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Notice of Buy America Waiver Request
The purpose of this web page is to provide the public with an informal notice and comment opportunity regarding Buy America waiver requests. The FHWA is addressing two separate statutes regarding Buy America Waiver Notice provisions:
Public Law 111 117, the "Consolidated Appropriations Act, 2010" was enacted December 16, 2009, Division A, Section 123 states: "Not less than 15 days prior to waiving, under his statutory authority, any Buy America requirement for Federal-aid highway projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall provide an annual report to the Appropriations Committees of the Congress on any waivers granted under the Buy America requirements."
The SAFETEA-LU Technical Corrections Bill (Public Law No. 110-244, 122 Stat.1572) was enacted June 6, 2008. Section 117, "Buy America waiver notification and annual reports," states in part:
"(a) Waiver notification.-
(1) In general.-If the Secretary of Transportation makes a finding under section 313(b) of title 23, United States Code, with respect to a project, the Secretary shall-
(A) publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; and
(B) provide notice of such finding and an opportunity for public comment on such finding for a period of not to exceed 60 days.
(2) Limitation on statutory construction.-Nothing in paragraph (1) shall be construed to require the effective date of a finding referred to in paragraph (1) to be delayed until after the close of the public comment period referred to in paragraph (1)(B)."
FHWA Notice, Comment and Review Process
For all waiver requests, we will post a notice of a waiver request on this web site and solicit public comments on the intent to issue a waiver for a 15-day period. Following this comment period, we will publish a notice in the Federal Register documenting our finding regarding the waiver. The effective date of the finding will be the date following publication in the Federal Register. Upon publication of the Federal Register notice, the public may submit comments on this finding to this web site for an additional 15 days following the effective date of the finding.
We will consider all comments received in the initial 15-day comment period during our evaluation of the waiver request. Comments received after this period, but before notice of our finding is published in the Federal Register, will be considered to the extent practical. Follow-up coordination on the comments received may result in a delay in the publication of our waiver finding in the Federal Register. Comments received during the 15-day comment period after notice of our finding is published in the Federal Register will be reviewed, but the finding will continue to remain valid. Comments received during the comment period after the effective date of the finding will be reviewed, and may influence the FHWA's decision to terminate or modify a finding.
Each Buy America waiver request that is currently open for public comment is identified below under the section "waiver request for comment." To view the information pertaining to any particular waiver request, click on the appropriate link and follow the directions for submitting a comment. A listing of all waiver requests either approved or denied dating back to March, 2008 is also provided in the appropriate sections below.
For additional information regarding the FHWA's Buy America policies see: http://www.fhwa.dot.gov/construction/cqit/buyam.cfm
- Waiver requests for comment
- Washington 16'-Diameter Motor Brakes, weight 340lb and 13"-Diameter Machinery brakes, weight 250lb 11/14/11
- North Carolina Motor and Machinery brakes; 16" Drum brake, Thruster disc, 2-Right angle gear reducers 11/14/11
- Merced County, CA Eight 2012 Ford Escape hybrid 4WD vehicles 01/11/12
- Guam 45' and 55' Pre-stressed Spun Concrete Transmission and Distribution Power poles 03/05/12
- Vermont 3 vehicles, Sedan or hatch back (Driver + 4 passenger capacity), two-wheeled drive with minimum 27 MPG. 03/05/12
- Utah Alpine de Sécurité (TAS) Gazex® Avalanche Exploder 03/06/12
- Oregon Allen Bradley Program Logistic Controller Equipment 03/22/12
- Wyoming TAS O'Bell Avalanche Initiating Blaster 03/22/12
- Guam 35' Pre-stressed Spun Concrete Poles 04/04/12
- New York 9,500 lb. of ½" x 0.008" steel fiber reinforcement (290ksi ultimate tensile strength) 04/17/12
- Illinois Main Submersible pumps (3 @ 3,000 gallons/minute), (1 Low Flow Submersible pump @ 1,000 gallons/minute), (1 Low Flow Sump Pump @ 20 gallons/minute). 05/03/12
- Michigan Four (4) each Amacan K800 - 400/358XG-S submersible pumps; Two (2) each Amacan K800 - 401/506XG-S submersible pumps. 05/16/12
- Washington 1) Electrical Controls and Electrical Equipment; 2) Main Drive Electrical Motor; 3) Auxiliary Drive Electric Motor; 4) Span Lock Electric Motor & Controls 05/22/12
- Vermont and Massachusetts 9,000 LB of 1/2" x 0.008" steel fiber reinforcement (290 ksi ultimate tensile strength) 07/12/12
- City of Centro, California 10 Diesel Particulate Filters (DPF) for CMAQ program 08/20/12
- Kentucky Iron and steel products in GenSet diesel engine and air compressor for CMAQ project 08/22/12
- America and Canadian iron and steel products being used in construction of New International Trade Crossing (NITC) 08/31/12
- Illinois Main submersible pumps (2 @2250 gpm) and Low flow submersible pumps (2@200 gpm) 10/04/12
- New Hampshire Certain Iron and steel products in 1) Auxiliary two speed motor, 2) Auxiliary back up drive clutch, 3) Main span and backup span motor and 4) Brakes. 10/04/12
- Michigan Certain iron and steel products contained in Submersible pumps, 4 each American K300-400/358XG-S, 2-each American K300-400/506XG-S, 3-each flygt model LL-3400 electric Submersible pumps, 3-each flygt model LL-3356 electric submersible pumps, 2-each mixed flow/propeller 60 HP, 1160rpm, 2-each Lineshaft vertical turbine 15 HP, 1200 rpm. 10/04/12
- Waiver requests approved
- Alaska Domestic 1-1/4 in Diameter Hollow Rock Anchor (estimated quantity 400 units) 03/06/08
- Michigan Stainless-clad reinforcement bars #5 & #6 (95,266 lbs) 03/31/08
- Washington Hot dipped Galvanized ground bushings (range 3/4" to 4") for electrical systems 05/14/08
- Florida Motor brakes: 13" diameter chrome plated brake wheel set to 270 ft-lb torque (field verified and adjusted at +10%, -0%); with adjustable time delay set at no time delay. Quantity: 8. Machinery brakes: 19" diameter chrome plated brake wheel set to 1800 ft-lb torque (field verified and adjusted at +10%, -0%); with adjustable time delay set at 3 seconds after the motor brake. Quantity: 8. 05/28/08
- Illinois U-69 guard bars, 182 units; Manganese Castings, 118 units; Turnouts braces, 9,629 units; Weld kits, 2,262 units 06/05/08
- Virginia Stainless Clad Rebars, Quantity: 359,875 lbs 06/22/08
- NYCDOT Center Pivot bearing assembly (Spherical roller thrust bearing), size: approx. 2.280 m 07/14/08
- California Self-drill and Grout Dowels and Self-drill and Grout spiles. Properties; minimum yield fy = 35ksi, modulus of elasticity Es = 29,000 ksi 07/24/08
- Maine Item; Casing shoe for dual rotary drill rig. Properties; Teeth consisting of hardened, carbide steel 07/24/08
- Oregon 1" Hollow core anchors 07/31/08
- Rhode Island stainless steel clad reinforcement bars; Quantity; 124,900 IB 08/12/08
- North Carolina Machinery Brake; 3-Phase AC, HY-Trust shoe brakes w/strip heater, 16-Diameter, 6 ¾" Face, 3-Piece Enclosure, Brake Torque setting of 950 LB-FT (quantity; 2) ; Motor brake; 3-Phase AC, HY-Trust shoe brakes w/strip heater. 10" Diameter, 3 ¾" Face, 3-Piece Enclosure Brake Torque setting of 170 LB-FT. (quantity 1) 08/21/08
- Oregon 2 custom built motor control centers for Siuslaw River moveable bridge project in Oregon. 09/23/08
- City of San Diego, CA 1. Stainless steel bridge suspender cable assemblies (34 ea); 2. Stainless steel glass panel attachment hardware (Spider fittings) (1,250 ea); 3. Stainless steel mesh at railings and elevator (2,070 sq ft.); 4. Stainless steel grade 2205 (91,999 lbs) for experimental purposes in construction of Park Boulevard at Harbor Drive Pedestrian Bridge for the City of San Diego, CA 09/30/08
- Washington CIPEC WP250 Steel expansion joint system 10/23/08
- Oregon 1" diameter hollow-core threaded anchor rod 11/06/08
- New York Drive machinery and brakes 12/01/08
- New Jersey Steel API 5L, Grade X52 PSL2 wall tubing; sizes; (36" diameter, 1" thickness) and (18" diameter, 0.75" wall thickness) 12/01/08
- Massachusetts (Four) Forged Steel Sheave Hubs Specification: ASTM A668 Class D Material, 77-inch outside diameter, 42-inches inside diameter, 69 ¼-inches long. 12/04/08
- Florida Machinery brakes; 19" diameter chrome plated brake wheel set to 2000 ft-lb torque, and Motor brakes: 10" diameter chrome plated brake wheel set to 125 ft-lb torque 12/09/08
- NYSDOT Span lock linear electric actuator 02/04/09
- Delaware Stainless-clad reinforcement bars for experimental project 02/19/09
- Washington Three-Ton Chain Hoist 04/16/09
- Illinois U-69 guard bars, Manganese Castings, Turnout braces, and weld kits 05/20/09
- City of Colorado Springs 42" Vanessa Butterfly waterline valves, series 30,000 w/zero leakage 08/24/09 (Recovery Act)
- Ohio Mobile Harbor Crane w/lifting capacity of 80 metric tons 08/25/09 (Recovery Act)
- Oregon Roof tiles made of 40/45 KSI #2, 24 Gauge (0.0276") Galvanized "non-fluting" steel stock with Kynar PPG 5LR82411 or Duranar L/G Rodda Red II paint finish color 10/22/09 (Recovery Act)
- Maine 22 mm Industrial dock fender steel chain, 400 ft in length. 11/05/09
- Oregon #20, 141# Turnouts (Manganese turnout castings, U69 guard bar, LV Braces)
Weld kits: (Molds, ThermitilPortion, Igniters, and Crucibles) 11/13/09 (Recovery Act)
- Oregon 1" diameter hollow core threaded share anchor rods 01/22/10
- Washington Seismic Isolation Bearing 02/16/10
- New Jersey 26" diameter steel tubing, ASTM A53, Grade B, 0.759" wall thickness 03/01/10
- California ASTM A 722M (150ksi) 1 7/8 inch diameter 03/22/10
- Florida machinery brakes; 230/460 volts AC, three phase, 60 Hz, 17" diameter disk, torque 550 lb-ft
Motor brakes; 230/460 volts AC, three phase, 60 Hz, 12" diameter disk, torque 155 lb-ft 04/07/10
- Florida Gear-Motor assembly; Horsepower 7.5, Output RPM 15, Torque 33011 in-lb, Voltage 230/460 volts ac, Brake torque 55.3 in-lb 05/05/10
- Oregon Alloy Stainless steel 65061A double-ended beam, RLSCA-50k weighing system for compatibility. 05/25/10
- New Jersey Fall arrest system that is OSHA & ANSI compliant standards in 29 CFR 1926 subpart M; Arresting force 1,800lb, withstand impact energy of free fall distance of 6ft, Maximum deceleration distance 3 1/2 ft. 05/25/10
- Oregon 1) Galvanized ground bushing (3/4"-4") for electrical system. 2) Form 5/Form 7 condulet body assembly (1.5", 2"). 3) Sealing Locknuts (1.5", 2") 01/10/11
- Oregon RuggedCom RS900G, RS800L, and RS930L network controllers 04/06/11 (Recovery Act)
- Oregon and New York 1/2" x 0.008 steel fiber with ultimate tensile strength of 290ksi for experimental use in Ultra High Performance Concrete (UHPC) 04/12/11
- Louisiana 5 3/8" stud link chain 05/12/11 (Recovery Act)
- California 79 all electric sedans (Nissan Leafs) and 11 all electric vans (Ford Transit Connects) for CMAQ demonstration project by Alameda County, California 05/12/11
- California Automated battery switching mechanism for an electric battery switching station for a demonstration project in CA 05/31/11
- California 12 all-battery electric vehicles (such as the Nissan Leaf, Mitsubishi iMiEV or Ford Focus), 12 plug-in hybrid vehicles (such as Toyota Prius or Chevrolet Volt), and 5 neighborhood electric vehicles. 05/31/11
- New York City DDC 8'-0" high oxidized stainless steel cable net 07/25/11
- Illinois Motor and Machinery brakes; maximum torque (20,288 ft-lb), Setting (17,000 ft-lb), Brake capacity (17,700 lb) and minimum brake wheel (13") 08/11/11
- Iowa ½" x 0.008" steel fiber reinforcement (290ksi ultimate tensile strength) 08/23/11
- See Buy America Waivers Since 2001.
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Related Information
Contact
Edwin Okonkwo
Office of Program Administration 202-366-1558 E-mail Edwin
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