Buy America Waiver Notification, 32219 [E9-15854]

Download as PDF Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices The https://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 https://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 https://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 non- VerDate Nov<24>2008 14:45 Jul 06, 2009 Jkt 217001 confidential 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 https://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: https:// www.archives.gov and the Government Printing Office’s database at: https:// www.access.gpo.gov/nara. Background The FHWA’s Buy America regulations in 23 CFR 635.410 require a domestic PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 32219 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 (https:// 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 E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Page 32219]
From the Federal Register Online via the Government Printing 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 
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: https://www.archives.gov and the 
Government Printing Office's database at: https://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 (https://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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