Buy America Waiver Notification

Gregory G. Nadeau
Federal Highway Administration
February 13, 2015

[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Notices]
[Pages 8130-8131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03029]


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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 4 
in. and 12 in. trunnion mounted steel ball valves with maximum 
allowable operating pressure of 60 psi as part of natural gas 
distribution facility involved in replacement of Kosciuszko Bridge over 
Newton Creek in New York City, NY.

DATES: The effective date of the waiver is February 17, 2015.

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 Publishing 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

[[Page 8131]]

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 in the 
procurement of non-domestic 4 in. and 12 in. trunnion mounted steel 
ball valves as part of natural gas distribution facility involved with 
the replacement of the Kosciuszko Bridge over Newton Creek in New York 
City.
    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 
non-domestic 4 in. and 12 in. trunnion mounted steel ball valves 
(http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=102) on 
December 1, 2014. 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 4 in. and 12 in. trunnion mounted steel ball valves for the project. 
Based on all the information available to the agency, the FHWA 
concludes that there are no domestic manufacturers of the 4 in. and 12 
in. trunnion mounted steel ball valves that meet the project 
specifications.
    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 York waiver page noted above.

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

    Dated: February 6, 2015.
Gregory G. Nadeau,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2015-03029 Filed 2-12-15; 8:45 am]
BILLING CODE 4910-22-P