[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Notices]
[Page 26270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12637]


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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 the use of a foreign 
Three-Ton Chain Hoist in the Federal-aid construction project for the 
Hood Canal Bridge BR-0104 (25) retrofit and replacement in Washington.

DATES: The effective date of the waiver is June 2, 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 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 the Three-Ton 
Chain Hoist for the Hood Canal Bridge retrofit and replacement in 
Washington.
    In accordance with Division I, section 126 of the ``Omnibus 
Appropriations Act, 2009'' (Pub. L. 111-8), the FHWA published a notice 
of intent to issue a waiver on its Web site for the Three-Ton Chain 
Hoist (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=32) on April 16. The FHWA received no comments in 
response to this notice, which suggested that the Three-Ton Chain Hoist 
may not be available domestically. During the 15-day comment period, 
the FHWA conducted an additional nationwide review to locate potential 
domestic manufacturers for the Three-Ton Chain Hoist. Based on all the 
information available to the agency, the FHWA concludes that there are 
no domestic manufacturers for the Three-Ton Chain Hoist. Thus, 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 Washington waiver page noted above.


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

     Issued on: May 15, 2009.
King W. Gee,
Associate Administrator for Infrastructure.
[FR Doc. E9-12637 Filed 5-29-09; 8:45 am]
BILLING CODE 4910-22-P