81_FR_12827 81 FR 12780 - Notice of Buy America Waiver

81 FR 12780 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range12780-12781
FR Document2016-05371

This notice provides NHTSA's finding with respect to a request to waive the requirements of Buy America from the Maine Bureau of Highway Safety (MBHS). NHTSA finds that a non-availability waiver of the Buy America requirement is appropriate for the purchase of a Leica total station using Federal highway traffic safety grant funds because there are no suitable products produced in the United States.

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016) 
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12780-12781]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05371]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0026]


Notice of Buy America Waiver

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

ACTION: Notice of Buy America waiver.

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SUMMARY: This notice provides NHTSA's finding with respect to a request 
to waive the requirements of Buy America from the Maine Bureau of 
Highway Safety (MBHS). NHTSA finds that a non-availability waiver of 
the Buy America requirement is appropriate for the purchase of a Leica 
total station 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 25, 2016. Written 
comments regarding this notice may be submitted to NHTSA and must be 
received on or before: March 25, 2016.

ADDRESSES: Written comments may be submitted using any one of the 
following methods:
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Fax: Written comments may be faxed to (202) 493-2251.
     Internet: To submit comments electronically, go to the 
Federal regulations Web site at http://www.regulations.gov. Follow the 
online instructions for submitting comments.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time, 
Monday through Friday, except Federal holidays.
    Instructions: All comments submitted in relation to this waiver 
must include the agency name and docket number. Please note that all 
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You 
may also call the Docket at 202-366-9324.

FOR FURTHER INFORMATION CONTACT:  For program issues, contact Barbara 
Sauers, Office of Regional Operations and Program Delivery, NHTSA 
(phone: 202-366-0144). For legal issues, contact Andrew DiMarsico, 
Office of Chief Counsel, NHTSA (phone: 202-366-5263). You may send mail 
to these officials at the National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:  This notice provides NHTSA's finding that a 
waiver of the Buy America requirement, 23 U.S.C. 313, is appropriate 
for MBHS to purchase a Leica Flexline TS02 Plus R500 Reflectorless 
Total Station for $12,925 using grant funds authorized under 23 U.S.C. 
402. Section 402 funds are available for use by state highway safety 
programs that, among other things, reduce or prevent injuries and 
deaths resulting from speeding motor vehicles, driving while impaired 
by alcohol and or drugs, motorcycle accidents, school bus accidents, 
and unsafe driving behavior. 23 U.S.C. 402(a). Section 402 funds are 
also available to state programs that encourage the proper use of 
occupant protection devices and improve law enforcement services in 
motor vehicle accident prevention, traffic supervision, and post-
accident procedures. Id.
    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); 49 CFR 1.95(f).
    MBHS seeks a waiver to purchase one (1) Leica Flexline TS02 Plus 
R500 Reflectorless total station for its subgrantee, the Maine State 
Police, using Federal grant funds, at a cost of $12,925. A total 
station is an electronic/optical instrument used in modern surveying 
and accident reconstruction. Specifically, a total station is an 
electronic theodolite integrated with an electronic distance meter to 
read slope distances from the instrument to a particular point. 
According to MBHS, the total station provides law enforcement with the 
equipment necessary to provide accurate and detailed crash 
reconstruction to aid in improving highway safety and for use with the 
enforcement of traffic safety laws. MBHS states that the total station 
reduces the time officers need to stand in the roadway with a prism to 
mark evidence at crash scenes. In addition, with a total station, 
evidence can be plotted from the side of the road after a roadway has 
been opened to traffic.
    MBHS states that there are no total station models that are 
manufactured or assembled in the United States. In support of its 
waiver, MBHS cites to NHTSA's determination that a Buy America waiver 
was appropriate for the North Carolina Highway Safety Office to 
purchase a Nikon Nivo 5M plus Reflectorless total station. See 80 FR 
72480 (November 19, 2015). In that notice, the agency noted that both 
North Carolina and NHTSA performed market analyses which revealed that 
all total station equipment are foreign made.\1\ Id. at 72481. At this 
time, the agency is unaware of any total stations produced 
domestically.
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    \1\ In our November 19, 2015 notice, we noted that the combined 
market research of North Carolina and NHTSA found that the following 
manufacturers produced foreign made total stations: CT Berger 
(China); Leica (Switzerland); Leica Flexline TS02 Plus R500 
Reflectorless Total Station (Japan); Spectra Precision (Japan); 
Northwest Instruments (China); Topcon (Japan); Trimble (Sweden); Hi-
Target Instrument Surveying Co. Ltd. (China); geo-Fennel GmbH 
(Germany); Hilti (Liechtenstein); North Surveying (Spain); South 
Precision Instrument (China); Ruide Surveying Instrument Co. 
(China); Pentex (Japan/China); and Topcon (Japan, China and 
Thailand).
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    NHTSA agrees that the total stations advance the purpose of section 
402 to improve law enforcement services in motor vehicle accident 
prevention and post-accident reconstruction and enforcement. A total 
station is an on-

[[Page 12781]]

scene reconstruction tool that assists in the determination of the 
cause of the crash and can support crash investigations. It is an 
electronic/optical instrument that specializes in surveying with tools 
to provide precise measurements for diagraming crash scenes, including 
a laser range finder and a computer to assist law enforcement to 
determine post-accident reconstruction. The total station system is 
designed to gather evidence of the events leading up to, during and 
following a crash. These tools are used to gather evidence to determine 
such facts as minimum speed at the time of a crash, the critical speed 
of a roadway curve, the distance a vehicle may have traveled when out 
of control and other factors that involve a crash investigation. In 
some instances, the facts collected through the use of a total station 
are used to form a basis of a criminal charge or evidence in a criminal 
prosecution.
    Based upon our recent market analysis, we are unaware of any total 
station equipment that is manufactured domestically. Ibid. Since a 
total station is unavailable from a domestic manufacturer and the 
equipment would assist in post-accident reconstruction and enforcement 
to advance the purpose of 23 U.S.C. 402, 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)(2), NHTSA finds that it is appropriate to grant a waiver from 
the Buy America requirements to MBHS in order to purchase the Leica 
total station equipment. This waiver applies to Maine and all other 
states seeking to use section 402 funds to purchase Leica total 
stations for the purposes mentioned herein. This waiver is effective 
through fiscal year 2016 and expires at the conclusion of the fiscal 
year (September 30, 2016). In accordance with the provisions of section 
117 of the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy of Users Technical Corrections Act of 2008 (Pub. L. 110-
244, 122 Stat. 1572), NHTSA is providing this notice as its finding 
that a waiver of the Buy America requirements is appropriate for the 
Leica total station.
    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 additional relevant information regarding 
its decision to grant MBHS'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, on March 4, 2016 under authority 
delegated in 49 CFR part 1.95.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-05371 Filed 3-9-16; 8:45 am]
BILLING CODE 4910-59-P

12780 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices Issued in Washington, DC, on March 3, • Internet: To submit comments sufficient and reasonably available 2016. electronically, go to the Federal quantities and of a satisfactory quality; Lirio Liu, regulations Web site at http:// or (3) the inclusion of domestic material Director, Office of Rulemaking. www.regulations.gov. Follow the online will increase the cost of the overall instructions for submitting comments. project contract by more than 25 Petition for Exemption • Hand Delivery: West Building percent.’’ 23 U.S.C. 313(b); 49 CFR Docket No.: FAA–2015–1302 Ground Floor, Room W12–140, 1200 1.95(f). Petitioner: Unmanned Services, Inc. New Jersey Avenue SE., between 9 a.m. MBHS seeks a waiver to purchase one Section(s) of 14 CFR Affected: and 5 p.m. Eastern Time, Monday (1) Leica Flexline TS02 Plus R500 §§ 61.23 (a)(1); 61.101 (e)(4)(5); 61.113 through Friday, except Federal holidays. Reflectorless total station for its (a); 61.315 (a); 91.7 (a); 91.119 (c); Instructions: All comments submitted subgrantee, the Maine State Police, 91.121; 91.151 (a)(1); 91.405 (a); 91.407 in relation to this waiver must include using Federal grant funds, at a cost of (a)(1); 91.409 (a)(1)(2); 91.417 (a)(b). the agency name and docket number. $12,925. A total station is an electronic/ Description of Relief Sought: The Please note that all comments received optical instrument used in modern petitioner is seeking relief to allow for will be posted without change to http:// surveying and accident reconstruction. an unmanned aircraft system (UAS) to www.regulations.gov, including any Specifically, a total station is an report altitude in meters, to allow the personal information provided. You electronic theodolite integrated with an Pilot in Command (PIC) to be able to may also call the Docket at 202–366– electronic distance meter to read slope transfer his or her designation, to 9324. distances from the instrument to a change the PIC requirements to require particular point. According to MBHS, FOR FURTHER INFORMATION CONTACT: For only prior military UAS rated piloting the total station provides law program issues, contact Barbara Sauers, experience and passage of FAA ground enforcement with the equipment Office of Regional Operations and school knowledge test, to conduct necessary to provide accurate and Program Delivery, NHTSA (phone: 202– nighttime operations, and operate from detailed crash reconstruction to aid in 366–0144). For legal issues, contact moving platforms. improving highway safety and for use [FR Doc. 2016–05343 Filed 3–9–16; 8:45 am] Andrew DiMarsico, Office of Chief Counsel, NHTSA (phone: 202–366– with the enforcement of traffic safety BILLING CODE 4910–13–P laws. MBHS states that the total station 5263). You may send mail to these officials at the National Highway Traffic reduces the time officers need to stand Safety Administration, 1200 New Jersey in the roadway with a prism to mark DEPARTMENT OF TRANSPORTATION evidence at crash scenes. In addition, Avenue SE., Washington, DC 20590. National Highway Traffic Safety SUPPLEMENTARY INFORMATION: This with a total station, evidence can be Administration notice provides NHTSA’s finding that a plotted from the side of the road after a waiver of the Buy America requirement, roadway has been opened to traffic. [Docket No. NHTSA–2016–0026] MBHS states that there are no total 23 U.S.C. 313, is appropriate for MBHS to purchase a Leica Flexline TS02 Plus station models that are manufactured or Notice of Buy America Waiver assembled in the United States. In R500 Reflectorless Total Station for AGENCY: National Highway Traffic $12,925 using grant funds authorized support of its waiver, MBHS cites to Safety Administration (NHTSA), under 23 U.S.C. 402. Section 402 funds NHTSA’s determination that a Buy Department of Transportation (DOT). are available for use by state highway America waiver was appropriate for the ACTION: Notice of Buy America waiver. safety programs that, among other North Carolina Highway Safety Office to things, reduce or prevent injuries and purchase a Nikon Nivo 5M plus SUMMARY: This notice provides deaths resulting from speeding motor Reflectorless total station. See 80 FR NHTSA’s finding with respect to a vehicles, driving while impaired by 72480 (November 19, 2015). In that request to waive the requirements of alcohol and or drugs, motorcycle notice, the agency noted that both North Buy America from the Maine Bureau of accidents, school bus accidents, and Carolina and NHTSA performed market Highway Safety (MBHS). NHTSA finds unsafe driving behavior. 23 U.S.C. analyses which revealed that all total that a non-availability waiver of the Buy 402(a). Section 402 funds are also station equipment are foreign made.1 Id. America requirement is appropriate for available to state programs that at 72481. At this time, the agency is the purchase of a Leica total station encourage the proper use of occupant unaware of any total stations produced using Federal highway traffic safety protection devices and improve law domestically. grant funds because there are no enforcement services in motor vehicle NHTSA agrees that the total stations suitable products produced in the accident prevention, traffic supervision, advance the purpose of section 402 to United States. and post-accident procedures. Id. improve law enforcement services in DATES: The effective date of this waiver Buy America provides that NHTSA motor vehicle accident prevention and is March 25, 2016. Written comments ‘‘shall not obligate any funds authorized post-accident reconstruction and regarding this notice may be submitted to be appropriated to carry out the enforcement. A total station is an on- to NHTSA and must be received on or Surface Transportation Assistance Act 1 In our November 19, 2015 notice, we noted that before: March 25, 2016. of 1982 (96 Stat. 2097) or [Title 23] and the combined market research of North Carolina ADDRESSES: Written comments may be administered by the Department of and NHTSA found that the following manufacturers submitted using any one of the Transportation, unless steel, iron, and produced foreign made total stations: CT Berger (China); Leica (Switzerland); Leica Flexline TS02 mstockstill on DSK4VPTVN1PROD with NOTICES following methods: manufactured products used in such Plus R500 Reflectorless Total Station (Japan); • Mail: Docket Management Facility, project are produced in the United Spectra Precision (Japan); Northwest Instruments M–30, U.S. Department of States.’’ 23 U.S.C. 313. However, (China); Topcon (Japan); Trimble (Sweden); Hi- Transportation, West Building, Ground NHTSA may waive those requirements Target Instrument Surveying Co. Ltd. (China); geo- Floor, Rm. W12–140, 1200 New Jersey if ‘‘(1) their application would be Fennel GmbH (Germany); Hilti (Liechtenstein); North Surveying (Spain); South Precision Avenue SE., Washington, DC 20590. inconsistent with the public interest; (2) Instrument (China); Ruide Surveying Instrument • Fax: Written comments may be such materials and products are not Co. (China); Pentex (Japan/China); and Topcon faxed to (202) 493–2251. produced in the United States in (Japan, China and Thailand). VerDate Sep<11>2014 17:55 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\10MRN1.SGM 10MRN1

Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices 12781 scene reconstruction tool that assists in products by NHTSA or the U.S. forecasts of freight volumes; (4) an the determination of the cause of the Department of Transportation. The identification of major trade gateways crash and can support crash United States Government does not and national freight corridors; (5) an investigations. It is an electronic/optical endorse products or manufacturers. assessment of statutory, regulatory, instrument that specializes in surveying Authority: 23 U.S.C. 313; Pub. L. 110–161. technological, institutional, financial, with tools to provide precise and other barriers to improved freight measurements for diagraming crash Issued in Washington, DC, on March 4, transportation performance, including a 2016 under authority delegated in 49 CFR scenes, including a laser range finder part 1.95. description of opportunities for and a computer to assist law overcoming the barriers; (6) an Paul A. Hemmersbaugh, enforcement to determine post-accident identification of corridors providing reconstruction. The total station system Chief Counsel. access to energy exploration, is designed to gather evidence of the [FR Doc. 2016–05371 Filed 3–9–16; 8:45 am] development, installation, or production events leading up to, during and BILLING CODE 4910–59–P areas; (7) an identification of best following a crash. These tools are used practices for improving the performance to gather evidence to determine such of the National Freight Network; (8) an facts as minimum speed at the time of DEPARTMENT OF TRANSPORTATION identification of best practices to a crash, the critical speed of a roadway mitigate the impacts of freight curve, the distance a vehicle may have Office of the Secretary movement on communities; (9) a traveled when out of control and other [Docket No. DOT–OST–2015–0248] process for addressing multistate factors that involve a crash projects and encouraging jurisdictions investigation. In some instances, the Draft National Freight Strategic Plan: to collaborate; and (10) strategies to facts collected through the use of a total Notice of Deadline for Submitting improve freight intermodal station are used to form a basis of a Comments connectivity. criminal charge or evidence in a On October 18, 2015, the DOT issued criminal prosecution. ACTION: Notice of deadline for the draft NFSP for public comment, Based upon our recent market submitting comments. available at www.transportation.gov/ analysis, we are unaware of any total SUMMARY: This notice announces a freight and also at http://www. station equipment that is manufactured deadline for submitting comments on regulations.gov/#!docketDetail;D=DOT- domestically. Ibid. Since a total station the draft National Freight Strategic Plan OST-2015-0248. At that time, the DOT is unavailable from a domestic (NFSP) to the U.S. Department of requested comments on the draft NFSP manufacturer and the equipment would Transportation (DOT) to satisfy but did not provide a specific date by assist in post-accident reconstruction requirements of the Moving Ahead for which comments were due. To date, the and enforcement to advance the purpose Progress in the 21st Century Act (MAP– DOT has received numerous comments of 23 U.S.C. 402, a Buy America waiver 21) and the Fixing America’s Surface from the public but understands that is appropriate. NHTSA invites public Transportation Act (FAST Act). On many in the public who plan to submit comment on this conclusion. October 18, 2015, DOT released for comments have been waiting for In light of the above discussion, and specific instructions about the end of public comment a draft NFSP (available pursuant to 23 U.S.C. 313(b)(2), NHTSA the comment period. at https://www.transportation.gov/sites/ finds that it is appropriate to grant a On December 4, 2015, the President dot.gov/files/docs/DRAFT_NFSP_for_ waiver from the Buy America signed the FAST Act (Pub. L. 114–94) requirements to MBHS in order to Public_Comment_508_10%2015%20 into law, before the draft NFSP could be purchase the Leica total station 15%20v1.pdf). The DOT intends to finalized. Section 8001 of the FAST Act equipment. This waiver applies to consider all comments received from continues the requirement that the DOT Maine and all other states seeking to use the public when updating and finalizing develop an NFSP, generally requiring section 402 funds to purchase Leica the NFSP to be consistent with the most of the same content for the NFSP total stations for the purposes FAST Act requirements. as was required under MAP–21. The mentioned herein. This waiver is DATES: Comments must be received on FAST Act specifically makes the NFSP effective through fiscal year 2016 and or before April 25, 2016 to receive full multimodal in scope, links it to the expires at the conclusion of the fiscal consideration by DOT with respect to National Multimodal Freight Network year (September 30, 2016). In the final NFSP. (NMFN) (created under the FAST Act) accordance with the provisions of ADDRESSES: Comments on the draft rather than the former National Freight section 117 of the Safe, Accountable, NFSP may be submitted and viewed at Network created under MAP–21, and Flexible, Efficient Transportation Equity Docket Number DOT–OST–2015–0248. also requires the NFSP to include an Act: A Legacy of Users Technical The web address is: http:// identification of corridors providing Corrections Act of 2008 (Pub. L. 110– www.regulations.gov/ access to major areas for manufacturing, 244, 122 Stat. 1572), NHTSA is #!docketDetail;D=DOT-OST-2015-0248. agriculture, or natural resources and providing this notice as its finding that FOR FURTHER INFORMATION CONTACT: requires the DOT to provide notice and a waiver of the Buy America Vinn White, at (202) 366–9044 or email an opportunity for public comment. requirements is appropriate for the freight@dot.gov. The DOT is currently in the process Leica total station. of revising the October 18, 2015 draft Written comments on this finding Additional Information NFSP to conform to the additional mstockstill on DSK4VPTVN1PROD with NOTICES may be submitted through any of the BACKGROUND: The MAP–21 (Pub. requirements of the FAST Act. Whereas methods discussed above. NHTSA may L. 112–141) required DOT to develop a the FAST Act allows the DOT to take up reconsider this finding if, through NFSP that included (1) an assessment of to two years from the date of the FAST comment, it learns additional relevant the conditions and performance of the Act’s enactment to complete the NFSP, information regarding its decision to National Freight Network; (2) an the DOT intends to make use of the grant MBHS’s waiver request. identification of bottlenecks on the work already completed on the October This finding should not be construed National Freight Network that create 18, 2015 draft NFSP, as modified by as an endorsement or approval of any significant freight congestion; (3) comments received from the public on VerDate Sep<11>2014 17:55 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\10MRN1.SGM 10MRN1


Document Created: 2018-02-02 15:11:41
Document Modified: 2018-02-02 15:11:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Buy America waiver.
DatesThe effective date of this waiver is March 25, 2016. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: March 25, 2016.
ContactFor 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 Citation81 FR 12780 
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