Notice of Nonavailability Buy America Waiver Request
Action: Notice, request for comments.
Web posting date: 08/29/2025
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 to issue a non-availability waiver of its Buy America requirements to the Port of Los Angeles to permit the use of non-domestic fully locked coil carbon steel cables and their respective attachments (NAICS: 237310): galvanized cylindrical sockets, galvanized spherical nuts, and galvanized fatigue resistant adjustable open spelter socket (collectively "“the waiver items"). The waiver items are proposed to be incorporated into the Port of Los Angeles-Rail Mainline/Wilmington Community & Waterfront Pedestrian Grade Separation Bridge, which will span over two mainline freight tracks in the Port of Los Angeles. The United States Department of Transportation (USDOT) has selected this project as a recipient of a Reconnecting Communities and Neighborhoods (RCP) (Assistance Listing 20.940) Grant under the Fiscal Year 2023 RCP Notice of Funding Opportunity. Prior to the award of the grant, the design for the project called for zinc-aluminum coated fully locked carbon steel cables due to their superior resistance to corrosion, which was identified as a significant concern due to the bridge's location in a marine environment. The estimated combined cost of the waived items is $400,000.
FHWA's Buy America requirements at 23 U.S.C. 313 and 23 CFR 635.410(b)(1) provide that all steel and iron materials that are permanently incorporated into a project must be domestically manufactured.
Between May and November, 2024, the Port of Los Angeles conducted market research for fully locked carbon steel cables and determined that such cables are not manufactured domestically. In addition, the Port of Los Angeles found that the respective attachments of nuts and sockets are made specifically to match the restrainer and suspender cables, meaning that they will need to be produced by the same manufacturer, none of which is domestic. The Port of Los Angeles contacted multiple manufacturers, none of which could domestically produce the waiver items. Additionally, in November 2024, the Port of Los Angeles coordinated its market research with the National Institute of Standards and Technology's Manufacturing Extension Partnership (NIST MEP), using their supplier scouting service to attempt to identify any domestic manufacturers of the waiver items. No domestic manufacturer of the waiver items or similar equivalent items was identified. The market research and the results of the NIST MEP supplier scouting are documented in the waiver request.
This proposed waiver would be limited to purchases of the waiver items by the Port of Los Angeles, its contractors, or subcontractors (of whatever tier) for the Port of Los Angeles-Rail Mainline/Wilmington Community & Waterfront Pedestrian Grade Separation Bridge project. This proposed waiver would not apply to purchases made for any other products or projects. This waiver would be effective from the effective date of the final waiver through the period of performance and closeout of the project, which the Port of Los Angeles has estimated to be in April 2027.
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.
Request Letter (.pdf, 10.3 mb)
Comments
| Charles Smith 09/04/2025 |
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Emails and Information provided in the request letter are dated from 2015 & 2016. Is there any more current information? If Locked Coil Cable is as good as stated in the research request letter, why are US manufacturers not offering this option? The technology and research is now 10 years old. As with the Locked Coil Cable, if GALFAN is as good as stated in the research, why are domestic manufacturers not pursuing this coating option? Again, information appears to be 10 years old.
Designers that are requesting these materials had the 2015 & 2016 research showing the items were not available domestically. Is this a technology that has great value in use for the future? IF so, why not get Industry in the US on board now so on much larger jobs it can be used in all coastal regions.
I believe the BABA De Minimus allowance would permit the $400,000 estimated foreign material.
In addition, if a waiver is granted here, it should be granted for any job that would like to use this technology, as long as project personnel can show proof of burden that they have reached out to US manufacturers making the request and the materials is not currenlty available.
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