Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices 58295 

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 New York and Rhode Island. 

DATES: The effective date of the waiver 

is October 7, 2008. 

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 a notice of intent to issue a waiver 

for Center Pivot Bearing Assembly in 

New York http://www.fhwa.dot.gov/ 

construction/contracts/ 

waivers.cfm?id=14 on July 14, and 

stainless steel clad reinforcing bars (for 

experimental research) in Rhode Island 

http://www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=18 on August 

12. The FHWA received a comment in 

response to Center Pivot Bearing 

Assembly which suggested that the 

Center Pivot Bearing may be available 

domestically. Further investigation and 

inquiry revealed that the product is not 

available domestically. Some comments 

received in response to stainless steel 

clad rebars suggested that solid stainless 

rebar should be used, and that stainless 

clad rebar may be more expensive than 

solid stainless rebar. Other commenters 

disagreed with this position. The Rhode 

Island DOT’s waiver request is to 

evaluate the stainless clad reinforcing 

bars under an experimental project. 

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 these 

products and a Buy America waiver is 

appropriate as provided by 23 CFR 

635.410(c)(1). 

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. 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 New York 

and Rhode Island waiver pages noted 

above. 

(Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410) 

Issued on: September 29, 2008. 

Thomas J. Madison, Jr. 

Federal Highway Administrator. 

[FR Doc. E8–23574 Filed 10–3–08; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Theft Prevention 

Standard; CHRYSLER 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the Chrysler LLC, (Chrysler) petition for 

exemption of the Dodge Journey vehicle 

line in accordance with 49 CFR Part 

543, Exemption from the Theft 

Prevention Standard. This petition is 

granted because the agency has 

determined that the antitheft device to 

be placed on the line as standard 

equipment is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements of the Theft 

Prevention Standard (49 CFR Part 541). 

DATES: The exemption granted by this 

notice is effective beginning with the 

2010 Model Year (MY). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carlita Ballard, International Policy, 

Fuel Economy and Consumer Programs, 

NHTSA, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. Ms. Ballard’s 

phone number is (202) 366–0846. Her 

fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: In a 

petition dated July 15, 2008, Chrysler 

requested an exemption from the partsmarking requirements of the theft 

prevention standard (49 CFR Part 541) 

for the Dodge Journey vehicle line, 

beginning with MY 2010. The petition 

requested an exemption from partsmarking requirements pursuant to 49 

CFR 543, Exemption from Vehicle Theft 

Prevention Standard, based on the 

installation of an antitheft device as 

standard equipment for the entire 

vehicle line. 

Under Section § 543.5(a), a 

manufacturer may petition NHTSA to 

grant exemptions for one of its vehicle 

lines per year. Chrysler has petitioned 

the agency to grant an exemption for its 

Dodge Journey vehicle line beginning 

with MY 2010. In its petition, Chrysler 

provided a detailed description and 

diagram of the identity, design, and 

location of the components of the 

antitheft device for the new vehicle line. 

Chrysler will install the Sentry Key 

Immobilizer System (SKIS) antitheft 

device as standard equipment on the 

vehicle line. The major components of 

the SKIS device consists of a powertrain 

control module, integrated power 

module, sentry key remote entry module 

(SKREEM), fob with integrated key 

(FOBIK) and an electromechanical 

instrument cluster which controls the 

telltale function only. All of these 

components work collectively to 

perform the immobilizer function. 

Chrysler stated that the SKIS provides 

passive vehicle protection by preventing 

the engine from operating unless a valid 

electronically encoded key is detected 

in the ignition lock cylinder. The 

immobilizer feature is activated when 


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