[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Notices]
[Pages 6170-6171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2663]


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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 
Motor and Machinery brakes; maximum torque (20,288 ft-lb), Setting 
(17,000 ft-lb), Brake capacity (17,700 lb) and minimum brake wheel 
(13'') for rehabilitation of the Congress Parkway Bascule Bridge over 
the South Branch of the Chicago River in the State of Illinois.

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 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 Motor and Machinery brakes; maximum 
torque (20,288 ft-lb), Setting (17,000 ft-lb), Brake capacity (17,700 
lb) and minimum brake wheel (13'') in the State of Illinois.
    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 Motor and 
Machinery brakes; maximum torque (20,288 ft-lb), Setting (17,000 ft-
lb), Brake capacity (17,700 lb) and minimum brake wheel (13'') in the 
State of Illinois (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=61) on August 11th, 2011. The FHWA received no comments 
in response to the publication. During the 15-day comment period, the 
FHWA conducted additional nationwide review to locate potential 
domestic manufacturers of Motor and Machinery brakes; maximum torque 
(20,288 ft-lb), Setting (17,000 ft-lb), Brake capacity (17,700 lb) and 
minimum brake wheel (13'') in the State of Illinois. Based on all the 
information available to the agency, the FHWA concludes that there are 
no domestic manufacturers of Motor and Machinery brakes; maximum torque 
(20,288 ft-lb), Setting (17,000 ft-lb), Brake capacity (17,700 lb) and 
minimum brake wheel (13'').

[[Page 6171]]

    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 Illinois 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. 2012-2663 Filed 2-6-12; 8:45 am]
BILLING CODE 4910-22-P