80 FR 21799 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range		21799-21800
FR Document		2015-08955

This notice provides NHTSA's finding with respect to a request to waive the requirements of Buy America from the New York Governor's Traffic Safety Committee (GTSC). NHTSA finds that a non-availability waiver of the Buy America requirement is appropriate for the purchase of 205 Samsung Galaxy Note 10.1 Tablet packages using Federal highway traffic safety grant funds because there are no suitable products produced in the United States.

Federal Register, Volume 80 Issue 75 (Monday, April 20, 2015)

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21799-21800]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-08955]

[[Page 21799]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0020]

Notice of Buy America Waiver

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of Buy America waiver.

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SUMMARY: This notice provides NHTSA's finding with respect to a request
to waive the requirements of Buy America from the New York Governor's
Traffic Safety Committee (GTSC). NHTSA finds that a non-availability
waiver of the Buy America requirement is appropriate for the purchase
of 205 Samsung Galaxy Note 10.1 Tablet packages 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 April 30, 2015. Written
comments regarding this notice may be submitted to NHTSA and must be
received on or before: May 5, 2015.

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 York's GTSC to purchase Samsung Galaxy Note 10.1 (2014 Edition)
Tablet packages using grant funds authorized under 23 U.S.C. 405(d)
(section 405) and its predecessor, 23 U.S.C. 410(d) (section 410).\1\
Section 405(d) funds are available for use by State highway safety
programs to support effective programs to reduce driving under the
influence of alcohol, drugs, or the combination of alcohol and drugs,
including enforcement efforts. 23 U.S.C. 405(d). States may use Section
405(d) grant funds for drug recognition expert training for law
enforcement and equipment and related expenditures used in connection
with impaired driving enforcement. States may use Section 410 grant
funds for the procurement of technology and equipment, including video
equipment and passive alcohol sensors, to counter directly impaired
operation of motor vehicles.
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\1\ 23 U.S.C. 410 was repealed by the Moving Ahead for Progress
in the 21st Century (MAP-21) Act, Public Law 112-141 section
31109(d), 126 Stat. 756 (2012), and recodified at 23 U.S.C. 405(d).
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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). In this instance, NHTSA has determined that non-
availability waivers are appropriate for the tablet packages that New
York's GTSC seeks to purchase using Federal grant funds.
The GTSC seeks a waiver to purchase 205 Samsung Galaxy Note 10.1
Tablet packages, including a tablet, power cord, HD card, and case, at
$529 per unit to be used by New York's Drug Recognition Experts (DREs)
to conduct drug impaired driving evaluations in the field. New York
tested three tablets, including the Samsung Note, a Lenovo ThinkPad,
and an Asus, to determine which tablet was best suited to meet the
GTSC's needs. All of the tablets tested are manufactured outside the
United States: The Samsung tablet tested is made in Vietnam, and the
ThinkPad and Asus tablets are made in China. New York states that the
most important feature needed on the tablet is a stylus that is capable
of drawing clear graphics related to the various tests conducted during
the course of an evaluation. New York states that the stylus is
important because the DREs need a drawing capability to fill out the
multiple images on a Drug Influence Evaluation form. For example, DREs
may use a stylus to draw dots on a diagram of an arm to signify drug
track marks and to indicate on a diagram the exact location a suspect
touches on his or her face when asked to touch a finger to the nose or
other areas on the face. New York states that a stylus is necessary to
perform these tasks. Further, a stylus will enable a DRE to use these
tablet functions while wearing gloves in cold field conditions.
The Samsung Galaxy Note 10.1 was selected by GTSC because it has an
S Pen that, according to New York, allows for smooth writing and
drawing. The Samsung Note is also preferred because the Samsung S Pen
has a dedicated slot in the tablet and does not require additional
batteries, such that it is lighter than other actively digitized
styluses. The Samsung Note has an 8 megapixel camera with flash and can
take videos. It has a 2560 x 1600 pixel resolution that is able to
distinguish between a finger and a stylus and can display its screen
onto a television using an HDMI adapter. It has a quad core 1.3 GHz
processor and 3 GB of ram. It also has a 32 GB hard drive, which New
York states is needed to ensure that the DREs do not run out of space.
New York also states that the Samsung Note has a more than 9 hour
battery life when in use and can last up to 200 hours while idling.
Finally, the Samsung Note is an Android device that runs on the Android
KitKat 4.4.2 operating system, which is compatible with the application
that will be used by DREs to capture evaluation data in the field on
the tablets that the DREs will then upload to the DRE database.
New York's GTSC conducted phone calls, emails, and web searches,
but was unable to identify any domestically manufactured tablet
packages. NHTSA

[[Page 21800]]

conducted similar assessments \2\ and was unable to locate domestic
manufacturers of tablet packages with the specifications required by
New York's GTSC. Through this assessment, NHTSA learned that Union
Built PC, a Maryland-based hardware and software company, assembles
tablets in the United States.\3\ Union Built PC produces one tablet,
the UBW-Q410. The UBW-Q410 runs on an Android 4.1.1 operating system.
It has a 1.5 GHz Quad Core processor and 3 GB of ram. It has a max
resolution of 1280 x 800 pixels and a 5 megapixel camera. Unlike the
Samsung Note, the UBW-Q410 is not sold with a stylus. Customers may
purchase this tablet through Union Built PC's Web site. Although this
tablet is made in the United States, it appears insufficient to meet
the New York GTSC's purposes because it is not designed for use with a
stylus. Since NHTSA agrees that a tablet package that meets the
requirements identified by GTSC for use by its DREs is unavailable from
a domestic manufacturer, the Buy America waiver is appropriate. NHTSA
invites public comment on this conclusion.
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\2\ NHTSA conducted internet searches and reviewed several Web
sites that catalog domestic made products: www.usaonly.us;
www.americansworking.com; www.madeinamericaforever.com;
www.unionbuiltpc.com; www.madeinusa.org; and
www.computersmadeinusa.com.
\3\ Union Built PC's internet Web site states that final
assembly and/or configuration of its products occur in the United
States and that it uses foreign and domestic parts.
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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 GTSC in order to purchase 205 Samsung
Galaxy Note Tablets. This waiver applies to New York and all other
States seeking to use section 405(d) and eligible section 410 funds to
purchase Samsung Galaxy Note 10.1 Tablet packages for the purposes
mentioned herein. This waiver will continue through fiscal year 2015
and will allow the purchase of these items as required for New York's
GTSC. Accordingly, this waiver will expire at the conclusion of fiscal
year 2015 (September 30, 2015). 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 the Samsung Galaxy Note Tablet packages.
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 of additional relevant information regarding
its decision to grant the New York GTSC'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, under authority delegated in 49 CFR
1.95.
Stephen P. Wood,
Acting Chief Counsel.
[FR Doc. 2015-08955 Filed 4-17-15; 8:45 am]
BILLING CODE 4910-59-P

21800 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices

conducted similar assessments 2 and Written comments on this finding • Hand Delivery: West Building
was unable to locate domestic may be submitted through any of the Ground Floor, Room W12–140, 1200
manufacturers of tablet packages with methods discussed above. NHTSA may New Jersey Avenue SE., between 9 a.m.
the specifications required by New reconsider this finding if, through and 5 p.m. Eastern Time, Monday
York’s GTSC. Through this assessment, comment, it learns of additional through Friday, except Federal holidays.
NHTSA learned that Union Built PC, a relevant information regarding its Instructions: All comments submitted
Maryland-based hardware and software decision to grant the New York GTSC’s in relation to this waiver must include
company, assembles tablets in the waiver request. the agency name and docket number.
United States.3 Union Built PC produces This finding should not be construed Please note that all comments received
one tablet, the UBW–Q410. The UBW– as an endorsement or approval of any will be posted without change to
Q410 runs on an Android 4.1.1 products by NHTSA or the U.S. http://www.regulations.gov, including
operating system. It has a 1.5 GHz Quad Department of Transportation. The any personal information provided. You
Core processor and 3 GB of ram. It has United States Government does not may also call the Docket at 202–366–
a max resolution of 1280 x 800 pixels endorse products or manufacturers. 9324.
and a 5 megapixel camera. Unlike the Authority: 23 U.S.C. 313; Pub. L. 110–161. FOR FURTHER INFORMATION CONTACT: For
Samsung Note, the UBW–Q410 is not program issues, contact Barbara Sauers,
Issued in Washington, DC, under authority
sold with a stylus. Customers may delegated in 49 CFR 1.95. Office of Regional Operations and
purchase this tablet through Union Built Program Delivery, NHTSA (phone: 202–
Stephen P. Wood,
PC’s Web site. Although this tablet is 366–0144). For legal issues, contact
made in the United States, it appears Acting Chief Counsel.
Andrew DiMarsico, Office of Chief
insufficient to meet the New York [FR Doc. 2015–08955 Filed 4–17–15; 8:45 am]
Counsel, NHTSA (phone: 202–366–
GTSC’s purposes because it is not BILLING CODE 4910–59–P 5263). You may send mail to these
designed for use with a stylus. Since officials at National Highway Traffic
NHTSA agrees that a tablet package that Safety Administration, 1200 New Jersey
meets the requirements identified by DEPARTMENT OF TRANSPORTATION
Avenue SE., Washington, DC 20590.
GTSC for use by its DREs is unavailable SUPPLEMENTARY INFORMATION: This
National Highway Traffic Safety
from a domestic manufacturer, the Buy notice provides NHTSA’s finding that a
Administration
America waiver is appropriate. NHTSA waiver of the Buy America
invites public comment on this [Docket No. NHTSA–2015–0019] requirements, 23 U.S.C. 313, is
conclusion. appropriate for the Florida Department
In light of the above discussion, and Notice of Buy America Waiver
of Transportation (FDOT) to purchase
pursuant to 23 U.S.C. 313(b)(2), NHTSA AGENCY: National Highway Traffic approximately 239 consumer-use
finds that it is appropriate to grant a Safety Administration (NHTSA), motorcycle helmets, using grant funds
waiver from the Buy America Department of Transportation (DOT). authorized under 23 U.S.C. 402 (section
requirements to GTSC in order to ACTION: Notice of Buy America waiver. 402) and 23 U.S.C. 403 (section 403).1
purchase 205 Samsung Galaxy Note Section 402 funds are available for use
Tablets. This waiver applies to New SUMMARY: This notice provides by State Highway Safety Programs that,
York and all other States seeking to use NHTSA’s finding that a non-availability among other things, aim to reduce
section 405(d) and eligible section 410 waiver of the Buy America requirements injuries and deaths resulting from
funds to purchase Samsung Galaxy Note is appropriate for the purchase of motorcycle accidents. 23 U.S.C. 402(a).
10.1 Tablet packages for the purposes consumer-use motorcycle helmets by Section 403 funds are available for use
mentioned herein. This waiver will the Florida Department of by State Highway Safety Research and
continue through fiscal year 2015 and Transportation (FDOT), using Federal Development Activities including
will allow the purchase of these items grant funds. NHTSA has determined research of motorcyclist characteristics
as required for New York’s GTSC. that a waiver is appropriate because and safety. 23 U.S.C. 403. The Buy
Accordingly, this waiver will expire at there are no suitable motorcycle helmets America provision states that NHTSA
the conclusion of fiscal year 2015 produced in the United States that are ‘‘shall not obligate any funds authorized
(September 30, 2015). In accordance designed for consumer-use. to be appropriated to carry out the
with the provisions of Section 117 of the DATES: The effective date of this waiver Surface Transportation Assistance Act
Safe, Accountable, Flexible, Efficient is April 30, 2015. Written comments of 1982 (96 Stat. 2097) or [Title 23] and
Transportation Equity Act: A Legacy of regarding this notice may be submitted administered by the Department of
Users Technical Corrections Act of 2008 to NHTSA and must be received on or Transportation, unless steel, iron, and
(Pub. L. 110–244, 122 Stat. 1572), before: May 5, 2015. manufactured products used in such
NHTSA is providing this notice as its ADDRESSES: Written comments may be project are produced in the United
finding that a waiver of the Buy submitted using any one of the States.’’ 23 U.S.C. 313. However,
America requirements is appropriate for following methods: NHTSA may waive those requirements
the Samsung Galaxy Note Tablet • Mail: Docket Management Facility, if (1) their application would be
packages. M–30, U.S. Department of inconsistent with the public interest; (2)
Transportation, West Building, Ground such materials and products are not
2 NHTSA conducted internet searches and
Floor, Rm. W12–140, 1200 New Jersey produced in the United States in
reviewed several Web sites that catalog domestic
mstockstill on DSK4VPTVN1PROD with NOTICES

made products: www.usaonly.us;
Avenue SE., Washington, DC 20590. sufficient and reasonably available
www.americansworking.com; • Fax: Written comments may be quantities and of a satisfactory quality;
www.madeinamericaforever.com; faxed to (202) 493–2251.
www.unionbuiltpc.com; www.madeinusa.org; and • Internet: To submit comments 1 In October 2014, FDOT submitted a request to
www.computersmadeinusa.com. electronically, go to the Federal waive Buy America for the purchase of motorcycle
3 Union Built PC’s internet Web site states that helmets using section 403 funds only. This notice
final assembly and/or configuration of its products
regulations Web site at http:// responds to a January 2015 waiver request that
occur in the United States and that it uses foreign www.regulations.gov. Follow the online superseded the October 2014 request and seeks a
and domestic parts. instructions for submitting comments. waiver to use both sections 402 and 403 funds.

VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.SGM 20APN1

Document Created: 2018-02-21 10:12:57
Document Modified: 2018-02-21 10:12:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Buy America waiver.
Dates		The effective date of this waiver is April 30, 2015. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: May 5, 2015.
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.
FR Citation		80 FR 21799

80 FR 21799 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 80, Issue 75 (April 20, 2015)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration