Buy America Waiver Notification, 30601-30602 [2016-11579]
Download as PDF
Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Notices
Issued in Washington, DC, on May 12,
2016.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2016–11573 Filed 5–12–16; 11:15 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 34 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 May 18, 2016.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, please
contact Mr. Gerald Yakowenko, FHWA
Office of Program Administration,
telephone 202–366–1562, or via email at
gerald.yakowenko@dot.gov. For legal
questions, please contact Ms. Jennifer
Mayo, FHWA Office of the Chief
Counsel, 202–366–1523, or via email at
jennifer.mayo@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 Web site at https://
www.archives.gov and the Government
Printing Office’s database at https://
www.access.gpo.gov/nara.
jstallworth on DSK7TPTVN1PROD with NOTICES
Background
This notice provides information
regarding FHWA’s finding that a Buy
America waiver is appropriate for the
obligation of Federal-aid funds for 34
State projects involving the acquisition
of vehicles (including sedans, vans,
pickups, trucks, buses, and street
sweepers) and equipment (such as trail
grooming equipment) on the condition
that they be assembled in the U.S. The
waiver would apply to approximately
2,528 vehicles and equipment
acquisitions. The requests for the fourth
quarter of calendar year 2015, available
at https://www.fhwa.dot.gov/
construction/contracts/
VerDate Sep<11>2014
15:32 May 16, 2016
Jkt 238001
cmaq160317.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 and the
Recreational Trails Program.
Title 23, section 635.410, Code of
Federal Regulations (23 CFR 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
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
30601
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
of 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=119 on March 17th. The
FHWA received 11 comments in
response to the publication. Three
commenters support granting the waiver
and stated that ‘‘the vehicles represent
an ideal way for domestic clean fuel to
be used and help air quality, economic
security, and the regions.’’ Five
commenters opposed granting the
waiver and three commenters provided
general comments suggesting that: (1)
Buy America is supposed to bring
manufacturing jobs back home; (2) the
list is very expansive and appeared to be
a list of products that are based on
preference but could not be purchased
domestically; and (3) some of the
Recreational Trail items are specialized
items available off the shelf. These
commenters did not provide a
recommendation for domestic products
that fully comply with FHWA’s Buy
America requirements.
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, December 22,
E:\FR\FM\17MYN1.SGM
17MYN1
30602
Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Notices
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 34 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; PL 110–161; 23
CFR 635.410.
Issued on: May 9, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway
Administration.
[FR Doc. 2016–11579 Filed 5–16–16; 8:45 am]
BILLING CODE 4910–22–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 use of non-domestic
motor and machinery brakes (maximum
torque 100 ft-lb, wheel size 8 inches) for
the rehabilitation of a bascule bridge in
Port Clinton, Ohio.
DATES: The effective date of the waiver
is May 18, 2016.
jstallworth on DSK7TPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
15:32 May 16, 2016
Jkt 238001
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 Ms. Jennifer
Mayo, FHWA Office of the Chief
Counsel, 202–366–1523, or via email at
jennifer.mayo@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:
FOR FURTHER INFORMATION CONTACT:
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
FHWA’s finding that a Buy America
waiver is appropriate for use of nondomestic motor and machinery brake
systems (maximum torque 100 ft-lb,
wheel size 8 inches) for rehabilitation of
a bascule bridge in Port Clinton, Ohio.
In accordance with Division K,
section 122 of the Consolidated and
Further Continuing Appropriations Act
of 2015 (Pub. L. 113–235), FHWA
published a notice of intent to issue a
waiver on its Web site (https://
www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=121 ) on
March 22nd. The FHWA received no
comments in response to the
publication. Based on all the
information available to the agency,
FHWA concludes that there are no
domestic manufacturers of motor and
machinery brake systems (maximum
torque 100 ft-lb, wheel size 8 inches) for
rehabilitation of the bascule bridge in
Port Clinton, Ohio.
In accordance with the provisions of
section 117 of the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244), FHWA is providing this
notice that a waiver of Buy America
requirements is appropriate. The FHWA
invites public comment on this finding
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
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; Public Law 110–
161, 23 CFR 635.410.
Issued on: May 9, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway
Administration.
[FR Doc. 2016–11578 Filed 5–16–16; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0025]
Notice of Proposed Buy America
Waiver for Minivans
AGENCY:
Federal Transit Administration,
DOT.
Notice of proposed Buy America
waiver and request for comment.
ACTION:
The Federal Transit
Administration (FTA) received a formal
request from the Pace Suburban Bus
Division of the Regional Transportation
Authority (Pace) for a Buy America nonavailability waiver to purchase 188
Dodge Caravan minivans for its vanpool
program. Minivans are considered
rolling stock and are subject to the Buy
America waiver set forth in 49 U.S.C.
5323(j)(2)(C), which requires that
minivans (i) contain more than 60
percent domestic content, and (ii) final
assembly of the vehicles occurs in the
United States. Although initially Pace
sought only a waiver of the requirement
that final assembly take place in the
United States, Pace now seeks a waiver
of both requirements. Because FTA is
aware of at least four manufacturers that
can meet the final assembly
requirement, however, FTA is proposing
a waiver of only the domestic content
requirement for non-ADA-accessible
minivans. This waiver would apply to
all procurements of non-ADA-accessible
minivans by any FTA grantee and
would be limited to contracts entered
into before September 30, 2019 or until
a fully compliant domestic source
becomes available, whichever is earlier.
In accordance with 49 U.S.C.
5323(j)(3)(A), FTA is providing notice of
this proposed waiver and seeks public
and industry comment on whether FTA
should grant the waiver.
DATES: Comments must be received by
May 31, 2016. Late-filed comments will
be considered to the extent practicable.
SUMMARY:
E:\FR\FM\17MYN1.SGM
17MYN1
Agencies
[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)]
[Notices]
[Pages 30601-30602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11579]
-----------------------------------------------------------------------
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 34 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 May 18, 2016.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Mr. Gerald Yakowenko, FHWA Office of Program
Administration, telephone 202-366-1562, or via email at
gerald.yakowenko@dot.gov. For legal questions, please contact Ms.
Jennifer Mayo, FHWA Office of the Chief Counsel, 202-366-1523, or via
email at jennifer.mayo@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 Web site 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 34 State projects involving the acquisition of vehicles
(including sedans, vans, pickups, trucks, buses, and street sweepers)
and equipment (such as trail grooming equipment) on the condition that
they be assembled in the U.S. The waiver would apply to approximately
2,528 vehicles and equipment acquisitions. The requests for the fourth
quarter of calendar year 2015, available at https://www.fhwa.dot.gov/construction/contracts/cmaq160317.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 and the Recreational
Trails Program.
Title 23, section 635.410, Code of Federal Regulations (23 CFR
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 of 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=119 on
March 17th. The FHWA received 11 comments in response to the
publication. Three commenters support granting the waiver and stated
that ``the vehicles represent an ideal way for domestic clean fuel to
be used and help air quality, economic security, and the regions.''
Five commenters opposed granting the waiver and three commenters
provided general comments suggesting that: (1) Buy America is supposed
to bring manufacturing jobs back home; (2) the list is very expansive
and appeared to be a list of products that are based on preference but
could not be purchased domestically; and (3) some of the Recreational
Trail items are specialized items available off the shelf. These
commenters did not provide a recommendation for domestic products that
fully comply with FHWA's Buy America requirements.
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, December 22,
[[Page 30602]]
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 34 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; PL 110-161; 23 CFR 635.410.
Issued on: May 9, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-11579 Filed 5-16-16; 8:45 am]
BILLING CODE 4910-22-P