Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4501 

The FHWA received no comments in 

response to the Steel API 5L, Grade X52 

PSL2 wall tubing in New Jersey and the 

drive machinery brakes in New York, 

which suggested that the Steel API 5L 

Grade X52 PSL2 wall tubing and 

machinery brakes may not be available 

domestically. The FHWA received one 

comment in response to four forged 

steel sheave hubs in Massachusetts, and 

machinery and motor brakes in Florida, 

respectively. The comment for the four 

forged steel sheave hubs in 

Massachusetts recommends that the 

certification should be reviewed prior to 

material purchase. Massachusetts 

Highway Department indicated that it 

has a material certification procedure 

for their highway construction program. 

The comment for the machinery and 

motor brakes in Florida suggested that 

the design needs be reconsidered to 

make it more attractive to domestic 

sources. The Florida DOT stated that 

alteration in the design of the motor 

brakes is not feasible and that the 

current design is in compliance with the 

capacity of the bridge. Further 

investigation and inquiry revealed that 

the products are not available 

domestically. 

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 Steel 

API 5L, Grade X52 PSL2 wall tubing, 

drive machinery and brakes, machinery 

and motor brakes, and four forged steel 

sheave hubs. 

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 New 

Jersey, New York, Massachusetts and 

Florida waiver pages noted above. 

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

23 CFR 635.410.) 

Issued on: January 15, 2009. 

Thomas J. Madison, Jr., 

Federal Highway Administrator. 

[FR Doc. E9–1516 Filed 1–23–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: 

Essex and Middlesex Counties, MA 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of intent. 

SUMMARY: The FHWA is issuing this 

notice, in accordance to the National 

Environmental Policy Act of 1969 

(NEPA) and its implementing 

regulations contained in 23 CFR part 

771, to advise the public that an 

Environmental Impact Statement (EIS) 

will be prepared for proposed highway 

improvements and an interchange 

project on Interstate 93 (I–93) in Essex 

and Middlesex Counties, Massachusetts. 

FOR FURTHER INFORMATION CONTACT: John 

McVann, Director of Project Delivery, 

Federal Highway Administration, 55 

Broadway Floor, Cambridge, 

Massachusetts 02142, Telephone: (617) 

494–2416. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the 

Massachusetts Highway Department 

(MassHighway), will prepare an 

Environmental Impact Statement (EIS) 

on a proposal to improve I–93 in Essex 

and Middlesex Counties, Massachusetts. 

The proposed project would involve 

highway improvements to I–93 and the 

construction of a new break-in-access 

interchange near the Andover/ 

Tewksbury/Wilmington town borders. 

Improvements to the I–93 corridor were 

examined in the Route I–93 Corridor 

Traffic Study finalized in 2004 and 

endorsed by the Merrimack Valley 

Metropolitan Planning Organization 

(MPO). The proposed break-in-access 

was the subject of an Interchange 

Justification Report dated July 2006, and 

conditionally approved by FHWA 

pending the completion of the NEPA 

process. Because it is anticipated that 

the resulting project may allow for 

general economic development 

opportunities, the Commonwealth of 

Massachusetts Executive Office of 

Housing and Economic Development 

(EOHED) is a partnering agency with 

MassHighway in this project. 

The proposed project is to provide 

improvements for the existing and 

projected traffic demand, as well as to 

improve safety in the area where the use 

of the breakdown lane is allowed for 

regular vehicle travel during morning 

and evening peak periods. The proposed 

interchange will provide access to all 

three towns including potential new 

development sites. Alternatives under 

consideration include: (1) Taking no 

action; (2) Transportation Demand 

Management (TDM); (3) using alternate 

travel modes; (4) providing 

improvements at other local and 

interstate roadway network locations; 

and (5) constructing a new interchange. 

Design variations of grade, alignment, 

and access will be incorporated into and 

studied with the various build 

alternatives. 

A formal scoping meeting will be held 

at the Tewksbury Town Hall 

Auditorium on March 19, 2009, from 2 

p.m. to 4 p.m. (EST) for the participating 

agencies, and from 4 p.m. to 8 p.m. 

(EST) for the general public. Letters 

describing the proposed action and 

soliciting comments will be sent to 

appropriate Federal, State, and local 

agencies, and to private organizations 

and citizens who have previously 

expressed or are known to have interest 

in this proposal. A series of public 

meetings will be held in Andover, 

Tewksbury and Wilmington, 

Massachusetts throughout 2009. In 

addition, a public hearing will be held 

within 60 days of the availability of the 

draft EIS. Public notice will be given of 

the time and place of the meetings and 

hearing. The draft EIS will be available 

for public and agency review and 

comment prior to the public hearing. 

Comments and suggestions are invited 

from all interested parties during the 

appropriate step in the NEPA process to 

ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified. Comments or questions 

concerning this proposed action and the 

EIS should be directed to the FHWA at 

the address provided above. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Issued on: January 15, 2009. 

Lucy Garliauskas, 

Division Administrator. 

[FR Doc. E9–1422 Filed 1–23–09; 8:45 am] 

BILLING CODE 4910–22–M 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Action 

on PIN 8006.72, New York State Route 

17 at Exit 122 Within the Town of 

Wallkill, Orange County, NY 

AGENCY: Federal Highway 

Administration (FHWA), DOT.