Request

Action: Notice, request for comments.

Web posting date: 05/25/2010

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 Fall arrest system that is OSHA & ANSI compliant standards in 29 CFR 1926 subpart M; Arresting force 1,800lb, withstand impact energy of free fall distance of 6ft, Maximum deceleration distance 3 1/2 ft. in the state of New Jersey.

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.

NJDOT Contact: Eileen C. Sheehy 609-530-2307

Comments