Request

Action: Notice, request for comments.

Web posting date: 12/09/2008

Federal Register Notice of Finding Publication Date: 01/26/09

Effective Date of Federal Register: 01/27/09

Close of public comment period: 02/11/09

Summary: The Federal Highway Administration (FHWA) is seeking comments on whether a waiver of the Buy America requirements of 23 CFR 635.410 should be granted to permit the use of non-domestic Machinery brakes; 19" diameter chrome plated brake wheel set to 2000 ft-lb torque, and Motor brakes: 10" diameter chrome plated brake wheel set to 125 ft-lb torque in the state of Florida.

FHWA will only consider a Buy America waiver when the conditions of 23 CFR 635.410( c) have been met: (1) when the application of the provision would be inconsistent with the public interest; or (2) when steel and iron products are not produced in the United States in sufficient and reasonably available quantities, which are of a satisfactory quality.

The FHWA will consider all comments received in the initial 15-day comment period during our evaluation of the waiver request. Comments received after this period, but before notice of our finding is published in the Federal Register, will be considered to the extent practical. Follow-up coordination on the comments received may result in a delay in the publication of our waiver finding in the Federal Register. Comments received during the 15-day comment period after notice of our finding is published in the Federal Register will be reviewed, but the finding will continue to remain valid. Comments received during the comment period after the effective date of the finding will be reviewed, and may influence the FHWA's decision to terminate or modify a finding.

Contact: Ernest Garcia (386)961-7849

Comments

Pete Crisucci 12/12/2008

What makes these items so unusual? Maybe the design should be reconsidered to make it more attractive to domestic sources. The buy american requirements should be followed as much as possible without taking the easy way out.

Jeff Williams 12/22/2008

The following comments hopefully will address the comments/concerns expressed by Mr. Crisucci above, entered on 12-12-08. The project team which includes the Department, the Engineer of Record, the inspection consultant, and the contractor have exhausted all means possible to find a brake manufacturer in the United States that is willing to certify in writing that their brakes (made to the specifications of the project) meet all requirements of the Buy American Act. After an intensive search, we found one manufacturer that came close but in written correspondence back to us was unwilling to certify this in writing because they could not attest to the origin of each component thus the possibility of portions of the brake being of foreign manufacture. Movable bridge brakes are complicated and require time tested proven designs in order to insure the safety of the public. To alter the design wouldn’t attract domestic manufacturers any more than the current design and would only serve to reduce the reliability. Finally, the team would love nothing better to find a domestic brake manufacturer willing to certify in writing their brakes meet Buy American but in lieu of this happening, has spent countless hours researching the subject, making countless telephone calls, consulted with numerous experts, gathering volumes of documentation and backup material all in preparation for this waiver request. The team welcomes any and all comments. If anyone would like additional information, I can be reached by clicking on my name and sending me an email or you can make a comment and I will monitor and respond. Best Regards, Jeff Williams, Florida DOT.

Contact

Edwin Okonkwo
Office of Program Administration
202-366-1558
E-mail Edwin

PDF files can be viewed with the Acrobat® Reader®

Updated: 05/21/2013