81_FR_50200 81 FR 50054 - Notice of Buy America Waiver

81 FR 50054 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 146 (July 29, 2016)

Page Range50054-50056
FR Document2016-17972

This notice provides NHTSA's finding with respect to a request to waive the requirements of Buy America from the New Hampshire Office of Highway Safety (New Hampshire). NHTSA finds that a non-availability waiver of the Buy America requirement is appropriate for the purchase of five (5) Sokia SX Robotic total stations using Federal highway traffic safety grant funds because there are no suitable products produced in the United States.

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 50054-50056]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17972]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA--2016-0080]


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 New Hampshire Office 
of Highway Safety (New Hampshire). NHTSA finds that a non-availability 
waiver of the Buy America requirement is appropriate for the purchase 
of five (5) Sokia SX Robotic total stations 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 August 15, 2016. Written 
comments regarding this notice may be submitted to NHTSA and must be 
received on or before: August 15, 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 New Hampshire to purchase five (5) Sokia SX Robotic total stations. 
The cost for all five stations amount to $135,000 using grant funds 
authorized under 23 U.S.C. 402 and 405(d). 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,

[[Page 50055]]

driving while impaired by alcohol and or drugs, motorcycle accidents, 
school bus accidents, unsafe driving behavior and improve law 
enforcement services in motor vehicle accident prevention, traffic 
supervision, and post-accident procedures. 23 U.S.C. 402(a). Section 
402 funds are also available to states for accident investigations to 
determine the probable causes of accidents, injuries and deaths. Id. 
Section 405(d) funds are available for section 402 activities provided 
that a State has adopted and is enforcing a mandatory alcohol-ignition 
interlock law for all individuals convicted of driving under the 
influence of alcohol or of driving while intoxicated. 23 U.S.C. 
405(d)(6).
    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).
    New Hampshire seeks a waiver to purchase five (5) Sokia SX Robotic 
total stations for the New Hampshire State Police, Collision Analysis 
and Reconstruction Division using Federal grant funds at a cost of 
$135,000 for all five. 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 New Hampshire, a total 
station is an important piece of forensic mapping equipment that is 
used as an on-scene reconstruction tool that assists in determining the 
cause of a crash and can support crash investigations in a timely, 
efficient manner, allowing for quicker highway clearance and traffic 
flow. The total station is designed to gather evidence of events, 
leading up to, during and following a crash.
    New Hampshire notes that there are three types of total stations: 
Basic, Reflectorless and Robotic. A basic total station consists of a 
control head, prism (reflector), data collector, and requires two 
people to operate. A reflectorless total station contains the same 
equipment, but, it can be used without the prism in a single person 
operation that still requires manual operation. The robotic total 
station contains some of the same equipment as the basic and 
reflectorless total stations, however, the control head is robotic and 
motorized allowing it to track the prism and focus automatically making 
the robotic total station easy to use by one individual without having 
to operate it manually.
    Based upon its experience, New Hampshire states that the Sokkia 
Robotic Total Station is the most efficient piece of equipment to 
complete investigations, clear highways, and continue the normal flow 
of traffic. New Hampshire adds that the robotic total station is twice 
as fast as the basic and reflectorless total stations.
    New Hampshire asserts that there are no total station models that 
are manufactured or assembled in the United States. In support of its 
waiver, New Hampshire states it conducted extensive due diligence and 
found there are no robotic total station models that are manufactured 
or assembled in the United States.
    On November 19, 2015, NHTSA published its decision to waive the 
requirements of Buy America for the North Carolina Highway Safety 
Office to purchase a Nikon Nivo 5M plus Reflectorless total station. 
See 80 FR 72480. 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. On March 10, 
2016, NHTSA published its determination that it was appropriate to 
grant a waiver from the Buy America requirements to the Maine Bureau of 
Highway Safety in order to purchase a Leica reflectorless total 
station. 81 FR 12780-81 (March 10, 2016). The agency did not receive 
any comments in response to these two notices that would inform it that 
there are domestic manufacturers of total stations. At this time, the 
agency is unaware of any type of total station (Basic, Reflectorless 
and Robotic) produced domestically.
---------------------------------------------------------------------------

    \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); Nikon (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).
---------------------------------------------------------------------------

    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-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 NHTSA's recent market analysis, and lack of comment in 
response to our two prior notices on total stations, we are unaware of 
any total station equipment (Basic, Reflectorless and Robotic) 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 and 405(d), 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 New Hampshire in order to purchase the 
robotic total station equipment. This waiver applies to New Hampshire 
to purchase five (5) Sokia SX Robotic total stations for the purposes 
mentioned herein, and all other states seeking to use sections 402 and 
405(d) funds for these types of total stations. 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

[[Page 50056]]

America requirements is appropriate for the Sokia SX Robotic 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 New Hampshire'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 July 25, 2016 under authority 
delegated in 49 CFR part 1.95.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-17972 Filed 7-28-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                50054                            Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                SECRET classified sessions. Eligibility                  enrollment process. Approved VISA                          Buy America from the New Hampshire
                                                for VISA participation will be                           participants will be responsible for                       Office of Highway Safety (New
                                                terminated if a key representative does                  ensuring that information submitted                        Hampshire). NHTSA finds that a non-
                                                not have a clearance, an applicant is                    with their application remains up to                       availability waiver of the Buy America
                                                rejected for a facility clearance by DSS,                date after the approval process. If                        requirement is appropriate for the
                                                or the applicant fails to complete the                   charter agreements are due to expire,                      purchase of five (5) Sokia SX Robotic
                                                clearance process in a timely manner.                    participants must provide MARAD with                       total stations using Federal highway
                                                                                                         charters that extend the charter duration                  traffic safety grant funds because there
                                                Application for VISA Participation
                                                                                                         for another 12 months or longer.                           are no suitable products produced in the
                                                   New applicants may apply to                             After VISA eligibility is approved by                    United States.
                                                participate by obtaining a VISA                          MARAD, approved applicants are                             DATES: The effective date of this waiver
                                                application package (Form MA–1020                        required to execute a VISA Contingency                     is August 15, 2016. Written comments
                                                (OMB Approval No. 2133–0532)) from                       Contract with the USTRANSCOM in a                          regarding this notice may be submitted
                                                the Director, Office of Sealift Support.                 timely manner. The USTRANSCOM                              to NHTSA and must be received on or
                                                Form MA–1020 includes instructions                       VISA Contingency Contract will specify                     before: August 15, 2016.
                                                for completing and submitting the                        the following: Participant’s Stage III                     ADDRESSES: Written comments may be
                                                application, blank VISA Application                      commitment, and appropriate Stage I                        submitted using any one of the
                                                forms and a request for information                      and/or II commitments for the period                       following methods:
                                                regarding the operations and U.S.                        October 1, 2016 through September 30,                         • Mail: Docket Management Facility,
                                                citizenship of the applicant company. A                  2017; Drytime Contingency terms and                        M–30, U.S. Department of
                                                copy of the VISA document as                             conditions; and Liner Contingency                          Transportation, West Building, Ground
                                                published in the Federal Register on                     terms and conditions, if applicable. If                    Floor, Rm. W12–140, 1200 New Jersey
                                                October 29, 2014 will also be provided                   any change is expected in the                              Avenue SE., Washington, DC 20590.
                                                with the package. This information is                    Contractor’s U.S. flag fleet during the                       • Fax: Written comments may be
                                                needed in order to assist MARAD in                       period of the applicable VISA                              faxed to (202) 493–2251.
                                                making a determination of the                            Contingency Contract, a minimum 30-                           • Internet: To submit comments
                                                applicant’s eligibility. An applicant                    day notice shall be provided to MARAD                      electronically, go to the Federal
                                                company must provide an affidavit that                   and USTRANSCOM identifying the                             regulations Web site at http://
                                                demonstrates that the company is                         change and to alter the VISA Capacity                      www.regulations.gov. Follow the online
                                                qualified to document a vessel under 46                  Commitment indicated on Attachment 1                       instructions for submitting comments.
                                                U.S.C. 12103, and that it owns, or                       of the VISA Contingency Contract.                             • Hand Delivery: West Building
                                                bareboat charters and controls,                            Execution of the USTRANSCOM                              Ground Floor, Room W12–140, 1200
                                                oceangoing, militarily useful vessel(s)                  VISA Contingency Contract completes                        New Jersey Avenue SE., between 9 a.m.
                                                for purposes of committing assets to the                 the enrollment process and establishes                     and 5 p.m. Eastern Time, Monday
                                                VISA program.                                            the approved applicant as a VISA                           through Friday, except Federal holidays.
                                                   New VISA applicants are required to                   Participant. The Maritime                                     Instructions: All comments submitted
                                                submit their applications for the VISA                   Administration reserves the right to                       in relation to this waiver must include
                                                program as described in this Notice no                   revalidate all eligibility requirements                    the agency name and docket number.
                                                later than 30 days after the date of                                                                                Please note that all comments received
                                                                                                         without notice. USTRANSCOM reserves
                                                publication of this Federal Register                                                                                will be posted without change to http://
                                                                                                         the right to revalidate eligibility for
                                                notice. Applicants must provide the                                                                                 www.regulations.gov, including any
                                                                                                         VISA priority for DOD business at any
                                                following: U.S. citizenship                                                                                         personal information provided. You
                                                                                                         time without notice.
                                                documentation; Copy of their Articles of                                                                            may also call the Docket at 202–366–
                                                Incorporation and/or By Laws; Copies of                       Authority: 49 CFR Sections 1.92 and 1.93.
                                                                                                                                                                    9324.
                                                loadline documents from a recognized                     *       *         *       *       *
                                                classification society to validate                                                                                  FOR FURTHER INFORMATION CONTACT: For
                                                                                                           By Order of the Maritime Administrator.
                                                oceangoing vessel capability; U.S. Coast                                                                            program issues, contact Barbara Sauers,
                                                                                                           Dated: July 25, 2016.                                    Office of Regional Operations and
                                                Guard Certificates of Documentation for
                                                                                                         T. Mitchell Hudson, Jr.,                                   Program Delivery, NHTSA (phone: 202–
                                                all vessels in their fleet; Copy of
                                                                                                         Secretary, Maritime Administration.                        366–0144). For legal issues, contact
                                                Bareboat Charters, if applicable, valid
                                                through the period of enrollment, which                  [FR Doc. 2016–17888 Filed 7–28–16; 8:45 am]                Andrew DiMarsico, Office of Chief
                                                state that the owner will not interfere                  BILLING CODE 4910–81–P                                     Counsel, NHTSA (phone: 202–366–
                                                with the charterer’s obligation to                                                                                  5263). You may send mail to these
                                                commit chartered vessel(s) to the VISA                                                                              officials at the National Highway Traffic
                                                program for the duration of the charter;                 DEPARTMENT OF TRANSPORTATION                               Safety Administration, 1200 New Jersey
                                                and Copy of Time Charters, valid                                                                                    Avenue SE., Washington, DC 20590.
                                                                                                         National Highway Traffic Safety
                                                through the period of enrollment for tug                                                                            SUPPLEMENTARY INFORMATION: This
                                                                                                         Administration
                                                services if sufficient tug service is not                                                                           notice provides NHTSA’s finding that a
                                                owned or bareboat chartered by the                       [Docket No. NHTSA—2016–0080]                               waiver of the Buy America requirement,
                                                barge operator. Tug/Barge operators                                                                                 23 U.S.C. 313, is appropriate for New
                                                must provide evidence to MARAD that                      Notice of Buy America Waiver                               Hampshire to purchase five (5) Sokia SX
                                                tug service of sufficient horsepower will                                                                           Robotic total stations. The cost for all
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                                                                         AGENCY: National Highway Traffic
                                                be available for all barges enrolled in the              Safety Administration (NHTSA),                             five stations amount to $135,000 using
                                                VISA program.                                            Department of Transportation (DOT).                        grant funds authorized under 23 U.S.C.
                                                   Once MARAD has reviewed the                           ACTION: Notice of Buy America waiver.                      402 and 405(d). Section 402 funds are
                                                application and determined VISA                                                                                     available for use by state highway safety
                                                eligibility, MARAD will sign the VISA                    SUMMARY: This notice provides                              programs that, among other things,
                                                application document which completes                     NHTSA’s finding with respect to a                          reduce or prevent injuries and deaths
                                                the eligibility phase of the VISA                        request to waive the requirements of                       resulting from speeding motor vehicles,


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                                                                                 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices                                             50055

                                                driving while impaired by alcohol and                    two people to operate. A reflectorless                    NHTSA agrees that the total stations
                                                or drugs, motorcycle accidents, school                   total station contains the same                        advance the purpose of section 402 to
                                                bus accidents, unsafe driving behavior                   equipment, but, it can be used without                 improve law enforcement services in
                                                and improve law enforcement services                     the prism in a single person operation                 motor vehicle accident prevention and
                                                in motor vehicle accident prevention,                    that still requires manual operation. The              post-accident reconstruction and
                                                traffic supervision, and post-accident                   robotic total station contains some of the             enforcement. A total station is an on-
                                                procedures. 23 U.S.C. 402(a). Section                    same equipment as the basic and                        scene reconstruction tool that assists in
                                                402 funds are also available to states for               reflectorless total stations, however, the             the determination of the cause of the
                                                accident investigations to determine the                 control head is robotic and motorized                  crash and can support crash
                                                probable causes of accidents, injuries                   allowing it to track the prism and focus               investigations. It is an electronic/optical
                                                and deaths. Id. Section 405(d) funds are                 automatically making the robotic total                 instrument that specializes in surveying
                                                available for section 402 activities                     station easy to use by one individual                  with tools to provide precise
                                                provided that a State has adopted and                    without having to operate it manually.                 measurements for diagraming crash
                                                is enforcing a mandatory alcohol-                           Based upon its experience, New                      scenes, including a laser range finder
                                                ignition interlock law for all individuals               Hampshire states that the Sokkia                       and a computer to assist law
                                                convicted of driving under the influence                 Robotic Total Station is the most                      enforcement to determine post-accident
                                                of alcohol or of driving while                           efficient piece of equipment to complete               reconstruction. The total station system
                                                intoxicated. 23 U.S.C. 405(d)(6).                        investigations, clear highways, and                    is designed to gather evidence of the
                                                   Buy America provides that NHTSA                       continue the normal flow of traffic. New               events leading up to, during and
                                                ‘‘shall not obligate any funds authorized                Hampshire adds that the robotic total                  following a crash. These tools are used
                                                to be appropriated to carry out the                      station is twice as fast as the basic and              to gather evidence to determine such
                                                Surface Transportation Assistance Act                    reflectorless total stations.                          facts as minimum speed at the time of
                                                of 1982 (96 Stat. 2097) or [Title 23] and                                                                       a crash, the critical speed of a roadway
                                                administered by the Department of                           New Hampshire asserts that there are                curve, the distance a vehicle may have
                                                Transportation, unless steel, iron, and                  no total station models that are                       traveled when out of control and other
                                                manufactured products used in such                       manufactured or assembled in the                       factors that involve a crash
                                                project are produced in the United                       United States. In support of its waiver,               investigation. In some instances, the
                                                States.’’ 23 U.S.C. 313. However,                        New Hampshire states it conducted                      facts collected through the use of a total
                                                NHTSA may waive those requirements                       extensive due diligence and found there                station are used to form a basis of a
                                                if ‘‘(1) their application would be                      are no robotic total station models that               criminal charge or evidence in a
                                                inconsistent with the public interest; (2)               are manufactured or assembled in the                   criminal prosecution.
                                                such materials and products are not                      United States.                                            Based upon NHTSA’s recent market
                                                produced in the United States in                            On November 19, 2015, NHTSA                         analysis, and lack of comment in
                                                sufficient and reasonably available                      published its decision to waive the                    response to our two prior notices on
                                                quantities and of a satisfactory quality;                requirements of Buy America for the                    total stations, we are unaware of any
                                                or (3) the inclusion of domestic material                North Carolina Highway Safety Office to                total station equipment (Basic,
                                                will increase the cost of the overall                    purchase a Nikon Nivo 5M plus                          Reflectorless and Robotic) that is
                                                project contract by more than 25                         Reflectorless total station. See 80 FR                 manufactured domestically. Ibid. Since
                                                percent.’’ 23 U.S.C. 313(b).                             72480. In that notice, the agency noted                a total station is unavailable from a
                                                   New Hampshire seeks a waiver to                       that both North Carolina and NHTSA                     domestic manufacturer and the
                                                purchase five (5) Sokia SX Robotic total                 performed market analyses which                        equipment would assist in post-accident
                                                stations for the New Hampshire State                     revealed that all total station equipment              reconstruction and enforcement to
                                                Police, Collision Analysis and                           are foreign made.1 Id. at 72481. On                    advance the purpose of 23 U.S.C. 402
                                                Reconstruction Division using Federal                    March 10, 2016, NHTSA published its                    and 405(d), a Buy America waiver is
                                                grant funds at a cost of $135,000 for all                determination that it was appropriate to               appropriate. NHTSA invites public
                                                five. A total station is an electronic/                  grant a waiver from the Buy America                    comment on this conclusion.
                                                optical instrument used in modern                        requirements to the Maine Bureau of                       In light of the above discussion, and
                                                surveying and accident reconstruction.                   Highway Safety in order to purchase a                  pursuant to 23 U.S.C. 313(b)(2), NHTSA
                                                Specifically, a total station is an                      Leica reflectorless total station. 81 FR               finds that it is appropriate to grant a
                                                electronic theodolite integrated with an                 12780–81 (March 10, 2016). The agency                  waiver from the Buy America
                                                electronic distance meter to read slope                  did not receive any comments in                        requirements to New Hampshire in
                                                distances from the instrument to a                       response to these two notices that                     order to purchase the robotic total
                                                particular point. According to New                       would inform it that there are domestic                station equipment. This waiver applies
                                                Hampshire, a total station is an                         manufacturers of total stations. At this               to New Hampshire to purchase five (5)
                                                important piece of forensic mapping                      time, the agency is unaware of any type                Sokia SX Robotic total stations for the
                                                equipment that is used as an on-scene                    of total station (Basic, Reflectorless and             purposes mentioned herein, and all
                                                reconstruction tool that assists in                      Robotic) produced domestically.                        other states seeking to use sections 402
                                                determining the cause of a crash and                                                                            and 405(d) funds for these types of total
                                                can support crash investigations in a                      1 In our November 19, 2015 notice, we noted that     stations. This waiver is effective through
                                                timely, efficient manner, allowing for                   the combined market research of North Carolina         fiscal year 2016 and expires at the
                                                quicker highway clearance and traffic                    and NHTSA found that the following manufacturers       conclusion of the fiscal year (September
                                                flow. The total station is designed to                   produced foreign made total stations: CT Berger        30, 2016). In accordance with the
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                                                                         (China); Leica (Switzerland); Nikon (Japan); Spectra
                                                gather evidence of events, leading up to,                Precision (Japan); Northwest Instruments (China);
                                                                                                                                                                provisions of Section 117 of the Safe,
                                                during and following a crash.                            Topcon (Japan); Trimble (Sweden); Hi-Target            Accountable, Flexible, Efficient
                                                   New Hampshire notes that there are                    Instrument Surveying Co. Ltd. (China); geo-Fennel      Transportation Equity Act: A Legacy of
                                                three types of total stations: Basic,                    GmbH (Germany); Hilti (Liechtenstein); North           Users Technical Corrections Act of 2008
                                                                                                         Surveying (Spain); South Precision Instrument
                                                Reflectorless and Robotic. A basic total                 (China); Ruide Surveying Instrument Co. (China);
                                                                                                                                                                (Pub. L. 110–244, 122 Stat. 1572),
                                                station consists of a control head, prism                Pentex (Japan/China); and Topcon (Japan, China         NHTSA is providing this notice as its
                                                (reflector), data collector, and requires                and Thailand).                                         finding that a waiver of the Buy


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                                                50056                            Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                America requirements is appropriate for                  www.mycdfi.cdfifund.gov/docs/2006/                       Estimated Number of Respondents:
                                                the Sokia SX Robotic total station.                      nmtc/2006ATSinstructions.pdf.                         658.
                                                  Written comments on this finding                       SUPPLEMENTARY INFORMATION:                               Estimated Annual Time per
                                                may be submitted through any of the                         Title: New Markets Tax Credit                      Respondent: 18 hours.
                                                methods discussed above. NHTSA may                       Program Allocation Tracking System.                      Estimated Total Annual Burden
                                                reconsider this finding if, through                         OMB Number: 1559–0024.                             Hours: 11,844 hours.
                                                comment, it learns additional relevant                      Abstract: Title I, subtitle C, section                Requests for Comments: Comments
                                                information regarding its decision to                    121 of the Community Renewal Tax                      submitted in response to this notice will
                                                grant New Hampshire’s waiver request.                    Relief Act of 2000 (the Act), as enacted              be summarized and/or included in the
                                                  This finding should not be construed                   by section 1(a)(7) of the Consolidated                request for OMB approval. All
                                                as an endorsement or approval of any                     Appropriations Act, 2001 (Pub. L. 106–                comments will become a matter of
                                                products by NHTSA or the U.S.                            554, December 21, 2000), amended the                  public record. Comments are invited on:
                                                Department of Transportation. The                        Internal Revenue Code (IRC) by adding                 (a) Whether the collection of
                                                United States Government does not                        IRC § 45D, New Markets Tax Credit.                    information is necessary for the proper
                                                endorse products or manufacturers.                       Pursuant to IRC § 45D, the Department                 performance of the functions of the
                                                   Authority: 23 U.S.C. 313; Pub. L. 110–161.            of the Treasury, through the CDFI Fund,               agency, including whether the
                                                                                                         administers the NMTC Program, which                   information has practical utility; (b) the
                                                  Issued in Washington, DC on July 25, 2016                                                                    accuracy of the agency’s estimate of the
                                                under authority delegated in 49 CFR part                 provides an incentive to investors in the
                                                                                                         form of tax credits over seven years and              burden of the collection of information;
                                                1.95.
                                                                                                         stimulates the provision of private                   (c) ways to enhance the quality, utility,
                                                Paul A. Hemmersbaugh,
                                                                                                         investment capital that, in turn,                     and clarity of the information collected;
                                                Chief Counsel.                                                                                                 (d) ways to minimize the burden of the
                                                [FR Doc. 2016–17972 Filed 7–28–16; 8:45 am]              facilitates economic and community
                                                                                                         development in low-income                             collection of information on
                                                BILLING CODE 4910–59–P
                                                                                                         communities. In order to qualify for an               respondents, including through the use
                                                                                                         allocation of NMTC authority, an entity               of technology; and (e) estimates of
                                                                                                         must be certified as a qualified                      capital or start-up costs and costs of
                                                DEPARTMENT OF THE TREASURY                                                                                     operation, maintenance, and purchase
                                                                                                         Community Development Entity and
                                                                                                         submit an allocation application to the               of services required to provide
                                                Community Development Financial                                                                                information.
                                                Institutions Fund                                        CDFI Fund. Upon receipt of such
                                                                                                         applications, the CDFI Fund conducts a                  Authority: 12 U.S.C. 4701 et seq.; 26
                                                Notice and Request for Public                            competitive review process to evaluate                U.S.C. 45D.
                                                Comment                                                  applications for the receipt of NMTC                  Mary Ann Donovan,
                                                                                                         allocations. Entities selected to receive             Director, Community Development Financial
                                                SUMMARY:   The U.S. Department of the                    an NMTC allocation must enter into an                 Institutions Fund.
                                                Treasury, as part of its continuing effort               allocation agreement with the CDFI                    [FR Doc. 2016–17916 Filed 7–28–16; 8:45 am]
                                                to reduce paperwork and respondent                       Fund. The allocation agreement
                                                burden, invites the general public and                                                                         BILLING CODE 4810–70–P
                                                                                                         contains the terms and conditions,
                                                other Federal agencies to take this                      including all reporting requirements,
                                                opportunity to comment on proposed                       associated with the receipt of a NMTC                 DEPARTMENT OF THE TREASURY
                                                and/or continuing information                            allocation. The CDFI Fund requires each
                                                collections, as required by the                          allocatee to use an electronic data                   Community Development Financial
                                                Paperwork Reduction Act of 1995,                         collection and submission system,                     Institutions Fund
                                                Public Law 104–13 (44 U.S.C.                             known as the Allocation Tracking
                                                3506(c)(2)(A)). Currently, the                           System (ATS), to report on the                        Agency Information Collection
                                                Community Development Financial                          information related to its receipt of a               Activities; Proposals, Submissions,
                                                Institutions Fund (CDFI Fund), U.S.                      Qualified Equity Investment.                          and Approvals
                                                Department of the Treasury, is soliciting                   The CDFI Fund developed the ATS to,
                                                comments concerning the New Markets                                                                            AGENCY: Community Development
                                                                                                         among other things: (1) Enhance the                   Financial Institutions Fund, Treasury.
                                                Tax Credit (NMTC) Program Allocation                     allocatee’s ability to report to the CDFI
                                                Tracking System (ATS).                                                                                         ACTION: Notice and request for
                                                                                                         Fund timely information regarding the                 comments.
                                                DATES: Written comments must be                          issuance of its Qualified Equity
                                                received on or before September 27,                      Investments; (2) enhance the CDFI                     SUMMARY: The U.S. Department of the
                                                2016 to be assured of consideration.                     Fund’s ability to monitor the issuance of             Treasury, as part of its continuing effort
                                                ADDRESSES: Submit your comments via                      Qualified Equity Investments to ensure                to reduce paperwork and respondent
                                                email to David Meyer, Certification,                     that no allocatee exceeds its allocation              burden, invites the general public and
                                                Compliance Monitoring and Evaluation                     authority and to ensure that Qualified                other Federal agencies to take this
                                                (CCME) Program Manager, CDFI Fund,                       Equity Investments are issued within                  opportunity to comment on proposed
                                                at ccme@cdfi.treas.gov.                                  the timeframes required by the                        information collections, as required by
                                                FOR FURTHER INFORMATION CONTACT:                         allocation agreement and IRC § 45D; and               the Paperwork Reduction Act of 1995,
                                                David Meyer, CCME Program Manager,                       (3) provide the CDFI Fund with basic                  Public Law 104–13 (44 U.S.C.
                                                CDFI Fund, U.S. Department of the                        investor data which may be aggregated                 3506(c)(2)(A)). Currently, the
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                Treasury, 1500 Pennsylvania Avenue                       and analyzed in connection with NMTC                  Community Development Financial
                                                NW., Washington, DC 20220 or by                          evaluation efforts.                                   Institutions Fund (the CDFI Fund), the
                                                facsimile to (202) 653–0375 (not a toll                     Current Actions: Renewal of Existing               Department of the Treasury, is soliciting
                                                free number). Other information                          Information Collection.                               comments concerning modifying the
                                                regarding the CDFI Fund and its                             Type of Review: Regular Review.                    Bank Enterprise Award Program (BEA
                                                programs may be obtained through the                        Affected Public: NMTC Program                      Program) Report Form to a form that
                                                CDFI Fund’s Web site at https://                         allocatees.                                           may be used for the Community


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Document Created: 2018-02-08 07:51:18
Document Modified: 2018-02-08 07:51:18
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 August 15, 2016. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: August 15, 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 50054 

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