2011-21404. 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 non-domestic 1/2″ × 0.008 steel fiber with ultimate tensile strength of 290ksi for experimental use in Ultra High Performance Concrete (UHPC) in Oregon and New York.

DATES:

The effective date of the waiver is August 23, 2011.

FOR FURTHER INFORMATION CONTACT:

For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, [phone], or via e-mail at [e-mail]. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, [phone], or via e-mail at [e-mail]. Office hours for the FHWA are from 8 a.m. to 4:30 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 to use non-domestic 1/2″ × 0.008 steel fiber with ultimate tensile strength of 290ksi for experimental use in UHPC in Oregon and New York.

In accordance with Division A, section 123 of the “Consolidated Appropriations Act, 2010” (Pub. L. 111-117), the FHWA published a notice of intent to issue a waiver on its Web site for 1/2″ × 0.008 steel fiber with ultimate tensile strength of 290ksi for experimental use in UHPC in Oregon and New York (http://www.fhwa.dot.gov/​construction/​contracts/​waivers.cfm?​id=​55) on April 4th. The FHWA received seven comments in response to the publication. Three commenters opposed the waiver request but did not provide information about domestic manufacturers. Three other commenters were in support of the waiver and suggested that domestic manufacturers of steel fibers should have been in production by now. Oregon Department of Transportation responded to each comment received for this waiver request. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers for 1/2″ × 0.008 steel fiber with ultimate tensile strength of 290ksi for experimental use in UHPC in Oregon and New York. Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers of 1/2″ × 0.008 steel fiber with ultimate tensile strength of 290ksi for experimental use in UHPC in Oregon and New York.

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 Oregon/New York waiver page noted above.

Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410.

Issued on: August 15, 2011.

Victor M. Mendez,

Administrator.