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Notice of Buy America Waiver Request Request

Action: Notice, request for comments.

Web posting date: 03/05/2012

Federal Register Notice of Finding Publication Date: 06/17/13

Effective Date of Federal Register: 06/18/13

Close of public comment period: 07/03/13

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 3 vehicles, Sedan or hatch back (Driver + 4 passenger capacity), two-wheeled drive with minimum 27 MPG. 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.

VTrans Contact; Ross MacDonald (802)-828-5577.


M. Kennedy 03/05/2012
Unless the waiver is being requested because there are no American vendors producing the vehicles (or something similar or inter-changeable), the waiver should not be granted.

Robert Lewis 03/05/2012
1. I would offer that the waiver be granted on the condition that the cars purchased be manufactured in the U.S., with a U.S.content exceeding a certain (high)percentage. This would be in keeping with the spirit if the Buy America requirement, but face the reality of today's global automobile manufacturing world. 2. I would also further offer the the FHA Buy America requirements be broken into sub-categories with varying degress of retrictive qualifications. It would appear that the original FHA Buy America requirements were developed when the FHA was funding and building highways and briges. When the FHA moved into funding rolling stock, qualifiers were put in to address those purchases. Now that the FHA is funding automobiles, buildings, and more, the narrowly focused requirements probably should be reviewed and updated. e.g. bridges/highways..100% U.S. content; buildings...structural steel, 100% U.S. made, accessorial items xx%, depending on the items; automobiles,..manufactured in the U.S., domestic content to exceed xx%. Or simply defer non-highway, non bridge funded items to comply with the FAR regulations.

Bill McGee 03/05/2012
I see no reasoning why an American automobile would not be purchased for this application and used in the United States.

Keith W. Raser 03/05/2012
If these vehicles fit the necessary requirements of seating capacity and the miles per gallon stipulation, then I cannot see any problems purchasing them wheever they are available. If purchase of an American vehicle is not possible due to the restrictions, then purchase of an import is necessary.

Norma Paulina 03/05/2012
Let's keep Buy America in everything, we have suffered enough giving multi-billion contracts to foreign companies that not only get tax preference but also get USD for research and components. Anything on green? We need this more than ever. United we Stand!

Molly Grabowski 03/05/2012
The GM Chevy Cruze is a 4 passenger sedan, made primarily in USA. The average gas mileage for this vehicle exceeds the 27 mpg desired by the State of Vermont.

Debbie Ruth 03/05/2012
I 100% plus agree with Robert Lewis Nd Norma Paulina. These regs were written to By in America, make an exception here and we will be making them all the time, which cost time and money. Stick to the rules.

MouhamadA. Naboulsi 03/05/2012
Simple answer is No. Just look at the economy and you'll know why.

besides, there are multiple U.S. Made vehicles (Including foreign name plates) that can fulfill the requirement.

I do not see the explanation for the need presented here. so unless buying an American made car will present a hardship for the state of Vermont, they should buy a U.S. made vehicle.

M S JAWADI 03/05/2012
Let's keep Buy America in everything, we have suffered enough giving multi-billion contracts to foreign companies that not only get tax preference but also get USD for research and components. We need this more than ever. Dont get trap into Lobbiests

I 100% agree with Norma and Debbie

George Jackson 03/05/2012
Buy in America is ok whilst China is being criticized for the same thing? Have a buy in America policy or a buy from America policy - choose.

Keith W. Raser 03/05/2012
If these vehicles are available here, why apply for the waiver? I suppport the Buy American Program, so why can't American-made vehicles fit this situation? What is their explanation for requesting the waiver?

Sandy Jastrzembski 03/05/2012
It is very simple...no waiver. There are plenty of "made in America"..."American" vehicles that qualify for Vermont.

Mike Muto 03/06/2012
Buy American only. It's like Zoning Codes: Where's the Hardship? Is the Hardship self created? No. Then no waiver. We need to buy American. We are inundated with tons and tons of cheap garbage and poisonous things from China! Oh, wait, we are becoming the United States of China! They loan us money, buy up our land and send us garbage. Sorry for the Rant.

Elaine Foley 03/06/2012
We have given enough money to other countries when we can't supply the product. This is not the case here American jobs are at stake. Buy America is wanted, needed and the best way to go. NO to waiver

Congressman Daniel Lipinski 03/07/2012
This waiver request should be denied. I have no doubt that there is an American-made car that is suitable for the Federal Highway Administration’s needs. We have Buy America laws for a reason: American taxpayer dollars should purchase American-made products and support American jobs. www.facebook.com/repdanlipinski

Ben 03/07/2012
Does "Buy American" mean a government-owned auto company (GM)? Does it mean an auto that might have been made in the south, like a Toyota, Honda, or Hyundai? Does it matter if its a foreign-based manufacturer with a large block of U.S. ownership in its stock?

Can someone clarify what buy American even is?

Chris 03/13/2012
Buying here means jobs here and my tax money stays here in the USA.

Kathy Crawford 03/16/2012
I can't believe that any vehicle needed doesn't already exist in America, made in America by American workers. Buy American!!!

roman zabicki jr 03/20/2012

Issa Tadros 03/20/2012
DENIED .... We have plenty of CHEVY VOLTS that fit these specs . there should be a motion to fire who ever made this motion to buy foregin

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Updated: 11/21/2017
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