[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]


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.


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.

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]