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Notice of Buy America Waiver Request Request

Action: Notice, request for comments.

Web posting date: 05/21/2013

Federal Register Notice of Finding Publication Date: 09/10/13

Effective Date of Federal Register: 09/11/13

Close of public comment period: 09/26/13

Summary: FHWA is seeking comments on whether a Public Interest waiver of the Buy America requirements of 23 CFR 635.410 should be granted to permit Indiana State DOT to reuse original structural steel components from disassembled historic bridge owned by Owen County for re-establishment of bike/Pedestrian trail over SR25. The basis for the Public Interest waiver are;

  • It fulfills the intent of a 1991 Section 106 NHPA MOA that the historic Freedom Bridge be moved and preserved;
  • Reuse of the historic Freedom Bridge fulfills a critical need in providing the necessary connectivity for the Monon High Bridge Trail in an innovative, efficient, and cost effective way; and
  • It is likely that the steel in the Freedom Bridge, which was originally constructed in 1897, was manufactured in the US with documentation for approximately 23% of its steel traced to Carnegie Steel.

Items for which origins of steel are not readily identifiable:

Item Number Item Description

Repair, Structure


Repair, Bearing Seats


Replace, Bridge Plaques


Structural Steel, Reassemble Truss

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.

State DOT contact: James Allen Earl; jearl@indot.in.gov (317)-233-2072


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Updated: 07/25/2017
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