Buy America Waiver Notification

Topics:  Federal Highway Administration

Victor M. Mendez
Federal Register
August 2, 2011

[Federal Register Volume 76, Number 148 (Tuesday, August 2, 2011)]
[Notices]
[Page 46354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19509]


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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 
RuggCom RS900G, RS900L, and RS930L network controllers for replacement 
of outdated network controllers on Recovery Act project; X-STP-
S000(497) in Oregon State.

DATES: The effective date of the waiver is August 3, 2011.

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 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 non-domestic RuggCom RS900G, RS900L, and RS930L 
network controllers for replacement of outdated network controllers on 
Recovery Act project; X-STP-S000(497) in Oregon State.
    In accordance with Division A, section 123 of the ``Consolidated 
Appropriations Act, 2010'' (Pub. L. 111-117), the FHWA published a 
notice of intent to issue a waiver on its Web site for RuggCom RS900G, 
RS900L, and RS930L network controllers for replacement of outdated 
network controllers (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=54) on April 6th. The FHWA received three comments in 
response to the publication. The first comment suggested a potential 
domestic manufacturer; Optelecom-NKF based in Maryland. Optelecom-NKF 
was contacted by ODOT, and the company stated that their products are 
manufactured outside the country but assembled domestically. The second 
commenter simply opposed the waiver request but did not suggest a 
domestic manufacturer. The third commenter supported the waiver request 
based on his experience with the RuggCom RS900G, RS900L, and RS930L 
network controllers. During the 15-day comment period, the FHWA 
conducted additional nationwide review to locate potential domestic 
manufacturers for RuggCom RS900G, RS900L, and RS930L network 
controllers. Based on all the information available to the agency, the 
FHWA concludes that there are no domestic manufacturers of RuggCom 
RS900G, RS900L, and RS930L network controllers.
    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 Oregon waiver page noted above.

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

     Issued on: July 26, 2011.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2011-19509 Filed 8-1-11; 8:45 am]
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