Buy America Waiver Notification

Victor M. Mendez
Federal Highway Administration
October 31, 2012

[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65928-65929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26797]


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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 
Technologie Alpine De Securite (TAS) Gazex[supreg] Avalanche Exploder 
in the State of Utah and TAS O'Bell Avalanche Initiating Blaster for 
the State of Wyoming.

DATES: The effective date of the waiver is November 6, 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 
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 8:00 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 non-domestic TAS Gazex[supreg] Avalanche Exploder 
for the State of Utah and TAS O'Bell Avalanche Initiating Blaster for 
the State of Wyoming.
    In accordance with Title I, Division C, 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 TAS Gazex[supreg] Avalanche Exploder for the State of 
Utah (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=69) 
on March 6, and TAS O'Bell Avalanche Initiating Blaster for State of 
Wyoming. (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=71) on March 22. The FHWA received two comments in 
response to the Utah publication, and no comment in response to Wyoming 
publication. Both comments received in response to the Utah publication 
urged the use of domestic manufacturers, when possible, but did not 
provide any suggested manufacturers. During the 15-day comment periods, 
the FHWA conducted additional nationwide review to locate potential 
domestic manufacturers of TAS Gazex[supreg] Avalanche Exploder and TAS 
O'Bell Avalanche Initiating Blaster. The National Institute of 
Standards and Technology-Manufacturing Extension Partnership MEP also 
conducted supplier scouting on the Avalanche Initiating Blasters and 
reported that they could not find domestic matching items. Based on all 
the information available to the agency, the FHWA concludes that there 
are no domestic manufacturers of TAS Gazex[supreg] Avalanche Exploder 
for the State of Utah and TAS O'Bell Avalanche Initiating Blaster for 
the State of Wyoming.
    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

[[Page 65929]]

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 Utah and Wyoming waiver pages noted above.

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

    Issued on: October 25, 2012.
Victor M. Mendez,
Administrator.
[FR Doc. 2012-26797 Filed 10-30-12; 8:45 am]
BILLING CODE 4910-22-P