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Notice of Buy America Waiver Request

Action: Notice, request for comments.

Web posting date: 06/15/2009

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

Effective Date of Federal Register: 08/05/09

Close of public comment period : 08/20/09

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 1" diameter stainless steel anchor bolts threaded 4" each end, meeting the requirements of ASTM F 594, Stainless alloy Group 6, Condition H in the state of Vermont.

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:: Kristin Higgins (802)-828-0053


John A. Ritz 06/17/2009
ASTM F594 is a Specification for Stainless Steel NUTS - not Anchor Bolts. Anchor Bolts are not covered by this specification.

Thomas J. Hickman 06/18/2009
The specification (F 594, Group 6 Condition H)referenced above is the ASTM specification for ";Standard Specification for Stainless Steel Nuts";. This specification does not cover 1"; diameter Stainless Steel Studs. The specification for the studs my actully be F 593. In either case this material can be purchaced in the US as a domestic product from Vegas Fastener Manufacturing, in Las Vegas Nevada. Phone No. 1-888-651-9223. This waiver should not be granted.

James LaCroix 06/23/2009
The specification required for this project is actually 1"; F 593, Group 6, Condition H Anchor Bolts with 1"; F 594, Group 6, Condition H Heavy Hex Nuts. The VAOT has received additional responses that the material is domestically produced and has notified the Contractor accordingly. Thank you for your responses.

Updated: 04/26/2024
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