[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Notices]
[Page 55153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25074]


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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 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.gpo.gov/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