[Federal Register Volume 73, Number 223 (Tuesday, November 18, 2008)]
[Notices]
[Pages 68493-68494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27284]
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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 certain steel products
used in Federal-aid construction projects in Oregon and the City of San
Diego, CA.
DATES: The effective date of the waiver is November 19, 2008.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Mr. Gerald Yakowenko, FHWA Office of Program
Administration, (202) 366-1562, gerald.yakowenko@dot.gov. For legal
questions, please contact Mr. Michael Harkins, FHWA Office of the Chief
Counsel, (202) 366-4928, michael.harkins@dot.gov. Office hours for the
FHWA are from 7:45 a.m. to 4:15 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 for two specific cases.
In accordance with section 130 of Division K of the ``Consolidated
Appropriations Act, 2008'' (Pub. L. 110-161), the FHWA published on its
Web site two notices of intent to issue Buy America waivers: (1) A
waiver for two custom built motor control centers and stainless steel
products for the Siuslaw River moveable bridge project in Oregon http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=21 on September
23rd; and (2) a waiver for bridge suspender cable, spider fittings,
wire mesh, and grade 2205 plate (for experimental research) in the City
of San Diego, CA, http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=20 on September 30th. The FHWA received no comments in
response to the two custom built motor control centers in Oregon which
suggested that the custom built motor control centers may not be
available domestically. Further investigation and inquiry revealed that
the product is not available domestically. The FHWA received two
comments in response to experimental use of stainless steel products
for pedestrian bridges in the City of San Diego, CA. The comments
suggested that there are companies capable of manufacturing the
products domestically. The City of San Diego contacted the companies
and verified that Insteel Industries, Inc., does not manufacture
stainless steel suspenders. The spider fittings are available
domestically, but the companies do not
[[Page 68494]]
produce compatible glassware, making it impossible to secure the
required 10-year performance warranty for the spider fitting/glassware
system. Salit Specialty Rebar does not produce the stainless steel wire
mesh for the decorative railings, and the Talley Metals Company does
not produce the grade 2205 stainless steel plate. During the 15-day
comment period, the FHWA conducted additional nationwide review to
locate potential domestic manufacturers for the products. Based on all
the information available to the agency, including the responses
received to the notices as well as the agency's nationwide review, the
FHWA concludes that there are no domestic manufacturers for the two
custom built motor control centers and stainless steel products or the
bridge suspender cable, spider fittings, wire mesh and grade 2205
plate.
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 pursuant to 23 CFR
635.410(c)(1). 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 links above to
the Oregon and the City of San Diego waiver pages noted above.
(Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410.)
Issued on: November, 10, 2008.
Thomas J. Madison. Jr.,
Federal Highway Administrator.
[FR Doc. E8-27284 Filed 11-17-08; 8:45 am]
BILLING CODE 4910-22-P