[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Page 87125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28973]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Buy America Waiver Notification

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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SUMMARY: This notice provides information regarding FHWA's finding that 
a Buy America waiver is appropriate for procurement of two non-domestic 
Ship-to-Shore Container Gantry Cranes to accommodate Ultra Large 
Container Vessels at the Port of Newark Container Terminal in the State 
of New Jersey.

DATES: The effective date of the waiver is December 5, 2016.

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. 
William Winne, FHWA Office of the Chief Counsel, (202) 366-1397, or via 
email at [email protected]. Office hours for 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: https://www.gpo.gov/fdsys/.

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 the application would be inconsistent 
with the public interest or when satisfactory quality domestic steel 
and iron products are not sufficiently available. This notice provides 
information regarding FHWA's finding that a Buy America waiver is 
appropriate for use of non-domestic Ship-to-Shore Container Gantry 
Cranes to accommodate Ultra Large Container Vessels at the Port of 
Newark Container Terminal in the State of New Jersey.
    In accordance with the Consolidated Appropriations Act, 2016 (Pub. 
L. 114-113) and the Continuing Appropriations Act, 2017 (Pub. L. 114-
223), FHWA published a notice of intent to issue a waiver on its Web 
site: http://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=134 
on September 20th. The FHWA received three comments in response to the 
publication. The commenters provided general comments on Buy America 
with no specific information regarding domestic sources for Ship-to-
Shore Container Gantry Cranes. Based on all the information available 
to the agency, FHWA concludes that there are no domestic manufacturers 
of Ship-to-Shore Container Gantry Cranes to accommodate Ultra Large 
Container Vessels at the Port of Newark Container Terminal.
    The New Jersey State DOT, contractors, and subcontractors involved 
in the procurement of ship-to-shore container gantry cranes, are 
reminded of the need to comply with the Cargo Preference Act in 46 CFR 
part 38, if applicable.
    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 23, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-28973 Filed 12-1-16; 8:45 am]
 BILLING CODE 4910-22-P