Buy America Waiver Notification |
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Brandye L. Hendrickson
Federal Highway Administration
10 October 2017
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Page 47075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21862]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice.
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SUMMARY: This notice provides information regarding FHWA's finding that
a Buy America waiver is appropriate for the procurement of a John Deere
640R Standard Farm Loader for recreational trail maintenance by the St.
Marys Area Snowmobile Association (through the Pennsylvania Department
of Conservation and Natural Resources) because the equipment is not
available to be produced using 100 percent domestic steel or iron.
DATES: The effective date of the waiver is October 11, 2017.
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 Publishing Office's database at: http://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 a John Deere 640R Standard Farm Loader for recreational
trail maintenance by the St. Marys Area Snowmobile Association in
Pennsylvania because this equipment is not available to be produced by
domestic manufacturers using 100 percent domestic steel or iron.
Consistent with the Consolidated Appropriations Act of 2017 (Pub.
L. 115-31), FHWA published a notice on its Web site, https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=148 on March 22
seeking comments on whether a waiver of Buy America requirements is
appropriate. The FHWA received no comments in response to the
publication. Both the St. Marys Area Snowmobile Association and
Pennsylvania Department of Conservation and Natural Resources were
unable to verify that equipment meeting its specifications could be
produced by domestic manufacturers. The applicant requires and all-
terrain, all-season, medium frame tractor to pull snow grooming
equipment and clear the trail of vegetation. The applicant could not
locate a domestically manufactured model of all season, medium frame
tractors that can accommodate its existing snow grooming equipment. The
FHWA also contacted a potential domestic manufacturer and a domestic
vendor to verify whether the subject materials or a suitable substitute
were reasonably available. Based on all the information available to
the agency, FHWA concludes that there are no domestic manufacturers of
a John Deere 640R Standard Farm Loader for recreational trail
maintenance by the St. Marys Area Snowmobile Association in
Pennsylvania for which all its iron and steel is domestically
manufactured.
The St. Marys Area Snowmobile Association, the Pennsylvania
Department of Conservation and Natural Resources, Pennsylvania DOT,
contractors, and subcontractors involved in the procurement of John
Deere 640R are reminded of the need to comply with the Cargo Preference
Act in 46 CFR part 38, if applicable.
In accordance with the provisions of section 117 of the SAFETEA-LU
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572),
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 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: October 2, 2017.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2017-21862 Filed 10-5-17; 11:15 am]
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