Buy America Waiver Notification

Brandye L. Hendrickson
Federal Highway Administration
28 December 2017

[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61658-61659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28150]


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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 iron and steel components of 
Georgia Ports Authority (GPA)-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. This notice follows FHWA's November 20, 2017, notice finding 
that a Buy America waiver is appropriate for 33 specific iron and steel 
components of the GPA Project by adding new items to the list of waived 
products.

DATES: The date of the waiver is December 29, 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 
Gerald.Yakowenko@dot.gov. For legal questions, please contact Mr. Jomar 
Maldonado, FHWA Office of the Chief Counsel, 202-366-1373, or via email 
at Jomar.Maldonado@dot.gov. 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. Comments may be submitted to FHWA's Buy America website for this 
waiver at: https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=150.

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 iron and steel components of eight RMG cranes 
that will be procured by GPA to increase intermodal capacity at the 
Garden City Terminal in Garden City, Georgia, due to non-availability.
    On November 20, 2017, FHWA issued a Buy America waiver for 33

[[Page 61659]]

components of the Garden City Terminal Project (82 FR 55153). In 
response to this waiver, GPA contacted the FHWA with additional 
information about project components that are not manufactured in the 
U.S. in a manner that the iron and steel complies with FHWA's Buy 
America requirements. The GPA identified six categories of RMG crane 
components that are not domestically available: (1) Trolley components; 
(2) bogie components; (3) trolley structures; (4) bogie steel 
structures; (5) E-room structure, cab, and electrical components; and 
(6) head block and spreader bar. Of these components, only the trolley 
components and bogie components were identified in the November 20 
waiver. The FHWA received no additional comments in response to the 
November 20 waiver publication. Accordingly, FHWA waives the Buy 
America requirements for these six categories of components. This adds 
trolley structures, bogie steel structures, E-room structure, cab, and 
electrical components, and the head block and spreader bar to the list 
of waived products. Like the November 20 waiver, this limited waiver 
does not include steel and iron components of the RMG cranes that are 
available with steel and iron produced domestically, such as 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 website via the link 
provided to the waiver page noted above.

    Authority:  23 U.S.C. 313; Public Law 110-161, 23 CFR 635.410.

    Issued on: December 22, 2017.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2017-28150 Filed 12-26-17; 11:15 am]
 BILLING CODE 4910-22-P