[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Page 61188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24529]


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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 bridge construction projects in North Carolina.

DATES: The effective date of the waiver is October 16, 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 application of the requirements 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 specialty machinery and motor brakes 
used on certain bridge projects in North Carolina.
    In accordance with section 130 of Division K of the ``Consolidated 
Appropriations Act, 2008'' (Pub. L. 110-161), on August 21, 2008, the 
FHWA published on its Web site a notice of intent to issue a waiver for 
machinery and motor brakes (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=19). The FHWA received one comment which 
supported the waiver if it is not for multiple applications. During the 
15-day comment period, the FHWA conducted an additional nationwide 
review to locate potential domestic manufacturers of machinery and 
motor brakes. Based on all the information available to the Agency, 
including the response received to the notice 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 North Carolina waiver pages noted 
above.

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

    Issued on: October 6, 2008.
Thomas J. Madison, Jr.,
Federal Highway Administrator.
[FR Doc. E8-24529 Filed 10-14-08; 8:45 am]
BILLING CODE 4910-22-P