[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Notices]
[Page 44089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17779]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0016]


Notice of Buy America Waiver for Waterjets

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America waiver.

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SUMMARY: In response to the Golden Gate Bridge Highway & Transportation 
District's (Bridge District) request for a Buy America waiver for 
waterjets, the Federal Transit Administration (FTA) hereby waives its 
Buy America requirements for waterjets to be installed in the Bridge 
District's M.V. Mendocino ferry vessel. This waiver is limited to a 
single procurement for the waterjets to be installed in the M.V. 
Mendocino ferry vessel, which is part of an FTA-funded project.

DATES: This waiver is effective immediately.

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 announce 
that FTA has granted a non-availability waiver for the Bridge 
District's procurement of waterjets to be installed in its M.V. 
Mendocino 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 must 
take place in the United States; and (2) All of the components of the 
product must be 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).
    Earlier this year, FTA received a petition from the Bridge District 
seeking a waiver that would permit them to procure replacement 
waterjets for the M.V. Mendocino ferry vessel that would not be 
manufactured in the United States and therefore would not comply with 
FTA's Buy America requirements. The Bridge District submitted 
documentation showing that it had sought a domestic manufacturer of 
waterjets meeting its technical requirements, but the one domestic 
manufacturer it located, NAMjet of Arkansas, was not capable of 
constructing commercial waterjets meeting the Bridge District's design 
needs, and that the only responsive bidder, HamiltonJet of New Zealand, 
would not be able to provide a Buy America-compliant waterjet to the 
Bridge District. Pursuant to 49 CFR 661.7, FTA published a notice in 
the Federal Register on July 8, 2014, (79 FR 38665) seeking public 
comment on the Bridge District's request.
    During the comment period, FTA received no objections to the Bridge 
District's petition. In fact, FTA received no comments at all, 
indicating a likely lack of interest from domestic manufacturers who 
were ready, willing, and able to produce waterjets meeting the Bridge 
District's specifications. As part of its due diligence, FTA also 
reached out to its sister agency, the Maritime Administration (MARAD), 
the modal agency within the US Department of Transportation responsible 
for maritime matters, including domestic vessel construction. MARAD's 
Office of Shipyards and Marine Engineering confirmed that of the 
domestic manufacturers of waterjets, there were none capable of meeting 
the higher volume performance standards required for the Bridge 
District's ferry.
    Based upon the Bridge District's representations that it is unable 
to procure Buy America-compliant waterjets, the lack of responses to 
FTA's Federal Register Notice, and FTA's outreach to its MARAD 
counterparts, FTA is issuing a non-availability waiver for 
HamiltonJet's high-capacity waterjets pursuant to 49 CFR 661.7(c). This 
waiver is limited to the procurement of waterjets for the M.V. 
Mendocino. Subsequent requests for replacement waterjets will be 
subject to similar notice-and-comment publication requirements.

Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2014-17779 Filed 7-28-14; 8:45 am]
BILLING CODE 4910-57-P