Buy America Waiver Notification, 14457 [2011-6103]

Agencies

• Maritime Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Notices]
[Page 14457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6103]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration


Buy America Waiver Notification

AGENCY: Maritime Administration, U.S. Department of Transportation.

ACTION: Notice.

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SUMMARY: This notice provides information regarding MARAD's finding 
that a Buy America waiver, stated in 41 U.S.C. 10b, is appropriate for 
the purchase of foreign Mobile Harbor Cranes in the Federal-aid/TIGER 
II grant for the Port of Providence. The waiver for this project 
involves the purchase and use of specific items that are not produced 
in the United States and deemed necessary for the construction of the 
project. MARAD has reached out to industry on the domestic availability 
of these items. No domestic manufacturers have been located.
    The Port of Providence's TIGER II project is to expand and upgrade 
the Port of Providence in Rhode Island. TIGER II dollars in the amount 
of $10.5 million will help replace two aged diesel cranes, one of which 
is currently non-functional, with new electric, barge-based cranes that 
will enable the Port to handle container traffic. Replacing these 
cranes will allow the port to expand its container short sea shipping 
operation, help relieve bottlenecks along the I-95 corridor, and 
support jobs in and around the economically distressed are of 
Providence.
    This waiver is being requested because mobile harbor cranes are not 
produced in the United States. These cranes are considered to be 
specialized equipment and other types of cranes cannot be adapted to 
meet the mobility, lift, precision, and efficiency requirements 
necessary for marine cargo operations at the Port of Providence. MARAD 
has consulted and coordinated directly with appropriate industry 
associations and has determined that it has been more than 15 years 
since cranes of this type were manufactured in the United States. It 
should also be noted, the purchase of foreign built cranes to complete 
this, and other port development projects, is only one part of the 
overall port modernization and expansion effort. All other materials 
used in the construction of all port construction projects will be 
produced in the United States, and MARAD has been working with the 
Manufacturing Extension Partnership, under the National Institute of 
Standards and Technology, to identify manufacturing opportunities for 
domestic harbor crane construction and repair.

DATES: The effective date of the waiver is March 17, 2011.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. Anthony Shuler Jr., MARAD Office of Infrastructure 
Development and Congestion Mitigation, (202) 366-6639, or via e-mail at 
Anthony.L.Shuler@dot.gov. For legal questions, please contact Jeff 
Vogel, MARAD, Office of the Chief Counsel, (202) 493-0307 or via e-mail 
at Jeff.Vogel@dot.gov .

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded from the 
Federal Register's home page at: https://www.archives.gov and the 
Government Printing Office's database at: https://www.access.gpo.gov/nara.

Background

    Congress has enacted a Buy American provision which requires 
manufactured goods that are permanently incorporated into a project 
that is funded with Federal-aid funds to be produced in the United 
States. The application of Buy American is triggered by the obligation 
of Federal funds to a project. Once Federal-aid funds are obligated to 
a project, then all steel or manufactured goods incorporated into the 
project must be produced in the United States. The specific statutory 
requirement reads as follows:

    Notwithstanding any other provision of law, and unless the head 
of the department or independent establishment concerned shall 
determine it to be inconsistent with the public interest, or the 
cost to be unreasonable, only such unmanufactured articles, 
materials, and supplies as have been manufactured in the United 
States substantially all from articles, materials, or supplies 
mined, produced, or manufactured, as the case may be in the United 
States, shall be acquired for public use. 41 U.S.C. 10a.

    Under 41 U.S.C. 10b, the Secretary may waive the Buy American 
requirements for specific articles, materials, or supplies on a 
Federal-aid construction project when with respect to those articles, 
materials, or supplies it is impracticable to require adherence with 
the Buy American Act or such a requirement would unreasonably increase 
the project cost.
    The waiver process is initiated by the requesting organization when 
it believes that a waiver is warranted pursuant to any of the waiver 
provisions under 41 U.S.C. 10b. MARAD develops findings and 
justifications for the waiver and publishes the decision in the Federal 
Register. MARAD's publication of its Buy American decision is required 
pursuant to the Buy American Act, 41 U.S.C. 10b. The effective date of 
the waiver is the date following publication of the Federal Register.

    Authority: 41 U.S.C. 10a.

    By Order of the Maritime Administrator.

    Dated: March 10, 2011.
Christine Gurland,
Secretary, Maritime Administration.
[FR Doc. 2011-6103 Filed 3-15-11; 8:45 am]
BILLING CODE 4910-81-P