[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Page 32219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15854]


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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 the use of foreign U-69 
guard bars, Manganese Castings, Turnout braces, and weld kits in the 
Federal-aid construction project for the CREATE Project in Illinois.

DATES: The effective date of the waiver is July 8, 2009.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Gerald Yakowenko, FHWA Office of Program 
Administration, (202) 366-1562, or via e-mail at 
<a href="/cdn-cgi/l/email-protection#21464453404d450f58404a4e56444f4a4e61454e550f464e57"><span class="__cf_email__" data-cfemail="53343621323f377d2a32383c24363d383c13373c277d343c25">[email protected]</span></a>. For legal questions, please contact Mr. 
Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or 
via e-mail at <a href="/cdn-cgi/l/email-protection#7c11151f141d191052141d0e1715120f3c181308521b130a"><span class="__cf_email__" data-cfemail="dab7b3b9b2bbbfb6f4b2bba8b1b3b4a99abeb5aef4bdb5ac">[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 regulations in 23 CFR 635.410 require 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 of such 
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 the U-69 
guard bars, Manganese Castings, Turnout braces, and weld kits for the 
CREATE project in Illinois.
    In accordance with Division I, section 126 of the ``Omnibus 
Appropriations Act, 2009'' (Pub. L. 111-8), the FHWA published a notice 
of intent to issue a waiver on its Web site for the U-69 guard bars, 
Manganese Castings, Turnout braces, and weld kits (http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=33) on May 20th. 
The FHWA received no comments in response to this notice, which 
suggested that the U-69 guard bars, Manganese Castings, Turnout braces, 
and weld kits may not be available domestically. During the 15-day 
comment period, the FHWA conducted an additional nationwide review to 
locate potential domestic manufacturers for the U-69 guard bars, 
Manganese Castings, Turnout braces, and weld kits. Based on all the 
information available to the agency, the FHWA concludes that there are 
no domestic manufacturers for the U-69 guard bars, Manganese Castings, 
Turnout braces, and weld kits. Thus, the FHWA concludes that 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 
link provided to the Illinois waiver page noted above.

    Authority: 23 U.S.C. 313; Public Law 110-161, 23 CFR 635.410.

    Issued on: June 26, 2009.
King W. Gee,
Associate Administrator for Infrastructure.
[FR Doc. E9-15854 Filed 7-6-09; 8:45 am]
BILLING CODE 4910-22-P


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