[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Page 58295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23574]



[[Page 58295]]

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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 New York and Rhode Island.

DATES: The effective date of the waiver is October 7, 2008.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, [email protected]. For legal 
questions, please contact Mr. 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 two specific cases.
    In accordance with section 130 of Division K of the ``Consolidated 
Appropriations Act, 2008'' (Pub. L. 110-161), the FHWA published on its 
Web site a notice of intent to issue a waiver for Center Pivot Bearing 
Assembly in New York http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=14 on July 14, and stainless steel clad reinforcing bars 
(for experimental research) in Rhode Island http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=18 on August 12. The FHWA 
received a comment in response to Center Pivot Bearing Assembly which 
suggested that the Center Pivot Bearing may be available domestically. 
Further investigation and inquiry revealed that the product is not 
available domestically. Some comments received in response to stainless 
steel clad rebars 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 
Rhode Island DOT's waiver request is to evaluate the stainless clad 
reinforcing bars under an experimental project. During the 15-day 
comment period, the FHWA conducted additional nationwide review to 
locate potential domestic manufacturers for the products. Based on all 
the information available to the Agency including the responses 
received to the notices as well as the Agency's nationwide review, 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 effective date of 
the finding. Comments may be submitted to the FHWA's Web site via the 
links above to the New York and Rhode Island waiver pages noted above.

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

    Issued on: September 29, 2008.
Thomas J. Madison, Jr.
Federal Highway Administrator.
 [FR Doc. E8-23574 Filed 10-3-08; 8:45 am]
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