Proposed Rules. Notice

Agency: Federal Highway Administration (FHWA), DOT
Action: Notice
Citation: FR Doc. 2016-28973

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.

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]