Buy America Waiver Notification, 38013-38014 [2020-13563]
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
Evaluation Plan with reporting
mechanisms, performance measures,
goals, and other evaluation criteria, and
frequency of reviews. To provide
consistency among the SEP–16
experiments, FHWA will provide the
Applicant certain performance measures
and evaluation criteria common to all
SEP–16 Evaluation Plans.
Should FHWA decide to proceed with
the experiment, FHWA and the
Applicant will enter into a
memorandum of understanding and
develop a workplan for the experiment.
Conclusion
The FHWA is committed to
continuing its transition to a risk-based
approach to stewardship and oversight
of the FAHP. To this end, SEP–16 is
designed to provide FHWA with a better
understanding of the implications of
allowing States to assume program/
project authorities currently exercised
by FHWA. This notice supplements the
SEP–16 notice published on September
20, 2018, by expanding SEP–16 to allow
experimentation with delegation of
FHWA authorities relating to program
and project delivery, and amending the
application process to reflect this
expansion.
(Authority: 23 U.S.C. 315 and 502).
Nicole R. Nason,
Administrator, Federal Highway
Administration.
[FR Doc. 2020–13564 Filed 6–23–20; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT).
ACTION: Notice.
AGENCY:
This notice provides
information regarding FHWA’s finding
that a Buy America waiver is
appropriate for procurement of a mobile
harbor crane constructed with foreign
iron and steel components for the
International Marine Terminal (IMT) at
the Port of Portland in the State of
Maine.
SUMMARY:
The applicable date of the waiver
is June 25, 2020.
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
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DATES:
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questions, please contact Mr. Patrick
Smith, FHWA Office of the Chief
Counsel, (202) 366–1345, or via email at
Patrick.C.Smith@dot.gov. Office hours
for FHWA are from 8:00 a.m. to 4:30
p.m., E.S.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: https://
www.archives.gov and the Government
Publishing Office’s database at: https://
www.access.gpo.gov/nara.
Background
The FHWA’s Buy America regulation
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 produced in the United States in
sufficient and reasonably available
quantities. This notice provides
information regarding FHWA’s finding
that a Buy America waiver is
appropriate for use of non-domestic iron
and steel components associated with a
mobile harbor crane for the IMT at the
Port of Portland in the State of Maine.
The mobile harbor crane is not available
to be produced using 100 percent
domestic steel or iron.
Maine Intermodal Port Productivity
Project: On July 1, 2016, DOT selected
the Maine Department of Transportation
(MaineDOT) to receive a grant of funds
for the Maine Intermodal Port
Productivity Project (Project) at the Port
of Portland under the FASTLANE
discretionary grant program. On
February 6, 2017, FHWA executed a
term sheet with MaineDOT, formalizing
the scope, schedule, and budget of the
award. Improvements under the Project
included: (i) Removing the existing
maintenance facility and infill of the
wharf; (ii) installing a new mobile
harbor crane and other cargo handling
equipment; (iii) constructing a highway
and rail crossing upgrade; and (iv)
building a new terminal operations and
maintenance center. The projected cost
of the new mobile harbor crane was $4.5
million, with $2.25 million from the
FASTLANE Program, $1.3 million from
the Congestion Mitigation and Air
Quality Improvement Program, and
$950,000 from a State bond. The U.S.
Maritime Administration (MARAD) was
PO 00000
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Fmt 4703
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38013
designated as the DOT Operating
Administration responsible for
overseeing the Project, but FHWA also
retained certain responsibilities related
to the project agreement(s), overseeing
the reimbursement process, and final
close-out.
MaineDOT and MARAD determined
that the improvements under the Project
each had independent utility or
independent significance. Thus, each
improvement proceeded under a
different development timeline and
separate Categorical Exclusion (CE)
under the National Environmental
Policy Act, including a separate CE for
the mobile harbor crane.
In early 2017, MaineDOT determined
that mobile harbor cranes meeting its
needs for the Project were not produced
in the United States. Based on this
determination, it submitted a Buy
America waiver request to FHWA for
the mobile harbor crane on March 8,
2017. Outside the scope of the
FASTLANE grant, MaineDOT
purchased a new mobile harbor crane
for the IMT at the Port of Portland in
2018 using State funds only. However,
MaineDOT continues to need the mobile
harbor crane under the FASTLANE
grant to replace the older of the two
cranes it now has at the IMT at the Port
of Portland.
As of the date of this notice, the
Project improvements are complete
except for purchasing the mobile harbor
crane. Without a Buy America waiver,
MaineDOT cannot proceed with
purchasing a crane using FASTLANE
grant funds because the only known
manufacturer for this type of crane is in
Germany.
Mobile Harbor Crane Needed by
Maine DOT: MaineDOT continues to
need one mobile harbor crane, which is
suited for port operations in a marine
environment for use in container or
spreader loading and unloading
operations. The crane must be mobile
and equipped with rubber tires, feature
level luffing, and include an enclosed
cabin and staircase. The crane must be
capable of simultaneous and
independent operations of slewing,
main hoist, and boom hoist motions
under full load and speed. The crane
must have the capability to lift
containers of 41 metric tons (90,000 lbs.)
while at a 101 foot (31 meter) working
radius when operating within the
limited outrigger footprint. The crane
Load Moment Indicator must also have
a pre-programmed mode to take this
limited footprint into consideration.
Specially designed outrigger pads will
also need to be included to
accommodate the structural limitations
of the pier. The crane will need to have
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38014
Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
the specially designed outrigger pads to
ensure that the corner load is evenly
distributed over three structural pile
caps and directly above the piles
themselves. Additional information on
the mobile harbor crane needed by
MaineDot is available under RFP #
201910181 issued on January 10, 2020,
at https://www.maine.gov/dafs/bbm/
procurementservices/vendors/rfps.
Waiver Request and Supporting
Information: The MaineDOT originally
submitted a Buy America waiver request
to FHWA for the mobile harbor crane on
March 8, 2017. Prior to submitting its
waiver request, MaineDOT sought but
was unable to identify domestic
manufacturers for the crane. The FHWA
initially published a notice of intent to
issue a waiver on its website on March
13, 2017.
On April 18, 2017, President Trump
issued Executive Order (E.O.) 13788
requiring every executive branch agency
to monitor, enforce, and comply with
existing ‘‘Buy American Laws’’ and
minimize the use of waivers. In
addition, E.O. 13788 also set forth a
policy ‘‘to maximize, consistent with
law, . . . the use of goods, products,
and materials produced in the United
States.’’ Consistent with E.O. 13788,
before issuing a waiver, FHWA
requested that MaineDOT seek to
maximize the use of domestic content
on the mobile harbor crane.
Following this request, MaineDOT
spent several months working with
FHWA and MARAD to develop a
request for proposal (RFP) for the
mobile harbor crane seeking to identify
domestic manufacturers or, if full
compliance was not possible, foreign
manufacturers that could maximize use
of domestic content by using greater
quantities of U.S. steel. The RFP was
issued by MaineDOT on January 10,
2020, and is available under RFP
#201910181, at https://www.maine.gov/
dafs/bbm/procurementservices/vendors/
rfps. In that RFP, MaineDOT included
two notable provisions to increase its
use of domestic content. First, the RFP
required bidders to describe domestic
content in their bid and weighted that
information in its best value evaluation.
Second, the RFP stated that a bid would
not be considered responsive, and
therefore could not be selected, unless
the bidder certified compliance with
Buy America or maximized the use of
domestic content to justify a Buy
America waiver. Recognizing the need
for Buy America compliance,
MaineDOT has not awarded a bid while
its waiver request is outstanding.
Following issuance of RFP
#201910181, MaineDOT received a
single bid on February 10, 2020, from
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18:20 Jun 23, 2020
Jkt 250001
Liebherr USA, Co., a German
manufacturer, for $5.085 million
including zero American steel content.
The bid requested a Buy America
waiver. Liebherr explained that it
produces its Liebherr Mobile Harbor
Cranes in its existing factory in Rostock,
Germany. Liebherr also explained that
establishing a unique design and order
process to incorporate U.S. steel content
into the crane was technically possible,
but would increase delivery time by 18
months and the cost of the crane by at
least 35 percent to around $7 million (or
more). Although it does not produce
mobile harbor cranes in the U.S.,
Liebherr explained that it does have
other manufacturing facilities in the
U.S. For example, it explained that it
invested $45 million into expanding a
factory and warehouse in Newport
News, Virginia. Liebherr maintains that,
between facilities in Virginia and
Miami, Florida, it has invested over $65
million into U.S. facilities and has over
1,100 U.S. employees. Considering that
MaineDOT originally estimated that a
new mobile harbor crane would cost
$4.5 million, asking Liebherr to develop
a unique design and order process to
incorporate U.S. steel content appears
financially infeasible.
As described above, although
MaineDOT did not identify compliant
products, it provided information to
FHWA supporting its waiver request,
including:
• Information describing the domestic
content characteristics of the
manufactured product needed,
including the sources and assembly
locations of that product;
• information supporting the
technical necessity of this specific
product for operations of the IMT at the
Port of Portland; and
• information documenting efforts to
maximize domestic content even if full
compliance was not possible, including
collaboration with FHWA to develop an
RFP designed to maximize domestic
content.
Public Comments on Waiver Request:
In accordance with the Consolidated
Appropriations Act of 2016 (Pub. L.
114–113) and the Continuing
Appropriations Act of 2017 (Pub. L.
114–223), FHWA published a notice of
intent to issue a waiver on its website,
https://www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=145, on March
13, 2017. The FHWA received no
comments in response to the
publication.
Finding and Request for Comments:
Based on all the information available to
and received by it, FHWA concludes
that there are no domestic
manufacturers of the mobile harbor
PO 00000
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Fmt 4703
Sfmt 4703
crane. This finding is only for a single
mobile harbor crane for the IMT at the
Port of Portland in the State of Maine.
The MaineDOT and its contractors
and subcontractors involved in the
procurement of the mobile harbor crane
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 5 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; Pub. L. 110–161,
23 CFR 635.410)
Nicole R. Nason,
Administrator, Federal Highway
Administration.
[FR Doc. 2020–13563 Filed 6–23–20; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2020–0009]
Renewal Package From the State of
Ohio to the Surface Transportation
Project Delivery Program and
Proposed Memorandum of
Understanding (MOU) Assigning
Environmental Responsibilities to the
State
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT).
ACTION: Notice; request for comments.
AGENCY:
This notice announces that
FHWA has received and reviewed a
renewal package from the Ohio
Department of Transportation (ODOT)
requesting participation in the Surface
Transportation Project Delivery Program
(Program). This Program allows for
FHWA to assign, and States to assume,
responsibilities under the National
Environmental Policy Act (NEPA), and
all or part of FHWA’s responsibilities
for environmental review, consultation,
or other actions required under any
Federal environmental law with respect
to one or more Federal highway projects
within the State. The FHWA has
determined the renewal package to be
complete, and developed a draft
renewal MOU with ODOT outlining
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 38013-38014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13563]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice provides information regarding FHWA's finding that
a Buy America waiver is appropriate for procurement of a mobile harbor
crane constructed with foreign iron and steel components for the
International Marine Terminal (IMT) at the Port of Portland in the
State of Maine.
DATES: The applicable date of the waiver is June 25, 2020.
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.
Patrick Smith, FHWA Office of the Chief Counsel, (202) 366-1345, or via
email at [email protected]. Office hours for FHWA are from 8:00
a.m. to 4:30 p.m., E.S.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: https://www.archives.gov and the
Government Publishing Office's database at: https://www.access.gpo.gov/nara.
Background
The FHWA's Buy America regulation 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 produced in the United States
in sufficient and reasonably available quantities. This notice provides
information regarding FHWA's finding that a Buy America waiver is
appropriate for use of non-domestic iron and steel components
associated with a mobile harbor crane for the IMT at the Port of
Portland in the State of Maine. The mobile harbor crane is not
available to be produced using 100 percent domestic steel or iron.
Maine Intermodal Port Productivity Project: On July 1, 2016, DOT
selected the Maine Department of Transportation (MaineDOT) to receive a
grant of funds for the Maine Intermodal Port Productivity Project
(Project) at the Port of Portland under the FASTLANE discretionary
grant program. On February 6, 2017, FHWA executed a term sheet with
MaineDOT, formalizing the scope, schedule, and budget of the award.
Improvements under the Project included: (i) Removing the existing
maintenance facility and infill of the wharf; (ii) installing a new
mobile harbor crane and other cargo handling equipment; (iii)
constructing a highway and rail crossing upgrade; and (iv) building a
new terminal operations and maintenance center. The projected cost of
the new mobile harbor crane was $4.5 million, with $2.25 million from
the FASTLANE Program, $1.3 million from the Congestion Mitigation and
Air Quality Improvement Program, and $950,000 from a State bond. The
U.S. Maritime Administration (MARAD) was designated as the DOT
Operating Administration responsible for overseeing the Project, but
FHWA also retained certain responsibilities related to the project
agreement(s), overseeing the reimbursement process, and final close-
out.
MaineDOT and MARAD determined that the improvements under the
Project each had independent utility or independent significance. Thus,
each improvement proceeded under a different development timeline and
separate Categorical Exclusion (CE) under the National Environmental
Policy Act, including a separate CE for the mobile harbor crane.
In early 2017, MaineDOT determined that mobile harbor cranes
meeting its needs for the Project were not produced in the United
States. Based on this determination, it submitted a Buy America waiver
request to FHWA for the mobile harbor crane on March 8, 2017. Outside
the scope of the FASTLANE grant, MaineDOT purchased a new mobile harbor
crane for the IMT at the Port of Portland in 2018 using State funds
only. However, MaineDOT continues to need the mobile harbor crane under
the FASTLANE grant to replace the older of the two cranes it now has at
the IMT at the Port of Portland.
As of the date of this notice, the Project improvements are
complete except for purchasing the mobile harbor crane. Without a Buy
America waiver, MaineDOT cannot proceed with purchasing a crane using
FASTLANE grant funds because the only known manufacturer for this type
of crane is in Germany.
Mobile Harbor Crane Needed by Maine DOT: MaineDOT continues to need
one mobile harbor crane, which is suited for port operations in a
marine environment for use in container or spreader loading and
unloading operations. The crane must be mobile and equipped with rubber
tires, feature level luffing, and include an enclosed cabin and
staircase. The crane must be capable of simultaneous and independent
operations of slewing, main hoist, and boom hoist motions under full
load and speed. The crane must have the capability to lift containers
of 41 metric tons (90,000 lbs.) while at a 101 foot (31 meter) working
radius when operating within the limited outrigger footprint. The crane
Load Moment Indicator must also have a pre-programmed mode to take this
limited footprint into consideration. Specially designed outrigger pads
will also need to be included to accommodate the structural limitations
of the pier. The crane will need to have
[[Page 38014]]
the specially designed outrigger pads to ensure that the corner load is
evenly distributed over three structural pile caps and directly above
the piles themselves. Additional information on the mobile harbor crane
needed by MaineDot is available under RFP # 201910181 issued on January
10, 2020, at https://www.maine.gov/dafs/bbm/procurementservices/vendors/rfps.
Waiver Request and Supporting Information: The MaineDOT originally
submitted a Buy America waiver request to FHWA for the mobile harbor
crane on March 8, 2017. Prior to submitting its waiver request,
MaineDOT sought but was unable to identify domestic manufacturers for
the crane. The FHWA initially published a notice of intent to issue a
waiver on its website on March 13, 2017.
On April 18, 2017, President Trump issued Executive Order (E.O.)
13788 requiring every executive branch agency to monitor, enforce, and
comply with existing ``Buy American Laws'' and minimize the use of
waivers. In addition, E.O. 13788 also set forth a policy ``to maximize,
consistent with law, . . . the use of goods, products, and materials
produced in the United States.'' Consistent with E.O. 13788, before
issuing a waiver, FHWA requested that MaineDOT seek to maximize the use
of domestic content on the mobile harbor crane.
Following this request, MaineDOT spent several months working with
FHWA and MARAD to develop a request for proposal (RFP) for the mobile
harbor crane seeking to identify domestic manufacturers or, if full
compliance was not possible, foreign manufacturers that could maximize
use of domestic content by using greater quantities of U.S. steel. The
RFP was issued by MaineDOT on January 10, 2020, and is available under
RFP #201910181, at https://www.maine.gov/dafs/bbm/procurementservices/vendors/rfps. In that RFP, MaineDOT included two notable provisions to
increase its use of domestic content. First, the RFP required bidders
to describe domestic content in their bid and weighted that information
in its best value evaluation. Second, the RFP stated that a bid would
not be considered responsive, and therefore could not be selected,
unless the bidder certified compliance with Buy America or maximized
the use of domestic content to justify a Buy America waiver.
Recognizing the need for Buy America compliance, MaineDOT has not
awarded a bid while its waiver request is outstanding.
Following issuance of RFP #201910181, MaineDOT received a single
bid on February 10, 2020, from Liebherr USA, Co., a German
manufacturer, for $5.085 million including zero American steel content.
The bid requested a Buy America waiver. Liebherr explained that it
produces its Liebherr Mobile Harbor Cranes in its existing factory in
Rostock, Germany. Liebherr also explained that establishing a unique
design and order process to incorporate U.S. steel content into the
crane was technically possible, but would increase delivery time by 18
months and the cost of the crane by at least 35 percent to around $7
million (or more). Although it does not produce mobile harbor cranes in
the U.S., Liebherr explained that it does have other manufacturing
facilities in the U.S. For example, it explained that it invested $45
million into expanding a factory and warehouse in Newport News,
Virginia. Liebherr maintains that, between facilities in Virginia and
Miami, Florida, it has invested over $65 million into U.S. facilities
and has over 1,100 U.S. employees. Considering that MaineDOT originally
estimated that a new mobile harbor crane would cost $4.5 million,
asking Liebherr to develop a unique design and order process to
incorporate U.S. steel content appears financially infeasible.
As described above, although MaineDOT did not identify compliant
products, it provided information to FHWA supporting its waiver
request, including:
Information describing the domestic content
characteristics of the manufactured product needed, including the
sources and assembly locations of that product;
information supporting the technical necessity of this
specific product for operations of the IMT at the Port of Portland; and
information documenting efforts to maximize domestic
content even if full compliance was not possible, including
collaboration with FHWA to develop an RFP designed to maximize domestic
content.
Public Comments on Waiver Request: In accordance with the
Consolidated Appropriations Act of 2016 (Pub. L. 114-113) and the
Continuing Appropriations Act of 2017 (Pub. L. 114-223), FHWA published
a notice of intent to issue a waiver on its website, https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=145, on March
13, 2017. The FHWA received no comments in response to the publication.
Finding and Request for Comments: Based on all the information
available to and received by it, FHWA concludes that there are no
domestic manufacturers of the mobile harbor crane. This finding is only
for a single mobile harbor crane for the IMT at the Port of Portland in
the State of Maine.
The MaineDOT and its contractors and subcontractors involved in the
procurement of the mobile harbor crane 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 5 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; Pub. L. 110-161, 23 CFR 635.410)
Nicole R. Nason,
Administrator, Federal Highway Administration.
[FR Doc. 2020-13563 Filed 6-23-20; 8:45 am]
BILLING CODE 4910-22-P
