Buy America Waiver Notification

Victor M. Mendez
Federal Highway Administration
September 10, 2013

[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Notices]
[Page 55337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21983]


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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 re-use of historical 
bridge components for construction of Monon Trail Bridge over SR 25 in 
Indiana.

DATES: The effective date of the waiver is September 11, 2013.

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 reuse some historical bridge components for construction 
of Monon Trail Bridge over SR 25 in Indiana.
    The Indiana Department of Transportation (INDOT) requested this 
waiver for an overpass to carry the Monon High Bridge Trail across the 
new Hoosier Heartland Highway (SR 25). Working with the local Context 
Sensitive Solution group, INDOT decided to span SR 25 with the historic 
Freedom Bridge, built in the 1890s in Freedom, Indiana, but replaced, 
disassembled, and preserved for relocation. This innovative solution 
brought together State and local officials, the Indiana State Historic 
Preservation Officer, and FHWA and is consistent with the reason why 
the Freedom Bridge was preserved under the National Historic 
Preservation Act. Although INDOT has traced 23 percent of the steel in 
the Freedom Bridge to Carnegie Steel, a United States manufacturer, 
State officials cannot verify that the remaining steel to be 
incorporated in the reassembled bridge is of domestic origin. 
Therefore, INDOT requested a Buy America waiver for the reuse of the 
incorporated steel.
    In accordance with Division A, 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 public interest waiver on 
its Web site for re-use of original steel components to construct the 
trail bridge over SR 25 on May 21st (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=88). The FHWA received no 
comments in response to the publication. This Public Interest waiver of 
the Buy America requirements of 23 CFR 635.410 is to permit INDOT to 
reuse original structural steel components from the disassembled 
historic bridge owned by Owen County for re-establishment of a bike/
pedestrian trail over SR 25. The basis for the public interest waiver 
is:
     It fulfills the intent of a 1991 Section 106 of the 
National Historic Preservation Act's Memorandum of Understanding (NHPA 
MOA) that the historic Freedom Bridge be moved and preserved; and
     The proposed reassembly of the historic Freedom Bridge 
satisfies a critical need in providing the necessary connectivity for 
the Monon High Bridge Trail, but is also appropriate because the bridge 
was built in the 1890s, the peak period of the ``Bicycle Craze'' of the 
day.
    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 Indiana waiver page noted above.

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

     Issued on: August 28, 2013.
Victor M. Mendez,
 FHWA Administrator.
[FR Doc. 2013-21983 Filed 9-9-13; 8:45 am]
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