Buy America Waiver Notification, 75702-75703 [2015-30601]

Download as PDF 75702 Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices 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. FOR FURTHER INFORMATION CONTACT: Keira Jones (202) 267–4025, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on November 25, 2015. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2015–3898. Petitioner: Cargo Airlines Limited. Section(s) of 14 CFR Affected: § 61.77(a). Description of Relief Sought: Cargo Airlines Limited (CAL) requests relief to obtain a special purpose flight authorization to operate in the U.S. airspace to demonstrate, accept, and ferry two Boeing B747–400F aircraft. [FR Doc. 2015–30573 Filed 12–2–15; 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 74 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 December 4, 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: Lhorne on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:11 Dec 02, 2015 Jkt 238001 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 This notice provides information regarding FHWA’s finding that a Buy America waiver is appropriate for the obligation of Federal-aid funds for 74 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 547 vehicles. The requests, available at https://www.fhwa.dot.gov/construction/ contracts/cmaq151006.cfm, are 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 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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 (https://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 https:// www.fhwa.dot.gov/construction/ contracts/waivers.cfm?id=115 on October 6, 2015. The FHWA received no comments in response to the publication. 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 E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices 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, https:// 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 74 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: November 25, 2015. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2015–30601 Filed 12–2–15; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF VETERANS AFFAIRS Lhorne on DSK5TPTVN1PROD with NOTICES [OMB Control No. 2900–0002] Agency Information Collection (Income, Asset and Employment Statement and Application for Veterans Pension) Department of Veterans Affairs. ACTION: Notice; correction. AGENCY: The Department of Veterans Affairs (VA) published a collection of information notice in the Federal SUMMARY: VerDate Sep<11>2014 15:11 Dec 02, 2015 Jkt 238001 Register on November 12, 2015, which contained errors to the title and abstract. This document corrects these errors by updating the title and abstract and making corrections throughout FOR FURTHER INFORMATION CONTACT: Crystal Rennie, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, at 202– 632–7492. Correction In FR Doc. 2015–28615, published on November 12, 2015, at 80 FR 70081, make the following correction. On page 70081, in the second and third columns, the notice should read as follows: [OMB Control No. 2900–0002] Agency Information Collection (Income, Asset and Employment Statement and Application for Veterans Pension) Activity Under OMB Review Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before January 4, 2016. ADDRESSES: Submit written comments on the collection of information through www.Regulations.gov, or to Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: VA Desk Officer; 725 17th St. NW., Washington, DC 20503 or sent through electronic mail to oira_submission@ omb.eop.gov. Please refer to ‘‘OMB Control No. 2900–0002’’ in any correspondence. FOR FURTHER INFORMATION CONTACT: Crystal Rennie, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632– 7492 or email crystal.rennie@va.gov. Please refer to ‘‘OMB Control No. 2900– 0002.’’ SUPPLEMENTARY INFORMATION: Title: Income, Asset and Employment Statement and Application for Veterans Pension. AGENCY: PO 00000 Frm 00047 Fmt 4703 Sfmt 9990 75703 OMB Control Number: 2900–0002. Type of Review: Revision of a currently approved collection. Abstract: VA Form 21P–527EZ—The Department of Veterans Affairs (VA), through its Veterans Benefits Administration (VBA), administers an integrated program of benefits and services, established by law, for veterans, service personnel, and their dependents and/or beneficiaries. Title 38 U.S.C. 5101(a) provides that a specific claim in the form provided by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by the Secretary. VA Form 21P–527EZ will be the prescribed form for Veterans Pension applications. VA proposes to remove VA Form 21– 527EZ, Application for Veterans Pension, from OMB control number 2900–0747 and have it assigned to OMB control number 2900–0002 since the form has been transferred to Pension & Fiduciary Service (21P). Also, due to the change in business lines, we are changing the form prefix to 21P. VA Form 21P–527—This form will be used by Veterans to apply for pension benefits after they have previously applied for pension or for serviceconnected disability compensation using one of the prescribed forms under 38 U.S.C 5101(a). A veteran might reapply for pension if a previous compensation or pension claim was denied or discontinued, or if the veteran is receiving compensation and the veteran now believes that pension would be a greater benefit. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The Federal Register Notice with a 60-day comment period soliciting comments on this collection of information was published on August 7, 2015 at [80 FR 152, pages 47563–47564]. Affected Public: Individuals or Households. Estimated Annual Burden: 59,230 hours. Estimated Average Burden per Respondent: 0.50 hours (30 minutes). Frequency of Response: One-time. Estimated Number of Respondents: 118,197 respondents. By direction of the Secretary. Kathleen M. Manwell, Program Analyst, VA Privacy Service, Office of Privacy and Records Management, Department of Veterans Affairs. [FR Doc. 2015–30439 Filed 12–2–15; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)]
[Notices]
[Pages 75702-75703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30601]


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

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 74 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 December 4, 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 https://www.archives.gov and the 
Government Printing Office's database at https://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 74 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 547 vehicles. The requests, 
available at https://www.fhwa.dot.gov/construction/contracts/cmaq151006.cfm, are 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 (https://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 
https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=115 on 
October 6, 2015. The FHWA received no comments in response to the 
publication.
    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

[[Page 75703]]

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, https://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 74 
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: November 25, 2015.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2015-30601 Filed 12-2-15; 8:45 am]
BILLING CODE 4910-22-P