[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Notices]
[Pages 16912-16913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8334]


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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 stainless steel clad 
reinforcing bars used for experimental purposes in a Federal-aid Bridge 
construction project; SR2 Kirkwood Highway over Pike Creek in Delaware.

DATES: The effective date of the waiver is April 14, 2009.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, or via e-mail at 
[email protected]. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief

[[Page 16913]]

Counsel, (202) 366-4928, or via e-mail at [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 of such 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 stainless steel 
clad reinforcing bars used for experimental purposes in a Federal-aid 
Bridge construction project administered by the Delaware Department of 
Transportation (DelDOT).
    In accordance with Division K, section 130 of the ``Consolidated 
Appropriations Act, 2008'' (Pub. L. 110-161), the FHWA published a 
notice of intent to issue a waiver on its Web site for experimental use 
of stainless steel clad reinforcing bars for a Federal-aid Bridge 
project in Delaware (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=29) on February 19. The FHWA evaluated several comments 
received in response to the notice. Some commenters 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 and stated that additional experimental 
review is not required. The Delaware DOT's waiver request is to 
evaluate the stainless clad reinforcing bars, which have not previously 
been used in the State, along with two other types of corrosion 
resistant reinforcing steels under an experimental project. The use of 
this product in DelDOT's bridge project will enable the State to 
conduct its own evaluation of this product. Thus, the FHWA agrees with 
the Delaware DOT that it is in the public interest to waive the Buy 
America requirements for this experimental project; therefore, the FHWA 
concludes that 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 
link provided to the Delaware waiver page noted above.

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

     Issued on April 7, 2009.
King W. Gee,
Associate Administrator for Infrastructure, Federal Highway 
Administration.
 [FR Doc. E9-8334 Filed 4-10-09; 8:45 am]
BILLING CODE 4910-22-P