Buy America Waiver Notification

Victor M. Mendez
Federal Highway Administration
February 25, 2013

[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Page 12809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04244]


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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 
iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary 
back up drive clutch, (3) Main span and backup span motor, and (4) 
Brakes for the Memorial Bridge project in the State of New Hampshire.

DATES: The effective date of the waiver is February 26, 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 some non-domestic iron and steel products in (1) 
Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main 
span and backup span motor, and (4) Brakes for a the Memorial Bridge 
project in the State of New Hampshire. The Memorial Bridge project will 
build a new crossing to replace the existing structurally deficient 
bridge carrying US-1 over the Piscataqua River between Portsmouth, NH, 
and Kittery, ME. The project is scheduled to reopen to traffic on July 
6, 2013.
    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 iron and steel products in (1) Auxiliary two speed motor, (2) 
Auxiliary back up drive clutch, (3) Main span and backup span motor, 
and (4) Brakes in the State of New Hampshire (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=81) on October 4th. The FHWA 
received no comment in response to the publication. During the 15-day 
comment period, the FHWA conducted additional nationwide review to 
locate potential domestic manufacturers of the iron and steel products 
in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, 
(3) Main span and backup span motor, and (4) Brakes. Based on all the 
information available to the agency, the FHWA concludes that there are 
no manufacturers of the iron and steel products in (1) Auxiliary two 
speed motor, (2) Auxiliary back up drive clutch, (3) Main span and 
backup span motor, and (4) Brakes that produce the products in 
compliance with the FHWA's Buy America requirements.
    Therefore, 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 the New Hampshire waiver page noted 
above.

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

    Issued on: February 13, 2013.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2013-04244 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-22-P