[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4500-4501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1516]


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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 Buy America waivers are appropriate for certain steel products 
used in Federal-aid construction projects in New Jersey, NY, 
Massachusetts, and Florida.

DATES: The effective date of the waivers is January 27, 2009.

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 findings that Buy America waivers are 
appropriate for four 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 four notices of intent to issue Buy America waivers: (1) A 
waiver for Steel API 5L, Grade X52 PSL2 wall tubing in New Jersey 
http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=25 on 
December 1, 2008 6, 2008; (2) a waiver for drive machinery and brakes 
in New York http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=24 on December 1, 2008; (3) a waiver for four forged 
steel sheave hubs in Massachusetts on December 12, 2008; and (4) a 
waiver for machinery and motor brakes in Florida http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=27 on December 
9, 2008.

[[Page 4501]]

    The FHWA received no comments in response to the Steel API 5L, 
Grade X52 PSL2 wall tubing in New Jersey and the drive machinery brakes 
in New York, which suggested that the Steel API 5L Grade X52 PSL2 wall 
tubing and machinery brakes may not be available domestically. The FHWA 
received one comment in response to four forged steel sheave hubs in 
Massachusetts, and machinery and motor brakes in Florida, respectively. 
The comment for the four forged steel sheave hubs in Massachusetts 
recommends that the certification should be reviewed prior to material 
purchase. Massachusetts Highway Department indicated that it has a 
material certification procedure for their highway construction 
program. The comment for the machinery and motor brakes in Florida 
suggested that the design needs be reconsidered to make it more 
attractive to domestic sources. The Florida DOT stated that alteration 
in the design of the motor brakes is not feasible and that the current 
design is in compliance with the capacity of the bridge. Further 
investigation and inquiry revealed that the products are not available 
domestically.
    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 Steel API 5L, Grade X52 PSL2 wall tubing, drive 
machinery and brakes, machinery and motor brakes, and four forged steel 
sheave hubs.
    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 New Jersey, New York, Massachusetts and Florida waiver pages noted 
above.

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

    Issued on: January 15, 2009.
Thomas J. Madison, Jr.,
Federal Highway Administrator.
[FR Doc. E9-1516 Filed 1-23-09; 8:45 am]
BILLING CODE 4910-22-P