Buy America Waiver Notification, 50785-50786 [2016-18270]

Download as PDF Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Notices notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations 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. FOR FURTHER INFORMATION CONTACT: Paul Pellicano (404) 474–5558, Small Airplane Directorate, Regulations and Policy, ACE–111, 901 Locust, Kansas City, KS 64106. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on July 8, 2016. Dale Bouffiou, Acting Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2016–7399. Petitioner: Diamond Aircraft Industries GmbH. Section(s) of 14 CFR Affected: 23.1419(a). Description of Relief Sought: This exemption, if granted, would exempt the Diamond Aircraft Industries, model DA 62 airplane from the 61-knot maximum landing configuration stall speed requirement with ice accretions and will also have a landing configuration stall speed, without ice accretions, above 61 knots. [FR Doc. 2016–18232 Filed 8–1–16; 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 49 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 3, 2016. 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 mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:35 Aug 01, 2016 Jkt 238001 gerald.yakowenko@dot.gov. For legal questions, please contact Mr. William Winne, FHWA Office of the Chief Counsel, 202–366–1397, or via email at William.Winne@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 Printing 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 49 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 196 vehicles and equipment acquisitions. The requests for the first quarter of calendar year 2016, available at http://www.fhwa.dot.gov/ construction/contracts/cmaq 160517.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, 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 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 50785 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=126 on May 17. 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 E:\FR\FM\02AUN1.SGM 02AUN1 50786 Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Notices 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 49 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’’ (P.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; P.L. 110–161, 23 CFR 635.410 mstockstill on DSK3G9T082PROD with NOTICES Issued on: July 22, 2016. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2016–18270 Filed 8–1–16; 8:45 am] BILLING CODE 4910–22–P VerDate Sep<11>2014 18:35 Aug 01, 2016 Jkt 238001 DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. FTA–2016–0027] Agency Information Collection Activity Under OMB Review AGENCY: Federal Transit Administration, DOT. ACTION: Notice of request for comments. In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collection and the expected burdens. FOR FURTHER INFORMATION CONTACT: Tia Swain, Office of Administration, Office of Management Planning, (202) 366– 0354. SUMMARY: SUPPLEMENTARY INFORMATION: Title: 49 U.S.C. Sections 5310 and 5311—Capital Assistance Program for Elderly Persons and Persons with Disabilities and Non-Urbanized Area Formula Program: (OMB Number 2132– 0500) Abstract: 49 U.S.C. 5310—Capital Assistance Program for Elderly Persons And Persons with Disabilities provides financial assistance for the specialized transportation service needs of elderly persons and persons with disabilities in large urban, small urban and rural areas. Formula funding is apportioned to direct recipients: States for rural (under 50,000 population) and small urban (areas (50,000–200,000); and designated recipients chosen by the Governor of the State for large urban areas (populations or 200,000 or more); or a State or local governmental entity that operates a public transit service. Section 3006(b) of Fixing America’s Surface Transportation Act (FAST Act), Pub. L. 114–94 authorizes a pilot program for innovative coordinated access and mobility. 49 U.S.C. 5311—Formula Grants for Rural Areas provides financial assistance for the provision of public transportation services in rural areas. This program is administered by States. The Public Transportation on Indian Reservations Program or Tribal Transit Program (TTP), is authorized as 49 U.S.C. 5311(j). The TTP is a set-aside from the Rural Area Formula Program (Section 5311), and consists of a $30 million formula program and a $5 million discretionary grant program. These funds are apportioned directly to PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Indian tribes. Eligible recipients of TTP program funds include federally recognized Indian tribes, or Alaska Native villages, groups, or communities as identified by the Bureau of Indian Affairs. The Federal Register notice with a 60-day comment period soliciting comments for the 49 U.S.C. Sections 5310 and 5311—Capital Assistance Program for Elderly Persons and Persons with Disabilities and Non-urbanized Area Formula Program was published on April 5, 2016 (Vol. 81, No. 65) pages 19709–19710). No comments were received from that notice. DATES: Comments must be submitted before September 1, 2016. a comment to OMB is most effective, if OMB receives it within 30 days of publication. Estimated Total Burden: 45,087 hours. ADDRESSES: All written comments must refer to the docket number that appears at the top of this document and be submitted to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: FTA Desk Officer. Comments are Invited On: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. William Hyre, Deputy Associate Administrator for Administration. [FR Doc. 2016–18224 Filed 8–1–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. FTA–2016–0023] Agency Information Collection Activity Under OMB Review AGENCY: Federal Transit Administration, DOT. ACTION: Notice of request for comments. In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded SUMMARY: E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Notices]
[Pages 50785-50786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18270]


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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 49 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 3, 2016.

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. William Winne, FHWA Office of 
the Chief Counsel, 202-366-1397, or via email at William.Winne@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 Printing 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 49 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 
196 vehicles and equipment acquisitions. The requests for the first 
quarter of calendar year 2016, available at http://www.fhwa.dot.gov/construction/contracts/cmaq160517.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, 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=126 on 
May 17. 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

[[Page 50786]]

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 49 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'' (P.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; P.L. 110-161, 23 CFR 635.410

    Issued on: July 22, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-18270 Filed 8-1-16; 8:45 am]
 BILLING CODE 4910-22-P