Buy America Waiver Notification, 46354 [2011-19509]

Download as PDF erowe on DSK5CLS3C1PROD with NOTICES 46354 Federal Register / Vol. 76, No. 148 / Tuesday, August 2, 2011 / Notices Deliver Airport Use Regulations to Each Airline was approved but does not require the air carriers to meet; Continue to Provide Noise and Aircraft Operations Information in the Quarterly Noise Reports was approved, (For the purpose of aviation safety, this approval does not extend to the use of monitoring equipment for enforcement purposes by in-situ measurement of any pre-set noise thresholds.); Revise the Noise Exposure Map was approved; and, Revise the Noise Compatibility Program was approved and this approval does not extend to potential regulatory action affecting general aviation and commuter aircraft operations or to enforcement structures not otherwise specifically approved by the FAA. FAA disapproved five (5) specific program measures. The disapproved measures included: Develop and Implement Left Turn ‘‘Over-the-Bay’’ Departure Route was disapproved since the analysis shows no effect or benefit on the Community Noise Equivalent Level (CNEL) 65 dB contour and the measure may adversely impact operational safety and efficiency; Encourage the FAA and Airlines Operating at SAN to Use Continuous Descent Approaches for Arrivals to Runway 27 was disapproved since the analysis does not demonstrate the measure’s noise benefits on the 65 dB CNEL contour; Maintain Westerly Runway Heading (275-degrees) or 290degree Heading for Runway 27 Departures Until One and One Half Miles West of the Shoreline, Weather, Airspace, and Safety Permitting was disapproved since the analysis does not demonstrate the measure’s noise benefits on the 65 dB CNEL contour; Sound Attenuate Additional Eligible Residential Units Based on Hill Effects Behind the Start of Takeoff was disapproved for purposes of part 150 since additional information and analysis is necessary to justify the measure’s noise benefits; and, Cooperate with Public Agencies Concerning Air Service was disapproved for purposes of part 150 since the Federal government has no control over local land use planning and this measure is within the authority of the San Diego Regional Airport Authority and local planning jurisdictions. These determinations are set forth in detail in a Record of Approval signed by the Manager, Airports Division (AWP– 600) on June 30, 2011. The Record of Approval, as well as other evaluation materials and the documents comprising the submittal, are available for review at the FAA office listed above and at the administrative offices of the VerDate Mar<15>2010 15:03 Aug 01, 2011 Jkt 223001 San Diego County Regional Airport Authority. The Record of Approval also will be available on-line at: https://www.faa.gov/ airports/environmental/airport_noise/ part_150/states/. Issued in Hawthorne on July 15, 2011. Mark A. McClardy, Manager, Airports Division, Western-Pacific Region . [FR Doc. 2011–19499 Filed 8–1–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification Federal Highway Administration (FHWA), DOT. ACTION: Notice. AGENCY: This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for the use of non-domestic RuggCom RS900G, RS900L, and RS930L network controllers for replacement of outdated network controllers on Recovery Act project; X–STP–S000(497) in Oregon State. DATES: The effective date of the waiver is August 3, 2011. 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 8 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: 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 PO 00000 Frm 00088 Fmt 4703 Sfmt 9990 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 RuggCom RS900G, RS900L, and RS930L network controllers for replacement of outdated network controllers on Recovery Act project; X– STP–S000(497) in Oregon State. In accordance with Division A, section 123 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 RuggCom RS900G, RS900L, and RS930L network controllers for replacement of outdated network controllers (https://www.fhwa.dot.gov/ construction/contracts/ waivers.cfm?id=54) on April 6th. The FHWA received three comments in response to the publication. The first comment suggested a potential domestic manufacturer; Optelecom-NKF based in Maryland. Optelecom-NKF was contacted by ODOT, and the company stated that their products are manufactured outside the country but assembled domestically. The second commenter simply opposed the waiver request but did not suggest a domestic manufacturer. The third commenter supported the waiver request based on his experience with the RuggCom RS900G, RS900L, and RS930L network controllers. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers for RuggCom RS900G, RS900L, and RS930L network controllers. Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers of RuggCom RS900G, RS900L, and RS930L network controllers. 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 Oregon waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Issued on: July 26, 2011. Victor M. Mendez, Federal Highway Administrator. [FR Doc. 2011–19509 Filed 8–1–11; 8:45 am] BILLING CODE 4910–22–P E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 76, Number 148 (Tuesday, August 2, 2011)]
[Notices]
[Page 46354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19509]


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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 the use of non-domestic 
RuggCom RS900G, RS900L, and RS930L network controllers for replacement 
of outdated network controllers on Recovery Act project; X-STP-
S000(497) in Oregon State.

DATES: The effective date of the waiver is August 3, 2011.

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 8 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: 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 to use non-domestic RuggCom RS900G, RS900L, and RS930L 
network controllers for replacement of outdated network controllers on 
Recovery Act project; X-STP-S000(497) in Oregon State.
    In accordance with Division A, section 123 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 RuggCom RS900G, 
RS900L, and RS930L network controllers for replacement of outdated 
network controllers (https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=54) on April 6th. The FHWA received three comments in 
response to the publication. The first comment suggested a potential 
domestic manufacturer; Optelecom-NKF based in Maryland. Optelecom-NKF 
was contacted by ODOT, and the company stated that their products are 
manufactured outside the country but assembled domestically. The second 
commenter simply opposed the waiver request but did not suggest a 
domestic manufacturer. The third commenter supported the waiver request 
based on his experience with the RuggCom RS900G, RS900L, and RS930L 
network controllers. During the 15-day comment period, the FHWA 
conducted additional nationwide review to locate potential domestic 
manufacturers for RuggCom RS900G, RS900L, and RS930L network 
controllers. Based on all the information available to the agency, the 
FHWA concludes that there are no domestic manufacturers of RuggCom 
RS900G, RS900L, and RS930L network controllers.
    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 Oregon waiver page noted above.

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

     Issued on: July 26, 2011.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2011-19509 Filed 8-1-11; 8:45 am]
BILLING CODE 4910-22-P
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