[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Notices]
[Page 2152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja09-115]
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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 certain steel products
used in Federal-aid construction projects in Oregon and Washington.
DATES: The effective date of the waiver is January 15, 2009.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Mr. Gerald Yakowenko, FHWA Office of Program
Administration, (202) 366-1562, gerald.yakowenko@dot.gov. For legal
questions, please contact Mr. Michael Harkins, FHWA Office of the Chief
Counsel, (202) 366-4928, 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 for two specific cases.
In accordance with section 130 of Division K of the ``Consolidated
Appropriations Act, 2008'' (Pub. L. 110-161), the FHWA published on its
Web site two notices of intent to issue Buy America waivers: (1) A
waiver for 1'' diameter hollow-core threaded anchor rod in Oregon
http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=23 on
November 6, 2008, and (2) a waiver for CIPEC WP 250 Steel expansion
joint system in Washington http://www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=22 on October 23, 2008. The FHWA received no
comments in response to the 1 diameter hollow-core threaded
anchor rod which suggested that the 1 diameter hollow-core
threaded anchor rod may not be available domestically. Further
investigation and inquiry revealed that the product is not available
domestically. The FHWA received six comments in response to the CIPEC
WP 250 Steel expansion joint system. The comments suggested that there
are other alternative domestic joint systems available: Finger joint,
Elastomeric strip seal joints, Modular expansion joints, and WaboFlex
bolt-down panel joint. Washington State has used the WaboFlex in a
number of projects, but discontinued using it over 10 years ago as a
result of failure modes and poor performance that posed safety hazards
to the travelling public. The Finger joint, Elastomeric, and modular
expansion joints were disallowed due to subsequent failures and not
meeting the specification of 9 inch tolerable movement range that would
satisfy the American Association of State Highway and Transportation
Officials loading requirements for high capacity high volume roadway
system. During the 15-day comment period, the FHWA conducted additional
nationwide review to locate potential domestic manufacturers for the
products. Based on all the information available to the Agency,
including the responses received to the notices as well as the Agency's
nationwide review, the FHWA concludes that there are no domestic
manufacturers for the 1 diameter hollow-core threaded anchor
rod and the CIPEC WP250 steel expansion joint system.
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 pursuant to 23 CFR
635.410(c)(1). 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 links above to
the Oregon and Washington waiver pages noted above.
(Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410.)
Issued on: January 7, 2009.
Thomas J. Madison, Jr.,
Federal Highway Administrator.
[FR Doc. E9-557 Filed 1-13-09; 8:45 am]
BILLING CODE 4910-22-P