[Federal Register: July 23, 2008 (Volume 73, Number 142)]
[Notices]
[Page 42894-42895]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy08-93]
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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 certain steel products
used in Federal-aid construction projects in Florida and Illinois.
DATES: The effective date of the waiver is July 24, 2008.
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 7:45 a.m. to 4:15 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 for two specific cases.
In accordance with Division K, section 130, of the ``Consolidated
Appropriations Act, 2008'' (Pub. L. 110-161), the FHWA published a
notice of intent to issue a waiver on its Web site on May 28, 2008, for
motor brakes and machinery brakes for a Federal-aid project in Florida
(http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=11). In
addition, the FHWA published a notice of intent to issue a waiver on
its Web site on June 5, 2008, for guard bars, manganese castings,
turnout braces, and weld kits associated with a Federal-aid railroad
project in Illinois (http://www.fhwa.dot.gov/construction/contracts/
waivers.cfm?id=12). No comments were received in response to either of
these notices; therefore, the FHWA concludes that there are no domestic
manufacturers for these products and a Buy America waiver is
appropriate as provided by 23 CFR 635.410(c)(1).
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
[[Page 42895]]
effective date of the waiver. Comments may be submitted to the FHWA's
Web site via the links above to the Florida and Illinois waiver pages
noted above.
(Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410)
Issued on: July 15, 2008.
James D. Ray,
Acting Administrator, Federal Highway Administration.
[FR Doc. E8-16885 Filed 7-22-08; 8:45 am]
BILLING CODE 4910-22-P