15478 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations

economic injury to a small business

concern as a result of a proposed award.

Although these regulations were

originally established for awards made

during fiscal years 1989–93, they have

remained in effect and will generally

apply to awards made in fiscal year

1995.

However, Sections 121.2004 and

121.2005 are now being revised to

incorporate the current title and address

of the SBA official responsible for

deciding protests concerning the

eligibility of a handicapped organization

and appeal of awards based on severe

economic impact on small business. An

internal reorganization of the SBA

included the renaming of the ‘‘Office of

Procurement Assistance’’ to the ‘‘Office

of Government Contracting.’’ The

responsibilities of the Office of

Government Contracting, however,

include those of the former Office of

Procurement.

The SBA is publishing this regulation

as a final rule without notice and

opportunity for public comment since

the SBA is merely adopting the statutory

language into its regulations to

recognize the eligibility granted to

public or private handicapped

organizations to participate in small

business set-aside contracts during

fiscal year 1995. In addition, the change

to the title of the Agency official

responsible for deciding protests and

appeals concerning small business setaside awards to handicapped

organizations is a matter of Agency

management and personnel and is,

therefore, published without notice and

comment pursuant to 5 U.S.C. 553(a)(2).

Compliance With Executive Orders

12612, 12788 and 12866, the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.),

and the Paperwork Reduction Act (44

U.S.C. Chapter 3501 et seq.)

The SBA certifies that this rule is not

a significant rule within the meaning of

Executive Order 12866 and will not

have a significant economic impact on

a substantial number of entities within

the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq. This

rule does not impose costs upon the

businesses which might be affected by

it. Because the rule will have no effect

on the amount or dollar value of any

contract requirement or the number of

requirements reserved for the small

business set-aside program, it will not

have an annual economic effect of $100

million or more, result in a major

increase in costs or prices, or have a

significant adverse effect on competition

or the United States economy.

For the purpose of the Paperwork

Reduction Act, 44 U.S.C. Ch. 35, SBA

certifies that this rule contains no new

reporting or recordkeeping

requirements. For purposes of Executive

Order 12612, SBA certifies that this rule

does not have any federalism

implications warranting the preparation

of a Federalism Assessment. For

purposes of Executive Order 12778, the

SBA certifies that this rule is drafted, to

the extent practicable, in accordance

with the standards set forth in section

2 of this order.

For the reasons set forth above, Title

13, Code of Federal Regulations (CFR),

is amended as set forth below.

List of Subjects in 13 CFR Part 121

Government procurement,

Government property, Grant programs—

business, Loan programs—business,

Small business.

PART 121—[AMENDED]

1. The authority citation for 13 CFR

Part 121 continues to read as follows:

Authority: 15 U.S.C. 632(a), 634(b)(6),

637(a), and 644(c); and Pub. L. 102–486, 106

Stat. 2776, 3133.

2. Section 121.2001 is revised to read

as follows:

§ 121.2001 Statutory basis.

(a) The Small Business Act, as

amended by Public Law 103–403,

provides that public or private

organizations for the handicapped shall

be eligible to participate in small

business set-aside contracts for fiscal

year 1995 in an aggregate amount not to

exceed $40,000,000. See 15 U.S.C.

644(c)(2)(A).

(b) Agencies awarding one or more

contracts to such a handicapped

organization may use multi-year

contracts, if appropriate. See 15 U.S.C.

644(c)(7).

(c) Awards to public or private

organizations for the handicapped may

be appealed to SBA when a small

business experiences or is likely to

experience severe economic injury as a

result of the proposed award to an

organization for the handicapped. Any

eligible concern wishing to appeal must

file its appeal with the SBA within 10

days after the announcement of the

proposed award to which the appeal

relates. The SBA is afforded 30 days

from the date the appeal is filed to

consult with the Executive Director of

the Committee for Purchase from the

Blind and Other Severely Handicapped.

3. Section 121.2004 is amended by

revising paragraphs (c)(1) and (c)(5) to

read as follows:

§ 121.2004 Protest of eligibility.

* * * * *

(c) Procedure for protest. (1) Protests

shall be submitted to the contracting

officer who shall promptly forward

them to the Associate Administrator for

Government Contracting, Small

Business Administration, 409 Third

Street SW., Washington, DC 20416. The

Associate Administrator shall be the

deciding official for purposes of protests

under this section.

* * * * *

(5) The Associate Administrator for

Government Contracting shall consult

with the Executive Director of the

Committee for Purchases from the Blind

and Other Severely Handicapped before

rendering a determination.

* * * * *

4. Section 121.2005 is amended by

revising paragraph (c)(1) to read as

follows:

§ 121.2005 Appeal of economic impact.

* * * * *

(c) Procedure for appeal. (1) Appeals

shall be submitted to the contracting

officer who shall promptly forward

them to the Associate Administrator for

Government Contracting, Small

Business Administration, 409 Third

Street SW., Washington, DC 20416. The

Associate Administrator shall be the

deciding official for purposes of appeals

under this section.

* * * * *

Dated: February 15, 1995.

Philip Lader,

Administrator.

[FR Doc. 95–6978 Filed 3–23–95; 8:45 am]

BILLING CODE 8025–01–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 635

General Material Requirements; Buy

America Requirements

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of nationwide waiver of

Buy America for pig iron and processed,

pelletized, and reduced iron ore.

SUMMARY: The FHWA is hereby granting

a 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, and

after analyzing the comments submitted

in response to the waiver proposal, the

FHWA believes that the supply from

domestic sources of pig iron and

processed, pelletized, and reduced iron

ore is not adequate to permit full
Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations 15479

compliance with the Buy America

requirements. This action permits 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.

EFFECTIVE DATE: March 24, 1995.

FOR FURTHER INFORMATION CONTACT: Mr.

Gerald L. Eller, Office of Engineering,

(202) 366–0392 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 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 pig iron and

processed, pelletized, and reduced iron

ore. Pig iron is made from molten iron

which has been cast in the shape of

‘‘pigs’’ as it comes from a blast furnace.

Processing, pelletizing, and reducing

iron ore are methods by which raw iron

ore is improved to produce enriched

ore.

Section 635.410 provides, with

exceptions, that no Federal-aid highway

construction project using steel or iron

materials is authorized to proceed

unless all manufacturing processes for

these materials, including the

application of coatings for such

materials, occur in the United States.

Because the domestic supply of pig iron

and processed, pelletized, and reduced

iron ore is not adequate, a nationwide

waiver of these requirements is being

granted for these specific iron

components. Items not specifically

included in the waiver remain subject to

the Buy America requirements.

The basis for the 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.

On August 23, 1994, the FHWA

published a notice (59 FR 43376) and

requested comments on the proposed

nationwide waiver and the availability

of a domestic supply of the components

included in the waiver. Ten comments

were received to FHWA Docket No. 94–

18. All 10 commentors were supportive

of the waiver, although some questioned

the need for waiver.

Several commentors concluded that

domestic supplies of pig iron and

processed, pelletized, and reduced iron

ore are either inadequate or nonexistent

in their region of the United States.

Supplies were believed to be inadequate

now and in the future. One commentor

offered analysis of the current domestic

pig iron supply, performed by an

outside consultant. Its analysis showed

that the volume of available domestic

pig iron is insufficient to supply the

electric furnace steel producers in the

United States. Of the 23 blast furnace

sites in the United States the analysis

showed that only four currently sell pig

iron. No commentor stated that the

domestic supply of pig iron and

processed, pelletized, and reduced iron

ore is adequate. The FHWA concludes

that the waiver is substantiated due to

the unavailability of pig iron.

Although supportive of the waiver

several commentors questioned the

need for a waiver, since they believed

that pig iron and processed, pelletized,

and reduced iron ore were already

exempt from the Buy America

requirements. Their belief was based on

the idea that the Buy America

requirements apply only to products

further along in the manufacturing

process of steel and iron. The FHWA

has previously stated that products of a

manufacturing process are not exempt

from the Buy America requirements. On

November 25, 1983, the FHWA

published a final rule (48 FR 53099) of

the Buy America requirements to

implement procedures required by § 165

of the Surface Transportation Assistance

Act (STAA) of 1982 (Pub. L. 97–424).

The final rule’s discussion of

manufactured materials stated that

‘‘Raw materials used in the steel * * *

product may be imported. All

manufacturing processes to produce

steel * * * products must occur

domestically. Raw materials are

materials such as iron ore * * * [and]

waste products * * * which are used in

the manufacturing process to produce

the steel * * * products’’ (48 FR 53099,

53103). Consistent with this

interpretation, pig iron and processed,

pelletized, and reduced iron ore are

products of a manufacturing process

and thus subject to the Buy America

requirements.

At least one commentor questioned

whether the FHWA’s Buy America

regulation applies to certain alloys

required in the production of steel and/

or iron materials. Even though most of

these alloys are unavailable from

domestic sources, alloys were not

addressed in the 1983 final rule. Similar

to the treatment of raw iron ore, alloys

in their raw state may be imported for

use in the domestic manufacturing

process of steel and/or iron materials.

Furthermore, processed alloys, alone,

are not considered to be steel or iron

materials under the Buy America

regulation. Thus, unless alloys have

been processed or refined to include

substantial amounts of steel and/or iron

materials, they are not subject to the

Buy America requirements.

(Pub. L. 97–424, § 165, 96 Stat. 2097, 2136,

as amended by Pub. L. 98–229, § 10, 98 Stat.

55, 57, and Pub. L. 102–240, §§ 1041, 1048,

105 Stat. 1914, 1993, 1999; 23 U.S.C. 315; 49

CFR 1.48; 23 CFR 635.410)

Issued on: March 20, 1995.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 95–7362 Filed 3–21–95; 3:49 pm]

BILLING CODE 4910–22–P

National Highway Traffic Safety

Administration

23 CFR Part 1313

[Docket No. 89–02; Notice 7]

RIN 2127–AD01

Incentive Grant Criteria for Drunk

Driving Prevention Programs

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Interim final rule; reopening of

comment period.

SUMMARY: On August 9, 1994, (59 FR

40471) NHTSA published an interim

final rule, amending the criterion in part

1313 for a supplemental grant for States

that deem persons under age 21 who

operate a motor vehicle with a BAC of

0.02 or greater to be driving while

intoxicated. The interim final rule

requested comments on the amendment.

Today’s notice reopens the comment

period to provide States, national

organizations and other interested

persons an additional opportunity to

comment on the amendment.

DATES: The comment period for NHTSA

Docket No. 89–02; Notice 6 is reopened

so that it closes May 23, 1995.

ADDRESSES: Written comments should

refer to the docket number and the

number of this notice and be submitted

(preferably in ten copies) to: Docket

Section, National Highway Traffic

Safety Administration, Room 5109,

Nassif Building, 400 Seventh Street,

SW., Washington, DC 20590. (Docket

hours are from 9:30 a.m. to 4 p.m.)

FOR FURTHER INFORMATION CONTACT: Ms.

Marlene Markison, Chief, Program

Support Staff, NSC–10, National

Highway Traffic Safety Administration,