[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Page 2152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-557]


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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, <a href="/cdn-cgi/l/email-protection#5c3b392e3d303872253d37332b393237331c383328723b332a"><span class="__cf_email__" data-cfemail="3d5a584f5c515913445c56524a585356527d595249135a524b">[email protected]</span></a>. For legal 
questions, please contact Mr. Michael Harkins, FHWA Office of the Chief 
Counsel, (202) 366-4928, <a href="/cdn-cgi/l/email-protection#620f0b010a03070e4c0a0310090b0c1122060d164c050d14"><span class="__cf_email__" data-cfemail="aec3c7cdc6cfcbc280c6cfdcc5c7c0ddeecac1da80c9c1d8">[email protected]</span></a>. 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<gr-thn-eq> diameter hollow-core threaded 
anchor rod which suggested that the 1<gr-thn-eq> 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<gr-thn-eq> 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


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