24 JULY 2018 • FOGHORN LEGISLATIVEREPORT WECARE. Marine Group Boat Works is San Diego’s finest boatbuilder and repair company with environmentally friendly haul-out facilities in Chula Vista and a solar- powered facility in National City. Both facilities are 100% stormwater contained, and not a drop of water from repairs goes back to the bay untreated. Furthering our efforts to become a zero-emissions boatyard, we operate a fleet of electric cars and forklifts. More info at www.marinegroupboatworks.com WECARE. WECARE. Marine Group Boat Works is San Diego’s finest boatbuilder and repair company with environmentally friendly haul-out facilities in Chula Vista and a solar- powered facility in National City. Both facilities are 100% stormwater contained, and not a drop of water from repairs goes back to the bay untreated. Furthering our efforts to become a zero-emissions boatyard, we operate a fleet of electric cars and forklifts. More info at www.marinegroupboatworks.com For a quote on haul outs, bottom paint and other vessel work, contact Leah Yam: leah@marinegroupbw.com 619-621-2220 WECARE. WECARE. Marine Group Boat Works WECARE. WECARE. Fast Page Loads Streamlined Checkout Multiple Account Sign-Ons Improved Search Quick Order Easy Invoice Look-up Requisition Lists • Over 135,000 products for your business • 28 regional distribution centers • Same-day van delivery • 250+ stores • The most-knowledgeable and seasoned sales representatives in the industry Your 24/7 destination that’s packed with the features you need to get the most out of your time and money. westmarinepro.com All backed by the power of West Marine Pro. 1-800-621-6885 or visit westmarinepro.com. Increased Inventory Availability machinery manufactured outside of the United States in projects for ferry boats. The items included in the waiver are marine diesel engines, electrical switch- boards and switchgear, electric motors, pumps, ventilation fans, boilers, electri- cal controls, and electronic equipment. In July 2013, FHWA published a notice in the Federal Register asking whether this nationwide waiver should be continued or perhaps modified. PVA commented to the docket in support of maintaining the waiver, noting, “Since the U.S. market for ‘ferry boat equipment’ is relatively small, U.S. ferry systems must look to suppliers worldwide. Even companies with extensive presence in the U.S. may not manufacture certain of their products domestically. In the marine market, this can be true in the case of engines, navi- gation equipment, lifesaving devices, electronics, and other components.” Another federal ferry grant program for capital projects is administered by the Federal Transit Administration (FTA). FTA also has Buy America re- quirements, but remarkably, even though FTA and FHWA are both com- ponents of the U.S. Department of Transportation, the FTA rules on Buy America are administered differently than those of FHWA. As a general rule, all iron, steel, and manufactured products used in the FTA-funded ferry project must be produced in the United States. As does FHWA, FTA has the dis- cretionary ability to grant a waiver from the Buy American requirement, assuming it makes one of the three findings discussed above. In addition, in the case of “rolling stock” (and FTA classifies a ferry boat as “rolling stock”), FTA has another basis for a issuing waiver: the cost of U.S. components and subcomponents is more than 65 percent of the cost of all components; as of October 1, 2019, this percentage will rise to 70 percent. See section 5323(j) of title 49 United States Code. Determining whether components and subcompo- nents are of U.S. origin and if they add up to the allowable cost threshold is somewhat of a specialized art. Manufactured goods for a FTA- funded project other than rolling stock must be 100 percent produced in the U.S. (unless a waiver is granted). A manufactured good is considered produced in the United States if: (1) all of the manufacturing processes for the product take place in the United States; and (2) all of the components of the product are of U.S. origin. A component is considered of U.S. origin if it is manufactured in this country, regardless of the origin of its subcom- ponents. FTA has the reputation of being very resistant to approving waiver requests. However, it’s not impos- sible to obtain one. In July 2014, FTA approved a waiver on the basis on non- availability to allow the Golden Gate