[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Notices]
[Page 50065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19638]


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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 stainless steel clad 
reinforcing bars used in certain Federal-aid construction projects in 
Virginia.

DATES: The effective date of the waiver is August 26, 2008.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Gerald Yakowenko, FHWA Office of Program Administration, 
(202) 366-1562, [email protected]. For legal questions, please 
contact Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-
4928, [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 stainless steel clad reinforcing bars used for certain 
Federal-aid projects administered by the Virginia Department of 
Transportation.
    In accordance with the 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 for 
stainless steel clad reinforcing bars for selected Federal-aid projects 
in Virginia (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=13) on June 22, 2008. The FHWA evaluated several 
comments that were received in response to the notice. Several 
commenters suggested that solid stainless rebar should be used and that 
stainless clad rebar may be more expensive than solid stainless rebar. 
Other commenters disagreed with this position. The Virginia Department 
of Transportation's waiver request is to evaluate the stainless clad 
reinforcing bars along with two other types of corrosion resistant 
reinforcing steels (ASTM1035 and solid stainless) under an experimental 
project. The FHWA agrees with the Virginia Department of Transportation 
that it is in the public interest to waive the Buy America requirements 
for this experimental project; therefore, the FHWA concludes that 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 effective date of 
the finding. Comments may be submitted to the FHWA's Web site via the 
link to the Virginia waiver page noted above.

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


     Issued on: August 14, 2008.
 James D. Ray,
Acting Federal Highway Administrator.
[FR Doc. E8-19638 Filed 8-22-08; 8:45 am]
BILLING CODE 4910-22-P