Buy America Waiver Notification, 58295 [E8-23574]

Download as PDF Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification Federal Highway Administration (FHWA), DOT. ACTION: Notice. AGENCY: SUMMARY: This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for certain steel products used in Federal-aid construction projects in New York and Rhode Island. DATES: The effective date of the waiver is October 7, 2008. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366–1562, gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366–4928, michael.harkins@dot.gov. Office hours for the FHWA are from 7:45 a.m. to 4:15 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: https:// www.archives.gov and the Government Printing Office’s database at: https:// www.access.gpo.gov/nara. jlentini on PROD1PC65 with NOTICES 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 the FHWA’s finding that a Buy America waiver is appropriate for two specific cases. In accordance with section 130 of Division K of the ‘‘Consolidated Appropriations Act, 2008’’ (Pub. L. 110– 161), the FHWA published on its Web site a notice of intent to issue a waiver for Center Pivot Bearing Assembly in New York https://www.fhwa.dot.gov/ construction/contracts/ waivers.cfm?id=14 on July 14, and stainless steel clad reinforcing bars (for experimental research) in Rhode Island VerDate Aug<31>2005 17:44 Oct 03, 2008 Jkt 217001 https://www.fhwa.dot.gov/construction/ contracts/waivers.cfm?id=18 on August 12. The FHWA received a comment in response to Center Pivot Bearing Assembly which suggested that the Center Pivot Bearing may be available domestically. Further investigation and inquiry revealed that the product is not available domestically. Some comments received in response to stainless steel clad rebars suggested that solid stainless rebar should be used, and that stainless clad rebar may be more expensive than solid stainless rebar. Other commenters disagreed with this position. The Rhode Island DOT’s waiver request is to evaluate the stainless clad reinforcing bars under an experimental project. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers for the products. Based on all the information available to the Agency including the responses received to the notices as well as the Agency’s nationwide review, the FHWA concludes that there are no domestic manufacturers for these products and a Buy America waiver is appropriate as provided by 23 CFR 635.410(c)(1). In accordance with the provisions of section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat.1572), the 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 the FHWA’s Web site via the links above to the New York and Rhode Island waiver pages noted above. (Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410) Issued on: September 29, 2008. Thomas J. Madison, Jr. Federal Highway Administrator. [FR Doc. E8–23574 Filed 10–3–08; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; CHRYSLER National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition for exemption. AGENCY: PO 00000 Frm 00186 Fmt 4703 Sfmt 4703 58295 SUMMARY: This document grants in full the Chrysler LLC, (Chrysler) petition for exemption of the Dodge Journey vehicle line in accordance with 49 CFR Part 543, Exemption from the Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the partsmarking requirements of the Theft Prevention Standard (49 CFR Part 541). DATES: The exemption granted by this notice is effective beginning with the 2010 Model Year (MY). FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590. Ms. Ballard’s phone number is (202) 366–0846. Her fax number is (202) 493–2990. SUPPLEMENTARY INFORMATION: In a petition dated July 15, 2008, Chrysler requested an exemption from the partsmarking requirements of the theft prevention standard (49 CFR Part 541) for the Dodge Journey vehicle line, beginning with MY 2010. The petition requested an exemption from partsmarking requirements pursuant to 49 CFR 543, Exemption from Vehicle Theft Prevention Standard, based on the installation of an antitheft device as standard equipment for the entire vehicle line. Under Section § 543.5(a), a manufacturer may petition NHTSA to grant exemptions for one of its vehicle lines per year. Chrysler has petitioned the agency to grant an exemption for its Dodge Journey vehicle line beginning with MY 2010. In its petition, Chrysler provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for the new vehicle line. Chrysler will install the Sentry Key Immobilizer System (SKIS) antitheft device as standard equipment on the vehicle line. The major components of the SKIS device consists of a powertrain control module, integrated power module, sentry key remote entry module (SKREEM), fob with integrated key (FOBIK) and an electromechanical instrument cluster which controls the telltale function only. All of these components work collectively to perform the immobilizer function. Chrysler stated that the SKIS provides passive vehicle protection by preventing the engine from operating unless a valid electronically encoded key is detected in the ignition lock cylinder. The immobilizer feature is activated when E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Page 58295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23574]



[[Page 58295]]

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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 the FHWA's finding 
that a Buy America waiver is appropriate for certain steel products 
used in Federal-aid construction projects in New York and Rhode Island.

DATES: The effective date of the waiver is October 7, 2008.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, gerald.yakowenko@dot.gov. For legal 
questions, please contact Mr. Michael Harkins, FHWA Office of the Chief 
Counsel, (202) 366-4928, michael.harkins@dot.gov. Office hours for the 
FHWA are from 7:45 a.m. to 4:15 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: https://www.archives.gov and the 
Government Printing Office's database at: https://www.access.gpo.gov/
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 the FHWA's finding that a Buy America waiver is 
appropriate for two specific cases.
    In accordance with section 130 of Division K of the ``Consolidated 
Appropriations Act, 2008'' (Pub. L. 110-161), the FHWA published on its 
Web site a notice of intent to issue a waiver for Center Pivot Bearing 
Assembly in New York https://www.fhwa.dot.gov/construction/contracts/
waivers.cfm?id=14 on July 14, and stainless steel clad reinforcing bars 
(for experimental research) in Rhode Island https://www.fhwa.dot.gov/
construction/contracts/waivers.cfm?id=18 on August 12. The FHWA 
received a comment in response to Center Pivot Bearing Assembly which 
suggested that the Center Pivot Bearing may be available domestically. 
Further investigation and inquiry revealed that the product is not 
available domestically. Some comments received in response to stainless 
steel clad rebars suggested that solid stainless rebar should be used, 
and that stainless clad rebar may be more expensive than solid 
stainless rebar. Other commenters disagreed with this position. The 
Rhode Island DOT's waiver request is to evaluate the stainless clad 
reinforcing bars under an experimental project. During the 15-day 
comment period, the FHWA conducted additional nationwide review to 
locate potential domestic manufacturers for the products. Based on all 
the information available to the Agency including the responses 
received to the notices as well as the Agency's nationwide review, the 
FHWA concludes that there are no domestic manufacturers for these 
products and a Buy America waiver is appropriate as provided by 23 CFR 
635.410(c)(1).
    In accordance with the provisions of section 117 of the SAFETEA-LU 
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat.1572), the 
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 the FHWA's Web site via the 
links above to the New York and Rhode Island waiver pages noted above.

(Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410)

    Issued on: September 29, 2008.
Thomas J. Madison, Jr.
Federal Highway Administrator.
 [FR Doc. E8-23574 Filed 10-3-08; 8:45 am]
BILLING CODE 4910-22-P
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