Notice of Buy America Waiver, 9933-9935 [2016-04211]
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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
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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:
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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 https://
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 https://
www.regulations.gov, including any
personal information provided. You
DATES:
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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
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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
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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
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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.
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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
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]]>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 https://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 https://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
