[Federal Register Volume 73, Number 223 (Tuesday, November 18, 2008)]
[Notices]
[Pages 68493-68494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27284]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

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 Oregon and the City of San 
Diego, CA.

DATES: The effective date of the waiver is November 19, 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 two notices of intent to issue Buy America waivers: (1) A 
waiver for two custom built motor control centers and stainless steel 
products for the Siuslaw River moveable bridge project in Oregon http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=21 on September 
23rd; and (2) a waiver for bridge suspender cable, spider fittings, 
wire mesh, and grade 2205 plate (for experimental research) in the City 
of San Diego, CA, http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=20 on September 30th. The FHWA received no comments in 
response to the two custom built motor control centers in Oregon which 
suggested that the custom built motor control centers may not be 
available domestically. Further investigation and inquiry revealed that 
the product is not available domestically. The FHWA received two 
comments in response to experimental use of stainless steel products 
for pedestrian bridges in the City of San Diego, CA. The comments 
suggested that there are companies capable of manufacturing the 
products domestically. The City of San Diego contacted the companies 
and verified that Insteel Industries, Inc., does not manufacture 
stainless steel suspenders. The spider fittings are available 
domestically, but the companies do not

[[Page 68494]]

produce compatible glassware, making it impossible to secure the 
required 10-year performance warranty for the spider fitting/glassware 
system. Salit Specialty Rebar does not produce the stainless steel wire 
mesh for the decorative railings, and the Talley Metals Company does 
not produce the grade 2205 stainless steel plate. 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 the two 
custom built motor control centers and stainless steel products or the 
bridge suspender cable, spider fittings, wire mesh and grade 2205 
plate.
    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 pursuant to 23 CFR 
635.410(c)(1). 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 Oregon and the City of San Diego waiver pages noted above.

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

    Issued on: November, 10, 2008.
Thomas J. Madison. Jr.,
Federal Highway Administrator.
[FR Doc. E8-27284 Filed 11-17-08; 8:45 am]
BILLING CODE 4910-22-P