Notice of Buy America Waiver for Ductless Mini-Split Air Conditioning Systems, 23077-23079 [2016-08987]

Download as PDF Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices goods, not services. Additionally, Selex ES did not participate in the initial RFP offered by KCATA. If Selex ES had bid on KCATA’s RFP it too would have needed a non-availability waiver of the Buy America requirements. Therefore, based on the information supplied in support of KCATA’s request for a Buy America waiver for the DMR Tier III Trunked UHF Voice radio system that is compatible with its current system, including NIST’s inability to locate a domestic manufacturer that currently produces a similar system and that no other entity was able to establish that it makes a Buy America complaint system, FTA hereby waives its Buy America requirements for the DMR Tier III Trunked UHF Voice radio system on the grounds that the manufactured product is not available in the U.S. This waiver is limited to a single procurement for the DMR Tier III Trunked UHF Voice radio system by KCATA. Issued on April 14, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016–08989 Filed 4–18–16; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2016–0005] Notice of Buy America Waiver for Special Trackwork Turnout Switch Components. AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America waiver. In response to the request of the Detroit Transportation Corporation (DTC) for a Buy America nonavailability waiver for the procurement of two special trackwork turnout switch components (switch), the Federal Transit Administration (FTA) hereby waives its Buy America requirements, finding that the materials for which the waiver is requested are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality. This waiver is limited to the procurement by DTC for the switch. DATES: This waiver is effective immediately. FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at (202) 366–2743 or Laura.Ames@dot.gov. SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce that FTA has granted a Buy America mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:02 Apr 18, 2016 Jkt 238001 non-availability waiver for DTC for the procurement of the switch, under 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c). With certain exceptions, FTA’s Buy America requirements prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless ‘‘the steel, iron, and manufactured goods used in the project are produced in the United States.’’ 49 U.S.C. 5323(j)(1). A manufactured product 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 the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that ‘‘the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality,’’ then FTA may issue a nonavailability waiver. 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). ‘‘It will be presumed that the conditions exist to grant this non-availability waiver if no responsive and responsible bid is received offering an item produced in the United States.’’ 49 CFR 661.7(c)(1). DTC is the owner and operator of the Detroit People Mover, which is the largest municipal rail system in Michigan. It is a fully automated light rail system that operates twelve rail cars between thirteen passenger stations on an elevated single track in a 2.9 mile loop in Detroit’s central business district. In March 2015, DTC solicited bids to procure special trackwork switch point for Turnout 3, which is located adjacent to the Maintenance Facility Building and provides access to the building. The special trackwork of concern was originally procured from Germany (by Krupp Stahl AG) and is of European standards, using AREMA 115RE rail throughout the turnout with special 60E1A1 (formerly Zu-160) track point section. The project includes replacing stock rails that connect the switch point section to the original running rails, as well as rubber pads; both the rails and pads will be sourced domestically. The waiver only applies to the switch component of the project. DTC issued the first RFP in March 2015 to thirteen companies. DTC received no responses. It contacted all the companies, and reissued the RFP in May 2015 to six firms that expressed an interest in the project. From this RFP, DTC only received one proposal, from Delta Railroad Construction, Inc. (Delta). PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 23077 Delta, however, cannot comply with Buy America requirements because the only manufacturer of the switch is a German company. To change the manufacturer, Delta would need to reengineer the switch and modify the ‘‘frog’’ section and guideway elements; this design would need to be certified. Delta would then need to locate a domestic source to manufacture the reengineered switch. Upon installation, the proprietary software designer of the automated control train system would need to certify the switch’s performance in order to ensure it could be safely used with the existing guideway switch machines. On March 22, 2016, and in accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice in the Federal Register announcing the DTC Buy America waiver request (81 FR 15406), seeking comment from all interested parties, including potential vendors and suppliers. The comment period closed on March 29, 2016, and no comments were received. Based on the representations of DTC and the lack of any comments, FTA is granting a non-availability waiver for the procurement of the switch described above, on the grounds that the manufactured product is not available in the U.S. This waiver is limited to a single procurement of the switch described above by DTC. Issued on April 14, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016–08988 Filed 4–18–16; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2016–0004] Notice of Buy America Waiver for Ductless Mini-Split Air Conditioning Systems AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America waiver. In response to requests received from the Indianapolis Public Transportation Corporation (IPTC) for a Buy America non-availability waiver for the procurement of an inverter-driven ductless mini-split system air conditioner; the York Adams Transportation Authority (YATA) for ductless split system air conditioning units; the Key West Transit (KWT) for a ductless mini-split mechanical system for the City of Key West Public SUMMARY: E:\FR\FM\19APN1.SGM 19APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 23078 Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices Transportation Facility; and the Springfield Redevelopment Authority (SRA) for ductless mini-split air conditioners for the Union Station Regional Intermodal Transportation Center in Springfield, Massachusetts, the Federal Transit Administration (FTA) hereby waives its Buy America requirements, finding that the materials for which the waivers are requested are not produced in the United States in sufficient and reasonable quantities and of satisfactory quality. This waiver is limited to the specific procurements identified herein. DATES: This waiver is effective immediately. FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at (202) 366–2743 or Laura.Ames@dot.gov. SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce that FTA has granted non-availability Buy America waivers to IPTC, YATA, KWT, and SRA for the procurement of ductless split system air conditioning units 49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(c). With certain exceptions, FTA’s Buy America requirements prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless ‘‘the steel, iron, and manufactured goods used in the project are produced in the United States.’’ 49 U.S.C. 5323(j)(1). A manufactured product 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 the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that ‘‘the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality,’’ then FTA may issue a nonavailability waiver. 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). ‘‘It will be presumed that the conditions exist to grant this non-availability waiver if no responsive and responsible bid is received offering an item produced in the United States.’’ 49 CFR 661.7(c)(1). By way of background, IPTC is constructing its Downtown Transit Center and the contractor and subcontractor hired for the project, Weddle Bros. Building Group, LLC and Commercial Air Inc., previously certified Buy America compliance. After awarding the contract, Commercial Air became aware that the inverter-driven VerDate Sep<11>2014 18:02 Apr 18, 2016 Jkt 238001 ductless mini-split system air conditioner selected for the center, was non-compliant. Enviroair manufactures this air conditioning system in China, although certain equipment is stocked and shipped from Utica, New York. IPTC selected the Enviroair system, which will be installed in the transit center’s information technology room, because it will keep the room constantly cool and is the only way to cool the room in the space provided. IPTC also hopes to receive Silver LEED certification for the transit center and the Enviroair system is critical for achieving this certification. IPTC identified six other ductless mini-split air condition system manufacturers, all of which are manufactured abroad. YATA seeks to install multiple ductless split system air conditioning units in its Operations and Maintenance Facility. These units will regulate environmental conditions in areas with specific temperature and/or humidity requirements, such as in server rooms or elevator machine rooms, or in rooms where conventional ductwork is not possible. YATA’s successful bidder certified Buy America compliance, although later learned that the units from ECR international-EMI–USA of Utica, New York, are in fact manufactured abroad. YATA identified one ductless split system unit that is manufactured in the U.S. by Modine, however, this unit has a larger capacity than YATA’s project requirements for the Operations and Maintenance Facility. Use of this unit would result in constant compressor cycling and a limited lifespan. Moreover, YATA states that it cannot use a standard split system unit as an alternative to the ductless split system, because a standard system is incapable of treating ventilation air and the required ductwork cannot be installed in locations that need environmental control. Therefore, no domestic manufacturer exists that would satisfy YATA’s project needs. KWT is completing construction of its City of Key West Public Transportation Facility, which is a U.S. Green Building Council LEED project and includes many sustainable and efficient elements, including that of the HVAC system. According to KWT’s waiver request, the HVAC system is Buy America-compliant, with the exception of the VRF mechanical system which will be placed in three of the electrical, mechanical, and server rooms in the new facility. KWT states that these rooms must be able to function separately from the main operations building. KWT also is building this facility to be LEED silver certified and PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 the energy-efficient VRF system will help KWT attain this certification. The VRF system sought will also better accommodate spatial constraints since the new facility is surrounded by a landfill, school bus parking lot, and other construction projects. It is also located in a highly-trafficked area, which limits the footprint of the project. Unlike other HVAC systems, the ductless mini-split system will be able to fit into the available space. KWT is installing a Carrier ductless mini-split system in the facility. Before selecting this system, KWT conducted extensive research and reached out to domestic manufacturers, however, KWT was unable to find a domestically manufactured mini-split air conditioning system. KWT states that it contacted the remaining America manufacturer of VRF HVAC systems and this manufacturer ceased production two years ago. SRA is constructing the Union Station Regional Intermodal Transportation Center, which includes renovation of the existing Terminal Building and the construction of a six-story parking garage. SRA is seeking to procure nine ductless mini-split air conditioners for the construction project. Each building within the transportation center will have its own HVAC system. SRA states that it is necessary to install ductless mini-split air conditioners in each individual room in order to maintain environs in each room. The air conditioners will be independent of other heating and cooling systems and will be backed up by a generator. Initially, SRA’s contractor believed that Trane’s product was Buy Americacompliant. Subsequently, however, Trane notified SRA that its product was mislabeled and is actually foreign-made. SRA also contacted 8 other companies who manufacture ductless mini-split air conditioners, although none of these companies manufacture the product domestically. As a result, SRA is seeking a non-availability waiver for the ductless mini-split air conditioners as there is no domestic manufacturer. FTA also conducted a scouting search for ductless air conditioning systems through its Interagency Agreement with the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST). Although the scouting search identified two domestic manufacturers as potential matches for this opportunity, upon further investigation neither company currently produces a system that would meet the stated specifications. On Tuesday, March 22, 2016, and in accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice in the Federal E:\FR\FM\19APN1.SGM 19APN1 Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices Register announcing the Buy America waiver request (81 FR 15409), seeking comment from all interested parties, including potential vendors and suppliers. The comment period closed on March 29, 2016, and no comments were received. Based on the representations from IPTC, YATA, KWT, and SRA, the lack of any comments, and the fact that the NIST supplier scouting search did not identify a domestically made air conditioner system, FTA is granting a non-availability waiver for the procurements of the ductless air conditioning systems described above on the grounds that the manufactured products are not available in the U.S. This waiver is limited to the specific procurements described in this waiver. Issued on April 14, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016–08987 Filed 4–18–16; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2016–0035; Notice No. 2016–03] Hazardous Materials: U.S. Designated Agents by Non-Resident Firework Manufacturers Guidance Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Guidance Notice. AGENCY: PHMSA is issuing this guidance clarifying that: (1) Firework manufacturers may have more than one U.S. Designated Agent provided they follow certain criteria; and (2) inclusion of electronic contact information can help reduce processing times for approval requests. DATES: The policy clarification discussed in this document is effective April 19, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Ryan Paquet, Director, Approvals and Permits Division, Office of Hazardous Materials Safety, (202) 366–4512, PHMSA, 1200 New Jersey Avenue SE., Washington, DC 20590. Correspondence with respect to this notice should be sent to: FIREWORKS@dot.gov, subject line—‘‘U.S. Designated Agents Guidance’’ or respond to the listed address for Mr. Ryan Paquet. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:02 Apr 18, 2016 Jkt 238001 I. Introduction In this action, PHMSA’s Office of Hazardous Materials Safety (OHMS) is issuing this Public Outreach Notice to clarify PHMSA’s policy regarding the use of U.S. Designated Agents by nonresident firework manufacturers, clarifying the number of U.S. Designated Agents non-resident firework manufacturers may use. II. Background Pursuant to 49 CFR 173.56(b), a new explosive (firework) must be examined and assigned a recommended shipping description, division, and compatibility group by an examining agency, which is approved by PHMSA, unless the firework is manufactured to comply with the requirements specified in §§ 173.64 and 173.65. Applicant firework manufacturers that are not residents of the United States are required to designate an individual, a firm, or a domestic corporation that is a permanent resident of the United States to act as the non-resident applicant firework manufacturer’s U.S. Designated Agent, in accordance with § 105.40. III. Action PHMSA is no longer restricting nonresident firework manufacturers to the use of one U.S. Designated Agent. Since PHMSA allows applicant firework manufacturers to have more than one U.S. Designated Agent, the following criteria will help PHMSA to ensure that it has the correct information regarding a non-resident applicant firework manufacturer’s U.S. Designated Agent. PHMSA is also clarifying in this Notice that, although not required under § 105.40, inclusion of electronic contact information (i.e., email) allows for a more expedited processing of approvals. When PHMSA has only the physical address of the applicant or agent, the process of compiling and manually processing for mailing approvals can add as much as two weeks to the processing time. Non-Resident Application Requests for Classification will be reviewed when: The U.S. Designated Agent information listed on the application request matches the information on the U.S. Designated Agent letter enclosed with the request. Non-Resident Application Requests for Classification may be rejected when: The U.S. Designated Agent information listed on the application request does not match the information on the U.S. Designated Agent letter enclosed with the request. The application request indicates that the applicant firework manufacturer has PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 23079 a U.S. Designated Agent, but does not include a U.S. Designated Agent letter. Detailed information on the requirements for classification and approval of new fireworks is found in 49 CFR 173.56, 173.64, 173.65, the American Pyrotechnics Association’s Standard 87–1, and on PHMSA’s Web site at: www.phmsa.dot.gov/hazmat. Additional information is available by calling the Hazardous Materials Information Center at (800) 467–4922 or (202) 366–4488. Issued in Washington, DC, on April 12, 2016, under authority delegated in 49 CFR Part 107. William S. Schoonover, Deputy Associate Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2016–09015 Filed 4–18–16; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION [Docket No. DOT–OST–2016–0007] Office of the Assistant Secretary for Research and Technology (OST–R) Notice of Request for Clearance of a Revision of a Currently Approved Information Collection: National Census of Ferry Operators Bureau of Transportation Statistics (BTS) Office of the Assistant Secretary for Research and Technology (OST–R), DOT. ACTION: Notice AGENCY: In accordance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, this notice announces the intention of the BTS to request the Office of Management and Budget’s (OMB’s) approval for an information collection related to the nation’s ferry operations. The information collected will be used to produce a descriptive database of existing ferry operations. A summary report of survey findings will also be published by BTS on the BTS Web page. DATES: Comments must be submitted on or before May 19, 2016. FOR FURTHER INFORMATION CONTACT: Janine L. McFadden, (202) 366–2468, NCFO Project Manager, BTS, OST–R, Department of Transportation, 1200 New Jersey Ave. SE., Room E34–411, Washington, DC 20590. Office hours are from 8:00 a.m. to 5:30 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: National Census of Ferry Operators (NCFO) SUMMARY: E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Pages 23077-23079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08987]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0004]


Notice of Buy America Waiver for Ductless Mini-Split Air 
Conditioning Systems

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America waiver.

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

SUMMARY: In response to requests received from the Indianapolis Public 
Transportation Corporation (IPTC) for a Buy America non-availability 
waiver for the procurement of an inverter-driven ductless mini-split 
system air conditioner; the York Adams Transportation Authority (YATA) 
for ductless split system air conditioning units; the Key West Transit 
(KWT) for a ductless mini-split mechanical system for the City of Key 
West Public

[[Page 23078]]

Transportation Facility; and the Springfield Redevelopment Authority 
(SRA) for ductless mini-split air conditioners for the Union Station 
Regional Intermodal Transportation Center in Springfield, 
Massachusetts, the Federal Transit Administration (FTA) hereby waives 
its Buy America requirements, finding that the materials for which the 
waivers are requested are not produced in the United States in 
sufficient and reasonable quantities and of satisfactory quality. This 
waiver is limited to the specific procurements identified herein.

DATES: This waiver is effective immediately.

FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at 
(202) 366-2743 or Laura.Ames@dot.gov.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce 
that FTA has granted non-availability Buy America waivers to IPTC, 
YATA, KWT, and SRA for the procurement of ductless split system air 
conditioning units 49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(c).
    With certain exceptions, FTA's Buy America requirements prevent FTA 
from obligating an amount that may be appropriated to carry out its 
program for a project unless ``the steel, iron, and manufactured goods 
used in the project are produced in the United States.'' 49 U.S.C. 
5323(j)(1). A manufactured product 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 the United States, regardless of the origin of 
its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that 
``the steel, iron, and goods produced in the United States are not 
produced in a sufficient and reasonably available amount or are not of 
a satisfactory quality,'' then FTA may issue a non-availability waiver. 
49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). ``It will be presumed that 
the conditions exist to grant this non-availability waiver if no 
responsive and responsible bid is received offering an item produced in 
the United States.'' 49 CFR 661.7(c)(1).
    By way of background, IPTC is constructing its Downtown Transit 
Center and the contractor and subcontractor hired for the project, 
Weddle Bros. Building Group, LLC and Commercial Air Inc., previously 
certified Buy America compliance. After awarding the contract, 
Commercial Air became aware that the inverter-driven ductless mini-
split system air conditioner selected for the center, was non-
compliant. Enviroair manufactures this air conditioning system in 
China, although certain equipment is stocked and shipped from Utica, 
New York. IPTC selected the Enviroair system, which will be installed 
in the transit center's information technology room, because it will 
keep the room constantly cool and is the only way to cool the room in 
the space provided. IPTC also hopes to receive Silver LEED 
certification for the transit center and the Enviroair system is 
critical for achieving this certification. IPTC identified six other 
ductless mini-split air condition system manufacturers, all of which 
are manufactured abroad.
    YATA seeks to install multiple ductless split system air 
conditioning units in its Operations and Maintenance Facility. These 
units will regulate environmental conditions in areas with specific 
temperature and/or humidity requirements, such as in server rooms or 
elevator machine rooms, or in rooms where conventional ductwork is not 
possible. YATA's successful bidder certified Buy America compliance, 
although later learned that the units from ECR international-EMI-USA of 
Utica, New York, are in fact manufactured abroad. YATA identified one 
ductless split system unit that is manufactured in the U.S. by Modine, 
however, this unit has a larger capacity than YATA's project 
requirements for the Operations and Maintenance Facility. Use of this 
unit would result in constant compressor cycling and a limited 
lifespan. Moreover, YATA states that it cannot use a standard split 
system unit as an alternative to the ductless split system, because a 
standard system is incapable of treating ventilation air and the 
required ductwork cannot be installed in locations that need 
environmental control. Therefore, no domestic manufacturer exists that 
would satisfy YATA's project needs.
    KWT is completing construction of its City of Key West Public 
Transportation Facility, which is a U.S. Green Building Council LEED 
project and includes many sustainable and efficient elements, including 
that of the HVAC system. According to KWT's waiver request, the HVAC 
system is Buy America-compliant, with the exception of the VRF 
mechanical system which will be placed in three of the electrical, 
mechanical, and server rooms in the new facility. KWT states that these 
rooms must be able to function separately from the main operations 
building. KWT also is building this facility to be LEED silver 
certified and the energy-efficient VRF system will help KWT attain this 
certification. The VRF system sought will also better accommodate 
spatial constraints since the new facility is surrounded by a landfill, 
school bus parking lot, and other construction projects. It is also 
located in a highly-trafficked area, which limits the footprint of the 
project. Unlike other HVAC systems, the ductless mini-split system will 
be able to fit into the available space.
    KWT is installing a Carrier ductless mini-split system in the 
facility. Before selecting this system, KWT conducted extensive 
research and reached out to domestic manufacturers, however, KWT was 
unable to find a domestically manufactured mini-split air conditioning 
system. KWT states that it contacted the remaining America manufacturer 
of VRF HVAC systems and this manufacturer ceased production two years 
ago.
    SRA is constructing the Union Station Regional Intermodal 
Transportation Center, which includes renovation of the existing 
Terminal Building and the construction of a six-story parking garage. 
SRA is seeking to procure nine ductless mini-split air conditioners for 
the construction project. Each building within the transportation 
center will have its own HVAC system. SRA states that it is necessary 
to install ductless mini-split air conditioners in each individual room 
in order to maintain environs in each room. The air conditioners will 
be independent of other heating and cooling systems and will be backed 
up by a generator. Initially, SRA's contractor believed that Trane's 
product was Buy America-compliant. Subsequently, however, Trane 
notified SRA that its product was mislabeled and is actually foreign-
made. SRA also contacted 8 other companies who manufacture ductless 
mini-split air conditioners, although none of these companies 
manufacture the product domestically. As a result, SRA is seeking a 
non-availability waiver for the ductless mini-split air conditioners as 
there is no domestic manufacturer.
    FTA also conducted a scouting search for ductless air conditioning 
systems through its Interagency Agreement with the U.S. Department of 
Commerce's National Institute of Standards and Technology (NIST). 
Although the scouting search identified two domestic manufacturers as 
potential matches for this opportunity, upon further investigation 
neither company currently produces a system that would meet the stated 
specifications.
    On Tuesday, March 22, 2016, and in accordance with 49 U.S.C. 
5323(j)(3)(A), FTA published a notice in the Federal

[[Page 23079]]

Register announcing the Buy America waiver request (81 FR 15409), 
seeking comment from all interested parties, including potential 
vendors and suppliers. The comment period closed on March 29, 2016, and 
no comments were received. Based on the representations from IPTC, 
YATA, KWT, and SRA, the lack of any comments, and the fact that the 
NIST supplier scouting search did not identify a domestically made air 
conditioner system, FTA is granting a non-availability waiver for the 
procurements of the ductless air conditioning systems described above 
on the grounds that the manufactured products are not available in the 
U.S. This waiver is limited to the specific procurements described in 
this waiver.

    Issued on April 14, 2016.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-08987 Filed 4-18-16; 8:45 am]
 BILLING CODE 4910-57-P
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