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Notice of Buy America Waiver Request Request

Action: Notice, request for comments.

Web posting date: 07/12/2012

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 9,000 LB of 1/2" x 0.008" steel fiber reinforcement (290 ksi ultimate tensile strength) in the state of Vermont and Massachusetts.

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.

MassDOT Contact; James Dalton (617)-973-7579


Richard Meadows 07/12/2012
HELL NO!!!!! We have hundreds of Veterans and other people out of work. This is one of the reasons the USA in trouble. Lets buy made in the USA only.

John Thompson 07/15/2012
If there is a domestic supplier, the waiver should not be considered.

Adam Thomas 07/19/2012
Based on my knowledge, the mesh referenced is a China made product. The waiver should NOT BE CONSIDERED. The project should be re-engineereed to ensure American made products are used. Specifications should be flexible enough to avoid properitery materials since other crack arrest techniques/means and methods are available from domestically produced materials for reinforcing structural concrete that can and will deliver comparable results.

John Derderian 07/19/2012
No!NO!NO!.. FHWA - you are part of the problem in this country - NOT the solution. Why is there only 15days in which to comment?? AND where else are these waivers posted so the citizens of this country can see that your dept will do whatever is necessary for circumvention for cheaper material and products.

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Updated: 07/25/2017
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