[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-20676] [[Page Unknown]] [Federal Register: August 23, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [FHWA Docket 94-18] General Material Requirements; Buy America Requirements AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of proposed nationwide waiver of Buy America for pig iron and processed, pelletized, and reduced iron ore; request for comments. ----------------------------------------------------------------------- SUMMARY: The FHWA requests public comment on a proposed nationwide waiver of the Buy America requirements for certain iron components used in the manufacture of steel and/or iron materials. Based on the findings of a nationwide review, the FHWA has reason to believe that the supply from domestic sources of pig iron and processed, pelletized, and reduced iron ore is not adequate to permit full compliance with the Buy America requirements. The proposed waiver would specifically address this shortage by permitting the use of pig iron and processed, pelletized, and reduced iron ore manufactured outside of the United States to be used in the domestic manufacturing process for steel and/ or iron materials used in Federal-aid highway construction projects. DATES: Written comments must be received on or before October 24, 1994. ADDRESSES: Submit signed, written comments to FHWA Docket 94-18, Federal Highway Administration, Room 4232, HCC-10; 400 Seventh Street, SW.; Washington, D.C. 20590. All comments received will be available for examination at the above address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped postcard. 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, D.C. 20590. SUPPLEMENTARY INFORMATION: In accordance with 23 CFR 635.410(c)(6), the FHWA hereby provides notice that it is considering a nationwide waiver of the requirements of 23 CFR 635.410. Buy America requirements, for the manufacture of pig iron and processed, pelletized, and reduced iron ore. 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. Pig iron is made from molten iron which has been cast in the shape of ``pigs'' as it comes from a blast furnace. Pig iron is thus considered a manufactured product, and the making of pig iron is an initial step in the manufacturing process of steel and iron materials. Processing, pelletizing, and reducing iron ore are methods by which raw iron ore is improved to produce enriched ore. Processed, pelletized, and reduced iron ore are alternatives to pig iron, and are also considered to be manufactured products used to manufacture steel and iron materials. A recent nationwide review supports a conclusion that the usage of foreign pig iron and processed, pelletized, and reduced iron ore is necessary because an adequate domestic source is not available. Therefore, the FHWA proposes to waive application of the Buy America requirements to pig iron and processed, pelletized, and reduced iron ore. Materials not specifically included in the waiver would remain subject to the Buy America requirements. The basis for this proposed nationwide waiver is that pig iron and processed, pelletized, and reduced iron ore are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. Therefore, imposing Buy America requirements on these materials is not in the public interest. The FHWA is requesting comments on this proposed nationwide waiver and the availability of a domestic supply of the materials included in the proposed waiver. 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, 96 Stat. 2136), as amended by Pub. L. 98-229, Sec. 10, 98 Stat. 55, 57, and Pub. L. 102-240, Secs. 1041(a) and 1048, 105 Stat. 1914, 1993, 1999. (23 U.S.C. 315; 49 CFR 1.48; 23 CFR 635.410) Issued on: August 16, 1994. Rodney E. Slater, Federal Highway Administrator. [FR Doc. 94-20676 Filed 8-22-94; 8:45 am] BILLING CODE 4910-22-P