[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38665-38666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15903]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0016]


Notice of Proposed Buy America Waiver for Waterjets

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of proposed Buy America waiver and request for comment.

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SUMMARY: The Federal Transit Administration (FTA) received a request 
for a waiver to permit the purchase of new waterjets that are non-
compliant with Buy America requirements using FTA funding. The request 
is from the Golden Gate Bridge Highway & Transportation District 
(Golden Gate Bridge) for its M.V. Mendocini ferry vessel. In accordance 
with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver 
request and seeks public comment before deciding whether to grant the 
request. If granted, the waiver only would apply to a one-time FTA-
funded procurement by Golden Gate Bridge.

DATES: Comments must be received by July 15, 2014. Late-filed comments 
will be considered to the extent practicable.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FTA-2014-0016:
    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, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
    4. Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must make reference to the ``Federal 
Transit Administration'' and include docket number FTA-2014-0016. Due 
to the security procedures in effect since October 2011, mail received 
through the U.S. Postal Service may be subject to delays. Parties 
making submissions responsive 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 April 11, 2000 (65 FR 19477), or you may 
visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mary J. Lee, FTA Attorney-Advisor, at 
(202) 366-0985 or [email protected].

SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide 
notice and seek comment on whether the FTA should a grant non-
availability waiver for Golden Gate Bridge's procurement of replacement 
waterjets for its M.V. Mendocini ferry vessel.
    With certain exceptions, FTA's Buy America requirements prevent FTA 
from obligating an amount that may be appropriated to carry out its 
program for a project unless ``the steel, iron, and manufactured goods 
used in the project are produced in the United States.'' 49 U.S.C. 
5323(j)(1). A manufactured product is considered produced in the United 
States if: (1) all of the manufacturing processes for the product take 
place in the United States; and (2) all of the components of the 
product are of U.S. origin. A component is considered of U.S. origin if 
it is manufactured in the United States, regardless of the origin of 
its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that 
``the steel, iron, and goods produced in the United States are not 
produced in a sufficient and reasonably available amount or are not of 
a satisfactory quality,'' then FTA may issue a waiver (non-availability 
waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c).
    Golden Gate Bridge provides ferry service to an average of 7,000 
passengers per day. According to Golden Gate Bridge, ridership 
continues to increase and continued maintenance of its fleet of ferry 
vessels, such as the M.V. Mendocini, is necessary to provide reliable 
service. At this time, Golden Gate Bridge needs to replace the 
waterjets in the M.V. Mendocini. Golden Gate Bridge asserts that there 
is only one manufacturer of commercial waterjets in the United States, 
NAMjet of Arkansas, but this manufacturer only provides waterjets for 
smaller ferry vessels that have no more than 800 brake horsepower 
(bhp), which is less than half the amount of bhp needed for Golden Gate 
Bridge's M.V. Mendocini ferry vessel. In addition, the M.V. Mendocini 
ferry vessel's design and control system configuration only permits a 
waterjet such as the one HamiltonJet of New Zealand manufactures, which 
is not Buy America compliant.
    The purpose of this notice is to publish Golden Gate Bridge's 
request and seek public comment from all interested parties in 
accordance with 49 U.S.C. 5323(j)(3)(A). Comments will help FTA 
understand completely the

[[Page 38666]]

facts surrounding the request, including the effects of a potential 
waiver and the merits of the request. A full copy of the request has 
been placed in docket number FTA-2014-0016.

Dana C. Nifosi,
Deputy Chief Counsel.
[FR Doc. 2014-15903 Filed 7-7-14; 8:45 am]
BILLING CODE 4910-57-P