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 72433-72434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29326]


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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 
Main Submersible pumps (3 @ 3,000 gallons/minute), (1 Low Flow 
Submersible pump @ 1,000 gallons/minute), (1 Low Flow Sump Pump @ 20 
gallons/minute) for rehabilitation of a pump station in the State of 
Illinois.

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 Main Submersible pumps (3 @ 3,000 
gallons/minute), (1 Low Flow Submersible pump @ 1,000 gallons/minute), 
(1 Low Flow Sump Pump @ 20 gallons/minute) for rehabilitation of a pump 
station in the State of Illinois.
    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 Main Submersible pumps (3 @ 3,000 gallons/minute), (1 
Low Flow Submersible pump @ 1,000 gallons/minute), (1 Low Flow Sump 
Pump @ 20 gallons/minute) (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=74) on May 3rd. The FHWA received six comments

[[Page 72434]]

in response to the publication. Three commenters indicated that the 
waiver will only help other countries and, therefore, opposed the 
waiver. Three others are in support only when the product is not 
available domestically. None of the commenters provided information on 
possible domestic manufacturers. During the 15-day comment period, the 
FHWA conducted additional nationwide review to locate potential 
domestic manufacturers of Main Submersible pumps (3 @ 3,000 gallons/
minute), (1 Low Flow Submersible pump @ 1,000 gallons/minute), (1 Low 
Flow Sump Pump @ 20 gallons/minute). 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 Main Submersible pumps (3 @ 3,000 gallons/
minute), (1 Low Flow Submersible pump @ 1,000 gallons/minute), (1 Low 
Flow Sump Pump @ 20 gallons/minute).
    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 Illinois waiver page noted above.

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

    Issued on: November 26, 2012.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2012-29326 Filed 12-4-12; 8:45 am]
BILLING CODE 4910-22-P