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Buy America Waiver Notification


American Government Topics:  Federal Highway Administration

Buy America Waiver Notification

Victor M. Mendez
Federal Register
August 15, 2011 

[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Notices]
[Page 50537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20667]


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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 
(1) Galvanized ground bushing (\3/4\''-4'') for electrical systems; (2) 
Form 5/Form 7 conduit body assembly (1.5'', 2''); and (3) sealing 
locknuts (1.5'', 2''), for Federal-aid project X-STP-5900 
(212), South Auditorium lighting, phase 1, in Portland, Oregon.

DATES: The effective date of the waiver is August 16, 2011.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, or via e-mail at 
gerald.yakowenko@dot.gov. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or 
via e-mail at michael.harkins@dot.gov. Office hours for the FHWA are 
from 7:45 a.m. to 4:15 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 (1) Galvanized ground bushing (\3/4\''-
4'') for electrical systems; (2) Form 5/Form 7 conduit body assembly 
(1.5'', 2''); and (3) sealing locknuts (1.5'', 2''), for Federal-aid 
project X-STP-5900(212), South Auditorium lighting, phase 1, 
in Portland, Oregon.
    In accordance with Division A, section 123 of the ``Consolidated 
Appropriations Act, 2010'' (Pub. L. 111-117), the FHWA published a 
notice of intent to issue a waiver on its Web site for (1) Galvanized 
ground bushing (\3/4\''-4'') for electrical systems; (2) Form 5/Form 7 
conduit body assembly (1.5'', 2''); and (3) Sealing Locknuts (1.5'', 
2'') for the Federal-aid project in Oregon (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=52) on January 10th. The FHWA 
received six comments in response to the publication. Four comments 
opposed the approval of the waiver request but did not suggest any 
domestic manufacturer of the galvanized ground bushing (\3/4\''-4''), 
Form 5/Form 7 conduit body assembly (1.5'', 2''), or sealing locknuts 
(1.5'', 2''). One commenter supported granting the waiver, and the 
sixth commenter did not express support or opposition toward the 
waiver. During the 15-day comment period, the FHWA conducted additional 
nationwide review to locate potential domestic manufacturers for 
galvanized ground bushing (\3/4\''-4''), Form 5/Form 7 conduit body 
assembly (1.5'', 2''), and sealing locknuts (1.5'', 2''). Based on all 
the information available to the agency, the FHWA concludes that there 
are no domestic manufacturers of galvanized ground bushing (\3/4\''-
4''), Form 5/Form 7 conduit body assembly (1.5'', 2''), and sealing 
locknuts (1.5'', 2'') for the Federal-aid project X-STP-
5900(212).
    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 Oregon waiver page noted above.

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

    Issued on: August 4, 2011.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2011-20667 Filed 8-12-11; 8:45 am]
BILLING CODE 4910-22-P




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