81 FR 23076 - Notice of Buy America Waiver for a Radio Communications System
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 75 (April 19, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 75 (April 19, 2016)
| Page Range | 23076-23077 | |
| FR Document | 2016-08989 |
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)] [Notices] [Pages 23076-23077] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08989] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0002] Notice of Buy America Waiver for a Radio Communications System AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America waiver. ----------------------------------------------------------------------- SUMMARY: In response to the request of the Kansas City Area Transportation Authority (KCATA) for a Buy America waiver for a DMR Tier III Trunked UHF Voice radio system that is compatible with its current system, the Federal Transit Administration (FTA) hereby waives its Buy America requirements finding that the materials for which a waiver is requested are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. This waiver is limited to a single procurement by KCATA for the DMR Tier III Trunked UHF Voice radio system. DATES: This waiver is effective immediately. FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at (202) 366-2743 or [email protected]. SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce that FTA has granted a Buy America non-availability waiver for KCATA's procurement of a DMR Tier III Trunked UHF radio system under 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c). With certain exceptions, FTA's Buy America requirements prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless ``the steel, iron, and manufactured goods used in the project are produced in the United States.'' 49 U.S.C. 5323(j)(1). A manufactured product is considered produced in the United States if: (1) All of the manufacturing processes for the product take place in the United States; and (2) all of the components of the product are of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that ``the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality,'' then FTA may issue a non-availability waiver. 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). KCATA provides public transportation services in the Kansas City, Missouri, metropolitan area, operating in seven counties. KCATA's current radio system was purchased in 2002 and fully activated in 2005. The radio system is analog and operates on two separate channels. It has limited growth capabilities, issues with ``talk over,'' inaccessible voice connections, and escalating maintenance costs. KCATA is in the process of upgrading its radio system. As part of its plan to upgrade the radio system, KCATA issued a Request for Proposals (RFP) on December 16, 2014, seeking a ``turnkey project that includes a DMR Tier III Trunked UHF Voice radio system, full integration of the radio system with the Trapeze TransitMaster CAD/AVL system, and extended maintenance and support.'' KCATA only received one response to the RFP. Tait North America (Tait) expressed interest in the project but noted that it is headquartered in New Zealand and that a majority of the products supplied for the project would be assembled in New Zealand, making them non-compliant with Buy America. Neither KCATA nor FTA has identified any companies in the United States that can meet the Buy America requirements for this project. FTA also conducted a scouting search for a U.S. manufacturer of a comparable radio system through its Interagency Agreement with the U.S. Department of Commerce's National Institute of Standards and Technology (NIST). The scouting search did not result in identifying any domestic manufacturers who could provide the equipment required by KCATA. On Wednesday, March 22, 2016, and in accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice in the Federal Register (81 FR 15410) requesting public comment on, among other topics, the merits of KCATA's waiver request and potential effects of granting the waiver. The public comment period closed on March 29, 2016. FTA received only once comment. Selex ES, a subsidiary of an Italian company with its North America headquarters in Overland Park, Kansas, commented that although it did not submit a proposal to KCATA's RFP, it can supply a DMR Tier III Trunked Radio Systems similar to the system proposed by Tait, arguing that Selex ES is a ``local'' option for KCATA. Although Selex ES markets, designs, stages, ships, and services DMR Tier III Trunked Radio Systems and is based in Kansas, Selex ES does not provide a system that is compliant with FTA's Buy America requirement for manufactured goods. As noted above, Buy America applies to manufactured [[Page 23077]] goods, not services. Additionally, Selex ES did not participate in the initial RFP offered by KCATA. If Selex ES had bid on KCATA's RFP it too would have needed a non-availability waiver of the Buy America requirements. Therefore, based on the information supplied in support of KCATA's request for a Buy America waiver for the DMR Tier III Trunked UHF Voice radio system that is compatible with its current system, including NIST's inability to locate a domestic manufacturer that currently produces a similar system and that no other entity was able to establish that it makes a Buy America complaint system, FTA hereby waives its Buy America requirements for the DMR Tier III Trunked UHF Voice radio system on the grounds that the manufactured product is not available in the U.S. This waiver is limited to a single procurement for the DMR Tier III Trunked UHF Voice radio system by KCATA. Issued on April 14, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016-08989 Filed 4-18-16; 8:45 am] BILLING CODE 4910-57-P
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available to expedite service restoration DEPARTMENT OF TRANSPORTATION City, Missouri, metropolitan area,
and was provided funding to purchase operating in seven counties. KCATA’s
such equipment from FTA through the Federal Transit Administration current radio system was purchased in
emergency relief funds allocated for [Docket No. FTA–2016–0002] 2002 and fully activated in 2005. The
Superstorm Sandy. radio system is analog and operates on
A CWP is a support vehicle train Notice of Buy America Waiver for a two separate channels. It has limited
which consists of several platforms Radio Communications System growth capabilities, issues with ‘‘talk
suitable for holding/hauling and picking over,’’ inaccessible voice connections,
up or distributing a variety of materials, AGENCY: Federal Transit Administration, and escalating maintenance costs.
such as rocks, riprap, dirt or debris. The DOT. KCATA is in the process of upgrading
equipment is similar to an excavator ACTION: Notice of Buy America waiver. its radio system.
which has an articulated arm, with the As part of its plan to upgrade the
SUMMARY: In response to the request of radio system, KCATA issued a Request
main difference being that it rides on the Kansas City Area Transportation
rails and sits on a connected platform for Proposals (RFP) on December 16,
Authority (KCATA) for a Buy America 2014, seeking a ‘‘turnkey project that
where it can dump or pick up material waiver for a DMR Tier III Trunked UHF
from in order to perform its functions. includes a DMR Tier III Trunked UHF
Voice radio system that is compatible Voice radio system, full integration of
The main tasks for which the MNR uses with its current system, the Federal
the CWP is shoreline stabilization/ the radio system with the Trapeze
Transit Administration (FTA) hereby TransitMaster CAD/AVL system, and
restoration and for removing debris from waives its Buy America requirements
the right-of-way after storms. extended maintenance and support.’’
finding that the materials for which a KCATA only received one response to
MNR prepared and advertised a waiver is requested are not produced in the RFP. Tait North America (Tait)
solicitation for the CWP on January 9, the United States in sufficient and expressed interest in the project but
2015. On February 5, 2015, BRRI, a reasonably available quantities and of a noted that it is headquartered in New
Canadian firm, submitted a Certificate of satisfactory quality. This waiver is Zealand and that a majority of the
Non-Compliance because the final limited to a single procurement by products supplied for the project would
assembly of the equipment would take KCATA for the DMR Tier III Trunked be assembled in New Zealand, making
place in Canada, although content of the UHF Voice radio system. them non-compliant with Buy America.
material used would be 77% domestic Neither KCATA nor FTA has
DATES: This waiver is effective
origin. identified any companies in the United
immediately.
MNR did extensive follow-up after States that can meet the Buy America
receiving only one bid, including FOR FURTHER INFORMATION CONTACT:
requirements for this project. FTA also
contacting seven vendors who did not Laura Ames, FTA Attorney-Advisor, at conducted a scouting search for a U.S.
submit bids and undertaking research to (202) 366–2743 or laura.ames@dot.gov. manufacturer of a comparable radio
determine whether a CWP that met both SUPPLEMENTARY INFORMATION: The system through its Interagency
the domestic content and the final purpose of this notice is to announce Agreement with the U.S. Department of
assembly requirements of Buy America that FTA has granted a Buy America Commerce’s National Institute of
was available. One company that did non-availability waiver for KCATA’s Standards and Technology (NIST). The
not submit a bid stated that although it procurement of a DMR Tier III Trunked scouting search did not result in
could meet the Buy America UHF radio system under 49 U.S.C. identifying any domestic manufacturers
requirements, it was not interested in 5323(j)(2)(B) and 49 CFR 661.7(c). who could provide the equipment
bidding on the project at this time. With certain exceptions, FTA’s Buy required by KCATA.
Accordingly, MNR requested a non- America requirements prevent FTA On Wednesday, March 22, 2016, and
availability waiver of the Buy America from obligating an amount that may be in accordance with 49 U.S.C.
requirements for final assembly appropriated to carry out its program for 5323(j)(3)(A), FTA published a notice in
pursuant to 49 U.S.C. 5323 (j)(2)(B). a project unless ‘‘the steel, iron, and the Federal Register (81 FR 15410)
On March 22, 2016, and in manufactured goods used in the project requesting public comment on, among
accordance with 49 U.S.C. 5323(j)(3)(A), are produced in the United States.’’ 49 other topics, the merits of KCATA’s
FTA published a notice in the Federal U.S.C. 5323(j)(1). A manufactured waiver request and potential effects of
Register announcing the MNR Buy product is considered produced in the granting the waiver. The public
America waiver request (81 FR 15407), United States if: (1) All of the comment period closed on March 29,
seeking comment from all interested manufacturing processes for the product 2016. FTA received only once comment.
parties, including potential vendors and take place in the United States; and (2) Selex ES, a subsidiary of an Italian
suppliers. The comment period closed all of the components of the product are company with its North America
on March 29, 2016, and no comments of U.S. origin. A component is headquarters in Overland Park, Kansas,
were received. Based on the considered of U.S. origin if it is commented that although it did not
representations from MNR and the lack manufactured in the United States, submit a proposal to KCATA’s RFP, it
of any comments, FTA is granting a regardless of the origin of its can supply a DMR Tier III Trunked
non-availability waiver for final subcomponents. 49 CFR 661.5(d). If, Radio Systems similar to the system
assembly only of the CWP. This waiver however, FTA determines that ‘‘the proposed by Tait, arguing that Selex ES
is limited to the final assembly steel, iron, and goods produced in the is a ‘‘local’’ option for KCATA.
mstockstill on DSK4VPTVN1PROD with NOTICES
requirement for a single procurement of United States are not produced in a Although Selex ES markets, designs,
the CWP described above by MNR. sufficient and reasonably available stages, ships, and services DMR Tier III
amount or are not of a satisfactory Trunked Radio Systems and is based in
Issued on April 14, 2016. Kansas, Selex ES does not provide a
quality,’’ then FTA may issue a non-
Dana Nifosi, availability waiver. 49 U.S.C. system that is compliant with FTA’s
Deputy Chief Counsel. 5323(j)(2)(B); 49 CFR 661.7(c). Buy America requirement for
[FR Doc. 2016–08978 Filed 4–18–16; 8:45 am] KCATA provides public manufactured goods. As noted above,
BILLING CODE 4910–57–P transportation services in the Kansas Buy America applies to manufactured
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![Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices 23077
goods, not services. Additionally, Selex non-availability waiver for DTC for the Delta, however, cannot comply with
ES did not participate in the initial RFP procurement of the switch, under 49 Buy America requirements because the
offered by KCATA. If Selex ES had bid U.S.C. 5323(j)(2)(B) and 49 CFR only manufacturer of the switch is a
on KCATA’s RFP it too would have 661.7(c). German company. To change the
needed a non-availability waiver of the With certain exceptions, FTA’s Buy manufacturer, Delta would need to re-
Buy America requirements. America requirements prevent FTA engineer the switch and modify the
Therefore, based on the information from obligating an amount that may be ‘‘frog’’ section and guideway elements;
supplied in support of KCATA’s request appropriated to carry out its program for this design would need to be certified.
for a Buy America waiver for the DMR a project unless ‘‘the steel, iron, and Delta would then need to locate a
Tier III Trunked UHF Voice radio manufactured goods used in the project domestic source to manufacture the re-
system that is compatible with its are produced in the United States.’’ 49 engineered switch. Upon installation,
current system, including NIST’s U.S.C. 5323(j)(1). A manufactured the proprietary software designer of the
inability to locate a domestic product is considered produced in the automated control train system would
manufacturer that currently produces a United States if: (1) All of the need to certify the switch’s performance
similar system and that no other entity manufacturing processes for the product in order to ensure it could be safely
was able to establish that it makes a Buy take place in the United States; and (2) used with the existing guideway switch
America complaint system, FTA hereby all of the components of the product are machines.
waives its Buy America requirements of U.S. origin. A component is On March 22, 2016, and in
for the DMR Tier III Trunked UHF Voice considered of U.S. origin if it is accordance with 49 U.S.C. 5323(j)(3)(A),
radio system on the grounds that the manufactured in the United States, FTA published a notice in the Federal
manufactured product is not available regardless of the origin of its Register announcing the DTC Buy
in the U.S. This waiver is limited to a subcomponents. 49 CFR 661.5(d). If, America waiver request (81 FR 15406),
single procurement for the DMR Tier III however, FTA determines that ‘‘the seeking comment from all interested
Trunked UHF Voice radio system by steel, iron, and goods produced in the parties, including potential vendors and
KCATA. United States are not produced in a suppliers. The comment period closed
sufficient and reasonably available on March 29, 2016, and no comments
Issued on April 14, 2016.
amount or are not of a satisfactory were received.
Dana Nifosi, quality,’’ then FTA may issue a non-
Deputy Chief Counsel. Based on the representations of DTC
availability waiver. 49 U.S.C. and the lack of any comments, FTA is
[FR Doc. 2016–08989 Filed 4–18–16; 8:45 am] 5323(j)(2)(B); 49 CFR 661.7(c). ‘‘It will granting a non-availability waiver for
BILLING CODE 4910–57–P be presumed that the conditions exist to the procurement of the switch described
grant this non-availability waiver if no above, on the grounds that the
responsive and responsible bid is manufactured product is not available
DEPARTMENT OF TRANSPORTATION received offering an item produced in in the U.S. This waiver is limited to a
the United States.’’ 49 CFR 661.7(c)(1). single procurement of the switch
Federal Transit Administration DTC is the owner and operator of the
described above by DTC.
[Docket No. FTA–2016–0005] Detroit People Mover, which is the
largest municipal rail system in Issued on April 14, 2016.
Notice of Buy America Waiver for Michigan. It is a fully automated light Dana Nifosi,
Special Trackwork Turnout Switch rail system that operates twelve rail cars Deputy Chief Counsel.
Components. between thirteen passenger stations on [FR Doc. 2016–08988 Filed 4–18–16; 8:45 am]
AGENCY: Federal Transit Administration, an elevated single track in a 2.9 mile BILLING CODE 4910–57–P
DOT. loop in Detroit’s central business
district. In March 2015, DTC solicited
ACTION: Notice of Buy America waiver. bids to procure special trackwork switch DEPARTMENT OF TRANSPORTATION
SUMMARY: In response to the request of point for Turnout 3, which is located
the Detroit Transportation Corporation adjacent to the Maintenance Facility Federal Transit Administration
(DTC) for a Buy America non- Building and provides access to the
[Docket No. FTA–2016–0004]
availability waiver for the procurement building. The special trackwork of
of two special trackwork turnout switch concern was originally procured from Notice of Buy America Waiver for
components (switch), the Federal Germany (by Krupp Stahl AG) and is of Ductless Mini-Split Air Conditioning
Transit Administration (FTA) hereby European standards, using AREMA Systems
waives its Buy America requirements, 115RE rail throughout the turnout with
finding that the materials for which the special 60E1A1 (formerly Zu-160) track AGENCY: Federal Transit Administration,
waiver is requested are not produced in point section. The project includes DOT.
the United States in sufficient and replacing stock rails that connect the ACTION: Notice of Buy America waiver.
reasonably available quantities and of switch point section to the original
satisfactory quality. This waiver is running rails, as well as rubber pads; SUMMARY: In response to requests
limited to the procurement by DTC for both the rails and pads will be sourced received from the Indianapolis Public
the switch. domestically. The waiver only applies Transportation Corporation (IPTC) for a
to the switch component of the project. Buy America non-availability waiver for
DATES: This waiver is effective
mstockstill on DSK4VPTVN1PROD with NOTICES
DTC issued the first RFP in March the procurement of an inverter-driven
immediately. 2015 to thirteen companies. DTC ductless mini-split system air
FOR FURTHER INFORMATION CONTACT: received no responses. It contacted all conditioner; the York Adams
Laura Ames, FTA Attorney-Advisor, at the companies, and reissued the RFP in Transportation Authority (YATA) for
(202) 366–2743 or Laura.Ames@dot.gov. May 2015 to six firms that expressed an ductless split system air conditioning
SUPPLEMENTARY INFORMATION: The interest in the project. From this RFP, units; the Key West Transit (KWT) for
purpose of this notice is to announce DTC only received one proposal, from a ductless mini-split mechanical system
that FTA has granted a Buy America Delta Railroad Construction, Inc. (Delta). for the City of Key West Public
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Document Created: 2016-04-19 00:16:08
Document Modified: 2016-04-19 00:16:08
| 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 | This waiver is effective immediately. | |
| Contact | Laura Ames, FTA Attorney-Advisor, at (202) 366-2743 or [email protected] | |
| FR Citation | 81 FR 23076 |
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