80 FR 37359 - Notice of Buy America Waiver
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 125 (June 30, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 125 (June 30, 2015)
| Page Range | 37359-37362 | |
| FR Document | 2015-16099 |
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)] [Notices] [Pages 37359-37362] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16099] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0065] Notice of Buy America Waiver AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of Buy America waiver; request for comment. ----------------------------------------------------------------------- SUMMARY: This notice provides NHTSA's finding that a public interest waiver of the Buy America requirements is appropriate for any manufactured product whose purchase price is $5,000 or less, excluding a motor vehicle, when such product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code; and requests public comment. DATES: The effective date of this waiver is July 30, 2015. Written comments regarding this notice may be submitted to NHTSA and must be received on or before July 30, 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 concerning this notice 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: Andrew DiMarsico, Office of Chief Counsel, NHTSA (phone: 202-366-1834). You may send mail to Mr. DiMarsico at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: [[Page 37360]] Background The statutory requirement (``Buy America'') states that the Secretary ``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 of the United States Code] 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(a). The Secretary of Transportation has delegated the authority to administer Buy America for NHTSA programs to the Administrator of NHTSA. 49 CFR 1.95; 49 CFR 501. Buy America provides that 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). Buy America establishes a preference for domestically produced goods for use in Federally sponsored projects. The first Buy America legislation conditioning the expenditure of Federal funds by NHTSA grant recipients was enacted in 1978 as part of the Surface Transportation Assistance Act of 1978. Pub. L. 95-599, 92 Stat. 2689. The focus of that Buy America provision was on large procurements, such as bridge replacement projects, and not on smaller, routine purchases.\1\ The House of Representatives considered excluding up to $5 million in project costs from the requirements of Buy America, but ultimately did not pursue a threshold.\2\ The Senate bill sought to limit Buy America requirements to projects whose costs exceeded $1 million to avoid imposing excessive requirements on small, routine projects. See H.R. Conf. Rep. 95-1797 (1978), 1978 U.S.C.C.A.N. 6693, 6754. Ultimately, the Senate's proposed threshold was reduced in conference to $500,000, and the provision became law, establishing a preference for ``articles, materials, supplies mined, produced or manufactured'' in the United States and costing more than $500,000. --------------------------------------------------------------------------- \1\ H.R. Rep. No. 95-1485, 1978 U.S.C.C.A.N. 6575, 6644 (August 11, 1978). \2\ Id. --------------------------------------------------------------------------- In 1983, Congress repealed that Buy America provision and substituted section 165 of the Surface Transportation Assistance Act of 1982. Pub. L. 97-424, 96 Stat. 2067.\3\ The 1982 enactment specified that the Buy America prohibition applied to ``steel, cement and manufactured products'' and eliminated the $500,000 threshold.\4\ Although the threshold was eliminated, Congress acknowledged circumstances where the prohibition would be difficult to apply and introduced exceptions under a waiver process that remains in place today. Pub. L. 97-424, 96 Stat. 2067. One of these exceptions is the public interest waiver. Id. --------------------------------------------------------------------------- \3\ Section 165 was originally included as a note to section 23 U.S.C. 101 and codified in 2005 to current its section, 23 U.S.C. 131. See Pub. L. 109-509, 119 Stat. 1464. \4\ Congress amended section 165 of the STAA of 1982 by removing ``cement'' in 1984, Pub. L. 98-229. 98 Stat. 55, and by adding ``Iron'' in 1991, Pub. L. 102-240, 105 Stat. 1914. --------------------------------------------------------------------------- Agencies are permitted to waive the Buy America requirement when they determine that ``it is inconsistent with the public interest.'' 23 U.S.C. 313(b)(1). In consideration of this authority and consistent with the purposes of NHTSA's grant programs to reduce accidents and resulting fatalities and injuries, the agency has determined that it is appropriate to issue a public interest waiver for small, routine purchases by States under the highway safety grant programs. In making this decision and arriving at a reasonable threshold for waiver, NHTSA remains mindful of the overarching purposes of Buy America, while evaluating all relevant facts, including administrative burden, delay and impact on the congressionally authorized State grant programs. NHTSA Highway Safety Grant Programs NHTSA's mission is to reduce deaths, injuries and economic losses resulting from motor vehicle crashes. This is accomplished by setting and enforcing safety performance standards for motor vehicles and motor vehicle equipment, and through grants to States to enable them to conduct effective State and local highway safety programs. NHTSA's State highway safety programs are codified in Chapter 4 of Title 23, United States Code. Chief among these programs is section 402, which provides formula grants to States to administer a comprehensive highway safety program designed to reduce traffic accidents and resulting deaths, injuries and property damage. 23 U.S.C. 402. Section 402 authorizes State programs related to speeding, occupant protection, impaired driving, accident prevention, school bus safety, unsafe driving behavior (aggressive, fatigued and distracted driving), traffic safety law enforcement, driver education, pedestrian and bicycle safety, and traffic administration (record systems, accident investigation and emergency services). In addition to the core section 402 grants, NHTSA also administers other grants to the States, which Congress from time to time authorizes to address specific highway safety needs. Most recently, under the ``Moving Ahead for Progress in the 21st Century Act'' (Pub. L. 112-141), Congress authorized the ``National Priority Safety Programs,'' providing additional grants to States in the areas of occupant protection, State traffic safety information system improvements, distracted driving, motorcyclist safety, and State graduated driver licensing laws. See 23 U.S.C. 405. In general, States may expend Federal section 402 or 405 funds for any item or service that is necessary and reasonable for proper and efficient performance and administration of their highway safety programs and activities, subject to the statutory requirements and implementing regulations. See 23 CFR 1200 et seq. Because of the broad reach of these Federally sponsored highway safety programs, States may expend grant funds on thousands of different items and activities. In the area of equipment, allowable purchases range from low cost items such as office supplies (DVDs, printers and ink cartridges), computers, cameras, child restraints, motorcycle helmets, and radar speed detection devices to higher cost items such as police cruisers. In recent years, NHTSA has seen an increase in waiver requests for purchases of these smaller commercial items, based on non-availability in the United States or availability only at a high price differential. Many of these items cost $5,000 or less. See, e.g., 80 FR 9851 (Feb. 24, 2015) (printers); 79 FR 74811 (Dec. 16, 2014) (child restraints); 79 FR 74812 (Dec. 16, 2014) (training motorcycles); and 79 FR 55529 (Sept. 16, 2014) (DVDs and motorcycle safety vests). Non-Availability and High Cost Differential Waivers Under Buy America State grantees incur significant burdens when required to submit waivers for small, routine purchases of items that are increasingly not manufactured in the United States. As part of a waiver request, a State must demonstrate through a market analysis that the item for which it seeks a waiver is not available in the United States or will cost 25 percent more than a comparable non-domestic item. For each waiver request, the agency must, in the exercise of due diligence, perform [[Page 37361]] an additional independent review and market analysis to confirm that the item meets either the non-availability exemption or the high cost differential exemption of Buy America. See 23 U.S.C. 313(b)(2), (b)(3). This process substantially delays State grantees in obtaining the items needed to administer and implement important highway safety programs. It also consumes limited agency resources to administer the highway safety grants. Moreover, the staff time needed by a State to prepare individual waivers for many small purchases comes at the expense of time devoted to implementing these life-saving programs. This is especially concerning in an era of tight State budgets, where State highway safety offices administering these grants face increasingly serious staffing constraints. It is important to consider these constraints and burdens in the historical context of Buy America. During the many years Buy America has been in place, a significant statutory focus has been on purchases of materials used in construction and large-scale fabrication. Its application to the grants of transportation agencies such as the Federal Highway Administration (for road and bridge building materials) and the Federal Transit Administration (for acquisition of rolling stock and manufactured end products) is plain, because those materials are of central importance to those grants. However, by statute, NHTSA grant funds may not be used for construction. 23 U.S.C. 402(g)(1)(A). As a result, while steel and iron purchases are not implicated in NHTSA's grant programs, Buy America's reach to include the small amount of manufactured products used in NHTSA's programs does not have any effect on the manufacturer of those items. Under NHTSA's State grant programs, purchases of small manufactured products that are largely ancillary rather than central to the purposes of the highway safety grants (e.g., laptops, printers, ink cartridges, DVDs, and other office products) are captured by the restriction. Whereas the core expenses under NHTSA's State grant programs are for reimbursing performance (estimated at more than 90 percent), such as police enforcement of State traffic safety laws, safety education, and the like, Buy America has the effect of restricting or delaying the States' ability to acquire ancillary support items necessary to successfully deploy these important highway safety programs. The result is that critical safety program delivery to the States, and from the States to their localities, suffers. Public Interest Waiver Based upon the foregoing discussion, NHTSA believes that a public interest waiver is appropriate to address these delays and burdens and thereby promote the success of State highway safety programs. NHTSA concludes that it is in the public interest to waive the Buy America requirements for a manufactured product whose purchase price is $5,000 or less, with one exception--the purchase of a motor vehicle, as defined in 49 U.S.C. 30102.\5\ We do not believe that the purchase of motor vehicles can be reasonably viewed as ancillary in the context of these highway safety programs, and therefore decline to extend this public interest waiver to such purchases. The agency has selected this per-item threshold based on our determination that it is the level necessary to alleviate the burdens associated with purchases of low- priced commercially available items that are required for the successful implementation of the highway safety projects required under NHTSA grants. In selecting this conservative threshold, we sought to balance the goals of Buy America with the life-saving goals of the State highway safety grant programs. --------------------------------------------------------------------------- \5\ Under that statutory provision, motor vehicle means ``a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.'' We recognize that the cost of most motor vehicles would fall above the threshold in today's notice. However, this exception from the waiver is included because the cost of some motor vehicles (for example, certain motorcycles), may fall below the threshold. --------------------------------------------------------------------------- A threshold of $5,000 for this waiver is in step with government- wide requirements and procedures applicable to grantee purchases of equipment, where the Federal interest starts at the $5,000 level. Under the Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal Awards, equipment is defined as an item having a per unit cost of $5,000 or more. 2 CFR 200.33. At levels of $5,000 and above, grantees are required to obtain prior approval and account for equipment purchases. See 2 CFR 200.313; 2 CFR 200.439. In contrast, at levels below $5,000, Federal procedures governing purchase, administration, and disposition of items needed for performance of the grant do not apply. This treatment has also been codified in the NHTSA regulation implementing these programs, the Uniform Procedures for State Highway Safety Grant Programs. See 23 CFR 1200.31. Moreover, NHTSA's chosen threshold is very conservative when compared to small purchase waivers or exclusions under Buy America within the jurisdiction of other operating modes of the U.S. Department of Transportation. For example, the Federal Transit Administration issued a general public interest waiver for small purchases, as defined in DOT's grants management common rule at 49 CFR 18.36(d).\6\ 60 FR 37930 et. seq. (July 24, 1995); 49 CFR 661.7, Appendix A(c). Also, Congress codified the public interest need for a small purchase waiver in the Buy America requirement applicable to the Federal Railroad Administration, setting the threshold at $100,000. 49 U.S.C. 24405(a)(11). --------------------------------------------------------------------------- \6\ The DOT Grants Management common rule, 49 CFR part 18, was repealed and replaced by 2 CFR part 2. See 78 FR 78590 (December 26, 2013). --------------------------------------------------------------------------- In light of the above discussion, and pursuant to 23 U.S.C. 313(b)(1), NHTSA finds that it is appropriate to waive Buy America requirements for a manufactured product, excluding a motor vehicle, whose cost per unit is $5,000 or less. Therefore, in accordance with the provisions of Section 117 of the SAFFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), NHTSA is providing this notice of 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. This waiver is consistent with the general government initiatives that promote streamlined government contracting by Federal agencies and use of Federal funds by grantees to reduce administrative burdens and increase efficiency to accomplish agency missions. See E.O. 12931, 59 FR 52387 (October 13, 1994). It does not eliminate NHTSA's oversight of the State grantees' use of Federal grant funds. NHTSA's Regional Administrators will continue to ensure that Federal grantee purchases are necessary and reasonable for the purposes of the specific highway safety grant program. After the effective date, grantees must still request a waiver of Buy America requirements for purchases that exceed the threshold published in today's notice. The agency will monitor State purchases under the highway safety grant programs and under this waiver to ensure that the important policy goals and the spirit of Buy America are maintained. Authority: 23 U.S.C. 313; Pub. L. 110-161. [[Page 37362]] Issued in Washington, DC, on June 25, 2015 under authority delegated in 49 CFR part 1.95 Paul A. Hemmersbaugh, Acting Chief Counsel. [FR Doc. 2015-16099 Filed 6-29-15; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices 37359
DEPARTMENT OF TRANSPORTATION the east to approximately Exit 242 in the DEPARTMENT OF TRANSPORTATION
west. The project would involve
Federal Highway Administration constructing one additional lane in each National Highway Traffic Safety
direction in the median. The actions Administration
Notice of Final Federal Agency Actions
taken by FHWA, and the laws under
on the Interstate 64 Peninsula Study in [Docket No. NHTSA–2015–0065]
Virginia which such actions were taken, are
described in the Final Environmental Notice of Buy America Waiver
AGENCY: Federal Highway Impact Statement (FEIS), the Request for
Administration (FHWA), DOT. the Record of Decision (ROD), and the AGENCY: National Highway Traffic
ACTION: Notice of limitation on claims ROD. The FEIS was signed on Safety Administration (NHTSA),
for judicial review of actions by FHWA. November 26, 2013. The ROD was Department of Transportation (DOT).
issued on June 8, 2015. The FEIS, ACTION: Notice of Buy America waiver;
SUMMARY: This notice announces actions
request for comment.
taken by the FHWA that are final within Request for the ROD, and ROD can be
the meaning of 23 U.S.C. 139(l)(1). The viewed on the project’s internet site at
SUMMARY: This notice provides
actions relate to the second section of http://www.virginiadot.org/projects/ NHTSA’s finding that a public interest
the Interstate 64 Peninsula Study from hamptonroads/i-64_peninsula_ waiver of the Buy America requirements
approximately Exit 247 in the east to study.asp. These documents and other is appropriate for any manufactured
approximately Exit 242 in the west in project records are also available by product whose purchase price is $5,000
the City of Newport News and York contacting FHWA or the Virginia or less, excluding a motor vehicle, when
County, Virginia. Those actions grant Department of Transportation at the such product is purchased using Federal
licenses, permits, and approvals for the phone numbers and addresses provided grant funds administered under Chapter
project. above. 4 of Title 23 of the United States Code;
DATES: By this notice, the FHWA is This notice applies to all Federal and requests public comment.
advising the public of final agency agency decisions as of the issuance date DATES: The effective date of this waiver
actions subject to 23 U.S.C. 139(l)(1). A of this notice and all laws under which is July 30, 2015. Written comments
claim seeking judicial review of the such actions were taken, including but regarding this notice may be submitted
Federal agency actions on the project to NHTSA and must be received on or
not limited to:
will be barred unless the claim is filed before July 30, 2015.
on or before November 27, 2015. 1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321– ADDRESSES: Written comments may be
Notwithstanding any other provision of
law, a claim arising under Federal law 4351]; Federal-Aid Highway Act submitted using any one of the
seeking judicial review of a permit, (FAHA) [23 U.S.C. 109 and 23 U.S.C. following methods:
license, or approval issued by a Federal 128]. • Mail: Docket Management Facility,
agency for a highway or public M–30, U.S. Department of
2. Air: Clean Air Act [42 U.S.C. 7401– Transportation, West Building, Ground
transportation capital project shall be 7671(q)].
barred unless it is filed within 150 days Floor, Rm. W12–140, 1200 New Jersey
after publication of a notice in the 3. Land: Section 4(f) of the Avenue SE., Washington, DC 20590.
Federal Register announcing that the Department of Transportation Act of • Fax: Written comments may be
permit, license, or approval is final 1966 [23 U.S.C. 138 and 49 U.S.C. 303]. faxed to (202) 493–2251.
pursuant to the law under which the • Internet: To submit comments
4. Wildlife: Endangered Species Act
agency action is taken, unless a shorter electronically, go to the Federal
[16 U.S.C. 1531–1544 and Section
time is specified in the Federal law regulations Web site at http://
1536]. www.regulations.gov. Follow the online
pursuant to which judicial review is
5. Historic and Cultural Resources: instructions for submitting comments.
allowed.
Section 106 of the National Historic • Hand Delivery: West Building,
FOR FURTHER INFORMATION CONTACT: Mr. Preservation Act of 1966, as amended Ground Floor, Room W12–140, 1200
Mack Frost, Planning and [16 U.S.C. 470(f) et seq.]. New Jersey Avenue SE., between 9 a.m.
Environmental Specialist, Federal and 5 p.m. Eastern Time, Monday
Highway Administration, 400 North 8th 6. Social and Economic: Farmland
Protection Policy Act [7 U.S.C. 4201– through Friday, except Federal holidays.
Street, Richmond, Virginia 23219; Instructions: All comments submitted
telephone: (804) 775–3352; email: 4209].
concerning this notice must include the
Mack.frost@dot.gov. The FHWA (Catalog of Federal Domestic Assistance agency name and docket number. Please
Virginia Division Office’s normal Program Number 20.205, Highway Planning note that all comments received will be
business hours are 7:00 a.m. to 5:00 p.m. and Construction. The regulations posted without change to http://
(Eastern Time). For the Virginia implementing Executive Order 12372 www.regulations.gov, including any
Department of Transportation: Mr. Scott regarding intergovernmental consultation on personal information provided. You
Smizik, 1401 East Broad Street, Federal programs and activities apply to this may also call the Docket at 202–366–
Richmond, Virginia 23219; email: program.) 9324.
Scott.Smizik@vdot.virginia.gov; Authority: 23 U.S.C 139(l)(1).
telephone: (804) 371–4082. FOR FURTHER INFORMATION CONTACT:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION: Notice is
Issued On: June 24, 2015. Andrew DiMarsico, Office of Chief
hereby given that FHWA has taken final John Simkins, Counsel, NHTSA (phone: 202–366–
agency actions subject to 23 U.S.C. Planning and Environment Team Leader. 1834). You may send mail to Mr.
139(l)(1) by issuing licenses, permits, DiMarsico at the National Highway
[FR Doc. 2015–16024 Filed 6–29–15; 8:45 am]
and approvals for the following project Traffic Safety Administration, 1200 New
BILLING CODE 4910–RY–P
in the State of Virginia: The second Jersey Avenue SE., Washington, DC
section of the Interstate 64 Peninsula 20590.
Study from approximately Exit 247 in SUPPLEMENTARY INFORMATION:
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![37360 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
Background Pub. L. 97–424, 96 Stat. 2067.3 The 1982 driver education, pedestrian and bicycle
enactment specified that the Buy safety, and traffic administration (record
The statutory requirement (‘‘Buy America prohibition applied to ‘‘steel, systems, accident investigation and
America’’) states that the Secretary cement and manufactured products’’ emergency services). In addition to the
‘‘shall not obligate any funds authorized and eliminated the $500,000 threshold.4 core section 402 grants, NHTSA also
to be appropriated to carry out the Although the threshold was eliminated, administers other grants to the States,
Surface Transportation Assistance Act Congress acknowledged circumstances which Congress from time to time
of 1982 (96 Stat. 2097) or [title 23 of the where the prohibition would be difficult authorizes to address specific highway
United States Code] and administered to apply and introduced exceptions safety needs. Most recently, under the
by the Department of Transportation, under a waiver process that remains in ‘‘Moving Ahead for Progress in the 21st
unless steel, iron, and manufactured place today. Pub. L. 97–424, 96 Stat. Century Act’’ (Pub. L. 112–141),
products used in such project are 2067. One of these exceptions is the Congress authorized the ‘‘National
produced in the United States.’’ 23 public interest waiver. Id. Priority Safety Programs,’’ providing
U.S.C. 313(a). The Secretary of Agencies are permitted to waive the additional grants to States in the areas
Transportation has delegated the Buy America requirement when they of occupant protection, State traffic
authority to administer Buy America for determine that ‘‘it is inconsistent with safety information system
NHTSA programs to the Administrator the public interest.’’ 23 U.S.C. 313(b)(1). improvements, distracted driving,
of NHTSA. 49 CFR 1.95; 49 CFR 501. In consideration of this authority and motorcyclist safety, and State graduated
Buy America provides that NHTSA may consistent with the purposes of driver licensing laws. See 23 U.S.C. 405.
waive those requirements if ‘‘(1) their NHTSA’s grant programs to reduce In general, States may expend Federal
application would be inconsistent with accidents and resulting fatalities and section 402 or 405 funds for any item or
the public interest; (2) such materials injuries, the agency has determined that service that is necessary and reasonable
and products are not produced in the it is appropriate to issue a public for proper and efficient performance
United States in sufficient and interest waiver for small, routine and administration of their highway
reasonably available quantities and of a purchases by States under the highway safety programs and activities, subject to
satisfactory quality; or (3) the inclusion safety grant programs. In making this the statutory requirements and
of domestic material will increase the decision and arriving at a reasonable implementing regulations. See 23 CFR
cost of the overall project contract by threshold for waiver, NHTSA remains 1200 et seq. Because of the broad reach
more than 25 percent.’’ 23 U.S.C. 313(b). mindful of the overarching purposes of of these Federally sponsored highway
Buy America establishes a preference Buy America, while evaluating all safety programs, States may expend
relevant facts, including administrative grant funds on thousands of different
for domestically produced goods for use
burden, delay and impact on the items and activities. In the area of
in Federally sponsored projects. The
congressionally authorized State grant equipment, allowable purchases range
first Buy America legislation
programs. from low cost items such as office
conditioning the expenditure of Federal
supplies (DVDs, printers and ink
funds by NHTSA grant recipients was NHTSA Highway Safety Grant cartridges), computers, cameras, child
enacted in 1978 as part of the Surface Programs restraints, motorcycle helmets, and
Transportation Assistance Act of 1978.
NHTSA’s mission is to reduce deaths, radar speed detection devices to higher
Pub. L. 95–599, 92 Stat. 2689. The focus
injuries and economic losses resulting cost items such as police cruisers. In
of that Buy America provision was on
from motor vehicle crashes. This is recent years, NHTSA has seen an
large procurements, such as bridge increase in waiver requests for
accomplished by setting and enforcing
replacement projects, and not on purchases of these smaller commercial
safety performance standards for motor
smaller, routine purchases.1 The House items, based on non-availability in the
vehicles and motor vehicle equipment,
of Representatives considered excluding United States or availability only at a
and through grants to States to enable
up to $5 million in project costs from high price differential. Many of these
them to conduct effective State and
the requirements of Buy America, but items cost $5,000 or less. See, e.g., 80 FR
local highway safety programs.
ultimately did not pursue a threshold.2 9851 (Feb. 24, 2015) (printers); 79 FR
NHTSA’s State highway safety programs
The Senate bill sought to limit Buy 74811 (Dec. 16, 2014) (child restraints);
are codified in Chapter 4 of Title 23,
America requirements to projects whose 79 FR 74812 (Dec. 16, 2014) (training
United States Code. Chief among these
costs exceeded $1 million to avoid motorcycles); and 79 FR 55529 (Sept.
programs is section 402, which provides
imposing excessive requirements on 16, 2014) (DVDs and motorcycle safety
formula grants to States to administer a
small, routine projects. See H.R. Conf. vests).
comprehensive highway safety program
Rep. 95–1797 (1978), 1978 U.S.C.C.A.N.
designed to reduce traffic accidents and Non-Availability and High Cost
6693, 6754. Ultimately, the Senate’s
resulting deaths, injuries and property Differential Waivers Under Buy
proposed threshold was reduced in
damage. 23 U.S.C. 402. Section 402 America
conference to $500,000, and the
authorizes State programs related to
provision became law, establishing a State grantees incur significant
speeding, occupant protection, impaired
preference for ‘‘articles, materials, burdens when required to submit
driving, accident prevention, school bus
supplies mined, produced or waivers for small, routine purchases of
safety, unsafe driving behavior
manufactured’’ in the United States and items that are increasingly not
(aggressive, fatigued and distracted
costing more than $500,000. manufactured in the United States. As
asabaliauskas on DSK5VPTVN1PROD with NOTICES
driving), traffic safety law enforcement,
In 1983, Congress repealed that Buy part of a waiver request, a State must
America provision and substituted 3 Section 165 was originally included as a note to demonstrate through a market analysis
section 165 of the Surface section 23 U.S.C. 101 and codified in 2005 to that the item for which it seeks a waiver
Transportation Assistance Act of 1982. current its section, 23 U.S.C. 131. See Pub. L. 109– is not available in the United States or
509, 119 Stat. 1464. will cost 25 percent more than a
4 Congress amended section 165 of the STAA of
1 H.R. Rep. No. 95–1485, 1978 U.S.C.C.A.N. 6575,
1982 by removing ‘‘cement’’ in 1984, Pub. L. 98–
comparable non-domestic item. For
6644 (August 11, 1978). 229. 98 Stat. 55, and by adding ‘‘Iron’’ in 1991, Pub. each waiver request, the agency must, in
2 Id. L. 102–240, 105 Stat. 1914. the exercise of due diligence, perform
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![37362 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
Issued in Washington, DC, on June 25, Abstract: These regulations relate to techniques or other forms of information
2015 under authority delegated in 49 CFR the information reporting requirements technology; and (e) estimates of capital
part 1.95 in section 6050S of the Internal Revenue or start-up costs and costs of operation,
Paul A. Hemmersbaugh, Code for payments of qualified tuition maintenance, and purchase of services
Acting Chief Counsel. and related expenses and interest on to provide information.
[FR Doc. 2015–16099 Filed 6–29–15; 8:45 am] qualified education loans. These Approved: June 22, 2015.
BILLING CODE 4910–59–P regulations provide guidance to eligible Christie Preston,
education institutions, insurers, and IRS Reports Clearance Officer.
payees required to file information
[FR Doc. 2015–16060 Filed 6–29–15; 8:45 am]
DEPARTMENT OF THE TREASURY returns and to furnish information
BILLING CODE 4830–01–P
statements under section 6050S.
Internal Revenue Service Current Actions: There is no change to
this existing regulation.
Proposed Collection; Comment DEPARTMENT OF THE TREASURY
Type of review: Extension of OMB
Request for Regulation Project approval. Internal Revenue Service
Affected Public: Business or other for-
AGENCY: Internal Revenue Service (IRS),
profit organizations, and not-for-profit Proposed Collection; Comment
Treasury.
institutions. Request for Regulation Project
ACTION: Notice and request for The burden is reflected in the burdens
comments. for Form 1098–T and Form 1098–E. AGENCY: Internal Revenue Service (IRS),
Estimated total annual reporting Treasury.
SUMMARY: The Department of the
burden for Form 1098–T: 4,848,090 ACTION: Notice and request for
Treasury, as part of its continuing effort
hours. comments.
to reduce paperwork and respondent
Estimated average annual burden
burden, invites the general public and SUMMARY: The Department of the
hours per response for Form 1098–T: 13
other Federal agencies to take this Treasury, as part of its continuing effort
minutes.
opportunity to comment on proposed to reduce paperwork and respondent
Estimated number of responses for
and/or continuing information burden, invites the general public and
Form 1098–T: 21,078,651.
collections, as required by the Estimated total annual reporting other Federal agencies to take this
Paperwork Reduction Act of 1995, burden for Form 1098–E: 1,051,357 opportunity to comment on proposed
Public Law 104–13 (44 U.S.C. hours. and/or continuing information
3506(c)(2)(A)). Estimated average annual burden collections, as required by the
Currently, the IRS is soliciting hours per response for Form 1098–E: 7 Paperwork Reduction Act of 1995,
comments concerning information minutes. Estimated number of responses Public Law 104–13 (44 U.S.C.
reporting for qualified tuition and for Form 1098–E: 8,761,303. 3506(c)(2)(A)).
related expenses, magnetic media filing The following paragraph applies to all DATES: Written comments should be
requirements for information returns, of the collections of information covered received on or before August 31, 2015
information reporting for payments of by this notice: to be assured of consideration.
interest on qualified education loans, An agency may not conduct or ADDRESSES: Direct all written comments
and magnetic media filing requirements sponsor, and a person is not required to to Christie Preston, Internal Revenue
for information. respond to, a collection of information Service, Room 6129, 1111 Constitution
DATES: Written comments should be unless the collection of information Avenue NW., Washington, DC 20224.
received on or before August 31, 2015 displays a valid OMB control number. FOR FURTHER INFORMATION CONTACT:
to be assured of consideration. Books or records relating to a collection Requests for additional information or
ADDRESSES: Direct all written comments of information must be retained as long copies of the regulation should be
to Christie Preston, Internal Revenue as their contents may become material directed to LaNita Van Dyke, or at
Service, Room 6129, 1111 Constitution in the administration of any internal Internal Revenue Service, Room 6517,
Avenue NW., Washington, DC 20224. revenue law. Generally, tax returns and 1111 Constitution Avenue NW.,
FOR FURTHER INFORMATION CONTACT: tax return information are confidential, Washington, DC 20224, or through the
Requests for additional information or as required by 26 U.S.C. 6103. Internet at Lanita.VanDyke@irs.gov.
copies of regulations should be directed Request For Comments: Comments
SUPPLEMENTARY INFORMATION:
to LaNita Van Dyke, or at Internal submitted in response to this notice will Title: Assumptions of Partner
Revenue Service, Room 6517, 1111 be summarized and/or included in the Liabilities.
Constitution Avenue NW., Washington, request for OMB approval. All OMB Number: 1545–1843.
DC 20224, or through the internet, at comments will become a matter of Regulation Project Number: TD 9207
Lanita.VanDyke@irs.gov. public record. Comments are invited on: (Final & Temp), REG–106736–00
SUPPLEMENTARY INFORMATION: (a) Whether the collection of (NPRM).
Title: REG–161424–01 (Final), information is necessary for the proper Abstract: In order to be entitled to a
Information Reporting for Qualified performance of the functions of the deduction with respect to the economic
Tuition and Related Expenses; Magnetic agency, including whether the performance of a contingent liability
information shall have practical utility; that was contributed by a partner and
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Media Filing Requirements for
Information Returns, and REG–105316– (b) the accuracy of the agency’s estimate assumed by a partnership, the partner,
98 (Final), Information Reporting for of the burden of the collection of or former partner of the partnership,
Payments of Interest on Qualified information; (c) ways to enhance the must receive notification of economic
Education Loans; Magnetic Media Filing quality, utility, and clarity of the performance of the contingent liability
Requirements for Information. information to be collected; (d) ways to from the partnership or other partner
OMB Number: 1545–1678. minimize the burden of the collection of assuming the liability.
Regulation Project Numbers: REG– information on respondents, including Current Actions: There is no change to
105316–98 and REG–161424–01. through the use of automated collection this existing regulation.
VerDate Sep<11>2014 17:34 Jun 29, 2015 Jkt 235001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1](https://thefederalregister.org/doc/80_FR_37484/page/4.svg)
Document Created: 2018-02-22 11:16:50
Document Modified: 2018-02-22 11:16:50
| 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; request for comment. | |
| Dates | The effective date of this waiver is July 30, 2015. Written comments regarding this notice may be submitted to NHTSA and must be received on or before July 30, 2015. | |
| Contact | Andrew DiMarsico, Office of Chief Counsel, NHTSA (phone: 202-366-1834). You may send mail to Mr. DiMarsico at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. | |
| FR Citation | 80 FR 37359 |
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