[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Notices]
[Pages 6169-6170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2661]


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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 
8'-0'' high oxidized stainless steel cable net in New York City.

DATES: The effective date of the waiver is February 8, 2012.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, or via email at 
[email protected]. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or 
via email 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

[[Page 6170]]

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 8'-0'' high oxidized stainless steel 
cable net safety fence for rehabilitation of High Bridge in New York 
City.
    This special fence design is necessary to meet the unique project 
development requirements associated with the historic High Bridge which 
was designated an individual New York City landmark in 1970, and listed 
on the National Register of Historic Places in 1972. The fence design 
was reviewed and approved by the New York State Historic Preservation 
Office and the New York City Landmarks Preservation Commission. The New 
York City Department of Design and Construction (DDC) determined that 
there are only two domestic manufacturers/distributors of the cable 
mesh material and system appurtenances. The steel materials which 
comprise the mesh product will be manufactured domestically. The mesh 
cable will be certified domestic-melt stainless steel and will be 
further pulled into wire domestically; however, there are no domestic 
manufacturers capable of fabricating the cable mesh. The cable mesh 
assembly that includes spinning of wire into cable mesh, cutting of the 
cable, sliding of the ferrules onto the cables at regular intervals, 
and then precision pressing of the ferrules to hold the cables 
together, must be completed outside of the U.S.
    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 8'-0'' high 
oxidized stainless steel cable net in New York City (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=60) on July 25, 
2011. The FHWA received eleven comments in response to the publication. 
Seven commenters opposed the waiver request but did not provide 
information about domestic manufacturers. Three other commenters were 
in support of the waiver and suggested that if the materials are not 
available in sufficient quantities of satisfactory quality, the waiver 
should be supported. The New York City DDC responded to each comment 
received for this waiver request. During the 15-day comment period, the 
FHWA conducted additional nationwide review to locate potential 
domestic manufacturers for the 8'-0'' high oxidized stainless steel 
cable net. Based on all the information available to the agency, the 
FHWA concludes that there are no domestic manufacturers of 8'-0'' high 
oxidized stainless steel cable net.
    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 New York waiver page noted above.

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

     Issued on: January 27, 2012.
Victor M. Mendez,
Administrator.
[FR Doc. 2012-2661 Filed 2-6-12; 8:45 am]
BILLING CODE 4910-22-P