[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55817-55821]
[FR Doc No: 2023-17602]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No.: DOT-OST-2022-0124]

Waiver of Buy America Requirements for De Minimis Costs and Small
Grants

ACTION: Notice.

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SUMMARY: The Department of Transportation (DOT) seeks to maximize the
use of American-made products and materials in all federally funded
projects as part of the Biden-Harris Administration's implementation of
the Build America, Buy America Act (BABA), which was included in the
historic Bipartisan Infrastructure Law (BIL). In this notice, DOT is
taking action to finalize a limited waiver of Buy America requirements
for de minimis costs and small grants. Based on public comments from
stakeholders, this final waiver is narrower than what DOT had first
proposed on November 4, 2022. The waiver will allow DOT and its
assistance recipients to focus their domestic sourcing efforts on
products that provide the greatest manufacturing opportunities for
American workers and firms and reduce delays in the delivery of
important transportation infrastructure projects that provide jobs and
promote economic growth.

DATES: The waiver is applicable to awards that are obligated on or
after August 16, 2023.

FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Darren Timothy, DOT Office of the Assistant Secretary
for Transportation Policy, at [email protected] or at 202-366-
4051. For legal questions, please contact Jennifer Kirby-McLemore, DOT
Office of the General Counsel,<PHONE_NUMBER>, or via email at
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In January 2021, President Biden issued Executive Order (E.O.)
14005, titled Ensuring the Future is Made in All of America by All of
America's Workers. The E.O. states that the United States Government
``should, consistent with applicable law, use terms and conditions of
Federal financial assistance awards and Federal procurements to
maximize the use of goods, products, and materials produced in, and
services offered in, the United States.'' DOT is committed to ensuring
strong and effective Buy America implementation consistent with E.O.
14005.
    On November 15, 2021, President Biden signed the BIL, enacted as
the Infrastructure Investment and Jobs Act, Public Law 117-58. The BIL
includes BABA, Public Law 117-58, div. G 70901-27, which greatly
strengthens Made in America standards by expanding the coverage and
application of Buy America preferences in Federal financial assistance
programs for infrastructure. BABA requires that ``the head of each
[covered] Federal agency shall ensure that none of the funds made
available for a Federal financial assistance program for infrastructure
. . . may be obligated for a project unless all of the iron, steel,
manufactured products, and construction materials used in the project
are produced in the United States.'' BIL 70914(a). However, Federal
agencies may waive the application of Buy America in certain
circumstances, including where the agency finds that applying the Buy
America requirement ``would be inconsistent with the public interest.''
BIL 70914(b)(1).
    Transportation infrastructure projects use a variety of iron and
steel items, manufactured goods, and construction materials. Typical
iron and steel items subject to Buy America preferences include
structural and reinforcing steel incorporated into pavements, bridges,
and buildings (such as maintenance facilities); steel rail; and other
equipment. Manufactured products may include airfield lighting and
navigational aids; ties and ballast; traffic control systems; fare
collection and other electronic systems; and mooring bollards, fenders,
and gate operating systems. Construction materials include non-ferrous
metals, plastic and polymer-based products, glass, lumber, and drywall,
as well as materials \1\ that are explicitly exempted from being
considered construction materials under BABA. The statute also required
the Office of Management and Budget (OMB) to issue guidance to assist
in applying BABA's requirements. BIL 70915. On April 18, 2022, OMB
issued memorandum M-22-11, ``Initial Implementation Guidance on
Application of Buy America Preference in Federal Financial Assistance
Programs for Infrastructure'' (``Implementation Guidance''). Section
VII(b) of the Implementation Guidance, Waiver Principles and Criteria,
states that ``Federal agencies may wish to consider issuing a limited
number of general applicability public interest waivers in the interest
of efficiency and to ease burdens for recipients.'' Implementation
Guidance at p. 10. The Implementation Guidance goes on to provide
examples of certain types of public interest waivers an agency may
consider issuing that would support that goal, including infrastructure
project purchases below a de minimis threshold; purchases made under
small Federal grant awards; and miscellaneous minor components within
iron and steel products. As the Implementation Guidance notes, such
waivers could help ``ensure that recipients and Federal agencies make
efficient use of limited resources, especially if the cost of
processing the individualized waiver(s) would risk exceeding the value
of the items waived.'' Implementation Guidance at p. 11.
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    \1\ See BIL section 701917(c). Exempted materials include cement
and cementitious materials, aggregates such as stone, sand, or
gravel, and aggregate binding agents or additives.
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    BABA also provides that the preferences under section 70914 apply
only to the extent that a domestic content procurement preference as
described in Section 70914 does not already apply to iron, steel,
manufactured products, and construction materials. BIL 70917(a)-(b).
Federal financial assistance programs administered by DOT's Operating
Administrations (OAs) are subject to a variety of mode-specific
statutes that apply particular Buy America \2\ requirements to iron,
steel, and manufactured products, including 49 U.S.C. 50101 (FAA); 23
U.S.C. 313 (FHWA and NHTSA); 49 U.S.C. 22905(a) (FRA); 49 U.S.C.
5323(j) (FTA); and 46 U.S.C. 54101(d)(2) (MARAD). Recent annual
appropriations acts have also required DOT to apply the Buy American
Act (41 U.S.C. chapter 83) to funds appropriated under those acts,\3\
where a mode-specific statute is not in place. These statutes also
allow for waivers of the Buy America requirements to be issued when DOT
determines those waivers to be in the public interest.
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    \2\ In this notice, references to ``Buy America'' include all
domestic preference laws that apply to DOT financial assistance
programs, including those called ``Buy American''.
    \3\ For example, Section 409 of the Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2022
states that ``no funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the
Act of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the
``Buy American Act'').''
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    Certain DOT OAs do not currently apply Buy America preferences to
de minimis purchases or project costs under their existing statutory
requirements. For example, by statute, the Federal Transit
Administration (FTA) exempts purchases of $150,000 or less from the
FTA-specific Buy America

requirement. 49 U.S.C. 5323(j)(13); appendix A(c) to 49 CFR 661.7. By
statute, the Federal Railroad Administration (FRA) applies its FRA-
specific Buy America requirements only to projects for which costs
exceed $100,000. 49 U.S.C. 22905(a)(11). The Federal Highway
Administration's (FHWA) does not apply its Buy America requirements
where the cost of steel and iron materials is less than 0.1 percent of
the total contract cost or less than or equal to $2,500, whichever is
greater. 23 CFR 635.410(b)(4). However, other DOT OAs, including the
Federal Aviation Administration (FAA) and the Maritime Administration
(MARAD), do not have similar exceptions by statute or regulation.
    In DOT's experience, the development and substantiation of
individual Buy America waivers requires recipients to determine the
availability or nonavailability of domestically sourced items. Such
efforts can help ensure that potential domestic suppliers are not
overlooked and, where waivers may be appropriate, help send signals to
industry about market opportunities. However, when the item cost is
relatively low, suppliers may be less incentivized to track and
document the country of origin of that item in a manner sufficient to
meet the requirements of the Buy America statutes applied to Federal
assistance. This can lead to increased administrative burdens even as
the potential impact of applying domestic preferences in those cases
may be lower. Focusing on higher value items can also allow Federal
agencies and their assistance recipients to focus their domestic
sourcing efforts on products that provide the greatest manufacturing
opportunities for American workers and firms and reduce delays in the
delivery of important transportation infrastructure projects that
provide jobs and promote economic growth.
    On May 19, 2022, DOT issued a temporary waiver of the construction
materials requirement for 180 days: from May 14 until November 10,
2022. 87 FR 31931. In the waiver notice, DOT stated its expectation
that States, industry, and other participants establish procedures to
document compliance.

Issuance of the Proposed Waiver and Discussion of Comments Received

    On November 4, 2022, DOT published a notice on its website
describing certain DOT actions. First, DOT announced that it would not
modify or extend the temporary waiver for construction materials. As a
result, DOT awards obligated on or after November 10, 2022, from
financial assistance programs for infrastructure projects, are required
to use construction materials produced in the United States on those
projects in accordance with BABA.
    In accordance with Section 70914(b)(1) of BABA, the notice also
sought comment on whether DOT should use its authority to waive BABA's
domestic preferences for iron and steel, manufactured products, and
construction materials used in infrastructure projects funded under
DOT-administered financial assistance programs under a single financial
assistance award for which:
     The total value of the non-compliant products is no more
than the lesser of $1,000,000 or 5% of total allowable costs under the
Federal financial assistance award;
     The size of the Federal financial assistance award is
below $500,000; or
     The non-domestically produced miscellaneous minor
components comprise no more than 5 percent of the total material cost
of an otherwise domestically produced iron or steel product.
    The basis for the proposal was that applying Buy America
preferences to iron, steel, manufactured products, and construction
materials below these thresholds would be inconsistent with the public
interest. The notice requested comment on whether such a waiver would
be warranted. DOT also specifically sought comment on the proposed
percentage and dollar thresholds for applying the waiver, including
whether those thresholds should be higher or lower than the levels in
the proposal.
    To maximize notice to affected stakeholders, the Department also
announced the proposal on several email distribution lists related to
the operating administrations' existing Buy America requirements and
published the notice in the Federal Register. 87 FR 68576.
    DOT received 92 comments in response to the publication from a wide
array of stakeholders, including manufacturers and suppliers, labor
organizations, State transportation agencies, public transit agencies,
airport operators, and construction firms, as well as associations
representing each of those groups.\4\ The majority of commenters
supported DOT's proposal to issue a waiver for de minimis costs, small
grants, and minor components. Comments opposing the waiver came from
certain manufacturers and labor organizations; their key concerns
relevant to the proposal are discussed in more detail below.
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    \4\ See the U.S. Government electronic docket site at
www.regulations.gov, Docket: DOT-OST-2022-0124.
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    Some commenters, including manufacturers and labor organizations,
raised concerns about applying the proposed waiver to existing (pre-
BABA) DOT Buy America requirements, most notably iron and steel. They
argued that this would weaken longstanding requirements and would be
inconsistent with Administration policy to maximize domestic content.
As was described in the notice and Implementation Guidance, the purpose
of establishing these thresholds is to allow DOT and its stakeholders
to focus their domestic sourcing efforts on high-value items that
provide the greatest manufacturing opportunities for American workers
and firms and reduce delays in the delivery of important transportation
infrastructure projects that provide jobs and promote economic growth.
That consideration applies comparably to products covered by DOT's
existing Buy America laws and materials newly covered by BABA's
requirements.
    Those same commenters also raised specific concerns about applying
the waiver in situations that are already covered by existing agency
regulations. They specifically noted the existing de minimis waiver for
iron and steel established in FHWA's implementing regulation, 23 CFR
635.410(b)(4), and FTA's statutory small purchases waiver, 49 U.S.C.
5323(j)(13); Appendix A(c) to 49 CFR 661.7.
    While DOT does not believe that the proposed waiver would create an
actual conflict with the FHWA regulatory waiver, DOT does recognize the
potential for confusion that could be created by having two separate de
minimis waivers for the same products under the same financial
assistance program. As a result, iron and steel products used on FHWA-
assisted projects are not included in the scope of the final waiver.
    DOT notes that the Buy America law applicable to FRA-assisted
projects applies only to projects with costs that exceed $100,000. See
49 U.S.C. 22905(a)(11). That statutory exclusion for projects with
costs below that threshold is comparable to the small grants waiver
that DOT had proposed, but the statutory threshold is at a lower value
than what DOT proposed and is now finalizing. Therefore, like the FHWA
exception described above for the de minimis portion of this waiver,
DOT is including an FRA exception to the small grants portion of this
waiver. For projects that are subject to 49 U.S.C. 22905(a), the small
grants portion of the final waiver applies only to the

construction materials requirement under section 70914 of BABA; it does
not apply to steel, iron, or manufactured goods under 49 U.S.C.
22905(a).
    FTA's statutory small purchase waiver, however, is different. That
waiver applies based on the cost of individual purchases that occur
under financial assistance awards, including labor and options.\5\
Depending on the size and type of contracts and subcontracts involved,
a single financial assistance award may support multiple purchases
under the threshold, or none. In contrast, the proposed waiver, and the
final waiver apply based on the size of the financial assistance award,
not purchases under that award. Accordingly, the Department is not
removing FTA-assisted projects from the scope of the final waiver.
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    \5\ See FTA Guidance Letter on Buy America Small Purchase
Waivers at https://www.transit.dot.gov/regulations-and-guidance/buy-america/fta-guidance-letter-buy-america-small-purchase-waivers.
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    DOT notes that the same considerations may also apply where the
Department has issued targeted waivers for certain products with
conditions that limit the scope of such waivers and are intended to
increase the use of domestic content. Where such conditions are in
place, DOT agrees that it would be inappropriate to apply the more
general waiver being considered here. Two recent examples of such
waivers include FHWA's Buy America waiver for electric vehicle chargers
(88 FR 10619) and FTA's partial Buy America waiver for vans and
minivans (87 FR 64534). Therefore, the final waiver does not apply to
products within the scope of those two waivers. If DOT proposes
additional product-specific waivers in the future, it will consider and
address any interaction with this waiver in those proposals.
    Another concern raised by commenters opposed to the proposed waiver
was that it could be imposed indefinitely, without additional review.
They compared it to FHWA's longstanding general waiver for manufactured
products. As initially proposed and finalized here, and consistent with
the requirements of BABA section 70914(d), DOT will review this waiver
every five years after the date on which the waiver is issued. DOT also
notes that FHWA has recently initiated its review of the manufactured
products waiver, as required by BABA, including by providing an
opportunity for public comment, and will make a determination on
whether to continue or modify the waiver based on the comments
received. (88 FR 16517; 88 FR 24651).
    Commenters opposed to the waiver also raised concerns about
applying the de minimis cost percentage threshold to the overall cost
of the project, noting that doing so could potentially allow entire
classes of materials used on DOT-assisted projects to be subject to the
waiver. To address this concern, in the final waiver, DOT is narrowing
its scope by applying the 5% threshold only to the total applicable
project costs, where applicable costs are defined as the cost of
materials (including the cost of any manufactured products) used in the
project that are subject to a domestic preference requirement
(including materials that are within the scope of an existing waiver).
DOT acknowledges that establishing a specific project is compliant with
the terms of the waiver will, therefore, require tracking of the
materials cost in a project separate from other project costs. Though
this may create a new administrative requirement for recipients or
contractors who do not currently track those costs separately: (1) DOT
believes that, on balance, the benefits of the waiver significantly
outweigh that administrative burden and (2) recipients that conclude
the administrative burden of the waiver outweighs its benefit may forgo
use of the waiver and comply with the relevant Buy America
requirements.
    A commenter questioned whether ``total allowable costs,'' as used
in the proposal, referred to the entire project's anticipated costs or
just the Federal share of the entire project's anticipated costs.
Because the final waiver applies based on cost of materials in the
project, it no longer uses the term ``total allowable costs.'' The
final waiver applies to the actual cost of the materials, not the
anticipated cost of those materials.
    Multiple commenters requested clarification on whether the proposed
de minimis cost would apply to each non-compliant product (by line-
item) or to the total cost of all non-compliant products, with some
suggesting that the criteria be applied on an individual line-item
basis. The final waiver applies based on the total cost of all non-
compliant products. Changing that to apply the threshold to individual
purchases could result in the waiver allowing a much higher amount of
non-domestic content on a project than is intended by this narrowly
tailored waiver. As a result, no changes have been made to the related
language in the proposal.
    One commenter also noted that, in similar de minimis waivers
applied to BABA or the agency's own domestic preference requirements,
other agencies have included a separate limitation of 1% of total costs
per item and suggested that DOT do likewise. However, we note that
other agencies have issued waivers with the same overall 5% de minimis
threshold but without including the separate 1% per item cap. Because
the per-item cap was proposed to prevent the waiver from being too
broad, DOT notes that the change in the cost basis for the waiver from
project costs to materials costs will also serve to limit the waiver's
scope. Accordingly, DOT is not including an additional per-item cap in
the final waiver but will continue to monitor the application of the
waiver and may make adjustments in the future if warranted.
    Commenters also requested clarification on applying the $500,000
small grants threshold if there are multiple Federal financial
assistance awards for a project. In the final waiver, DOT is clarifying
that the small grants threshold applies to the total amount of Federal
financial assistance provided for a project, not just the total amount
of a single award. This clarification narrows the scope of the waiver,
relative to applying the small grants threshold only to the total
amount of assistance under a single award and will help deter
recipients of DOT financial assistance from artificially limiting the
size of individual awards to fit under the threshold. If a recipient
receives multiple awards for a single project, the recipient is
responsible for aggregating the value of those awards and tracking
whether the waiver would apply. Likewise, if a project is completed in
phases using multiple awards, the value of those awards must be
aggregated to determine whether the waiver would apply.
    A significant number of commenters also requested clarification on
the nature of the term ``Federal financial assistance award.'' Several
commenters specifically sought clarification on whether the waiver
would apply to subawards as well as initial awards made by a DOT
agency. Many such comments came from stakeholders and funding
recipients under FHWA's Recreational Trails Program (RTP). Under that
program, funds are apportioned to States, who then solicit and select
projects to receive RTP funds as subawards. Under several FTA funding
programs, including the formula grants program for the enhanced
mobility of seniors and individuals with disabilities (49 U.S.C. 5310)
and formula grants program for rural areas (49 U.S.C. 5311), awards are
made to statutorily defined entities such as States, which then make
subawards to statutorily defined subrecipients for eligible projects.
Subawards are also

common under FAA's Airport Improvement Program. As the small grants
waiver is intended to be applied on a project basis, DOT is clarifying
in the final waiver that it may be applied to both financial assistance
awards and subawards, as those terms are defined in 2 CFR 200.1 and
used in 2 CFR part 200, where the subaward is made by a pass-through
entity for a specific project. It is not applicable to a subaward from
an award that exceeds the $500,000 threshold if the scope of the
subaward is not a separately identifiable, independent project.
    DOT sought comment on the proposed dollar threshold for applying
the waiver to small grants and provided information on the number and
total dollar value of grants issued by DOT agencies below threshold
levels of $500,000 and $250,000. Multiple commenters urged DOT to
significantly increase the dollar threshold for all projects to as high
as $5,000,000. Other commenters suggested raising the threshold to
alternative values ranging between $750,000 and $2,000,000, while still
others were satisfied with the proposed value of $500,000. Some
commenters suggested the threshold value be raised but did not provide
a suggested value. One commenter suggested temporarily setting both the
dollar and percentage thresholds at higher levels, which would decrease
over the next two years. Some commenters opposed the waiver altogether,
with one commenter noting that DOT's proposed threshold was higher than
the $250,000 threshold referenced in the Implementation Guidance.
Therefore, on balance, DOT believes it is appropriate to finalize the
waiver using the $500,000 threshold for small grants that was presented
in the proposed waiver. DOT does not find that expanding the waiver to
permit the use of more foreign material would be in the public
interest.
    Commenters also asked that the waiver be applied retroactively to
any projects that are currently in the pipeline. DOT believes that
concerns about projects currently under development have been
adequately addressed by the waiver issued by the Department on January
30, 2023, for certain contracts and solicitations. Thus, this waiver
will apply only to awards obligated or subawards made on or after the
effective date.
    The proposed waiver also would have applied where ``the non-
domestically produced miscellaneous minor components comprise no more
than 5 percent of the total material cost of an otherwise domestically
produced iron or steel product.'' Many commenters indicated that the
phrase ``miscellaneous small components'' was unclear and sought
clarification of its meaning. States also expressed conflicting views
on the minor components portion of the proposal. One commenter noted
that iron and steel products used on DOT-assisted projects are unlikely
to have components, which would make such a waiver less useful; another
raised concerns that the cost criterion is not reasonably verifiable by
project sponsors. Another commented that the minor components element
could address the use of commercially available off-the-shelf (COTS)
products that comprise a small amount of material incidental to a
project; however, this application of the waiver would appear to be
covered by the de minimis threshold for overall materials costs as
well. Based on these comments, there does not appear to be strong
support for this portion of the proposed waiver at this time. As a
result, DOT has narrowed the final waiver to exclude a provision
related specifically to minor components. DOT will continue to monitor
this issue as it implements the domestic preference requirements of
BABA and other Buy America statutes and may consider revisiting the
application of those requirements to minor components of iron and steel
products at a later time if it deems that doing so would be in the
public interest.

Finding on the Waiver

    Based on all the information available to the Agency, DOT finds
that it is in the public interest to issue a waiver of BABA's domestic
preferences for iron and steel, manufactured products, and construction
materials used in projects funded under DOT-administered financial
assistance programs for iron, steel, manufactured products, and
construction materials under a single financial assistance award for
which:
     The total value of the non-compliant products is no more
than the lesser of $1,000,000 or 5% of total applicable costs for the
project; or
     The total amount of Federal financial assistance applied
to the project, through awards or subawards, is below $500,000.
    The waiver is applicable only to awards that are obligated or
subawards that are made on or after the effective date of the waiver.
The waiver is applicable to subawards only if the subawards are made by
a pass-through entity for a specific project.
    In applying the waiver, the ``total value of the non-compliant
products'' does not include the value of those products subject to a
separate Buy America waiver. ``Total applicable project costs'' are
defined as the cost of materials (including the cost of any
manufactured products) used in the project that are subject to a
domestic preference requirement, including materials that are within
the scope of an existing waiver.
    Because many DOT-administered financial assistance programs are
also subject to program-specific domestic preference requirements, the
waiver also applies to those requirements. Specifically, the waiver is
also an exercise of DOT's authority to issue public interest waivers
under 23 U.S.C. 313(b)(1), 49 U.S.C. 5323(j), 46 U.S.C.
54101(d)(2)(B)(i)(I), 49 U.S.C. 22905(a)(2), 49 U.S.C. 50101(b)(1), and
41 U.S.C. 8301(a)(2), as applied to DOT financial assistance. However,
the de minimis cost portion of the waiver (i.e., the first bullet in
the finding above) does not apply to iron and steel subject to the
requirements of 23 U.S.C. 313 on financial assistance administered by
FHWA.6 7 The small grants portion of the waiver (i.e., the
second bullet in the finding above) does not apply to iron, steel, and
manufactured goods subject to the requirements of 49 U.S.C. 22905(a).
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    \6\ The existing de minimis standard for iron and steel under 23
CFR 635.410(b)(4) will continue to apply to those projects.
    \7\ While 23 U.S.C. 313 also applies to financial assistance
administered by NHTSA, FHWA's existing de minimis waiver for iron
and steel applies only to FHWA's assistance programs. Thus, this
waiver fully applies to NHTSA-administered projects.
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    The waiver does not apply to products that are the subject of two
separate product-specific Buy America waivers from the Department:
    1. For awards administered by FHWA that are subject to 23 U.S.C.
313, the waiver does not apply to electric vehicle chargers, as defined
in the notice at 88 FR 10619.
    2. For awards that are subject to 49 U.S.C. 5323(j), the waiver
does not apply to mass-produced, unmodified non-ADA accessible vans and
minivans with seating capacity for at least six adults not including
the driver, as those terms are used in the notice at 87 FR 64534.
    DOT believes that waiving the domestic preference requirements for
lower-cost items purchased for infrastructure projects under BABA and
the DOT-administered Buy America statutes referenced above will support
the goals of E.O. 14005 to maximize domestic content in Federal
financial assistance awards. Doing so will allow the Department and its
assistance recipients to make efficient use of its limited resources to
focus their efforts

on higher-value products with more significant opportunities to develop
a domestic supply base and create well-paid jobs for American workers.
    Section 70914(d) of BABA requires that any general applicability
waivers issued under section 70914(b) must ``be reviewed every 5 years
after the date on which the waiver is issued,'' and prescribes a
process for that review that includes an opportunity for public notice
and comment and publication in the Federal Register of a determination
on whether to continue or discontinue the waiver at that time.
Accordingly, this general applicability waiver will be subject to such
a review within five years of its issue date. However, DOT reserves the
right to modify or shorten the duration of this waiver if it obtains
information before the end of the five-year period indicating the
waiver is no longer in the public interest.
    The Implementation Guidance also provides that, before granting a
waiver in the public interest, to the extent permitted by law, agencies
shall assess whether a significant portion of any cost advantage of a
foreign-sourced product is ``the result of the use of dumped steel,
iron, or manufactured products or the use of injuriously subsidized
steel, iron, or manufactured products.'' Implementation Guidance at p.
12. E.O. 14005 at Section 5 includes a similar requirement for ``steel,
iron, or manufactured goods.'' However, because the public interest
waiver that DOT is finalizing in this notice is not based on
consideration of the cost advantage of any foreign-sourced steel, iron,
or manufactured product content, there is not a specific cost advantage
for DOT to consider.
    Section 117 of the SAFETEA-LU Technical Corrections Act of 2008
(Pub. L. 110-244, 122 Stat. 1572) also requires an additional five-day
comment period after FHWA publishes a waiver finding notice. Comments
received during that period will be reviewed, but the finding will
continue to remain valid. Those comments may influence DOT/FHWA's
decision to terminate or modify a finding.

    Issued in Washington, DC on: August 10, 2023.
Carlos Monje Jr.,
Under Secretary of Transportation for Policy.
[FR Doc. 2023-17602 Filed 8-15-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Page 12558]
[FR Doc No: 2016-05244]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0394]

Driver Qualification Files: Application for Exemption; Atlantic
and Pacific Freightways, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of withdrawal of application for exemption.

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SUMMARY: FMCSA announces that it has accepted the request of Atlantic
and Pacific Freightways, Inc. (A&P) to withdraw its application for
exemption from the Agency's regulation requiring motor carriers to
obtain updated medical certification information when a driver holding
a commercial driver's license (CDL) undergoes a new driver medical
examination (49 CFR 391.51(b)(7)(ii)). A&P no longer needs the
exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Applicant A&P is a Vancouver, Washington motor carrier that employs
CDL-drivers to transport goods in interstate commerce. A&P applied for
exemption from 49 CFR 391.51(b)(7)(ii) because it was experiencing
difficulty obtaining updated medical certification information on its
CDL drivers as required by the regulation. On November 27, 2015, FMCSA
published a Federal Register notice of A&P's application for exemption
and asked for public comment (80 FR 74202). No comments were received.
On January 28, 2016, A&P asked to withdraw its application for
exemption because it is now able to receive all the information
required by 49 CFR 391.51(b)(7)(ii). The Agency accordingly accepts
A&P's request to withdraw its application and closes the docket of this
matter.

    Issued on: February 26, 2016.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2016-05244 Filed 3-8-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Notices]
[Pages 37726-37727]
[FR Doc No: 2020-13417]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0045]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on June 3, 2020, Long Island
Rail Road (LIRR) petitioned the Federal Railroad Administration (FRA)
for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 239. FRA assigned
the petition Docket Number FRA-2020-0045.
    Specifically, LIRR requests relief from ``hands-on'' instruction
concerning the location, function, and operation of on-board emergency
equipment as required by 49 CFR 239.101(a)(2)(E). LIRR seeks to provide
alternative instructor-led video training, using Power Point or similar
programs, during situations when in-person training is unsafe or
impractical due to natural disaster, state of emergency, or other
unforeseen circumstances. LIRR states that by providing instructor-led
video training, it can give additional classes to make up for
previously postponed classes and reduced class size, while adhering to
social distancing guidelines.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE, W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.

     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by August 7, 2020 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable. Anyone can search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the comment (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-13417 Filed 6-22-20; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Page 3460]
[FR Doc No: 2014-00954]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0121]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated January 17, 2013, Railserve. Inc. (RASX) petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR Part 223, Safety Glazing Standards--Locomotives, Passenger Cars and
Cabooses. FRA assigned the petition Docket Number FRA-2013-0121.
    RASX of Atlanta, GA, petitioned for a waiver of compliance for two
locomotives from the requirements of 49 CFR 223.11, Requirements for
existing locomotives, which require certified glazing in all windows.
The reporting marks on these locomotives are RASX 4124 and RASX 4544.
These locomotives are used in switching operations inside the Proctor
and Gamble Plant in Cincinnati, OH. The switching operations involved
interchange with CSX Transportation for inbound and outbound cars on
general system railroad trackage that is less than three-quarters of a
mile long. RASX stated that there is no history of vandalism at the
Proctor and Gamble Plant in Cincinnati, OH, and that the locomotives
are parked inside the plant when not in use. The top speed of
operations is 5 mph. RASX also stated that to install glass that meets
FRA specifications would be cost prohibitive.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Avenue
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 7, 2014 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-00954 Filed 1-17-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9101-9102]
[FR Doc No: 2022-03412]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0026]

Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillators (ICDs)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from two individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against operation of a commercial motor
vehicle (CMV) by persons with a current clinical diagnosis of
myocardial infarction, angina pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular disease of a variety known to
be accompanied by syncope (transient loss of consciousness), dyspnea
(shortness of breath), collapse, or congestive heart failure. If
granted, the exemptions would enable these individuals with ICDs to
operate CMVs in interstate commerce.

DATES: Comments must be received on or before March 21, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket ID FMCSA-2022-0026 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2022-0026, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2022-0026), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov, insert
the docket number FMCSA-2022-0026 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2022-0026, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The two individuals listed in this notice have requested an
exemption from Sec.  391.41(b)(4). Accordingly, the Agency will
evaluate the qualifications of each applicant to determine whether
granting the exemption will achieve the

required level of safety mandated by statute.
    The physical qualification standard found in Sec.  391.41(b)(4)
states that a person is physically qualified to drive a CMV if that
person has no current clinical diagnosis of myocardial infarction,
angina pectoris, coronary insufficiency, thrombosis, or any other
cardiovascular disease of a variety known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac failure.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. The advisory criteria states that ICDs are
disqualifying due to risk of syncope.
---------------------------------------------------------------------------

    \1\ These criteria may be found in 49 CFR part 391, Appendix A
to Part 391--Medical Advisory Criteria, Section D. Cardiovascular:
Sec.  391.41(b)(4), paragraph 4, which is available on the internet
at https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Qualifications of Applicants

Michael Bianculli

    Mr. Bianculli is a CMV driver in Massachusetts. A December 3, 2021,
letter from Mr. Bianculli's cardiologist reports that an ICD was
implanted in September 2021, for primary prevention. His cardiologist
reports that he has never had cardiac arrest or loss of consciousness,
his ICD has never fired, his cardiac function is normal, and he has no
symptoms attributed to his cardiac condition.

Kelly Lemus

    Ms. Lemus is a CMV driver in the state of Washington. An April 1,
2021, letter from Ms. Lemus' cardiologist reports that an ICD was
implanted in November 2011, after recurrent episodes of syncope. No
documentation of sustained arrhythmias or therapies have been delivered
from the ICD since implantation. Ms. Lemus has routine scheduled follow
ups with cardiology.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-03412 Filed 2-16-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Notices]
[Pages 25679-25682]
[FR Doc No: 2018-11869]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1829]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The LOMR will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation (Acting),
Department of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and  county          Location and  case      officer of         Community map        letter of map      Date of  modification   Community
                                          No.               community          repository             revision                                   No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Madison.....................  Unincorporated       The Honorable Dale  Madison County      https://msc.fema.gov/  Aug. 17, 2018........       010151
                                   areas of Madison     W. Strong,          Public Works        portal/advanceSearch.
                                   County (17-04-       Chairman, Madison   Department, 266-C
                                   7541P).              County              Sheilds Road,
                                                        Commission, 100     Huntsville, AL
                                                        North Side          35811.
                                                        Square,
                                                        Huntsville, AL
                                                        35801.
Arkansas:
    Washington..................  City of              The Honorable       Planning            https://msc.fema.gov/  Aug. 13, 2018........       050216
                                   Fayetteville (17-    Lioneld Jordan,     Department, 125     portal/advanceSearch.
                                   06-3792P).           Mayor, City of      West Mountain
                                                        Fayetteville, 113   Street,
                                                        West Mountain       Fayetteville, AR
                                                        Street,             72701.
                                                        Fayetteville, AR
                                                        72701.
Colorado:

    Adams.......................  City of Commerce     The Honorable Sean  City Hall, 7887     https://msc.fema.gov/  Aug. 8, 2018.........       080006
                                   City (17-08-1290P).  Ford, Mayor, City   East 60th Avenue,   portal/advanceSearch.
                                                        of Commerce City,   Commerce City, CO
                                                        7887 East 60th      80022.
                                                        Avenue, Commerce
                                                        City, CO 80022.
    Adams.......................  Unincorporated       The Honorable Mary  Adams County        https://msc.fema.gov/  Aug. 8, 2018.........       080001
                                   areas of Adams       Hodge, Chair,       Development and     portal/advanceSearch.
                                   County (17-08-       Adams County        Engineering
                                   1290P).              Board of            Services
                                                        Commissioners,      Department, 4430
                                                        4430 South Adams    South Adams
                                                        County Parkway,     County Parkway,
                                                        5th Floor, Suite    Brighton, CO
                                                        C5000A, Brighton,   80601.
                                                        CO 80601.
    Arapahoe....................  City of Centennial,  The Honorable       Southeast Metro     https://msc.fema.gov/  Aug. 3, 2018.........       080315
                                   (18-08-0628P).       Cathy Noon,         Stormwater          portal/advanceSearch.
                                                        Mayor, City of      Authority, 7437
                                                        Centennial, 13133   South Fairplay
                                                        East Arapahoe       Street,
                                                        Road, Centennial,   Centennial, CO
                                                        CO 80112.           80112.
    Broomfield..................  City and County of   The Honorable       Engineering         https://msc.fema.gov/  Aug. 3, 2018.........       085073
                                   Broomfield (17-08-   Randy Ahrens,       Department, 1       portal/advanceSearch.
                                   1518P).              Mayor, City and     Descombes Drive,
                                                        County of           Broomfield, CO
                                                        Broomfield, 1       80020.
                                                        Descombes Drive,
                                                        Broomfield, CO
                                                        80020.
    El Paso.....................  Unincorporated       The Honorable       El Paso County,     https://msc.fema.gov/  Aug. 6, 2018.........       080059
                                   areas of El Paso     Darryl Glenn,       Pikes Peak          portal/advanceSearch.
                                   County, (18-08-      President, El       Regional Building
                                   0558P).              Paso County Board   Department, 2880
                                                        of Commissioners,   International
                                                        200 South Cascade   Circle, Colorado
                                                        Avenue, Suite       Springs, CO 80910.
                                                        100, Colorado
                                                        Springs, CO 80903.
    Jefferson...................  Unincorporated       The Honorable       Jefferson County    https://msc.fema.gov/  Jul. 20, 2018........       080087
                                   areas of Jefferson   Libby Szabo,        Department of       portal/advanceSearch.
                                   County (17-08-       Chair, Jefferson    Planning and
                                   1483P).              County Board of     Zoning, 100
                                                        Commissioners,      Jefferson County
                                                        100 Jefferson       Parkway, Golden,
                                                        County Parkway,     CO 80419.
                                                        Golden, CO 80419.
    Weld........................  City of Brighton     Mr. Philip          City Hall, 500      https://msc.fema.gov/  Jul. 26, 2018........       080004
                                   (17-08-1256P).       Rodriguez,          South 4th Avenue,   portal/advanceSearch.
                                                        Manager, City of    Brighton, CO
                                                        Brighton, 500       80601.
                                                        South 4th Avenue,
                                                        Brighton, CO
                                                        80601.
    Weld........................  Unincorporated       The Honorable       Weld County         https://msc.fema.gov/  Jul. 26, 2018........       080266
                                   areas of Weld        Steve Moreno,       Commissioner's      portal/advanceSearch.
                                   County (17-08-       Chairman, Weld      Office, 915 10th
                                   1256P).              County Board of     Street, Greeley,
                                                        Commissioners,      CO 80632.
                                                        P.O. Box 758,
                                                        Greeley, CO 80632.
Florida:
    Bay.........................  Unincorporated       The Honorable       Bay County          https://msc.fema.gov/  Aug. 1, 2018.........       120004
                                   areas of Bay         William T.          Planning and        portal/advanceSearch.
                                   County (17-04-       Dozier, Chairman,   Zoning Division,
                                   2041P).              Bay County Board    840 West 11th
                                                        of Commissioners,   Street, Panama
                                                        840 West 11th       City, FL 32401.
                                                        Street, Panama
                                                        City, FL 32401.
    Collier.....................  Unincorporated       The Honorable Andy  Collier County      https://msc.fema.gov/  Aug. 7, 2018.........       120067
                                   areas of Collier     Solis, Chairman,    Growth Management   portal/advanceSearch.
                                   County (18-04-       Collier County      Department, 2800
                                   2026P).              Board of            North Horseshoe
                                                        Commissioners,      Drive, Naples, FL
                                                        3299 Tamiami        34104.
                                                        Trail East, Suite
                                                        303, Naples, FL
                                                        34112.
    Duval.......................  City of              The Honorable       Development         https://msc.fema.gov/  Aug. 8, 2018.........       120077
                                   Jacksonville (17-    Lenny Curry,        Services            portal/advanceSearch.
                                   04-7972P).           Mayor, City of      Division, 214
                                                        Jacksonville, 117   North Hogan
                                                        West Duval          Street, Room
                                                        Street, Suite       2100,
                                                        400,                Jacksonville, FL
                                                        Jacksonville, FL    32202.
                                                        32202.
    Manatee.....................  Unincorporated       The Honorable       Manatee County      https://msc.fema.gov/  Aug. 3, 2018.........       120153
                                   areas of Manatee     Priscilla Trace,    Building and        portal/advanceSearch.
                                   County, (18-04-      Chair, Manatee      Development
                                   2274P).              County Board of     Services
                                                        Commissioners,      Department, 1112
                                                        P.O. Box 1000,      Manatee Avenue
                                                        Bradenton, FL       West, Bradenton,
                                                        34206.              FL 34205.
    Monroe......................  City of Marathon     The Honorable       Planning            https://msc.fema.gov/  Aug. 9, 2018.........       120681
                                   (17-04-7377P).       Michelle            Department, 9805    portal/advanceSearch.
                                                        Coldiron, Mayor,    Overseas Highway,
                                                        City of Marathon,   Marathon, FL
                                                        9805 Overseas       33050.
                                                        Highway,
                                                        Marathon, FL
                                                        33050.
    Monroe......................  Village of           The Honorable       Building            https://msc.fema.gov/  Aug. 3, 2018.........       120424
                                   Islamorada, (18-04-  Chris Sante,        Department, 86800   portal/advanceSearch.
                                   2264P).              Mayor, Village of   Overseas Highway,
                                                        Islamorada, 86800   Islamorada, FL
                                                        Overseas Highway,   33036.
                                                        Islamorada, FL
                                                        33036.

    Orange......................  City of Orlando (18- The Honorable       Permitting          https://msc.fema.gov/  Jul. 30, 2018........       120186
                                   04-1385P).           Buddy Dyer,         Services            portal/advanceSearch.
                                                        Mayor, City of      Department, 400
                                                        Orlando, 400        South Orange
                                                        South Orange        Avenue, Orlando,
                                                        Avenue, Orlando,    FL 32801.
                                                        FL 32801.
    Orange......................  Unincorporated       The Honorable       Orange County       https://msc.fema.gov/  Jul. 30, 2018........       120179
                                   areas of Orange      Teresa Jacobs,      Stormwater          portal/advanceSearch.
                                   County, (18-04-      Mayor, Orange       Management
                                   1385P).              County, 201 South   Department, 4200
                                                        Rosalind Avenue,    South John Young
                                                        5th Floor,          Parkway, Orlando,
                                                        Orlando, FL 32801.  FL 32839.
    Osceola.....................  Unincorporated       The Honorable       Osceola County      https://msc.fema.gov/  Aug. 10, 2018........       120189
                                   areas of Osceola     Viviana Janer,      Stormwater          portal/advanceSearch.
                                   County (17-04-       Chair, Osceola      Department, 1
                                   6937P).              County Board of     Courthouse
                                                        Commissioners, 1    Square, Suite
                                                        Courthouse          3100, Kissimmee,
                                                        Square, Suite       FL 34741.
                                                        4700, Kissimmee,
                                                        FL 34741.
    Volusia.....................  City of Ormond       Ms. Joyce           City Hall, 22       https://msc.fema.gov/  Aug. 7, 2018.........       125136
                                   Beach (18-04-        Shanahan,           South Beach         portal/advanceSearch.
                                   1321P).              Manager, City of    Street, Ormond
                                                        Ormond Beach, 22    Beach, FL 32174.
                                                        South Beach
                                                        Street, Ormond
                                                        Beach, FL 32174.
    Volusia.....................  Unincorporated       The Honorable Ed    Volusia County      https://msc.fema.gov/  Aug. 7, 2018.........       125155
                                   areas of Volusia     Kelley, Chairman,   Building and        portal/advanceSearch.
                                   County (18-04-       Volusia County      Zoning
                                   1321P).              Council, 123 West   Department, 123
                                                        Indiana Avenue,     West Indiana
                                                        DeLand, FL 32720.   Avenue, DeLand,
                                                                            FL 32720.
    Wakulla.....................  Unincorporated       The Honorable       Wakulla County      https://msc.fema.gov/  Jul. 27, 2018........       120315
                                   areas of Wakulla     Ralph Thomas,       Planning and        portal/advanceSearch.
                                   County (17-04-       Chairman, Wakulla   Zoning
                                   6262P).              County Board of     Department, 3095
                                                        Commissioners,      Crawfordville
                                                        3093                Highway,
                                                        Crawfordville       Crawfordville, FL
                                                        Highway,            32327.
                                                        Crawfordville, FL
                                                        32327.
Georgia:
    Effingham...................  Unincorporated       The Honorable       Effingham County    https://msc.fema.gov/  Jul. 26, 2018........       130076
                                   areas of Effingham   Wesley Corbitt,     Planning and        portal/advanceSearch.
                                   County (17-04-       Chairman,           Engineering
                                   6088P).              Effingham County    Department, 601
                                                        Board of            North Laurel
                                                        Commissioners,      Street,
                                                        601 North Laurel    Springfield, GA
                                                        Street,             31329.
                                                        Springfield, GA
                                                        31329.
Illinois:
    Winnebago...................  Village of           Mr. Tim Savage,     Community           https://msc.fema.gov/  Aug. 3, 2018.........       171009
                                   Machesney Park (17-  Administrator,      Development         portal/advanceSearch.
                                   05-3855P).           Village of          Department, 300
                                                        Machesney Park,     Roosevelt Road,
                                                        300 Roosevelt       Machesney Park,
                                                        Road, Machesney     IL 61115.
                                                        Park, IL 61115.
Kentucky:
    Hardin......................  City of              The Honorable Edna  Department of       https://msc.fema.gov/  Aug. 6, 2018.........       210095
                                   Elizabethtown (18-   Berger, Mayor,      Stormwater          portal/advanceSearch.
                                   04-0788P).           City of             Management, 200
                                                        Elizabethtown,      West Dixie
                                                        P.O. Box 550,       Avenue,
                                                        Elizabethtown, KY   Elizabethtown, KY
                                                        42701.              42701.
Montana:
    Lake........................  Unincorporated       The Honorable Gale  Lake County         https://msc.fema.gov/  Aug. 3, 2018.........       300155
                                   areas of Lake        Decker, Chairman,   Courthouse, 106     portal/advanceSearch.
                                   County (18-08-       Lake County Board   4th Avenue East,
                                   0356P).              of Commissioners,   Polson, MT 59860.
                                                        106 4th Avenue
                                                        East, Room 211,
                                                        Polson, MT 59860.
North Carolina:
    Mecklenbur..................  City of Charlotte    The Honorable Vi    Charlotte-          http://                Jun. 30, 2018........       370159
                                   (17-04-6164P).       Lyles, Mayor,       Mecklenburg         www.msc.fema.gov/
                                                        City of             Stormwater          lomc.
                                                        Charlotte, 600      Services
                                                        East 4th Street,    Department, 700
                                                        Charlotte, NC       North Tryon
                                                        28202.              Street Charlotte,
                                                                            NC 28202.
    Wake........................  Town of Apex (17-04- The Honorable       Engineering         http://                Jul. 14, 2018........       370467
                                   7005P).              Lance Olive,        Department, 73      www.msc.fema.gov/
                                                        Mayor, Town of      Hunter Street,      lomc.
                                                        Apex, P.O. Box      Apex, NC 27502.
                                                        250, Apex, NC
                                                        27502.
    Wake........................  Unincorporated       The Honorable       Wake County,        https://msc.fema.gov/  Jul. 6, 2018.........       370368
                                   areas of Wake        Jessica Holmes,     Environmental       portal/advanceSearch.
                                   County, (16-04-      Chair, Wake         Services
                                   2584P).              County Board of     Department, 336
                                                        Commissioners,      Fayetteville
                                                        P.O. Box 550,       Street, Raleigh,
                                                        Raleigh, NC 27602.  NC 27601.
North Dakota:
    Pembina.....................  City of Pembina (17- The Honorable Kyle  City Hall, 152      https://msc.fema.gov/  Aug. 16, 2018........       385368
                                   08-0738P).           Dorion, Mayor,      West Rolette        portal/advanceSearch.
                                                        City of Pembina,    Street, Pembina,
                                                        152 West Rolette    ND 58271.
                                                        Street, Pembina,
                                                        ND 58271.

    Pembina.....................  Unincorporated       The Honorable Jim   Pembina County      https://msc.fema.gov/  Aug. 16, 2018........       380079
                                   areas of Pembina     Benjaminson,        Emergency           portal/advanceSearch.
                                   County (17-08-       Chairman, Pembina   Operations
                                   0738P).              County Board of     Department, 308
                                                        Commissioners,      Courthouse Drive,
                                                        301 Dakota Street   Cavalier, ND
                                                        West, Cavalier,     58220.
                                                        ND 58220.
Oklahoma:
    Oklahoma....................  City of Edmond (18-  The Honorable       Engineering         https://msc.fema.gov/  Aug. 9, 2018.........       400252
                                   06-0827P).           Charles Lamb,       Department,         portal/advanceSearch.
                                                        Mayor, City of      Stormwater
                                                        Edmond, P.O. Box    Management, 10
                                                        2970, Edmond, OK    South Littler
                                                        73034.              Avenue, Edmond,
                                                                            OK 73034.
South Dakota:
    Charles Mix.................  City of Wagner (17-  The Honorable       City Hall, 60       https://msc.fema.gov/  Jul. 19, 2018........       460224
                                   08-0710P).           Donald R. Hosek,    South Main          portal/advanceSearch.
                                                        Mayor, City of      Avenue, Wagner,
                                                        Wagner, P.O. Box    SD 57380.
                                                        40, Wagner, SD
                                                        57380.
    Charles Mix.................  Yankton Sioux Tribe  The Honorable       Yankton Sioux       https://msc.fema.gov/  Jul. 19, 2018........       461204
                                   (17-08-0710P).       Robert Flying       Tribal Hall, 806    portal/advanceSearch.
                                                        Hawk, Chairman,     Main Avenue
                                                        Yankton Sioux       Southwest,
                                                        Tribe, P.O. Box     Wagner, SD 57380.
                                                        1153, Wagner, SD
                                                        57380.
Texas:
    Bexar.......................  City of San Antonio  The Honorable Ron   Transportation and  https://msc.fema.gov/  Aug. 6, 2018.........       480045
                                   (18-06-1577X).       Nirenberg, Mayor,   Capital             portal/advanceSearch.
                                                        City of San         Improvements
                                                        Antonio, P.O. Box   Department,
                                                        839966, San         Stormwater
                                                        Antonio, TX 78283.  Division, 1901
                                                                            South Alamo
                                                                            Street, 2nd
                                                                            Floor, San
                                                                            Antonio, TX 78204.
    Dallas......................  City of Irving (17-  The Honorable Rick  Capital             https://msc.fema.gov/  Jul. 30, 2018........       480180
                                   06-4073P).           Stopfer, Mayor,     Improvement         portal/advanceSearch.
                                                        City of Irving,     Program
                                                        825 West Irving     Department,
                                                        Boulevard,          Engineering
                                                        Irving, TX 75060.   Section, 825 West
                                                                            Irving Boulevard,
                                                                            Irving, TX 75060.
    Denton......................  Unincorporated       The Honorable Mary  Denton County Mary  https://msc.fema.gov/  Aug. 1, 2018.........       480774
                                   areas of Denton      Horn, Denton        and Jim Horn        portal/advanceSearch.
                                   County (17-06-       County Judge, 110   Government
                                   4327P).              West Hickory        Center, 1505 East
                                                        Street, 2nd         McKinney Street,
                                                        Floor, Denton, TX   Suite 175,
                                                        76201.              Denton, TX 72509.
    Harris......................  Unincorporated       The Honorable       Harris County       https://msc.fema.gov/  Jul. 30, 2018........       480287
                                   areas of Harris      Edward M. Emmett,   Permit              portal/advanceSearch.
                                   County, (18-06-      Harris County       Department, 10555
                                   0478P).              Judge, 1001         Northwest
                                                        Preston Street,     Freeway, Suite
                                                        Suite 911,          120, Houston, TX
                                                        Houston, TX 77002.  77092.
    Johnson.....................  City of Burleson     The Honorable Ken   Public Works        https://msc.fema.gov/  Aug. 10, 2018........       485459
                                   (17-06-2805P).       Shetter, Mayor,     Department, 725     portal/advanceSearch.
                                                        City of Burleson,   Southeast John
                                                        141 West Renfro     Jones Drive,
                                                        Street, Burleson,   Burleson, TX
                                                        TX 76028.           76028.
    Tarrant.....................  City of Fort Worth   The Honorable       Transportation and  https://msc.fema.gov/  Jul. 13, 2018........       480596
                                   (17-06-4077P).       Betsy Price,        Public Works        portal/advanceSearch.
                                                        Mayor, City of      Department, 200
                                                        Fort Worth, 200     Texas Street,
                                                        Texas Street,       Fort Worth, TX
                                                        Fort Worth, TX      76102.
                                                        76102.
    Tarrant.....................  Town of Edgecliff    The Honorable       Town Hall, 1605     https://msc.fema.gov/  Jul. 13, 2018........       480592
                                   Village (17-06-      Dennis ``Mickey''   Edgecliff Road,     portal/advanceSearch.
                                   4077P).              Rigney, Mayor,      Edgecliff
                                                        Town of Edgecliff   Village, TX 76134.
                                                        Village, 1605
                                                        Edgecliff Road,
                                                        Edgecliff
                                                        Village, TX 76134.
Virginia:
    Prince William..............  Unincorporated       Mr. Christopher E.  Prince William      https://msc.fema.gov/  Jul. 12, 2018........       510119
                                   areas of Prince      Martino, Prince     County Department   portal/advanceSearch.
                                   William County (17-  William County      of Public Works,
                                   03-1825P).           Executive, 1        5 County Complex
                                                        County Complex      Court,
                                                        Court,              Woodbridge, VA
                                                        Woodbridge, VA      22192.
                                                        22192.
    Stafford....................  Unincorporated       Mr. Thomas C.       Stafford County     https://msc.fema.gov/  Jul. 30, 2018........       510154
                                   areas of Stafford    Foley, Stafford     Department of       portal/advanceSearch.
                                   County (17-03-       County              Code
                                   2523P).              Administrator,      Administration,
                                                        1300 Courthouse     1300 Courthouse
                                                        Road, Stafford,     Road, Stafford,
                                                        VA 22554.           VA 22554.
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[FR Doc. 2018-11869 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-12-P