[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41492-41496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16554]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2013-0041]


Buy America Policy

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The FHWA is seeking comments regarding the continued need, in 
whole or in part, for the general waivers from Buy America for 
manufactured products; for ferry boat equipment; and for pig iron and 
processed, pelletized, and reduced iron ores. These waivers have been 
in effect since 1983, 1994, and 1995, respectively. The FHWA is also 
seeking comment on the continuing need for the FHWA's minimal use 
threshold (currently established at $2,500 or 1/10 of 1 percent of the 
total contract value, whichever is greater).

DATES: Comments must be received on or before August 9, 2013. Late 
comments will be considered to the extent practicable.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, or submit electronically at 
http://www.regulations.gov or fax comments to (202) 493-2251. All 
comments should include the docket number that appears in the heading 
of this document. All comments received will be available for 
examination and copying at the above address from 9 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notification or receipt of comments must include a self-addressed, 
stamped postcard or you may print the acknowledgment page that appears 
after submitting comments electronically. You may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (Volume 65, Number 70, Page 19477-78).

FOR FURTHER INFORMATION CONTACT: Mr. Gerald Yakowenko, Contract 
Administration Team Leader, Office of Program Administration, (202) 
366-1562, or Mr. Michael Harkins, Office of the Chief Counsel, (202) 
366-4928, Federal Highway Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590. Office hours are from 8 a.m. to 4:30 p.m., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    This document and all comments received may be viewed online 
through the Federal eRulemaking portal at: http://www.regulations.gov. 
Regulations.gov is available 24 hours each day, 365 days each year. 
Electronic submission and retrieval help and guidelines are available 
under the help section of the Web site. An electronic copy of this 
document may also be downloaded by accessing the Office of the Federal 
Register's home page at: http://www.archives.gov/federal-register/, or 
the Government Printing Office's Web page at: http://www.gpo.gov/fdsys.

Regulatory Background

    The FHWA's Buy America policy in 23 CFR 635.410 requires a domestic 
manufacturing process for any steel or iron products (including 
protective coatings) that are permanently incorporated into a Federal-
aid highway construction project. The regulation is based on the 
statutory authority in 23 U.S.C. 313(a) which states: ``Notwithstanding 
any other provision of law, the Secretary of Transportation shall not 
obligate any funds authorized to be appropriated to carry out the 
Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or this 
title and administered by the Department of Transportation, unless 
steel, iron, and manufactured products used in such project are 
produced in the United States.''
    The statute provides for the application of the Buy America 
requirements to any project using Title 23 funding; however, exceptions 
are provided where the Secretary finds that: (1) The application of the 
requirement would be inconsistent with the public interest, (2) where 
materials and products are not produced in the United States in 
sufficient and reasonably available quantities and of a satisfactory 
quality; or (3) that inclusion of domestic material will increase the 
cost of the overall project contract by more than 25 percent.
    Based on the Secretary's authority to grant waivers from Buy 
America, the FHWA has issued three general waivers from Buy America. 
These waivers pertain to manufactured products, ferry boat equipment, 
and pig iron and processed, pelletized, and reduced iron ores, and have 
been in effect since 1983, 1994, and 1995, respectively. With this 
notice, the FHWA is seeking comment regarding whether these waivers 
continue to be necessary, in whole or in part, and, if so, what limits 
should be placed on these waivers. Additionally, FHWA's regulations at 
23 CFR 635.410(b)(4) permit the incorporation of foreign steel and iron 
into a project if the cost of such items does not exceed one-tenth of 
one percent (0.1 percent) of the total contract cost or $2,500, 
whichever is greater. The FHWA is also seeking comment on the 
continuing need for the provision and, if so, whether the threshold is 
appropriate.

Manufactured Products

General Manufactured Products

    Section 165 of the Surface Transportation Assistance Act (STAA) of 
1982, Public Law 97-424 (1983), is the source legislation for FHWA's 
Buy America requirements.\1\ This statute

[[Page 41493]]

replaced an earlier statutory version of Buy America from Section 401 
of the STAA of 1978, Public Law 95-599 (1978), that applied to the 
Federal-aid highway program. Section 165 of the STAA of 1982 was 
implemented with a November 25, 1983, final rule which implemented 
FHWA's Buy America regulatory policies now found in 23 CFR 635.410. In 
the preamble to the 1983 final rule (48 FR 53099), the FHWA summarized 
and addressed more than 560 public comments, including comments on the 
FHWA's interim decision to waive the application of Buy America to 
manufactured products (48 FR 1946), and found that it was in the public 
interest to waive application of Buy America to manufactured products 
other than steel and iron manufactured products.
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    \1\ Congress codified Section 165 of the STAA of 1982, as 
amended, at 23 U.S.C. 313 with the enactment of Section 1903 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU), Public Law 109-59 (2005).
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    In discussing the rationale for continuing the general waiver for 
manufactured products in the preamble to the1983 final rule, the FHWA 
stated that the agency had issued an identical general waiver for 
manufactured products in implementing the 1978 Buy America provisions. 
In issuing the waiver for the 1978 Buy America statute (43 FR 53717 and 
45 FR 77455), the FHWA explained that steel was the only significant 
foreign commodity having a significant nationwide effect on the cost of 
Federal-aid highway construction projects.\2\ While natural materials 
(e.g., sand, stone, gravel, and earth materials) and petroleum-based 
products (e.g., fuels, lubricants, and bituminous products) are also 
used in large amounts in Federal-aid highway construction projects, 
foreign competition in natural materials was not significant due to 
their high cost in transportation and petroleum-based products were not 
available from domestic sources in sufficient and reasonable 
quantities.
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    \2\ Note that the 1983 final rule did not use the term ``general 
waiver.'' Instead, the 1983 final rule simply said that the FHWA 
found it in the public interest to waive the application of Buy 
America to manufactured products other than steel and cement 
manufactured products. The term ``general waiver'' is being used for 
purposes of this notice to help clarify that the waiver issued for 
manufactured products in the 1983 final rule is a waiver of general 
applicability that is not subject to a project-by-project 
determination.
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    In examining the legislative history of the 1983 Buy America 
statute, the FHWA found that Congress considered which products should 
specifically be covered (such as steel, cement, and asphalt), and 
focused solely on steel and cement. Therefore, the FHWA determined that 
the best interpretation of congressional intent was that Congress, with 
the enactment of Section 165 of the STAA of 1982, did not intend to 
override the existing policy with respect to manufactured products that 
applied to the 1978 Buy America statute. While Congress subsequently 
modified the 1983 Buy America statute to repeal the statute's coverage 
of cement (Pub. L. 98-229, Section 10 (1984) and to add coverage for 
iron (Intermodal Surface Transportation Efficiency Act (ISTEA), Pub. L. 
102-240, Section 1048(a) (1991)), Congress left the remaining 
provisions intact.
    Additionally, in the preamble to the 1983 final rule, the FHWA 
noted, and agreed with, statements from commenters who noted the 
difficulty in tracing the origin of various materials comprising 
manufactured products. The FHWA further noted comments regarding the 
difficulty of tracing the origin of steel components and subcomponents 
of various manufactured products, such as traffic controllers. After 
consideration of all the comments, the FHWA found that it was in the 
public interest to waive the application of Buy America to manufactured 
products other than steel and cement manufactured products. 
Subsequently, in a December 12, 1997, memorandum, the FHWA reinforced 
and clarified the concept of this public interest exclusion by stating 
that Buy America requirements are applicable to the steel components of 
predominantly steel products. However, that memo did not define the 
term ``predominantly steel product.''
    The American Recovery and Reinvestment Act of 2009 (Recovery Act) 
brought a renewed interest from public and industry representatives in 
ensuring that Federal funds were used to support domestic 
manufacturing. While the ``Buy American'' provisions of the Recovery 
Act Section 1605 did not apply to the Federal-aid highway program, the 
FHWA took great efforts to ensure that Buy America provisions were 
included and enforced on all Recovery Act projects.\3\
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    \3\ Title XII of the Recovery Act specifically stated that 
Recovery Act funded highway projects were to be administered as if 
apportioned under chapter 1 of title 23 U.S.C. Therefore, Recovery 
Act-funded highway projects were administered under the FHWA's 
traditional Buy America requirements in 23 CFR 635.410 instead of 
the Recovery Act specific Buy American provisions codified in 2 CFR 
Part 172.
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    As a result of this heightened awareness, construction project 
inspection staff and audit representatives spent significant resources 
in examining compliance with Buy America requirements for all steel or 
iron products. Compliance issues were noted regarding manufactured 
products that contained miscellaneous steel or iron components such as 
light bulbs, sinks, toilets, faucets, tie wires, lifting hooks, traffic 
controller mounting brackets, nuts, bolts, washers and screws. Many of 
these products would typically have been labeled as miscellaneous steel 
components or steel subcomponents comprising part of a manufactured 
product that would have been subject to the general waiver granted in 
the 1983 final rule.
    Nevertheless, continuing requests for clarifications regarding Buy 
America requirements during Recovery Act implementation and National 
Review Team oversight efforts led the FHWA to issue a memorandum on 
December 21, 2012. Moreover, given the broadened scope of the Federal-
aid highway program since 1983 as well as the evolution of 
technologies, products, and construction methods used in highway and 
bridge construction, the FHWA felt that issuing some guidance to 
clarify the existence and use of this waiver was prudent. This December 
2012 memorandum was intended to clarify the long-standing policy 
regarding the application of Buy America requirements to steel or iron 
manufactured products as it related to the waiver granted for 
manufactured products in the 1983 final rule. Since the existence of 
this waiver is found in the preamble of the 1983 rulemaking document 
with very little other guidance available regarding its existence and 
application, the FHWA wanted to ensure that FHWA Division Offices were 
aware of the existence of the waiver and that the waiver was 
consistently applied. The memorandum specifically identified a list of 
products that are subject to Buy America requirements, defined the term 
predominantly steel or iron manufactured product by a 90 percent 
content requirement, and provided examples of miscellaneous steel or 
iron products.
    However, this correspondence has triggered opposition from various 
groups in the manufacturing industry. Also, a bill has been introduced 
in the House of Representatives (HR 949) that would require the FHWA to 
reexamine the agency's standing nationwide Buy America waivers by 
issuing a notice and request for public comments on the continuing need 
for these waivers. While the FHWA maintains that the agency has not 
changed the application or scope of the manufactured products waiver, 
the FHWA agrees with the intent of HR 949 that, due to the age of the 
manufactured products waiver, it is prudent to seek public comments as 
part

[[Page 41494]]

of a review of the continued need for this waiver.
    The FHWA supports the application of Buy America in the most 
effective and efficient manner possible. The application of Buy America 
is most effective and efficient whenever it is applied to products that 
are available from domestically produced sources in sufficient and 
reasonably available quantities and of a satisfactory quality. As 
stated in the 1983 final rule, the FHWA found that the waiver of Buy 
America to manufactured products does not have any significant impact 
since manufactured products comprised a small percent of the highway 
construction program. With this notice, the FHWA is reevaluating this 
finding and requesting comments on the manufactured products waiver as 
well as the needed parameters of the waiver if continued.
    The most prevalent materials used in highway construction can be 
included in four major material categories: Bituminous products, 
Portland cement products, aggregates, and steel products. Based on a 
report titled ``Distribution of Costs on Federal-aid Highway 
Construction Contracts Over $1,000,000 on the National Highway System 
Reported During Calendar Year 2004'' (the last year for which data was 
available), the approximate value of the materials used as a percentage 
of the overall value of all construction contract was as follows: 
Bituminous products (7.8%), Portland cement products (0.7%), aggregates 
(17.8%) and steel products (4.8%) (http://www.fhwa.dot.gov/policy/ohim/hs04/htm/costpie.htm#alt1). Of these materials, it appears that only 
steel/iron products would be appropriate for consideration under the 
public interest waiver provisions available under 23 U.S.C. 313.
    The market conditions and assumptions that led to FHWA's decision 
not to include oil products (bituminous products or asphaltic cement) 
in the November 25, 1983, general waiver still exist today. Petroleum 
and petroleum-based products that are permanently incorporated in a 
project (such as asphalt cement) are generally not available from 
domestic sources in sufficient and reasonably available quantities. In 
the preamble to the 1983 final rule, the FHWA noted that over 200 
comments were received regarding the application of Buy America 
provisions to oil products and virtually all commenters asked that oil 
and/or petroleum products and/or asphalt be exempt from coverage.
    As noted above, Congress specifically modified the 1983 Buy America 
statute to repeal the statute's coverage of cement. Aggregates and 
other natural materials, such as sand, stone, and gravel are used in 
large quantities in highway construction; however, foreign competition 
is very limited due to the difficulty and high cost of transporting 
these heavy materials over long distances. Thus, subjecting these 
products to Buy America requirements will place an undue administrative 
burden on State DOTs in ensuring Buy America compliance and could 
unnecessarily delay, or even halt, projects for difficulties in tracing 
the origin of all items used to manufacture these products. Moreover, 
some of the ingredients used to make concrete products, such as 
Portland cement in concrete or asphalt cement in bituminous concrete, 
are not domestically manufactured in sufficient and reasonably 
available quantities to meet the demand for these products.
    Thus, the application of Buy America to only steel and iron 
products seems to have the highest potential of realizing the intent of 
the Buy America statutory provisions in protecting the domestic 
manufacturing industry. The FHWA has applied, and intends to continue 
to apply, Buy America to predominantly steel and iron products 
delivered to a project site for permanent incorporation into that 
project. This includes predominantly steel and iron products that are 
incorporated into precast concrete products.
    Additionally, for items that may be comprised of steel and iron 
components or subcomponents, the application of Buy America to the 
steel and iron in these items would have no impact because the 
availability of these items are not driven by the demands of the needs 
for highway construction. For example, some projects, such as in the 
construction and improvement of rest areas, may involve the 
incorporation of light bulbs. Light bulbs are not made special for 
highway construction and, thus, there is no way to trace where the 
steel and iron that is incorporated into a light bulb is manufactured. 
The same problem is attendant with other products, also involved in the 
construction and improvement of rest areas, such as faucets and door 
hinges. The preamble to the 1983 final rule cited the example of a 
traffic controller as a manufactured product, where it would be 
inconsistent with the public interest to apply Buy America 
requirements. In general, traffic controllers and traffic management 
hardware and equipment are examples of manufactured products that are 
composed of multiple components and subcomponents whose origins are 
difficult, if not impossible to trace.

Vehicles

    One example of the broadened scope of the Federal-aid highway 
program involves the Congestion Mitigation and Air Quality Improvement 
(CMAQ) Program. The CMAQ program was created under the Intermodal 
Surface Transportation Efficiency Act (ISTEA) of 1991, Public Law 102-
240, and is codified at 23 U.S.C. 149. The CMAQ Program provides annual 
apportionments to States for projects or programs that will contribute 
to attainment or maintenance of the national ambient air quality 
standards (NAAQS) for ozone, carbon monoxide (CO), and particulate 
matter (PM). One type of CMAQ project that is being programmed at a 
growing rate by State, local governments, and private sector sponsors 
is acquisition of fuel efficient and low emission vehicles and 
equipment. With recent developments in clean fuel and low emission 
technologies as well as broader production and availability of these 
types of vehicles in the U.S. market by the automotive industry, the 
FHWA is seeing an increased demand to use CMAQ funds to purchase these 
vehicles and associated items, such as construction equipment and 
locomotives.
    The FHWA currently has not established a Buy America policy for 
these types of projects. While vehicles are a manufactured product, 
with the increased use of CMAQ funds for these types of projects, the 
FHWA has recently determined that the Buy America program is 
appropriate to apply to these types of projects. For example, the FHWA 
granted conditional waivers given to Alameda County, San Francisco 
County, and Merced County, CA, for vehicle purchases on November 21, 
2011, notices (76 FR 72027 and 76 FR 72028) and March 30, 2012 (77 FR 
19410). These waivers were granted upon the condition that the final 
assembly of the vehicles occur in the United States. However, the FHWA 
did not apply a domestic content standard to these waivers. A vehicle 
manufacturer relies on numerous international sources for various 
components and it is virtually impossible to track the specific country 
of origin for small steel components and subcomponents even though a 
manufacturer can certify where the final assembly of the vehicle 
occurs. The difficulty of tracing and documenting domestic 
manufacturing processes for every manufacturing step for all

[[Page 41495]]

components and subcomponents illustrates the need for the public 
interest exception provided by 23 U.S.C. 313(b).
    The FHWA was, and remains, uncertain whether such a domestic 
content requirement would further the objectives of the CMAQ Program in 
encouraging State and local entities to pursue clean fuel technologies. 
Moreover, the FHWA has no data to determine what such a content 
standard should be. Also, the practicality of establishing such a limit 
for just the iron and steel components in vehicles or equipment is 
questionable. The FHWA is unaware of any method the agency can use to 
determine where the components and subcomponents, including the steel 
and iron contained in the steel and iron components of a vehicle, were 
manufactured. Similarly, the FHWA has no basis for defining the point 
of final assembly for vehicles as well as vehicle retrofit projects.

Ferry Boat Equipment

    On February 9, 1994, FHWA published a notice in the Federal 
Register (59 FR 6080) announcing a nationwide waiver of the Buy America 
requirements for certain steel products used in the construction of 
ferry boats. The FHWA granted this waiver after publishing a notice in 
the Federal Register (58 FR 33295) and requesting comment for which two 
comments were received. 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. Other steel and iron products used in the 
construction of ferry boats that are manufactured domestically are not 
waived, including steel and stainless steel plate and shapes, sheet 
steel and stainless steel, steel and stainless steel pipe and tubing, 
and galvanized steel products. The FHWA has not reevaluated the 
continuing need for this waiver since it was issued in 1994. Based on 
the FHWA's present knowledge, however, the FHWA has no information that 
would lead us to believe that domestic manufacturers of the waived 
ferry boat components are now available. The FHWA invites comments on 
the continuing need for this nationwide waiver.

Pig Iron and Processed, Pelletized, and Reduced Iron Ores

    On March 24, 1995, FHWA published a notice in the Federal Register 
announcing a nationwide waiver of the Buy America requirements for 
certain components used in the manufacturing process for steel and iron 
products. The specific components include pig iron and processed, 
pelletized, and reduced iron ores. The FHWA granted this waiver after 
publishing a notice in the Federal Register (59 FR 43376) and 
requesting comment for which 10 comments were received. Based on the 
findings of a nationwide review, and a review of the comments submitted 
in response to the waiver proposal, the FHWA believed that the supply 
from domestic sources of pig iron and processed, pelletized, and 
reduced iron ore was not adequate to permit full compliance with the 
Buy America requirements. The FHWA has not reevaluated the continuing 
need for this waiver since it was issued in 1995. Based on the FHWA's 
present knowledge, however, the FHWA has no information that would lead 
us to believe that the supply of domestic pig iron and processed, 
pelletized, and reduced iron ore is adequate to meet the needs of 
domestic steel and iron manufacturers. The FHWA invites comments on the 
continuing need for this nationwide waiver.

Minimal Use Exclusion

    One regulatory criterion that was addressed in the November 25, 
1983, final rule to implement the public-interest exclusion provision 
of 23 U.S.C. 313(b) is the minimal use provision in 23 CFR 
635.410(b)(4). This provision allows for a minimal amount of non-
domestic steel to be incorporated if ``. . . the cost of such materials 
used does not exceed one-tenth of one percent (0.1 percent) of the 
total contract cost or $2,500, whichever is greater.'' However, this 
provision requires the contracting agency to maintain a running list of 
non-domestic steel or iron components or subcomponents as a 
construction project proceeds. The threshold amounts have not been 
revised since the November 25, 1983, final rule and managing the 
documentation of compliance with this threshold can be problematic on 
large, complex projects.
    One potential method of easing the inspection and reporting burden 
on contracting agencies for Buy America compliance would be to raise 
the minimal use threshold; however, there is no clear approach for 
doing so. Consideration could be given to raising the $2,500 threshold 
by a multiplier related to relevant producer price indices for steel or 
iron products or relevant cost indices for highway construction. In 
either case, it is difficult to establish an index that is 
representative of all of the iron and steel products that are used in 
the Federal-aid highway program. The multiplier could be as high as 2.5 
(based on the Producer Price Index Commodity information for iron and 
steel products for the period 1983 to 2013 for group WPS101). (http://data.bls.gov/pdq/querytool.jsp?survey=wp). The FHWA invites comment on 
the continuing need for the minimal use threshold contained in the 
regulations. For commenters believing that this provision continues to 
be needed, the FHWA requests comment on whether the monetary threshold 
should be raised and the appropriate method of doing so.

Invitation for Public Comment

    The FHWA requests public comment and input on issues related to the 
application of Buy America requirements to manufactured products, 
including various manufactured products that include steel or iron 
subcomponents. Specifically, the FHWA invites public comment on the 
following issues:
    1. Has the nature of the Federal-aid highway program and the U.S. 
steel/iron manufacturing industry changed to such a degree that FHWA 
needs to reconsider its criteria for applying Buy America requirements 
to manufactured products?
    2. Are there specific or general types of manufactured products 
that should not be covered by a public interest waiver and why?
    3. Are there specific or general types of manufactured products 
that should be covered by a public interest waiver and why?
    4. Are there specific issues that should be considered for 
manufactured products that include steel or iron components and 
subcomponents? Should the FHWA continue to distinguish manufactured 
products that are comprised predominantly of steel and iron for 
purposes of requiring all manufacturing processes to occur in the 
United States? How should a predominantly steel and iron product be 
defined? Should the FHWA continue to consider a predominantly steel and 
iron product as one comprising 90 percent steel and iron?
    5. Should vehicles be subject to Buy America? If so, what types of 
vehicles? How should the FHWA define vehicle? Should the definition of 
vehicle include construction equipment, such as street sweepers, 
backhoes, refuse trucks, dump trucks, graders, etc.? Should the FHWA 
broaden the definition of vehicle to include bicycles, electric 
bicycles, and neighborhood vehicles? Also, what standard should the 
FHWA apply (i.e., final assembly in the U.S.)? For final assembly, what 
constitutes final assembly? Should there be a domestic

[[Page 41496]]

content threshold? If so, what content should be covered (i.e., steel 
and iron or all content comprising a vehicle) and what should the 
percentages be? Should be there be different percentages for different 
types of vehicles? What data is available to support the use of a 
percentage? What types of vehicles would be available to State and 
local agencies at any given percentage?
    6. Should vehicle retrofits be subject to Buy America? If so, what 
standard should be applied? Should the standard differ from that of a 
whole vehicle (i.e., if final assembly is the standard for a vehicle, 
should the FHWA be concerned about Buy America when an engine is 
purchased on its own for incorporation into a vehicle)?
    7. What standard should apply to locomotives, rail cars, and 
locomotive parts that are purchased for locomotive retrofits? Should 
the FHWA require the application of the Federal Railroad 
Administration's policy, which views locomotives and rail cars as ``end 
products'' that must be assembled in the United States and all 
components (including components purchased for retrofits) be 
manufactured in the United States?
    8. Do the minimal use threshold provisions of 23 CFR 635.410(b)(4) 
represent reasonable criteria for expressing the public interest 
exclusion limitations for the Federal-aid highway program, and present 
an appropriate balance between an undue administrative burden in 
accounting for every steel and iron item in a project versus giving 
effect to the intent of Buy America?
    9. Are there any domestic suppliers available that can domestically 
produce pig iron and processed, pelletized, and reduced iron ores in 
sufficient quantities of a satisfactory quality to supply the entire 
need for Federal-aid highway projects?
    10. Are there any domestic suppliers available that can 
domestically produce ferry boat equipment in compliance with the FHWA's 
Buy America requirements?
    11. If any of the general waivers (manufactured products, ferry 
boat equipment, and pig iron) to Buy America are rescinded, what would 
be the implications to administering Federal-aid highway projects?
    12. What would be the potential advantages or disadvantages of FHWA 
adopting a policy for manufactured products similar to that used by 
many Federal agencies who implemented the Recovery Act Buy America 
requirements? (Note: 2 CFR 176.70(a)(2)(i) states: ``Production in the 
United States of the iron or steel used in the project requires that 
all manufacturing processes must take place in the United States, 
except metallurgical processes involving refinement of steel additives. 
These requirements do not apply to iron or steel used as components or 
subcomponents of manufactured goods used in the project.'')

    Issued on: July 3, 2013.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. 2013-16554 Filed 7-9-13; 8:45 am]
BILLING CODE 4910-22-P