Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 28317 

provide an opportunity for comment. In 

addition, PRIIA requires a detailed 

written justification for the decision be 

published in the Federal Register. This 

notice informs the public that ODOT 

has requested a Buy America waiver for 

the roofing tiles and requests public 

comment on the potential waiver. 

ODOT has requested the waiver 

pursuant to 49 U.S.C. 24405(a)(2)(B) 

because it believes that for the reasons 

set forth in this notice below the 

manufactured goods, the metal roofing 

tiles, are not reasonably available in the 

United States and that therefore a 

waiver is warranted. 

In its Buy America waiver request to 

the FRA, ODOT distinguishes between 

‘‘field’’ tiles which are used for the 

majority of the roof rehabilitation and 

‘‘specialty’’ tiles which are used for the 

ridge, hip and valley area of the roof. 

ODOT states that after researching 

potential manufacturers of the roof tiles 

it found only two companies in North 

America capable of manufacturing the 

tiles necessary to complete this project. 

Furthermore, the one American firm 

ODOT identified, W.F. Norman, stated it 

might be a good source for the specialty 

tiles but turned down the request to 

manufacture the field tiles. The other 

firm capable and willing to produce the 

field tiles is Heather & Little Limited 

located in Ontario, Canada. ODOT has 

also explored the possibility of custom 

fabricating the tiles. However, ODOT 

found that custom fabrication would 

cost upwards of $1.5 million whereas 

the cost of purchasing the manufactured 

tiles would be approximately $1 

million. 

While this $500,000 price disparity 

does not trigger the PRIIA section 

24405(a)(2)(D) waiver for instances 

where procuring domestic material 

would increase the cost of the overall 

project by more than 25 percent, it does 

represent a substantial increase in 

project cost. In addition, custom 

fabrication does not equate to 

‘‘reasonably available’’ manufactured 

goods as ODOT would have to specially 

fabricate field tiles that are otherwise 

available through mass production 

albeit from a foreign source. Thus, since 

ODOT could not find a reasonable 

domestic source and the only other 

option is procuring the field tiles from 

a foreign manufacturer, it requests that 

the Secretary grant a Buy America 

waiver based on non-availability. 

In addition to FRA’s grant, the Federal 

Highway Administration (‘‘FHWA’’) is 

also providing funding for the Union 

Station rehabilitation with a portion of 

its Recovery Act funds. Pursuant to 

FHWA’s Buy America policy contained 

in 23 CFR. 635.410 and Division K, 

section 130 of the Consolidated 

Appropriations Act of 2008 (Pub. L. 

110–161), FHWA published a notice of 

intent to issue a waiver on its Web site 

for the roof tiles (available at http:// 

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=39). FHWA 

posted its request for comments on its 

Web site on October 22, 2009 and 

sought public comment for a period of 

fifteen days while it considered the 

waiver request. After determining the 

Buy America waiver was appropriate, 

FHWA published a Notice of Finding in 

the Federal Register on December 4, 

2009 and invited comment for an 

additional fifteen days (74 FR 63316, 

Dec. 4, 2009). According to its Notice, 

FHWA did not receive any substantive 

comments that led it to believe that the 

roof tiles made of 40/45 KSI #2, 24 

Gauge (0.0276’’) Galvanized ‘‘NonFluting’’ Steel Stock with Kynar PPG 

5LR82411 or L/G Rodda Red II Paint 

Finish Color are available from a 

domestic source. Furthermore, FHWA 

conducted its own nationwide review to 

locate potential domestic manufacturers 

for the roof tiles but did not uncover any 

additional domestic sources of the field 

tiles. After considering ODOT’s waiver 

request and its own internal review of 

potential tile manufacturers, FHWA 

concluded that ‘‘[b]ased on all of the 

information available to the agency, the 

FHWA concludes that there are no 

domestic manufacturers of the roof tiles’’ 

and that the Buy America waiver was 

appropriate based on non-availability. 

With this information in mind and in 

order to completely understand the facts 

surrounding ODOT’s request, FRA seeks 

comment from all interested parties 

regarding the availability of 

domestically manufactured field tiles of 

the materials described above and the 

potential Buy America waiver. 

Issued in Washington, DC on May 17, 

2010. 

Paul Nissenbaum, 

Director, Office of Passenger and Freight 

Programs. 

[FR Doc. 2010–12157 Filed 5–19–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highways in Michigan 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Decision by FHWA 

and Notice of Limitation of Claims for 

Judicial Review of Actions by FHWA 

and Other Federal Agencies. 

SUMMARY: This notice announces the 

availability of a Record of Decision by 

FHWA pursuant to the requirements of 

the National Environmental Protection 

Policy Act of 1969 (NEPA), 42 U.S.C. 

4321, as amended and the Council on 

Environmental Quality Regulations (40 

CFR Parts 1500–1508). In addition, this 

Notice announces actions taken by 

FHWA and other Federal agencies that 

are final within the meaning of 23 

U.S.C. 139(1)(1). These actions relate to 

proposed improvements to US–31, M– 

104, and construction of a new M–231 

route in Ottawa County, Michigan. 

These actions grant approvals for the 

project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 771 and 23 

U.S.C. 139(1)(1). A claim seeking 

judicial review of the Federal Agency 

actions on the highway project will be 

barred unless the claim is filed on or 

before November 16, 2010 (180 days 

from May 20, 2010). If the Federal law 

that authorizes that judicial review of a 

claim provides a time period of less 

than 180 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Williams, Environmental Program 

Manager, Federal Highway 

Administration Michigan Division, 315 

West Allegan Street, Room 201, Lansing, 

MI 48933; phone: (517) 702–1820, Fax: 

(517) 377–1804; and e-mail: 

David.Williams@dot.gov. Ms. Ruth 

Hepfer, Area Engineer, Federal Highway 

Administration Michigan Division, 315 

West Allegan Street, Room 201, Lansing, 

MI 48933; phone: (517) 702–1847, Fax: 

(517) 377–1844; E-mail: 

Ruth.Hepfer@dot.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing approvals for the 

following highway project in the State 

of Michigan: US–31 (Holland to Grand 

Haven). The Selected alternative will: 

construct a new north-south M–231 

route (between M–45 and I–96), 

improve M–104 in the vicinity of the 

M–104/M–231/I–96 junction (including 

improvements to the 112th Avenue 

Interchange), improve US–31 in the City 

of Grand Haven, from south of Franklin 

Street to north of Jackson Street, and 

improve US–31 in the City of Holland 

from Lakewood Boulevard north to 

Quincy Street. The selected alternative 

is located in the cities of Holland and 

Grand Haven, in Ottawa County, 

Michigan. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
28318 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the Final 

Environmental Impact Statement for the 

project approved on February 5, 2010; 

in the FHWA Record of Decision (ROD) 

issued on April 23, 2010; and in other 

project records. The FEIS, ROD and 

other documents in the FHWA project 

file are available by contacting the 

FHWA. The FHWA FEIS and ROD can 

be viewed and downloaded from the 

project Web site at: http:// 

www.michigan.gov/mdot/0,1607,7–151– 

9621_11058—,00.html or viewed at 

public libraries in the project area. 

This notice applies to all Federal 

agency decisions on the listed projects 

as of the issuance date of this notice and 

all laws under which such actions were 

taken, including but not limited to: 

1. General: National Environmental 

Policy Act [42 U.S.C. 4321–4351]; 

Federal-Aid Act [23 U.S.C. 109]. 

2. Air: Clean Air Act, as amended [42 

U.S.C. 7401–7671(q)]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife and Plants: Endangered 

Species Act [16 U.S.C. 1531–1544]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.] Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)-11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]. 

6. Social and Economics: Civil Rights 

Act of 1964 [42 U.S.C 2000(d)- 

2000(d)(1)]; American Indians Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Act [7 U.S.C. 4201–4209]; the 

Uniform Relocation Assistance and Real 

Property Acquisition Policies of 1970, as 

amended [42 U.S.C. 61]. 

7. Wetlands and Water Resources: 

Clean Water Act [33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319); 

Coastal Zone Management Act [14 

U.S.C. 1451–1465]; Land and Water 

Conservation fund [16 U.S.C. 4601– 

4604]; Safe Drinking Water act [42 

U.S.C. 300(f)-300(j)(6)]; Rivers and 

Harbors Act of 1899 [42 U.S.C. 401– 

406]; TEA–21 Wetland Mitigation [23 

U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood 

Disaster Protection Act [42 U.S.C. 4001– 

4128]. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation and Liability 

Act [42 U.S.C. 9501–9675]; Superfund 

Amendments and Reauthorization Act 

of 1986 [Pub. L. 99–499]; Resource, 

Conservation and Recovery Act 

[42U.S.C. 6901–6992(k)]. 

9. Executive Orders: E.O. 11990, 

Protection of Wetlands; E.O. 11988, 

Floodplains Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority and 

Low Income Populations; E.O. 11593, 

Protection and Enhancement of Cultural 

Resources; E.O. 13007, Indian Sacred 

Sites; E.O. 13112, Invasive Species; E.O. 

13274, Environmental Stewardship and 

Transportation Infrastructure Project 

Reviews. 

(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.) 

Authority: 23 U.S.C. 139(1)(1). 

Issued on: May 13, 2010. 

Russell L. Jorgenson, 

Division Administrator, Federal Highway 

Administration, Lansing, Michigan. 

[FR Doc. 2010–11960 Filed 5–19–10; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Eighty-Second Meeting: RTCA Special 

Committee 159: Global Positioning 

System (GPS) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of RTCA Special 

Committee 159 meeting: Global 

Positioning System (GPS). 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of 

RTCA Special Committee 159: Global 

Positioning System (GPS). 

DATES: The meeting will be held June 8– 

11, 2010, from 9 a.m. to 4:30 p.m. 

(unless stated otherwise). 

ADDRESSES: The meeting will be held at 

RTCA, Inc., 1828 L Street, NW., Suite 

805, Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

RTCA Secretariat, 1828 L Street, NW., 

Suite 805, Washington, DC 20036; 

telephone (202) 833–9339; fax (202) 

833–9434; Web site http://www.rtca.org. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (Pub. L. 92– 

463, 5 U.S.C., Appendix 2), notice is 

hereby given for a Special Committee 

159: Global Positioning System (GPS) 

meeting. The agenda will include: 

Specific Working Group Sessions 

Tuesday, June 8th 

• All Day, Working Group 2C, GPS/ 

Inertial, Colson Board Room. 

Wednesday, June 9th 

• All Day, Working Group 2, GPS/ 

WAAS, Hilton-ATA Room. 

• All Day, Working Group 4, 

Precision Landing Guidance (GPS/ 

LAAS), MacIntosh-NBAA Room. 

Thursday, June 10th 

• Morning (9 a.m.–12 p.m.), Working 

Group 4, Precision Landing Guidance 

(GPS/LAAS), MacIntosh-NBAA Room & 

Hilton-ATA Room. 

Friday, June 11th 

Plenary Session—See Agenda Below 

Agenda—Plenary Session—Agenda 

June 11th, 2010—starting at 9 a.m. 

MacIntosh-NBAA & Hilton-ATA Rooms 

• Chairman’s Introductory Remarks. 

• Approval of Summary of the EightyFirst Meeting held February 5, 2010, 

RTCA Paper No. 068–10/SC159–984. 

• Review Working Group (WG) 

Progress and Identify Issues for 

Resolution. 

• GPS/3rd Civil Frequency (WG–1). 

• GPS/WAAS (WG–2). 

• GPS/GLONASS (WG–2A). 

• GPS/Inertial (WG–2C). 

• GPS/Precision Landing Guidance 

(WG–4). 

• GPS/Airport Surface Surveillance 

(WG–5). 

• GPS/Interference (WG–6). 

• GPS/Antennas (WG–7). 

• Review of EUROCAE Activities. 

• GEAS Update Briefing. 

• Assignment/Review of Future 

Work. 

• Other Business. 

• Date and Place of Next Meeting 

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the ‘‘FOR FURTHER INFORMATION

CONTACT’’ section. Members of the 

public may present a written statement 

to the committee at any time. 

Issued in Washington, DC, on May 12, 

2010. 

Francisco Estrada C., 

RTCA Advisory Committee. 

[FR Doc. 2010–12088 Filed 5–19–10; 8:45 am] 

BILLING CODE 4910–13–P 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1