[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Page 72026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29971]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

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 
[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 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