Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 74045 

Dated: November 28, 2012. 

Brenda S. Sprague, 

Deputy Assistant Secretary for Passport 

Services, Bureau of Consular Affairs, 

Department of State. 

[FR Doc. 2012–30022 Filed 12–11–12; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF STATE 

[Public Notice 8111] 

Request for Information for the 2013 

Trafficking in Persons Report 

SUMMARY: The Department of State (‘‘the 

Department’’) requests written 

information to assist in reporting on the 

degree to which the United States and 

foreign governments comply with the 

minimum standards for the elimination 

of trafficking in persons (‘‘minimum 

standards’’) that are prescribed by the 

Trafficking Victims Protection Act of 

2000, (Div. A, Pub. L. 106–386) as 

amended (‘‘TVPA’’). This information 

will assist in the preparation of the 

Trafficking in Persons Report (‘‘TIP 

Report’’) that the Department submits 

annually to appropriate committees in 

the U.S. Congress on countries’ level of 

compliance with the minimum 

standards. Foreign governments that do 

not comply with the minimum 

standards and are not making significant 

efforts to do so may be subject to 

restrictions on nonhumanitarian, 

nontrade-related foreign assistance from 

the United States, as defined by the 

TVPA. Submissions must be made in 

writing to the Office to Monitor and 

Combat Trafficking in Persons at the 

Department of State by January 31, 

2013. Please refer to the Addresses, 

Scope of Interest and Information 

Sought sections of this Notice for 

additional instructions on submission 

requirements. 

DATES: Submissions must be received by 

the Office to Monitor and Combat 

Trafficking in Persons by 5 p.m. on 

January 31, 2013. 

ADDRESSES: Written submissions and 

supporting documentation may be 

submitted to the Office to Monitor and 

Combat Trafficking in Persons by the 

following methods: 

• Facsimile (fax): 202–312–9637. 

• Mail, Express Delivery, Hand 

Delivery and Messenger Service: U.S. 

Department of State, Office to Monitor 

and Combat Trafficking in Persons (J/ 

TIP), 1800 G Street NW., Suite 2148, 

Washington, DC 20520. Please note that 

materials submitted by mail may be 

delayed due to security screenings and 

processing. 

• Email (preferred): 

tipreport@state.gov for submissions 

related to foreign governments and 

tipreportUS@state.gov for submissions 

related to the United States. 

Scope of Interest: The Department 

requests information relevant to 

assessing the United States’ and foreign 

governments’ compliance with the 

minimum standards for the elimination 

of trafficking in persons in the year 

2012. The minimum standards for the 

elimination of trafficking in persons are 

listed in the Background section. 

Submissions must include information 

relevant and probative of the minimum 

standards for the elimination of 

trafficking in persons and should 

include, but need not be limited to, 

answering the questions in the 

Information Sought section. These 

questions are designed to elicit 

information relevant to the minimum 

standards for the elimination of 

trafficking in persons. Only those 

questions for which the submitter has 

direct professional experience should be 

answered and that experience should be 

noted. For any critique or deficiency 

described, please provide a 

recommendation to remedy it. Note the 

country or countries that are the focus 

of the submission. 

Submissions may include written 

narratives that answer the questions 

presented in this Notice, research, 

studies, statistics, fieldwork, training 

materials, evaluations, assessments, and 

other relevant evidence of local, state 

and federal government efforts. To the 

extent possible, precise dates should be 

included. 

Where applicable, written narratives 

providing factual information should 

provide citations to sources and copies 

of the source material should be 

provided. If possible, send electronic 

copies of the entire submission, 

including source material. If primary 

sources are utilized, such as research 

studies, interviews, direct observations, 

or other sources of quantitative or 

qualitative data, details on the research 

or data-gathering methodology should 

be provided. The Department does not 

include in the report, and is therefore 

not seeking, information on prostitution, 

human smuggling, visa fraud, or child 

abuse, unless such conduct occurs in 

the context of human trafficking. 

Confidentiality: Please provide the 

name, phone number, and email address 

of a single point of contact for any 

submission. It is Department practice 

not to identify in the TIP Report 

information concerning sources in order 

to safeguard those sources. Please note, 

however, that any information 

submitted to the Department may be 

releasable pursuant to the provisions of 

the Freedom of Information Act or other 

applicable law. When applicable, 

portions of submissions relevant to 

efforts by other U.S. government 

agencies may be shared with those 

agencies. 

Response: This is a request for 

information only; there will be no 

response to submissions. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The TIP Report: The TIP Report is the 

most comprehensive worldwide report 

on foreign governments’ efforts to 

combat trafficking in persons. It 

represents an updated, global look at the 

nature and scope of trafficking in 

persons and the broad range of 

government actions to confront and 

eliminate it. The U.S. Government uses 

the TIP Report to engage in diplomacy 

to encourage partnership in creating and 

implementing laws and policies to 

combat trafficking and to target 

resources on prevention, protection, and 

prosecution programs. Worldwide, the 

report is used by international 

organizations, foreign governments, and 

nongovernmental organizations alike as 

a tool to examine where resources are 

most needed. Freeing victims, 

preventing trafficking, and bringing 

traffickers to justice are the ultimate 

goals of the report and of the U.S 

Government’s anti-human trafficking 

policy. 

The Department prepares the TIP 

Report using information from across 

the U.S. government, U.S. embassies, 

foreign government officials, 

nongovernmental and international 

organizations, published reports, and 

research trips to every region. The TIP 

Report focuses on concrete actions that 

governments take to fight trafficking in 

persons, including prosecutions, 

convictions, and prison sentences for 

traffickers, as well as victim protection 

measures and prevention efforts. Each 

TIP Report narrative also includes a 

section on recommendations. These 

recommendations are then used to assist 

in measuring progress from one year to 

the next and determining whether 

governments comply with the minimum 

standards to eliminate trafficking in 

persons or are making significant efforts 

to do so. 

The TVPA creates a three tier ranking 

system. This placement is based more 

on the extent of government action to 

combat trafficking than on the size of 

the problem, although that is a 

consideration. The Department first 

evaluates whether the government fully 

complies with the TVPA’s minimum 

standards for the elimination of 

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74046 Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 

trafficking. Governments that fully 

comply are placed on Tier 1. For other 

governments, the Department considers 

the extent of efforts to reach 

compliance. Governments that are 

making significant efforts to meet the 

minimum standards are placed on Tier 

2. Governments that do not fully comply 

with the minimum standards and are 

not making significant efforts to do so 

are placed on Tier 3. Finally, the 

Department considers Special Watch 

List criteria and, when applicable, 

moves Tier 2 countries to Tier 2 Watch 

List. For more information, the 2012 TIP 

Report can be found at http:// 

www.state.gov/j/tip/rls/tiprpt/2012/ 

index.htm. 

Since the inception of the TIP Report 

in 2001, the number of countries 

included and ranked has more than 

doubled to include 185 countries in the 

2012 TIP Report. Around the world, the 

TIP Report and the best practices 

reflected therein have inspired 

legislation, national action plans, 

implementation of policies and funded 

programs, protection mechanisms that 

complement prosecution efforts, and a 

comprehensive understanding of the 

issue. 

Since 2003, the primary reporting on 

the United States’ anti-trafficking 

activities has been through the annual 

Attorney General’s Report to Congress 

and Assessment of U.S. Government 

Activities to Combat Human Trafficking 

(‘‘AG Report’’) mandated by section 105 

of the TVPA (22 U.S.C. 7103(d)(7)). The 

United States voluntarily, through a 

collaborative interagency process, 

includes in the TIP Report an analysis 

of U.S. Government anti-trafficking 

efforts in light of the minimum 

standards to eliminate trafficking in 

persons set forth by the TVPA. This 

analysis in the TIP Report is done in 

addition to the AG Report, resulting in 

a multi-faceted self-assessment process 

of expanded scope. 

II. Minimum Standards for the 

Elimination of Trafficking in Persons 

The TVPA sets forth the minimum 

standards for the elimination of 

trafficking in persons as follows: 

(1) The government of the country 

should prohibit severe forms of 

trafficking in persons and punish acts of 

such trafficking. 

(2) For the knowing commission of 

any act of sex trafficking involving 

force, fraud, coercion, or in which the 

victim of sex trafficking is a child 

incapable of giving meaningful consent, 

or of trafficking which includes rape or 

kidnapping or which causes a death, the 

government of the country should 

prescribe punishment commensurate 

with that for grave crimes, such as 

forcible sexual assault. 

(3) For the knowing commission of 

any act of a severe form of trafficking in 

persons, the government of the country 

should prescribe punishment that is 

sufficiently stringent to deter and that 

adequately reflects the heinous nature of 

the offense. 

(4) The government of the country 

should make serious and sustained 

efforts to eliminate severe forms of 

trafficking in persons. 

The following factors should be 

considered as indicia of serious and 

sustained efforts to eliminate severe 

forms of trafficking in persons: 

(1) Whether the government of the 

country vigorously investigates and 

prosecutes acts of severe forms of 

trafficking in persons, and convicts and 

sentences persons responsible for such 

acts, that take place wholly or partly 

within the territory of the country, 

including, as appropriate, requiring 

incarceration of individuals convicted 

of such acts. For purposes of the 

preceding sentence, suspended or 

significantly reduced sentences for 

convictions of principal actors in cases 

of severe forms of trafficking in persons 

shall be considered, on a case-by-case 

basis, whether to be considered as an 

indicator of serious and sustained 

efforts to eliminate severe forms of 

trafficking in persons. After reasonable 

requests from the Department of State 

for data regarding investigations, 

prosecutions, convictions, and 

sentences, a government which does not 

provide such data, consistent with the 

capacity of such government to obtain 

such data, shall be presumed not to 

have vigorously investigated, 

prosecuted, convicted, or sentenced 

such acts. The Secretary of State may 

disregard the presumption contained in 

the preceding sentence if the 

government has provided some data to 

the Department of State regarding such 

acts and the Secretary has determined 

that the government is making a good 

faith effort to collect such data. 

(2) Whether the government of the 

country protects victims of severe forms 

of trafficking in persons and encourages 

their assistance in the investigation and 

prosecution of such trafficking, 

including provisions for legal 

alternatives to their removal to countries 

in which they would face retribution or 

hardship, and ensures that victims are 

not inappropriately incarcerated, fined, 

or otherwise penalized solely for 

unlawful acts as a direct result of being 

trafficked, including by providing 

training to law enforcement and 

immigration officials regarding the 

identification and treatment of 

trafficking victims using approaches 

that focus on the needs of the victims. 

(3) Whether the government of the 

country has adopted measures to 

prevent severe forms of trafficking in 

persons, such as measures to inform and 

educate the public, including potential 

victims, about the causes and 

consequences of severe forms of 

trafficking in persons, measures to 

establish the identity of local 

populations, including birth 

registration, citizenship, and 

nationality, measures to ensure that its 

nationals who are deployed abroad as 

part of a peacekeeping or other similar 

mission do not engage in or facilitate 

severe forms of trafficking in persons or 

exploit victims of such trafficking, and 

measures to prevent the use of forced 

labor or child labor in violation of 

international standards. 

(4) Whether the government of the 

country cooperates with other 

governments in the investigation and 

prosecution of severe forms of 

trafficking in persons. 

(5) Whether the government of the 

country extradites persons charged with 

acts of severe forms of trafficking in 

persons on substantially the same terms 

and to substantially the same extent as 

persons charged with other serious 

crimes (or, to the extent such extradition 

would be inconsistent with the laws of 

such country or with international 

agreements to which the country is a 

party, whether the government is taking 

all appropriate measures to modify or 

replace such laws and treaties so as to 

permit such extradition). 

(6) Whether the government of the 

country monitors immigration and 

emigration patterns for evidence of 

severe forms of trafficking in persons 

and whether law enforcement agencies 

of the country respond to any such 

evidence in a manner that is consistent 

with the vigorous investigation and 

prosecution of acts of such trafficking, 

as well as with the protection of human 

rights of victims and the internationally 

recognized human right to leave any 

country, including one’s own, and to 

return to one’s own country. 

(7) Whether the government of the 

country vigorously investigates, 

prosecutes, convicts, and sentences 

public officials who participate in or 

facilitate severe forms of trafficking in 

persons, including nationals of the 

country who are deployed abroad as 

part of a peacekeeping or other similar 

mission who engage in or facilitate 

severe forms of trafficking in persons or 

exploit victims of such trafficking, and 

takes all appropriate measures against 

officials who condone such trafficking. 

After reasonable requests from the 

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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 74047 

Department of State for data regarding 

such investigations, prosecutions, 

convictions, and sentences, a 

government which does not provide 

such data consistent with its resources 

shall be presumed not to have 

vigorously investigated, prosecuted, 

convicted, or sentenced such acts. The 

Secretary of State may disregard the 

presumption contained in the preceding 

sentence if the government has provided 

some data to the Department of State 

regarding such acts and the Secretary 

has determined that the government is 

making a good faith effort to collect 

such data. 

(8) Whether the percentage of victims 

of severe forms of trafficking in the 

country that are non-citizens of such 

countries is insignificant. 

(9) Whether the government of the 

country, consistent with the capacity of 

such government, systematically 

monitors its efforts to satisfy the criteria 

described in paragraphs (1) through (8) 

and makes available publicly a periodic 

assessment of such efforts. 

(10) Whether the government of the 

country achieves appreciable progress 

in eliminating severe forms of 

trafficking when compared to the 

assessment in the previous year. 

(11) Whether the government of the 

country has made serious and sustained 

efforts to reduce the demand for (A) 

commercial sex acts; and (B) 

participation in international sex 

tourism by nationals of the country. 

III. Information Sought Relevant to the 

Minimum Standards 

Submissions should include, but need 

not be limited to, answers to relevant 

questions below for which the submitter 

has direct professional experience and 

that experience should be noted. 

Citations to source material must also be 

provided. Note the country or countries 

that are the focus of the submission. 

Please see the Scope of Interest section 

for detailed information regarding 

submission requirements. 

1. How have trafficking methods 

changed in the past 12 months? (E.g., 

are there victims from new countries of 

origin? Is internal trafficking or child 

trafficking increasing? Has sex 

trafficking changed from brothels to 

private apartments? Is labor trafficking 

now occurring in additional types of 

industries or agricultural operations? Is 

forced begging a problem?) 

2. In what ways has the government’s 

efforts to combat trafficking in persons 

changed in the past year? What new 

laws, regulations, policies, and 

implementation strategies exist (e.g., 

substantive criminal laws and 

procedures, mechanisms for civil 

remedies, and victim-witness security, 

generally, and in relation to court 

proceedings)? 

3. Please provide observations 

regarding the implementation of 

existing laws and procedures. 

4. Is the government equally vigorous 

in pursuing labor trafficking and sex 

trafficking? 

5. Are the anti-trafficking laws and 

sentences strict enough to reflect the 

nature of the crime? Are sex trafficking 

sentences commensurate with rape 

sentences? 

6. Do government officials understand 

the nature of trafficking? If not, please 

provide examples of misconceptions or 

misunderstandings. 

7. Do judges appear appropriately 

knowledgeable and sensitized to 

trafficking cases? What sentences have 

courts imposed upon traffickers? How 

common are suspended sentences and 

prison time of less than one year for 

convicted traffickers? 

8. Please provide observations 

regarding the efforts of police and 

prosecutors to pursue trafficking cases. 

9. Are government officials (including 

law enforcement) complicit in human 

trafficking by, for example, profiting 

from, taking bribes, or receiving sexual 

services for allowing it to continue? Are 

government officials operating 

trafficking rings or activities? If so, have 

these government officials been subject 

to an investigation and/or prosecution? 

What punishments have been imposed? 

10. Has the government vigorously 

investigated, prosecuted, convicted, and 

sentenced nationals of the country 

deployed abroad as part of a 

peacekeeping or other similar mission 

who engage in or facilitate trafficking? 

11. Has the government investigated, 

prosecuted, convicted, and sentenced 

organized crime groups that are 

involved in trafficking? 

12. Is the country a source of sex 

tourists and, if so, what are their 

destination countries? Is the country a 

destination for sex tourists and, if so, 

what are their source countries? 

13. Please provide observations 

regarding government efforts to address 

the issue of unlawful child soldiering. 

14. Does the government make a 

coordinated, proactive effort to identify 

victims? Is there any screening 

conducted before deportation to 

determine whether individuals were 

trafficked? 

15. What victim services are provided 

(legal, medical, food, shelter, 

interpretation, mental health care, 

health care, repatriation)? Who provides 

these services? If nongovernment 

organizations provide the services, does 

the government support their work 

either financially or otherwise? 

16. How could victim services be 

improved? 

17. Are services provided equally and 

adequately to victims of labor and sex 

trafficking? Men, women, and children? 

Citizen and noncitizen? 

18. Do service organizations and law 

enforcement work together 

cooperatively, for instance, to share 

information about trafficking trends or 

to plan for services after a raid? What is 

the level of cooperation, 

communication, and trust between 

service organizations and law 

enforcement? 

19. May victims file civil suits or seek 

legal action against their trafficker? Do 

victims avail themselves of those 

remedies? 

20. Does the government repatriate 

victims? Does the government assist 

with third country resettlement? Does 

the government engage in any analysis 

of whether victims may face retribution 

or hardship upon repatriation to their 

country of origin? Are victims awaiting 

repatriation or third country 

resettlement offered services? Are 

victims indeed repatriated or are they 

deported? 

21. Does the government 

inappropriately detain or imprison 

identified trafficking victims? 

22. Does the government punish 

trafficking victims for forgery of 

documents, illegal immigration, 

unauthorized employment, or 

participation in illegal activities 

directed by the trafficker? 

23. What efforts has the government 

made to prevent human trafficking? 

24. Are there efforts to address root 

causes of trafficking such as poverty; 

lack of access to education and 

economic opportunity; and 

discrimination against women, children, 

and minorities? 

25. Does the government undertake 

activities that could prevent or reduce 

vulnerability to trafficking, such as 

registering births of indigenous 

populations? 

26. Does the government provide 

financial support to NGOs working to 

promote public awareness or does the 

government implement such campaigns 

itself? Have public awareness 

campaigns proven to be effective? 

27. Please provide additional 

recommendations to improve the 

government’s anti-trafficking efforts. 

28. Please highlight effective 

strategies and practices that other 

governments could consider adopting. 

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74048 Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 

Dated: December 6, 2012. 

Luis CdeBaca, 

Ambassador-at-Large, Office to Monitor and 

Combat Trafficking in Persons, U.S. 

Department of State. 

[FR Doc. 2012–30004 Filed 12–11–12; 8:45 am] 

BILLING CODE 4710–00–P 

DEPARTMENT OF STATE 

[Public Notice 8112] 

Culturally Significant Object Imported 

for Exhibition Determinations: 

‘‘Connecting Collections: Collecting 

Connections. 50 Years of PreColumbian Art at Dumbarton Oaks’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, and Delegation of 

Authority No. 236–3 of August 28, 2000 

(and, as appropriate, Delegation of 

Authority No. 257 of April 15, 2003), I 

hereby determine that the object to be 

included in the exhibition ‘‘Connecting 

Collections: Collecting Connections. 50 

Years of Pre-Columbian Art at 

Dumbarton Oaks,’’ imported from 

abroad for temporary exhibition within 

the United States, is of cultural 

significance. The object is imported 

pursuant to a loan agreement with the 

foreign owner or custodian. I also 

determine that the exhibition or display 

of the exhibit object at Dumbarton Oaks, 

Washington, DC, from on or about 

December 18, 2012, until on or about 

January 4, 2014, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. I have ordered that Public 

Notice of these Determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a 

description of the exhibit object, contact 

Paul W. Manning, Attorney-Adviser, 

Office of the Legal Adviser, U.S. 

Department of State (telephone: 202– 

632–6469). The mailing address is U.S. 

Department of State, SA–5, L/PD, Fifth 

Floor (Suite 5H03), Washington, DC 

20522–0505. 

Dated: November 30, 2012. 

J. Adam Ereli, 

Principal Deputy Assistant Secretary, Bureau 

of Educational and Cultural Affairs, 

Department of State. 

[FR Doc. 2012–30000 Filed 12–11–12; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 8113] 

Foreign Affairs Policy Board Meeting 

Notice; Closed Meeting 

In accordance with the Federal 

Advisory Committee Act, 5 U.S.C. App., 

the Department of State announces a 

meeting of the Foreign Affairs Policy 

Board to take place on January 3, 2013, 

at the Department of State, Washington, 

DC. 

The Foreign Affairs Policy Board 

reviews and assesses: (1) Global threats 

and opportunities; (2) trends that 

implicate core national security 

interests; (3) tools and capacities of the 

civilian foreign affairs agencies; and (4) 

priorities and strategic frameworks for 

U.S. foreign policy. Pursuant to section 

10(d) of the Federal Advisory 

Committee Act, 5 U.S.C. App § 10(d), 

and 5 U.S.C. 552b(c)(1), it has been 

determined that this meeting will be 

closed to the public as the Board will be 

reviewing and discussing matters 

properly classified in accordance with 

Executive Order 13526. 

For more information, contact 

Samantha Raddatz at (202) 647–2372. 

Dated: December 4, 2012. 

Marisa McAuliffe, 

Designated Federal Officer. 

[FR Doc. 2012–29991 Filed 12–11–12; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that a public interest Buy 

America waiver is appropriate for the 

use of American and Canadian steel and 

iron products in the construction of the 

New International Trade Crossing 

(NITC) project. 

DATES: The effective date of the waiver 

is December 13, 2012. 

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. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via email at 

michael.harkins@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 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 NITC project is a new border 

crossing proposed by the State of 

Michigan and the Government of 

Canada over the Detroit River linking 

Detroit, Michigan, to Windsor, Ontario. 

The State of Michigan and Canada 

signed a Crossing Agreement on June 

15, 2012, authorizing the construction of 

the NITC. This Crossing Agreement 

provides a framework for a Crossing 

Authority established by Canada to 

design, construct, finance, operate, and 

maintain a new International Crossing 

between Canada and Michigan, under 

the oversight of a jointly established 

International Authority, and through 

one or more Public-Private Agreements 

with one or more private sector 

Concessionaires. 

The Michigan components of the 

project that are not funded by the 

private sector Concessionaire(s) or by 

the US Federal government will be 

financed entirely with funds advanced 

by Canada (the ‘‘Canadian 

Contributions’’). These components 

include the interchange linking the 

bridge to I–75, the Michigan approach, 

and the Michigan plaza (collectively, 

the ‘‘Michigan Components’’). A record 

of decision (ROD) was signed by the 

FHWA for the NITC project on January 

14, 2009, pursuant to the National 

Environmental Policy Act (NEPA), after 

extensive consideration of various 

alternatives, including the no build 

alternative, that were identified in the 

draft environmental impact statement 

(DEIS). 

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. Here, the 

Governor of Michigan requests a waiver 

from Buy America on the basis that a 

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