Notice2026-02332
Buy America Waiver Notification
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 6, 2026
Effective
February 7, 2026
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This notice provides information regarding FHWA's finding that it is appropriate to grant a Buy America waiver to the Port of Los Angeles for procurement of fully locked coil carbon steel cables and their respective components, galvanized cylindrical sockets, galvanized spherical nuts, and galvanized fatigue resistant adjustable open spelter socket, with non-domestic iron and steel components for incorporation into the Port of Los Angeles-Rail Mainline/Wilmington Community & Waterfront Pedestrian Grade Separation Bridge Project.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 25 (Friday, February 6, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 25 (Friday, February 6, 2026)]
[Notices]
[Pages 5550-5551]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02332]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice provides information regarding FHWA's finding that
it is appropriate to grant a Buy America waiver to the Port of Los
Angeles for procurement of fully locked coil carbon steel cables and
their respective components, galvanized cylindrical sockets, galvanized
spherical nuts, and galvanized fatigue resistant adjustable open
spelter socket, with non-domestic iron and steel components for
incorporation into the Port of Los Angeles-Rail Mainline/Wilmington
Community & Waterfront Pedestrian Grade Separation Bridge Project.
DATES: The effective date of the waiver is February 7, 2026.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Robert Mooney, FHWA Office of Infrastructure, 202-897-
7549, or via email at <a href="/cdn-cgi/l/email-protection#e3918c81869197cd8e8c8c8d869aa3878c97cd848c95"><span class="__cf_email__" data-cfemail="cbb9a4a9aeb9bfe5a6a4a4a5aeb28bafa4bfe5aca4bd">[email protected]</span></a>. For legal questions,
please contact James Esselman, FHWA Office of the Chief Counsel, 202-
366-6181, or via email at <a href="/cdn-cgi/l/email-protection#cba1aaa6aeb8e5aeb8b8aea7a6aaa58bafa4bfe5aca4bd"><span class="__cf_email__" data-cfemail="f298939f9781dc978181979e9f939cb2969d86dc959d84">[email protected]</span></a>. Office hours for FHWA
are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded from the
Federal Register's home page at: <a href="http://www.FederalRegister.gov">www.FederalRegister.gov</a> and the U.S.
Government Publishing Office's database at: <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
Background
FHWA's Buy America requirements at 23 United States Code (U.S.C.)
section 313 and 23 Code of Federal Regulations (CFR) section
635.410(b)(1) provide that all steel and iron materials permanently
incorporated into a project must be domestically manufactured. Under 23
U.S.C. 313(b)(2), FHWA may waive the application of its Buy America
requirement for steel and iron when products are not produced in the
United States in sufficient and reasonably available quantities of a
satisfactory quality. This notice provides information regarding FHWA's
finding that it is appropriate to grant the Port of Los Angeles a non-
availability waiver for non-domestic fully locked coil carbon steel
cables and their respective components.
Background on the Project: In 2024, DOT selected the Port of Los
Angeles to receive a $5,000,000 competitive grant award under DOT's
Fiscal Year 2023 Reconnecting Communities Pilot (RCP) Program for the
Port's Rail Mainline/Wilmington Community & Waterfront Pedestrian Grade
Separation Bridge Project (``Project''). The estimated total project
cost is $62,620,000. The Project will construct a pedestrian bridge
over two mainline freight tracks in the Port of Los Angeles, which can
also accommodate emergency vehicles and connects the nearby Wilmington
community with the Wilmington Waterfront. The waiver items are proposed
to be incorporated into the Project.
Background on Waiver Request: The Port of Los Angeles submitted the
Buy America waiver request on December 5, 2024, after completing a
nationwide search for domestic Full Lock Coil Carbon Steel Cables that
meet Buy America requirements and project specifications. The Port of
Los Angeles contacted numerous domestic manufacturers of steel cables,
and none reported the capability of producing the specified fully
locked coil carbon steel cables and associated components. In addition,
on December 4, 2024, in response to the Port of Los Angeles' supplier
scouting request, as required by section 70916(c) of the Build America,
Buy America Act (Pub. L. 117-58), the National Institute of Standards
and Technology' Hollings Manufacturing Extension Partnership, reported
that it had not identified a match for a domestic manufacturer of the
required materials.
In response to the Port of Los Angeles request, on August 29, 2025,
FHWA posted a notice on its website, <a href="https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=182">https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=182</a>, seeking comment on whether
the proposed waiver would be appropriate. FHWA received one comment in
response to the waiver notice. The commenter did not offer any specific
information on the domestic availability of compliant products, nor did
the commenter suggest specifications the Port of Los Angeles could take
to maximize its use of goods, products, and materials produced in the
United States. Based on the Port of Los Angeles' research and the lack
of domestic manufacturers identified during the waiver notice period,
FHWA concludes there is good cause to find that a waiver of FHWA's Buy
America requirements is appropriate for the products the Port of Los
Angeles identified for the Project in its waiver request.
Timing and Need for a Waiver: The Port of Los Angeles explained
that corrosion of steel components was identified as a significant
concern due to the bridge location in a marine environment. Therefore,
the use of extreme corrosion coating is necessary to minimize corrosion
over the life of the structure. Fully locked cables were specified for
the structure because the outer layer of the cable consists of Z-shaped
wires that provide a consistently closed surface, which protects the
core against corrosion over the design life of the cable.
[[Page 5551]]
Finding and Request for Comments
Based on all the information available to the Agency, FHWA
concludes there are no Buy America-compliant versions of the waiver
items and is therefore waiving its Buy America requirements set forth
at 23 U.S.C. 313 and 23 CFR 635.410 for those items as incorporated in
the Port of Los Angeles' Rail Mainline/Wilmington Community &
Waterfront Pedestrian Grade Separation Bridge project. This waiver
includes only the specified fully locked coil carbon steel cable and
their respective attachments identified in the waiver request and
supporting documents included on FHWA's website and is limited to
purchases by the Port of Los Angeles, its contractors, or its
subcontractors (of whatever tier) of the waiver items for the Rail
Mainline/Wilmington Community & Waterfront Pedestrian Grade Separation
Bridge Project. The waiver does not apply to purchases made for any
other products or projects.
The Port of Los Angeles and its contractors and subcontractors
involved in the procurement of the relevant fully locked coil carbon
steel cable and their respective attachments are reminded of the need
to comply with the Cargo Preference Act in 46 CFR part 38, if
applicable.
In accordance with the provisions of Section 117 of the SAFETEA-LU
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572),
FHWA is providing this notice as its finding that a waiver of Buy
America requirements is appropriate. FHWA invites public comment on
this finding for an additional 5 days following the effective date of
the finding. Comments may be submitted to FHWA's website via the link
provided to the waiver page noted above.
Authority: 23 U.S.C. 313; Pub. L. 118-42; 23 CFR 635.410.
Sean McMaster,
Administrator, Federal Highway Administration.
[FR Doc. 2026-02332 Filed 2-5-26; 8:45 am]
BILLING CODE 4910-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 6, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.