General Material Requirements; Buy America Requirements |
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Rodney E. Slater
Federal Highway Administration
February 9, 1994
[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-2906]
[[Page Unknown]]
[Federal Register: February 9, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
General Material Requirements; Buy America Requirements
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of nationwide waiver of Buy America for ferryboat
equipment and machinery.
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SUMMARY: The FHWA is hereby granting a nationwide waiver of the Buy
America requirements for certain steel items used in the construction
of ferryboats. This action permits the use of specifically identified
steel equipment and machinery manufactured outside of the United States
in Federal-aid highway construction projects for ferryboats.
EFFECTIVE DATE: February 9, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. David R. Geiger, Office of
Engineering (202) 366-0355 or Mr. Wilbert Baccus, Office of the Chief
Counsel (202) 366-0780, Federal Highway Administration, 400 Seventh
Street SW., Washington, DC 20590. Office hours are from 7:45 a.m. to
4:15 p.m., e.t., Monday through Friday, except legal Federal holidays.
SUPPLEMENTARY INFORMATION: In accordance with 23 CFR 635.410(c)(6), the
FHWA hereby provides notice that it is granting a nationwide waiver of
the requirements of 23 CFR 635.410, Buy America requirements, for
certain ferryboat equipment and machinery items. Section 635.410
provides, with exceptions, that no Federal-aid highway construction
project using steel or iron materials is to be authorized to proceed
unless all manufacturing processes including the application of
coatings for such materials occur in the United States. Because the
construction of ferryboats is increasingly difficult within the
requirements of Buy America, a nationwide waiver of these requirements
is being granted for certain ferryboat equipment and machinery items.
The items included in the waiver are marine diesel engines, electrical
switchboards and switchgear, electric motors, pumps, ventilation fans,
boilers, electrical controls, and electronic equipment. Items not
included in the waiver are products which are readily available in the
United States such as steel and stainless steel plate and shapes, sheet
steel and stainless steel, steel and stainless steel pipe and tubing,
and galvanized steel products. Items not specifically included in the
waiver remain subject to the Buy America requirements.
The basis for the nationwide waiver is that certain equipment and
machinery are not manufactured in the United States, using exclusively
United States steel and iron, in sufficient and reasonably available
quantities to avoid an enormous administrative burden on the State,
contractor, and suppliers. Therefore, imposing Buy America requirements
in this limited instance is not in the public interest.
On June 16, 1993 the FHWA published a notice (58 FR 33295) and
requested comments on the proposed nationwide waiver and the
availability of a domestic supply of the items included in the waiver.
Two comments were received to FHWA Docket No. 93-22. Both commentors
were supportive of the waiver. They both requested that the waiver be
expanded to include more items. Their comments were basically the same;
the two sought to include items such as bearings, fasteners, valves,
and outfitting in the waiver. The FHWA does not agree that these items
should be specifically included in the waiver. Bearings, fasteners, and
valves are available in sufficient quantity and satisfactory quality
from domestic manufacturers. Bearings, fasteners, and valves furnished
as individual items are therefore not waived. However, bearings,
fasteners, and valves included as a component of waived equipment and
machinery are considered an integral part of the waived equipment and
machinery and are included in the waiver. Outfitting is not included in
the waiver. The FHWA believes that including outfitting in the waiver
would allow the waiver to be applied to items which are domestically
available in sufficient quantity and satisfactory quality.
The FHWA's Buy America requirements contained in 23 CFR 635.410 are
based on section 165 of the Surface Transportation Assistance Act of
1982 (Pub. L. 97-424, Section 165, 96 Stat. 2097, 2136), as amended by
Public Law 98-229, Section 10, 98 Stat. 55, 57, and Public Law 102-240,
Sections 1041, 1048, 105 Stat. 1914, 1993, 1999.
Authority: 23 U.S.C. 315; 49 CFR 1.48; 23 CFR 635.410
Issued on: January 28, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 94-2906 Filed 2-8-94; 8:45 am]
BILLING CODE 4910-22-P