[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38593-38594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16088]


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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 use of non domestic 
Gear-Motor Assembly with Horsepower 7.5, Output RPM 15, Torque 33011 
in-lb, Voltage 220/460 and brakes torque 55.3 in-lb for rehabilitation 
of Federal-aid project FPID 415386-2-38-01; West Columbus Drive Bridge 
project in Tampa, Florida.

DATES: The effective date of the waiver is July 6, 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., est., 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 to use non domestic Gear-Motor Assembly with Horsepower 
7.5, Output RPM 15, Torque 33011 in-lb, Voltage 220/460 and brakes 
torque 55.3 in-lb. The use of the Gear-Motor assembly is for 
replacement of original machinery that meets Federal design code, 
AASHTO LRFD for Movable Highway Bridge Design Specifications for 
bascule bridges.
    In accordance with Division A, section 123 of the ``Consolidated 
Appropriations Act, 2010'' (Pub. L. 111-117), the FHWA published a 
notice of intent to issue a waiver on its Web site for Gear-Motor 
assembly (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=48) on May 5, 2010. The FHWA received no comments in 
response to the publication, which suggests that the Gear-Motor 
assembly may not be available domestically. During the 15-day comment 
period, the FHWA conducted additional nationwide review to locate 
potential domestic manufacturers for Gear-Motor assembly with 
Horsepower 7.5, Output RPM 15, Torque 33011 in-lb, Voltage 220/460 and 
brakes torque 55.3 in-lb. Based on all the information available to the 
agency, the FHWA concludes that there are no domestic manufacturers for 
Gear-Motor assembly; with Horsepower 7.5, Output RPM 15, Torque 33011 
in-lb, Voltage 220/460 and brakes torque 55.3 in-lb.
    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

[[Page 38594]]

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 Florida waiver page 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. 2010-16088 Filed 7-1-10; 8:45 am]
BILLING CODE 4910-22-P