[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Pages 37876-37877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15849]


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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 use of non-domestic 1'' 
diameter hollow core threaded share anchor rods in construction of 
Federal-aid project  X-STP-1525 (004) in Oregon.

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.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 of such requirements 
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 the use of non-
domestic 1'' diameter hollow core threaded share anchor rods for 
construction of a Federal-aid project in Oregon.
    In accordance with the Division I, section 126 of the ``Omnibus 
Appropriations Act, 2009'' (Pub. L. 111-8), the FHWA published on its 
Web site a notice of intent to issue a waiver for the 1'' diameter 
hollow core threaded share anchor rods (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=43) on November 5th. The FHWA 
received four comments in response to this proposed waiver. Two of the 
comments concerned the availability of 1'' diameter hollow core 
threaded anchor rods and the other two were general comments unrelated 
to the domestic availability of this product. With respect to the two 
comments concerning the domestic availability of this product, one 
comment agreed that the product is not domestically available. The 
other comment noted three Web sites to manufacturers that may be able 
to produce this product. The FHWA spoke to representatives from two of 
the manufacturers who confirmed that they do not make the product. With 
respect to the third Web site (rods.pronto.com), the FHWA could not 
locate a specific Web site with this address.
    In addition, during the 15-day comment period, the FHWA conducted 
additional nationwide review to locate potential domestic manufacturers 
for the 1'' diameter hollow core threaded share anchor rods. Based on 
all the information available to the agency, the FHWA concludes that 
there are no domestic manufacturers for the 1'' diameter hollow core 
threaded share anchor rods. Thus, the FHWA concludes that a Buy America 
waiver is appropriate for the 1'' diameter hollow core threaded share 
anchor rods.

[[Page 37877]]

    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 Oregon waiver pages noted above.

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

    Issued on: June 23, 2010.
King W. Gee,
Associate Administrator for Infrastructure.
[FR Doc. 2010-15849 Filed 6-29-10; 8:45 am]
BILLING CODE 4910-22-P