Construction

Notice of Buy America Waiver Request Request

Action: Notice, request for comments.

Web posting date: 01/05/2016

Federal Register Notice of Finding Publication Date: 04/05/16

Effective Date of Federal Register: 04/06/15

Close of public comment period: 04/21/15

Summary:

The FHWA proposes on the basis of the public's interest to grant 48 waivers from Buy America for eligible vehicle related projects on the condition that the vehicles, equipment, or modifications are assembled in the United States. There are very limited areas of program eligibility for vehicles or equipment purchase under the Federal-aid highway program. These include, but are not limited to, items such as alternative fuel vehicles that are eligible under the Congestion Mitigation and Air Quality (CMAQ) Improvement Program, and bridge inspection "snooper" trucks that are eligible under the national bridge inspection program. The vehicle and equipment projects subject to this proposed waiver (including the State in which the project is located, the State Transportation Improvement Program (STIP) project number, and the descriptions and quantities of vehicles sought) can be viewed in the attached spreadsheet.

FHWA's Buy America requirements provide that 100 percent of all steel and iron that is permanently incorporated into a project must be domestically manufactured. In today's global vehicle manufacturing industry, vehicle components are typically obtained from suppliers all over the world. Given the number of components and small subcomponents in vehicles, it is not practical for manufacturers in the current market to certify that a vehicle meets FHWA's regulatory requirement of 100-percent domestic iron and steel content. In order to maintain jobs and obtain the benefits intended in the Federal-aid highway program, such as improved air quality and bridge inspections, FHWA recognizes that it is in the public's interest to waive the Buy America requirement for vehicles or equipment on the condition that they are assembled domestically.

These proposed conditional waivers include sedans, vans, pickups, SUVs, trucks, and equipment, such as street sweepers, underbridge inspection units, trail maintenance equipment, and low emission locomotives. This will enable FHWA recipients and subrecipients to use their Federal funds as intended for such projects so long as the vehicles, equipment, or modifications are assembled in the United States.

FHWA will only consider a Buy America waiver when the conditions of 23 CFR 635.410( c) have been met: (1) when the application of the provision would be inconsistent with the public interest; or (2) when steel and iron products are not produced in the United States in sufficient and reasonably available quantities, which are of a satisfactory quality.

The FHWA will consider all comments received in the initial 15-day comment period during our evaluation of the waiver request. Comments received after this period, but before notice of our finding is published in the Federal Register, will be considered to the extent practical. Follow-up coordination on the comments received may result in a delay in the publication of our waiver finding in the Federal Register. Comments received during the 15-day comment period after notice of our finding is published in the Federal Register will be reviewed, but the finding will continue to remain valid. Comments received during the comment period after the effective date of the finding will be reviewed, and may influence the FHWA's decision to terminate or modify a finding.

Comments