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Buy America Waiver Notification

American Government Special Collections Reference Desk

American Government Topics:  Interstate Highway System

Buy America Waiver Notification

Gregory G. Nadeau
Federal Highway Administration
October 23, 2015

[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Page 64490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27027]



Federal Highway Administration

Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.


SUMMARY: This notice provides information regarding FHWA's finding that 
a Buy America waiver is appropriate for the use of non-domestic 
fabrication of cable mesh for 8'-0'' high oxidized stainless steel 
cable net safety fence on Interstate 5, MP 28.7 in San Diego, 

DATES: The effective date of the waiver is October 26, 2015.

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 


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 FHWA's finding that a Buy America waiver is 
appropriate for use of non-domestic fabrication process to convert the 
stainless steel products into safety cable mesh. The stainless steel 
product for the cable mesh is produced domestically in the United 
States. However, there is no domestic manufacturer capable of 
fabricating the stainless steel products into safety cable mesh.
    In accordance with Division K, section 122 of the ``Consolidated 
and Further Continuing Appropriations Act, 2015'' (Pub. L. 113-235), 
FHWA published a notice of intent to issue a waiver on its Web site 
(http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=113) on 
September 9th. The FHWA received no comments in response to the 
publication. Based on all the information available to the agency, FHWA 
concludes that there are no domestic manufacturers capable of 
fabricating the safety cable mesh.
    In accordance with the provisions of section 117 of the SAFETEA-LU 
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), 
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 FHWA's Web site via the link 
provided to the waiver page noted above.

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

    Issued on: October 16, 2015.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2015-27027 Filed 10-22-15; 8:45 am]

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