Buy America Waiver Notification

Victor M. Mendez
Federal Highway Administration
December 5, 2012

[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Pages 72432-72433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29328]


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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 
Amacan K800--400/358XG-S submersible pumps (4 each), and Amacan K800--
401/506XG-S submersible pumps (2 each) for rehabilitation of two pump 
stations in the State of Michigan.

[[Page 72433]]


DATES: The effective date of the waiver is December 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 Amacan K800--400/358XG-S submersible 
pumps (4 each), and Amacan K800--401/506XG-S submersible pumps (2 each) 
for rehabilitation of two pump stations in the State of Michigan.
    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 Amacan K800--400/358XG-S submersible pumps (4 each), 
and Amacan K800--401/506XG-S submersible pumps (2 each) (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=75) on May 16th. 
The FHWA received five comments in response to the publication. One 
commenter supports the waiver if there is no American made pump. Miami 
Pump and Supply Company requested that the Michigan DOT (MDOT) should 
contact them for specifications of the pump. The MDOT contacted Miami 
Pump and Supply and provided specifications for the pumps. Miami Pump 
and Supply determined that they were unable to meet the pump 
specifications. Three other commenters indicated that the 
specifications for the pumps should be changed to accommodate American 
made pumps. However, MDOT is unable to utilize other types of pumps due 
to the unique circumstances involved with this project.
    During the 15-day comment period, the FHWA conducted additional 
nationwide review to locate potential domestic manufacturers of Amacan 
K800--400/358XG-S submersible pumps (4 each), and Amacan K800--401/
506XG-S submersible pumps (2 each) for rehabilitation of two pump 
stations in the State of Michigan. The National Institute of Standards 
and Technology--Manufacturing Extension Partnership also conducted 
supplier scouting on submersible pumps and reported that there were no 
domestic matching items for the pumps. Based on all the information 
available to the agency, the FHWA concludes that there are no domestic 
manufacturers of Amacan K800--400/358XG-S submersible pumps (4 each), 
and Amacan K800--401/506XG-S submersible pumps (2 each).
    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 Michigan waiver page noted above.


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

     Issued on: November 28, 2012.
Victor M. Mendez,
Administrator.
[FR Doc. 2012-29328 Filed 12-4-12; 8:45 am]
BILLING CODE 4910-22-P