81_FR_35223 81 FR 35118 - Notice of Buy America Waiver

81 FR 35118 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range35118-35120
FR Document2016-12834

This notice provides NHTSA's finding with respect to a request to waive the requirements of Buy America from the New York Governor's Traffic Safety Committee (GTSC). NHTSA finds that a non-availability waiver of the Buy America requirement is appropriate for New York's purchase of a liquid chromatography-tandem mass spectrometry instrument using Federal highway traffic safety grant funds because that product is not produced in the United States.

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016)
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35118-35120]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12834]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0063]


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 requirements of Buy America from the New York Governor's 
Traffic Safety Committee (GTSC). NHTSA finds that a non-availability 
waiver of the Buy America requirement is appropriate for New York's 
purchase of a liquid chromatography-tandem mass spectrometry instrument 
using Federal highway traffic safety grant funds because that product 
is not produced in the United States.

DATES: The effective date of this waiver is June 16, 2016. Written 
comments

[[Page 35119]]

regarding this notice may be submitted to NHTSA and must be received on 
or before: June 16, 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 the GTSC to purchase a liquid chromatography-tandem mass 
spectrometry device and its accessories for approximately $400,000 
using grant funds authorized under 23 U.S.C. 405(d). Section 405(d) 
funds are available for use by State highway safety programs to support 
effective programs to reduce driving under the influence of alcohol, 
drugs, or the combination of alcohol and drugs, including enforcement 
efforts. 23 U.S.C. 405(d). States may use Section 405(d) grant funds to 
improve blood-alcohol concentration testing and reporting and 
developing impaired driving information systems. 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 
NHTSA finds ``(1) that their application would be inconsistent with the 
public interest; (2) that such materials and products are not produced 
in the United States in sufficient and reasonably available quantities 
and of a satisfactory quality; or (3) that 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).
    The New York GTSC seeks a waiver to purchase a liquid 
chromatography-tandem mass spectrometry device (LC/MS/MS system) using 
Federal grant funds to be used by the New York State Police Forensic 
Investigation Center's Toxicology Section (FIC) to analyze drugs in 
impaired driving case samples. The cost of a LC/MS/MS system is 
approximately $400,000.
    Liquid chromatography-tandem mass spectrometry is an analytical 
chemistry technique that combines the physical separation capabilities 
of liquid chromatography with the mass analysis capabilities of mass 
spectrometry. It is a technique that has very high sensitivity and 
selectivity that is oriented towards the separation, general detection 
and potential identification of chemicals of particular masses in the 
presence of other chemicals. This complex analytical technique involves 
two separate but connected instruments. These two instruments are each 
comprised of advanced scientific equipment, and this equipment is 
essential for the function of the entire LC/MS/MS system. The liquid 
chromatograph (LC) portion performs the chromatography part of the 
analysis that separates the drugs of interest from any interferences in 
the sample and passes them to a detector at known time intervals. Some 
essential pieces of equipment within the LC system are the autosampler, 
which is used to inject all the samples, the pump used to control the 
mobile phase flow rate, the mixer used to precisely blend the mobile 
phases, and the degasser used to remove air from the mobile phase. The 
detector, a tandem mass spectrometer (MS/MS), uniquely identifies the 
drug by comparing its fragmentation pattern to a known library match. 
Some of the essential equipment within the MS/MS system are the rotary 
pump used to create a vacuum environment, the source used to fragment 
the drug into ions, the quadrupole mass analyzers used to filter the 
desired fragmented ions, the collision cell used to further fragment 
the filtered drug parent ions, and the ion detector (electron 
multiplier) used to detect every ion of selected mass that passes 
through the quadrupoles. In addition, a computer system with advanced 
software is used to control the entire LC/MS/MS instrument to provide 
more accurate reporting of the findings.
    In support of its waiver request, GTSC states it seeks to purchase 
the LC/MS/MS instrument to replace a gas chromatography-mass 
spectrometry (GC/MS). GTSC adds that while GC/MS has long been an 
effective technique for the analysis of blood and urine for trace 
levels of drugs, LC/MS/MS has emerged in recent years as the preferred 
instrumentation. It adds that the benefits of LC/MS/MS are numerous, 
including increased sensitivity (which reduces sample consumption and 
lowers detection limits), fewer interferences from other drugs or 
metabolites (which can potentially reduce the number of inconclusive 
results), quicker and easier sample preparation, and faster run times. 
According to GTSC, these advantages can help to reduce overall 
turnaround time and give the analysts more time for additional 
casework. GTSC adds that the FIC is one of the only toxicology labs in 
the state that does not currently have an LC/MS/MS instrument and is 
unable to meet current driving under the influence detection guidelines 
for detection limits for many of the drug assays using a GC/MS 
instrument.
    The GTSC claims that there are no LC/MS/MS instruments manufactured 
or assembled in the United States. It states that Agilent Technologies, 
Waters Corporation, AB Sciex (a subsidiary of Danaher Corporation), 
Thermo Fisher Scientific and Shimadzu are the only manufacturers that 
offer a full LC/MS/MS instrument that are proven within the forensic 
toxicology community. The GTSC adds that it compared the available LC/
MS/MS instruments' relative cost, size, service and training packages, 
pre-existing methods, method transfer (within the forensic toxicology 
community), technical capability, software, LC and MS/MS compatibility, 
and country of origin. Although the features of the instruments vary, 
GTSC states that the critical needs for the FIC are size, pre-existing 
methods, and method transfer ability. First, the LC/MS/MS instrument 
must meet the available space in the FIC laboratory. According to the 
GTSC, the FIC plans to purchase a second instrument within a few years 
to support additional casework. The GTSC identified three

[[Page 35120]]

manufacturers (Waters, AB Sciex and Thermo Fisher Scientific) that 
produce an instrument that is small enough for two instruments to fit 
within the FIC laboratory. Second, the GTSC identified four 
manufacturers that have forensic toxicology packages that are included 
with the software, that contain pre-loaded methods that are already 
developed and are widely used in the toxicology community. According to 
GTSC, this last feature is critical since it will permit the FIC to 
communicate with other labs for assistance with methods and 
troubleshooting, which would save considerable time and resources. GTSC 
states that Waters, Agilent, AB Sciex and Thermo Fisher Scientific meet 
its pre-existing methods and transfer methods requirements.
    NHTSA conducted similar assessments \1\ and was unable to locate 
domestic manufacturers of LC/MS/MS instruments with the specifications 
required by GTSC. Based upon New York GTSC's and NHTSA's analysis, 
NHTSA is unaware of an LC/MS/MS instrument that is manufactured 
domestically. Since an LC/MS/MS instrument is unavailable from a 
domestic manufacturer and the equipment would improve blood-alcohol 
testing and reporting by increasing detection, reducing drug 
interference, and increasing processing speed to advance the purpose of 
23 U.S.C. 405(d), a Buy America waiver is appropriate. NHTSA invites 
public comment on this conclusion.
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    \1\ NHTSA conducted internet searches, reviewed manufacturer Web 
sites, public information, and reviewed several Web sites that 
catalog domestic-made products (www.usaonly.us; 
www.americansworking.com; www.madeinamericaforever.com; and 
www.madeinusa.org) to locate domestically made LC/MS/MS instruments.
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    We note that NHTSA highway safety grant funds are intended to 
support traffic safety programs in the States. The goal of the impaired 
driving countermeasures grant is to have States adopt and implement 
effective programs to reduce driving under the influence of alcohol, 
drugs, or the combination of alcohol and drugs. Activities and 
equipment fully funded and purchased using NHTSA 405(d) grant funds 
must be used solely to support this goal. For all funded activities and 
equipment that have both related and unrelated highway safety grant 
components, the Federal share is based proportionately on the projected 
use for the highway safety grant purpose. Therefore, if a State plans 
to use an item of equipment 50 percent of the time to support its 
federally funded traffic safety program and 50 percent of the time to 
support unrelated state programs, the NHTSA participation cannot exceed 
50 percent of the total cost of the equipment.
    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 GTSC in order to purchase a LC/MS/MS 
instrument. This waiver is effective through fiscal year 2016 and 
expires at the conclusion of fiscal year 2016 (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 purchase of a LC/MS/MS 
instrument.
    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 decision to grant the GTSC 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; Pub. L. 110-244.

    Issued in Washington, DC, on May 25, 2016, under authority 
delegated in 49 CFR 1.95.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-12834 Filed 5-31-16; 8:45 am]
BILLING CODE 4910-59-P



                                                35118                            Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices

                                                change that are filed with the                            Regulatory Affairs, Office of                         on a first-come basis. Members of the
                                                Commission, and all written                               Management and Budget, New                            public wishing to attend the meeting
                                                communications relating to the                            Executive Office Building, Washington,                will need to show photo identification
                                                proposed rule change between the                          DC 20503.                                             in order to gain access to the meeting
                                                Commission and any person, other than                     FOR FURTHER INFORMATION CONTACT:                      location.
                                                those that may be withheld from the                       Curtis Rich, Agency Clearance Officer,                FOR FURTHER INFORMATION CONTACT: The
                                                public in accordance with the                             (202) 205–7030 curtis.rich@sba.gov.                   BOV’s Designated Federal Officer or
                                                provisions of 5 U.S.C. 552, will be                          Copies: A copy of the Form OMB 83–                 Point of Contact Brian Blower; 202 366–
                                                available for Web site viewing and                        1, supporting statement, and other                    2765; Brian.Blower@dot.gov.
                                                printing in the Commission’s Public                       documents submitted to OMB for                        SUPPLEMENTARY INFORMATION: Any
                                                Reference Room, 100 F Street NE.,                         review may be obtained from the                       member of the public is permitted to file
                                                Washington, DC 20549, on official                         Agency Clearance Officer.                             a written statement with the Academy
                                                business days between the hours of                        SUPPLEMENTARY INFORMATION: The Small                  BOV. Written statements should be sent
                                                10:00 a.m. and 3:00 p.m. Copies of the                    Business Regulatory Enforcement                       to the Designated Federal Officer at:
                                                filing also will be available for                         Fairness Act of 1996, 15 U.S.C. Sec.                  Brian Blower; 1200 New Jersey Ave. SE.,
                                                inspection and copying at the principal                   657(b)(2)(B), requires the SBA National               W28–313, Washington, DC 20590 or via
                                                office of the Exchange. All comments                      Ombudsman to establish a means for                    email at Brian.Blower@Dot.gov. (Please
                                                received will be posted without change;                   SBA to receive comments on regulatory                 contact the Designated Federal Officer
                                                the Commission does not edit personal                     and compliance actions from small                     for information on submitting comments
                                                identifying information from                              entities regarding their disagreements                via fax.) Written statements must be
                                                submissions. You should submit only                       with a Federal Agency action. The                     received no later than three working
                                                information that you wish to make                         Ombudsman uses it to obtain the                       days prior to the next meeting in order
                                                available publicly. All submissions                       agency’s response, encourage a fresh                  to provide time for member
                                                should refer to File No. SR–BatsBYX–                      look by the agency at a high level, and               consideration. By rule, no member of
                                                2016–09, and should be submitted on or                    build a more small business-friendly                  the public attending open meetings will
                                                before June 22, 2016.                                     regulatory environment.                               be allowed to present questions from the
                                                  For the Commission, by the Division of                     Solicitation of Public Comments:                   floor or speak to any issue under
                                                Trading and Markets, pursuant to delegated                   Title: Federal Agency Comment Form.                consideration by the BOV.
                                                authority.18                                                 Description of Respondents: Small
                                                                                                                                                                  Authority: 46 U.S.C. 51312; 5 U.S.C. app.
                                                Brent J. Fields,                                          Entities.                                             552b; 41 CFR 102–3.140 through 102–3.165.
                                                Secretary.                                                   Form Number: 1993.
                                                [FR Doc. 2016–12781 Filed 5–31–16; 8:45 am]                  Estimated Annual Responses: 340.                     By Order of the Maritime Administrator.
                                                BILLING CODE 8011–01–P                                       Estimated Annual Hour Burden: 263.                   Dated: May 26, 2016.
                                                                                                          Curtis B. Rich,                                       T. Mitchell Hudson, Jr.,
                                                                                                          Management Analyst.                                   Secretary, Maritime Administration.
                                                SMALL BUSINESS ADMINISTRATION                             [FR Doc. 2016–12741 Filed 5–31–16; 8:45 am]           [FR Doc. 2016–12833 Filed 5–31–16; 8:45 am]
                                                                                                          BILLING CODE 8025–01–P                                BILLING CODE 4910–81–P
                                                Reporting and Recordkeeping
                                                Requirements Under OMB Review
                                                AGENCY:  Small Business Administration.                                                                         DEPARTMENT OF TRANSPORTATION
                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                ACTION: 30-Day notice.                                                                                          National Highway Traffic Safety
                                                                                                          Maritime Administration
                                                SUMMARY:   The Small Business                                                                                   Administration
                                                Administration (SBA) is publishing this                   U.S. Merchant Marine Academy Board                    [Docket No. NHTSA–2016–0063]
                                                notice to comply with requirements of                     of Visitors Meeting
                                                the Paperwork Reduction Act (PRA) (44                                                                           Notice of Buy America Waiver
                                                                                                          AGENCY: Maritime Administration.
                                                U.S.C. Chapter 35), which requires                                                                              AGENCY: National Highway Traffic
                                                agencies to submit proposed reporting                     ACTION: Meeting notice.
                                                                                                                                                                Safety Administration (NHTSA),
                                                and recordkeeping requirements to                         SUMMARY:   The U.S. Department of                     Department of Transportation (DOT).
                                                OMB for review and approval, and to                       Transportation, Maritime                              ACTION: Notice of Buy America Waiver.
                                                publish a notice in the Federal Register                  Administration (MARAD) announces
                                                notifying the public that the agency has                  that the following U.S. Merchant Marine               SUMMARY:   This notice provides
                                                made such a submission. This notice                       Academy (‘‘Academy’’) Board of                        NHTSA’s finding with respect to a
                                                also allows an additional 30 days for                     Visitors (BOV) meeting will take place:               request to waive the requirements of
                                                public comments.                                            1. Date: June 14, 2016.                             Buy America from the New York
                                                DATES: Submit comments on or before                         2. Time: 2:00 p.m.                                  Governor’s Traffic Safety Committee
                                                July 1, 2016.                                               3. Location: Capital Visitors Center,               (GTSC). NHTSA finds that a non-
                                                ADDRESSES: Comments should refer to                       Washington, DC Room to be                             availability waiver of the Buy America
                                                the information collection by name and/                   determined.                                           requirement is appropriate for New
                                                or OMB Control Number and should be                         4. Purpose of the Meeting: The                      York’s purchase of a liquid
sradovich on DSK3TPTVN1PROD with NOTICES




                                                sent to: Agency Clearance Officer, Curtis                 purpose of this meeting is to brief BOV               chromatography-tandem mass
                                                Rich, Small Business Administration,                      members on the Academy Advisory                       spectrometry instrument using Federal
                                                409 3rd Street SW., 5th Floor,                            Board’s annual report to the Secretary of             highway traffic safety grant funds
                                                Washington, DC 20416; and SBA Desk                        Transportation and the status of                      because that product is not produced in
                                                Officer, Office of Information and                        reaccreditation.                                      the United States.
                                                                                                            5. Public Access to the Meeting: This               DATES: The effective date of this waiver
                                                  18 17   CFR 200.30–3(a)(12).                            meeting is open to the public. Seating is             is June 16, 2016. Written comments


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                                                                             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices                                            35119

                                                regarding this notice may be submitted                  of 1982 (96 Stat. 2097) or [Title 23] and             used to filter the desired fragmented
                                                to NHTSA and must be received on or                     administered by the Department of                     ions, the collision cell used to further
                                                before: June 16, 2016.                                  Transportation, unless steel, iron, and               fragment the filtered drug parent ions,
                                                ADDRESSES: Written comments may be                      manufactured products used in such                    and the ion detector (electron
                                                submitted using any one of the                          project are produced in the United                    multiplier) used to detect every ion of
                                                following methods:                                      States.’’ 23 U.S.C. 313. However,                     selected mass that passes through the
                                                   • Mail: Docket Management Facility,                  NHTSA may waive those requirements                    quadrupoles. In addition, a computer
                                                M–30, U.S. Department of                                if NHTSA finds ‘‘(1) that their                       system with advanced software is used
                                                Transportation, West Building, Ground                   application would be inconsistent with                to control the entire LC/MS/MS
                                                Floor, Rm. W12–140, 1200 New Jersey                     the public interest; (2) that such                    instrument to provide more accurate
                                                Avenue SE., Washington, DC 20590.                       materials and products are not produced               reporting of the findings.
                                                   • Fax: Written comments may be                       in the United States in sufficient and                   In support of its waiver request, GTSC
                                                faxed to (202) 493–2251.                                reasonably available quantities and of a              states it seeks to purchase the LC/MS/
                                                   • Internet: To submit comments                       satisfactory quality; or (3) that the                 MS instrument to replace a gas
                                                electronically, go to the Federal                       inclusion of domestic material will                   chromatography-mass spectrometry
                                                regulations Web site at http://                         increase the cost of the overall project              (GC/MS). GTSC adds that while GC/MS
                                                www.regulations.gov. Follow the online                  contract by more than 25 percent.’’ 23                has long been an effective technique for
                                                instructions for submitting comments.                   U.S.C. 313(b).                                        the analysis of blood and urine for trace
                                                   • Hand Delivery: West Building                          The New York GTSC seeks a waiver                   levels of drugs, LC/MS/MS has emerged
                                                Ground Floor, Room W12–140, 1200                        to purchase a liquid chromatography-                  in recent years as the preferred
                                                New Jersey Avenue, SE., between 9 a.m.                  tandem mass spectrometry device (LC/                  instrumentation. It adds that the
                                                and 5 p.m. Eastern Time, Monday                         MS/MS system) using Federal grant                     benefits of LC/MS/MS are numerous,
                                                through Friday, except Federal holidays.                funds to be used by the New York State                including increased sensitivity (which
                                                   Instructions: All comments submitted                 Police Forensic Investigation Center’s                reduces sample consumption and
                                                in relation to this waiver must include                 Toxicology Section (FIC) to analyze                   lowers detection limits), fewer
                                                the agency name and docket number.                      drugs in impaired driving case samples.               interferences from other drugs or
                                                Please note that all comments received                  The cost of a LC/MS/MS system is                      metabolites (which can potentially
                                                will be posted without change to http://                approximately $400,000.                               reduce the number of inconclusive
                                                www.regulations.gov, including any                         Liquid chromatography-tandem mass                  results), quicker and easier sample
                                                personal information provided. You                      spectrometry is an analytical chemistry               preparation, and faster run times.
                                                may also call the Docket at 202–366–                    technique that combines the physical                  According to GTSC, these advantages
                                                9324.                                                   separation capabilities of liquid                     can help to reduce overall turnaround
                                                                                                        chromatography with the mass analysis                 time and give the analysts more time for
                                                FOR FURTHER INFORMATION CONTACT: For
                                                                                                        capabilities of mass spectrometry. It is a            additional casework. GTSC adds that
                                                program issues, contact Barbara Sauers,                 technique that has very high sensitivity              the FIC is one of the only toxicology
                                                Office of Regional Operations and                       and selectivity that is oriented towards              labs in the state that does not currently
                                                Program Delivery, NHTSA (phone: 202–                    the separation, general detection and                 have an LC/MS/MS instrument and is
                                                366–0144). For legal issues, contact                    potential identification of chemicals of              unable to meet current driving under
                                                Andrew DiMarsico, Office of Chief                       particular masses in the presence of                  the influence detection guidelines for
                                                Counsel, NHTSA (phone: 202–366–                         other chemicals. This complex                         detection limits for many of the drug
                                                5263). You may send mail to these                       analytical technique involves two                     assays using a GC/MS instrument.
                                                officials at the National Highway Traffic               separate but connected instruments.                      The GTSC claims that there are no
                                                Safety Administration, 1200 New Jersey                  These two instruments are each                        LC/MS/MS instruments manufactured
                                                Avenue SE., Washington, DC 20590.                       comprised of advanced scientific                      or assembled in the United States. It
                                                SUPPLEMENTARY INFORMATION: This                         equipment, and this equipment is                      states that Agilent Technologies, Waters
                                                notice provides NHTSA’s finding that a                  essential for the function of the entire              Corporation, AB Sciex (a subsidiary of
                                                waiver of the Buy America requirement,                  LC/MS/MS system. The liquid                           Danaher Corporation), Thermo Fisher
                                                23 U.S.C. 313, is appropriate for the                   chromatograph (LC) portion performs                   Scientific and Shimadzu are the only
                                                GTSC to purchase a liquid                               the chromatography part of the analysis               manufacturers that offer a full LC/MS/
                                                chromatography-tandem mass                              that separates the drugs of interest from             MS instrument that are proven within
                                                spectrometry device and its accessories                 any interferences in the sample and                   the forensic toxicology community. The
                                                for approximately $400,000 using grant                  passes them to a detector at known time               GTSC adds that it compared the
                                                funds authorized under 23 U.S.C.                        intervals. Some essential pieces of                   available LC/MS/MS instruments’
                                                405(d). Section 405(d) funds are                        equipment within the LC system are the                relative cost, size, service and training
                                                available for use by State highway safety               autosampler, which is used to inject all              packages, pre-existing methods, method
                                                programs to support effective programs                  the samples, the pump used to control                 transfer (within the forensic toxicology
                                                to reduce driving under the influence of                the mobile phase flow rate, the mixer                 community), technical capability,
                                                alcohol, drugs, or the combination of                   used to precisely blend the mobile                    software, LC and MS/MS compatibility,
                                                alcohol and drugs, including                            phases, and the degasser used to remove               and country of origin. Although the
                                                enforcement efforts. 23 U.S.C. 405(d).                  air from the mobile phase. The detector,              features of the instruments vary, GTSC
                                                States may use Section 405(d) grant                     a tandem mass spectrometer (MS/MS),                   states that the critical needs for the FIC
                                                funds to improve blood-alcohol                          uniquely identifies the drug by                       are size, pre-existing methods, and
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                                                concentration testing and reporting and                 comparing its fragmentation pattern to a              method transfer ability. First, the LC/
                                                developing impaired driving                             known library match. Some of the                      MS/MS instrument must meet the
                                                information systems. Id.                                essential equipment within the MS/MS                  available space in the FIC laboratory.
                                                   Buy America provides that NHTSA                      system are the rotary pump used to                    According to the GTSC, the FIC plans to
                                                ‘‘shall not obligate any funds authorized               create a vacuum environment, the                      purchase a second instrument within a
                                                to be appropriated to carry out the                     source used to fragment the drug into                 few years to support additional
                                                Surface Transportation Assistance Act                   ions, the quadrupole mass analyzers                   casework. The GTSC identified three


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                                                35120                        Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices

                                                manufacturers (Waters, AB Sciex and                     unrelated state programs, the NHTSA                   questions, please call OCC Licensing
                                                Thermo Fisher Scientific) that produce                  participation cannot exceed 50 percent                Activities at (202) 649–6260.
                                                an instrument that is small enough for                  of the total cost of the equipment.                     Dated: May 24, 2016.
                                                two instruments to fit within the FIC                      In light of the above discussion, and
                                                                                                                                                                By the Office of the Comptroller of the
                                                laboratory. Second, the GTSC identified                 pursuant to 23 U.S.C. 313(b)(2), NHTSA                Currency.
                                                four manufacturers that have forensic                   finds that it is appropriate to grant a
                                                                                                                                                              Stephen A. Lybarger,
                                                toxicology packages that are included                   waiver from the Buy America
                                                                                                                                                              Deputy Comptroller for Licensing.
                                                with the software, that contain pre-                    requirements to GTSC in order to
                                                loaded methods that are already                         purchase a LC/MS/MS instrument. This                  [FR Doc. 2016–12839 Filed 5–31–16; 8:45 am]
                                                developed and are widely used in the                    waiver is effective through fiscal year               BILLING CODE 4810–33–P

                                                toxicology community. According to                      2016 and expires at the conclusion of
                                                GTSC, this last feature is critical since               fiscal year 2016 (September 30, 2016). In
                                                it will permit the FIC to communicate                   accordance with the provisions of                     DEPARTMENT OF THE TREASURY
                                                with other labs for assistance with                     Section 117 of the Safe, Accountable,                 Submission for OMB Review;
                                                methods and troubleshooting, which                      Flexible, Efficient Transportation Equity             Comment Request
                                                would save considerable time and                        Act: A Legacy of Users Technical
                                                resources. GTSC states that Waters,                     Corrections Act of 2008 (Pub. L. 110–                 May 25, 2016.
                                                Agilent, AB Sciex and Thermo Fisher                     244, 122 Stat. 1572), NHTSA is                           The Department of the Treasury will
                                                Scientific meet its pre-existing methods                providing this notice as its finding that             submit the following information
                                                and transfer methods requirements.                      a waiver of the Buy America                           collection requests to the Office of
                                                   NHTSA conducted similar                              requirements is appropriate for the                   Management and Budget (OMB) for
                                                assessments 1 and was unable to locate                  purchase of a LC/MS/MS instrument.                    review and clearance in accordance
                                                domestic manufacturers of LC/MS/MS                         Written comments on this finding                   with the Paperwork Reduction Act of
                                                instruments with the specifications                     may be submitted through any of the                   1995, Public Law 104–13, on or after the
                                                required by GTSC. Based upon New                        methods discussed above. NHTSA may                    date of publication of this notice.
                                                York GTSC’s and NHTSA’s analysis,                       reconsider this finding if, through                   DATES: Comments should be received on
                                                NHTSA is unaware of an LC/MS/MS                         comment, it learns of additional                      or before July 1, 2016 to be assured of
                                                instrument that is manufactured                         relevant information regarding its                    consideration.
                                                domestically. Since an LC/MS/MS                         decision to grant the GTSC waiver                     ADDRESSES: Send comments regarding
                                                instrument is unavailable from a                        request.
                                                domestic manufacturer and the                                                                                 the burden estimates, or any other
                                                                                                           This finding should not be construed
                                                equipment would improve blood-                                                                                aspect of the information collections,
                                                                                                        as an endorsement or approval of any
                                                alcohol testing and reporting by                                                                              including suggestions for reducing the
                                                                                                        products by NHTSA or the U.S.
                                                increasing detection, reducing drug                                                                           burden, to (1) Office of Information and
                                                                                                        Department of Transportation. The
                                                interference, and increasing processing                                                                       Regulatory Affairs, Office of
                                                                                                        United States Government does not
                                                speed to advance the purpose of 23                                                                            Management and Budget, Attention:
                                                                                                        endorse products or manufacturers.
                                                U.S.C. 405(d), a Buy America waiver is                                                                        Desk Officer for Treasury, New
                                                                                                          Authority: 23 U.S.C. 313; Pub. L. 110–161;          Executive Office Building, Room 10235,
                                                appropriate. NHTSA invites public                       Pub. L. 110–244.
                                                comment on this conclusion.                                                                                   Washington, DC 20503, or email at
                                                   We note that NHTSA highway safety                      Issued in Washington, DC, on May 25,                OIRA_Submission@OMB.EOP.gov and
                                                                                                        2016, under authority delegated in 49 CFR             (2) Treasury PRA Clearance Officer,
                                                grant funds are intended to support
                                                                                                        1.95.                                                 1750 Pennsylvania Ave. NW., Suite
                                                traffic safety programs in the States. The
                                                                                                        Paul A. Hemmersbaugh,                                 8117, Washington, DC 20220, or email
                                                goal of the impaired driving
                                                countermeasures grant is to have States                 Chief Counsel.                                        at PRA@treasury.gov.
                                                adopt and implement effective programs                  [FR Doc. 2016–12834 Filed 5–31–16; 8:45 am]           FOR FURTHER INFORMATION CONTACT:
                                                to reduce driving under the influence of                BILLING CODE 4910–59–P                                Copies of the submissions may be
                                                alcohol, drugs, or the combination of                                                                         obtained by emailing PRA@treasury.gov,
                                                alcohol and drugs. Activities and                                                                             calling (202) 622–1295, or viewing the
                                                equipment fully funded and purchased                    DEPARTMENT OF THE TREASURY                            entire information collection request at
                                                using NHTSA 405(d) grant funds must                                                                           www.reginfo.gov.
                                                be used solely to support this goal. For                Office of the Comptroller of the
                                                                                                                                                              Internal Revenue Service (IRS)
                                                all funded activities and equipment that                Currency
                                                have both related and unrelated                                                                                 OMB Control Number: 1545–1546.
                                                                                                        [OCC Charter Number 703395]
                                                highway safety grant components, the                                                                            Type of Review: Extension of a
                                                Federal share is based proportionately                  Illinois-Service Federal Savings and                  previously approved collection.
                                                on the projected use for the highway                    Loan Association, Chicago, Illinois;                    Title: Revenue Procedure 97–33,
                                                safety grant purpose. Therefore, if a                   Approval of Conversion Application                    EFTPS (Electronic Federal Tax Payment
                                                State plans to use an item of equipment                                                                       System).
                                                50 percent of the time to support its                      Notice is hereby given that on April                 Abstract: Some taxpayers are required
                                                federally funded traffic safety program                 25, 2016, the Office of the Comptroller               by regulations issued under Sec. 6302
                                                and 50 percent of the time to support                   of the Currency (OCC) approved the                    (h) of the Internal Revenue Code to
                                                                                                        application of Illinois-Service Federal               make Federal Tax Deposits (FTDs) using
sradovich on DSK3TPTVN1PROD with NOTICES




                                                  1 NHTSA conducted internet searches, reviewed         Savings and Loan Association, Chicago,                the Electronic Federal Tax Payment
                                                manufacturer Web sites, public information, and         Illinois, to convert to the stock form of             System (EFTPS). Other taxpayers may
                                                reviewed several Web sites that catalog domestic-       organization. Copies of the application               choose to voluntarily participate in
                                                made products (www.usaonly.us;                          are available for inspection on the OCC               EFTPS. EFTPS requires that a taxpayer
                                                www.americansworking.com;
                                                www.madeinamericaforever.com; and
                                                                                                        Web site at the FOIA Electronic Reading               complete an enrollment form to provide
                                                www.madeinusa.org) to locate domestically made          Room https://foia-pal.occ.gov/                        the information the IRS needs to
                                                LC/MS/MS instruments.                                   palMain.aspx. If you have any                         properly credit the taxpayer’s account.


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Document Created: 2018-02-08 07:27:24
Document Modified: 2018-02-08 07:27:24
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 June 16, 2016. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: June 16, 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 35118 

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