81 FR 40755 - Notice of Intent To Grant a Buy America Waiver to Palmetto Railways, a Division of the South Carolina Department of Commerce, To Use Wide-Span, Electric, Rail-Mounted Gantry Cranes
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 81, Issue 120 (June 22, 2016)
Federal Railroad Administration
Federal Register Volume 81, Issue 120 (June 22, 2016)
| Page Range | 40755-40756 | |
| FR Document | 2016-14708 |
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)] [Notices] [Pages 40755-40756] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14708] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2012-0033] Notice of Intent To Grant a Buy America Waiver to Palmetto Railways, a Division of the South Carolina Department of Commerce, To Use Wide-Span, Electric, Rail-Mounted Gantry Cranes AGENCY: Federal Railroad Administration (FRA), United States Department of Transportation (DOT). ACTION: Notice of intent to grant Buy America waiver. ----------------------------------------------------------------------- SUMMARY: FRA is issuing this notice to advise the public it intends to grant Palmetto Railways a waiver from FRA's Buy America requirement to use four (4) wide-span, electric, rail-mounted gantry cranes (WSCs). DATES: Written comments on FRA's determination to grant Palmetto's Buy America waiver request should be provided to the FRA on or before June 29, 2016. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FRA-2012-0033. All electronic submissions must be made to the U.S. Government electronic site at http://www.regulations.gov. Commenters should follow the instructions below for mailed and hand-delivered comments: (1) Web site: http://www.regulations.gov. Follow the instructions for submitting comments on the U.S. Government electronic docket site; (2) Fax: (202) 493-2251; (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, Room W12-140, Washington, DC 20590-0001; or (4) Hand Delivery: Room W12-140 on the first floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must reference the ``Federal Railroad Administration'' and include docket number FRA-2012-0033. Due to security procedures in effect since October 2001, mail received through the U.S. Postal Service may be subject to delays. Parties submitting responses to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to http://www.regulations.gov. For more information, you may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or visit http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590, (202) 493-0078, [email protected]. SUPPLEMENTARY INFORMATION: FRA provides information on its reasons for granting this waiver in a letter to Palmetto Railways, quoted below: Jeffrey M. McWhorter President & CEO Palmetto Railways 540 East Bay Street Charleston, SC 29403 Re: Request for Waiver of Buy America Requirement for Wide-Span, Electric, Rail-Mounted Gantry Cranes Dear Mr. McWhorter: This letter is in response to your request that the Federal Railroad Administration (FRA) grant Palmetto Railways (Palmetto), a division of the South Carolina Department of Commerce, a waiver from FRA's Buy America policy applicable to FRA's Railroad Rehabilitation & Improvement Financing (RRIF) loan program. Palmetto requests a waiver to purchase four (4) wide-span, electric, rail-mounted gantry cranes (WSCs) because no company manufactures WSCs in the United States. Palmetto plans to use the WSCs at a brand new Intermodal Container Transfer Facility (ICTF) on the site of the former Charleston Navy Base, located in the City of North Charleston, South Carolina. The total estimated cost of the WSCs is $[ ] or 8.2 percent of the total investment of approximately $[ ] to construct the ICTF. For the reasons set forth below, FRA is granting Palmetto's waiver request. FRA applies 49 U.S.C. 24405(a)(1) to RRIF loans. Section 24405(a)(1) requires that the steel, iron, and manufactured goods used in a project be produced in the United States. FRA may waive the Buy America requirements if FRA finds that: (A) applying the requirements would be inconsistent with the public interest; (B) the steel, iron, and goods manufactured in the United States are not produced in sufficient and reasonably available amounts or are not of a satisfactory quality; (C) rolling stock or power train equipment cannot be bought or delivered to [[Page 40756]] the United States within a reasonable time; or (D) including domestic material will increase the cost of the overall project by more than 25 percent. FRA concludes a waiver is appropriate because domestically- produced WSCs meeting Palmetto's specification for the ICTF project are not currently produced in the United States. FRA bases this determination on the following:While there are domestic manufacturers for smaller, intermodal cranes, there are no U.S. manufacturers of large and wide-span intermodal cranes for ports; In 2011, U.S. Department of Transportation's Maritime Administration (MARAD) determined it had been fifteen years since mobile harbor cranes were manufactured in the United States and issued a waiver for foreign mobile harbor cranes. See 76 FR 14457 (March 16, 2011). This finding comports with previous waivers for cranes granted by MARAD in 2010 and the Federal Highway Administration (FHWA) in 2009. See 75 FR 68661 (November 8, 2010) and 74 FR 51363 (October 6, 2009), respectively; In 2013, the National Institute of Standards and Technology's Hollings Manufacturing Extension Partnership (NIST-MEP) scouted for domestic rail-mounted and rubber tire mobile harbor cranes for intermodal containers and did not locate any U.S. manufacturers; In 2015, NIST-MEP scouted for domestic large, container vessel ship-to-shore gantry cranes and did not locate any U.S. manufacturers currently manufacturing these cranes; In 2015, Palmetto conducted extensive market research about active WSC manufacturers and found that they do not manufacture WSCs in the United States; In January 2015, FHWA granted a Buy America waiver for non-domestic harbor cranes after concluding that there are no domestic manufacturers. See 80 FR 3005 (January 21, 2015); On February 9, 2015, FRA provided public notice of this waiver request and a 15-day opportunity for comment on its Web site. FRA also emailed notice to over 6,000 persons who have signed up for Buy America notices through ``GovDelivery.'' See https://www.fra.dot.gov/Page/P0783. FRA received no comments; In May 2015, FHWA granted another Buy America waiver for cargo cranes after concluding that there are no domestic manufacturers. See 80 FR 29790 (May 22, 2015); and In January 2016, FRA independently confirmed there are no domestic WSC manufacturers. FRA discussed the U.S. market with crane/intermodal experts from several port terminals and railroad intermodal operations with experience purchasing a variety of crane equipment, including WSC cranes. FRA encourages Palmetto to follow through with the bidding process described in its waiver request, including Palmetto's expectation to weight ``the ability of a supplier to offer a technically compliant, cost-effective solution that maximizes U.S.- origin content over the lifecycle of the WSCs.'' FRA is publishing notice of its decision to grant Palmetto's waiver request in the Federal Register to provide notice of such finding and an opportunity for public comment after which this waiver will become effective. This waiver applies only to the WSCs for Palmetto's procurement as identified in its waiver request. Questions about this letter can be directed to, John Johnson, Attorney-Advisor, at [email protected] or (202) 493-0078. Sincerely, Sarah E. Feinberg, Administrator. Issued in Washington, DC, on June 16, 2016. Amitabha Bose, Chief Counsel. [FR Doc. 2016-14708 Filed 6-21-16; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40755
FMCSA discontinued use of the 3-year FMCSA–2016–0040 and click ‘‘Search.’’ Administration’’ and include docket
driving experience and fulfilled the Next, click ‘‘Open Docket Folder’’ and number FRA–2012–0033. Due to
requirements of section 4129 while you will find all documents and security procedures in effect since
continuing to ensure that operation of comments related to this notice. October 2001, mail received through the
CMVs by drivers with ITDM will Issued on: June 13, 2016. U.S. Postal Service may be subject to
achieve the requisite level of safety Larry W. Minor, delays. Parties submitting responses to
required of all exemptions granted this notice should consider using an
Associate Administrator for Policy.
under 49 U.S.C. 31136 (e). express mail firm to ensure the prompt
Section 4129(d) also directed FMCSA [FR Doc. 2016–14747 Filed 6–21–16; 8:45 am]
filing of any submissions not filed
to ensure that drivers of CMVs with BILLING CODE 4910–EX–P
electronically or by hand. Note that all
ITDM are not held to a higher standard submissions received, including any
than other drivers, with the exception of personal information therein, will be
limited operating, monitoring and DEPARTMENT OF TRANSPORTATION
posted without change or alteration to
medical requirements that are deemed Federal Railroad Administration http://www.regulations.gov. For more
medically necessary. information, you may review DOT’s
The FMCSA concluded that all of the [Docket No. FRA–2012–0033] complete Privacy Act Statement in the
operating, monitoring and medical Federal Register published on April 11,
requirements set out in the September 3, Notice of Intent To Grant a Buy
America Waiver to Palmetto Railways, 2000 (65 FR 19477), or visit http://
2003 notice, except as modified, were in www.regulations.gov.
compliance with section 4129(d). a Division of the South Carolina
Department of Commerce, To Use FOR FURTHER INFORMATION CONTACT: Mr.
Therefore, all of the requirements set
out in the September 3, 2003 notice, Wide-Span, Electric, Rail-Mounted John Johnson, Attorney-Advisor, FRA
except as modified by the notice in the Gantry Cranes Office of Chief Counsel, 1200 New
Federal Register on November 8, 2005 Jersey Avenue SE., Mail Stop 10,
AGENCY: Federal Railroad Washington, DC 20590, (202) 493–0078,
(70 FR 67777), remain in effect. Administration (FRA), United States
John.Johnson@dot.gov.
IV. Submitting Comments Department of Transportation (DOT).
SUPPLEMENTARY INFORMATION: FRA
ACTION: Notice of intent to grant Buy
You may submit your comments and provides information on its reasons for
America waiver.
material online or by fax, mail, or hand granting this waiver in a letter to
delivery, but please use only one of SUMMARY: FRA is issuing this notice to Palmetto Railways, quoted below:
these means. FMCSA recommends that advise the public it intends to grant Jeffrey M. McWhorter
you include your name and a mailing Palmetto Railways a waiver from FRA’s President & CEO
address, an email address, or a phone Buy America requirement to use four (4) Palmetto Railways
number in the body of your document wide-span, electric, rail-mounted gantry 540 East Bay Street
Charleston, SC 29403
so that FMCSA can contact you if there cranes (WSCs). Re: Request for Waiver of Buy America
are questions regarding your DATES: Written comments on FRA’s Requirement for Wide-Span, Electric,
submission. determination to grant Palmetto’s Buy Rail-Mounted Gantry Cranes
To submit your comment online, go to America waiver request should be Dear Mr. McWhorter:
http://www.regulations.gov and in the provided to the FRA on or before June This letter is in response to your request
search box insert the docket number 29, 2016. that the Federal Railroad Administration
FMCSA–2016–0040 and click the search ADDRESSES: Please submit your (FRA) grant Palmetto Railways (Palmetto), a
button. When the new screen appears, comments by one of the following division of the South Carolina Department of
click on the blue ‘‘Comment Now!’’ means, identifying your submissions by Commerce, a waiver from FRA’s Buy
button on the right hand side of the America policy applicable to FRA’s Railroad
docket number FRA–2012–0033. All
page. On the new page, enter Rehabilitation & Improvement Financing
electronic submissions must be made to (RRIF) loan program. Palmetto requests a
information required including the the U.S. Government electronic site at waiver to purchase four (4) wide-span,
specific section of this document to http://www.regulations.gov. electric, rail-mounted gantry cranes (WSCs)
which each comment applies, and Commenters should follow the because no company manufactures WSCs in
provide a reason for each suggestion or instructions below for mailed and hand- the United States. Palmetto plans to use the
recommendation. If you submit your delivered comments: WSCs at a brand new Intermodal Container
comments by mail or hand delivery, (1) Web site: http:// Transfer Facility (ICTF) on the site of the
submit them in an unbound format, no www.regulations.gov. Follow the former Charleston Navy Base, located in the
larger than 81⁄2 by 11 inches, suitable for instructions for submitting comments City of North Charleston, South Carolina. The
total estimated cost of the WSCs is $[ ] or
copying and electronic filing. If you on the U.S. Government electronic 8.2 percent of the total investment of
submit comments by mail and would docket site; approximately $[ ] to construct the ICTF.
like to know that they reached the (2) Fax: (202) 493–2251; For the reasons set forth below, FRA is
facility, please enclose a stamped, self- (3) Mail: U.S. Department of granting Palmetto’s waiver request.
addressed postcard or envelope. Transportation, 1200 New Jersey FRA applies 49 U.S.C. 24405(a)(1) to RRIF
We will consider all comments and Avenue SE., Docket Operations, M–30, loans. Section 24405(a)(1) requires that the
material received during the comment Room W12–140, Washington, DC steel, iron, and manufactured goods used in
period. FMCSA may issue a final 20590–0001; or a project be produced in the United States.
(4) Hand Delivery: Room W12–140 on FRA may waive the Buy America
mstockstill on DSK3G9T082PROD with NOTICES
determination at any time after the close
the first floor of the West Building, 1200 requirements if FRA finds that: (A) applying
of the comment period.
the requirements would be inconsistent with
New Jersey Avenue SE., Washington,
V. Viewing Comments and Documents the public interest; (B) the steel, iron, and
DC 20590, between 9 a.m. and 5 p.m., goods manufactured in the United States are
To view comments, as well as any Monday through Friday, except Federal not produced in sufficient and reasonably
documents mentioned in this preamble, holidays. available amounts or are not of a satisfactory
go to http://www.regulations.gov and in Instructions: All submissions must quality; (C) rolling stock or power train
the search box insert the docket number reference the ‘‘Federal Railroad equipment cannot be bought or delivered to
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![40756 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices
the United States within a reasonable time; origin content over the lifecycle of the the World Wide Web at http://
or (D) including domestic material will WSCs.’’ FRA is publishing notice of its www.regulations.gov.
increase the cost of the overall project by decision to grant Palmetto’s waiver request in
more than 25 percent. the Federal Register to provide notice of FOR FURTHER INFORMATION CONTACT:
FRA concludes a waiver is appropriate such finding and an opportunity for public Bianca Carr, U.S. Department of
because domestically-produced WSCs comment after which this waiver will
meeting Palmetto’s specification for the ICTF Transportation, Maritime
become effective. This waiver applies only to
project are not currently produced in the the WSCs for Palmetto’s procurement as Administration, 1200 New Jersey
United States. identified in its waiver request. Avenue SE., Room W23–453,
FRA bases this determination on the Questions about this letter can be directed Washington, DC 20590. Telephone 202–
following: to, John Johnson, Attorney-Advisor, at 366–9309, Email Bianca.carr@dot.gov.
• While there are domestic manufacturers John.Johnson@dot.gov or (202) 493–0078.
for smaller, intermodal cranes, there are no Sincerely, SUPPLEMENTARY INFORMATION: As
U.S. manufacturers of large and wide-span described by the applicant the intended
intermodal cranes for ports; Sarah E. Feinberg,
Administrator. service of the vessel PHOTOBOAT is:
• In 2011, U.S. Department of
Transportation’s Maritime Administration Issued in Washington, DC, on June 16, Intended Commercial Use of Vessel:
(MARAD) determined it had been fifteen 2016. ‘‘Small passenger vessel for contract
years since mobile harbor cranes were Amitabha Bose, water taxi services and as a platform for
manufactured in the United States and issued Chief Counsel. additional professional marine
a waiver for foreign mobile harbor cranes. photographers/videographers’’
See 76 FR 14457 (March 16, 2011). This [FR Doc. 2016–14708 Filed 6–21–16; 8:45 am]
finding comports with previous waivers for BILLING CODE 4910–06–P Geographic Region: ‘‘Washington
cranes granted by MARAD in 2010 and the State, Oregon, California’’
Federal Highway Administration (FHWA) in
2009. See 75 FR 68661 (November 8, 2010)
The complete application is given in
DEPARTMENT OF TRANSPORTATION
and 74 FR 51363 (October 6, 2009), DOT docket MARAD–2016–0063 at
respectively; Maritime Administration http://www.regulations.gov. Interested
• In 2013, the National Institute of parties may comment on the effect this
Standards and Technology’s Hollings [Docket No. MARAD–2016 0063] action may have on U.S. vessel builders
Manufacturing Extension Partnership (NIST– or businesses in the U.S. that use U.S.-
MEP) scouted for domestic rail-mounted and Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel flag vessels. If MARAD determines, in
rubber tire mobile harbor cranes for
intermodal containers and did not locate any PHOTOBOAT; Invitation for Public accordance with 46 U.S.C. 12121 and
U.S. manufacturers; Comments MARAD’s regulations at 46 CFR part
• In 2015, NIST–MEP scouted for domestic 388, that the issuance of the waiver will
large, container vessel ship-to-shore gantry AGENCY: Maritime Administration, have an unduly adverse effect on a U.S.-
cranes and did not locate any U.S. Department of Transportation. vessel builder or a business that uses
manufacturers currently manufacturing these ACTION: Notice. U.S.-flag vessels in that business, a
cranes;
• In 2015, Palmetto conducted extensive
waiver will not be granted. Comments
SUMMARY: As authorized by 46 U.S.C.
market research about active WSC should refer to the docket number of
12121, the Secretary of Transportation,
manufacturers and found that they do not this notice and the vessel name in order
as represented by the Maritime
manufacture WSCs in the United States;
Administration (MARAD), is authorized for MARAD to properly consider the
• In January 2015, FHWA granted a Buy comments. Comments should also state
America waiver for non-domestic harbor to grant waivers of the U.S.-build
requirement of the coastwise laws under the commenter’s interest in the waiver
cranes after concluding that there are no
certain circumstances. A request for application, and address the waiver
domestic manufacturers. See 80 FR 3005
(January 21, 2015); such a waiver has been received by criteria given in § 388.4 of MARAD’s
• On February 9, 2015, FRA provided MARAD. The vessel, and a brief regulations at 46 CFR part 388.
public notice of this waiver request and a 15- description of the proposed service, is
day opportunity for comment on its Web site.
Privacy Act
listed below.
FRA also emailed notice to over 6,000
DATES: Submit comments on or before Anyone is able to search the
persons who have signed up for Buy America
notices through ‘‘GovDelivery.’’ See https:// July 22, 2016. electronic form of all comments
www.fra.dot.gov/Page/P0783. FRA received ADDRESSES: Comments should refer to received into any of our dockets by the
no comments; docket number MARAD–2016–0063. name of the individual submitting the
• In May 2015, FHWA granted another Written comments may be submitted by comment (or signing the comment, if
Buy America waiver for cargo cranes after hand or by mail to the Docket Clerk, submitted on behalf of an association,
concluding that there are no domestic business, labor union, etc.). You may
U.S. Department of Transportation,
manufacturers. See 80 FR 29790 (May 22,
2015); and Docket Operations, M–30, West review DOT’s complete Privacy Act
• In January 2016, FRA independently Building Ground Floor, Room W12–140, Statement in the Federal Register
confirmed there are no domestic WSC 1200 New Jersey Avenue SE., published on April 11, 2000 (Volume
manufacturers. FRA discussed the U.S. Washington, DC 20590. You may also 65, Number 70; Pages 19477–78).
market with crane/intermodal experts from send comments electronically via the
By Order of the Maritime Administrator.
several port terminals and railroad Internet at http://www.regulations.gov.
intermodal operations with experience All comments will become part of this Dated: June 14, 2016.
mstockstill on DSK3G9T082PROD with NOTICES
purchasing a variety of crane equipment, docket and will be available for T. Mitchell Hudson, Jr.,
including WSC cranes.
inspection and copying at the above Secretary, Maritime Administration.
FRA encourages Palmetto to follow
through with the bidding process described address between 10 a.m. and 5 p.m., [FR Doc. 2016–14653 Filed 6–21–16; 8:45 am]
in its waiver request, including Palmetto’s E.T., Monday through Friday, except BILLING CODE 4910–81–P
expectation to weight ‘‘the ability of a federal holidays. An electronic version
supplier to offer a technically compliant, of this document and all documents
cost-effective solution that maximizes U.S.- entered into this docket is available on
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Document Created: 2016-06-22 01:06:12
Document Modified: 2016-06-22 01:06:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of intent to grant Buy America waiver. | |
| Dates | Written comments on FRA's determination to grant Palmetto's Buy America waiver request should be provided to the FRA on or before June 29, 2016. | |
| Contact | Mr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590, (202) 493-0078, [email protected] | |
| FR Citation | 81 FR 40755 |
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