[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11400-11401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5752]


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

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 the span lock linear 
electric actuators used in rehabilitation of the Robert Moses causeway 
NB and SB structures in New York.

DATES: The effective date of the waiver is March 18, 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

[[Page 11401]]

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 a Buy America waiver is 
appropriate for a span lock linear electric actuator in the State of 
New York.
    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 Buy America waiver for the span 
lock linear electric actuator in New York http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=28 on February 4. The FHWA 
received one comment in response to the span lock linear electric 
actuator. The comment was ``Buy America needs to be maintained in every 
instance possible.'' During the 15-day comment period, the FHWA 
conducted an additional nationwide review to locate potential domestic 
manufacturers for the product. 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 the span lock linear electric actuator.
    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 the 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 link provided 
to the New York waiver page noted above.

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

    Issued on: March 9, 2009.
Jeffrey F. Paniati,
Acting Deputy Administrator, Federal Highway Administration.
[FR Doc. E9-5752 Filed 3-16-09; 8:45 am]
BILLING CODE 4910-22-P