[Federal Register: August 25, 2008 (Volume 73, Number 165)]
[Notices]
[Page 50065]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au08-91]
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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 stainless steel clad
reinforcing bars used in certain Federal-aid construction projects in
Virginia.
DATES: The effective date of the waiver is August 26, 2008.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Gerald Yakowenko, FHWA Office of Program Administration,
(202) 366-1562, gerald.yakowenko@dot.gov. For legal questions, please
contact Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-
4928, 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 stainless steel clad reinforcing bars used for certain
Federal-aid projects administered by the Virginia Department of
Transportation.
In accordance with the 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 for
stainless steel clad reinforcing bars for selected Federal-aid projects
in Virginia (http://www.fhwa.dot.gov/construction/contracts/
waivers.cfm?id=13) on June 22, 2008. The FHWA evaluated several
comments that were received in response to the notice. Several
commenters suggested that solid stainless rebar should be used and that
stainless clad rebar may be more expensive than solid stainless rebar.
Other commenters disagreed with this position. The Virginia Department
of Transportation's waiver request is to evaluate the stainless clad
reinforcing bars along with two other types of corrosion resistant
reinforcing steels (ASTM1035 and solid stainless) under an experimental
project. The FHWA agrees with the Virginia Department of Transportation
that it is in the public interest to waive the Buy America requirements
for this experimental project; therefore, the FHWA concludes that 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 effective date of
the finding. Comments may be submitted to the FHWA's Web site via the
link to the Virginia waiver page noted above.
(Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410)
Issued on: August 14, 2008.
James D. Ray,
Acting Federal Highway Administrator.
[FR Doc. E8-19638 Filed 8-22-08; 8:45 am]
BILLING CODE 4910-22-P