[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Page 72026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29971]
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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 an automated battery
switching mechanism for an electric battery switching station in the
State of California.
DATES: The effective date of the waiver is November 21, 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 email at
gerald.yakowenko@dot.gov. For legal questions, please contact Mr.
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or
via email at michael.harkins@dot.gov. 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 a non-domestic automated battery switching mechanism
for an electric battery switching station in California.
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 an automated
battery switching mechanism for an electric battery switching station
in California (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=58) on May 31st. The FHWA received one comment in
response to the publication, which opposed the granting of Buy America
waivers in general, but did not identify any domestic source for this
product. During the 15-day comment period, the FHWA conducted
additional nationwide review to locate potential domestic manufacturers
for an automated battery switching mechanism for an electric battery
switching station in California. Based on all the information available
to the agency, the FHWA concludes that there are no domestic
manufacturers of an automated battery switching mechanism for an
electric battery switching station.
In accordance with the provisions of section 117 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy of
Users 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 automated batter switching
mechanism waiver page noted above.
Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410.
Issued on: November 10, 2011.
Victor M. Mendez,
Administrator.
[FR Doc. 2011-29971 Filed 11-18-11; 8:45 am]
BILLING CODE 4910-22-P