Buy America Waiver Notification, 12808-12809 [2013-04247]

Download as PDF 12808 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices is intended to affect the legal status of the petition or its final disposition. Comments on this petition must identify the petition docket number involved and must be received on or before March 18, 2013. DATES: You may send comments identified by docket number FAA– 2013–0106 using any of the following methods: • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments digitally. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to https://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. ADDRESSES: Issued in Washington, DC, on February 15, 2013. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2013–0106. Petitioner: The Boeing Company. Section of 14 CFR Affected: § 25.901(c) at Amdt. 25–126 and 25.981(a)(3) at Amdt. 25–125. Description of Relief Sought: Relief from the requirements pertaining to changes to the Fuel Quantity Indication System (FQIS). [FR Doc. 2013–04285 Filed 2–22–13; 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 (1) Electrical Controls and Electrical Equipment; (2) Main Drive Electrical Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock Electric Motor & Controls for a specific project in the State of Washington. DATES: The effective date of the waiver is February 26, 2013. 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 gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366–4928, or via email at michael.harkins@dot.gov. 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: SUMMARY: mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Electronic Access Mark Forseth, ANM–113, (425) 227– 2796, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057–3356. Andrea Copeland, ARM– 208, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW; Washington, DC 20591; email andrea.copeland@faa.gov; (202) 267– 8081. This notice is published pursuant to 14 CFR 11.85. 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. VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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 (1) Electrical Controls and Electrical Equipment; (2) Main Drive Electrical Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock Electric Motor & Controls for a specific project in the State of Washington. In accordance with Division A, section 122 of the ‘‘Consolidated and Further Continuing Appropriations Act, 2012’’ (Pub. L. 112–55), the FHWA published a notice of intent to issue a waiver on its Web site for (1) Electrical Controls and Electrical Equipment; (2) Main Drive Electrical Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock Electric Motor & Controls for a specific project in the State of Washington (https://www.fhwa.dot.gov/ construction/contracts/ waivers.cfm?id=76) on May 22nd. The FHWA received three comments in response to the publication. The first commenter (Donald Pearsal) stated that ‘‘if’’ there are manufacturers of this equipment in the United States, we should use it. The FHWA agrees with this comment. Unfortunately, however, the FHWA has been unable to locate a manufacturer who is able to produce these products in compliance with the FHWA Buy America requirements. The second commenter (Muhamad A. Naboulsi) opposed the waiver saying that ‘‘we have this type of technology,’’ but he did not provide information regarding which domestic manufacturer may produce these products in compliance with the FHWA’s Buy America requirements. The third commenter (Rich) supports the waiver if the American product is more than 50 percent over non-domestic product. However, this is not the standard for the application of Buy America. Under Buy America, all steel and iron of predominantly steel or iron products must manufactured in the United States. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers of (1) Electrical Controls and Electrical Equipment; (2) Main Drive Electrical Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock Electric Motor & Controls. Based on all the information available to the agency, including the consideration of E:\FR\FM\25FEN1.SGM 25FEN1 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices the comments, the FHWA concludes that there are no manufacturers of (1) Electrical Controls and Electrical Equipment; (2) Main Drive Electrical Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock Electric Motor & Controls for the project in the State of Washington that produce the products in compliance with the FHWA’s Buy America requirements. Therefore, 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 Washington State waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Issued on: February 13, 2013. Victor M. Mendez, Federal Highway Administrator. [FR Doc. 2013–04247 Filed 2–22–13; 8:45 am] BILLING CODE 4910–22–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 iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes for the Memorial Bridge project in the State of New Hampshire. DATES: The effective date of the waiver is February 26, 2013. 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 gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366–4928, or via email at michael.harkins@dot.gov. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 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 some nondomestic iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes for a the Memorial Bridge project in the State of New Hampshire. The Memorial Bridge project will build a new crossing to replace the existing structurally deficient bridge carrying US–1 over the Piscataqua River between Portsmouth, NH, and Kittery, ME. The project is scheduled to reopen to traffic on July 6, 2013. In accordance with Division A, section 122 of the ‘‘Consolidated and Further Continuing Appropriations Act, 2012’’ (Pub. L. 112–284), the FHWA published a notice of intent to issue a waiver on its Web site for iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes in the State of New Hampshire (https://www.fhwa.dot. gov/construction/contracts/waivers. cfm?id=81) on October 4th. The FHWA received no comment in response to the publication. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers of the iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes. Based on all the information available to the agency, the FHWA concludes that there are no manufacturers of the iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes that produce the PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 12809 products in compliance with the FHWA’s Buy America requirements. Therefore, 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 Hampshire waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Issued on: February 13, 2013. Victor M. Mendez, Federal Highway Administrator. [FR Doc. 2013–04244 Filed 2–22–13; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0332] Qualification of Drivers; Application for Exemptions; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces that 9 individuals have applied for a medical exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on these requests. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant theses requests after reviewing the public comments submitted in response to this notice, the exemptions would enable these 9 individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before March 27, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2012–0332] using any of the following methods: SUMMARY: E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12808-12809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04247]


-----------------------------------------------------------------------

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 
(1) Electrical Controls and Electrical Equipment; (2) Main Drive 
Electrical Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock 
Electric Motor & Controls for a specific project in the State of 
Washington.

DATES: The effective date of the waiver is February 26, 2013.

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 
gerald.yakowenko@dot.gov. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or 
via email at michael.harkins@dot.gov. 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: 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 (1) Electrical Controls and Electrical Equipment; 
(2) Main Drive Electrical Motor; (3) Auxiliary Drive Electric Motor; 
(4) Span Lock Electric Motor & Controls for a specific project in the 
State of Washington.
    In accordance with Division A, section 122 of the ``Consolidated 
and Further Continuing Appropriations Act, 2012'' (Pub. L. 112-55), the 
FHWA published a notice of intent to issue a waiver on its Web site for 
(1) Electrical Controls and Electrical Equipment; (2) Main Drive 
Electrical Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock 
Electric Motor & Controls for a specific project in the State of 
Washington (https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=76) on May 22nd. The FHWA received three comments in 
response to the publication. The first commenter (Donald Pearsal) 
stated that ``if'' there are manufacturers of this equipment in the 
United States, we should use it. The FHWA agrees with this comment. 
Unfortunately, however, the FHWA has been unable to locate a 
manufacturer who is able to produce these products in compliance with 
the FHWA Buy America requirements. The second commenter (Muhamad A. 
Naboulsi) opposed the waiver saying that ``we have this type of 
technology,'' but he did not provide information regarding which 
domestic manufacturer may produce these products in compliance with the 
FHWA's Buy America requirements. The third commenter (Rich) supports 
the waiver if the American product is more than 50 percent over non-
domestic product. However, this is not the standard for the application 
of Buy America. Under Buy America, all steel and iron of predominantly 
steel or iron products must manufactured in the United States.
    During the 15-day comment period, the FHWA conducted additional 
nationwide review to locate potential domestic manufacturers of (1) 
Electrical Controls and Electrical Equipment; (2) Main Drive Electrical 
Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock Electric Motor 
& Controls. Based on all the information available to the agency, 
including the consideration of

[[Page 12809]]

the comments, the FHWA concludes that there are no manufacturers of (1) 
Electrical Controls and Electrical Equipment; (2) Main Drive Electrical 
Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock Electric Motor 
& Controls for the project in the State of Washington that produce the 
products in compliance with the FHWA's Buy America requirements.
    Therefore, 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 Washington State waiver page 
noted above.

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

     Issued on: February 13, 2013.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2013-04247 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-22-P
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