Buy America Waiver Notification

Gregory G. Nadeau
Federal Highway Administration
21 November 2016

[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83328-83329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27928]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice provides information regarding FHWA's finding that 
a Buy America waiver is appropriate for the use of non-domestic iron 
and steel components in four rolling elements of bearing units with 
17.3'' inner diameter and radial load capacity of 816,000 lb. each for 
I-5 trunnion shaft replacement project in the State of Oregon.

DATES: The effective date of the waiver is November 22, 2016.

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. 
William Winne, FHWA Office of the Chief Counsel, 202-366-1397, or via 
email at William.Winne@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: https://www.gpo.gov/fdsys/.

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 FHWA's finding that a Buy America waiver is 
appropriate for use of non-domestic iron and steel components in four 
rolling element bearing units with 17.3'' inner diameter and radial 
load capacity of 816,000 lb. each for I-5 trunnion shaft replacement 
project in the State of Oregon.
    In accordance with the Consolidated Appropriations Act of 2016 
(Pub. L. 114-113) and the Continuing Appropriations Act of 2017 (Pub. 
L. 114-223), FHWA published a notice of intent to issue a waiver on its 
Web site: http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=132 on August 8, 2016. The FHWA received a

[[Page 83329]]

few comments in response to the publication. Six commenters opposed the 
waiver for various reasons; granting the waiver will result in 
supporting jobs overseas, outsourcing domestic jobs, and loss of 
manufacturing jobs. None of the commenters provided information on 
domestic availability of the four rolling element bearing units with 
17.3'' inner diameter and radial load capacity of 816,000 lb. Based on 
all the information available to the agency, FHWA concludes that there 
are no domestic manufacturers of four rolling element bearing units 
with 17.3'' inner diameter and radial load capacity of 816,000 lb for 
I-5 trunnion shaft replacement project.
    The Oregon State DOT, contractors, and subcontractors involved in 
the procurement of bearing units, are reminded of the need to comply 
with the Cargo Preference Act in 46 CFR part 38, if applicable.
    In accordance with the provisions of section 117 of the SAFETEA-LU 
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), 
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 FHWA's Web site via the link 
provided to the waiver page noted above.

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

     Issued on: November 14, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-27928 Filed 11-18-16; 8:45 am]
 BILLING CODE 4910-22-P