[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60582-60583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25004]


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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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[[Page 60583]]

SUMMARY: This notice provides information regarding the FHWA's finding 
that a Buy America waiver is appropriate for the use of non-domestic 1/
2'' x 0.008 steel fiber with ultimate tensile strength of 290ksi for 
experimental use in Ultra High Performance Concrete (UHPC) in the State 
of Iowa.

DATES: The effective date of the waiver is September 30, 2011.

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 8 a.m. to 4:30 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 to use non-domestic 1/2'' x 0.008 steel fiber with ultimate 
tensile strength of 290ksi for experimental use in UHPC in Iowa.
    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 1/2'' x 0.008 
steel fiber with ultimate tensile strength of 290ksi for experimental 
use in UHPC in Iowa (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=62) on August 23rd. The FHWA received seven comments in 
response to the publication. All seven commenters opposed the waiver 
request but did not provide information about domestic manufacturers. 
During the 15-day comment period, the FHWA conducted additional 
nationwide review to locate potential domestic manufacturers for 1/2'' 
x 0.008 steel fiber with ultimate tensile strength of 290ksi for 
experimental use in UHPC in Iowa. Based on all the information 
available to the agency, the FHWA concludes that there are no domestic 
manufacturers of 1/2'' x 0.008 steel fiber with ultimate tensile 
strength of 290ksi for experimental use in UHPC in Iowa.
    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 Iowa waiver page noted above.

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

    Issued on: September 20, 2011.
Victor M. Mendez,
Administrator.
[FR Doc. 2011-25004 Filed 9-28-11; 8:45 am]
BILLING CODE 4910-22-P