2152 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

transportation between the European 

Community and the Member States of 

the European Union and the United 

States, consistent with the U.S.-EU Air 

Transport Agreement. 

Docket Number: DOT–OST–1998– 

3876. 

Date Filed: December 11, 2008. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: January 2, 2009. 

Description: Application of Shuttle 

America Corporation (‘‘Shuttle 

America’’) requesting an amendment of 

its certificate of public convenience and 

necessity to remove the restriction 

which currently limits Shuttle 

America’s scheduled passenger 

authority using large aircraft to 

operations conducted under fee-forservice agreements with U.S. air 

carriers. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E9–696 Filed 1–13–09; 8:45 am] 

BILLING CODE 4910–9X–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 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 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Utah 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by FHWA 

and Other Federal Agencies. 

SUMMARY: This notice announces actions 

taken by the FHWA that are final within 

the meaning of 23 U.S.C. 139(l)(1). The 

actions relate to the proposed Layton 

Interchange project in Davis County in 

the State of Utah. Those actions grant 

approvals for the highway project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 139(l)(1). A 

claim seeking judicial review of the 

FHWA actions on the highway project 

will be barred unless the claim is filed 

on or before July 13, 2009. If the Federal 

law that authorizes judicial review of a 

claim provides a time period of less 

than 180 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward Woolford, Project Manager, 

Federal Highway Administration, 2520 

West 4700 South, Suite 9A, Salt Lake 


sroberts on PROD1PC70 with NOTICES