82_FR_47269 82 FR 47075 - Buy America Waiver Notification

82 FR 47075 - Buy America Waiver Notification

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

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

Page Range47075-47075
FR Document2017-21862

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 Issue 194 (Tuesday, October 10, 2017)
[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



                                                                             Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices                                               47075

                                                Plenary. The agenda will include the                    the FHWA are from 8:00 a.m. to 4:30                   640R Standard Farm Loader for
                                                following:                                              p.m., E.T., Monday through Friday,                    recreational trail maintenance by the St.
                                                                                                        except Federal holidays.                              Marys Area Snowmobile Association in
                                                October 23, 2017 10:00 a.m.–11:00 a.m.
                                                                                                        SUPPLEMENTARY INFORMATION:                            Pennsylvania for which all its iron and
                                                1. Introduction, DFO Statement,                                                                               steel is domestically manufactured.
                                                     Opening Remarks                                    Electronic Access                                        The St. Marys Area Snowmobile
                                                2. September 2017 Minutes Approval                        An electronic copy of this document                 Association, the Pennsylvania
                                                3. Consider a Motion To Approve                         may be downloaded from the Federal                    Department of Conservation and Natural
                                                     Submitting the Document to the                     Register’s home page at: http://                      Resources, Pennsylvania DOT,
                                                     Program Management Committee                       www.archives.gov and the Government                   contractors, and subcontractors
                                                4. Other Business                                       Publishing Office’s database at: http://              involved in the procurement of John
                                                5. Action Items                                         www.access.gpo.gov/nara.                              Deere 640R are reminded of the need to
                                                6. Adjourn                                                                                                    comply with the Cargo Preference Act in
                                                   Attendance is open to the interested                 Background
                                                                                                                                                              46 CFR part 38, if applicable.
                                                public but limited to space availability.                  The FHWA’s Buy America policy in                      In accordance with the provisions of
                                                With the approval of the chairman,                      23 CFR 635.410 requires a domestic                    section 117 of the SAFETEA–LU
                                                members of the public may present oral                  manufacturing process for any steel or                Technical Corrections Act of 2008 (Pub.
                                                statements at the meeting. Persons                      iron products (including protective                   L. 110–244, 122 Stat. 1572), FHWA is
                                                wishing to present statements or obtain                 coatings) that are permanently                        providing this notice as its finding that
                                                information should contact the person                   incorporated in a Federal-aid                         a waiver of Buy America requirements
                                                listed in the FOR FURTHER INFORMATION                   construction project. The regulation also             is appropriate. The FHWA invites
                                                CONTACT section. Members of the public                  provides for a waiver of the Buy                      public comment on this finding for an
                                                may present a written statement to the                  America requirements when the                         additional 15 days following the
                                                committee at any time.                                  application would be inconsistent with                effective date of the finding. Comments
                                                                                                        the public interest or when satisfactory              may be submitted to FHWA’s Web site
                                                  Issued in Washington, DC, on October 4,
                                                                                                        quality domestic steel and iron products
                                                2017.                                                                                                         via the link provided to the waiver page
                                                                                                        are not sufficiently available. This
                                                Mohannad Dawoud,                                                                                              noted above.
                                                                                                        notice provides information regarding
                                                Management & Program Analyst, Partnership               FHWA’s finding that a Buy America                       Authority: (23 U.S.C. 313; Pub. L. 110–161,
                                                Contracts Branch, ANG–A17, NextGen,                                                                           23 CFR 635.410)
                                                                                                        waiver is appropriate for a John Deere
                                                Procurement Services Division, Federal
                                                Aviation Administration.                                640R Standard Farm Loader for                           Issued on: October 2, 2017.
                                                                                                        recreational trail maintenance by the St.             Brandye L. Hendrickson,
                                                [FR Doc. 2017–21714 Filed 10–6–17; 8:45 am]
                                                                                                        Marys Area Snowmobile Association in                  Acting Administrator, Federal Highway
                                                BILLING CODE 4910–13–P
                                                                                                        Pennsylvania because this equipment is                Administration.
                                                                                                        not available to be produced by                       [FR Doc. 2017–21862 Filed 10–5–17; 11:15 am]
                                                DEPARTMENT OF TRANSPORTATION                            domestic manufacturers using 100                      BILLING CODE 4910–22–P
                                                                                                        percent domestic steel or iron.
                                                Federal Highway Administration                             Consistent with the Consolidated
                                                                                                        Appropriations Act of 2017 (Pub. L.                   DEPARTMENT OF TRANSPORTATION
                                                Buy America Waiver Notification                         115–31), FHWA published a notice on
                                                                                                        its Web site, https://www.fhwa.dot.gov/               National Highway Traffic Safety
                                                AGENCY: Federal Highway                                 construction/contracts/waivers.cfm?                   Administration
                                                Administration (FHWA), DOT.                             id=148 on March 22 seeking comments
                                                ACTION: Notice.                                                                                               [Docket No. NHTSA–2015–0105, Notice 2]
                                                                                                        on whether a waiver of Buy America
                                                                                                        requirements is appropriate. The FHWA                 Decision That Nonconforming Model
                                                SUMMARY:   This notice provides                         received no comments in response to
                                                information regarding FHWA’s finding                                                                          Year 2010 Lamborghini Murcielago
                                                                                                        the publication. Both the St. Marys Area              Passenger Cars Are Eligible for
                                                that a Buy America waiver is                            Snowmobile Association and
                                                appropriate for the procurement of a                                                                          Importation
                                                                                                        Pennsylvania Department of
                                                John Deere 640R Standard Farm Loader                    Conservation and Natural Resources                    AGENCY: National Highway Traffic
                                                for recreational trail maintenance by the               were unable to verify that equipment                  Safety Administration (NHTSA),
                                                St. Marys Area Snowmobile Association                   meeting its specifications could be                   Department of Transportation (DOT).
                                                (through the Pennsylvania Department                    produced by domestic manufacturers.                   ACTION: Grant of petition.
                                                of Conservation and Natural Resources)                  The applicant requires and all-terrain,
                                                because the equipment is not available                  all-season, medium frame tractor to pull              SUMMARY:   This document announces a
                                                to be produced using 100 percent                        snow grooming equipment and clear the                 decision by the National Highway
                                                domestic steel or iron.                                 trail of vegetation. The applicant could              Traffic Safety Administration that
                                                DATES: The effective date of the waiver                 not locate a domestically manufactured                certain model year (MY) 2010
                                                is October 11, 2017.                                    model of all season, medium frame                     Lamborghini Murcielago passenger cars
                                                FOR FURTHER INFORMATION CONTACT: For                    tractors that can accommodate its                     (PCs) that were not originally
                                                questions about this notice, please                     existing snow grooming equipment. The                 manufactured to comply with all
                                                contact Mr. Gerald Yakowenko, FHWA                      FHWA also contacted a potential                       applicable Federal Motor Vehicle Safety
sradovich on DSK3GMQ082PROD with NOTICES




                                                Office of Program Administration, (202)                 domestic manufacturer and a domestic                  Standards (FMVSS) are eligible for
                                                366–1562, or via email at                               vendor to verify whether the subject                  importation into the United States
                                                gerald.yakowenko@dot.gov. For legal                     materials or a suitable substitute were               because they are substantially similar to
                                                questions, please contact Mr. William                   reasonably available. Based on all the                vehicles originally manufactured for
                                                Winne, FHWA Office of the Chief                         information available to the agency,                  sale in the United States and certified by
                                                Counsel, 202–366–1397, or via email at                  FHWA concludes that there are no                      their manufacturer as complying with
                                                william.winne@dot.gov. Office hours for                 domestic manufacturers of a John Deere                the safety standards (the U.S. certified


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Document Created: 2017-10-07 10:32:26
Document Modified: 2017-10-07 10:32:26
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 October 11, 2017.
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 the FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays.
FR Citation82 FR 47075 

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