[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Page 23401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09557]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (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 five non-
domestic Technologie Alpine De S[eacute]curit[eacute] (TAS) 
Gazex[supreg] Avalanche Exploders on US 40 Berthoud Pass in the State 
of Colorado.

DATES: The effective date of the waiver is April 29, 2014.

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. Jomar 
Maldonado, FHWA Office of the Chief Counsel, (202) 366-1373, or via 
email at [email protected]. Office hours for the FHWA are from 
8:00 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 five non-domestic TAS Gazex[supreg] Avalanche 
Exploders on US 40 Berthoud Pass in the State of Colorado.
    In accordance with Title I, Division A, section 122 of the 
``Consolidated and Further Continuing Appropriations Act, 2012'' (Pub. 
L. 112-55), the FHWA published a notice of intent to issue a waiver on 
its Web site for five non-domestic TAS Gazex[supreg] Avalanche 
Exploders (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=94) on February 12th. 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 the TAS Gazex[supreg] Avalanche Exploders.
    Based on all the information available to the agency, the FHWA 
concludes that there are no domestic manufacturers of the TAS 
Gazex[supreg] Avalanche Exploders.
    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 Colorado waiver page noted above.

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

     Issued on: April 15, 2014.
Gregory G. Nadeau,
Deputy Administrator, Federal Highway Administration.
[FR Doc. 2014-09557 Filed 4-25-14; 8:45 am]
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