80 FR 21800 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

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

Page Range		21800-21801
FR Document		2015-08953

This notice provides NHTSA's finding that a non-availability waiver of the Buy America requirements is appropriate for the purchase of consumer-use motorcycle helmets by the Florida Department of Transportation (FDOT), using Federal grant funds. NHTSA has determined that a waiver is appropriate because there are no suitable motorcycle helmets produced in the United States that are designed for consumer- use.

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

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21800-21801]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-08953]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0019]

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 that a non-availability
waiver of the Buy America requirements is appropriate for the purchase
of consumer-use motorcycle helmets by the Florida Department of
Transportation (FDOT), using Federal grant funds. NHTSA has determined
that a waiver is appropriate because there are no suitable motorcycle
helmets produced in the United States that are designed for consumer-
use.

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 National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: This notice provides NHTSA's finding that a
waiver of the Buy America requirements, 23 U.S.C. 313, is appropriate
for the Florida Department of Transportation (FDOT) to purchase
approximately 239 consumer-use motorcycle helmets, using grant funds
authorized under 23 U.S.C. 402 (section 402) and 23 U.S.C. 403 (section
403).\1\ Section 402 funds are available for use by State Highway
Safety Programs that, among other things, aim to reduce injuries and
deaths resulting from motorcycle accidents. 23 U.S.C. 402(a). Section
403 funds are available for use by State Highway Safety Research and
Development Activities including research of motorcyclist
characteristics and safety. 23 U.S.C. 403. The Buy America provision
states 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;

[[Page 21801]]

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 a waiver is appropriate for
the purchase of the consumer-use motorcycle helmets because there is no
sufficient product produced domestically that meets the need identified
by FDOT.
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\1\ In October 2014, FDOT submitted a request to waive Buy
America for the purchase of motorcycle helmets using section 403
funds only. This notice responds to a January 2015 waiver request
that superseded the October 2014 request and seeks a waiver to use
both sections 402 and 403 funds.
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FDOT seeks a waiver to purchase motorcycle helmets for use by its
program called ``The Demonstration to Promote Motorcycle Helmet Use,''
and other motorcycle safety education and injury prevention programs.
FDOT requests to purchase a maximum of 150 helmets using Section 403
funds and 85 helmets using Section 402 funds at a per unit cost of $100
to $150. FDOT also plans to purchase 4 consumer-use helmets for law
enforcement officers using Section 402 funds at an estimated cost of
$300 each. Although the State of Florida does not require motorcyclists
to wear a helmet, Florida aims to increase helmet use through alternate
efforts, such as raffles for helmets and exchanges that allow
motorcyclists to receive DOT-compliant helmets for trading in non-DOT-
compliant helmets. FDOT seeks to use Federal grant funds to purchase
motorcycle helmets for use during these outreach activities at
motorcycle rallies and events. FDOT will use the motorcycle helmets to
encourage participation in its helmet safety education programs, focus
groups, and surveys at these events. FDOT states that its proposed
helmet drawings and exchange program will incentivize the use of
helmets within the segment of the motorcycle rider community that is
suspicious of the safety benefits of helmet use. FDOT also seeks to use
Federal grant funds to purchase 2 helmets for use by law enforcement
officers on the Florida State University Police Department motorsports
team to promote motorcycle safety and discourage illegal street racing
and 2 helmets for use by law enforcement officers to blend in with
other motorcyclists during law enforcement activities.
FDOT seeks to use these motorcycle helmets for its program because
they are designed specifically for consumers. FDOT believes that using
these motorcycle helmets as an incentive should encourage and increase
the use of helmets within the motorcycling community. Florida is unable
to identify, however, any motorcycle helmets that meet the Buy America
requirements. FDOT conducted phone calls and web searches but was
unable to find an American made motorcycle helmet.
NHTSA is aware of only one brand of consumer-use motorcycle helmet
that is produced in the United States: Super Seer Corporation (Seer), a
Colorado-based custom motorcycle helmet manufacturer. Seer primarily
produces helmets for law enforcement. It also makes one model (Seer
Touring Helmet) for public use. The Seer helmet is not offered to the
general public through retail outlets. These custom motorcycle helmets
are not mass produced, rather they are hand-made to order.\2\ Consumers
may purchase a custom helmet through Seer's Internet Web site. Although
these helmets are made in the United States, NHTSA believes they are
not produced in sufficient and reasonably available quantities for
FDOT's purposes. NHTSA is not aware of any other motorcycle helmets
produced in the United States. Though there are other American-based
companies in this business, they manufacture their motorcycle helmets
overseas. NHTSA assessed approximately forty motorcycle helmet brands
and manufacturers, including HJC, Bell, and MHR. NHTSA found that all
the companies produce their helmets overseas, in locations such as
China, Taiwan, and Italy. Since consumer-use motorcycle helmets are
unavailable from an American manufacturer in reasonably available
quantities, the Buy America waiver is appropriate. NHTSA invites public
comment on this conclusion.
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\2\ The custom-made Seer touring helmet is much more expensive
than other helmets that are sold in stores.
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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 FDOT in order to purchase approximately
239 consumer-use motorcycle helmets. This non-availability waiver
applies to Florida and all other States seeking to use section 402 and
section 403 funds to purchase motorcycle helmets for the purposes
mentioned herein. The waiver will continue through fiscal year 2015 and
will allow the purchase of off-the-shelf consumer motorcycle helmets
required for Florida's demonstration motorcycle helmet program and
other motorcycle safety and research programs. 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. Written comments on this
finding may be submitted through any of the methods discussed above.
NHTSA may reconsider these findings, if through comment, it learns of
and can confirm the existence of a comparable domestically made product
to the items granted a waiver.
These findings 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; Public Law 110-161.

Issued in Washington, DC, under authority delegated in 49 CFR
1.95.
Stephen P. Wood,
Acting Chief Counsel.
[FR Doc. 2015-08953 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 10:13:12
Document Modified: 2018-02-21 10:13:12

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 National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.
FR Citation		80 FR 21800

80 FR 21800 - 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