[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63816-63817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28952]


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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 
roof tiles made of 40/45 KSI 2, 24 gauge (0.0276) galvanized 
steel with Kynar PPG 5LR82411 on a Federal-aid/American Recovery and 
Reinvestment Act project no. X-STP-5900 (180) in Portland, Oregon.

DATES: The effective date of the waiver is December 7, 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

[[Page 63817]]

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 a Buy America waiver is 
appropriate for the purchase and use of roof tiles made of 40/45 KSI 
2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411 
in Oregon State.
    In accordance with Division K, section 130 of the Consolidated 
Appropriations Act, 2008 (Pub. L. 110-161), the FHWA published a notice 
of intent to issue a waiver on its web site for the roof tiles made of 
40/45 KSI 2, 24 gauge (0.0276) galvanized steel with Kynar PPG 
5LR82411 (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=39) on October 22. The FHWA received no comments in 
response to the roof tiles made of 40/45 KSI 2, 24 gauge 
(0.0276) galvanized steel with Kynar PPG 5LR82411, which suggests that 
the roof tiles made of 40/45 KSI 2, 24 gauge (0.0276) 
galvanized steel with Kynar PPG 5LR82411 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 roof tiles made of 40/45 KSI 2, 24 gauge (0.0276) 
galvanized steel with Kynar PPG 5LR82411. Based on all of the 
information available to the agency, the FHWA concludes that there are 
no domestic manufacturers for the roof tiles made of 40/45 KSI 
2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411. 
Thus, the FHWA concludes that a Buy America waiver is appropriate 
pursuant to 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 the Buy 
America requirements is appropriate. The FHWA invites public comment on 
this finding for an additional 15 days following the effective date of 
this notice. Comments may be submitted to the FHWA's web site via the 
link provided to the Oregon waiver page noted above.

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

    Issued on: November 27, 2009.
Dwight A. Horne,
Director, Office of Program Administration.
[FR Doc. E9-28952 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-22-P