Notice of Buy America Waiver, 74812-74813 [2014-29402]

Download as PDF 74812 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal holidays. Instructions: All comments submitted in relation to this waiver must include the agency name and docket number. Please note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. You may also call the Docket at 202–366– 9324. For program issues, contact Barbara Sauers, Office of Regional Operations and Program Delivery, NHTSA (phone: 202– 366–0144). For legal issues, contact Andrew DiMarsico, Office of Chief Counsel, NHTSA (phone: 202–366– 5263). You may send mail to these officials at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: This notice provides NHTSA’s finding that a waiver of the Buy America requirements, 23 U.S.C. 313, is appropriate for the Maryland Highway Safety Office (MHSO) to purchase Nania Baby Ride infant car seats, Model No. 378099, using grant funds authorized under 23 U.S.C. 402 (section 402). Section 402 funds are available for use by State Highway Safety Programs that, among other things, encourage the proper use of occupant protection devices, including child restraint systems. 23 U.S.C. 402(a). Buy America provides that NHTSA ‘‘shall not obligate any funds authorized to be appropriated to carry out the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or [Title 23] and administered by the Department of Transportation, unless steel, iron, and manufactured products used in such project are produced in the United States.’’ 23 U.S.C. 313. However, NHTSA may waive those requirements if ‘‘(1) their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent.’’ 23 U.S.C. 313(b). In this instance, NHTSA has determined that a waiver is appropriate for the purchase of Nania Baby Ride child seats because there is no comparable product produced domestically that meets the need identified by MHSO—specifically, mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 19:38 Dec 15, 2014 Jkt 235001 the transport of low birth weight infants under four pounds. MHSO seeks a waiver for one of its grantees, the Maryland Department of Health and Mental Hygiene, who operates Maryland’s Kids in Safety Seats (KISS) Car Seat Loaner Program, to purchase the Nania Baby Ride car seats. KISS operates several Car Seat Assistance Programs throughout Maryland that work with hospitals to discharge healthy infants less than four pounds. MHSO states that it is a best practice to send healthy, low birth weight infants home in car seats, instead of car beds. This is because car seats are easier to use and install in vehicles, require only one seating position in a vehicle (as opposed to two, depending on the vehicle), and the harness dimensions of car seats are not as limiting as car beds. The Nania Baby ride model was selected by these programs because it has a birth-to-22-pound weight allowance, which allows for the transport of under-four-pound infants. The model is rear-facing, equipped with low harness slots, a 5-point front harness adjuster that allows an easy and accurate harness fit for infants less than four pounds. The institutional model, sold through Child Source, retails for approximately $39.90 per seat. It is considered a manufactured product under Buy America and is produced in France. NHTSA conducted an assessment of available child restraints and is not aware of a comparable child seat produced in the United States. The Nania Baby Ride is unique in the child seat market because it does not specify a minimum child weight. Rather, it is designed to safely seat children from birth-weight to 22 pounds. NHTSA is aware of only one other car seat, the Combi Navette, which is designed to seat infants under four pounds; however, it appears the Navette is currently manufactured in Japan. Furthermore, all domestically-produced car seats on the market specify a minimum infant weight of at least four pounds. Since a child seat that meets the requirements identified by MHSO is unavailable from a domestic manufacturer, the Buy America waiver is appropriate. NHTSA invites public comment on this conclusion. In light of the above discussion, and pursuant to 23 U.S.C. 313(b)(2), NHTSA finds that it is appropriate to grant a waiver from the Buy America requirements to MHSO in order to purchase Nania Baby Ride infant car seats. This waiver applies to Maryland and all other States seeking to use section 402 funds to purchase Nania PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 Baby Ride infant car seats for the purposes mentioned herein. These waivers will continue through fiscal year 2015 and will allow the purchase of these items as required by MHSO. Accordingly, this waiver will expire at the conclusion of fiscal year 2015 (September 30, 2015). In accordance with the provisions of Section 117 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy of Users Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat. 1572), NHTSA is providing this notice as its finding that a waiver of the Buy America requirements is appropriate. Written comments on this finding may be submitted through any of the methods discussed above. NHTSA may reconsider this finding if through the comments it learns of and can confirm the existence of a comparable domestically made product to the Nania Baby Ride infant car seat. This finding should not be construed as an endorsement or approval of the products by NHTSA or the U.S. Department of Transportation. The United States Government does not endorse products or manufacturers. Authority: 23 U.S.C. 313; Pub. L. 110–161. Issued in Washington, DC, under authority delegated in 49 CFR part 1.95 O. Kevin Vincent, Chief Counsel. [FR Doc. 2014–29403 Filed 12–15–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA—2014–0130] Notice of Buy America Waiver National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of Buy America waiver. AGENCY: This Notice provides NHTSA’s finding with respect to a request from the Hawaii Department of Transportation’s Motor Vehicle Safety Office, Highway Safety Section (MVSO) to waive the requirements of Buy America. NHTSA finds that a cost waiver is appropriate for MVSO to purchase eight foreign-made training motorcycles using Federal grant funds because the cost of domestically produced products is twenty-five percent more than the cost of the foreign-made products. DATES: The effective date of this waiver is December 26, 2014. Written SUMMARY: E:\FR\FM\16DEN1.SGM 16DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices comments regarding this notice may be submitted to NHTSA and must be received on or before: December 31, 2014. ADDRESSES: Written comments may be submitted using any one of the following methods: • Mail: Docket Management Facility, M–30, U.S. Department of Transportation, West Building, Ground Floor, Rm. W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Fax: Written comments may be faxed to (202) 493–2251. • Internet: To submit comments electronically, go to the Federal regulations Web site at http:// www.regulations.gov. Follow the online instructions for submitting comments. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal holidays. Instructions: All comments submitted in relation to this waiver must include the agency name and docket number. Please note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. You may also call the Docket at 202–366– 9324. FOR FURTHER INFORMATION CONTACT: For program issues, contact Barbara Sauers, Office of Regional Operations and Program Delivery, NHTSA (phone: 202– 366–0144). For legal issues, contact Andrew DiMarsico, Office of Chief Counsel, NHTSA (phone: 202–366– 5263). You may send mail to these officials at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: This notice provides NHTSA’s finding that a waiver of the Buy America requirements, 23 U.S.C. 313, is appropriate for the Hawaii’s MVSO to purchase eight training motorcycles using grant funds authorized under 23 U.S.C. 402 (section 402) and 23 U.S.C. 405(f) (section 405) for training motorcycles. Section 402 funds are available for use by State Highway Safety Programs to reduce traffic accidents and deaths, injuries and property damage. 23 U.S.C. 402(a). Section 405(f) funds are available for use by State Highway Safety Programs to implement effective programs to reduce the number of single and multivehicle crashes involving motorcyclists that, among other things, includes supporting training of motorcyclists. 23 U.S.C. 405(f). Buy America provides that NHTSA ‘‘shall not obligate any funds authorized VerDate Sep<11>2014 19:38 Dec 15, 2014 Jkt 235001 to be appropriated to carry out the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or [Title 23] and administered by the Department of Transportation, unless steel, iron, and manufactured products used in such project are produced in the United States.’’ 23 U.S.C. 313. However, NHTSA may waive those requirements if (1) their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. 23 U.S.C. 313(b). In this instance, NHTSA has determined a cost waiver is appropriate for the eight motorcycles because domestically produced motorcycles would increase the cost by more than 25 percent. MVSO seeks a waiver to purchase two 2015 Suzuki TU250X motorcycles at $4,399 per unit and six 2013 Suzuki DR200SE motorcycles at $4,299 per unit. The total purchase price for all eight motorcycles is $36,221. Hawaii’s motorcyclist training program is designed to provide students the ability to learn and practice fundamentals of safe riding behavior, skills and motorcycle handling. Hawaii asserts that if students were required to provide their own motorcycles, many people would be discouraged from taking the safety courses and it would encourage some individuals to obtain a motorcycle and unsafely operate it on public roads before they are properly trained and licensed to do so. MVSO states that having a fleet of training motorcycles available for use during training ensures that the road skills portion of the curricula can be taught effectively and is more accessible to the general public. MVSO desires to use these motorcycles for its motorcyclist training program because they are designed specifically with smaller engine displacement (250 CC), which is consistent with motorcyclist training programs. Hawaii, however, is unable to identify any training motorcycles that meet the Buy America requirements. MVSO researched 1 motorcycle models made by the two American motorcycle manufacturers, Harley-Davidson, Inc. and Victory Motorcycles. Harley Davidson produces a 500 CC motorcycle called the Street 500, with a MSRP of $6799. Victory Motorcycles (including 1 MVSO states that its Motorcycle Safety Program Coordinator conducted research via phone calls, emails and Internet searches to try to identify domestically produced motorcycles. PO 00000 Frm 00132 Fmt 4703 Sfmt 9990 74813 Indian Motorcycles) produces much heavier and larger engine displacement than 500 CC, with the lowest MSRP of $12,499 for the Victory Vegas 8-ball motorcycle. MVSO was unable to find a motorcycle that meets the requirements for training motorcycles that would meet the Buy America requirements. NHTSA is unaware of any other domestic motorcycle manufacturers other than Harley-Davidson and Victory. Since the Harley Davidson Street has a starting price of $6,799, it is more than 25 percent higher than the cost of a 2015 Suzuki TU250X and 2013 Suzuki DR200SE motorcycles. Accordingly, a Buy America waiver is appropriate. NHTSA invites public comment on this conclusion. In light of the above discussion, and pursuant to 23 U.S.C. 313(b)(3), NHTSA finds that it is appropriate to grant a waiver from the Buy America requirements to MVSO in order to purchase two 2015 Suzuki TU250X and six 2013 Suzuki DR200SE motorcycles. This waiver applies to Hawaii and all other States seeking to use section 402 and 405 funds to purchase these motorcycles for the purposes mentioned herein. This waiver will continue through fiscal year 2015 and will allow the purchase of these items as required for Hawaii’s MVSO and its training programs. Accordingly, this waiver will expire at the conclusion of fiscal year 2015 (September 30, 2015). In accordance with the provisions of Section 117 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy of Users Technical Corrections Act of 2008 (Pub. L. 110– 244, 122 Stat. 1572), NHTSA is providing this notice as its finding that a waiver of the Buy America requirements is appropriate for certain Suzuki motorcycles. Written comments on this finding may be submitted through any of the methods discussed above. NHTSA may reconsider these findings, if through comment, it learns of and can confirm the existence of a comparable domestically made product to the items granted a waiver. This finding should not be construed as an endorsement or approval of any products by NHTSA or the U.S. Department of Transportation. The United States Government does not endorse products or manufacturers. Authority: 23 U.S.C. 313; Pub. L. 110–161. Issued in Washington, DC, under authority delegated in 49 CFR part 1.95. O. Kevin Vincent, Chief Counsel. [FR Doc. 2014–29402 Filed 12–15–14; 8:45 am] BILLING CODE 4910–59–P E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74812-74813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29402]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA--2014-0130]


Notice of Buy America Waiver

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of Buy America waiver.

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

SUMMARY: This Notice provides NHTSA's finding with respect to a request 
from the Hawaii Department of Transportation's Motor Vehicle Safety 
Office, Highway Safety Section (MVSO) to waive the requirements of Buy 
America. NHTSA finds that a cost waiver is appropriate for MVSO to 
purchase eight foreign-made training motorcycles using Federal grant 
funds because the cost of domestically produced products is twenty-five 
percent more than the cost of the foreign-made products.

DATES: The effective date of this waiver is December 26, 2014. Written

[[Page 74813]]

comments regarding this notice may be submitted to NHTSA and must be 
received on or before: December 31, 2014.

ADDRESSES: Written comments may be submitted using any one of the 
following methods:
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Fax: Written comments may be faxed to (202) 493-2251.
     Internet: To submit comments electronically, go to the 
Federal regulations Web site at http://www.regulations.gov. Follow the 
online instructions for submitting comments.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time, 
Monday through Friday, except Federal holidays.
    Instructions: All comments submitted in relation to this waiver 
must include the agency name and docket number. Please note that all 
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You 
may also call the Docket at 202-366-9324.

FOR FURTHER INFORMATION CONTACT: For program issues, contact Barbara 
Sauers, Office of Regional Operations and Program Delivery, NHTSA 
(phone: 202-366-0144). For legal issues, contact Andrew DiMarsico, 
Office of Chief Counsel, NHTSA (phone: 202-366-5263). You may send mail 
to these officials at the National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: This notice provides NHTSA's finding that a 
waiver of the Buy America requirements, 23 U.S.C. 313, is appropriate 
for the Hawaii's MVSO to purchase eight training motorcycles using 
grant funds authorized under 23 U.S.C. 402 (section 402) and 23 U.S.C. 
405(f) (section 405) for training motorcycles. Section 402 funds are 
available for use by State Highway Safety Programs to reduce traffic 
accidents and deaths, injuries and property damage. 23 U.S.C. 402(a). 
Section 405(f) funds are available for use by State Highway Safety 
Programs to implement effective programs to reduce the number of single 
and multi-vehicle crashes involving motorcyclists that, among other 
things, includes supporting training of motorcyclists. 23 U.S.C. 
405(f).
    Buy America provides that NHTSA ``shall not obligate any funds 
authorized to be appropriated to carry out the Surface Transportation 
Assistance Act of 1982 (96 Stat. 2097) or [Title 23] and administered 
by the Department of Transportation, unless steel, iron, and 
manufactured products used in such project are produced in the United 
States.'' 23 U.S.C. 313. However, NHTSA may waive those requirements if 
(1) their application would be inconsistent with the public interest; 
(2) such materials and products are not produced in the United States 
in sufficient and reasonably available quantities and of a satisfactory 
quality; or (3) the inclusion of domestic material will increase the 
cost of the overall project contract by more than 25 percent. 23 U.S.C. 
313(b). In this instance, NHTSA has determined a cost waiver is 
appropriate for the eight motorcycles because domestically produced 
motorcycles would increase the cost by more than 25 percent.
    MVSO seeks a waiver to purchase two 2015 Suzuki TU250X motorcycles 
at $4,399 per unit and six 2013 Suzuki DR200SE motorcycles at $4,299 
per unit. The total purchase price for all eight motorcycles is 
$36,221. Hawaii's motorcyclist training program is designed to provide 
students the ability to learn and practice fundamentals of safe riding 
behavior, skills and motorcycle handling. Hawaii asserts that if 
students were required to provide their own motorcycles, many people 
would be discouraged from taking the safety courses and it would 
encourage some individuals to obtain a motorcycle and unsafely operate 
it on public roads before they are properly trained and licensed to do 
so. MVSO states that having a fleet of training motorcycles available 
for use during training ensures that the road skills portion of the 
curricula can be taught effectively and is more accessible to the 
general public. MVSO desires to use these motorcycles for its 
motorcyclist training program because they are designed specifically 
with smaller engine displacement (250 CC), which is consistent with 
motorcyclist training programs. Hawaii, however, is unable to identify 
any training motorcycles that meet the Buy America requirements. MVSO 
researched \1\ motorcycle models made by the two American motorcycle 
manufacturers, Harley-Davidson, Inc. and Victory Motorcycles. Harley 
Davidson produces a 500 CC motorcycle called the Street 500, with a 
MSRP of $6799. Victory Motorcycles (including Indian Motorcycles) 
produces much heavier and larger engine displacement than 500 CC, with 
the lowest MSRP of $12,499 for the Victory Vegas 8-ball motorcycle. 
MVSO was unable to find a motorcycle that meets the requirements for 
training motorcycles that would meet the Buy America requirements. 
NHTSA is unaware of any other domestic motorcycle manufacturers other 
than Harley-Davidson and Victory. Since the Harley Davidson Street has 
a starting price of $6,799, it is more than 25 percent higher than the 
cost of a 2015 Suzuki TU250X and 2013 Suzuki DR200SE motorcycles. 
Accordingly, a Buy America waiver is appropriate. NHTSA invites public 
comment on this conclusion.
---------------------------------------------------------------------------

    \1\ MVSO states that its Motorcycle Safety Program Coordinator 
conducted research via phone calls, emails and Internet searches to 
try to identify domestically produced motorcycles.
---------------------------------------------------------------------------

    In light of the above discussion, and pursuant to 23 U.S.C. 
313(b)(3), NHTSA finds that it is appropriate to grant a waiver from 
the Buy America requirements to MVSO in order to purchase two 2015 
Suzuki TU250X and six 2013 Suzuki DR200SE motorcycles. This waiver 
applies to Hawaii and all other States seeking to use section 402 and 
405 funds to purchase these motorcycles for the purposes mentioned 
herein. This waiver will continue through fiscal year 2015 and will 
allow the purchase of these items as required for Hawaii's MVSO and its 
training programs. Accordingly, this waiver will expire at the 
conclusion of fiscal year 2015 (September 30, 2015). In accordance with 
the provisions of Section 117 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy of Users Technical 
Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), NHTSA is 
providing this notice as its finding that a waiver of the Buy America 
requirements is appropriate for certain Suzuki motorcycles. Written 
comments on this finding may be submitted through any of the methods 
discussed above. NHTSA may reconsider these findings, if through 
comment, it learns of and can confirm the existence of a comparable 
domestically made product to the items granted a waiver.
    This finding should not be construed as an endorsement or approval 
of any products by NHTSA or the U.S. Department of Transportation. The 
United States Government does not endorse products or manufacturers.

    Authority:  23 U.S.C. 313; Pub. L. 110-161.

    Issued in Washington, DC, under authority delegated in 49 CFR 
part 1.95.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2014-29402 Filed 12-15-14; 8:45 am]
BILLING CODE 4910-59-P