Buy America Waiver Notification, 4500-4501 [E9-1516]

Download as PDF 4500 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices for FAA approval which sets forth the measures the operator has taken or proposes to take to reduce existing noncompatible uses and prevent the introduction of additional noncompatible uses. The FAA has completed its review of the noise exposure maps and accompanying documentation submitted by City of Modesto, Modesto, California. The documentation that constitutes the ‘‘Noise Exposure Maps’’ as defined in section 150.7 of Part 150 includes: Exhibit 1 ‘‘2008 Noise Exposure Map’’, and Exhibit 2 ‘‘2015 Noise Exposure Map’’. The Noise Exposure Maps contain current and forecast information including the depiction of the airport and its boundaries, the runway configurations, land uses such as residential, open space, and noise-sensitive institutions and those areas within the Community Noise Equivalent Level (CNEL) 60, 65, 70 and 75 noise contours. Estimates for the number of people within these contours for the year 2008 are shown in Table 3B. Estimates of the future residential population within the 2015 noise contours are shown in Table 3E. Exhibit 2M displays the location of noise monitoring sites. Flight tracks for the existing and the five-year forecast Noise Exposure Maps are found in Exhibits 2C, 2E, and 2G. The type and frequency of aircraft operations (including nighttime operations) are found in Tables 2A and 2B. The FAA has determined that these noise exposure maps and accompanying documentation are in compliance with applicable requirements. This determination is effective on January 9, 2009. FAA’s determination on an airport operator’s noise exposure maps is limited to a finding that the maps were developed in accordance with the procedures contained in Appendix A of FAR Part 150. Such determination does not constitute approval of the applicant’s data, information or plans, or a commitment to approve a noise compatibility program or to fund the implementation of that program. If questions arise concerning the precise relationship of specific properties to noise exposure contours depicted on a noise exposure map submitted under section 47503 of the Act, it should be noted that the FAA is not involved in any way in determining the relative locations of specific properties with regard to the depicted noise contours, or in interpreting the noise exposure maps to resolve questions concerning, for example, which properties should be covered by the provisions of section VerDate Nov<24>2008 17:20 Jan 23, 2009 Jkt 217001 47506 of the Act. These functions are inseparable from the ultimate land use control and planning responsibilities of local government. These local responsibilities are not changed in any way under Part 150 or through FAA’s review of noise exposure maps. Therefore, the responsibility for the detailed overlaying of noise exposure contours onto the map depicting properties on the surface rests exclusively with the airport operator that submitted those maps, or with those public agencies and planning agencies with which consultation is required under section 47503 of the Act. The FAA has relied on the certification by the airport operator, under section 150.21 of FAR Part 150, that the statutorily required consultation has been accomplished. Copies of the full noise exposure map documentation and of the FAA’s evaluation of the maps are available for examination at the following locations: Federal Aviation Administration, Planning and Environmental Division, APP–400, 800 Independence Avenue, SW., Washington, DC 20591. Federal Aviation Administration, Western-Pacific Region, Airports Division, Room 3012, 15000 Aviation Boulevard, Hawthorne, California 90261. Federal Aviation Administration, San Francisco Airports District Office, 831 Mitten Road, Suite 210, Burlingame, California 94010–1303. Jerome Thiele, Airport Manager, Modesto City-County Airport, City of Modesto, Public Works Department— Airport Division, 617 Airport Way, Modesto, CA 95354. Questions may be directed to the individual named above under the heading FOR FURTHER INFORMATION CONTACT. Issued in Hawthorne, California on January 9, 2009. Mia Paredes Ratcliff, Acting Manager, Airports Division, AWP–600, Western-Pacific Region. [FR Doc. E9–1315 Filed 1–23–09; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice. SUMMARY: This notice provides information regarding the FHWA’s finding that Buy America waivers are PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 appropriate for certain steel products used in Federal-aid construction projects in New Jersey, NY, Massachusetts, and Florida. DATES: The effective date of the waivers is January 27, 2009. 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 findings that Buy America waivers are appropriate for four 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 four notices of intent to issue Buy America waivers: (1) A waiver for Steel API 5L, Grade X52 PSL2 wall tubing in New Jersey https://www.fhwa.dot.gov/ construction/contracts/waivers. cfm?id=25 on December 1, 2008 6, 2008; (2) a waiver for drive machinery and brakes in New York https://www.fhwa. dot.gov/construction/contracts/waivers. cfm?id=24 on December 1, 2008; (3) a waiver for four forged steel sheave hubs in Massachusetts on December 12, 2008; and (4) a waiver for machinery and motor brakes in Florida https://www. fhwa.dot.gov/construction/contracts/ waivers.cfm?id=27 on December 9, 2008. E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices The FHWA received no comments in response to the Steel API 5L, Grade X52 PSL2 wall tubing in New Jersey and the drive machinery brakes in New York, which suggested that the Steel API 5L Grade X52 PSL2 wall tubing and machinery brakes may not be available domestically. The FHWA received one comment in response to four forged steel sheave hubs in Massachusetts, and machinery and motor brakes in Florida, respectively. The comment for the four forged steel sheave hubs in Massachusetts recommends that the certification should be reviewed prior to material purchase. Massachusetts Highway Department indicated that it has a material certification procedure for their highway construction program. The comment for the machinery and motor brakes in Florida suggested that the design needs be reconsidered to make it more attractive to domestic sources. The Florida DOT stated that alteration in the design of the motor brakes is not feasible and that the current design is in compliance with the capacity of the bridge. Further investigation and inquiry revealed that the products are not available domestically. 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 the Steel API 5L, Grade X52 PSL2 wall tubing, drive machinery and brakes, machinery and motor brakes, and four forged steel sheave hubs. 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 pursuant to 23 CFR 635.410(c)(1). 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 Jersey, New York, Massachusetts and Florida waiver pages noted above. (Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410.) Issued on: January 15, 2009. Thomas J. Madison, Jr., Federal Highway Administrator. [FR Doc. E9–1516 Filed 1–23–09; 8:45 am] BILLING CODE 4910–22–P VerDate Nov<24>2008 18:54 Jan 23, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Essex and Middlesex Counties, MA AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of intent. SUMMARY: The FHWA is issuing this notice, in accordance to the National Environmental Policy Act of 1969 (NEPA) and its implementing regulations contained in 23 CFR part 771, to advise the public that an Environmental Impact Statement (EIS) will be prepared for proposed highway improvements and an interchange project on Interstate 93 (I–93) in Essex and Middlesex Counties, Massachusetts. FOR FURTHER INFORMATION CONTACT: John McVann, Director of Project Delivery, Federal Highway Administration, 55 Broadway Floor, Cambridge, Massachusetts 02142, Telephone: (617) 494–2416. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the Massachusetts Highway Department (MassHighway), will prepare an Environmental Impact Statement (EIS) on a proposal to improve I–93 in Essex and Middlesex Counties, Massachusetts. The proposed project would involve highway improvements to I–93 and the construction of a new break-in-access interchange near the Andover/ Tewksbury/Wilmington town borders. Improvements to the I–93 corridor were examined in the Route I–93 Corridor Traffic Study finalized in 2004 and endorsed by the Merrimack Valley Metropolitan Planning Organization (MPO). The proposed break-in-access was the subject of an Interchange Justification Report dated July 2006, and conditionally approved by FHWA pending the completion of the NEPA process. Because it is anticipated that the resulting project may allow for general economic development opportunities, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (EOHED) is a partnering agency with MassHighway in this project. The proposed project is to provide improvements for the existing and projected traffic demand, as well as to improve safety in the area where the use of the breakdown lane is allowed for regular vehicle travel during morning and evening peak periods. The proposed interchange will provide access to all three towns including potential new development sites. Alternatives under consideration include: (1) Taking no PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 4501 action; (2) Transportation Demand Management (TDM); (3) using alternate travel modes; (4) providing improvements at other local and interstate roadway network locations; and (5) constructing a new interchange. Design variations of grade, alignment, and access will be incorporated into and studied with the various build alternatives. A formal scoping meeting will be held at the Tewksbury Town Hall Auditorium on March 19, 2009, from 2 p.m. to 4 p.m. (EST) for the participating agencies, and from 4 p.m. to 8 p.m. (EST) for the general public. Letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State, and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. A series of public meetings will be held in Andover, Tewksbury and Wilmington, Massachusetts throughout 2009. In addition, a public hearing will be held within 60 days of the availability of the draft EIS. Public notice will be given of the time and place of the meetings and hearing. The draft EIS will be available for public and agency review and comment prior to the public hearing. Comments and suggestions are invited from all interested parties during the appropriate step in the NEPA process to ensure that the full range of issues related to this proposed action are addressed and all significant issues identified. Comments or questions concerning this proposed action and the EIS should be directed to the FHWA at the address provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Issued on: January 15, 2009. Lucy Garliauskas, Division Administrator. [FR Doc. E9–1422 Filed 1–23–09; 8:45 am] BILLING CODE 4910–22–M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Action on PIN 8006.72, New York State Route 17 at Exit 122 Within the Town of Wallkill, Orange County, NY AGENCY: Federal Highway Administration (FHWA), DOT. E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4500-4501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1516]


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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 Buy America waivers are appropriate for certain steel products 
used in Federal-aid construction projects in New Jersey, NY, 
Massachusetts, and Florida.

DATES: The effective date of the waivers is January 27, 2009.

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 findings that Buy America waivers are 
appropriate for four 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 four notices of intent to issue Buy America waivers: (1) A 
waiver for Steel API 5L, Grade X52 PSL2 wall tubing in New Jersey 
https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=25 on 
December 1, 2008 6, 2008; (2) a waiver for drive machinery and brakes 
in New York https://www.fhwa.dot.gov/construction/contracts/
waivers.cfm?id=24 on December 1, 2008; (3) a waiver for four forged 
steel sheave hubs in Massachusetts on December 12, 2008; and (4) a 
waiver for machinery and motor brakes in Florida https://
www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=27 on December 
9, 2008.

[[Page 4501]]

    The FHWA received no comments in response to the Steel API 5L, 
Grade X52 PSL2 wall tubing in New Jersey and the drive machinery brakes 
in New York, which suggested that the Steel API 5L Grade X52 PSL2 wall 
tubing and machinery brakes may not be available domestically. The FHWA 
received one comment in response to four forged steel sheave hubs in 
Massachusetts, and machinery and motor brakes in Florida, respectively. 
The comment for the four forged steel sheave hubs in Massachusetts 
recommends that the certification should be reviewed prior to material 
purchase. Massachusetts Highway Department indicated that it has a 
material certification procedure for their highway construction 
program. The comment for the machinery and motor brakes in Florida 
suggested that the design needs be reconsidered to make it more 
attractive to domestic sources. The Florida DOT stated that alteration 
in the design of the motor brakes is not feasible and that the current 
design is in compliance with the capacity of the bridge. Further 
investigation and inquiry revealed that the products are not available 
domestically.
    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 the Steel API 5L, Grade X52 PSL2 wall tubing, drive 
machinery and brakes, machinery and motor brakes, and four forged steel 
sheave hubs.
    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 pursuant to 23 CFR 
635.410(c)(1). 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 Jersey, New York, Massachusetts and Florida waiver pages noted 
above.

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

    Issued on: January 15, 2009.
Thomas J. Madison, Jr.,
Federal Highway Administrator.
[FR Doc. E9-1516 Filed 1-23-09; 8:45 am]
BILLING CODE 4910-22-P