Buy America Waiver Notification

Victor M. Mendez
Federal Highway Administration
October 24, 2013

[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Page 63563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24974]


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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 0.5 in. x 0.008 
in. steel fibers with ultimate tensile strength of 290 ksi. in Ultra 
High Performance Concrete (UHPC) at the joints and closure pours 
between deck pours of a Federal-aid project; US-6 over D&RGW Railroad 
in Utah.

DATES: The effective date of the waiver is October 25, 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 UHPC 0.5 in. x 0.008 in. steel fibers with ultimate 
tensile strength 290 ksi. on Federal-aid project US-6 over D&RGW 
Railroad in Utah.
    In accordance with Division A, section 122 of the ``Consolidated 
and Further Continuing Appropriations Act, 2012'' (Pub. L. 112-284), 
the FHWA published a notice of intent to issue a waiver on its Web site 
for UHPC steel fibers for a project in Utah (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=90) on July 23rd. The FHWA 
received no comments in response to the publication. During the 15-day 
comment period, the FHWA conducted additional nationwide review to 
locate potential domestic manufacturers of UHPC 0.5 in. x 0.008 in. 
steel fibers with ultimate tensile strength of 290 ksi. Based on all 
the information available to the agency, the FHWA concludes that there 
are no domestic manufacturers of the UHPC steel fibers.
    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 for the use of non-domestic UHPC 
0.5 in. x 0.008 in. steel fibers with ultimate tensile strength of 290 
ksi. by the State of Utah. 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 waiver page noted above.

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

     Issued on: October 7, 2013.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2013-24974 Filed 10-23-13; 8:45 am]
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