Buy America Waiver Notification |
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Topics: Federal Highway Administration
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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]
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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 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