68662 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 

Development Corporation. The waivers 

for each of these projects involve 

specific items that are not produced in 

the United States and deemed necessary 

for the construction of the project. 

MarAd has reached out to the steel 

industry and solicited public comments 

on the domestic availability of these 

items. No domestic manufacturers have 

been located. 

DATES: The effective date of the waiver 

is November 9, 2010. Comments may be 

submitted up to 15 days after 

publication. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Shuler Jr., Office of 

Infrastructure Development and 

Congestion Mitigation, Maritime 

Administration, MAR–510, 1200 New 

Jersey Ave., SE., Washington, DC 20590. 

Telephone: (202) 366–6639, or via email at Anthony.L.Shuler@dot.gov. For 

legal questions, you may contact Murray 

Bloom, Chief, Division of Maritime 

Programs, Office of the Chief Counsel, 

Maritime Administration, MAR–222, 

1200 New Jersey Ave., SE., Washington, 

DC 20590. Telephone: (202) 366–5320, 

or via e-mail at Murray.Bloom@dot.gov. 

Office hours are from 8:30 a.m. to 5 

p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov/federal-register/ and 

at http://www.regulations.gov. 

Background 

Congress has enacted a Buy American 

provision which requires manufactured 

goods permanently incorporated into a 

project funded with Federal-aid funds to 

be produced in the United States. The 

application of Buy American is triggered 

by the obligation of Federal funds to a 

project. Once Federal-aid funds are 

obligated to a project, then all steel and 

iron incorporated into the project must 

be produced in the United States. The 

specific statutory requirement reads as 

follows: 

Notwithstanding any other provision of 

law, the Secretary of Transportation shall not 

obligate any funds authorized to be 

appropriated to carry out the Surface 

Transportation Assistance Act of 1982 (Pub. 

L. 97–424) or this title and administered by 

the Department of Transportation, unless 

steel, iron, and manufactured products used 

in such project are produced in the United 

States. 

23 U.S.C. 313(a) 

Under 23 U.S.C. 313(b), the Secretary 

may waive the Buy American 

requirements for specific products on a 

Federal-aid construction project when, 

Buy American is inconsistent with the 

public interest; such materials and 

products are not produced in the United 

States in sufficient and reasonably 

available quantities and of satisfactory 

quality; or inclusion of domestic 

material will increase the cost of the 

overall project contract by more than 25 

percent. 

The waiver process is initiated by a 

requesting organization when it believes 

that a waiver is Warranted pursuant to 

any of the three waiver provisions under 

23 U.S.C. 313(b). Pursuant to Division 

A, Section 123 of the Consolidated 

Appropriations Act, 2010 (Pub. L. 111– 

117), MarAd is required to provide an 

informal public notice and comment 

opportunity for a period of 15 days for 

all waiver requests. MarAd complied 

with this informal public notice and 

comment requirement through the 

establishment of a dedicated Web site 

for Buy America waiver requests. The 

Web site MarAd established for this 

purpose is located at the following 

address: http://www.marad.dot.gov. The 

waiver notification postings solicited 

public comments on the intent to issue 

a waiver for a 15-day period, and all 

comments received within the 15 day 

comment period were evaluated and 

potential domestic sources were 

verified. During the 15-day comment 

period, MarAd conducted additional 

nationwide reviews by coordinating the 

waiver requests with appropriate 

industry associations and other 

potential domestic manufacturers. 

Following this comment period, and 

after MarAd’s evaluation of the 

comments and coordination with the 

industry associations and potential 

manufacturers, MarAd developed 

findings and justifications for the waiver 

and publishes this decision in the 

Federal Register. MarAd’s publication 

of its Buy American decision is required 

pursuant to the Buy American Act, 2 

CFR 176.80(b)(2). The specific statutory 

requirement reads as follows: 

The head of the Federal department or 

agency shall publish a notice in the Federal 

Register within two weeks after the 

determination is made, unless the item has 

already been determined to be domestically 

non-available. A list of items that are not 

domestically available is at 48 CFR 25.104(a). 

The Federal Register notice or information 

from the notice may be posted by OMB to 

Recovery.gov. The notice shall include — (i) 

The title ‘‘Buy American Exception under the 

American Recovery and Reinvestment Act of 

2009’’; (ii) The dollar value and brief 

description of the project; and (iii) A detailed 

written justification as to why the restriction 

is being waived. 

2 CFR 176.80(b)(2) 

Upon publication of this Federal 

Register notice, the public is afforded an 

opportunity to submit additional 

comments on this finding to MarAd’s 

Web site for 15 days following the 

effective date of the finding. 

Authority: 2 CFR 176.80(b)(2), 48 CFR 

25.104(a). 

Dated: November 2, 2010. 

By Order of the Maritime Administrator 

Murray Bloom, 

Acting Secretary, Maritime Administration. 

[FR Doc. 2010–28143 Filed 11–5–10; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: St. 

Louis County, MO 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Intent. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that an 

environmental impact statement (EIS) 

will be prepared for a proposed highway 

project generally from the vicinity of 

Laclede Station Road and Hanley Road 

southeastward to River Des Peres 

Boulevard and Lansdowne Avenue in 

St. Louis County, Missouri. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Peggy J. Casey, Program Development 

Team Leader, FHWA Division Office, 

3220 West Edgewood, Suite H, Jefferson 

City, MO 65109, Telephone: (573) 636– 

7104; or Mr. Kevin Keith, Interim 

Director, Missouri Department of 

Transportation, P.O. Box 270, Jefferson 

City, MO 65102, Telephone: (573) 751– 

2803. Questions may also be directed to 

the Local Public Agency sponsor by 

contacting: Mr. John Hicks, 

Transportation Development Analyst, 

St. Louis County Department of 

Highways and Traffic, 121 S. Meramec 

Avenue, Clayton, Missouri 63105, 

Telephone: (314) 615–8532. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the 

Missouri Department of Transportation 

(MoDOT) and St Louis County 

Department of Highways and Traffic 

(County), will prepare an EIS for a 

proposed roadway project in St. Louis 

County, Missouri. The project corridor 

begins in the vicinity of Laclede Station 

Road and Hanley Road, extending from 

the vicinity of Laclede Station Road and 

Hanley Road, extending southeastward 

to River Des Peres Boulevard and 

Lansdowne Avenue near the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 68663 

Shrewsbury MetroLink station. A 

location study will run concurrently 

with the preparation of the EIS and will 

provide definitive alternatives for 

evaluation in the EIS. The project is 

intended to provide additional access 

and improved connectivity between 

south St. Louis County and central St. 

Louis County, and to Interstates 44, 64, 

55, and 170. 

The needs for the proposed action 

include: (1) Roadway connectivity, (2) 

congestion, (3) roadway capacity, and 

(4) safety. The project study area is 

generally bounded by Manchester Road 

to the north, Hanley Road and Laclede 

Station Road to I–44 to the west, 

Murdoch Avenue and Watson Road to 

the south, and Big Bend Boulevard and 

River Des Peres on the east. The corridor 

is centered on the intersection of 

Laclede Station Road and Hanley Road. 

The corridor extends southeastward, 

generally parallel to Deer Creek, to River 

Des Peres Boulevard in the vicinity of 

Lansdowne Avenue in the City of St. 

Louis and in close proximity to the 

Shrewsbury MetroLink station. The 

study area is approximately two miles 

in length and one-half mile in width. 

Alternatives under consideration 

include (1) Taking no action; (2) 

implementing transportation system 

management options; and (3) build 

alternatives. The evaluation of build 

alternatives will include a full 

interchange between the proposed build 

alternatives and Interstate 44, as 

applicable. 

As part of the project scoping process, 

interagency coordination meeting(s) will 

be held with all appropriate Federal, 

State, and local agencies having 

jurisdiction or having specific expertise 

with respect to any environmental 

impacts associated with the proposed 

improvements. Agencies with 

jurisdiction by law will be asked to 

become cooperating agencies. Other 

agencies with interest in the project will 

be invited to become participating 

agencies. In addition, an open house 

public scoping meeting (the initial 

public meeting) will be held to solicit 

input from the public and to identify 

issues to be addressed in the EIS. The 

public scoping meeting is scheduled for 

Thursday, December 9, 2010 from 3 

p.m. until 7 p.m. at the Affton WhiteRodgers Community Center, located at 

9801 Mackenzie Road, St. Louis, 

Missouri 63123. Coordination will 

continue throughout the study as an 

ongoing process, including public 

information meetings and further 

meetings with community officials to 

solicit public and agency input. 

A location public hearing will be held 

to present the findings of the draft EIS 

(DEIS). Public notice will be given 

announcing the time and place of all 

public meetings and the public hearing. 

The DEIS will be available for public 

and agency review and comment prior 

to the public hearing. To ensure that the 

full range of issues related to this 

proposed action is addressed and all 

significant issues are identified, 

comments and suggestions are invited 

from all interested parties. Comments or 

questions concerning this proposed 

action and the EIS should be directed to 

the FHWA or MoDOT at the addresses 

provided above. Concerns in the study 

are primarily related to potential 

impacts to residences, cultural 

resources, and neighborhoods in the 

study area. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Issued on: November 2, 2010. 

Peggy J. Casey, 

Program Development Team Leader, Jefferson 

City. 

[FR Doc. 2010–28159 Filed 11–5–10; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0150] 

Federal Motor Vehicle Safety 

Standards; Rear Impact Guards; Rear 

Impact Protection; Technical Report, 

on the Effectiveness of Underride 

Guards for Heavy Trailers 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Request for comments on 

technical report. 

SUMMARY: This notice announces 

NHTSA’s publication of a Technical 

Report, its existing Safety Standard 223, 

Rear Impact Guards and Safety 

Standard 224, Rear Impact Protection. 

The report’s title is: The Effectiveness of 

Underride Guards for Heavy Trailers. 

DATES: Comments must be received no 

later than March 8, 2011. 

ADDRESSES: 

Report: The technical report is 

available on the Internet for viewing in 

PDF format at http://wwwnrd.nhtsa.dot.gov/Pubs/811375.pdf. 

You may obtain a copy of the report free 

of charge by sending a self-addressed 

mailing label to Charles J. Kahane 

(NVS–431), National Highway Traffic 

Safety Administration, Room W53–312, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

Comments: You may submit 

comments [identified by Docket Number 

NHTSA–2010–0150] by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Rm. W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., between 9 a.m. 

and 5 p.m. Eastern Time, Monday 

through Friday, except Federal holidays. 

You may call Docket Management at 

202–366–9826. 

Instructions: For detailed instructions 

on submitting comments, see the 

Procedural Matters section of this 

document. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Charles J. Kahane, Chief, Evaluation 

Division, NVS–431, National Center for 

Statistics and Analysis, National 

Highway Traffic Safety Administration, 

Room W53–312, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone: 202–366–2560. E-mail: 

chuck.kahane@dot.gov. 

For information about NHTSA’s 

evaluations of the effectiveness of 

existing regulations and programs: You 

may see a list of published evaluation 

reports at http://www-nrd.nhtsa.dot.gov/ 

cats/listpublications.

aspx?Id=226&ShowBy=Category and if 

you click on any report you will be able 

to view it in PDF format. 

SUPPLEMENTARY INFORMATION: Safety 

Standards 223 (49 CFR 571.223) and 224 

(49 CFR 571.224) require underride 

guards meeting a strength test on trailers 

with a GVWR of 10,000 pounds or 

greater manufactured on or after January 

24, 1998. Safety Standard 224 defines 

the size requirements for the guards, 

while Safety Standard 223 describes 

strength testing and energy absorption 

requirements for DOT-compliant guards. 

This report is a statistical analysis of 

crash data aimed at determining the 

effectiveness of standard-compliant 

underride guards at preventing fatalities 

and serious injuries in crashes where a 

passenger vehicle impacts the rear of a 


jlentini on DSKJ8SOYB1PROD with NOTICES