Buy America Waiver Notification, 38594-38595 [2010-16085]

Download as PDF 38594 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices 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 link provided to the Florida waiver page noted above. (Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410) Issued on: June 23, 2010. Victor M. Mendez, Administrator. [FR Doc. 2010–16088 Filed 7–1–10; 8:45 am] BILLING CODE 4910–22–P 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 a Buy America waiver is appropriate for the use of the nondomestic steel component of UNISTRUT fall arrest system, for replacement in kind on Stickel Bridge project no. BR–280–6(091) in New Jersey. DATES: The effective date of the waiver is July 6, 2010. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366–1562, or via e-mail at gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366–4928, or via e-mail at michael.harkins@dot.gov. Office hours for the FHWA are from 7:45 a.m. to 4:15 p.m., et., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: emcdonald on DSK2BSOYB1PROD with NOTICES 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 VerDate Mar<15>2010 18:27 Jul 01, 2010 Jkt 220001 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 to use for the nondomestic steel component for the UNISTRUT fall protection system, which is compatible with the existing system. In accordance with section 123 of Division A, of the ‘‘Consolidated Appropriations Act, 2010’’ (Pub. L. 111– 117), the FHWA published a notice of intent to issue a waiver on its Web site for the steel component of the UNISTRUT fall protection system (https://www.fhwa.dot.gov/construction/ contracts/waivers.cfm?id=50) on May 25, 2010. The FHWA received three comments in response to the publication. The three comments suggested different domestic manufacturers of fall protection systems and opposed the approval of the waiver request. The New Jersey Department of Transportation responded with a comment stating that the waiver is for replacement of a component of the existing UNISTRUT fall protection system and not for an entirely new fall protection system. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers of a compatible steel component for the UNISTRUT fall protection system. Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers of compatible steel components for the UNISTRUT fall protection system. 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 link provided to the New Jersey waiver page, noted above. (Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410) Issued on: June 23, 2010. Victor M. Mendez, Administrator. [FR Doc. 2010–16082 Filed 7–1–10; 8:45 am] BILLING CODE 4910–22–P PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 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 a Buy America waiver is appropriate for the use of non-domestic high strength steel bars ASTM A722M 150 ksi (17⁄8 inches in diameter) for emergency repairs of broken eye bars on the San Francisco Oakland Bay Bridge in California. These emergency repairs did not require prior FHWA authorization. The California Department of Transportation (Caltrans) conducted a search and was not able to find a domestic source for the high strength steel bars ASTM A722M 150 ksi (17⁄8 inches in diameter). As a result, Caltrans proceeded to utilize a foreign source for this product. Based on the emergency situation, and Caltrans’ reasonable efforts to comply with Buy America, the FHWA concludes that a public interest waiver is appropriate for the use of non-domestic high strength steel bars for emergency repairs of broken eye bars on the San Francisco Oakland Bridge in California. DATES: The effective date of the waiver is July 6, 2010. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366–1562, or via e-mail at gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366–4928, or via e-mail at michael.harkins@dot.gov. Office hours for the FHWA are from 7:45 a.m. to 4:15 p.m., est., 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 E:\FR\FM\02JYN1.SGM 02JYN1 emcdonald on DSK2BSOYB1PROD with NOTICES Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices 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 to use nondomestic high strength steel bars based on the public interest provision in FHWA’s policy. On October 27, 2009, a repair made during the 2009 Labor Day weekend to a cracked eye bar on the San Francisco Oakland Bay Bridge failed, requiring the closure of the bridge. The San Francisco Oakland Bay Bridge carries over 280,000 vehicles per day creating transportation gridlock in the area. Caltrans’ goals were to ensure the safety of the bridge and reopen it as soon as possible through an emergency repair contract. Caltrans contacted four steel fabricators regarding their ability to supply domestic high strength bars to meet the schedule for the emergency repairs. They were unable to find a fabricator who had domestic high strength steel on hand that was able to meet their schedule. In accordance with Division K, section 130 of the ‘‘Consolidated Appropriations Act, 2008’’ (Pub. L. 110– 161), the FHWA published a notice of intent to issue a waiver on its Web site for the high strength steel bars (https:// www.fhwa.dot.gov/construction/ contracts/waivers.cfm?id=46) on March 22, 2010. The FHWA received four comments in response to the notice. One commenter suggested that Gerdau Ameristeel manufactures the high strength steel bars domestically. Caltrans contacted Gerdau Ameristeel to verify availability of high strength steel bars during the period of emergency repairs. Gerdau Ameristeel indicated that a lead time is required and the high strength steel bars would not have been available for emergency repairs. Two comments were from Caltrans explaining the circumstances surrounding the project, as well as the efforts made by Caltrans in contacting potential domestic manufacturers. The fourth comment expressed general support for the Buy America requirement. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers for the high strength steel bars. Based on all the information available to the agency, the FHWA concludes that there were no domestic high strength steel bars ASTM A 722M 150ksi (17⁄8 inches diameter) VerDate Mar<15>2010 18:27 Jul 01, 2010 Jkt 220001 readily available for emergency repairs of the broken eye bars. 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 link provided to the California waiver page noted above. (Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410) Issued on: June 24, 2010. Victor M. Mendez, Administrator. [FR Doc. 2010–16085 Filed 7–1–10; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Guidance to States Regarding Driver History Record Information Security, Continuity of Operation Planning, and Disaster Recovery Planning AGENCY: Federal Motor Carrier Safety Administration, DOT. ACTION: Notice. SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) announces guidance to State driver licensing agencies (SDLAs) to support their efforts at maintaining the security of information contained in the driver history record of commercial driver’s license (CDL) holders. Further, FMCSA provides States with recommendations related to continuity of operation and disaster recovery planning to ensure the permanence of information contained in the driver history record of a CDL holder. This action is in response to the Department of Transportation Office of the Inspector General’s (OIG) 2009 report Audit of the Data Integrity of the Commercial Driver’s License Information System (CDLIS). FOR FURTHER INFORMATION CONTACT: Selden Fritschner, Chief, Commercial Driver’s License Division, E-mail: selden.fritschner@dot.gov, Telephone: 202–366–0677, or Kelvin Taylor, Information Systems Security Officer, Email: kelvin.taylor@dot.gov, Telephone: 202–366–4028. Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 38595 I. Background In July 2009, the Department of Transportation’s Office of Inspector General released the report Audit of the Data Integrity of the Commercial Driver’s License Information System as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (Pub. L. 109–59). CDLIS consists of a database, known as the Central Site, which maintains individual Master Pointer Records (MPR) with identifying information for each CDL holder in the United States. This database directs or points inquirers to the database of each of the 51 CDL-issuing jurisdictions for more complete driver history records. Connectivity for the system is provided through an encrypted communications network. The FMCSA has designated the American Association of Motor Vehicle Administrators (AAMVA) as the operator of the Central Site and the communications network. States are responsible for ensuring their systems comply with the CDLIS specifications and procedures as published by AAMVA. In preparing its report, OIG evaluated several factors related to the information stored at the CDLIS Central Site and on State databases. Specifically, OIG attempted to determine ‘‘whether CDLIS and State department of motor vehicles (DMV) information systems were adequately secured,’’ and ‘‘the adequacy of contingency plans to ensure continued CDLIS service to DMVs following a disaster or emergency.’’ (Note: The OIG report refers to DMVs. However, as States continue to reorganize their organizations away from all-inclusive DMVs, FMCSA has used the term ‘‘State Driver Licensing Agencies’’ in previous rulemakings to refer to these same agencies responsible for issuing CDLs). The identifying information on the MPR at the CDLIS Central Site includes the name, date of birth, social security number, State of Record, and driver’s license number. Because this information, both as individual and cumulative data elements, is considered personally identifiable information (PII), possessors of the information must take specific steps to prevent unauthorized access and dissemination. At the same time, because the information contained at the CDLIS Central Site and on SDLA databases is crucial to highway safety during the CDL issuance process and at roadside enforcement/inspection, it is paramount that the data be available to all authorized users with minimal disruption. E:\FR\FM\02JYN1.SGM 02JYN1

Agencies

[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38594-38595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16085]


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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 a Buy America waiver is appropriate for the use of non-domestic 
high strength steel bars ASTM A722M 150 ksi (1\7/8\ inches in diameter) 
for emergency repairs of broken eye bars on the San Francisco Oakland 
Bay Bridge in California. These emergency repairs did not require prior 
FHWA authorization. The California Department of Transportation 
(Caltrans) conducted a search and was not able to find a domestic 
source for the high strength steel bars ASTM A722M 150 ksi (1\7/8\ 
inches in diameter). As a result, Caltrans proceeded to utilize a 
foreign source for this product. Based on the emergency situation, and 
Caltrans' reasonable efforts to comply with Buy America, the FHWA 
concludes that a public interest waiver is appropriate for the use of 
non-domestic high strength steel bars for emergency repairs of broken 
eye bars on the San Francisco Oakland Bridge in California.

DATES: The effective date of the waiver is July 6, 2010.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, or via e-mail at 
gerald.yakowenko@dot.gov. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or 
via e-mail at michael.harkins@dot.gov. Office hours for the FHWA are 
from 7:45 a.m. to 4:15 p.m., est., 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

[[Page 38595]]

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 to use non-
domestic high strength steel bars based on the public interest 
provision in FHWA's policy.
    On October 27, 2009, a repair made during the 2009 Labor Day 
weekend to a cracked eye bar on the San Francisco Oakland Bay Bridge 
failed, requiring the closure of the bridge. The San Francisco Oakland 
Bay Bridge carries over 280,000 vehicles per day creating 
transportation gridlock in the area. Caltrans' goals were to ensure the 
safety of the bridge and reopen it as soon as possible through an 
emergency repair contract. Caltrans contacted four steel fabricators 
regarding their ability to supply domestic high strength bars to meet 
the schedule for the emergency repairs. They were unable to find a 
fabricator who had domestic high strength steel on hand that was able 
to meet their schedule.
    In accordance with Division K, section 130 of the ``Consolidated 
Appropriations Act, 2008'' (Pub. L. 110-161), the FHWA published a 
notice of intent to issue a waiver on its Web site for the high 
strength steel bars (https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=46) on March 22, 2010. The FHWA received four comments 
in response to the notice. One commenter suggested that Gerdau 
Ameristeel manufactures the high strength steel bars domestically. 
Caltrans contacted Gerdau Ameristeel to verify availability of high 
strength steel bars during the period of emergency repairs. Gerdau 
Ameristeel indicated that a lead time is required and the high strength 
steel bars would not have been available for emergency repairs. Two 
comments were from Caltrans explaining the circumstances surrounding 
the project, as well as the efforts made by Caltrans in contacting 
potential domestic manufacturers. The fourth comment expressed general 
support for the Buy America requirement.
    During the 15-day comment period, the FHWA conducted additional 
nationwide review to locate potential domestic manufacturers for the 
high strength steel bars. Based on all the information available to the 
agency, the FHWA concludes that there were no domestic high strength 
steel bars ASTM A 722M 150ksi (1\7/8\ inches diameter) readily 
available for emergency repairs of the broken eye bars.
    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 
link provided to the California waiver page noted above.

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

     Issued on: June 24, 2010.
Victor M. Mendez,
Administrator.
[FR Doc. 2010-16085 Filed 7-1-10; 8:45 am]
BILLING CODE 4910-22-P