[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Notices]
[Pages 51363-51364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23662]


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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 purchase of foreign 
Mobile Harbor Cranes in the Federal-aid/American Recovery and 
Reinvestment Act of 2009 project for the Toledo Port Authority General 
Cargo Facility.

DATES: The effective date of the waiver is October 6, 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 acquisition of 
Mobile Harbor Cranes at the General Cargo Facility in Ohio. While 
funded by funds made available to the FHWA and subject to the Buy 
America requirements under 23 U.S.C. 313 and 23 CFR 635.410, the 
project is being administered by the Maritime Administration. The FHWA 
has coordinated this Buy America waiver for administrative convenience.
    In accordance with the 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 the Mobile Harbor Cranes (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=38) on August 
25, 2009. The FHWA received no comments in response to this notice 
which suggested that the Mobile Harbor Cranes may not be available 
domestically. During the 15-day comment period, the FHWA conducted 
additional nationwide review to locate potential domestic manufacturers 
for the Mobile Harbor Cranes. Based on all the information available to 
the agency, the FHWA concludes that there are no domestic manufacturers 
for the Mobile Harbor Cranes. 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 Ohio waiver page noted above.

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


[[Page 51364]]


    Issued on: September 23, 2009.
King Gee,
Associate Administrator for Infrastructure.
[FR Doc. E9-23662 Filed 10-5-09; 8:45 am]
BILLING CODE 4910-22-P