Notice of Proposed Buy America Waiver for Radio Consoles, 75902-75903 [2016-26317]

Download as PDF 75902 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices DEPARTMENT OF TRANSPORTATION Federal Transit Administration Notice of Meeting of the Transit Advisory Committee for Safety (TRACS) AGENCY: Federal Transit Administration, DOT. ACTION: Notice of meeting. This notice announces a public meeting of the Transit Advisory Committee for Safety (TRACS). TRACS is a Federal Advisory Committee established to provide information, advice, and recommendations to the Secretary of the U.S. Department of Transportation and the Federal Transit Administrator on matters relating to the safety of public transportation systems. DATES: The TRACS meeting will be held on November 29, 2016, from 9 a.m. to 5 p.m., and November 30, 2016, from 9 a.m. to 1 p.m. Contact Adrianne Malasky (see contact information below) by November 15, 2016, if you wish to be added to the visitors list to gain access to the meeting. ADDRESSES: The meeting will be held at the National Association of Home Builders, 1201 15th Street NW., Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Adrianne Malasky, Office of Transit Safety and Oversight, Federal Transit Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001 (telephone: 202–366–5496; or email: TRACS@dot.gov). SUPPLEMENTARY INFORMATION: This notice is provided in accordance with the Federal Advisory Committee Act (Pub. L. 92–463, 5 U.S.C. App. 2). TRACS is composed of 29 members representing the broad base of expertise necessary to discharge its responsibilities. The tentative agenda for the November 29–30 meeting of TRACS is set forth below: asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: Agenda (1) Introductory Remarks (2) Facility Use/Safety Briefing (3) Updates from the FTA Office of Transit Safety and Oversight and the Office of Research, Demonstration and Innovation (4) Work Group Presentations and Deliberations on Recommendations to FTA (5) Public Comments (6) Summary of Deliverables/ Concluding Remarks Members of the public wishing to attend and/or make an oral statement and participants seeking special accommodations at the meeting must VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 contact Adrianne Malasky by November 15, 2016. Members of the public may submit written comments or suggestions concerning the activities of TRACS at any time before or after the meeting at TRACS@dot.gov, or to the U.S. Department of Transportation, Federal Transit Administration, Office of Transit Safety and Oversight, Room E54–425, 1200 New Jersey Avenue SE., Washington, DC 20590. Attention: Adrianne Malasky. Information from the meeting will be posted on FTA’s public Web site at https://www.transit.dot.gov/, on the TRACS Meeting Minutes page. Written comments submitted to TRACS will also be posted at the above web address. Carolyn Flowers, Acting Administrator. [FR Doc. 2016–26269 Filed 10–31–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2016–0038] Notice of Proposed Buy America Waiver for Radio Consoles AGENCY: Federal Transit Administration, DOT. Notice of proposed Buy America waiver and request for comment. ACTION: The Federal Transit Administration (FTA) received a request from the Greater Dayton Regional Transit Authority (GDRTA) for a Buy America non-availability waiver for the procurement of radio consoles, which are a part of a voice and cellular data communications system (the ‘‘radio consoles’’). GDRTA’s current voice and data communications equipment is obsolete and malfunctioning. The new communication system will result in improved operational efficiency. GDRTA seeks a waiver for the procurement of radio consoles because there are no manufacturers that produce radio consoles that are compatible with GDRTA’s communications system and comply with the Buy America requirements. 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c). GDRTA is joining Montgomery County’s radio system, and the radio consoles compatible with the new system must be original equipment manufacturer (OEM) Motorola devices. Motorola cannot provide Buy Americacompliant radio consoles. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the non-availability waiver request and seeks public SUMMARY: PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 comment before deciding whether to grant the request. If granted, the waiver would apply to the radio consoles identified in the waiver request. DATES: Comments must be received by November 15, 2016. Late-filed comments will be considered to the extent practicable. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FTA–2016–0038: 1. Web site: http:// www.regulations.gov. Follow the instructions for submitting comments on the U.S. Government electronic docket site. 2. Fax: (202) 493–2251. 3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M–30, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. 4. Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M–30, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must make reference to the ‘‘Federal Transit Administration’’ and include docket number FTA–2016–0038. Due to the security procedures in effect since October 2011, mail received through the U.S. Postal Service may be subject to delays. Parties making submissions responsive to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to http:// www.regulations.gov. For more information, you may review DOT’s complete Privacy Act Statement in the Federal Register published April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Cecelia Comito, FTA Assistant Chief Counsel, at (202) 366–2217 or Cecelia.comito@dot.gov. SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide notice and seek public comment on whether the FTA should grant a Buy America non-availability waiver for the Greater Dayton Regional Transportation Authority (GDRTA) to procure radio consoles, which would be a part of GDRTA’s new communication system (the ‘‘radio consoles’’). On May 24, 2016, GPMTD requested a Buy America waiver for the radio consoles because E:\FR\FM\01NON1.SGM 01NON1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices they are not produced in the United States in sufficiently and reasonably available quantities or of a satisfactory quality. 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). GDRTA is a public transit agency that serves Montgomery and Western Green counties in Ohio. GDRTA provides more than 9 million passenger trips per year on 31 routes throughout the region. In January 2014, GDRTA conducted a technology scope development project to determine how technology enhancements could improve its operational efficiency; this included a voice and data communication alternatives analysis. GDRTA comprehensively examined various technologies available for its voice and data communication needs. GDRTA compared and evaluated the differences between radio and cellular-based communication, including a cost analysis, reliability assessment, and long-range maintenance and operational differences. On August 5, 2014, the GDRTA Board approved the adoption of a mixed communication system for the agency, which would employ both voice and cellular data systems. GDRTA would join Montgomery County’s 800MHz analog trunked system, instead of continuing to own a 450 MHz radio system. Montgomery County’s analog system uses proprietary Motorola SmartNetTrunking, and all equipment must be original equipment manufacturer (OEM) Motorola devices. All equipment must also be programmed to use the County’s 800MHz analog system and have the ability to work on the MARCS 800 MHz digital system without any additional hardware. In November 2014, GDRTA purchased Motorola mobile and portable radios for its supervisors and its diesel, trolly, paratransit, maintenance, and support vehicles. The procurement and installation of the radio consoles is the final step to move GDRTA’s communication system to Montgomery County’s system. Motorola manufactures equipment both domestically and overseas. While the voice processing module portion of the radio consoles are currently manufactured in Illinois, the other components are manufactured in Mexico. Thus, GDRTA is seeking a Buy America non-availability waiver under 49 CFR 661.7(c)(1) for the radio consoles. 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 VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 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 waiver (non-availability waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). Finally, under 49 U.S.C. 5323(j)(6), FTA cannot deny an application for a waiver based on non-availability unless FTA can certify that (i) the steel, iron, or manufactured good (the ‘‘item’’) is produced in the United States in a sufficient and reasonably available amount; and (ii) the item produced in the United States is of a satisfactory quality. Additionally, FTA must provide a list of known manufacturers in the United States from which the item can be obtained. FTA is not aware of any manufacturers who produce the required radio consoles in the United States. The purpose of this notice is to publish GDRTA’s request and seek public comment from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely the facts surrounding the request, including the effects of a potential waiver and the merits of the request. After consideration of the comments, FTA will publish a second notice in the Federal Register with a response to comments and noting any changes made to the proposed waiver as a result of the comments received. Ellen Partridge, Chief Counsel. [FR Doc. 2016–26317 Filed 10–31–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2016–0037] Notice of Proposed Buy America Waiver for Ultrastraight Rail AGENCY: Federal Transit Administration, DOT. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 75903 Notice of proposed Buy America waiver and request for comment. ACTION: The Federal Transit Administration (FTA) received a request from the Central Puget Sound Transit Authority (Sound Transit) for a Buy America non-availability waiver for the procurement of ultrastraight rail. Sound Transit seeks to procure ultrastraight rail for a portion of its Northgate Link light rail extension to avoid exceedance of contractually-mandated vibration thresholds. Sound Transit seeks a waiver because there is no domestic manufacturer available to produce rail that has passed the applicable vibration testing standards. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would apply to a one-time FTA-funded procurement by Sound Transit. SUMMARY: Comments must be received by November 8, 2016. Late-filed comments will be considered to the extent practicable. DATES: Please submit your comments by one of the following means, identifying your submissions by docket number FTA–2016–0037. 1. Web site: http:// www.regulations.gov. Follow the instructions for submitting comments on the U.S. Government electronic docket site. 2. Fax: (202) 493–2251. 3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M–30, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. 4. Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M–30, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must make reference to the ‘‘Federal Transit Administration’’ and include docket number FTA–2016–0037. Due to the security procedures in effect since October 2011, mail received through the U.S. Postal Service may be subject to delays. Parties making submissions responsive to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to http:// www.regulations.gov. For more ADDRESSES: E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75902-75903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26317]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0038]


Notice of Proposed Buy America Waiver for Radio Consoles

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of proposed Buy America waiver and request for comment.

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

SUMMARY: The Federal Transit Administration (FTA) received a request 
from the Greater Dayton Regional Transit Authority (GDRTA) for a Buy 
America non-availability waiver for the procurement of radio consoles, 
which are a part of a voice and cellular data communications system 
(the ``radio consoles''). GDRTA's current voice and data communications 
equipment is obsolete and malfunctioning. The new communication system 
will result in improved operational efficiency. GDRTA seeks a waiver 
for the procurement of radio consoles because there are no 
manufacturers that produce radio consoles that are compatible with 
GDRTA's communications system and comply with the Buy America 
requirements. 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c). GDRTA is 
joining Montgomery County's radio system, and the radio consoles 
compatible with the new system must be original equipment manufacturer 
(OEM) Motorola devices. Motorola cannot provide Buy America-compliant 
radio consoles. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is 
providing notice of the non-availability waiver request and seeks 
public comment before deciding whether to grant the request. If 
granted, the waiver would apply to the radio consoles identified in the 
waiver request.

DATES: Comments must be received by November 15, 2016. Late-filed 
comments will be considered to the extent practicable.

ADDRESSES: Please submit your comments by one of the following means, 
identifying your submissions by docket number FTA-2016-0038:
    1. Web site: http://www.regulations.gov. Follow the instructions 
for submitting comments on the U.S. Government electronic docket site.
    2. Fax: (202) 493-2251.
    3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
    4. Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must make reference to the ``Federal 
Transit Administration'' and include docket number FTA-2016-0038. Due 
to the security procedures in effect since October 2011, mail received 
through the U.S. Postal Service may be subject to delays. Parties 
making submissions responsive to this notice should consider using an 
express mail firm to ensure the prompt filing of any submissions not 
filed electronically or by hand. Note that all submissions received, 
including any personal information therein, will be posted without 
change or alteration to http://www.regulations.gov. For more 
information, you may review DOT's complete Privacy Act Statement in the 
Federal Register published April 11, 2000 (65 FR 19477), or you may 
visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Cecelia Comito, FTA Assistant Chief 
Counsel, at (202) 366-2217 or Cecelia.comito@dot.gov.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide 
notice and seek public comment on whether the FTA should grant a Buy 
America non-availability waiver for the Greater Dayton Regional 
Transportation Authority (GDRTA) to procure radio consoles, which would 
be a part of GDRTA's new communication system (the ``radio consoles''). 
On May 24, 2016, GPMTD requested a Buy America waiver for the radio 
consoles because

[[Page 75903]]

they are not produced in the United States in sufficiently and 
reasonably available quantities or of a satisfactory quality. 49 U.S.C. 
5323(j)(2)(B); 49 CFR 661.7(c).
    GDRTA is a public transit agency that serves Montgomery and Western 
Green counties in Ohio. GDRTA provides more than 9 million passenger 
trips per year on 31 routes throughout the region. In January 2014, 
GDRTA conducted a technology scope development project to determine how 
technology enhancements could improve its operational efficiency; this 
included a voice and data communication alternatives analysis. GDRTA 
comprehensively examined various technologies available for its voice 
and data communication needs. GDRTA compared and evaluated the 
differences between radio and cellular-based communication, including a 
cost analysis, reliability assessment, and long-range maintenance and 
operational differences. On August 5, 2014, the GDRTA Board approved 
the adoption of a mixed communication system for the agency, which 
would employ both voice and cellular data systems. GDRTA would join 
Montgomery County's 800MHz analog trunked system, instead of continuing 
to own a 450 MHz radio system.
    Montgomery County's analog system uses proprietary Motorola 
SmartNetTrunking, and all equipment must be original equipment 
manufacturer (OEM) Motorola devices. All equipment must also be 
programmed to use the County's 800MHz analog system and have the 
ability to work on the MARCS 800 MHz digital system without any 
additional hardware. In November 2014, GDRTA purchased Motorola mobile 
and portable radios for its supervisors and its diesel, trolly, 
paratransit, maintenance, and support vehicles. The procurement and 
installation of the radio consoles is the final step to move GDRTA's 
communication system to Montgomery County's system.
    Motorola manufactures equipment both domestically and overseas. 
While the voice processing module portion of the radio consoles are 
currently manufactured in Illinois, the other components are 
manufactured in Mexico. Thus, GDRTA is seeking a Buy America non-
availability waiver under 49 CFR 661.7(c)(1) for the radio consoles.
    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 waiver (non-availability 
waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c).
    Finally, under 49 U.S.C. 5323(j)(6), FTA cannot deny an application 
for a waiver based on non-availability unless FTA can certify that (i) 
the steel, iron, or manufactured good (the ``item'') is produced in the 
United States in a sufficient and reasonably available amount; and (ii) 
the item produced in the United States is of a satisfactory quality. 
Additionally, FTA must provide a list of known manufacturers in the 
United States from which the item can be obtained. FTA is not aware of 
any manufacturers who produce the required radio consoles in the United 
States.
    The purpose of this notice is to publish GDRTA's request and seek 
public comment from all interested parties in accordance with 49 U.S.C. 
5323(j)(3)(A). Comments will help FTA understand completely the facts 
surrounding the request, including the effects of a potential waiver 
and the merits of the request. After consideration of the comments, FTA 
will publish a second notice in the Federal Register with a response to 
comments and noting any changes made to the proposed waiver as a result 
of the comments received.

Ellen Partridge,
Chief Counsel.
[FR Doc. 2016-26317 Filed 10-31-16; 8:45 am]
 BILLING CODE P