Notice of Intent To Grant a Buy America Waiver to Palmetto Railways, a Division of the South Carolina Department of Commerce, To Use Wide-Span, Electric, Rail-Mounted Gantry Cranes, 40755-40756 [2016-14708]

Download as PDF Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C. 31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 notice, except as modified by the notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2016–0040 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and material received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 FMCSA–2016–0040 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: June 13, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–14747 Filed 6–21–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2012–0033] Notice of Intent To Grant a Buy America Waiver to Palmetto Railways, a Division of the South Carolina Department of Commerce, To Use Wide-Span, Electric, Rail-Mounted Gantry Cranes Federal Railroad Administration (FRA), United States Department of Transportation (DOT). ACTION: Notice of intent to grant Buy America waiver. AGENCY: FRA is issuing this notice to advise the public it intends to grant Palmetto Railways a waiver from FRA’s Buy America requirement to use four (4) wide-span, electric, rail-mounted gantry cranes (WSCs). DATES: Written comments on FRA’s determination to grant Palmetto’s Buy America waiver request should be provided to the FRA on or before June 29, 2016. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FRA–2012–0033. All electronic submissions must be made to the U.S. Government electronic site at http://www.regulations.gov. Commenters should follow the instructions below for mailed and handdelivered comments: (1) Web site: http:// www.regulations.gov. Follow the instructions for submitting comments on the U.S. Government electronic docket site; (2) Fax: (202) 493–2251; (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M–30, Room W12–140, Washington, DC 20590–0001; or (4) Hand Delivery: Room W12–140 on the first floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must reference the ‘‘Federal Railroad SUMMARY: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 40755 Administration’’ and include docket number FRA–2012–0033. Due to security procedures in effect since October 2001, mail received through the U.S. Postal Service may be subject to delays. Parties submitting responses to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to http://www.regulations.gov. For more information, you may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or visit http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590, (202) 493–0078, John.Johnson@dot.gov. SUPPLEMENTARY INFORMATION: FRA provides information on its reasons for granting this waiver in a letter to Palmetto Railways, quoted below: Jeffrey M. McWhorter President & CEO Palmetto Railways 540 East Bay Street Charleston, SC 29403 Re: Request for Waiver of Buy America Requirement for Wide-Span, Electric, Rail-Mounted Gantry Cranes Dear Mr. McWhorter: This letter is in response to your request that the Federal Railroad Administration (FRA) grant Palmetto Railways (Palmetto), a division of the South Carolina Department of Commerce, a waiver from FRA’s Buy America policy applicable to FRA’s Railroad Rehabilitation & Improvement Financing (RRIF) loan program. Palmetto requests a waiver to purchase four (4) wide-span, electric, rail-mounted gantry cranes (WSCs) because no company manufactures WSCs in the United States. Palmetto plans to use the WSCs at a brand new Intermodal Container Transfer Facility (ICTF) on the site of the former Charleston Navy Base, located in the City of North Charleston, South Carolina. The total estimated cost of the WSCs is $[ ] or 8.2 percent of the total investment of approximately $[ ] to construct the ICTF. For the reasons set forth below, FRA is granting Palmetto’s waiver request. FRA applies 49 U.S.C. 24405(a)(1) to RRIF loans. Section 24405(a)(1) requires that the steel, iron, and manufactured goods used in a project be produced in the United States. FRA may waive the Buy America requirements if FRA finds that: (A) applying the requirements would be inconsistent with the public interest; (B) the steel, iron, and goods manufactured in the United States are not produced in sufficient and reasonably available amounts or are not of a satisfactory quality; (C) rolling stock or power train equipment cannot be bought or delivered to E:\FR\FM\22JNN1.SGM 22JNN1 mstockstill on DSK3G9T082PROD with NOTICES 40756 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices the United States within a reasonable time; or (D) including domestic material will increase the cost of the overall project by more than 25 percent. FRA concludes a waiver is appropriate because domestically-produced WSCs meeting Palmetto’s specification for the ICTF project are not currently produced in the United States. FRA bases this determination on the following: • While there are domestic manufacturers for smaller, intermodal cranes, there are no U.S. manufacturers of large and wide-span intermodal cranes for ports; • In 2011, U.S. Department of Transportation’s Maritime Administration (MARAD) determined it had been fifteen years since mobile harbor cranes were manufactured in the United States and issued a waiver for foreign mobile harbor cranes. See 76 FR 14457 (March 16, 2011). This finding comports with previous waivers for cranes granted by MARAD in 2010 and the Federal Highway Administration (FHWA) in 2009. See 75 FR 68661 (November 8, 2010) and 74 FR 51363 (October 6, 2009), respectively; • In 2013, the National Institute of Standards and Technology’s Hollings Manufacturing Extension Partnership (NIST– MEP) scouted for domestic rail-mounted and rubber tire mobile harbor cranes for intermodal containers and did not locate any U.S. manufacturers; • In 2015, NIST–MEP scouted for domestic large, container vessel ship-to-shore gantry cranes and did not locate any U.S. manufacturers currently manufacturing these cranes; • In 2015, Palmetto conducted extensive market research about active WSC manufacturers and found that they do not manufacture WSCs in the United States; • In January 2015, FHWA granted a Buy America waiver for non-domestic harbor cranes after concluding that there are no domestic manufacturers. See 80 FR 3005 (January 21, 2015); • On February 9, 2015, FRA provided public notice of this waiver request and a 15day opportunity for comment on its Web site. FRA also emailed notice to over 6,000 persons who have signed up for Buy America notices through ‘‘GovDelivery.’’ See https:// www.fra.dot.gov/Page/P0783. FRA received no comments; • In May 2015, FHWA granted another Buy America waiver for cargo cranes after concluding that there are no domestic manufacturers. See 80 FR 29790 (May 22, 2015); and • In January 2016, FRA independently confirmed there are no domestic WSC manufacturers. FRA discussed the U.S. market with crane/intermodal experts from several port terminals and railroad intermodal operations with experience purchasing a variety of crane equipment, including WSC cranes. FRA encourages Palmetto to follow through with the bidding process described in its waiver request, including Palmetto’s expectation to weight ‘‘the ability of a supplier to offer a technically compliant, cost-effective solution that maximizes U.S.- VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 origin content over the lifecycle of the WSCs.’’ FRA is publishing notice of its decision to grant Palmetto’s waiver request in the Federal Register to provide notice of such finding and an opportunity for public comment after which this waiver will become effective. This waiver applies only to the WSCs for Palmetto’s procurement as identified in its waiver request. Questions about this letter can be directed to, John Johnson, Attorney-Advisor, at John.Johnson@dot.gov or (202) 493–0078. Sincerely, Sarah E. Feinberg, Administrator. Issued in Washington, DC, on June 16, 2016. Amitabha Bose, Chief Counsel. [FR Doc. 2016–14708 Filed 6–21–16; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2016 0063] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PHOTOBOAT; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before July 22, 2016. ADDRESSES: Comments should refer to docket number MARAD–2016–0063. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on SUMMARY: PO 00000 Frm 00104 Fmt 4703 Sfmt 9990 the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–9309, Email Bianca.carr@dot.gov. As described by the applicant the intended service of the vessel PHOTOBOAT is: Intended Commercial Use of Vessel: ‘‘Small passenger vessel for contract water taxi services and as a platform for additional professional marine photographers/videographers’’ Geographic Region: ‘‘Washington State, Oregon, California’’ The complete application is given in DOT docket MARAD–2016–0063 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. SUPPLEMENTARY INFORMATION: Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: June 14, 2016. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2016–14653 Filed 6–21–16; 8:45 am] BILLING CODE 4910–81–P E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40755-40756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14708]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]


Notice of Intent To Grant a Buy America Waiver to Palmetto 
Railways, a Division of the South Carolina Department of Commerce, To 
Use Wide-Span, Electric, Rail-Mounted Gantry Cranes

AGENCY: Federal Railroad Administration (FRA), United States Department 
of Transportation (DOT).

ACTION: Notice of intent to grant Buy America waiver.

-----------------------------------------------------------------------

SUMMARY: FRA is issuing this notice to advise the public it intends to 
grant Palmetto Railways a waiver from FRA's Buy America requirement to 
use four (4) wide-span, electric, rail-mounted gantry cranes (WSCs).

DATES: Written comments on FRA's determination to grant Palmetto's Buy 
America waiver request should be provided to the FRA on or before June 
29, 2016.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FRA-2012-0033. All 
electronic submissions must be made to the U.S. Government electronic 
site at http://www.regulations.gov. Commenters should follow the 
instructions below for mailed and hand-delivered comments:
    (1) Web site: http://www.regulations.gov. Follow the instructions 
for submitting comments on the U.S. Government electronic docket site;
    (2) Fax: (202) 493-2251;
    (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Docket Operations, M-30, Room W12-140, Washington, DC 20590-0001; 
or
    (4) Hand Delivery: Room W12-140 on the first floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must reference the ``Federal Railroad 
Administration'' and include docket number FRA-2012-0033. Due to 
security procedures in effect since October 2001, mail received through 
the U.S. Postal Service may be subject to delays. Parties submitting 
responses to this notice should consider using an express mail firm to 
ensure the prompt filing of any submissions not filed electronically or 
by hand. Note that all submissions received, including any personal 
information therein, will be posted without change or alteration to 
http://www.regulations.gov. For more information, you may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477), or visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:  Mr. John Johnson, Attorney-Advisor, 
FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 10, 
Washington, DC 20590, (202) 493-0078, John.Johnson@dot.gov.

SUPPLEMENTARY INFORMATION:  FRA provides information on its reasons for 
granting this waiver in a letter to Palmetto Railways, quoted below:

Jeffrey M. McWhorter
President & CEO
Palmetto Railways
540 East Bay Street
Charleston, SC 29403
Re: Request for Waiver of Buy America Requirement for Wide-Span, 
Electric, Rail-Mounted Gantry Cranes

    Dear Mr. McWhorter:

    This letter is in response to your request that the Federal 
Railroad Administration (FRA) grant Palmetto Railways (Palmetto), a 
division of the South Carolina Department of Commerce, a waiver from 
FRA's Buy America policy applicable to FRA's Railroad Rehabilitation 
& Improvement Financing (RRIF) loan program. Palmetto requests a 
waiver to purchase four (4) wide-span, electric, rail-mounted gantry 
cranes (WSCs) because no company manufactures WSCs in the United 
States. Palmetto plans to use the WSCs at a brand new Intermodal 
Container Transfer Facility (ICTF) on the site of the former 
Charleston Navy Base, located in the City of North Charleston, South 
Carolina. The total estimated cost of the WSCs is $[ ] or 8.2 
percent of the total investment of approximately $[ ] to construct 
the ICTF.
    For the reasons set forth below, FRA is granting Palmetto's 
waiver request.
    FRA applies 49 U.S.C. 24405(a)(1) to RRIF loans. Section 
24405(a)(1) requires that the steel, iron, and manufactured goods 
used in a project be produced in the United States. FRA may waive 
the Buy America requirements if FRA finds that: (A) applying the 
requirements would be inconsistent with the public interest; (B) the 
steel, iron, and goods manufactured in the United States are not 
produced in sufficient and reasonably available amounts or are not 
of a satisfactory quality; (C) rolling stock or power train 
equipment cannot be bought or delivered to

[[Page 40756]]

the United States within a reasonable time; or (D) including 
domestic material will increase the cost of the overall project by 
more than 25 percent.
    FRA concludes a waiver is appropriate because domestically-
produced WSCs meeting Palmetto's specification for the ICTF project 
are not currently produced in the United States.
    FRA bases this determination on the following:
     While there are domestic manufacturers for smaller, 
intermodal cranes, there are no U.S. manufacturers of large and 
wide-span intermodal cranes for ports;
     In 2011, U.S. Department of Transportation's Maritime 
Administration (MARAD) determined it had been fifteen years since 
mobile harbor cranes were manufactured in the United States and 
issued a waiver for foreign mobile harbor cranes. See 76 FR 14457 
(March 16, 2011). This finding comports with previous waivers for 
cranes granted by MARAD in 2010 and the Federal Highway 
Administration (FHWA) in 2009. See 75 FR 68661 (November 8, 2010) 
and 74 FR 51363 (October 6, 2009), respectively;
     In 2013, the National Institute of Standards and 
Technology's Hollings Manufacturing Extension Partnership (NIST-MEP) 
scouted for domestic rail-mounted and rubber tire mobile harbor 
cranes for intermodal containers and did not locate any U.S. 
manufacturers;
     In 2015, NIST-MEP scouted for domestic large, container 
vessel ship-to-shore gantry cranes and did not locate any U.S. 
manufacturers currently manufacturing these cranes;
     In 2015, Palmetto conducted extensive market research 
about active WSC manufacturers and found that they do not 
manufacture WSCs in the United States;
     In January 2015, FHWA granted a Buy America waiver for 
non-domestic harbor cranes after concluding that there are no 
domestic manufacturers. See 80 FR 3005 (January 21, 2015);
     On February 9, 2015, FRA provided public notice of this 
waiver request and a 15-day opportunity for comment on its Web site. 
FRA also emailed notice to over 6,000 persons who have signed up for 
Buy America notices through ``GovDelivery.'' See https://www.fra.dot.gov/Page/P0783. FRA received no comments;
     In May 2015, FHWA granted another Buy America waiver 
for cargo cranes after concluding that there are no domestic 
manufacturers. See 80 FR 29790 (May 22, 2015); and
     In January 2016, FRA independently confirmed there are 
no domestic WSC manufacturers. FRA discussed the U.S. market with 
crane/intermodal experts from several port terminals and railroad 
intermodal operations with experience purchasing a variety of crane 
equipment, including WSC cranes.
    FRA encourages Palmetto to follow through with the bidding 
process described in its waiver request, including Palmetto's 
expectation to weight ``the ability of a supplier to offer a 
technically compliant, cost-effective solution that maximizes U.S.-
origin content over the lifecycle of the WSCs.'' FRA is publishing 
notice of its decision to grant Palmetto's waiver request in the 
Federal Register to provide notice of such finding and an 
opportunity for public comment after which this waiver will become 
effective. This waiver applies only to the WSCs for Palmetto's 
procurement as identified in its waiver request.
    Questions about this letter can be directed to, John Johnson, 
Attorney-Advisor, at John.Johnson@dot.gov or (202) 493-0078.

Sincerely,

Sarah E. Feinberg,
Administrator.

    Issued in Washington, DC, on June 16, 2016.
Amitabha Bose,
Chief Counsel.

[FR Doc. 2016-14708 Filed 6-21-16; 8:45 am]
 BILLING CODE 4910-06-P