Notice of Buy America Waiver, 50054-50056 [2016-17972]

Download as PDF 50054 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES SECRET classified sessions. Eligibility for VISA participation will be terminated if a key representative does not have a clearance, an applicant is rejected for a facility clearance by DSS, or the applicant fails to complete the clearance process in a timely manner. Application for VISA Participation New applicants may apply to participate by obtaining a VISA application package (Form MA–1020 (OMB Approval No. 2133–0532)) from the Director, Office of Sealift Support. Form MA–1020 includes instructions for completing and submitting the application, blank VISA Application forms and a request for information regarding the operations and U.S. citizenship of the applicant company. A copy of the VISA document as published in the Federal Register on October 29, 2014 will also be provided with the package. This information is needed in order to assist MARAD in making a determination of the applicant’s eligibility. An applicant company must provide an affidavit that demonstrates that the company is qualified to document a vessel under 46 U.S.C. 12103, and that it owns, or bareboat charters and controls, oceangoing, militarily useful vessel(s) for purposes of committing assets to the VISA program. New VISA applicants are required to submit their applications for the VISA program as described in this Notice no later than 30 days after the date of publication of this Federal Register notice. Applicants must provide the following: U.S. citizenship documentation; Copy of their Articles of Incorporation and/or By Laws; Copies of loadline documents from a recognized classification society to validate oceangoing vessel capability; U.S. Coast Guard Certificates of Documentation for all vessels in their fleet; Copy of Bareboat Charters, if applicable, valid through the period of enrollment, which state that the owner will not interfere with the charterer’s obligation to commit chartered vessel(s) to the VISA program for the duration of the charter; and Copy of Time Charters, valid through the period of enrollment for tug services if sufficient tug service is not owned or bareboat chartered by the barge operator. Tug/Barge operators must provide evidence to MARAD that tug service of sufficient horsepower will be available for all barges enrolled in the VISA program. Once MARAD has reviewed the application and determined VISA eligibility, MARAD will sign the VISA application document which completes the eligibility phase of the VISA VerDate Sep<11>2014 18:42 Jul 28, 2016 Jkt 238001 enrollment process. Approved VISA participants will be responsible for ensuring that information submitted with their application remains up to date after the approval process. If charter agreements are due to expire, participants must provide MARAD with charters that extend the charter duration for another 12 months or longer. After VISA eligibility is approved by MARAD, approved applicants are required to execute a VISA Contingency Contract with the USTRANSCOM in a timely manner. The USTRANSCOM VISA Contingency Contract will specify the following: Participant’s Stage III commitment, and appropriate Stage I and/or II commitments for the period October 1, 2016 through September 30, 2017; Drytime Contingency terms and conditions; and Liner Contingency terms and conditions, if applicable. If any change is expected in the Contractor’s U.S. flag fleet during the period of the applicable VISA Contingency Contract, a minimum 30day notice shall be provided to MARAD and USTRANSCOM identifying the change and to alter the VISA Capacity Commitment indicated on Attachment 1 of the VISA Contingency Contract. Execution of the USTRANSCOM VISA Contingency Contract completes the enrollment process and establishes the approved applicant as a VISA Participant. The Maritime Administration reserves the right to revalidate all eligibility requirements without notice. USTRANSCOM reserves the right to revalidate eligibility for VISA priority for DOD business at any time without notice. Authority: 49 CFR Sections 1.92 and 1.93. * * * * * By Order of the Maritime Administrator. Dated: July 25, 2016. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2016–17888 Filed 7–28–16; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA—2016–0080] 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 to waive the requirements of SUMMARY: PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 Buy America from the New Hampshire Office of Highway Safety (New Hampshire). NHTSA finds that a nonavailability waiver of the Buy America requirement is appropriate for the purchase of five (5) Sokia SX Robotic total stations using Federal highway traffic safety grant funds because there are no suitable products produced in the United States. DATES: The effective date of this waiver is August 15, 2016. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: August 15, 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 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 requirement, 23 U.S.C. 313, is appropriate for New Hampshire to purchase five (5) Sokia SX Robotic total stations. The cost for all five stations amount to $135,000 using grant funds authorized under 23 U.S.C. 402 and 405(d). 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, E:\FR\FM\29JYN1.SGM 29JYN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices driving while impaired by alcohol and or drugs, motorcycle accidents, school bus accidents, unsafe driving behavior and improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures. 23 U.S.C. 402(a). Section 402 funds are also available to states for accident investigations to determine the probable causes of accidents, injuries and deaths. Id. Section 405(d) funds are available for section 402 activities provided that a State has adopted and is enforcing a mandatory alcoholignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated. 23 U.S.C. 405(d)(6). 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). New Hampshire seeks a waiver to purchase five (5) Sokia SX Robotic total stations for the New Hampshire State Police, Collision Analysis and Reconstruction Division using Federal grant funds at a cost of $135,000 for all five. A total station is an electronic/ optical instrument used in modern surveying and accident reconstruction. Specifically, a total station is an electronic theodolite integrated with an electronic distance meter to read slope distances from the instrument to a particular point. According to New Hampshire, a total station is an important piece of forensic mapping equipment that is used as an on-scene reconstruction tool that assists in determining the cause of a crash and can support crash investigations in a timely, efficient manner, allowing for quicker highway clearance and traffic flow. The total station is designed to gather evidence of events, leading up to, during and following a crash. New Hampshire notes that there are three types of total stations: Basic, Reflectorless and Robotic. A basic total station consists of a control head, prism (reflector), data collector, and requires VerDate Sep<11>2014 18:42 Jul 28, 2016 Jkt 238001 two people to operate. A reflectorless total station contains the same equipment, but, it can be used without the prism in a single person operation that still requires manual operation. The robotic total station contains some of the same equipment as the basic and reflectorless total stations, however, the control head is robotic and motorized allowing it to track the prism and focus automatically making the robotic total station easy to use by one individual without having to operate it manually. Based upon its experience, New Hampshire states that the Sokkia Robotic Total Station is the most efficient piece of equipment to complete investigations, clear highways, and continue the normal flow of traffic. New Hampshire adds that the robotic total station is twice as fast as the basic and reflectorless total stations. New Hampshire asserts that there are no total station models that are manufactured or assembled in the United States. In support of its waiver, New Hampshire states it conducted extensive due diligence and found there are no robotic total station models that are manufactured or assembled in the United States. On November 19, 2015, NHTSA published its decision to waive the requirements of Buy America for the North Carolina Highway Safety Office to purchase a Nikon Nivo 5M plus Reflectorless total station. See 80 FR 72480. In that notice, the agency noted that both North Carolina and NHTSA performed market analyses which revealed that all total station equipment are foreign made.1 Id. at 72481. On March 10, 2016, NHTSA published its determination that it was appropriate to grant a waiver from the Buy America requirements to the Maine Bureau of Highway Safety in order to purchase a Leica reflectorless total station. 81 FR 12780–81 (March 10, 2016). The agency did not receive any comments in response to these two notices that would inform it that there are domestic manufacturers of total stations. At this time, the agency is unaware of any type of total station (Basic, Reflectorless and Robotic) produced domestically. 1 In our November 19, 2015 notice, we noted that the combined market research of North Carolina and NHTSA found that the following manufacturers produced foreign made total stations: CT Berger (China); Leica (Switzerland); Nikon (Japan); Spectra Precision (Japan); Northwest Instruments (China); Topcon (Japan); Trimble (Sweden); Hi-Target Instrument Surveying Co. Ltd. (China); geo-Fennel GmbH (Germany); Hilti (Liechtenstein); North Surveying (Spain); South Precision Instrument (China); Ruide Surveying Instrument Co. (China); Pentex (Japan/China); and Topcon (Japan, China and Thailand). PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 50055 NHTSA agrees that the total stations advance the purpose of section 402 to improve law enforcement services in motor vehicle accident prevention and post-accident reconstruction and enforcement. A total station is an onscene reconstruction tool that assists in the determination of the cause of the crash and can support crash investigations. It is an electronic/optical instrument that specializes in surveying with tools to provide precise measurements for diagraming crash scenes, including a laser range finder and a computer to assist law enforcement to determine post-accident reconstruction. The total station system is designed to gather evidence of the events leading up to, during and following a crash. These tools are used to gather evidence to determine such facts as minimum speed at the time of a crash, the critical speed of a roadway curve, the distance a vehicle may have traveled when out of control and other factors that involve a crash investigation. In some instances, the facts collected through the use of a total station are used to form a basis of a criminal charge or evidence in a criminal prosecution. Based upon NHTSA’s recent market analysis, and lack of comment in response to our two prior notices on total stations, we are unaware of any total station equipment (Basic, Reflectorless and Robotic) that is manufactured domestically. Ibid. Since a total station is unavailable from a domestic manufacturer and the equipment would assist in post-accident reconstruction and enforcement to advance the purpose of 23 U.S.C. 402 and 405(d), a Buy America waiver is appropriate. NHTSA invites public comment on this conclusion. In light of the above discussion, and pursuant to 23 U.S.C. 313(b)(2), NHTSA finds that it is appropriate to grant a waiver from the Buy America requirements to New Hampshire in order to purchase the robotic total station equipment. This waiver applies to New Hampshire to purchase five (5) Sokia SX Robotic total stations for the purposes mentioned herein, and all other states seeking to use sections 402 and 405(d) funds for these types of total stations. This waiver is effective through fiscal year 2016 and expires at the conclusion of the fiscal year (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 E:\FR\FM\29JYN1.SGM 29JYN1 50056 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices America requirements is appropriate for the Sokia SX Robotic total station. Written comments on this finding may be submitted through any of the methods discussed above. NHTSA may reconsider this finding if, through comment, it learns additional relevant information regarding its decision to grant New Hampshire’s waiver request. 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 July 25, 2016 under authority delegated in 49 CFR part 1.95. Paul A. Hemmersbaugh, Chief Counsel. [FR Doc. 2016–17972 Filed 7–28–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund Notice and Request for Public Comment The U.S. Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Community Development Financial Institutions Fund (CDFI Fund), U.S. Department of the Treasury, is soliciting comments concerning the New Markets Tax Credit (NMTC) Program Allocation Tracking System (ATS). DATES: Written comments must be received on or before September 27, 2016 to be assured of consideration. ADDRESSES: Submit your comments via email to David Meyer, Certification, Compliance Monitoring and Evaluation (CCME) Program Manager, CDFI Fund, at ccme@cdfi.treas.gov. FOR FURTHER INFORMATION CONTACT: David Meyer, CCME Program Manager, CDFI Fund, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220 or by facsimile to (202) 653–0375 (not a toll free number). Other information regarding the CDFI Fund and its programs may be obtained through the CDFI Fund’s Web site at https:// asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:42 Jul 28, 2016 Jkt 238001 www.mycdfi.cdfifund.gov/docs/2006/ nmtc/2006ATSinstructions.pdf. SUPPLEMENTARY INFORMATION: Title: New Markets Tax Credit Program Allocation Tracking System. OMB Number: 1559–0024. Abstract: Title I, subtitle C, section 121 of the Community Renewal Tax Relief Act of 2000 (the Act), as enacted by section 1(a)(7) of the Consolidated Appropriations Act, 2001 (Pub. L. 106– 554, December 21, 2000), amended the Internal Revenue Code (IRC) by adding IRC § 45D, New Markets Tax Credit. Pursuant to IRC § 45D, the Department of the Treasury, through the CDFI Fund, administers the NMTC Program, which provides an incentive to investors in the form of tax credits over seven years and stimulates the provision of private investment capital that, in turn, facilitates economic and community development in low-income communities. In order to qualify for an allocation of NMTC authority, an entity must be certified as a qualified Community Development Entity and submit an allocation application to the CDFI Fund. Upon receipt of such applications, the CDFI Fund conducts a competitive review process to evaluate applications for the receipt of NMTC allocations. Entities selected to receive an NMTC allocation must enter into an allocation agreement with the CDFI Fund. The allocation agreement contains the terms and conditions, including all reporting requirements, associated with the receipt of a NMTC allocation. The CDFI Fund requires each allocatee to use an electronic data collection and submission system, known as the Allocation Tracking System (ATS), to report on the information related to its receipt of a Qualified Equity Investment. The CDFI Fund developed the ATS to, among other things: (1) Enhance the allocatee’s ability to report to the CDFI Fund timely information regarding the issuance of its Qualified Equity Investments; (2) enhance the CDFI Fund’s ability to monitor the issuance of Qualified Equity Investments to ensure that no allocatee exceeds its allocation authority and to ensure that Qualified Equity Investments are issued within the timeframes required by the allocation agreement and IRC § 45D; and (3) provide the CDFI Fund with basic investor data which may be aggregated and analyzed in connection with NMTC evaluation efforts. Current Actions: Renewal of Existing Information Collection. Type of Review: Regular Review. Affected Public: NMTC Program allocatees. PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 Estimated Number of Respondents: 658. Estimated Annual Time per Respondent: 18 hours. Estimated Total Annual Burden Hours: 11,844 hours. Requests for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services required to provide information. Authority: 12 U.S.C. 4701 et seq.; 26 U.S.C. 45D. Mary Ann Donovan, Director, Community Development Financial Institutions Fund. [FR Doc. 2016–17916 Filed 7–28–16; 8:45 am] BILLING CODE 4810–70–P DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund Agency Information Collection Activities; Proposals, Submissions, and Approvals Community Development Financial Institutions Fund, Treasury. ACTION: Notice and request for comments. AGENCY: The U.S. Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Community Development Financial Institutions Fund (the CDFI Fund), the Department of the Treasury, is soliciting comments concerning modifying the Bank Enterprise Award Program (BEA Program) Report Form to a form that may be used for the Community SUMMARY: E:\FR\FM\29JYN1.SGM 29JYN1

Agencies

[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 50054-50056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17972]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA--2016-0080]


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 
to waive the requirements of Buy America from the New Hampshire Office 
of Highway Safety (New Hampshire). NHTSA finds that a non-availability 
waiver of the Buy America requirement is appropriate for the purchase 
of five (5) Sokia SX Robotic total stations using Federal highway 
traffic safety grant funds because there are no suitable products 
produced in the United States.

DATES: The effective date of this waiver is August 15, 2016. Written 
comments regarding this notice may be submitted to NHTSA and must be 
received on or before: August 15, 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 
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 requirement, 23 U.S.C. 313, is appropriate 
for New Hampshire to purchase five (5) Sokia SX Robotic total stations. 
The cost for all five stations amount to $135,000 using grant funds 
authorized under 23 U.S.C. 402 and 405(d). 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,

[[Page 50055]]

driving while impaired by alcohol and or drugs, motorcycle accidents, 
school bus accidents, unsafe driving behavior and improve law 
enforcement services in motor vehicle accident prevention, traffic 
supervision, and post-accident procedures. 23 U.S.C. 402(a). Section 
402 funds are also available to states for accident investigations to 
determine the probable causes of accidents, injuries and deaths. Id. 
Section 405(d) funds are available for section 402 activities provided 
that a State has adopted and is enforcing a mandatory alcohol-ignition 
interlock law for all individuals convicted of driving under the 
influence of alcohol or of driving while intoxicated. 23 U.S.C. 
405(d)(6).
    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).
    New Hampshire seeks a waiver to purchase five (5) Sokia SX Robotic 
total stations for the New Hampshire State Police, Collision Analysis 
and Reconstruction Division using Federal grant funds at a cost of 
$135,000 for all five. A total station is an electronic/optical 
instrument used in modern surveying and accident reconstruction. 
Specifically, a total station is an electronic theodolite integrated 
with an electronic distance meter to read slope distances from the 
instrument to a particular point. According to New Hampshire, a total 
station is an important piece of forensic mapping equipment that is 
used as an on-scene reconstruction tool that assists in determining the 
cause of a crash and can support crash investigations in a timely, 
efficient manner, allowing for quicker highway clearance and traffic 
flow. The total station is designed to gather evidence of events, 
leading up to, during and following a crash.
    New Hampshire notes that there are three types of total stations: 
Basic, Reflectorless and Robotic. A basic total station consists of a 
control head, prism (reflector), data collector, and requires two 
people to operate. A reflectorless total station contains the same 
equipment, but, it can be used without the prism in a single person 
operation that still requires manual operation. The robotic total 
station contains some of the same equipment as the basic and 
reflectorless total stations, however, the control head is robotic and 
motorized allowing it to track the prism and focus automatically making 
the robotic total station easy to use by one individual without having 
to operate it manually.
    Based upon its experience, New Hampshire states that the Sokkia 
Robotic Total Station is the most efficient piece of equipment to 
complete investigations, clear highways, and continue the normal flow 
of traffic. New Hampshire adds that the robotic total station is twice 
as fast as the basic and reflectorless total stations.
    New Hampshire asserts that there are no total station models that 
are manufactured or assembled in the United States. In support of its 
waiver, New Hampshire states it conducted extensive due diligence and 
found there are no robotic total station models that are manufactured 
or assembled in the United States.
    On November 19, 2015, NHTSA published its decision to waive the 
requirements of Buy America for the North Carolina Highway Safety 
Office to purchase a Nikon Nivo 5M plus Reflectorless total station. 
See 80 FR 72480. In that notice, the agency noted that both North 
Carolina and NHTSA performed market analyses which revealed that all 
total station equipment are foreign made.\1\ Id. at 72481. On March 10, 
2016, NHTSA published its determination that it was appropriate to 
grant a waiver from the Buy America requirements to the Maine Bureau of 
Highway Safety in order to purchase a Leica reflectorless total 
station. 81 FR 12780-81 (March 10, 2016). The agency did not receive 
any comments in response to these two notices that would inform it that 
there are domestic manufacturers of total stations. At this time, the 
agency is unaware of any type of total station (Basic, Reflectorless 
and Robotic) produced domestically.
---------------------------------------------------------------------------

    \1\ In our November 19, 2015 notice, we noted that the combined 
market research of North Carolina and NHTSA found that the following 
manufacturers produced foreign made total stations: CT Berger 
(China); Leica (Switzerland); Nikon (Japan); Spectra Precision 
(Japan); Northwest Instruments (China); Topcon (Japan); Trimble 
(Sweden); Hi-Target Instrument Surveying Co. Ltd. (China); geo-
Fennel GmbH (Germany); Hilti (Liechtenstein); North Surveying 
(Spain); South Precision Instrument (China); Ruide Surveying 
Instrument Co. (China); Pentex (Japan/China); and Topcon (Japan, 
China and Thailand).
---------------------------------------------------------------------------

    NHTSA agrees that the total stations advance the purpose of section 
402 to improve law enforcement services in motor vehicle accident 
prevention and post-accident reconstruction and enforcement. A total 
station is an on-scene reconstruction tool that assists in the 
determination of the cause of the crash and can support crash 
investigations. It is an electronic/optical instrument that specializes 
in surveying with tools to provide precise measurements for diagraming 
crash scenes, including a laser range finder and a computer to assist 
law enforcement to determine post-accident reconstruction. The total 
station system is designed to gather evidence of the events leading up 
to, during and following a crash. These tools are used to gather 
evidence to determine such facts as minimum speed at the time of a 
crash, the critical speed of a roadway curve, the distance a vehicle 
may have traveled when out of control and other factors that involve a 
crash investigation. In some instances, the facts collected through the 
use of a total station are used to form a basis of a criminal charge or 
evidence in a criminal prosecution.
    Based upon NHTSA's recent market analysis, and lack of comment in 
response to our two prior notices on total stations, we are unaware of 
any total station equipment (Basic, Reflectorless and Robotic) that is 
manufactured domestically. Ibid. Since a total station is unavailable 
from a domestic manufacturer and the equipment would assist in post-
accident reconstruction and enforcement to advance the purpose of 23 
U.S.C. 402 and 405(d), a Buy America waiver is appropriate. NHTSA 
invites public comment on this conclusion.
    In light of the above discussion, and pursuant to 23 U.S.C. 
313(b)(2), NHTSA finds that it is appropriate to grant a waiver from 
the Buy America requirements to New Hampshire in order to purchase the 
robotic total station equipment. This waiver applies to New Hampshire 
to purchase five (5) Sokia SX Robotic total stations for the purposes 
mentioned herein, and all other states seeking to use sections 402 and 
405(d) funds for these types of total stations. This waiver is 
effective through fiscal year 2016 and expires at the conclusion of the 
fiscal year (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

[[Page 50056]]

America requirements is appropriate for the Sokia SX Robotic total 
station.
    Written comments on this finding may be submitted through any of 
the methods discussed above. NHTSA may reconsider this finding if, 
through comment, it learns additional relevant information regarding 
its decision to grant New Hampshire's waiver request.
    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 July 25, 2016 under authority 
delegated in 49 CFR part 1.95.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-17972 Filed 7-28-16; 8:45 am]
 BILLING CODE 4910-59-P