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.

Comments

Dean Rager 03/26/2010

The By American provision is a no brainer! If you are an American? Then By American. If safety is a factor then have the American Bar inspected. Which is another no brainer. What is all the fuss about? We need the bar, jobs,safety, and most of all we are all American brothers and sisters. Keep in mind we are looking at you when you make your determination puplic!

Chris Weld 04/07/2010

We understand that Gerdau Ameristeel manufactures the product in question in the United States. As a result, this waiver should not be granted. For additional information about Gerdau's manufacture of this product, please contact the following Gerdau employees: Jim Kerkvliet: (jkerkvliet@gerdauameristeel.com) or (813) 319-4323) OR Steve Simpson: 813-207-2349

Steven Hulsebus 04/12/2010

Time was of the essence. The bridge was closed to the over 280,000 people who use it on a daily basis. Caltrans goal was to ensure the safety of the bridge and reopen it as soon as possible. The contractor was not able to locate the specified steel bar from a domestic source. The contractor did have the proper steel bars from a non-domestic source on hand. The decision was made to use the non-domestic steel bars, as this was the way to safely reopen the bridge to motorists and minimize the inconvenience to the public and economic toll to businesses affected by the bridge closure. To wait longer to find a domestic steel bar would have meant the bridge would have been closed longer and would have been a greater burden to the public. The decision to use the non-domestic steel bars was made in the best interests to the public.

Steven Hulsebus 04/14/2010

The item in question are high strength steel bars (1 7/8 inches in diameter). These steel bars were used to fix the broken eyebar. This waiver request does not request approval for any eyebars. Caltrans made a good faith effort to search for domestic steel bars and the following is the list of fabricators that were contacted:

XKT, Vallejo (Mare Island), CA; Greg Forbes Oregon Iron Works, Vancouver, WA; Thomas J. Hickman, VP Sales & Marketing Stinger Welding, Coolidge, AZ;Justin Murphy, VP Operations Thompson Metal Fab, Vancouver, WA; Brad Murphy Fought & Co., Tigard, OR; Dan Altenhoffen

Fabricators were contacted rather than steel suppliers because of the time concern. The fabricators needed to craft the steel bars to the specific requirements of the emergency fix - so they were the ones contacted to see if they had the necessary material already on hand. If they had the material on hand from a domestic source, Caltrans would have used that. To find a supplier and then have them ship the material to a fabricator and then have the fabricator craft the fix would have taken more time.

Contact

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

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Updated: 05/21/2013