Request
Action: Notice, request for comments.
Web posting date: 08/24/2009
Federal Register Notice of Finding Publication Date:
10/15/09
Effective Date of Federal Register:
10/16/09
Close of public comment period:
10/31/09
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 42" Vanessa Butterfly waterline valves, series 30,000 w/zero leakage in the state of City of Colorado Springs.
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:: Don Krueger (719)-385-5385, City of Colorado Springs
Comments
| Edward Schutz 09/07/2009 |
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Henry Pratt Company of Aurora, IL manufactures 42" Butterfly Valves which can meet FHWA Buy American requirements. We offer 150, 250, and 350 PSI working pressure ratings, with zero leakage, in the 42" size. We request the opportunity to discuss the City of Colorado Springs needs, to confirm our valves can meet their application requirements prior to issuance of any waiver. I can be reached at (630)844-4144. Thank you. Edward J. Schutz Director of Sales, Henry Pratt Company.
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| Dan Krueger - City of Colorado Springs 09/17/2009 |
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To Whom it May Concern:
The City of Colorado Springs and Colorado Springs Utilities have followed up on the contact requested by Mr. Schutz. In addition, we have completed a review of the information submitted to the City of Colorado Springs concerning the valves that the Henry Pratt Company supplies.
The 42" water line that requires relocation due to the Woodmen Road Corridor Improvement Project is owned and operated by Colorado Springs Utilities (CSU). As a result, the technical review of the valves proposed by Ed Schutz of the Henry Pratt Company was conducted primarily by representatives of CSU. It should be noted that CSU utilizes Henry Pratt Company valves in the water system, but in lower pressure applications. The CSU representatives commented that Henry Pratt Company was reputable and makes good quality products.
The 42" water line is a major water supply line for the City of Colorado Springs and supplies approximately one third of the water to our City and also provides fire protection. In addition, the water line operates at very high pressures. As a result, specialized equipment is required for this water line and water line relocation.
The 42" water line's maximum day demand is 60 MGD at 304 psi. The design criteria and specifications are 456 psi. Therefore, ANSI B16.34 Class 300 (740 psi) valves were specified for the project.
The City and CSU representatives reviewed information supplied by Mr. Schutz for the valves mentioned in his comment. The CSU technical review of the HP 350 Zero Leakage Butterfly Valve yielded results that did not meet the requirements of ANSI B16.34 Class 300 (740 psi). This was confirmed by Mr. Schutz in a telephone conversation on September 15, 2009. As a result, the valves proposed by Henry Pratt Company were deemed not suitable for use for this specific project. This is documented in a letter from CSU to Mr. Schutz on September 16, 2009. This letter was acknowleged and agreed via Mr. Schutz's signature. A copy of this letter has been provided to a FHWA representative in Denver, Colorado and is also available upon request.
The City of Colorado Springs and Colorado Springs Utilities appreciates the Henry Pratt Company's request for an opportunity to supply valves for this project. In addition, we appreciate Mr. Schutz's assistance and professionalism as we worked to resolve his request.
As a result, the City of Colorado Springs believes that the conditions for the Buy American Waiver have been met. Therefore, we request that a waiver be granted.
Sincerely,
Dan Krueger Senior Civil Engineer City of Colorado Springs
Adam Baker Utility Coordinator Colorado Springs Utilities
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