82 FR 47075 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 194 (October 10, 2017)

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the procurement of a John Deere 640R Standard Farm Loader for recreational trail maintenance by the St. Marys Area Snowmobile Association (through the Pennsylvania Department of Conservation and Natural Resources) because the equipment is not available to be produced using 100 percent domestic steel or iron.

[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Page 47075]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21862]


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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 procurement of a John Deere 
640R Standard Farm Loader for recreational trail maintenance by the St. 
Marys Area Snowmobile Association (through the Pennsylvania Department 
of Conservation and Natural Resources) because the equipment is not 
available to be produced using 100 percent domestic steel or iron.

DATES: The effective date of the waiver is October 11, 2017.

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 Publishing 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 a John Deere 640R Standard Farm Loader for recreational 
trail maintenance by the St. Marys Area Snowmobile Association in 
Pennsylvania because this equipment is not available to be produced by 
domestic manufacturers using 100 percent domestic steel or iron.
    Consistent with the Consolidated Appropriations Act of 2017 (Pub. 
L. 115-31), FHWA published a notice on its Web site, https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=148 on March 22 
seeking comments on whether a waiver of Buy America requirements is 
appropriate. The FHWA received no comments in response to the 
publication. Both the St. Marys Area Snowmobile Association and 
Pennsylvania Department of Conservation and Natural Resources were 
unable to verify that equipment meeting its specifications could be 
produced by domestic manufacturers. The applicant requires and all-
terrain, all-season, medium frame tractor to pull snow grooming 
equipment and clear the trail of vegetation. The applicant could not 
locate a domestically manufactured model of all season, medium frame 
tractors that can accommodate its existing snow grooming equipment. The 
FHWA also contacted a potential domestic manufacturer and a domestic 
vendor to verify whether the subject materials or a suitable substitute 
were reasonably available. Based on all the information available to 
the agency, FHWA concludes that there are no domestic manufacturers of 
a John Deere 640R Standard Farm Loader for recreational trail 
maintenance by the St. Marys Area Snowmobile Association in 
Pennsylvania for which all its iron and steel is domestically 
manufactured.
    The St. Marys Area Snowmobile Association, the Pennsylvania 
Department of Conservation and Natural Resources, Pennsylvania DOT, 
contractors, and subcontractors involved in the procurement of John 
Deere 640R 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)

    Issued on: October 2, 2017.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2017-21862 Filed 10-5-17; 11:15 am]
 BILLING CODE 4910-22-P