80 FR 26142 - Notice of Buy America Waiver
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 87 (May 6, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 87 (May 6, 2015)
| Page Range | 26142-26143 | |
| FR Document | 2015-10609 |
[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)] [Notices] [Pages 26142-26143] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10609] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0039] 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 from the Connecticut Department of Transportation's Highway Safety Office (HSO) to waive the requirements of Buy America. NHTSA finds that a non-availability waiver is appropriate for HSO to purchase twenty- three foreign-made training motorcycles using Federal grant funds because there are no suitable motorcycles produced in the United States for safety training purposes. DATES: The effective date of this waiver is May 18, 2015. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: May 21, 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, [[Page 26143]] 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 requirements, 23 U.S.C. 313, is appropriate for Connecticut's HSO to purchase twenty-three training motorcycles using grant funds authorized under 23 U.S.C. 405(f) (section 405) for training motorcycles. Section 405(f) funds are available for use by State Highway Safety Programs to implement effective programs to reduce the number of single and multi-vehicle crashes involving motorcyclists that, among other things, include supporting training of motorcyclists. 23 U.S.C. 405(f). 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 a non-availability waiver is appropriate for the twenty-three training motorcycles because there is no sufficient product produced domestically that meets the needs of Connecticut's HSO. NHTSA recently granted a waiver to the Hawaii Department of Transportation's Motor Vehicle Safety Office, Highway Safety Section to purchase training motorcycles because the cost of domestically produced motorcycles is 25 percent more than the cost of foreign-made motorcycles. Connecticut's HSO request also meets the cost waiver conditions because purchasing the least expensive American alternative, Harley-Davidson Street 500, would increase the cost of the project more than 25 percent. However, this request should be categorized as a non- availability waiver because American motorcycle manufacturers do not produce a motorcycle designed specifically with a smaller engine displacement (250 CC), which is consistent with motorcyclist training programs. As smaller engine displacement is common for training purposes and no American manufacturer produces motorcycles with this specification, then a non-availability waiver is appropriate in this situation. Connecticut's HSO seeks a waiver to purchase twenty-three Honda (CMX250) Rebel motorcycles at $4,055 per unit. The total purchase price for all twenty-three motorcycles is $93,265. Connecticut's training program is designed to expand motorcycle safety efforts. Connecticut asserts that this purchase will enhance its aging fleet of training motorcycles and accommodate the growing demand for training. HSO requires that its training bikes meet specific specifications. The engine displacement must be no less than one-hundred fifteen cubic centimeters and no more than two-hundred seventy-five cubic centimeters. Additionally, the motorcycles must have four stroke, electric start engines. HSO desires to use these motorcycles for its 2015 Motorcycle Safety Training Program because they are designed specifically with smaller engine displacement (250 CC), low brake horse power, and an upright seating position with typical hand and foot controls, which is consistent with motorcyclist training programs. Connecticut, however, is unable to identify any training motorcycles that meet Buy America requirements. HSO researched motorcycle models made by three American motorcycle manufacturers, Harley-Davidson, Inc., Victory Motorcycles, and Indian Motorcycle. Harley-Davidson produces a 500 CC motorcycle called the Street 500, with a MSRP of $6799. Victory Motorcycles and Indian Motorcycle produce a motorcycle with a much heavier and larger engine displacement than 500 CC, with the lowest MSRP of $12,499 for the Victory Vegas 8-ball motorcycle and the lowest MSRP of $10,999 for the Indian Scout. Connecticut's experience with motorcycles with a 500 CC engine displacement is that the bikes, in general, over power beginning riders and do not provide an appropriate upright position for these riders. HSO was unable to find a motorcycle that meets the requirements for training motorcycles that also meets the Buy America requirements. NHTSA is unaware of any other domestic motorcycle manufacturers other than Harley-Davidson, Victory, and Indian. As these manufacturers do not sell a motorcycle that meets standard requirements for motorcycle safety training purposes, 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)(3), NHTSA finds that it is appropriate to grant a waiver from the Buy America requirements to HSO in order to purchase twenty-three Honda (CMX250) Rebel motorcycles. This waiver applies to Connecticut and all other States seeking to use section 405 funds to purchase these motorcycles for the purposes mentioned herein. This waiver will continue through fiscal year 2015 and will allow the purchase of these items as required for Connecticut's HSO and its training 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 for certain Honda motorcycles. 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 item granted a waiver. 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 April 29, 2015, under authority delegated in 49 CFR 1.95. O. Kevin Vincent, Chief Counsel. [FR Doc. 2015-10609 Filed 5-5-15; 8:45 am] BILLING CODE 4910-59-P
![26142 Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Notices
opinion that he is capable of safely record for the last 3 years shows no Issued On: April 30, 2015.
operating a commercial motor vehicle.’’ crashes and no convictions for moving Larry W. Minor,
Mr. Stone reported that he has driven violations in a CMV. Associate Administrator for Policy.
straight trucks for 30 years, [FR Doc. 2015–10605 Filed 5–5–15; 8:45 am]
III. Public Participation and Request for
accumulating 150,000 miles, and BILLING CODE 4910–EX–P
Comments
tractor-trailer combinations for 25 years,
accumulating 125,000 miles. He holds a FMCSA encourages you to participate
Class A CDL from Oklahoma. His by submitting comments and related DEPARTMENT OF TRANSPORTATION
driving record for the last 3 years shows materials.
no crashes and no convictions for National Highway Traffic Safety
moving violations in a CMV. Submitting Comments Administration
Dale G. Stringer If you submit a comment, please [Docket No. NHTSA–2015–0039]
include the docket number for this
Mr. Stringer, 53, has had a macular notice, indicate the specific section of Notice of Buy America Waiver
and retinal scar in his left eye due to a this document to which each comment
traumatic incident in 1974. The visual applies, and provide a reason for each AGENCY: National Highway Traffic
acuity in his right eye is 20/20, and in suggestion or recommendation. You Safety Administration (NHTSA),
his left eye, 20/200. Following an Department of Transportation (DOT).
may submit your comments and
examination in 2014, his optometrist material online or by fax, mail, or hand ACTION: Notice of Buy America waiver.
stated, ‘‘In my opinion Mr. Stringer’s delivery, but please use only one of
vision does not affect him from safely SUMMARY: This notice provides
these means. FMCSA recommends that NHTSA’s finding with respect to a
operating a commercial vehicle.’’ Mr. you include your name and a mailing
Stringer reported that he has driven request from the Connecticut
address, an email address, or a phone Department of Transportation’s
straight trucks for 5 years, accumulating number in the body of your document
7,655 miles. He holds a Class AM CDL Highway Safety Office (HSO) to waive
so the Agency can contact you if it has the requirements of Buy America.
from Texas. His driving record for the questions regarding your submission.
last 3 years shows no crashes and no NHTSA finds that a non-availability
To submit your comment online, go to waiver is appropriate for HSO to
convictions for moving violations in a
http://www.regulations.gov and put the purchase twenty-three foreign-made
CMV.
docket number FMCSA–2015–0048 in training motorcycles using Federal grant
Carlyle D. Strong the ‘‘Keyword’’ box, and click ‘‘Search. funds because there are no suitable
Mr. Strong, 75, has had wet macular When the new screen appears, click on motorcycles produced in the United
degeneration resulting in a macular scar ‘‘Comment Now!’’ button and type your States for safety training purposes.
in his right eye since 2010. The visual comment into the text box in the DATES: The effective date of this waiver
acuity in his right eye is 20/150, and in following screen. Choose whether you is May 18, 2015. Written comments
his left eye, 20/30. Following an are submitting your comment as an regarding this notice may be submitted
examination in 2015, his optometrist individual or on behalf of a third party to NHTSA and must be received on or
stated, ‘‘With his 20/30 OU visual acuity and then submit. If you submit your before: May 21, 2015.
and normal horizontal field of vision it comments by mail or hand delivery, ADDRESSES: Written comments may be
is my opinion that Mr. Strong has submit them in an unbound format, no submitted using any one of the
sufficient visual abilities to operate a larger than 81⁄2 by 11 inches, suitable for following methods:
commercial vehicle safely.’’ Mr. Strong copying and electronic filing. If you • Mail: Docket Management Facility,
reported that he has driven straight submit comments by mail and would M–30, U.S. Department of
trucks for two years, accumulating 160 like to know that they reached the Transportation, West Building, Ground
miles, and tractor-trailer combinations facility, please enclose a stamped, self- Floor, Rm. W12–140, 1200 New Jersey
for 53 years, accumulating 6.5 million addressed postcard or envelope. Avenue SE., Washington, DC 20590.
miles. He holds a Class A CDL from FMCSA will consider all comments • Fax: Written comments may be
Nebraska. His driving record for the last and material received during the faxed to (202) 493–2251.
3 years shows no crashes and no comment period and may change this • Internet: To submit comments
convictions for moving violations in a notice based on your comments. electronically, go to the Federal
CMV. regulations Web site at http://
Viewing Comments and Documents www.regulations.gov. Follow the online
Michael J. Tauriac, Jr. To view comments, as well as instructions for submitting comments.
Mr. Tauriac, 39, has had a cataract, documents mentioned in this preamble • Hand Delivery: West Building
retinal detachment, and retinal scar in as being available in the docket, go to Ground Floor, Room W12–140, 1200
his left eye since 2010. The visual acuity http://www.regulations.gov and insert New Jersey Avenue SE., between 9 a.m.
in his right eye is 20/20, and in his left the docket number FMCSA–2015–0048 and 5 p.m. Eastern Time, Monday
eye, counting fingers. Following an in the ‘‘Keyword’’ box and click through Friday, except Federal holidays.
examination in 2014, his ‘‘Search.’’ Next, click ‘‘Open Docket Instructions: All comments submitted
ophthalmologist stated, ‘‘Based on the Folder’’ button and choose the in relation to this waiver must include
stability of Mr. Tauriac’s vision and document listed to review. If you do not the agency name and docket number.
adjustment to his level of vision over have access to the Internet, you may Please note that all comments received
will be posted without change to
tkelley on DSK3SPTVN1PROD with NOTICES
the past four years, he seems to have view the docket online by visiting the
sufficient vision to perform the driving Docket Management Facility in Room http://www.regulations.gov, including
required to operate a commercial W12–140 on the ground floor of the any personal information provided. You
vehicle.’’ Mr. Tauriac reported that he DOT West Building, 1200 New Jersey may also call the Docket at 202–366–
has driven straight trucks for 17 years, Avenue SE., Washington, DC 20590, 9324.
accumulating 102,000 miles. He holds a between 9 a.m. and 5 p.m., e.t., Monday FOR FURTHER INFORMATION CONTACT: For
Class A CDL from Louisiana. His driving through Friday, except Federal holidays. program issues, contact Barbara Sauers,
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![Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Notices 26143
Office of Regional Operations and categorized as a non-availability waiver motorcycle manufacturers other than
Program Delivery, NHTSA (phone: 202– because American motorcycle Harley-Davidson, Victory, and Indian.
366–0144). For legal issues, contact manufacturers do not produce a As these manufacturers do not sell a
Andrew DiMarsico, Office of Chief motorcycle designed specifically with a motorcycle that meets standard
Counsel, NHTSA (phone: 202–366– smaller engine displacement (250 CC), requirements for motorcycle safety
5263). You may send mail to these which is consistent with motorcyclist training purposes, a Buy America
officials at the National Highway Traffic training programs. As smaller engine waiver is appropriate. NHTSA invites
Safety Administration, 1200 New Jersey displacement is common for training public comment on this conclusion.
Avenue SE., Washington, DC 20590. purposes and no American In light of the above discussion, and
SUPPLEMENTARY INFORMATION: This manufacturer produces motorcycles pursuant to 23 U.S.C. 313(b)(3), NHTSA
notice provides NHTSA’s finding that a with this specification, then a non- finds that it is appropriate to grant a
waiver of the Buy America availability waiver is appropriate in this waiver from the Buy America
requirements, 23 U.S.C. 313, is situation. requirements to HSO in order to
appropriate for Connecticut’s HSO to Connecticut’s HSO seeks a waiver to purchase twenty-three Honda (CMX250)
purchase twenty-three training purchase twenty-three Honda (CMX250) Rebel motorcycles. This waiver applies
motorcycles using grant funds Rebel motorcycles at $4,055 per unit. to Connecticut and all other States
authorized under 23 U.S.C. 405(f) The total purchase price for all twenty- seeking to use section 405 funds to
(section 405) for training motorcycles. three motorcycles is $93,265. purchase these motorcycles for the
Section 405(f) funds are available for Connecticut’s training program is purposes mentioned herein. This waiver
use by State Highway Safety Programs designed to expand motorcycle safety will continue through fiscal year 2015
to implement effective programs to efforts. Connecticut asserts that this and will allow the purchase of these
reduce the number of single and multi- purchase will enhance its aging fleet of items as required for Connecticut’s HSO
vehicle crashes involving motorcyclists training motorcycles and accommodate and its training programs. Accordingly,
that, among other things, include the growing demand for training. HSO this waiver will expire at the conclusion
supporting training of motorcyclists. 23 requires that its training bikes meet of fiscal year 2015 (September 30, 2015).
U.S.C. 405(f). specific specifications. The engine In accordance with the provisions of
Buy America provides that NHTSA displacement must be no less than one- Section 117 of the Safe, Accountable,
‘‘shall not obligate any funds authorized hundred fifteen cubic centimeters and Flexible, Efficient Transportation Equity
to be appropriated to carry out the no more than two-hundred seventy-five Act: A Legacy of Users Technical
Surface Transportation Assistance Act cubic centimeters. Additionally, the Corrections Act of 2008 (Pub. L. 110–
of 1982 (96 Stat. 2097) or [Title 23] and motorcycles must have four stroke, 244, 122 Stat. 1572), NHTSA is
administered by the Department of electric start engines. HSO desires to use providing this notice as its finding that
Transportation, unless steel, iron, and these motorcycles for its 2015 a waiver of the Buy America
manufactured products used in such Motorcycle Safety Training Program requirements is appropriate for certain
project are produced in the United because they are designed specifically Honda motorcycles. Written comments
States.’’ 23 U.S.C. 313. However, with smaller engine displacement (250 on this finding may be submitted
NHTSA may waive those requirements CC), low brake horse power, and an through any of the methods discussed
if (1) their application would be upright seating position with typical above. NHTSA may reconsider these
inconsistent with the public interest; (2) hand and foot controls, which is findings, if through comment, it learns
such materials and products are not consistent with motorcyclist training of and can confirm the existence of a
produced in the United States in programs. Connecticut, however, is comparable domestically made product
sufficient and reasonably available unable to identify any training to the item granted a waiver.
quantities and of a satisfactory quality; motorcycles that meet Buy America This finding should not be construed
or (3) the inclusion of domestic material requirements. HSO researched as an endorsement or approval of any
will increase the cost of the overall motorcycle models made by three products by NHTSA or the U.S.
project contract by more than 25 American motorcycle manufacturers, Department of Transportation. The
percent. 23 U.S.C. 313(b). In this Harley-Davidson, Inc., Victory United States Government does not
instance, NHTSA has determined a non- Motorcycles, and Indian Motorcycle. endorse products or manufacturers.
availability waiver is appropriate for the Harley-Davidson produces a 500 CC Authority: 23 U.S.C. 313; Pub. L. 110–161.
twenty-three training motorcycles motorcycle called the Street 500, with a
Issued in Washington, DC, on April 29,
because there is no sufficient product MSRP of $6799. Victory Motorcycles 2015, under authority delegated in 49 CFR
produced domestically that meets the and Indian Motorcycle produce a 1.95.
needs of Connecticut’s HSO. motorcycle with a much heavier and O. Kevin Vincent,
NHTSA recently granted a waiver to larger engine displacement than 500 CC,
Chief Counsel.
the Hawaii Department of with the lowest MSRP of $12,499 for the
[FR Doc. 2015–10609 Filed 5–5–15; 8:45 am]
Transportation’s Motor Vehicle Safety Victory Vegas 8-ball motorcycle and the
lowest MSRP of $10,999 for the Indian BILLING CODE 4910–59–P
Office, Highway Safety Section to
purchase training motorcycles because Scout. Connecticut’s experience with
the cost of domestically produced motorcycles with a 500 CC engine
DEPARTMENT OF TRANSPORTATION
motorcycles is 25 percent more than the displacement is that the bikes, in
cost of foreign-made motorcycles. general, over power beginning riders Surface Transportation Board
tkelley on DSK3SPTVN1PROD with NOTICES
Connecticut’s HSO request also meets and do not provide an appropriate
the cost waiver conditions because upright position for these riders. HSO Notice and Request for Comments
purchasing the least expensive was unable to find a motorcycle that
American alternative, Harley-Davidson meets the requirements for training AGENCY: Surface Transportation Board,
Street 500, would increase the cost of motorcycles that also meets the Buy DOT.
the project more than 25 percent. America requirements. NHTSA is ACTION:30-day notice of request for
However, this request should be unaware of any other domestic approval of extension: Notifications of
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Document Created: 2015-12-16 07:41:38
Document Modified: 2015-12-16 07:41:38
| 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 May 18, 2015. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: May 21, 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 26142 |
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