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Buy America Waiver Notification

American Government Special Collections Reference Desk

American Government

Buy America Waiver Notification

Victor M. Mendez
Federal Highway Administration
December 5, 2012


[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Page 72434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29330]


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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 
Motor and Machinery brakes; 16'' Drum brake, Thruster disk, and 2-Right 
angle gear reducers for Pasquotnak River Bridge project, Federal-aid 
project STP-0158(51), in the State of North Carolina.

DATES: The effective date of the waiver is December 6, 2012.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, or via email at 
gerald.yakowenko@dot.gov. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or 
via email 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 Motor and Machinery brakes; 16'' Drum 
brake, Thruster disk, and 2-Right angle gear reducers.
    In accordance with Title I, Division C, section 122 of the 
``Consolidated and Further Continuing Appropriations Act, 2012'' (Pub. 
L. 112-55), the FHWA published a notice of intent to issue a waiver on 
its Web site for Motor and Machinery brakes; 16'' Drum brake, Thruster 
disk, and 2-Right angle gear reducers (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=63) on November 14, 2011. The 
FHWA received no comment in response to the publication. During the 15-
day comment period, the FHWA conducted additional nationwide review to 
locate potential domestic manufacturers of Motor and Machinery brakes; 
16'' Drum brake, Thruster disk, and 2-Right angle gear reducers. The 
National Institute of Standards and Technology--Manufacturing Extension 
Partnership also conducted supplier scouting on motor and machinery 
system and reported that there are some domestic manufacturers of 
subcomponents to the motor and machinery brake system. However, the 
subcomponents are not compatible with the specified motor and machinery 
brakes. Based on all the information available to the agency, the FHWA 
concludes that there are no domestic manufacturers of Motor and 
Machinery brakes; 16'' Drum brake, Thruster disk, and 2-Right angle 
gear reducers for the Pasquotnak River Bridge project in the State of 
North Carolina.
    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 North Carolina waiver page noted above.

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

     Issued on: November 29, 2012.
Victor M. Mendez,
Administrator.
[FR Doc. 2012-29330 Filed 12-4-12; 8:45 am]
BILLING CODE 4910-22-P



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