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: 08/22/2012

Federal Register Notice of Finding Publication Date: 03/28/13

Effective Date of Federal Register: 03/29/13

Close of public comment period: 04/13/13

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 Iron and steel products in GenSet diesel engine and air compressor for CMAQ project in the state of Kentucky.

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.

Kentucky DOT contact: Jackie Jones (502)-564-9900 ext. 3105


Mouhamad A. Naboulsi 08/22/2012
The steel and iron products are "not going to be produced" in the United States in sufficient and reasonably available quantities if we keep ordering from foreign sources.

The key to product availability and competitive cost is an increase in production and not and increase in import.

I am against such purchase.

James Agalzoff 08/23/2012
It's american project buy american products.

Jeff Amburn 08/28/2012
Atlas Copco supports the granting of the waiver request. Our industry experience has shown that compressors comparable to our product also do not consist of 100% domestic steel. There are more than 500 of these compressors already in the U.S. and we know of no comparable quality rotary screw products. Granting of the requested waiver would be in the public's best interest by supporting the more than 4,000 Atlas Copco U.S. domestic employees and improving the air quality in non-attainment areas.

E. Tony Stauffer 08/30/2012
Stauffer/Stadco Generators supports the granting of the waiver request. 1. Stadco has 7 years of experience building generator sets for ultra-low emissions locomotives. 2. The product is engineered and built in the US, using a diesel engine with less than 34% foreign content. 3. typically steel & iron components for engine manufacturing are sourced globally. 100% US steel and iron content in any engine this size is likely to be impossible to find. 4. 64.5% of the generator content for the KY project is domestic product, including a large amount of domestic iron and steel, plus all the labor content. 5. Stadco has about 450 generator units of this type in service throughout the US. 6. Support services for such Stadco generators create ongoing US jobs during the course of building, operating, maintaining and repairing these generators. 7. Stadco supports the waiver for the benefits to a project like the KY genset project because of the large reduction of exhaust emissions and substantial reduction of fuel consumption. 8. Issuance of a wiaver is not only reasonable, due to the lack of diesel engine with 100% domestic steel and iron, but it is also in the public's best interest to grant a waiver due to the air quality improvement and thousands of domestic jobs that support the manufacture of ultra-clean locimotives. 9. Stadco believes that granting of the requested waiver would be in the best interest of the public in both continuing the improvement of air quality in non-attainment areas across the country and supporting the nation's economy by supporting domestic manufacturing jobs and long-term product support jobs.

Melinda McPeek 08/31/2012
R. J. Corman Cleveland Line supports the granting of Railpower LLCÂ’s Buy America waiver request. R. J. Corman was committed to purchasing cleaner locomotives because we felt good knowing that each time we operated an ultra-low emitting vehicle, we were positively impacting the environment in which it worked. We are committed to being good stewards of the communities in which we operate, so the choice to purchase a GenSet locomotive to meet our environmental goals was clear. The question was, which GenSet to choose. Prior to purchasing a Railpower GenSet, R. J. Corman tested multiple GenSet products on our shortlines. It became clear through this testing that the best business decision was to purchase Railpower GenSet locomotives. Not just for the emissions benefits or significant fuel savings, but for their high performance and ease of maintenance. It is our belief that RailpowerÂ’s unique configuration and component choices are what allow the Railpower GenSets to operate the way they do. R. J. Corman now operates several Railpower GenSets on our shortlines and our switching contracts, and we have achieved substantial reductions in fuel usage. For R. J. Corman the choice is clear, our crews love the Railpower GenSets, and do not want to operate other locomotives when a GenSet is on property. The Deutz GenSets are easy to maintain and contribute to the reduced noise our operators enjoy in the Cabs. When operators utilize the Railpower GenSets, they do not feel the fatigue at the end of the day that they feel from louder, less clean locomotives. Our industry experience has shown that engine blocks and compressors comparable to those in our Railpower GenSets also do not consist of 100% domestic steel (or iron). We feel good knowing that all the final assembly of the Railpower GenSet locomotives and subsystems is performed in the United States. Railpower uses many small, family owned vendors right in Pennsylvania or nearby states to source the components on their locomotives, and so R. J. Corman feels confident supporting this waiver, because it supports jobs in the United States, and it supports many small businesses that would otherwise not have the opportunity to thrive.

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