Buy America Waiver Notification

Victor M. Mendez
Federal Highway Administration
December 15, 2010

[Federal Register: December 15, 2010 (Volume 75, Number 240)]
[Notices]               
[Page 78339-78340]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de10-134]                         

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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 is to rescind the FHWA's Buy America waiver for 
the use of non-domestic steel pipe; A53 Grade B, 26'' OD, 0.375'' wall 
for the construction of a Recovery Act project on SR 60, Section A40, 
in Allegheny County, Pennsylvania.

DATES: The effective date of the rescission is December 16, 2010.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, or via e-mail at 
gerald.yakowenko@dot.gov. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or 
via e-mail at michael.harkins@dot.gov. Office hours for the FHWA are 
from 8:00 a.m. to 4:30 p.m., est., 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 the 
application of 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 is to rescind the Buy America waiver that was processed and 
published in the Federal Register on October 19, 2010, at 75 FR 64394, 
for the use of non-domestic steel pipe; A53 Grade B, 26'' OD, 0.375'' 
wall for a portion of sign support structure no. S-28760 proposed for 
Recovery Act project on SR 60 in Alleghany County, PA.
    During the notice and comment period leading up to the publication 
of the October 19 notice, the Pennsylvania Department of Transportation 
(PennDOT) considered the use of steel pipe API 5L, Grade B, PSL 2 as an 
alternate equivalent product to steel pipe A53 Grade B, 26'' OD, 
0.375'' wall. However, it appeared that the steel slab to be used in 
the production of the pipe was not available domestically. During the 
15-day comment period following the publication of the October 19 
notice, the FHWA received a comment that steel pipe API 5L, including 
the steel slab to be used in production, could be produced 
domestically. After verifying that PennDOT is willing to approve the 
use of API 5L, Grade B, PSL 2 as an alternate to steel pipe A53 Grade 
B, 26'' OD, 0.375'' wall and verifying that API 5L, Grade B, PSL 2 can 
be produced domestically, the FHWA has determined that a Buy America 
waiver for steel pipe A53 Grade B, 26'' OD, 0.375'' wall is no longer 
necessary. Therefore, the Buy America waiver issued on October 19 in 
the Federal Register (75 FR 64394) for steel pipe

[[Page 78340]]

A53 Grade B, 26'' OD, 0.375'' wall is rescinded.
    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 
Pennsylvania waiver page noted above http://www.fhwa.dot.gov/
construction/contracts/waivers.cfm?id=51.

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

    Issued on: December 7, 2010.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2010-31421 Filed 12-14-10; 8:45 am]
BILLING CODE 4910-22-P