[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Pages 38679-38680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18607]


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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 not appropriate for the use of foreign 
hollow structural section (hollow structural section round A500, Grade 
C, 10.75 x 0.625 steel pipe) and one-inch diameter stainless steel 
anchor bolts (1 inch diameter stainless steel, F 593,

[[Page 38680]]

Group 6, anchor bolts) for construction of projects by Contra Costa 
County Public Works, CA, and Vermont Agency of Transportation, 
respectively. Domestic sources of these materials were identified 
through FHWA's public notice process.

DATES: Since the Buy America waiver is not granted, there is no 
effective date for the waiver.

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 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 Buy America waivers are 
not appropriate for the use of: (1) The hollow structural section for 
construction of Iron Horse Trail Pedestrian Overcrossing Project by 
Contra Costa County Public Works in California, and (2) one-inch 
diameter stainless steel anchor bolts for the construction of East 
Montpelier Bridge project BRF 028-3(36) by the Vermont Agency 
of Transportation.
    In accordance with Division K, section 130 of the ``Consolidated 
Appropriations Act, 2008'' (Pub. L. 110-161), the FHWA published the 
notices of intent to issue the waivers on its Web site for: (1) The 
hollow structural section (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=34) on June 10, and (2) the one-inch diameter 
stainless steel anchor bolts (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=35) on June 15.
    The FHWA received a comment from Independence Tube Corporation 
which claimed to have the capacity to manufacture the hollow structural 
section domestically. Further inquiries confirmed that the hollow 
structural section can be manufactured domestically. The FHWA received 
three comments indicating that the one-inch diameter stainless steel 
anchor bolts are available domestically. The Contra Costa County Public 
Works and Vermont Agency of Transportation have verified that the 
hollow structural section and the one-inch diameter stainless steel 
anchor bolts are available domestically; therefore, FHWA concludes that 
the materials are available domestically and that Buy America waivers 
are not appropriate for the hollow structural section and the one-inch 
diameter stainless steel anchor bolts.
    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 not appropriate for these projects. 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 provided to the California and 
Vermont waiver pages noted above.

    Authority:  23 U.S.C. 313; Public Law 110-161, 23 CFR 635.410.

     Issued on: July 29, 2009.
King W. Gee,
Associate Administrator for Infrastructure.
[FR Doc. E9-18607 Filed 8-3-09; 8:45 am]
BILLING CODE 4910-22-P