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Notice of Buy America Waiver Request Request

Action: Notice, request for comments.

Web posting date: 03/06/2012

Federal Register Notice of Finding Publication Date: 10/31/12

Effective Date of Federal Register: 11/06/12

Close of public comment period: 11/21/12

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 Alpine de Sécurité (TAS) Gazex® Avalanche Exploder in the state of Utah.

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.

Utah DOT Contact: Lee Nitchman (801) 975-4941.


M. Kennedy 03/06/2012
This is a $1,000,000 project and this waiver is asking that $544,000 be sent to a French manufacturer. Absolutely, safety is of the utmost concern for both the community and the technicians handling equipment and explosives. I believe that there must be alternative active intervention methods that are manufactured domestically. Solar powered, radio-controlled, something that is similar to the mitigation methodology utilized by the French Gazex Avalanche Exploder. Alternatives should be thoroughly exhausted before a waiver is granted.

James Agalzoff 03/06/2012
Always buy America Products with U.S.Taxpayer Funds. No exception!!! Talk to U.S. Senator Berni Sanders of VT.

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Updated: 11/21/2017
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