Buy America Waiver Notification

Victor M. Mendez
Federal Highway Administration
December 5, 2012

[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Pages 72434-72435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29329]


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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''-Diameter Motor Brakes, weight 340 lb, 
and 13''-Diameter Machinery Brakes, weight 250 lb, for rehabilitation 
of Murray Morgan Bridge, project STP-STPUL-3268(003), and 
South Park Bridge Replacement, project TIGERII-BRM-STPL-
1491(002), in the State of Washington.

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)

[[Page 72435]]

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''-
Diameter Motor Brakes, weight 340 lb, and 13'' -Diameter Machinery 
Brakes, weight 250 lb, for rehabilitation of Murray Morgan Bridge, 
project STP-STPUL-3268(003), and South Park Bridge 
Replacement, project TIGERII-BRM-STPL-1491(002), in the State 
of Washington.
    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''-Diameter Motor 
Brakes, weight 340 lb and 13''-Diameter Machinery Brakes, weight 250 lb 
(http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=64) 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''-Diameter Motor Brakes, weight 340 
lb and 13''-Diameter Machinery Brakes, weight 250 lb. 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''-Diameter Motor Brakes, weight 340 lb and 13''-
Diameter Machinery Brakes, weight 250 lb for rehabilitation of Murray 
Morgan Bridge project STP-STPUL-3268(003) and South Park 
Bridge Replacement project TIGERII-BRM-STPL-1491(002) in 
Washington State.
    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 Washington State waiver page noted above.

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

    Issued on: November 26, 2012.
Victor M. Mendez,
Administrator.
[FR Doc. 2012-29329 Filed 12-4-12; 8:45 am]
BILLING CODE 4910-22-P