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Notice of Buy America Waiver Request Request

Action: Notice, request for comments.

Web posting date: 05/22/2012

Federal Register Notice of Finding Publication Date: 02/25/13

Effective Date of Federal Register: 02/26/13

Close of public comment period: 03/13/13

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 1) Electrical Controls and Electrical Equipment; 2) Main Drive Electrical Motor; 3) Auxiliary Drive Electric Motor; 4) Span Lock Electric Motor & Controls in the state of Washington.

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.

WSDOT contact; Dick Egolf, (360)357-2631
Tacoma Public Works Contact; Tom Rutherford (253)591-5767


Donald Pearsall 05/24/2012
If there are manufacturers of this equipment in the US you should buy the US made product. How long would it take and how much money to review foreign manufacturers compliance with our codes to check out foreign manufacturers?

Mouhamad A. Naboulsi 05/24/2012
We have this type of technology and if not, it is easily made. No need for exemption.

Rich 05/27/2012
waiver if granted should only occur if american product is more than 50% over non-domestic. And if granted the FHWA or other federal agency should investigate way and make findings public.

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Updated: 07/25/2017
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