the agency,
SUPPLEMENTARY INFORMATION:
except Federal holidays. FHWA concludes that there are no
SUPPLEMENTARY INFORMATION:
domestic manufacturers of ATS Electronic Access
vehicles, ATS guideway switches, and An electronic copy of this document
Electronic Access ATS rails for the Chicago O’Hare may be downloaded from the Federal
An electronic copy of this document International Airport ATS Expansion & Register’s home page at: http://
may be downloaded from the Federal Modernization Project. www.archives.gov and the Government
Register’s home page at: http:// In accordance with the provisions of Publishing Office’s database at: https://
www.archives.gov and the Government section 117 of the SAFETEA–LU www.gpo.gov/fdsys/.
Printing Office’s database at: http:// Technical Corrections Act of 2008 (Pub. Background
www.access.gpo.gov/nara. L. 110–244, 122 Stat. 1572), FHWA is
providing this notice as its finding that The FHWA’s Buy America policy in
Background 23 CFR 635.410 requires a domestic
a waiver of Buy America requirements
The FHWA’s Buy America policy in manufacturing process for any steel or
is appropriate. The FHWA invites
23 CFR 635.410 requires a domestic iron products (including protective
manufacturing process for any steel or public comment on this finding for an coatings) that are permanently
iron products (including protective additional 15 days following the incorporated in a Federal-aid
asabaliauskas on DSK3SPTVN1PROD with NOTICES
coatings) that are permanently effective date of the finding. Comments construction project. The regulation also
incorporated in a Federal-aid may be submitted to FHWA’s Web site provides for a waiver of the Buy
construction project. The regulation also via the link provided to the waiver page America requirements when the
provides for a waiver of the Buy noted above. application would be inconsistent with
America requirements when the Authority: 23 U.S.C. 313; Pub. L. 110–161, the public interest or when satisfactory
application would be inconsistent with 23 CFR 635.410. quality domestic steel and iron products
the public interest or when satisfactory are not sufficiently available. This
quality domestic steel and iron products notice provides information regarding
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Document Created: 2018-02-14 09:02:16
Document Modified: 2018-02-14 09:02:16
| 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 December 5, 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 87124 |
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