[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]


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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.

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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