Buy America Waiver Notification |
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Gregory G. Nadeau
Federal Highway Administration
April 28, 2014
[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Page 23401]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09557]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (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 five non-
domestic Technologie Alpine De S[eacute]curit[eacute] (TAS)
Gazex[supreg] Avalanche Exploders on US 40 Berthoud Pass in the State
of Colorado.
DATES: The effective date of the waiver is April 29, 2014.
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. Jomar
Maldonado, FHWA Office of the Chief Counsel, (202) 366-1373, or via
email at jomar.maldonado@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 five non-domestic TAS Gazex[supreg] Avalanche
Exploders on US 40 Berthoud Pass in the State of Colorado.
In accordance with Title I, 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 five non-domestic TAS Gazex[supreg] Avalanche
Exploders (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=94) on February 12th. 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 the TAS Gazex[supreg] Avalanche Exploders.
Based on all the information available to the agency, the FHWA
concludes that there are no domestic manufacturers of the TAS
Gazex[supreg] Avalanche Exploders.
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 Colorado waiver page noted above.
Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410.
Issued on: April 15, 2014.
Gregory G. Nadeau,
Deputy Administrator, Federal Highway Administration.
[FR Doc. 2014-09557 Filed 4-25-14; 8:45 am]
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