U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590

Skip to content U.S. Department of Transportation/Federal Highway AdministrationU.S. Department of Transportation/Federal Highway Administration



Notice of Buy America Waiver Request Request

Action: Notice, request for comments.

Web posting date: 04/04/2012

Federal Register Notice of Finding Publication Date: 02/12/13

Effective Date of Federal Register: 02/13/13

Close of public comment period: 02/28/13

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 35' Pre-stressed Spun Concrete Poles in the state of Guam.

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.

Guam DOT contact; Gene Niemasz (671) 648-1060


Allen Ackland 04/04/2012
I do not have the details to review, but agree with Mr. Anthony D. Charfauros' comments on 03/05/2012 related to the issue of inflated bid prices for small quantity bids.

Pratip Lahiri 04/06/2012
I don't see the actual waiver request on the web site.

Robin Shishido 04/13/2012
Pratip - Please refer to the waiver request posted on 03/05/12 for Guam 45' and 55' Pre-stressed Spun Concrete Transmission and Distribution Power poles. The documentation is provided with this waiver request and is the same.

PDF files can be viewed with the Acrobat® Reader®
Excel files can be viewed with the Excel Viewer
Updated: 07/25/2017
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000