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[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Page 58294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23571]

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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 Maine, California, and 
Oregon.

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, [email protected]. For legal 
questions, please contact Mr. Michael Harkins, FHWA Office of the Chief 
Counsel, (202) 366-4928, [email protected]. 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 application of the requirements 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 three specific cases.
    In accordance with section 130 of Division K of the ``Consolidated 
Appropriations Act, 2008'' (Pub. L. 110-161), on July 24, 2008, the 
FHWA published on its Web site a notice of intent to issue a waiver for 
a Casing shoe for dual rotary drill rig in Maine (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=16) and for 
Self-drill and Grout Dowels and Self-Drill Grout spiles in California 
(http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=15). In 
addition, on July 31, 2008, the FHWA published a notice of intent on 
its Web site to issue a waiver (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=17) for 1'' Hollow Core Anchors for a Federal-
aid railroad project in Oregon. No comments were received in response 
to either of these notices. During the 15-day comment period, the FHWA 
conducted a nationwide review to locate potential domestic 
manufacturers. Based on all the information available to the Agency, 
including the lack of response 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 Maine, California and Oregon 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. E8-23571 Filed 10-3-08; 8:45 am]
BILLING CODE 4910-22-P
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