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Buy America Waiver Notification

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Information about this document as published in the Federal Register.

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Federal Highway Administration (FHWA), DOT.




This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the purchase of foreign seismic isolation bearing for construction of Federal-aid project #BHS-37XX(001) in Washington State.


The effective date of the waiver is July 1, 2010.

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For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366-1562, or via e-mail at For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366-4928, or via e-mail at Office hours for the FHWA are from 7:45 a.m. to 4:15 p.m., est., Monday through Friday, except Federal holidays.

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Electronic Access

An electronic copy of this document may be downloaded from the Federal Register's home page at: and the Government Printing Office's database at:​nara.


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 seismic isolation bearings in Washington State.

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 the seismic isolation bearing (​construction/​contracts/​waivers.cfm?​id=​44) on Start Printed Page 37878February 16. The FHWA received no comments in response to the notice which suggests that the seismic isolation bearings may not be available domestically. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers for the seismic isolation bearing. Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers for the seismic isolation bearing.

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 Washington waiver page noted above.

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

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Issued on: June 23, 2010.

Victor M. Mendez,


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[FR Doc. 2010-15799 Filed 6-29-10; 8:45 am]