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Notice of Buy America Waiver Request

Action: Withdrawn

Web posting date: 03/13/2017

Federal Register Notice of Finding Publication Date: To be determined.

Effective Date of Federal Register: To be determined.

Close of public comment period : 15 days following the effective date.

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 Two VOITH Turbo 16GII/100 propulsion units for construction of River class passenger/vehicle Ferry (Note: on 9/29/2021, North Carolina DOT withdrew this waiver request) in the state of North Carolina.

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.

NCDOT Contact: Sterling Baker, (252)-482-1850, sbaker@ncdot.gov

Request Letter (.pdf. 0.1 mb)


Dave J. Kubicek 03/20/2017
No exceptions taken on request.

Gary Strome 03/20/2017
Then....Perhaps a different engine config should be considered....like one made in the US. The reason specific engines are not made is everyone attempting to end run the the Buy American.

David Iungerich 03/21/2017
Only US products should be used! Come on, really? Why would we jeopardize any American and all Americans by using sub-par materials to build what is necessary to fulfill the needs of all Americans as a whole? WE ARE BETTER THAN THAT!

Updated: 04/26/2024
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