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Notice of Buy America Waiver Request Request

Action: Notice, request for comments.

Web posting date: 05/16/2012

Federal Register Notice of Finding Publication Date: 12/05/12

Effective Date of Federal Register: 12/06/12

Close of public comment period: 12/21/12

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 Four (4) each Amacan K800 - 400/358XG-S submersible pumps; Two (2) each Amacan K800 - 401/506XG-S submersible pumps. in the state of Michigan.

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.

Michigan DOT Contact: Tia Klein (313)-967-5407.


Mouhamad A. Naboulsi 05/16/2012
If there is no such pumps in the USA, then I would agree that they should be allowed the exemption, but if pumps that can perform the same function with engineering modification to the "SPECIFICATION", then there should be no exemption.

Foreign countries have long used "specification" as a way to block U.S. products from entering their countries. The "specifications" were not superior to U.S. specification, but were merely a maze of nonsense that were designed to keep our devices out. For example, a sprinkler system would be banned because of the spray pattern is not individual streams vs. a spray pattern that has continuous surface.

The people requesting the exemption should go back and re-engineer they requirements so they can buy local. I find it unbelievable and possibly deceitful that in MICHIGAN, NO ONE CAN FIND OR GET A PUMP THEY NEED MADE RIGHT HERE.

Thank you for the opportunity to defend my neighbors and our countries right to innovate and work.

Miami Pump & Supply 05/17/2012
We should give an US company because It will help our economy. Contact Us 6008 N.W. 6th Avenue • Miami, Florida 33127 Phone 305.981.6982 Fax 305.756.0239

Debbie Ruth 05/18/2012
Where did the MDOT come up with Specs that no company in the US could manufacture. Then in the long term, what about replacement parts for these German Made pumps. I am ALWAYS for buy America, we need to put our people back to work.

Tia Klein 05/25/2012
MDOT has corresponded with Miami Pump and Supply, and has provided a copy of the pump specifications to them. Miami Pump and Supply has determined that they are not able to meet the MDOT specifications and Buy America requirements.

Tia Klein 05/30/2012
MDOT contacted Miami Pump & Supply and forwarded a copy of the pump specifications. Miami Pump and Supply determined they were not able to meet the pump specifications and 23 CFR 635.410 "Buy America" requirements.

Rich Bornfreund 06/03/2012
I realize this might be late but most government specifications are written around an existing equipment spec. Rewrite/modify spec around another pump manufacturer. I REALIZE IT WILL TAKE A LITTLE EFFORT BUT DO IT IT MIGHT SAVE your JOB.

Matt Prosoli 07/14/2012
The type of pump selected is unique and was selected because it offered the optimum solution to replacing the existing pumps. The existing pumps are mixed/axial flow verical lineshaft pumps with bearings along their length. The owner did want to maintain or lubricate these berarings along with other operation and maintenance considerations. Because of the limited space of the existing wet well the types of pumps that would work in the existing space resulted in the selection of submersible pumps installed in a tube. This style of pump fits the footprint of the existing pump. Doing this results in being able to utilize the existing wet well without major modifications and cost to taxpayers. Constultants doing the design searched for domestic manufacturers, but found none that met the specifications. The submersible pump technology for this design is foreign. There are only 3 or 4 manufacturers of this design in the world and all have foreign origins. All of them have US facilities and employee thousands of American who pay taxes. So I would rather have these decisions based on sound engineering rather than shoe horning something in simply because it has American steel. Sure try to maximize it. If you want to insist on Buy America then let's insist that all the US brand cars use US steel and are completely manufactured in the US. Or any car for that matter. Just watch what's left to pick from and the price. As far back as the '70's when the EPA air quality requirements effectively closed all our foundries the US manufacturers of pumps as well as other products were forced to source steel overseas. Everyone talks about the "global" economy and our need to compete in it. Well here is an example of how not to do it. These types of pumps for past, present and future projects should be given a waiver until there are in fact at least two US manufacturing facilities making them. US pump companies have had many years to develope such a pump and have chosen not to.

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Updated: 07/25/2017
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