Buy America Waiver Notification, 46384-46385 [2015-19137]

Download as PDF 46384 Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Receipt of Noise Compatibility Program and Request for Review; Laughlin/Bullhead International Airport, Bullhead City, Arizona Federal Aviation Administration, DOT. ACTION: Notice. AGENCY: The Federal Aviation Administration (FAA) announces that it is reviewing a proposed noise compatibility program that was submitted for Laughlin/Bullhead International Airport under the provisions of Title 49 United States Code, Section 47501 et seq. (the Aviation Safety and Noise Abatement Act, hereinafter referred to as ‘‘the Act’’) and 14 Code of Federal Regulations (CFR) Part 150 by the Mohave County Airport Authority. This program was submitted subsequent to a determination by FAA that associated noise exposure maps submitted under 14 CFR part 150 for Laughlin/Bullhead International Airport were in compliance with applicable requirements, effective November 21, 2013 (Federal Register Volume 78, No. 230, 11–29–2013). The proposed noise compatibility program will be approved or disapproved on or before January 18, 2016. DATES: Effective Date: This notice is effective August 4, 2015 and is applicable beginning July 23, 2015. The public comment period ends September 21, 2015. FOR FURTHER INFORMATION CONTACT: Jared M. Raymond, Airport Planner, Phoenix Airports District Office, Phoenix, Arizona, (602) 792–1072. Comments on the proposed noise compatibility program should also be submitted to the above office. SUPPLEMENTARY INFORMATION: This notice announces that the FAA is reviewing a proposed noise compatibility program for Laughlin/ Bullhead International Airport which will be approved or disapproved on or before January 18, 2016. This notice also announces the availability of this program for public review and comment. An airport operator who has submitted noise exposure maps that are found by FAA to be in compliance with the requirements of Federal Aviation Regulations (FAR) Part 150, promulgated pursuant to the Act, may submit a noise compatibility program for FAA approval which sets forth the measures the operator has taken or tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:45 Aug 03, 2015 Jkt 235001 proposes to reduce existing noncompatible uses and prevent the introduction of additional noncompatible uses. The FAA has formally received the noise compatibility program for Laughlin/Bullhead International Airport, effective on July 23, 2015. The airport operator has requested that the FAA review this material and that the noise mitigation measures, to be implemented jointly by the airport and surrounding communities, be approved as a noise compatibility program under section 47504 of the Act. Preliminary review of the submitted material indicates that it conforms to FAR Part 150 requirements for the submittal of noise compatibility programs, but that further review will be necessary prior to approval or disapproval of the program. The formal review period, limited by law to a maximum of 180 days, will be completed on or before January 18, 2016. The FAA’s detailed evaluation will be conducted under the provisions of 14 CFR part 150, Section 150.33. The primary considerations in the evaluation process are whether the proposed measures may reduce the level of aviation safety or create an undue burden on interstate or foreign commerce, and whether they are reasonably consistent with obtaining the goal of reducing existing noncompatible land uses and preventing the introduction of additional noncompatible land uses. Interested persons are invited to comment on the proposed program with specific reference to these factors. All comments relating to these factors, other than those properly addressed to local land use authorities, will be considered by the FAA to the extent practicable. Copies of the noise exposure maps and the proposed noise compatibility program are available for examination at the following locations during normal business hours: Federal Aviation Administration, Western Pacific Region, Airports Division, Room 3012, 15000 Aviation Boulevard, Hawthorne, California, 90261 Federal Aviation Administration, Phoenix Airports District Office, 3800 N. Central Ave., Suite 1025, Phoenix, Arizona 85012 Laughlin/Bullhead International Airport, 2250 Laughlin View Drive, Bullhead City, Arizona 86429 Questions may be directed to the individual named above under the heading, FOR FURTHER INFORMATION CONTACT. PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 Issued in Hawthorne, California, on July 23, 2015. Mark A. McClardy, Manager, Airports Division, AWP–600, Western-Pacific Region. [FR Doc. 2015–19142 Filed 8–3–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice. AGENCY: This notice provides information regarding FHWA’s finding that a Buy America waiver is appropriate for the obligation of Federal-aid funds for 57 State projects involving the acquisition of vehicles and equipment on the condition that they be assembled in the U.S. DATES: The effective date of the waiver is August 5, 2015. 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. Jomar Maldonado, FHWA Office of the Chief Counsel, 202–366–1373, or via email at jomar.maldonado@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: Electronic Access An electronic copy of this document may be downloaded from the Federal Register’s home page at http:// www.archives.gov and the Government Publishing Office’s database at http:// www.access.gpo.gov/nara. Background This notice provides information regarding FHWA’s finding that a Buy America waiver is appropriate for the obligation of Federal-aid funds for 57 State projects involving the acquisition of vehicles (including sedans, vans, pickups, trucks, buses, and street sweepers) and equipment (such as Bridge snooper truck and trail grooming equipment) on the condition that they be assembled in the U.S. The waiver would apply to approximately 349 vehicles. The requests, available at http://www.fhwa.dot.gov/construction/ contracts/cmaq150611.cfm, are E:\FR\FM\04AUN1.SGM 04AUN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices incorporated by reference into this notice. These projects are being undertaken to implement air quality improvement, safety, and mobility goals under FHWA’s Congestion Mitigation and Air Quality Improvement Program; National Bridge and Tunnel Inventory and Inspection Program; and the Recreational Trails Program. Title 23, Code of Federal Regulations, section 635.410 requires that steel or iron materials (including protective coatings) that will be permanently incorporated in a Federal-aid project must be manufactured in the U.S. For FHWA, this means that all the processes that modified the chemical content, physical shape or size, or final finish of the material (from initial melting and mixing, continuing through the bending and coating) occurred in the U.S. The statute and regulations create a process for granting waivers from the Buy America requirements when its application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available. In 1983, FHWA determined that it was both in the public interest and consistent with the legislative intent to waive Buy America for manufactured products other than steel manufactured products. However, FHWA’s national waiver for manufactured products does not apply to the requests in this notice because they involve predominately steel and iron manufactured products. The FHWA’s Buy America requirements do not have special provisions for applying Buy America to ‘‘rolling stock’’ such as vehicles or vehicle components (see 49 U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and 49 U.S.C. 24405(a)(2)(C) for examples of Buy America rolling stock provisions for other DOT agencies). Based on all the information available to the agency, FHWA concludes that there are no domestic manufacturers that produce the vehicles and vehicle components identified in this notice in such a way that their steel and iron elements are manufactured domestically. The FHWA’s Buy America requirements were tailored to the types of products that are typically used in highway construction, which generally meet the requirement that steel and iron materials be manufactured domestically. In today’s global industry, vehicles are assembled with iron and steel components that are manufactured all over the world. The FHWA is not aware of any domestically produced vehicle on the market that meets FHWA’s Buy America requirement to have all its iron and steel be manufactured exclusively in the U.S. For example, the Chevrolet Volt, which was identified by many VerDate Sep<11>2014 18:45 Aug 03, 2015 Jkt 235001 commenters in a November 21, 2011, Federal Register Notice (76 FR 72027) as a car that is made in the U.S., is comprised of only 45 percent of U.S. and Canadian content according to the National Highway Traffic Safety Administration’s Part 583 American Automobile Labeling Act Report Web page (http://www.nhtsa.gov/ Laws+&+Regulations/Part+583+ American+Automobile+Labeling+ Act+(AALA)+Reports). Moreover, there is no indication of how much of this 45 percent content is U.S.-manufactured (from initial melting and mixing) iron and steel content. In accordance with Division K, section 122 of the ‘‘Consolidated and Further Continuing Appropriations Act, 2015’’ (Pub. L. 113–235), FHWA published a notice of intent to issue a waiver on its Web site at http:// www.fhwa.dot.gov/construction/ contracts/waivers.cfm?id=108 on une 12, 2015. The FHWA received five comments in response to the publication. All commenters expressed support for granting the waiver with suggestions. Richard Chaput suggested that the waiver should be limited and only granted when there is no comparable product in America to justify a waiver. Allen W. Miller supports the waiver but suggested that the only long term solution would be for the U.S. to reinvigorate manufacturing through incentive; as well as the U.S. workforce being re-educated which will require the act of Congress. The Puget Sound Clean Air Agency, Port of Seattle and Port of Tacoma support granting the waiver based on the efficiency and benefits of CMAQ programs. The Puget Sound Clean Air Agency strongly urges issuance of this waiver request to enable them to continue reduction of toxic diesel emissions from trucks serving the Port of Seattle and the Port of Tacoma and also reduce exposure to such toxics for area residents. Based on FHWA’s conclusion that there are no domestic manufacturers that can produce the vehicles and equipment identified in this notice in such a way that steel and iron materials are manufactured domestically, and after consideration of the comments received, FHWA finds that application of FHWA’s Buy America requirements to these products is inconsistent with the public interest (23 U.S.C. 313(b)(1) and 23 CFR 635.410(c)(2)(i)). However, FHWA believes that it is in the public interest and consistent with the Buy America requirements to impose the condition that the vehicles and the vehicle components be assembled in the U.S. Requiring final assembly to be performed in the U.S. is consistent with PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 46385 past guidance to FHWA Division Offices on manufactured products (see Memorandum on Buy America Policy Response, Dec. 22, 1997, http:// www.fhwa.dot.gov/programadmin/ contracts/122297.cfm). A waiver of the Buy America requirement without any regard to where the vehicle is assembled would diminish the purpose of the Buy America requirement. Moreover, in today’s economic environment, the Buy America requirement is especially significant in that it will ensure that Federal Highway Trust Fund dollars are used to support and create jobs in the U.S. This approach is similar to the conditional waivers previously given for various vehicle projects. Thus, so long as the final assembly of the 57 State projects occurs in the U.S., applicants to this waiver request may proceed to purchase these vehicles and equipment consistent with the Buy America requirement. In accordance with the provisions of section 117 of the ‘‘Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Technical Corrections Act of 2008’’ (Pub. L. 110– 244), FHWA is providing this notice of its finding that a public interest waiver of Buy America requirements is appropriate on the condition that the vehicles and equipment identified in the notice be assembled in the U.S. 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 FHWA’s Web site via the link provided to the waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Issued on: July 28, 2015. Gregory G. Nadeau, Acting Administrator, Federal Highway Administration. [FR Doc. 2015–19137 Filed 8–3–15; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2015–0070] Petition for Waiver of Compliance In accordance with part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated June 24, 2015, Florida East Coast Railway (FECR) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46384-46385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19137]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: This notice provides information regarding FHWA's finding that 
a Buy America waiver is appropriate for the obligation of Federal-aid 
funds for 57 State projects involving the acquisition of vehicles and 
equipment on the condition that they be assembled in the U.S.

DATES: The effective date of the waiver is August 5, 2015.

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. Jomar Maldonado, FHWA Office of 
the Chief Counsel, 202-366-1373, or via email at 
jomar.maldonado@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 http://www.archives.gov and the 
Government Publishing Office's database at http://www.access.gpo.gov/nara.

Background

    This notice provides information regarding FHWA's finding that a 
Buy America waiver is appropriate for the obligation of Federal-aid 
funds for 57 State projects involving the acquisition of vehicles 
(including sedans, vans, pickups, trucks, buses, and street sweepers) 
and equipment (such as Bridge snooper truck and trail grooming 
equipment) on the condition that they be assembled in the U.S. The 
waiver would apply to approximately 349 vehicles. The requests, 
available at http://www.fhwa.dot.gov/construction/contracts/cmaq150611.cfm, are

[[Page 46385]]

incorporated by reference into this notice. These projects are being 
undertaken to implement air quality improvement, safety, and mobility 
goals under FHWA's Congestion Mitigation and Air Quality Improvement 
Program; National Bridge and Tunnel Inventory and Inspection Program; 
and the Recreational Trails Program.
    Title 23, Code of Federal Regulations, section 635.410 requires 
that steel or iron materials (including protective coatings) that will 
be permanently incorporated in a Federal-aid project must be 
manufactured in the U.S. For FHWA, this means that all the processes 
that modified the chemical content, physical shape or size, or final 
finish of the material (from initial melting and mixing, continuing 
through the bending and coating) occurred in the U.S. The statute and 
regulations create a process for granting waivers from the Buy America 
requirements when its application would be inconsistent with the public 
interest or when satisfactory quality domestic steel and iron products 
are not sufficiently available. In 1983, FHWA determined that it was 
both in the public interest and consistent with the legislative intent 
to waive Buy America for manufactured products other than steel 
manufactured products. However, FHWA's national waiver for manufactured 
products does not apply to the requests in this notice because they 
involve predominately steel and iron manufactured products. The FHWA's 
Buy America requirements do not have special provisions for applying 
Buy America to ``rolling stock'' such as vehicles or vehicle components 
(see 49 U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and 49 U.S.C. 
24405(a)(2)(C) for examples of Buy America rolling stock provisions for 
other DOT agencies).
    Based on all the information available to the agency, FHWA 
concludes that there are no domestic manufacturers that produce the 
vehicles and vehicle components identified in this notice in such a way 
that their steel and iron elements are manufactured domestically. The 
FHWA's Buy America requirements were tailored to the types of products 
that are typically used in highway construction, which generally meet 
the requirement that steel and iron materials be manufactured 
domestically. In today's global industry, vehicles are assembled with 
iron and steel components that are manufactured all over the world. The 
FHWA is not aware of any domestically produced vehicle on the market 
that meets FHWA's Buy America requirement to have all its iron and 
steel be manufactured exclusively in the U.S. For example, the 
Chevrolet Volt, which was identified by many commenters in a November 
21, 2011, Federal Register Notice (76 FR 72027) as a car that is made 
in the U.S., is comprised of only 45 percent of U.S. and Canadian 
content according to the National Highway Traffic Safety 
Administration's Part 583 American Automobile Labeling Act Report Web 
page (http://www.nhtsa.gov/Laws+&+Regulations/Part+583+American+Automobile+Labeling+Act+(AALA)+Reports). Moreover, 
there is no indication of how much of this 45 percent content is U.S.-
manufactured (from initial melting and mixing) iron and steel content.
    In accordance with Division K, section 122 of the ``Consolidated 
and Further Continuing Appropriations Act, 2015'' (Pub. L. 113-235), 
FHWA published a notice of intent to issue a waiver on its Web site at 
http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=108 on 
une 12, 2015. The FHWA received five comments in response to the 
publication. All commenters expressed support for granting the waiver 
with suggestions. Richard Chaput suggested that the waiver should be 
limited and only granted when there is no comparable product in America 
to justify a waiver. Allen W. Miller supports the waiver but suggested 
that the only long term solution would be for the U.S. to reinvigorate 
manufacturing through incentive; as well as the U.S. workforce being 
re-educated which will require the act of Congress. The Puget Sound 
Clean Air Agency, Port of Seattle and Port of Tacoma support granting 
the waiver based on the efficiency and benefits of CMAQ programs. The 
Puget Sound Clean Air Agency strongly urges issuance of this waiver 
request to enable them to continue reduction of toxic diesel emissions 
from trucks serving the Port of Seattle and the Port of Tacoma and also 
reduce exposure to such toxics for area residents.
    Based on FHWA's conclusion that there are no domestic manufacturers 
that can produce the vehicles and equipment identified in this notice 
in such a way that steel and iron materials are manufactured 
domestically, and after consideration of the comments received, FHWA 
finds that application of FHWA's Buy America requirements to these 
products is inconsistent with the public interest (23 U.S.C. 313(b)(1) 
and 23 CFR 635.410(c)(2)(i)). However, FHWA believes that it is in the 
public interest and consistent with the Buy America requirements to 
impose the condition that the vehicles and the vehicle components be 
assembled in the U.S. Requiring final assembly to be performed in the 
U.S. is consistent with past guidance to FHWA Division Offices on 
manufactured products (see Memorandum on Buy America Policy Response, 
Dec. 22, 1997, http://www.fhwa.dot.gov/programadmin/contracts/122297.cfm). A waiver of the Buy America requirement without any regard 
to where the vehicle is assembled would diminish the purpose of the Buy 
America requirement. Moreover, in today's economic environment, the Buy 
America requirement is especially significant in that it will ensure 
that Federal Highway Trust Fund dollars are used to support and create 
jobs in the U.S. This approach is similar to the conditional waivers 
previously given for various vehicle projects. Thus, so long as the 
final assembly of the 57 State projects occurs in the U.S., applicants 
to this waiver request may proceed to purchase these vehicles and 
equipment consistent with the Buy America requirement.
    In accordance with the provisions of section 117 of the ``Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Technical Corrections Act of 2008'' (Pub. L. 110-244), FHWA 
is providing this notice of its finding that a public interest waiver 
of Buy America requirements is appropriate on the condition that the 
vehicles and equipment identified in the notice be assembled in the 
U.S. 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 FHWA's Web site via the link provided to the waiver page 
noted above.

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

    Issued on: July 28, 2015.
Gregory G. Nadeau,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2015-19137 Filed 8-3-15; 8:45 am]
BILLING CODE 4910-22-P