[Federal Register Volume 74, Number 198 (Thursday, October 15, 2009)]
[Notices]
[Page 52997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24851]


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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 
butterfly valves for a Federal-aid/American Recovery and Reinvestment 
Act (ARRA) project for the City of Colorado Springs, Colorado.

DATES: The effective date of the waiver is October 16, 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 
butterfly valves for the Woodmen Road Corridor Improvement Project in 
the City of Colorado Springs, Colorado. Specifically, the City of 
Colorado Springs was not able to find a domestic supplier for a 42 inch 
Vanessa Zero Leakage 30,000 Series Butterfly Valve. This project is 
funded under the American Recovery and Reinvestment Act of 2009.
    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 for the butterfly valves (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=37) on August 
24, 2009. The FHWA received one comment in response to this notice 
which suggested that the butterfly valves may be available 
domestically. This comment was provided by Mr. Edward J. Schutz, 
Director of Sales with the Henry Pratt Company.
    Mr. Adam Baker with the City of Colorado Springs contacted Mr. 
Shutz with the Henry Pratt Company regarding the company's products and 
conformance with the City of Colorado Spring's design criteria. Both 
parties agreed that the company's products would not meet the project 
specifications. A copy of the City's September 16, 2009, letter to Mr. 
Schutz documenting this conversation and Mr. Schutz's confirmation is 
available upon request.
    During the 15-day comment period, the FHWA conducted an additional 
review to locate potential domestic manufacturers for the butterfly 
valves. Based on all the information available to the agency, the FHWA 
concludes that there are no domestic manufacturers for the specified 
butterfly valves. 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 City of Colorado Springs waiver page noted above.

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

    Issued on: October 8, 2009.
King Gee,
Associate Administrator for Infrastructure.
[FR Doc. E9-24851 Filed 10-14-09; 8:45 am]
BILLING CODE 4910-22-P