[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Notices]
[Pages 42894-42895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16885]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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SUMMARY: This notice provides information regarding the FHWA's finding 
that a Buy America waiver is appropriate for certain steel products 
used in Federal-aid construction projects in Florida and Illinois.

DATES: The effective date of the waiver is July 24, 2008.

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 finding that a Buy America waiver is 
appropriate for two specific cases.
    In accordance with Division K, section 130, of the ``Consolidated 
Appropriations Act, 2008'' (Pub. L. 110-161), the FHWA published a 
notice of intent to issue a waiver on its Web site on May 28, 2008, for 
motor brakes and machinery brakes for a Federal-aid project in Florida 
(http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=11). In 
addition, the FHWA published a notice of intent to issue a waiver on 
its Web site on June 5, 2008, for guard bars, manganese castings, 
turnout braces, and weld kits associated with a Federal-aid railroad 
project in Illinois (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=12). No comments were received in response to either of 
these notices; therefore, the FHWA concludes that there are no domestic 
manufacturers for these products and a Buy America waiver is 
appropriate as provided by 23 CFR 635.410(c)(1).
    In accordance with the provisions of section 117 of the ``SAFETEA-
LU Technical Corrections Act of 2008'' (Pub. L. 110-244, 122 
Stat.1572), the FHWA is providing this notice as its finding that a 
waiver of Buy America requirements is appropriate. The FHWA invites 
public comment on this finding for an additional 15 days following the

[[Page 42895]]

effective date of the waiver. Comments may be submitted to the FHWA's 
Web site via the links above to the Florida and Illinois waiver pages 
noted above.

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

    Issued on: July 15, 2008.
James D. Ray,
Acting Administrator, Federal Highway Administration.
[FR Doc. E8-16885 Filed 7-22-08; 8:45 am]
BILLING CODE 4910-22-P