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Buy America Waiver Notification

American Government Special Collections Reference Desk

American Government

Buy America Waiver Notification

Gregory G. Nadeau
Federal Highway Administration
June 11, 2014

[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Pages 33632-33633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13603]



Federal Highway Administration

Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice.


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 for the Sarah Mildred Long Bridge 
Replacement project in the State of Maine.

DATES: The effective date of the waiver is June 12, 2014.

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. Jomar Maldonado, FHWA Office of 
the Chief Counsel, 202-366-1373, or via email at 
jomar.maldonado@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.


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.


    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 for the 
Sarah Mildred Long Bridge Replacement project in the State of Maine.
    In accordance with Title I, Division A, section 122 of the 
``Consolidated and Further Continuing Appropriations Act, 2012'' (Pub. 
L. 112-55), the FHWA published on March 5, a notice of intent to issue 
a waiver for the following non-domestic bridge items for use in the 
Sarah Mildred Long Bridge Replacement project in Maine: (1) Motor 
brakes; (2) machinery brakes; (3) counterweight sheave bearings; (4) 
deflector sheave bearings; (5) operating drum bearings; and (6) span 
lock bearings. The notice was published on FHWA's Web site at http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=96. The FHWA 
received 27 comments in response to the publication. Eight commenters 
expressed support for the waiver of the items. Three support the waiver 
with conditions. One of those supporting commenters suggested that the 
waiver may be granted for a period of time if the components are not 
locally readily available. Two of those supporting commenters stated 
that a waiver should be granted only when all efforts are made to 
ensure that domestic

[[Page 33633]]

products are not available. Fourteen commenters opposed the waiver and 
some provided names of potential domestic manufacturers of the 
components. Potential domestic manufacturers suggested were Oregon 
Works, Steward Machine, Hardie-Tynes, Timken Steel Corporation, 
Philadelphia Gear, and JC Machine.
    The Maine DOT made contact with the companies to verify domestic 
availability and possible supply of the items. Based on information 
received from those companies, Jeff Folsom of Maine DOT provided 
comments on April 2 stating that Maine DOT was withdrawing the waiver 
request for the counterweight sheave bearings, deflector sheave 
bearings, operating drum bearings, and span lock bearings. There were 
no domestic manufacturers of motor and machinery brakes identified. 
During the 15-day comment period, the FHWA conducted an additional 
nationwide review to locate potential domestic manufacturers of the 
motor and machinery brakes. Maine DOT also made additional contact with 
Philadelphia Gear, Hardie-Tynes, New Jersey DOT, and JC Machine. On 
April 4 Hardie-Tynes responded to Maine DOT that it cannot furnish 
machinery brakes. On April 17 Philadelphia Gear responded that it only 
manufactures gear boxes and large gears for moveable structures. The 
New Jersey DOT could not provide specific information on domestic 
manufacturers of moveable bridge components that it used in the past. 
Based on all the information available to the Agency, the FHWA 
concludes that there are no domestic manufacturers of the motor and 
machinery brakes.
    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 of its finding that a waiver of Buy 
America requirements is appropriate because the products are not 
produced in the United States in sufficient and reasonably available 
quantities which are of a satisfactory quality (23 U.S.C. 313(b)(2); 23 
CFR 635.410(c)(1)(ii)). The FHWA invites public comment for an 
additional 15 days following the effective date of the finding. 
Comments may be submitted via the above link to the FHWA Web site.

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

     Dated: June 2, 2014.
Gregory G. Nadeau,
Deputy Administrator, Federal Highway Administration.
[FR Doc. 2014-13603 Filed 6-10-14; 8:45 am]

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