|FHWA > Engineering > Construction > Contract Admin > Notice of Buy America Waiver Request > Request|
Action: Notice, request for comments.
Web posting date: 03/22/2010
Federal Register Notice of Finding Publication Date: 07/02/10
Effective Date of Federal Register: 07/06/10
Close of public comment period: 07/21/10
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 ASTM A 722M (150ksi) 1 7/8 inch diameter in the state of California.
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.
State contact: Steven Hulsebus 510-867-6014
The FHWA has received a request from Caltrans to waive the Buy America provisions for high strength steel bars ASTM A 722M (150ksi) 1 7/8 inch diameter for emergency eye bar repairs that occurred for the San Francisco Oakland Bay Bridge for Caltrans contracts CCM, EA 04-456804 and MCM, EA 04-068304, which were awarded on 09/05/2009 and 10/27/2009 respectively and completed on 09/08/2009 and 01/24/2010. These contracts stemmed from in-depth inspection of eye bars which revealed that the high strength steel bars (1 7/8 inches in diameter) were in danger of breaking and as such creating an urgent safety issue, which caused Caltrans to close the bridge. These repairs were emergency repairs that do not require prior FHWA authorization. Caltrans conducted a search and was not able to find a domestic source for the high strength steel bars ASTM A 722M (150ksi) 1 7/8 inch diameter. As a result, Caltrans proceeded to utilize a foreign source for this product. Based on the emergency situation, and Caltrans reasonable efforts to comply with Buy America, the FHWA is considering waiving the provisions of Buy America as being inconsistent with the public interest pursuant to 23 USC 313(b)(1) and 23 CFR 635.410(c)(1)(i). Accordingly, the FHWA is seeking comments on waiving Buy America for this project based on its application being inconsistent with the public interest.
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