Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 14457 

as prescribed by the Director of OMB. 

OMB may issue additional guidance on 

the preparation and submission of Jobs 

Accountability Reports. The grant 

recipient must also register with the 

CCR database or complete other 

registration requirements as determined 

by the Director of OMB. 

Section 1609: Environmental 

Reporting—Section 1609(c) of ARRA 

requires that Federal agencies report via 

the President (specifically, to the White 

House Council on Environmental 

Quality) every 90 days following 

enactment of ARRA on the status of 

projects funded under ARRA with 

respect to compliance with NEPA. Grant 

recipients may be requested to submit 

information to assist FRA in completing 

this report. 

Additional Information—To satisfy 

the purposes of ARRA, grant recipients 

may be required to provide additional 

information in response to requests from 

OMB, the Congressional Budget Office, 

the Government Accountability Office, 

or the Department’s Inspector General. 

FRA will inform grant recipients if and 

when such additional reports or 

information are required. 

Section 7: Agency Contact 

For further information regarding this 

notice and the HSIPR program, please 

contact the FRA HSIPR Program 

Manager via e-mail at HSIPR@dot.gov, 

or by mail: U.S. Department of 

Transportation, Federal Railroad 

Administration, MS–20, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590 Attn: HSIPR Program. 

Issued in Washington, DC, on March 11, 

2011. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. 2011–6178 Filed 3–14–11; 11:15 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

Buy America Waiver Notification 

AGENCY: Maritime Administration, U.S. 

Department of Transportation. 

ACTION: Notice. 

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: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

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 


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