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]
-----------------------------------------------------------------------
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 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