Buy America Waiver Notification

Topics:  Federal Highway Administration

Victor M. Mendez
Federal Register
August 22, 2011

[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52379-52380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21404]


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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 
\1/2\'' x 0.008 steel fiber with ultimate tensile strength of 290ksi 
for experimental use in Ultra High Performance Concrete (UHPC) in 
Oregon and New York.

DATES: The effective date of the waiver is August 23, 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 8 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 \1/2\'' x 0.008 steel fiber with 
ultimate tensile strength of 290ksi for experimental use in UHPC in 
Oregon and New York.
    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 \1/2\'' x 0.008 
steel fiber with ultimate tensile strength of 290ksi for experimental 
use in UHPC in Oregon and New York (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=55) on April 4th. The FHWA 
received seven comments in response to the publication. Three 
commenters opposed the waiver request but did not provide information 
about domestic manufacturers. Three other commenters were in support of 
the waiver and suggested that domestic manufacturers of steel fibers 
should have been in production by now. Oregon Department of 
Transportation responded to each comment received for this waiver 
request. During the 15-day comment period, the FHWA conducted 
additional nationwide review to locate potential domestic manufacturers 
for \1/2\'' x 0.008 steel fiber with ultimate tensile strength of 
290ksi for experimental use in UHPC in Oregon and New York. Based on 
all the information available to the agency, the FHWA concludes that 
there are no domestic manufacturers of \1/2\'' x 0.008 steel fiber with 
ultimate tensile strength of 290ksi for experimental use in UHPC in 
Oregon and New York.
    In accordance with the provisions of section 117 of the SAFETEA-LU 
Technical Corrections Act of 2008 (Pub.

[[Page 52380]]

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/New York 
waiver page noted above.

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

    Issued on: August 15, 2011.
Victor M. Mendez,
Administrator.
[FR Doc. 2011-21404 Filed 8-19-11; 8:45 am]
BILLING CODE 4910-22-P