[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Notices]
[Pages 62388-62389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28442]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Waivers To Buy American Under the American Reinvestment 
and Recovery Act for Grants-in-Aid for Airports

AGENCY: Federal Aviation Administration (FAA), U.S. DOT.

ACTION: Notice of waiver to Buy American preferences for grants-in-aid 
grant projects.

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SUMMARY: The American Recovery and Reinvestment Act of 2009 (ARRA) 
requires publication of the waivers that have been issued under ARRA. 
This notice provides information on the waivers that have been issued 
for Federal Aviation Administration grants-in-aid projects.

DATES: Effective Date: November 18, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Frank SanMartin, Manager, Airports 
Financial Assistance, APP 500, Room 620, FAA, 800 Independence Avenue, 
SW., Washington, DC 20591, Telephone (202) 267-3831.

SUPPLEMENTARY INFORMATION: Section 1605 of the American Reinvestment 
and Recovery Act requires that agencies meet Buy American requirements 
for the use of American iron, steel, and manufactured goods. It further 
requires that agencies publish a Federal Register notice giving a 
detailed written justification explaining any waivers that are given to 
the Buy American requirements of the Act.
    Title XII of the Act provides $1,100,000,000 to make grants for 
airports. The Act requires that the grants issued by the Federal 
Aviation Administration follow the guidelines and requirements of 
subchapter 1 of chapter 471 and subchapter 1 of chapter 475 of title 
49, United States Code (U.S.C.). These subchapters require following 49 
U.S.C. 50101, the Buy American Preferences section that is used for 
airport grants-in-aid projects.
    Under 49 U.S.C. 50101(b)(3), the Secretary may waive the Buy 
American preference requirement if the Secretary finds that facility or 
equipment is composed of more than 60 percent components and 
subcomponents that are produced in the United States (U.S.) and that 
final assembly of the facility or equipment has occurred in the U.S. To 
meet Buy American requirements, airports using grant funding must seek 
a waiver from FAA to use any product that is not made up of 100 percent 
U.S. components or subcomponents. However it is well known that many of 
the U.S. products used on airport grant projects contain some small 
percentage of non-U.S. goods. In order to help airports comply with Buy 
American, FAA has reviewed many of the most-commonly used airport 
products and determined whether the products are eligible to receive a 
waiver under 49 U.S.C. 50101(b)(3). Products that do meet the waiver 
criteria are granted a ``Nationwide Waiver.'' This ``Nationwide 
Waiver'' allows the product to be used on airport projects without 
having to receive separate project waivers. Having a nationwide waiver 
allows construction to start quickly without having to wait for the Buy 
American analysis to be completed for every project, while still 
assuring the funds used for airport projects under the Act are being 
directed to U.S. manufacturers.
    Because of the ``Nationwide Waiver,'' only a handful of the over 
300 airport projects under the Act have needed a waiver to Buy 
American. In nearly every case, the waivers were granted for products 
that were later granted nationwide waivers. Waivers were required 
simply because the Nationwide Buy American compliance review had not 
been completed. The remaining waivers are for items for which a 
nationwide waiver has not been issued.
    The items that have been granted a ``Nationwide Waiver'' can be 
found on the FAA Web site at: http://www.faa.gov/airports/aip/procurement/federal_contract_provisions/ at the tab entitled, 
Equipment Meeting Buy American Requirements.
    Project waivers issued under ARRA, including those for which 
nationwide waivers have since been issued are as follows:

[[Page 62389]]



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                                                        Final assembly
             Airport                    Product            location
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Tuscaloosa Regional Airport,      Palladin Light      Dexter, Michigan.
 Tuscaloosa, Alabama.              Construction
                                   Group Lighted
                                   Closure ``X''.
St. Petersburg-Clearwater         Various Products    Clearwater,
 International Airport,            in Terminal         Florida.
 Clearwater, Florida.              Building
                                   Construction.
Mid-Continent Airport, Wichita,   Oshkosh             Oshkosh,
 Kansas.                           Corporation         Wisconsin.
                                   Airport Rescue
                                   and Firefighting
                                   Vehicle.
White Sulphur Springs Airport,    Sherwin Williams    Victorville,
 White Sulphur Springs, Montana;   Pavement Marking    California and
 Billings Logan International      Glass Beads.        Canby, Oregon.
 Airport, Billings, Montana.
Helena Regional Airport, Helena,  Liberty Airport     Lancaster, New
 Montana; Bowman Field Airport,    Systems Regulator.  York.
 Anaconda, Montana.
Helena Regional Airport, Helena,  Airport Lighting    Manilus, New York.
 Montana; Bowman Field Airport,    Company Edge
 Anaconda, Montana.                Light.
Helena Regional Airport, Helena,  Ridgeline Pipe      Eugene, Oregon.
 Montana; Bowman Field Airport,    Manufacturing PVC
 Anaconda, Montana.                Conduit.
Mitchell Municipal Airport,       Crouse Hinds        Mitchell Municipal
 Mitchell, South Dakota.           Lighting            Airport,
                                   Equipment.          Mitchell, SD.
Muskegon County Airport,          Rosenbauer Airport  Wyoming,
 Muskegon, Michigan.               Rescue and          Minnesota.
                                   Firefighting
                                   Vehicle.
Dayton International Airport,     Olson Industries    Atkinson,
 Dayton, Ohio.                     Light Base.         Nebraska.
Bowman Field Airport, Anaconda,   Airfield Signs....  AGM, Inc, Manlius,
 Montana.                                              New York.
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    Authority: Public Law 111-5, Section 1605.

    Issued in Washington, DC, November 18, 2009.
Frank San Martin,
Manager, Airports Financial Assistance Branch.
[FR Doc. E9-28442 Filed 11-25-09; 8:45 am]
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