81 FR 87124 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 232 (December 2, 2016)

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.

[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]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), 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 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