Buy America Waiver Notification

Topics:  Federal Highway Administration

Victor M. Mendez
Federal Register
August 22, 2011

[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Page 52380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21402]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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

SUMMARY: This notice provides information regarding the FHWA's finding 
that a Buy America waiver is appropriate for the use of non-domestic 5 
\3/8\'' stud link chain for a Recovery Act bridge replacement project 
in Larose, Louisiana.

DATES: The effective date of the waiver is August 23, 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 8:00 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 non-domestic 5 \3/8\'' stud link chain on a Federal-
aid project in Larose, Louisiana.
    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 (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=56) on April 
12th. The FHWA received three comments in response to the publication. 
Two of the comments inquired for more detailed information about the 
project and the purpose of using the stud link chain on the project. 
The third comment, by the Louisiana Department of Transportation, 
responded to the first two comments. The response provided additional 
information about the project, including the purpose for the use of the 
5 \3/8\'' stud link chain. During the 15-day comment period, the FHWA 
conducted additional nationwide review to locate potential domestic 
manufacturers for 5 \3/8\'' stud link chain. Based on all the 
information available to the agency, the FHWA concludes that there are 
no domestic manufacturers of 5 \3/8\'' stud link chain.
    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 Louisiana page noted above.

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

    Issued on: August 15, 2011.
Victor M. Mendez,
Administrator.
[FR Doc. 2011-21402 Filed 8-19-11; 8:45 am]
BILLING CODE 4910-22-P