82 FR 55153 - Buy America Waiver Notification
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 82, Issue 222 (November 20, 2017)
Federal Highway Administration
Federal Register Volume 82, Issue 222 (November 20, 2017)
| Page Range | 55153-55153 | |
| FR Document | 2017-25074 |
[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)] [Notices] [Page 55153] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25074] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for 33 iron and steel components of Georgia Ports Authority-procured Rail Mounted Gantry (RMG) cranes that will increase intermodal capacity at the Garden City Terminal in Garden City, Georgia. These iron and steel components are not manufactured (from melting to coating) in the United States in sufficient and reasonably available quantities and of a satisfactory quality. DATES: The effective date of the waiver is November 21, 2017. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366-1562, or via email at [email protected]. For legal questions, please contact Mr. Jomar Maldonado, FHWA Office of the Chief Counsel, 202-366-1373, or via email at [email protected]. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be downloaded from the Federal Register's home page at: http://www.archives.gov and the Government Publishing Office's database at: http://www.access.thefederalregister.org/nara. 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 in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when satisfactory quality domestic steel and iron products are not sufficiently available (non-availability). This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for twenty-eight iron and steel components of eight RMG cranes that will be procured by the Georgia Ports Authority to increase intermodal capacity at the Garden City Terminal in Garden City, Georgia due to non-availability. In accordance with the Consolidated Appropriations Act of 2017 (Pub. L. 115-31), FHWA published a notice seeking comments on whether a waiver is appropriate on its Web site, https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=150 on May 9. The FHWA received no comments in response to the publication. The Georgia Ports Authority commissioned an independent study demonstrating that RMG cranes could not be produced domestically. These findings are consistent with past studies demonstrating that no RMG cranes using 100 percent domestic steel and iron are reasonably available. Based on vendor responses to the port's procurement solicitation, some crane components could be manufactured in the U.S. However, the following 33 items are not manufactured in the U.S. in manner that the iron and steel complies with FHWA's Buy America requirements: gantry motor, gantry motor brake, gantry gearbox couplings, gantry gearbox, gantry wheel, gantry guide and thrust roller assembly, gantry rail brake hydraulic pump, gantry rail brake hydraulic solenoid, gantry oleo bumper, trolley motor, trolley motor brake, trolley motor gearbox coupling, trolley motor gearbox, trolley wheel, trolley guide thrust roller assembly, trolley oleo bumper, hoist motor, hoist motor gearbox coupling, hoist gearbox, hoist gearbox hoist drum coupling, hoist brake thruster, hoist sheave, hoist headblock sheave, slew motor, slew motor brake, slew motor gearbox coupling, slew gearbox, gantry cable rear motor, gantry cable reel gearbox, gantry cable reel brake assembly, gantry cable reel slip ring assembly, load cell pin, and main power transformer. Based on all the information available to the agency, FHWA concludes that there are no domestic manufacturers for these 33 components of RMG cranes for use by the Georgia Ports Authority. Accordingly, the FHWA waives the Buy America requirements for these 33 components. This limited waiver does not include steel and iron components of the RMG cranes that are available with steel and iron produced domestically, including the steel gantry structure. This project will be completed under a Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies, Significant Freight, and Highway Projects FY 2016 grant award (commonly referred to as FASTLANE grants). In accordance with the provisions of section 117 of the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to FHWA's Web site via the link provided to the waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410 Issued on: November 13, 2017. Brandye L. Hendrickson, Acting Administrator, Federal Highway Administration. [FR Doc. 2017-25074 Filed 11-17-17; 8:45 am] BILLING CODE 4910-22-P
![Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices 55153
3. Wildlife: Endangered Species Act DATES: The effective date of the waiver items are not manufactured in the U.S.
[16 U.S.C. 1531–1544 and Section is November 21, 2017. in manner that the iron and steel
1536], Fish and Wildlife Coordination FOR FURTHER INFORMATION CONTACT: For complies with FHWA’s Buy America
Act [16 U.S.C. 661–667(d)], Migratory questions about this notice, please requirements: gantry motor, gantry
Bird Treaty Act [16 U.S.C. 703–712]. contact Mr. Gerald Yakowenko, FHWA motor brake, gantry gearbox couplings,
4. Historic and Cultural Resources: Office of Program Administration, (202) gantry gearbox, gantry wheel, gantry
Section 106 of the National Historic 366–1562, or via email at guide and thrust roller assembly, gantry
Preservation Act of 1966, as amended Gerald.Yakowenko@dot.gov. For legal rail brake hydraulic pump, gantry rail
[54 U.S.C. 306108 et seq.]. questions, please contact Mr. Jomar brake hydraulic solenoid, gantry oleo
5. Social and Economic: Civil Rights Maldonado, FHWA Office of the Chief bumper, trolley motor, trolley motor
Act of 1964 [42 U.S.C. 2000(d)– Counsel, 202–366–1373, or via email at brake, trolley motor gearbox coupling,
2000(d)(1)]; American Indian Religious Jomar.Maldonado@dot.gov. Office hours trolley motor gearbox, trolley wheel,
Freedom Act [42 U.S.C. 1996]. for the FHWA are from 8:00 a.m. to 4:30 trolley guide thrust roller assembly,
6. Water: Clean Water Act [33 U.S.C. p.m., E.T., Monday through Friday, trolley oleo bumper, hoist motor, hoist
1251–1387]. except Federal holidays. motor gearbox coupling, hoist gearbox,
7. Executive Orders: E.O. 11990 hoist gearbox hoist drum coupling, hoist
Protection of Wetlands; E.O. 11988 SUPPLEMENTARY INFORMATION:
brake thruster, hoist sheave, hoist
Floodplain Management; E.O. 12898, Electronic Access headblock sheave, slew motor, slew
Federal Actions to Address
An electronic copy of this document motor brake, slew motor gearbox
Environmental Justice in Minority
may be downloaded from the Federal coupling, slew gearbox, gantry cable
Populations and Low Income
Register’s home page at: http:// rear motor, gantry cable reel gearbox,
Populations; E.O. 11593 Protection and
www.archives.gov and the Government gantry cable reel brake assembly, gantry
Enhancement of Cultural Resources;
Publishing Office’s database at: http:// cable reel slip ring assembly, load cell
E.O. 13007 Indian Sacred Sites; E.O.
www.access.gpo.gov/nara. pin, and main power transformer. Based
13287 Preserve America; E.O. 13175
on all the information available to the
Consultation and Coordination with Background agency, FHWA concludes that there are
Indian Tribal Governments; E.O. 11514
The FHWA’s Buy America policy in no domestic manufacturers for these 33
Protection and Enhancement of
23 CFR 635.410 requires a domestic components of RMG cranes for use by
Environmental Quality; E.O. 13112
manufacturing process for any steel or the Georgia Ports Authority.
Invasive Species.
iron products (including protective Accordingly, the FHWA waives the Buy
(Catalog of Federal Domestic Assistance coatings) that are permanently America requirements for these 33
Program Number 20.205, Highway Planning incorporated in a Federal-aid components. This limited waiver does
and Construction. The regulations construction project. The regulation also
implementing Executive Order 12372
not include steel and iron components
regarding intergovernmental consultation on
provides for a waiver of the Buy of the RMG cranes that are available
Federal programs and activities apply to this America requirements when satisfactory with steel and iron produced
program.) quality domestic steel and iron products domestically, including the steel gantry
are not sufficiently available (non- structure.
Authority: 23 U.S.C. 139(l)(1).
availability). This notice provides This project will be completed under
Issued on: November 14, 2017. information regarding FHWA’s finding a Fostering Advancements in Shipping
Karla S. Petty, that a Buy America waiver is and Transportation for the Long-term
Division Administrator. appropriate for twenty-eight iron and Achievement of National Efficiencies,
[FR Doc. 2017–25069 Filed 11–17–17; 8:45 am] steel components of eight RMG cranes Significant Freight, and Highway
BILLING CODE P that will be procured by the Georgia Projects FY 2016 grant award
Ports Authority to increase intermodal (commonly referred to as FASTLANE
capacity at the Garden City Terminal in grants).
DEPARTMENT OF TRANSPORTATION Garden City, Georgia due to non-
availability. In accordance with the provisions of
Federal Highway Administration In accordance with the Consolidated section 117 of the SAFETEA–LU
Appropriations Act of 2017 (Pub. L. Technical Corrections Act of 2008
Buy America Waiver Notification 115–31), FHWA published a notice (Pub. L. 110–244, 122 Stat. 1572),
seeking comments on whether a waiver FHWA is providing this notice as its
AGENCY: Federal Highway
is appropriate on its Web site, https:// finding that a waiver of Buy America
Administration (FHWA), DOT.
www.fhwa.dot.gov/construction/ requirements is appropriate. The FHWA
ACTION: Notice.
contracts/waivers.cfm?id=150 on May 9. invites public comment on this finding
SUMMARY: This notice provides The FHWA received no comments in for an additional 15 days following the
information regarding FHWA’s finding response to the publication. effective date of the finding. Comments
that a Buy America waiver is The Georgia Ports Authority may be submitted to FHWA’s Web site
appropriate for 33 iron and steel commissioned an independent study via the link provided to the waiver page
components of Georgia Ports Authority- demonstrating that RMG cranes could noted above.
procured Rail Mounted Gantry (RMG) not be produced domestically. These Authority: 23 U.S.C. 313; Pub. L. 110–161,
cranes that will increase intermodal findings are consistent with past studies 23 CFR 635.410
nshattuck on DSK9F9SC42PROD with NOTICES
capacity at the Garden City Terminal in demonstrating that no RMG cranes
Issued on: November 13, 2017.
Garden City, Georgia. These iron and using 100 percent domestic steel and
steel components are not manufactured iron are reasonably available. Based on Brandye L. Hendrickson,
(from melting to coating) in the United vendor responses to the port’s Acting Administrator, Federal Highway
States in sufficient and reasonably procurement solicitation, some crane Administration.
available quantities and of a satisfactory components could be manufactured in [FR Doc. 2017–25074 Filed 11–17–17; 8:45 am]
quality. the U.S. However, the following 33 BILLING CODE 4910–22–P
VerDate Sep<11>2014 15:15 Nov 17, 2017 Jkt 244001 PO 00000 Frm 00076 Fmt 4703 Sfmt 9990 E:\FR\FM\20NON1.SGM 20NON1](https://thefederalregister.org/doc/82_FR_55375/page/1.svg)
Document Created: 2018-10-25 10:42:29
Document Modified: 2018-10-25 10:42:29
| 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. | |
| Dates | The effective date of the waiver is November 21, 2017. | |
| Contact | For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366-1562, or via email at [email protected] For legal questions, please contact Mr. Jomar Maldonado, FHWA Office of the Chief Counsel, 202-366-1373, or via email at [email protected] Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays. | |
| FR Citation | 82 FR 55153 |
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