[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Page 37875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15846]


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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 use of non-domestic 22 mm 
Industrial dock steel chain, 400 ft, in construction of Federal-aid 
project  BH-7826 (210) in Maine and the use of non-domestic 
U69 guard bars in construction of American Recovery and Reinvestment 
Act (Pub. L. 111-5) (Recovery Act) project  RR-1654 in 
Portland, Oregon.

DATES: The effective date of the waiver is July 1, 2010.

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 use of non-
domestic 22 mm Industrial dock steel chain, 400 ft, in Maine, and U69 
guard bars in Oregon.
    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 non-domestic 22mm Industrial deck 
fender chain, 400 ft. (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=40) on November 5. The FHWA received no comments in 
response to this notice which suggested that the 22 mm Industrial dock 
fender chain, 400 ft is available domestically. On November 13, FHWA 
published a notice of intent to issue a waiver for non-domestic 
turnouts (Manganese turnout castings, U69 guard bars, LV braces), and 
Weld kits (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=41). The FHWA received four comments which confirmed 
domestic availability of Manganese castings, LV braces, and Weld kits. 
During the 15-day comment periods, the FHWA conducted additional 
nationwide review to locate potential domestic manufacturers for the 22 
mm Industrial dock fender steel chain, 400 ft, and U69 guard bars. 
Based on all the information available to the agency, the FHWA 
concludes that there are no domestic manufacturers for the 22 mm 
Industrial dock fender steel chain and U69 guard bars. Thus, the FHWA 
concludes that a Buy America waiver is appropriate for 22 mm Industrial 
dock fender steel chain and U69 guard bars, but not appropriate for 
Manganese turnout castings, LV braces, and Weld kits 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 for the 22 mm Industrial dock 
fender steel chain and U69 guard bars. 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 sites via 
the links provided to the Oregon and Maine waiver pages noted above.

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

    Issued on: June 23, 2010.
Victor M. Mendez,
Administrator.
[FR Doc. 2010-15846 Filed 6-29-10; 8:45 am]
BILLING CODE 4910-22-P