Notice of Buy America Waiver, 9933-9935 [2016-04211]

Download as PDF Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices Transit Research, Development, Demonstration and Training Projects The Federal Transit Administration’s Research, Development, Demonstration, Deployment, Cooperative Research, Technical Assistance, Standards Development, and Human Resources and Training programs are authorized at 49 U.S.C. 5312, 5313, 5314, and 5322 and collectively seek to develop solutions that improve public transportation. Its primary goals are to increase transit ridership, improve safety and emergency preparedness, improve operating efficiencies, protect the environment, promote energy independence, and provide transit research leadership; develop and conduct workforce development activities, training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid relating to public transportation work; and to sponsor development of voluntary and consensus-based standards to more effectively and efficiently provide transit service, as well as support the improved administration of Federal transit funds. To accomplish this, FTA funds projects to support research and development, demonstration, deployments of various technologies and operational models for transit; a national cooperative research program, a national training institute, national technical assistance centers, and transit workforce development programs. The Federal Register notice with a 60-day comment period soliciting comments for the Transit Research, Development, Demonstration and Training Projects was published on December 21, 2015 (Citation 80 FR 244). No comments were received from that notice. Comments must be submitted before March 28, 2016. A comment to OMB is most effective, if OMB receives it within 30 days of publication. FOR FURTHER INFORMATION CONTACT: Tia Swain, Office of Administration, Office of Management Planning, (202) 366– 0354. DATES: mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Title: Transit Research, Development, Demonstration and Training Projects (OMB Number: 2132–0546). Abstract: The Transit Research, Development, Demonstration and Training Projects program supports research not undertaken by the private sector including studies on transit policy issues, operational efficiency, and travel behavior. Funding also provides for training and educational VerDate Sep<11>2014 20:41 Feb 25, 2016 Jkt 238001 programs which may include courses in recent developments, techniques, and procedures related to intermodal and public transportation planning; management; environmental factors; acquisition and joint use rights-of-way; engineering and architectural design; procurement strategies for public transportation systems; new technologies; emission reduction technologies; way to make public transportation accessible to individuals with disabilities; construction, construction management, insurance, and risk management; maintenance; contract administration; inspection; innovative finance; workplace safety; and public transportation security. The program also funds innovative workforce development activities in areas with special emphasis on targeting areas with high unemployment; provide advanced training related to maintenance of alternative energy efficient or zero emission vehicle; and address current or projected workforce shortages in areas that require technical expertise. In addition, it will provide for the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, Intelligent Transportation Systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics. Estimated Total Burden: 20,550 hours. All written comments must refer to the docket number that appears at the top of this document and be submitted to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: FTA Desk Officer. Comments are Invited On: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of ADDRESSES: PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 9933 automated collection techniques or other forms of information technology. William Hyre, Deputy Associate Administrator for Administration. [FR Doc. 2016–04126 Filed 2–25–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0010] 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 Michigan Office of Highway Safety Planning (OHSP) to waive the requirements of Buy America. NHTSA finds that a non-availability waiver is appropriate for OHSP to purchase twenty foreign-made motorcycles using Federal grant funds because there are no suitable motorcycles produced in the United States for motorcyclist safety training purposes. SUMMARY: The effective date of this waiver is March 14, 2016. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: March 14, 2016. 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 DATES: E:\FR\FM\26FEN1.SGM 26FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 9934 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices 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 Michigan’s OHSP to purchase twenty motorcycles for motorcyclist safety training using grant funds authorized under 23 U.S.C. 402 and 405(f). Section 402 funds are available for use by state highway safety programs that, among other things, reduce or prevent injuries and deaths resulting from speeding motor vehicles, driving while impaired by alcohol and or drugs, motorcycle accidents, school bus accidents, and unsafe driving behavior. 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, include supporting training of motorcyclists and the purchase of motorcycles. 23 U.S.C. 405(f)(1) & (4). 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); 49 CFR 1.95(f). Recently, NHTSA published its finding that a public interest waiver of the Buy America requirements is appropriate for a manufactured product whose purchase price is $5,000 or less, excluding a motor vehicle, when such product is purchased using Federal VerDate Sep<11>2014 20:41 Feb 25, 2016 Jkt 238001 grant funds administered under Chapter 4 of Title 23 of the United States Code. See 80 FR 37359 (June 30, 2015). Under this public interest waiver, therefore, states are no longer required to submit a waiver of Buy America to NHTSA for items costing $5,000 or less, except for motor vehicles, when they purchase the item with Federal grant funds. Michigan’s OHSP seeks both a nonavailability waiver—that the product is not produced in the United States in sufficient quantities—and a cost waiver—that the purchase of comparable domestic made motorcycles are 25 percent greater than the cost of foreign made motorcycles—to purchase twenty motorcycles for motorcyclist training purposes. It seeks to purchase a combination of the following make, model and model year motorcycles and unit price: 2016 Suzuki TU250X ($4,399); 2015 Yamaha V-Star 250 ($4,340); 2016 Yamaha TW200 ($4,590); 2015 Honda Grom ($3,199); and 2016 Honda Rebel 250 ($4,190). Michigan asserts that a diverse training motorcycle fleet makes it easier to match novice riders to training motorcycles they can ride safely and comfortably during the training sessions. It notes that the Motorcycle Safety Foundation’s (MSF) level one classroom curriculum includes a discussion of motorcycle types and styles, and how to choose a motorcycle that matches a rider’s body type and riding experience. Michigan adds that the two outdoor sessions of its training program are 5 hours each, which is long enough that the student’s comfort on the motorcycle becomes a significant aspect of their training experience. The total purchase price for all twenty motorcycles ranges from $63,980– $91,800. This training program is designed to improve traffic safety by assuring that individuals seeking to obtain a Michigan motorcycle operator’s license are properly trained in basic motorcycle operation and safety. OHSP requires that its training motorcycles meet certain specifications. The engine displacement must be no more than 250 cubic centimeters (CC). Michigan, however, is unable to identify any motorcycles with this specification that meet the Buy America requirements. OHSP researched motorcycle models made by several American motorcycle manufacturers: Harley-Davidson, Inc., Victory Motorcycles, Indian Motorcycles, ATK Motorcycles and Cleveland CycleWerks. Harley-Davidson produces a 500 CC motorcycle called the Street 500, with a MSRP of $6,849. Victory Motorcycles and Indian Motorcycles produce motorcycles with a much heavier and PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 larger engine displacement than 500 CC, with the lowest MSRP of $12,499 for the Victory Vegas 8-ball motorcycle and the lowest MSRP of $10,999 for the Indian Scout. OHSP reached out to ATK Motorcycles, a domestic manufacturer located in Utah, and determined that ATK Motorcycles are not currently produced or available for sale. OHSP also found that Cleveland CycleWerks manufactures motorcycles in China, with minimal assemblage in the United States. Michigan states that its fleet of training motorcycles consists of motorcycles with less than 500 CC engine displacement and states that its practice is to use motorcycles with 250 CC engine displacement or less to enhance safety and minimize risk to participants of the training course. OHSP was unable to find a motorcycle that meets its requirements for training motorcycles that also meets the Buy America requirements. OHSP seeks to use the aforementioned motorcycles for its 2016 motorcycle safety training program because they are smaller motorcycles with smaller engine displacement (250 CC). These motorcycles have universal applicability to all rider characteristics. For example, tall and short individuals can train with these smaller motorcycles; whereas, shorter individuals would have difficulty riding taller motorcycles, which, in general, have larger engine displacement. Moreover, motorcycles with smaller engine displacement are lighter and have less engine power that permit novice riders, or those with smaller physical stature, the ability to maneuver the motorcycles with limited risk of the motorcycle overpowering the riders causing injury. While some larger motorcycles (500 CC) are suitable for some motorcycle riders to train on, these motorcycles may overwhelm novice riders with their engine power and weight. Motorcycles with larger engine displacements do not have the universal applicability of the 250 CC motorcycles and would limit the effectiveness of Michigan’s training courses. The smaller motorcycles will enable Michigan to continue to have effective motorcycle safety training courses that further the goal of section 402 and 405 to reduce motorcycle crashes and develop effective motorcyclist training for all its constituents. NHTSA is unaware of any other domestic motorcycle manufacturers than Harley-Davidson, Victory, and Indian. As these manufacturers do not sell a motorcycle that meets the requirements for Michigan’s motorcycle safety training purposes, a Buy America E:\FR\FM\26FEN1.SGM 26FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices 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 Michigan to purchase twenty motorcycles for training purposes. Michigan seeks both a nonavailability waiver—where the product is not produced in the United States in sufficient quantities—and a cost basis waiver—where the purchase of a comparable domestic made motorcycle is 25 percent greater than the cost of foreign a made motorcycle. We have construed this as a non-availability waiver request because a cost basis waiver is not appropriate when there is no comparable domestic product against which to compare the price of the foreign product. Here, no domestic manufacturer produces a motorcycle with 250 CC engine displacement. As smaller engine displacement is common for training purposes and no American manufacturer produces motorcycles with this specification, a nonavailability waiver is appropriate. This waiver applies to Michigan and all other States seeking to use section 402 and 405 funds to purchase the make and model motorcycles above and for the purposes mentioned herein. This waiver will continue through fiscal year 2016 and will allow the purchase of these items as required for Michigan’s OHSP and its motorcyclist training programs. Accordingly, this waiver will expire at the conclusion of fiscal year 2016 (September 30, 2016). 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, Yamaha and Honda 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. VerDate Sep<11>2014 20:41 Feb 25, 2016 Jkt 238001 Issued in Washington, DC, on February 22, 2016 under authority delegated in 49 CFR part 1.95. Paul A. Hemmersbaugh, Chief Counsel. [FR Doc. 2016–04211 Filed 2–25–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation Notice of Funding Opportunity for the Department of Transportation’s National Infrastructure Investments Under the Consolidated Appropriations Act, 2016 Office of the Secretary of Transportation, DOT. ACTION: Notice of funding opportunity. AGENCY: The Consolidated Appropriations Act, 2016 (Pub. L. 114– 113, December 18, 2015) (‘‘FY 2016 Appropriations Act’’ or the ‘‘Act’’) appropriated $500 million to be awarded by the Department of Transportation (‘‘DOT’’ or the ‘‘Department’’) for National Infrastructure Investments. This appropriation is similar, but not identical, to the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ‘‘Recovery Act’’) known as the Transportation Investment Generating Economic Recovery, or ‘‘TIGER Discretionary Grants,’’ program. Because of the similarity in program structure, DOT will continue to refer to the program as ‘‘TIGER Discretionary Grants.’’ Funds for the FY 2016 TIGER program (‘‘TIGER FY 2016’’) are to be awarded on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region. The purpose of this final notice is to solicit applications for TIGER Discretionary Grants. DATES: Applications must be submitted by 8:00 p.m. EDT on April 29, 2016. ADDRESSES: Applications must be submitted through Grants.gov. FOR FURTHER INFORMATION CONTACT: For further information concerning this notice, please contact the TIGER Discretionary Grants program staff via email at TIGERGrants@dot.gov, or call Howard Hill at 202–366–0301. A TDD is available for individuals who are deaf or hard of hearing at 202–366–3993. In addition, DOT will regularly post answers to questions and requests for clarifications as well as information about webinars for further guidance on SUMMARY: PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 9935 DOT’s Web site at www.transportation.gov/TIGER. SUPPLEMENTARY INFORMATION: This notice is substantially similar to the final notice published for the TIGER Discretionary Grants program in the Federal Register on April 3, 2015 (80 FR 18283) for fiscal year 2015 funds. However, unlike that round of TIGER Discretionary Grants, this year a preapplication is not required to enhance efficiency of review. In addition, this round of TIGER Discretionary Grants reduces the minimum grant to $5 million from $10 million for urban areas and maximum grant to $100 million from $200 million, as specified in the FY 2016 Appropriations Act. Additionally, the FY 2016 Appropriations Act extends the amount of time that 2016 TIGER funds are available for obligation by one additional year, to expire September 30, 2019. Each section of this notice contains information and instructions relevant to the application process for these TIGER Discretionary Grants, and all applicants should read this notice in its entirety so that they have the information they need to submit eligible and competitive applications. Table of Contents A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Application Review Information F. Federal Award Administration Information G. Federal Awarding Agency Contacts H. Other Information A. Program Description Since the TIGER Discretionary Grants program was first created, $4.6 billion has been awarded for capital investments in surface transportation infrastructure over seven rounds of competitive grants. The TIGER Discretionary Grants program seeks to award projects that advance DOT’s strategic goals for the nation’s transportation system found in DOT’s Strategic Plan for FY 2014–FY 2018 (https://www.transportation.gov/policyinitiatives/draft-dot-strategic-plan-fy2014-2018). Section E, Application Review Information, of this notice describes the TIGER Discretionary Grants selection criteria based on these goals. Please see DOT’s Web site at www.transportation.gov/TIGER for background on previous rounds of TIGER Discretionary Grants. Throughout the TIGER program, TIGER Discretionary Grants awards have supported innovative projects, including multimodal and E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9933-9935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04211]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0010]


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 Michigan Office of Highway Safety Planning (OHSP) to waive the 
requirements of Buy America. NHTSA finds that a non-availability waiver 
is appropriate for OHSP to purchase twenty foreign-made motorcycles 
using Federal grant funds because there are no suitable motorcycles 
produced in the United States for motorcyclist safety training 
purposes.

DATES: The effective date of this waiver is March 14, 2016. Written 
comments regarding this notice may be submitted to NHTSA and must be 
received on or before: March 14, 2016.

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

[[Page 9934]]

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 Michigan's OHSP to purchase twenty motorcycles for motorcyclist 
safety training using grant funds authorized under 23 U.S.C. 402 and 
405(f). Section 402 funds are available for use by state highway safety 
programs that, among other things, reduce or prevent injuries and 
deaths resulting from speeding motor vehicles, driving while impaired 
by alcohol and or drugs, motorcycle accidents, school bus accidents, 
and unsafe driving behavior. 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, include 
supporting training of motorcyclists and the purchase of motorcycles. 
23 U.S.C. 405(f)(1) & (4).
    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); 49 CFR 1.95(f).
    Recently, NHTSA published its finding that a public interest waiver 
of the Buy America requirements is appropriate for a manufactured 
product whose purchase price is $5,000 or less, excluding a motor 
vehicle, when such product is purchased using Federal grant funds 
administered under Chapter 4 of Title 23 of the United States Code. See 
80 FR 37359 (June 30, 2015). Under this public interest waiver, 
therefore, states are no longer required to submit a waiver of Buy 
America to NHTSA for items costing $5,000 or less, except for motor 
vehicles, when they purchase the item with Federal grant funds.
    Michigan's OHSP seeks both a non-availability waiver--that the 
product is not produced in the United States in sufficient quantities--
and a cost waiver--that the purchase of comparable domestic made 
motorcycles are 25 percent greater than the cost of foreign made 
motorcycles--to purchase twenty motorcycles for motorcyclist training 
purposes. It seeks to purchase a combination of the following make, 
model and model year motorcycles and unit price: 2016 Suzuki TU250X 
($4,399); 2015 Yamaha V-Star 250 ($4,340); 2016 Yamaha TW200 ($4,590); 
2015 Honda Grom ($3,199); and 2016 Honda Rebel 250 ($4,190). Michigan 
asserts that a diverse training motorcycle fleet makes it easier to 
match novice riders to training motorcycles they can ride safely and 
comfortably during the training sessions. It notes that the Motorcycle 
Safety Foundation's (MSF) level one classroom curriculum includes a 
discussion of motorcycle types and styles, and how to choose a 
motorcycle that matches a rider's body type and riding experience. 
Michigan adds that the two outdoor sessions of its training program are 
5 hours each, which is long enough that the student's comfort on the 
motorcycle becomes a significant aspect of their training experience. 
The total purchase price for all twenty motorcycles ranges from 
$63,980-$91,800. This training program is designed to improve traffic 
safety by assuring that individuals seeking to obtain a Michigan 
motorcycle operator's license are properly trained in basic motorcycle 
operation and safety.
    OHSP requires that its training motorcycles meet certain 
specifications. The engine displacement must be no more than 250 cubic 
centimeters (CC). Michigan, however, is unable to identify any 
motorcycles with this specification that meet the Buy America 
requirements. OHSP researched motorcycle models made by several 
American motorcycle manufacturers: Harley-Davidson, Inc., Victory 
Motorcycles, Indian Motorcycles, ATK Motorcycles and Cleveland 
CycleWerks. Harley-Davidson produces a 500 CC motorcycle called the 
Street 500, with a MSRP of $6,849. Victory Motorcycles and Indian 
Motorcycles produce motorcycles with a much heavier and larger engine 
displacement than 500 CC, with the lowest MSRP of $12,499 for the 
Victory Vegas 8-ball motorcycle and the lowest MSRP of $10,999 for the 
Indian Scout. OHSP reached out to ATK Motorcycles, a domestic 
manufacturer located in Utah, and determined that ATK Motorcycles are 
not currently produced or available for sale. OHSP also found that 
Cleveland CycleWerks manufactures motorcycles in China, with minimal 
assemblage in the United States.
    Michigan states that its fleet of training motorcycles consists of 
motorcycles with less than 500 CC engine displacement and states that 
its practice is to use motorcycles with 250 CC engine displacement or 
less to enhance safety and minimize risk to participants of the 
training course. OHSP was unable to find a motorcycle that meets its 
requirements for training motorcycles that also meets the Buy America 
requirements. OHSP seeks to use the aforementioned motorcycles for its 
2016 motorcycle safety training program because they are smaller 
motorcycles with smaller engine displacement (250 CC). These 
motorcycles have universal applicability to all rider characteristics. 
For example, tall and short individuals can train with these smaller 
motorcycles; whereas, shorter individuals would have difficulty riding 
taller motorcycles, which, in general, have larger engine displacement. 
Moreover, motorcycles with smaller engine displacement are lighter and 
have less engine power that permit novice riders, or those with smaller 
physical stature, the ability to maneuver the motorcycles with limited 
risk of the motorcycle overpowering the riders causing injury. While 
some larger motorcycles (500 CC) are suitable for some motorcycle 
riders to train on, these motorcycles may overwhelm novice riders with 
their engine power and weight. Motorcycles with larger engine 
displacements do not have the universal applicability of the 250 CC 
motorcycles and would limit the effectiveness of Michigan's training 
courses. The smaller motorcycles will enable Michigan to continue to 
have effective motorcycle safety training courses that further the goal 
of section 402 and 405 to reduce motorcycle crashes and develop 
effective motorcyclist training for all its constituents.
    NHTSA is unaware of any other domestic motorcycle manufacturers 
than Harley-Davidson, Victory, and Indian. As these manufacturers do 
not sell a motorcycle that meets the requirements for Michigan's 
motorcycle safety training purposes, a Buy America

[[Page 9935]]

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 Michigan to purchase twenty motorcycles 
for training purposes. Michigan seeks both a non-availability waiver--
where the product is not produced in the United States in sufficient 
quantities--and a cost basis waiver--where the purchase of a comparable 
domestic made motorcycle is 25 percent greater than the cost of foreign 
a made motorcycle. We have construed this as a non-availability waiver 
request because a cost basis waiver is not appropriate when there is no 
comparable domestic product against which to compare the price of the 
foreign product. Here, no domestic manufacturer produces a motorcycle 
with 250 CC engine displacement. As smaller engine displacement is 
common for training purposes and no American manufacturer produces 
motorcycles with this specification, a non-availability waiver is 
appropriate.
    This waiver applies to Michigan and all other States seeking to use 
section 402 and 405 funds to purchase the make and model motorcycles 
above and for the purposes mentioned herein. This waiver will continue 
through fiscal year 2016 and will allow the purchase of these items as 
required for Michigan's OHSP and its motorcyclist training programs. 
Accordingly, this waiver will expire at the conclusion of fiscal year 
2016 (September 30, 2016). 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, Yamaha and Honda 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, on February 22, 2016 under authority 
delegated in 49 CFR part 1.95.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-04211 Filed 2-25-16; 8:45 am]
BILLING CODE 4910-59-P