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Buy America Waiver Notification


American Government

Buy America Waiver Notification

Victor M. Mendez
Federal Highway Administration
February 12, 2013 

[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Notices]
[Pages 9989-9990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03145]


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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 
35', 45', and 55' Pre-stressed Spun Concrete Transmission and 
Distribution Power Poles in the Territory of Guam for synchronization 
of the existing system. This waiver is a general standing waiver that 
is applicable to the Territory of Guam.

DATES: The effective date of the waiver is February 13, 2013.

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 35', 45', and 55' Pre-stressed Spun 
Concrete Transmission and Distribution Power Poles in Territory of 
Guam.
    In accordance with Division A, 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 
35', 45', and 55' Pre-stressed Spun Concrete Transmission and 
Distribution Power Poles in the Territory of Guam and April 4, 2012, 
(http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=72) and 
on and March 5, 2012, (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=66). The FHWA received three comments in response to the 
publication for the 35' poles. One commenter (Allen Ackland) supported 
the waiver by reference to a comment submitted in response to the 
publication regarding the 45' and 55' poles. Another commenter (Pratip 
Lahiri) stated that he did not see the actual request to review and 
therefore could not make a definite statement about the waiver. The 
third commenter (Robin Shishido) stated that the documentation is same 
with that of 45' and 55' pre-stressed spun concrete transmission and 
distribution power poles. Also, the FHWA received two

[[Page 9990]]

comments in response to the publication for the 45' and 55' poles. One 
commenter (Anthony Charfauros) supported the waiver while the other 
commenter (replica sunglasses outlet) did not submit a relevant 
comment. During the 15-day comment periods for these publications, the 
FHWA conducted additional nationwide review to locate potential 
domestic manufacturers of 35', 45', and 55' Pre-stressed Spun Concrete 
Transmission and Distribution Power Poles in the Territory of Guam. 
Based on all the information available to the agency, the FHWA 
concludes that there are no domestic manufacturers of 35', 45', and 55' 
Pre-stressed Spun Concrete Transmission and Distribution Power Poles 
and therefore the application of Buy America is waived for such 
products in the Territory of Guam.
    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 
links provided to Territory of Guam waiver pages noted above.

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

    Issued on: February 6, 2013,
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2013-03145 Filed 2-11-13; 8:45 am]
BILLING CODE 4910-22-P




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