80 FR 9851 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 36 (February 24, 2015)

Page Range		9851-9852
FR Document		2015-03696

This notice provides NHTSA's finding with respect to a request to waive the requirement of Buy America from the Traffic Safety Office (TSO) of the Ohio Department of Public Safety. NHTSA finds that a non- availability waiver of the Buy America requirement is appropriate for the purchase of printers using Federal highway traffic safety grant funds because there are no suitable products produced in the United States.

Federal Register, Volume 80 Issue 36 (Tuesday, February 24, 2015)

[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9851-9852]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-03696]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA--2015-0005]

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
to waive the requirement of Buy America from the Traffic Safety Office
(TSO) of the Ohio Department of Public Safety. NHTSA finds that a non-
availability waiver of the Buy America requirement is appropriate for
the purchase of printers 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 March 2, 2015. Written
comments regarding this notice may be submitted to NHTSA and must be
received on or before: March 11, 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

[[Page 9852]]

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 Ohio's TSO to purchase printers using grant funds authorized under
23 U.S.C. 405(c) (section 405) and its predecessor, 23 U.S.C. 408.\1\
Section 405(c) funds are available for use by State highway traffic
safety programs to support the development and implementation of
effective State programs that, among other things, improve the
timeliness, accuracy, completeness, uniformity, integration, and
accessibility of State traffic safety data. 23 U.S.C. 405(c)(1).
---------------------------------------------------------------------------

\1\ 23 U.S.C. 408 was repealed by the Moving Ahead for Progress
in the 21st Century (MAP-21) Act, Public Law 112-141 Sec. 31109(d),
126 Stat. 756 (2012), and recodified at 23 U.S.C. 405(c).
---------------------------------------------------------------------------

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 a non-
availability waiver is appropriate for the printers that Ohio's TSO
seeks to purchase using Federal grant funds.
Ohio's TSO seeks a waiver to purchase 250 Brother Pocket Jet 6 Plus
printer vehicle kits at $468.90 per unit to be used in Ohio's mobile
ticketing e-citation system and software package as part of a pilot
program.\2\ Ohio indicates that it has used the Brother printer in
enforcement vehicles for several years and it has proven to be a
durable mobile printing device for the type of environment they are
used in and the applications used by law enforcement.
---------------------------------------------------------------------------

\2\ As part of its initial request, TSO sought a waiver for
vehicle printer mounts. However, TSO has withdrawn its waiver
request for those items.
---------------------------------------------------------------------------

Ohio's TSO is unable to identify any domestically manufactured
mobile printers that meet the requirements specified for the mobile
printers for use in its enforcement vehicles.\3\ NHTSA conducted
similar assessments \4\ and was unable to locate domestic manufacturers
of mobile printers with the specifications required by Ohio's TSO.
Since a mobile printer that meets the requirements identified by TSO
for use by its police officers is unavailable from a domestic
manufacturer, the Buy America waiver is appropriate. NHTSA invites
public comment on this conclusion.
---------------------------------------------------------------------------

\3\ TSO requires mobile printers that are small (10.04'' long x
2.17'' width x 1.18'' height), 300 x 300 DPI, Bluetooth enabled,
direct thermal, uses full letter size page (8\1/2\'' x 11'') and
prints at 6 pages per minute.
\4\ NHTSA conducted internet searches and reviewed several Web
sites that catalog products domestic made products: www.usaonly.us;
www.americansworking.com; www.madeinamericaforever.com;
www.unionbuiltpc.com and www.madeinusa.org.
---------------------------------------------------------------------------

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 of the
Buy America requirement to TSO in order to purchase 250 Brother Pocket
Jet 6 Plus printer vehicle kits. This waiver applies to Ohio and all
other States seeking to use section 405(c) and eligible section 408
funds to purchase 250 Brother Pocket Jet 6 Plus printer vehicle kits
for the purposes mentioned herein. This waiver will continue through
fiscal year 2015 and will allow the purchase of these items as required
for Ohio's TSO. 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 requirement is
appropriate for the Brother Pocket Jet 6 Plus printer vehicle kits.
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 decisions to grant and deny TSO'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
part 1.95.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2015-03696 Filed 2-23-15; 8:45 am]
BILLING CODE 4910-59-P

9852 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices

Safety Administration, 1200 New Jersey conducted similar assessments 4 and Issued in Washington, DC, under authority
Avenue SE., Washington, DC 20590. was unable to locate domestic delegated in 49 CFR part 1.95.
SUPPLEMENTARY INFORMATION: This manufacturers of mobile printers with O. Kevin Vincent,
notice provides NHTSA’s finding that a the specifications required by Ohio’s Chief Counsel.
waiver of the Buy America requirement, TSO. Since a mobile printer that meets [FR Doc. 2015–03696 Filed 2–23–15; 8:45 am]
23 U.S.C. 313, is appropriate for Ohio’s the requirements identified by TSO for BILLING CODE 4910–59–P
TSO to purchase printers using grant use by its police officers is unavailable
funds authorized under 23 U.S.C. 405(c) from a domestic manufacturer, the Buy
(section 405) and its predecessor, 23 America waiver is appropriate. NHTSA DEPARTMENT OF THE TREASURY
U.S.C. 408.1 Section 405(c) funds are invites public comment on this
available for use by State highway traffic conclusion. Proposed Collection; Comment
safety programs to support the Request; TIGTA Generic Survey
development and implementation of In light of the above discussion, and Request
effective State programs that, among pursuant to 23 U.S.C. 313(b)(2), NHTSA
finds that it is appropriate to grant a AGENCY: Departmental Office,
other things, improve the timeliness,
waiver of the Buy America requirement Department of the Treasury.
accuracy, completeness, uniformity,
to TSO in order to purchase 250 Brother ACTION: Notice and request for
integration, and accessibility of State
traffic safety data. 23 U.S.C. 405(c)(1). Pocket Jet 6 Plus printer vehicle kits. comments.
Buy America provides that NHTSA This waiver applies to Ohio and all SUMMARY: The Department of the
‘‘shall not obligate any funds authorized other States seeking to use section Treasury, as part of its continuing effort
to be appropriated to carry out the 405(c) and eligible section 408 funds to to reduce paperwork and respondent
Surface Transportation Assistance Act purchase 250 Brother Pocket Jet 6 Plus burden, invites the general public and
of 1982 (96 Stat. 2097) or [Title 23] and printer vehicle kits for the purposes other Federal agencies to take this
administered by the Department of mentioned herein. This waiver will opportunity to comment on proposed
Transportation, unless steel, iron, and continue through fiscal year 2015 and information collections, as required by
manufactured products used in such will allow the purchase of these items the Paperwork Reduction Act of 1995,
project are produced in the United as required for Ohio’s TSO. Public Law 104–13 (44 U.S.C.
States.’’ 23 U.S.C. 313. However, 3506(c)(2)(A)). The Department of the
Accordingly, this waiver will expire at
NHTSA may waive those requirements Treasury is soliciting comments on this
the conclusion of fiscal year 2015
if ‘‘(1) their application would be collection of information that is
(September 30, 2015). In accordance
inconsistent with the public interest; (2) scheduled to expire July 31, 2015.
such materials and products are not with the provisions of Section 117 of the
Safe, Accountable, Flexible, Efficient DATES: Written comments should be
produced in the United States in received on or before April 27, 2015 to
sufficient and reasonably available Transportation Equity Act: A Legacy of
Users Technical Corrections Act of 2008 be assured of consideration.
quantities and of a satisfactory quality; ADDRESSES: You may submit comments
or (3) the inclusion of domestic material (Pub. L. 110–244, 122 Stat. 1572),
NHTSA is providing this notice as its by email to Kim.Hyatt@tigta.treas.gov;
will increase the cost of the overall subject line: Comment on TIGTA
project contract by more than 25 finding that a waiver of the Buy
America requirement is appropriate for Generic Survey Request; or by mail to:
percent.’’ 23 U.S.C. 313(b). In this Treasury PRA Clearance Officer, Office
instance, NHTSA has determined that a the Brother Pocket Jet 6 Plus printer
of Privacy, Transparency, and Records,
non-availability waiver is appropriate vehicle kits.
1750 Pennsylvania Ave., NW.,
for the printers that Ohio’s TSO seeks to Written comments on this finding Washington DC, 20220.
purchase using Federal grant funds. may be submitted through any of the FOR FURTHER INFORMATION CONTACT:
Ohio’s TSO seeks a waiver to methods discussed above. NHTSA may
purchase 250 Brother Pocket Jet 6 Plus Requests for additional information or
reconsider this finding, if through request a copy of the information
printer vehicle kits at $468.90 per unit
comment, it learns of additional collection can be directed to the
to be used in Ohio’s mobile ticketing e-
relevant information regarding its addresses provided above.
citation system and software package as
part of a pilot program.2 Ohio indicates decisions to grant and deny TSO’s SUPPLEMENTARY INFORMATION:
that it has used the Brother printer in waiver request. OMB Control Number: 1505–0217.
enforcement vehicles for several years This finding should not be construed Title: Treasury Inspector General for
and it has proven to be a durable mobile as an endorsement or approval of any Tax Administration (TIGTA) Generic
printing device for the type of products by NHTSA or the U.S. Survey.
Abstract: The TIGTA’s Office of
environment they are used in and the Department of Transportation. The Audit’s mission is to provide
applications used by law enforcement. United States Government does not
Ohio’s TSO is unable to identify any independent oversight of IRS activities.
endorse products or manufacturers. Through its audit programs TIGTA
domestically manufactured mobile
printers that meet the requirements Authority: 23 U.S.C. 313; Pub. L. 110–161. promotes efficiency and effectiveness in
specified for the mobile printers for use the administration of internal revenue
in its enforcement vehicles.3 NHTSA laws, including the prevention and
detection of fraud, waste, and abuse
DPI, Bluetooth enabled, direct thermal, uses full affecting tax administration. To
1 23 U.S.C. 408 was repealed by the Moving letter size page (81⁄2″ x 11″) and prints at 6 pages
tkelley on DSK3SPTVN1PROD with NOTICES

Ahead for Progress in the 21st Century (MAP–21) accomplish this, TIGTA Office of Audit
per minute.
Act, Public Law 112–141 § 31109(d), 126 Stat. 756
4 NHTSA conducted internet searches and
at times finds it necessary to contact a
(2012), and recodified at 23 U.S.C. 405(c). limited number of taxpayers (including
2 As part of its initial request, TSO sought a reviewed several Web sites that catalog products
waiver for vehicle printer mounts. However, TSO domestic made products: www.usaonly.us; businesses) for various reasons.
has withdrawn its waiver request for those items. www.americansworking.com; Type of Review: Extension without
3 TSO requires mobile printers that are small www.madeinamericaforever.com; change of a currently approved
(10.04″ long x 2.17″ width x 1.18″ height), 300 x 300 www.unionbuiltpc.com and www.madeinusa.org. collection.

VerDate Sep<11>2014 17:31 Feb 23, 2015 Jkt 235001 PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM 24FEN1

Document Created: 2015-12-18 13:22:46
Document Modified: 2015-12-18 13:22:46

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 March 2, 2015. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: March 11, 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 9851

80 FR 9851 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 80, Issue 36 (February 24, 2015)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration