[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Page 19927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7664]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification System

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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SUMMARY: This notice provides a revised statement of policy concerning 
the FHWA's process for reviewing Buy America Waiver requests on 
Federal-aid highway construction projects. The FHWA has established a 
Web page to provide the public with an informal notice and comment 
opportunity for all Buy America waiver requests.

DATES: The policy became effective on December 26, 2007, when the 
President signed Public Law 110-161, the ``Consolidated Appropriations 
Act, 2008'' into law.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, or via e-mail at 
[email protected]. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or 
via e-mail at [email protected]. Office hours for the FHWA are 
from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded from the 
Federal Register's home page at: http://www.archives.gov and the 
Government Printing Office's database at: http://www.access.gpo.gov/nara.

Background

    The FHWA's Buy America policy in 23 CFR 635.410 requires a domestic 
manufacturing process for any steel or iron products (including 
protective coatings) that are permanently incorporated in a Federal-aid 
construction project. The regulation also provides for a waiver of the 
Buy America requirements when the application would be inconsistent 
with the public interest or when satisfactory quality domestic steel 
and iron products are not sufficiently available.
    This notice provides information regarding the FHWA's 
implementation of an informal Buy America waiver notification and 
comment process as required by Public Law 110-161, the ``Consolidated 
Appropriations Act, 2008.'' Division K, Section 130 of this law states:

    Not less than 15 days prior to waiving, under her statutory 
authority, any Buy America requirement for Federal-aid highway 
projects, the Secretary of Transportation shall make an informal 
public notice and comment opportunity on the intent to issue such 
waiver and the reasons therefore: Provided, That the Secretary shall 
provide an annual report to the Appropriations Committees of the 
Congress on any waivers granted under the Buy America requirements.

    The FHWA has established an internet Web page (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm) to provide 
notification and the opportunity for public comment for every Buy 
America waiver. Interested parties are encouraged to subscribe to this 
notification system to receive notifications regarding current waiver 
requests. The FHWA will review and consider all comments received 
during the comment period before issuing a final decision on any waiver 
request.

    Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410.

    Issued on: April 4, 2008.
James D. Ray,
Acting Federal Highway Administrator.
 [FR Doc. E8-7664 Filed 4-10-08; 8:45 am]
BILLING CODE 4910-22-P