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February 9, 1994 Federal Register Notice
Notice of nationwide waiver of Buy America for ferryboat equipment and machinery

Federal Highway Administration
AGENCY: Federal Highway Administration [FHWA], DOT.

ACTION: Notice of nationwide waiver of Buy America for 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.

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, 1200 New Jersey Avenue SE, 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

Updated: 10/29/2015
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000