[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Page 37877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15820]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration Buy America Waiver Notification


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 
Machinery and Motor brakes for rehabilitation of Federal-aid project 
SFTL-234R; Platt Street movable Bridge project in Tampa, Florida.

DATES: The effective date of the waiver is July 1, 2010.

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 
[email protected]. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or 
via e-mail at [email protected]. Office hours for the FHWA are 
from 7:45 a.m. to 4:15 p.m., e.s.t., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded from the 
Federal Register 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 Machinery and Motor Brakes; 230/460 
Volts, three-phase, 60 Hz. The use of the Machinery and Motor brakes is 
to meet the Federal design code, AASHTO LRFD for Movable Highway Bridge 
Design Specifications for bascule bridges.
    In accordance with section 123 of Division A 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 Machinery and 
Motor brakes (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=47) on April 7, 2010. The FHWA received no comments in 
response to the publication, which suggests that the Machinery and 
Motor brakes may not be available domestically. During the 15-day 
comment period, the FHWA conducted additional nationwide review to 
locate potential domestic manufacturers for Machinery and Motor brakes. 
Based on all the information available to the agency, the FHWA 
concludes that there are no domestic manufacturers for the Machinery 
and Motor brakes; 230/460 Volts AC, three-phase, 60 HZ.
    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 Florida waiver page noted above.

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

    Issued on: June 23, 2010.
Victor M. Mendez,
Administrator.
[FR Doc. 2010-15820 Filed 6-29-10; 8:45 am]
BILLING CODE 4910-22-P