Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 32219 

The http://www.regulations.gov site 

provides the option of providing 

comments by filling in a ‘‘General 

Comments’’ field, or by attaching a 

document. It is expected that most 

comments will be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘General Comments’’ 

field. 

A person requesting that information 

contained in a comment submitted by 

that person be treated as confidential 

business information must certify that 

such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. Confidential business 

information must be clearly designated 

as such and the submission must be 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

at the top and bottom of the cover page 

and each succeeding page. Any 

comment containing business 

confidential information must be 

submitted by fax to Sandy McKinzy at 

(202) 395–3640. A non-confidential 

summary of the confidential 

information must be submitted to 

http://www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

Information or advice contained in a 

comment submitted, other than business 

confidential information, may be 

determined by USTR to be confidential 

in accordance with section 135(g)(2) of 

the Trade Act of 1974 (19 U.S.C. 

2155(g)(2)). If the submitter believes that 

information or advice may qualify as 

such, the submitter— 

1. Must clearly so designate the 

information or advice; 

2. Must clearly mark the material as 

‘‘SUBMITTED IN CONFIDENCE’’ at the 

top and bottom of the cover page and 

each succeeding page; and 

3. Must provide a non-confidential 

summary of the information or advice. 

Any comment containing confidential 

information must be submitted by fax to 

Sandy McKinzy at (202) 395–3640. A 

non-confidential summary of the 

confidential information must be 

submitted to http://www.regulations.gov 

or by fax. The non-confidential 

summary will be placed in the docket 

and open to public inspection. 

USTR will maintain a docket on this 

dispute settlement proceeding, 

accessible to the public. The public file 

will include non-confidential comments 

received by USTR from the public with 

respect to the dispute; if a dispute 

settlement panel is convened or in the 

event of an appeal from such a panel, 

the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions, 

received from other participants in the 

dispute; the report of the panel; and, if 

applicable, the report of the Appellate 

Body. 

Comments will be placed in the 

docket and open to public inspection 

pursuant to 15 CFR § 2006.13, except 

confidential business information 

exempt from public inspection in 

accordance with 15 CFR 2006.15 or 

information determined by USTR to be 

confidential in accordance with 19 

U.S.C. 2155(g)(2). Comments open to 

public inspection may be viewed on the 

http://www.regulations.gov Web site. 

Daniel Brinza, 

Assistant United States Trade Representative 

for Monitoring and Enforcement. 

[FR Doc. E9–15861 Filed 7–6–09; 8:45 am] 

BILLING CODE 3190–W9–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 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 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via e-mail 

at 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 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