81_FR_90284 81 FR 90045 - Buy America Waiver Notification

81 FR 90045 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range90045-90046
FR Document2016-29820

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic iron and steel components of trunnion bearings for emergency repair of Willow Avenue Lift Bridge in Cleveland, Ohio.

Federal Register, Volume 81 Issue 239 (Tuesday, December 13, 2016)
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 90045-90046]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29820]


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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 iron 
and steel components of trunnion bearings for emergency repair of 
Willow Avenue Lift Bridge in Cleveland, Ohio.

DATES: The effective date of the waiver is December 14, 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

[[Page 90046]]

questions, please contact Mr. William Winne, FHWA Office of the Chief 
Counsel, (202) 366-1397, or via email at [email protected]. Office 
hours for 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 Publishing Office's database at: https://www.thefederalregister.org/fdsys/.

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 iron and steel components of 
trunnion bearings for emergency repair of Willow Avenue Lift Bridge in 
Cleveland, Ohio.
    In accordance with the Consolidated Appropriations Act, 2016 (Pub. 
L. 114-113) and the Continuing Appropriations Act, 2017 (Pub. L. 114-
223), FHWA published a notice of intent to issue a waiver on its Web 
site: http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=138 
on October 13th. 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 trunnion bearings 
for emergency repair of Willow Avenue Lift Bridge in the State of Ohio.
    The Ohio State DOT, contractors, and subcontractors involved in the 
procurement of bearing units, are reminded of the need to comply with 
the Cargo Preference Act in 46 CFR part 38, if applicable.
    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

    Dated: December 5, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-29820 Filed 12-12-16; 8:45 am]
 BILLING CODE 4910-22-P



                                                                          Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices                                                90045

                                               review of a preliminary application. The                DEPARTMENT OF TRANSPORTATION                          http://www.regulations.gov at any time
                                               FAA must publish a notice of receipt of                                                                       or to the Docket Management Facility in
                                               the final application in the Federal                    Federal Aviation Administration                       Room W12–140 of the West Building
                                               Register for public review and comment                                                                        Ground Floor at 1200 New Jersey
                                                                                                       [Summary Notice No. PE–2016–120]
                                               for a sixty-day period. The HPN                                                                               Avenue SE., Washington, DC, between 9
                                               preliminary application is available for                Petition for Exemption; Summary of                    a.m. and 5 p.m., Monday through
                                               public review at http://                                Petition Received; Drone Seed, Co.                    Friday, except Federal holidays.
                                               www.regulations.gov. The docket                                                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       AGENCY:  Federal Aviation                             Christopher Morris, (202) 267–4418, 800
                                               number is FAA Docket NO. 2016–9477.
                                                                                                       Administration (FAA), DOT.                            Independence Avenue SW.,
                                                  Title 49 U.S.C 47134 authorizes the                  ACTION: Notice of petition for exemption              Washington, DC 20591.
                                               Secretary of Transportation, and                        received.                                               This notice is published pursuant to
                                               through delegation, the FAA                                                                                   14 CFR 11.85.
                                               Administrator, to exempt a sponsor of a                 SUMMARY:    This notice contains a
                                                                                                                                                               Issued in Washington, DC, on December 6,
                                               public-use airport that has received                    summary of a petition seeking relief                  2016.
                                               Federal assistance, from certain Federal                from specified requirements of 14 CFR.
                                                                                                                                                             Lirio Liu,
                                               requirements in connection with the                     The purpose of this notice is to improve
                                                                                                                                                             Director, Office of Rulemaking.
                                               privatization of the airport by sale or                 the public’s awareness of, and
                                               lease to a private party. Specifically, the             participation in, this aspect of FAA’s                Petition for Exemption
                                               Administrator may exempt the sponsor                    regulatory activities. Neither publication              Docket No.: FAA–2016–9247
                                               from all or part of the requirements to                 of this notice nor the inclusion or                     Petitioner: Drone Seed, Co.
                                               use airport revenues for airport-related                omission of information in the summary                  Section of 14 CFR Affected: 107.36;
                                               purposes, to pay back a portion of                      is intended to affect the legal status of             137.19(c), (d), (e)(2)(ii), (iii), and (v);
                                               Federal grants upon the sale or lease of                the petition or its final disposition.                137.31(a) and (b); 137.33(a) and (b); 49
                                               an airport, and to return airport property              DATES: Comments on this petition must                 CFR 175.9
                                               deeded by the Federal Government                        identify the petition docket number and                 Description of Relief Sought: Drone
                                               upon transfer of the airport. The                       must be received on or before January 3,              Seed, Co., (‘‘DRONESEED’’) an operator
                                               Administrator is also authorized to                     2017.                                                 of Small Unmanned Aircraft Systems
                                               exempt the private purchaser or lessee                  ADDRESSES: You may send comments                      (sUAS) seeks an exemption to operate
                                               from the requirement to use all airport                 identified by Docket Number FAA–                      UAS for commercial agricultural related
                                                                                                       2016–9247 using any of the following                  services. The custom UAS is capable of
                                               revenues for airport-related purposes, to
                                                                                                       methods:                                              providing a wide array of essential
                                               the extent necessary to permit the
                                               purchaser or lessee to earn                                • Government-wide rulemaking Web                   agricultural spraying services,
                                                                                                       site: Go to http://www.regulations.gov                including: Watering, fertilizers,
                                               compensation from the operations of the                                                                       pesticides, and herbicides. Initial
                                               airport.                                                and follow the instructions for sending
                                                                                                       your comments electronically.                         customers will be timber companies in
                                                  On September 16, 1997, the FAA                          • Mail: Send comments to the Docket                Oregon and Washington, the sites are
                                               issued a Notice of procedures to be used                Management Facility; U.S. Department                  extremely remote and often several
                                               in applications for exemption under the                 of Transportation, 1200 New Jersey                    thousand acres controlled by the
                                               Airport Privatization Pilot Program (62                 Avenue SE., West Building Ground                      customer timber company.
                                               FR 48693). A request for participation in               Floor, Room W12–140, Washington, DC                   [FR Doc. 2016–29780 Filed 12–12–16; 8:45 am]
                                               the pilot program must be initiated by                  20590.                                                BILLING CODE 4910–13–P
                                               the filing of either a preliminary or final                • Fax: Fax comments to the Docket
                                               application for exemption with the                      Management Facility at 202–493–2251.
                                               FAA.                                                       • Hand Delivery: Bring comments to                 DEPARTMENT OF TRANSPORTATION
                                                  The County of Westchester submitted                  the Docket Management Facility in
                                                                                                       Room W12–140 of the West Building                     Federal Highway Administration
                                               a preliminary application to the FAA for
                                               Westchester County Airport on                           Ground Floor at 1200 New Jersey
                                                                                                                                                             Buy America Waiver Notification
                                                                                                       Avenue SE., Washington, DC, between 9
                                               November 4, 2016; the preliminary
                                                                                                       a.m. and 5 p.m., Monday through                       AGENCY: Federal Highway
                                               application is accepted for review, with
                                                                                                       Friday, except Federal holidays.                      Administration (FHWA), DOT.
                                               a filing date of November 4, 2016. The
                                                                                                          Privacy: We will post all comments                 ACTION: Notice.
                                               County may select a private operator,                   we receive, without change, to http://
                                               negotiate an agreement and submit a                     www.regulations.gov, including any                    SUMMARY:   This notice provides
                                               final application to the FAA for                        personal information you provide.                     information regarding FHWA’s finding
                                               exemption.                                              Using the search function of our docket               that a Buy America waiver is
                                                  If the FAA accepts the final                         Web site, anyone can find and read the                appropriate for the use of non-domestic
                                               application for review, the application                 comments received into any of our                     iron and steel components of trunnion
                                               will be made available for public review                dockets, including the name of the                    bearings for emergency repair of Willow
                                               and comment for a 60-day period.                        individual sending the comment (or                    Avenue Lift Bridge in Cleveland, Ohio.
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                                                                                                       signing the comment for an association,               DATES: The effective date of the waiver
                                                 Issued in Washington, DC, on December 6,
                                                                                                       business, labor union, etc.). You may                 is December 14, 2016.
                                               2016.
                                                                                                       review DOT’s complete Privacy Act                     FOR FURTHER INFORMATION CONTACT: For
                                               Kevin C. Willis,                                        Statement in the Federal Register                     questions about this notice, please
                                               Director, Office of Airport Compliance and              published on April 11, 2000 (65 FR                    contact Mr. Gerald Yakowenko, FHWA
                                               Management Analysis.                                    19477–78).                                            Office of Program Administration, (202)
                                               [FR Doc. 2016–29772 Filed 12–12–16; 8:45 am]               Docket: To read background                         366–1562, or via email at
                                               BILLING CODE 4910–13–P                                  documents or comments received, go to                 Gerald.Yakowenko@dot.gov. For legal


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                                               90046                      Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

                                               questions, please contact Mr. William                   effective date of the finding. Comments                  Docket: For access to the docket to
                                               Winne, FHWA Office of the Chief                         may be submitted to FHWA’s Web site                   read background documents or
                                               Counsel, (202) 366–1397, or via email at                via the link provided to the waiver page              comments, go to http://
                                               William.Winne@dot.gov. Office hours                     noted above.                                          www.regulations.gov and/or Room
                                               for FHWA are from 8:00 a.m. to 4:30                       Authority: 23 U.S.C. 313; Pub. L. 110–161,          W12–140 on the ground level of the
                                               p.m., E.T., Monday through Friday,                      23 CFR 635.410                                        West Building, 1200 New Jersey Avenue
                                               except Federal holidays.                                                                                      SE., Washington, DC, between 9 a.m.
                                                                                                         Dated: December 5, 2016.
                                               SUPPLEMENTARY INFORMATION:                                                                                    and 5 p.m., e.t., Monday through Friday,
                                                                                                       Gregory G. Nadeau,                                    except Federal holidays.
                                               Electronic Access                                       Administrator, Federal Highway                           Privacy Act: In accordance with 5
                                                 An electronic copy of this document                   Administration.                                       U.S.C. 553(c), DOT solicits comments
                                               may be downloaded from the Federal                      [FR Doc. 2016–29820 Filed 12–12–16; 8:45 am]          from the public to better inform its
                                               Register’s home page at: http://                        BILLING CODE 4910–22–P                                rulemaking process. DOT posts these
                                               www.archives.gov and the Government                                                                           comments, without edit, including any
                                               Publishing Office’s database at: https://                                                                     personal information the commenter
                                               www.gpo.gov/fdsys/.                                     DEPARTMENT OF TRANSPORTATION                          provides, to www.regulations.gov, as
                                                                                                                                                             described in the system of records
                                               Background                                              Federal Motor Carrier Safety                          notice (DOT/ALL–14 FDMS), which can
                                                  The FHWA’s Buy America policy in                     Administration                                        be reviewed at www.dot.gov/privacy.
                                               23 CFR 635.410 requires a domestic
                                               manufacturing process for any steel or                  [Docket No. FMCSA–2016–0207]                          II. Background
                                               iron products (including protective                                                                              On October 11, 2016, FMCSA
                                               coatings) that are permanently                          Qualification of Drivers; Exemption
                                                                                                                                                             published a notice of receipt of
                                               incorporated in a Federal-aid                           Applications; Vision
                                                                                                                                                             exemption applications from certain
                                               construction project. The regulation also               AGENCY: Federal Motor Carrier Safety                  individuals, and requested comments
                                               provides for a waiver of the Buy                        Administration (FMCSA), DOT.                          from the public (81 FR 70248). That
                                               America requirements when the                           ACTION: Notice of final disposition.                  notice listed 18 applicants’ case
                                               application would be inconsistent with                                                                        histories. The 18 individuals applied for
                                               the public interest or when satisfactory                SUMMARY:    FMCSA announces its                       exemptions from the vision requirement
                                               quality domestic steel and iron products                decision to exempt 18 individuals from                in 49 CFR 391.41(b)(10), for drivers who
                                               are not sufficiently available. This                    the vision requirement in the Federal                 operate CMVs in interstate commerce.
                                               notice provides information regarding                   Motor Carrier Safety Regulations                         Under 49 U.S.C. 31136(e) and 31315,
                                               FHWA’s finding that a Buy America                       (FMCSRs). They are unable to meet the                 FMCSA may grant an exemption for a 2-
                                               waiver is appropriate for use of non-                   vision requirement in one eye for                     year period if it finds ‘‘such exemption
                                               domestic iron and steel components of                   various reasons. The exemptions will                  would likely achieve a level of safety
                                               trunnion bearings for emergency repair                  enable these individuals to operate                   that is equivalent to or greater than the
                                               of Willow Avenue Lift Bridge in                         commercial motor vehicles (CMVs) in                   level that would be achieved absent
                                               Cleveland, Ohio.                                        interstate commerce without meeting                   such exemption.’’ The statute also
                                                  In accordance with the Consolidated                  the prescribed vision requirement in                  allows the Agency to renew exemptions
                                               Appropriations Act, 2016 (Pub. L. 114–                  one eye. The Agency has concluded that                at the end of the 2-year period.
                                               113) and the Continuing Appropriations                  granting these exemptions will provide                Accordingly, FMCSA has evaluated the
                                               Act, 2017 (Pub. L. 114–223), FHWA                       a level of safety that is equivalent to or            18 applications on their merits and
                                               published a notice of intent to issue a                 greater than the level of safety                      made a determination to grant
                                               waiver on its Web site: http://                         maintained without the exemptions for                 exemptions to each of them.
                                               www.fhwa.dot.gov/construction/                          these CMV drivers.
                                               contracts/waivers.cfm?id=138 on                                                                               III. Vision and Driving Experience of
                                                                                                       DATES: The exemptions were granted                    the Applicants
                                               October 13th. The FHWA received no
                                                                                                       November 11, 2016. The exemptions
                                               comments in response to the                                                                                      The vision requirement in the
                                                                                                       expire on November 11, 2018.
                                               publication. Based on all the                                                                                 FMCSRs provides:
                                               information available to the agency,                    FOR FURTHER INFORMATION CONTACT: Ms.                     A person is physically qualified to
                                               FHWA concludes that there are no                        Christine A. Hydock, Chief, Medical                   drive a commercial motor vehicle if that
                                               domestic manufacturers of trunnion                      Programs Division, (202) 366–4001,                    person has distant visual acuity of at
                                               bearings for emergency repair of Willow                 fmcsamedical@dot.gov, FMCSA,                          least 20/40 (Snellen) in each eye
                                               Avenue Lift Bridge in the State of Ohio.                Department of Transportation, 1200                    without corrective lenses or visual
                                                  The Ohio State DOT, contractors, and                 New Jersey Avenue SE., Room W64–                      acuity separately corrected to 20/40
                                               subcontractors involved in the                          113, Washington, DC 20590–0001.                       (Snellen) or better with corrective
                                               procurement of bearing units, are                       Office hours are 8:30 a.m. to 5 p.m., e.t.,           lenses, distant binocular acuity of a least
                                               reminded of the need to comply with                     Monday through Friday, except Federal                 20/40 (Snellen) in both eyes with or
                                               the Cargo Preference Act in 46 CFR part                 holidays. If you have questions                       without corrective lenses, field of vision
                                               38, if applicable.                                      regarding viewing or submitting                       of at least 70° in the horizontal meridian
                                                  In accordance with the provisions of                 material to the docket, contact Docket                in each eye, and the ability to recognize
pmangrum on DSK3GDR082PROD with NOTICES




                                               section 117 of the SAFETEA–LU                           Services, telephone (202) 366–9826.                   the colors of traffic signals and devices
                                               Technical Corrections Act of 2008 (Pub.                 SUPPLEMENTARY INFORMATION:                            showing red, green, and amber (49 CFR
                                               L. 110–244, 122 Stat. 1572), FHWA is                                                                          391.41(b)(10)).
                                               providing this notice as its finding that               I. Electronic Access                                     FMCSA recognizes that some drivers
                                               a waiver of Buy America requirements                      You may see all the comments online                 do not meet the vision requirement but
                                               is appropriate. The FHWA invites                        through the Federal Document                          have adapted their driving to
                                               public comment on this finding for an                   Management System (FDMS) at http://                   accommodate their limitation and
                                               additional 15 days following the                        www.regulations.gov.                                  demonstrated their ability to drive


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Document Created: 2016-12-13 02:43:56
Document Modified: 2016-12-13 02:43:56
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 December 14, 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 FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays.
FR Citation81 FR 90045 

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