81 FR 72667 - Notice of Buy America Waiver of Domestic Content Requirement for Minivans and Vans
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 203 (October 20, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 203 (October 20, 2016)
| Page Range | 72667-72670 | |
| FR Document | 2016-25370 |
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)] [Notices] [Pages 72667-72670] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25370] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0025] Notice of Buy America Waiver of Domestic Content Requirement for Minivans and Vans AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America public interest waiver. ----------------------------------------------------------------------- SUMMARY: In response to a formal petition from the Pace Suburban Bus Division of the Regional Transportation Authority (Pace) requesting a Buy America non-availability waiver to purchase 188 Dodge Caravan minivans for its vanpool program and informal requests from other FTA recipients for similar waivers, and because FTA has been unable to identify any minivan manufacturers who meet both the final assembly and domestic content requirements for non-ADA-accessible minivans, the Federal Transit Administrative (FTA) hereby waives its Buy America domestic content requirement for non-ADA-accessible minivans and vans. FTA's requirement for final assembly in the United States is not waived. This waiver applies to all contracts for the procurement of non-ADA-accessible minivans and vans entered into on or before September 30, 2019, or until a fully-compliant domestic source becomes available, whichever is earlier. FOR FURTHER INFORMATION CONTACT: Cecelia Comito, Assistant Chief Counsel, Office of the Chief Counsel, phone: (202) 366-2217, or email, [email protected]. SUPPLEMENTARY INFORMATION: FTA received a formal request from Pace for a Buy America non-availability waiver to purchase 188 Dodge Caravan minivans for its vanpool program. Minivans are considered rolling stock and are subject to the Buy America waiver set forth in 49 U.S.C. 5323(j)(2)(C), which requires that (i) rolling stock, including minivans, contain more than 60 percent domestic content, and (ii) final assembly of the vehicles occurs in the United States. Although initially Pace sought a waiver of only the final assembly requirement, Pace augmented its request to include a waiver of the domestic content and final assembly requirements. By way of background, Pace operates a vanpool program in the Chicago suburban area with more than 785 vehicles in service. A vanpool vehicle is defined, in pertinent part, as a vehicle with a seating capacity of at least six adults (not including the driver). See 49 U.S.C. 5323(i)(2)(C)(ii). In October 2014, Pace issued an invitation for bid (IFB) for a five-year contract for the purchase of seven-person, non-ADA-accessible minivans. The successful bidder, Napoleon Fleet, Inc., proposed Dodge Caravan minivans, but certified that the vehicles were not compliant with the Buy America requirement because the vehicles are not assembled in the United States, but are assembled in Canada. On April 15, 2015, Pace petitioned FTA for a non-availability waiver to procure 188 Dodge Caravan minivans, believing that the vehicles would be able to meet the domestic content requirement. In August 2015 and November 2015, however, Pace conducted pre-award Buy America audits of the Dodge Caravan minivans and discovered that the Dodge Caravan did not meet the current domestic content requirement of more than 60% US-made components. Pace informed FTA that the audit showed a 57.4% domestic content for [[Page 72668]] 2015 model year minivans and a 52% domestic content for model year 2016 minivans. Pace therefore expanded its request to a non-availability waiver on the grounds that no seven-person non-ADA-accessible minivan that complies with both domestic content and final assembly requirements was available. In addition to Pace, FTA has received inquiries from other transit agencies and vanpool operators regarding the lack of available non-ADA- accessible minivans that meet both domestic content and final assembly requirements. With certain exceptions, FTA's Buy America statute prevents FTA from obligating an amount that may be appropriated to carry out its program for a project unless ``the steel, iron, and manufactured goods used in the project are produced in the United States.'' 49 U.S.C. 5323(j)(1). When procuring rolling stock, such as minivans, the cost of components and subcomponents produced in the United States for fiscal years 2016 and 2017 must be more than 60 percent of the cost of all components and subcomponents and final assembly of the rolling stock must occur in the United States.\1\ 49 U.S.C. 5323(j)(2)(C). --------------------------------------------------------------------------- \1\ Under recent amendments to 49 U.S.C. 5323(j)(2)(C), the domestic content for minivans will increase in FY2018 and FY2019 to more than 65 percent and in FY2020 or beyond, the domestic content will increase to more than 70 percent. --------------------------------------------------------------------------- FTA funds the procurement of between 2,500 and 3,000 minivans annually, including both ADA-accessible vans and non-ADA-accessible vans. The challenges associated with buying minivans that comply with FTA's Buy America statute and regulations have been well documented over the past six years. In 2010, El Dorado National, Kansas and Chrysler Group LLC petitioned FTA for a waiver of the Buy America final assembly requirement. In response to the request, FTA published a notice in the Federal Register, seeking comment from all interested parties. Numerous parties responded to the notice expressing support for the waiver. One manufacturer, Honda, indicated that its minivans were in compliance with the Buy America regulations but would not provide the additional information needed to support its claims. Ultimately, on June 21, 2010, FTA issued a public interest waiver of the Buy America final assembly requirement for all minivans and minivan chassis, but retained the domestic content requirement. See 75 Federal Register 35123. On November 27, 2012, following the introduction of the Vehicle Production Group's wheelchair-accessible MV-1 vehicle into the marketplace, FTA rescinded the waiver of final assembly for minivans, finding that the manufacturer of the MV-1 was a manufacturer of paratransit vehicles that could meet both the domestic content and the final assembly requirements for rolling stock under Buy America. See 75 Federal Register 71676. Although FTA acknowledged that the MV-1 minivan is a wheelchair-lift equipped minivan and does not provide the seating capacity needed for vanpool programs, FTA did not continue the final assembly waiver for non-ADA-accessible vehicles, noting that it ``prefers to consider waiver requests for limited circumstances and on procurement-by-procurement basis . . . .'' Id. On November 27, 2013, FTA issued a one-time, limited Buy America waiver of the final assembly requirement to the North Front Range Metropolitan Planning Organization (NFRMPO), for the purchase of 25 seven-passenger minivans, based upon non-availability. See 78 Federal Register 71025. FTA rejected comments suggesting that it reinstate the 2012 blanket waiver for seven-person minivans, and instead issued a waiver for final assembly for NFRMPO's purchase of up to 25 minivans. The market for non-ADA-accessible minivans has changed since 2013. In 2013, the Chrysler minivan met the domestic content requirements but was not assembled in the United States. FTA issued a partial waiver for final assembly because more than 60 percent of the minivan's components were produced in the United States. According to Pace's pre-award audit of the Dodge Caravan, Dodge does not meet either Buy America requirement. However, there are at least four manufacturers--GMC, Ford, Honda and Toyota--that make non-ADA-accessible minivans or vans that are assembled in the U.S.\2\ --------------------------------------------------------------------------- \2\ This information is from the 2016 report submitted by car manufacturers to the National Highway Transportation Safety Administration (NHTSA) under the American Automobile Labeling Act. A copy of the report is posted on NHTSA's Web site at http://www.nhtsa.gov. --------------------------------------------------------------------------- In order to verify Pace's assertion that minivans are not available from a domestic source, on May 17, 2016, FTA published a notice in the Federal Register seeking public comment. In the notice, FTA stated that because there are at least four manufacturers who assemble their vehicles in the United States, FTA proposed issuing a general waiver of only the domestic content requirement for non-ADA-accessible minivans and vans. Final assembly for minivans still must occur in the U.S. FTA asked for comments from all interested parties regarding the proposed waiver and sought additional comments on whether manufacturers would consider submitting to a pre-award and post-delivery audit process conducted by FTA on each new model year, as opposed to requiring audits for each individual procurement. Response to Comments FTA received comments from 18 entities in Docket FTA-2016-0025 including a variety of transit agencies, national associations, vanpool operators, industry groups, state department of transportation, a manufacturer of electric passenger vehicles and buses, a research and development center, and the general public. Seventeen of the commenters expressed support for the waiver, recognizing the fact that non-ADA- accessible minivans do not meet the domestic content requirement. Two commenters asked that FTA reconsider providing a waiver for final assembly and domestic content. One anonymous commenter opposed the waiver, believing that the waiver would give vanpool operators a benefit not available to traditional public transit agencies. Commenters supportive of the waiver noted the consequences of the rescission of the 2012 waiver, including the following: Minivans are being operated past their useful life since transit agencies are unable to use Federal funds to procure new minivans that are not Buy America compliant, agencies are procuring larger SUVs with less desirable access/egress characteristics compared to minivans, and vanpool programs are folding or failing to form because public transit agencies have been unable to purchase compliant minivans. Commenters supportive of the waiver also noted that vanpools provide an important transportation alternative both in large cities and rural regions and that the elderly and disabled who do not need an ADA-accessible van also benefit from vanpools. The comments and questions can be categorized into the following primary categories: A. What are the four minivans that meet the final assembly requirement? Nine commenters asked that FTA identify the four minivans referenced in the May 2016 Federal Register Notice. These commenters noted that based on the 2016 American Automobile Labeling Act information provided on the National Highway Traffic Safety Administration's Web site, they identified six manufacturers of Multi- Purpose Vehicles (MPV). However, from [[Page 72669]] the information provided on the Web site, they identified only two ``true'' minivans--the Toyota Sienna and the Honda Odyssey--and both of these are not currently certified by their respective manufacturers as meeting the final assembly requirement. The commenters asked if FTA would identify the four minivans that it has determined meet the final assembly requirement. FTA's Response: Based on the 2016 American Automobile Labeling Act information provided on the National Highway Traffic Safety Administration's Web site, the four minivans FTA has identified that comply with the Buy America final assembly requirement are the GMC Acadia, the Ford Expedition, the Toyota Sienna and the Honda Odyssey.\3\ --------------------------------------------------------------------------- \3\ The definition of ``minivan'' used in this Notice is based solely on the vehicles' published seating capacity and should not be taken as FTA's endorsement of a vehicle's suitability for use in all FTA-funded van procurements or vanpool programs. --------------------------------------------------------------------------- B. What other federal requirements must a manufacturer comply with? Six commenters asked that FTA clarify what non-Buy America federal requirements a van manufacturer would have to comply with, such as those contained in FTA's Master Agreement, and if there are additional certifications that a manufacturer would have to make before the vehicles can be procured by transit agencies using FTA funds. One commenter asked why FTA does not specifically exempt vans and minivans from FTA's other compliance requirements since FTA already exempts ``unmodified mass-produced vans'' in the 4-year, 100,000-mile service life category from its Bus Testing regulations. This commenter proposed that FTA clarify that unmodified mass-produced vans and minivans having a projected annual production rate of 20,000 or more units are exempt from the Bus Testing regulation in the 4-year, 100,000-mile service life category, and are also exempt from other FTA compliance requirements, such as: Civil rights, disadvantaged business enterprise, clean air, clean water and employee protections. FTA's Response: Today's FTA action is limited to the Buy America compliance of vans and minivans procured with FTA financial assistance. Compliance with the USDOT's civil rights, disadvantaged business enterprise, and environmental and employee protections is governed by other Federal and Departmental regulations that are beyond the scope of this Notice and are not within FTA's authority to waive. If commenters believe additional regulatory amendments are warranted, they may petition the USDOT, consistent with the procedures outlined in 49 CFR part 5, subpart B. C. Objection to the Proposed Waiver One commenter objected to the proposed waiver, stating that the vanpool industry is a small subsection of alternate commuting and that it appears that FTA and the U.S. Department of Transportation are working to assist less than .25% of those who commute daily to work. The commenter further stated that small vanpool companies are pushing a mandate to give options to government employees who should be choosing more efficient modes of travel such as larger vehicles. The commenter contended that minivans allow companies to push ``maxing out'' the subsidy to improve top line results and if true, these companies should be held to the same standards as municipalities receiving federal funds and adhere to Buy America. Another commenter noted that there are manufacturers of zero- emission vehicles (ZEV) who manufacture vehicles in the United States that contain compliant levels of domestic content and that these ZEVs can be used for public transportation service (vanpool, car share, fleet replacement), and in order to provide zero emission vanpools, the commenter asks that FTA deny Pace's request for a waiver. FTA Response: FTA does not agree with this commenter that the proposed waiver would provide an undue advantage for individuals who commute by vanpool, noting that all public transit agencies are subject to FTA's Buy America requirements regardless of vehicle size, and those agencies are eligible to petition FTA for a Buy America waiver if faced with similar circumstances, regardless of the type of transportation they provide (i.e., heavy rail, light rail, commuter bus, transit bus, paratransit, or vanpool). FTA believes that the ZEV vehicles currently available on the market are sedans that are not suitable for all forms of public transportation services. While ZEV sedans can be used to provide ADA paratransit and similar demand-responsive services to ambulatory patrons, they do not yet exist in a configuration capable of accommodating a rider who cannot transfer out of a wheelchair, and they do not provide a passenger capacity that meets the statutory minimum for a vanpool vehicle. However, as FTA stated at the beginning of this Notice, the waiver is only valid until a vehicle that complies with both the domestic content and final assembly requirement is manufactured in sufficient quantities to meet the requirements of FTA recipients, or September 30, 2019, whichever occurs first. When a vehicle that meets both domestic content and final assembly becomes available, the manufacturer of such vehicles may petition FTA for a review of today's waiver. D. Will FTA apply this waiver in the future to 9-15 seat passenger vans? Five commenters asked if FTA would be willing to consider a similar waiver for 9-15 passenger seat vans, with one commenter noting that 9- 15 seat passenger vans are essential to their program and compose a substantial part of their fleet. FTA Response: A separate waiver for 9-15 passenger seat vans is not needed since the proposed waiver encompasses any mass produced, unmodified non-ADA-accessible vans, including 9-15 passenger seat vans. E. Request for FTA To Reconsider Pace's Domestic Manufacturer Waiver Request Pace asked that FTA reconsider its waiver request. Following Pace's request to waive the final assembly requirement, Pace expanded its request to include domestic content based on the pre-award audit Pace conducted. According to Pace's research, there are only two minivan manufacturers that are compliant with FTA's final assembly requirement--Honda's Odyssey and Toyota's Sienna--and Pace asserts that Honda and Toyota have not participated in FTA-funded procurements due to the audit requirements in 49 CFR part 663 that require the manufacturer to open its records for audit and inspection in order to confirm U.S. content of more than 60%. The unwillingness of these two potential vendors to document their domestic content would make it unlikely that the transit authority could ever successfully award an FTA-assisted contract to a minivan manufacturer who met the Buy America regulation's final assembly requirements. Pace also asserts that other minivan manufacturers, who cannot meet FTA's final assembly requirement, including: GM and Chevrolet, Ford, Dodge/Chrysler, Nissan, Kia, and Mercedes Benz, may be unable to document compliance with the domestic content requirement. Consequently, Pace amended its petition to request FTA reconsider its request to expand the Buy America waiver to cover both domestic content [[Page 72670]] and final assembly for non-ADA-accessible minivans. FTA Response: With regard to a manufacturer's willingness to document its compliance with the audit requirements, because today's Notice waives the domestic content requirement, recipients will not be obligated to document or audit a covered vehicle's domestic components. However, a recipient still must confirm a vehicle's compliance with the other requirements of 49 CFR part 663, including conformity to the original bid specifications, and compliance with all applicable Federal Motor Vehicle Safety Standards (FMVSS). F. Comments on FTA's Question Whether Manufacturers Would Consider Submitting to a Pre-Award and Post-Delivery Audit Process That Was Conducted by FTA on Each New Model Year, as Opposed To Requiring Audits for Each Individual Procurement Commenters were supportive of the concept of annual audits of vehicle models, rather than requiring audits for each individual procurement. Six commenters provided input on FTA's pre-award and post- delivery audit process question. None of the commenters were minivan manufacturers and commenters noted that while they could not speak on behalf of automakers, they supported any policy that would promote more entrants, more competition, and more options in the procurement of minivans for vanpool purposes. FTA Response: FTA believes this proposal has merit and will take this recommendation into consideration in a future action that FTA may take to address pre-award and post-delivery audits for minivan procurements. Until that time, however, recipients procuring vans with FTA financial assistance must still conduct pre-award and post-delivery audits, consistent with the statutory requirement at 49 U.S.C. 5323(m) and FTA's implementing regulation at 49 CFR part 663. Given the circumstances warranting this waiver, the audits will not need to document the domestic content of the vehicle for compliance, but will still need to confirm the place of final assembly. The audit will need to document that the vehicle conforms to the requirements outlined in the bid specifications, and complies with the FMVSS. Conclusion Although no minivans are presently available in the domestic market that meet both the final assembly and domestic content requirements, FTA has identified four non-ADA-accessible vehicles that may be suitable for vanpool use that meet FTA's Buy America final assembly requirement. Therefore, FTA is providing a Buy America waiver of the domestic content requirement for non-ADA-accessible minivans and vans; final assembly in the U.S. is still required. This waiver is limited to contracts entered into on or before September 30, 2019 or until a fully-compliant domestic source becomes available whichever is earlier. Additionally, FTA is granting Pace a one-time non-availability waiver of both domestic content and final assembly requirements for the purchase of up to 188 Dodge Caravan minivans for its vanpool program, as set forth in Pace's original request for a waiver. Pace originally sought a waiver for the procurement of minivans for its vanpool program in April 2014, after the solicitation resulted in no bidders that certified compliance with Buy America. FTA requested that Pace re- advertise its procurement for minivans (IFB 412654), which Pace did in October 2014. The October 2014 solicitation also resulted in no bidders who could certify to both Buy America requirements. Pace has an immediate need for replacement vehicles for its vanpool program, and acquisition of these vehicles has been delayed due to the Buy America waiver review process. Therefore, FTA also is granting Pace a limited waiver of Buy America for the purchase up to 188 Dodge Caravan minivans for its vanpool program pursuant to IFB 412654. Ellen Partridge, Chief Counsel. [FR Doc. 2016-25370 Filed 10-19-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 72667
Mark B. Wilmer individual or on behalf of a third party Administrative (FTA) hereby waives its
Mr. Wilmer, 54, has had amblyopia in and then submit. If you submit your Buy America domestic content
his right eye since childhood. The comments by mail or hand delivery, requirement for non-ADA-accessible
visual acuity in his right eye is 20/100, submit them in an unbound format, no minivans and vans. FTA’s requirement
and in his left eye, 20/20. Following an larger than 81⁄2 by 11 inches, suitable for for final assembly in the United States
examination in 2016, his optometrist copying and electronic filing. If you is not waived. This waiver applies to all
stated, ‘‘With these test results and submit comments by mail and would contracts for the procurement of non-
Mark’s past driving record, I feel he is like to know that they reached the ADA-accessible minivans and vans
qualified to safely operate a commercial facility, please enclose a stamped, self- entered into on or before September 30,
vehicle.’’ Mr. Wilmer reported that he addressed postcard or envelope. 2019, or until a fully-compliant
has driven straight trucks for 3 years, FMCSA will consider all comments domestic source becomes available,
accumulating 900 miles, and tractor- and material received during the whichever is earlier.
trailer combinations for 20 years, comment period. FMCSA may issue a FOR FURTHER INFORMATION CONTACT:
accumulating 30,000 miles. He holds a final determination at any time after the Cecelia Comito, Assistant Chief
Class A CDL from Virginia. His driving close of the comment period. Counsel, Office of the Chief Counsel,
record for the last 3 years shows no Viewing Comments and Documents phone: (202) 366–2217, or email,
crashes and no convictions for moving To view comments, as well as Cecelia.Comito@dot.gov.
violations in a CMV. documents mentioned in this preamble SUPPLEMENTARY INFORMATION: FTA
Hezekiah Woodrup Sr. as being available in the docket, go to received a formal request from Pace for
http://www.regulations.gov and insert a Buy America non-availability waiver
Mr. Woodrup, 62, has a retinal scar in to purchase 188 Dodge Caravan
his right eye due to a traumatic incident the docket number FMCSA–2016–0210
in the ‘‘Keyword’’ box and click minivans for its vanpool program.
in childhood. The visual acuity in his Minivans are considered rolling stock
right eye is 20/400, and in his left eye, ‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ button and choose the and are subject to the Buy America
20/30. Following an examination in waiver set forth in 49 U.S.C.
2016, his optometrist stated, ‘‘It is in my document listed to review. If you do not
have access to the Internet, you may 5323(j)(2)(C), which requires that (i)
opinion, that the patient meets vision rolling stock, including minivans,
requirements for use of commercial view the docket online by visiting the
Docket Management Facility in Room contain more than 60 percent domestic
vehicle and is able to perform the content, and (ii) final assembly of the
driving tasks required to operate the W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey vehicles occurs in the United States.
vehicle.’’ Mr. Woodrup reported that he Although initially Pace sought a waiver
has driven straight trucks for 7 years, Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday of only the final assembly requirement,
accumulating 210,000 miles. He holds
through Friday, except Federal holidays. Pace augmented its request to include a
an operator’s license from Maryland.
waiver of the domestic content and final
His driving record for the last 3 years Issued on: October 14, 2016.
assembly requirements. By way of
shows no crashes and no convictions for Larry W. Minor,
background, Pace operates a vanpool
moving violations in a CMV. Associate Administrator for Policy. program in the Chicago suburban area
III. Public Participation and Request for [FR Doc. 2016–25380 Filed 10–19–16; 8:45 am] with more than 785 vehicles in service.
Comments BILLING CODE 4910–EX–P A vanpool vehicle is defined, in
FMCSA encourages you to participate pertinent part, as a vehicle with a
by submitting comments and related seating capacity of at least six adults
DEPARTMENT OF TRANSPORTATION (not including the driver). See 49 U.S.C.
materials.
Federal Transit Administration 5323(i)(2)(C)(ii).
Submitting Comments In October 2014, Pace issued an
If you submit a comment, please [Docket No. FTA–2016–0025] invitation for bid (IFB) for a five-year
include the docket number for this contract for the purchase of seven-
notice, indicate the specific section of Notice of Buy America Waiver of person, non-ADA-accessible minivans.
this document to which each comment Domestic Content Requirement for The successful bidder, Napoleon Fleet,
applies, and provide a reason for each Minivans and Vans Inc., proposed Dodge Caravan minivans,
suggestion or recommendation. You AGENCY: Federal Transit Administration, but certified that the vehicles were not
may submit your comments and DOT. compliant with the Buy America
material online or by fax, mail, or hand ACTION: Notice of Buy America public requirement because the vehicles are
delivery, but please use only one of interest waiver. not assembled in the United States, but
these means. FMCSA recommends that are assembled in Canada. On April 15,
you include your name and a mailing SUMMARY: In response to a formal 2015, Pace petitioned FTA for a non-
address, an email address, or a phone petition from the Pace Suburban Bus availability waiver to procure 188 Dodge
number in the body of your document Division of the Regional Transportation Caravan minivans, believing that the
so the Agency can contact you if it has Authority (Pace) requesting a Buy vehicles would be able to meet the
questions regarding your submission. America non-availability waiver to domestic content requirement.
To submit your comment online, go to purchase 188 Dodge Caravan minivans In August 2015 and November 2015,
http://www.regulations.gov and put the for its vanpool program and informal however, Pace conducted pre-award
mstockstill on DSK3G9T082PROD with NOTICES
docket number FMCSA–2016–0210 in requests from other FTA recipients for Buy America audits of the Dodge
the ‘‘Keyword’’ box, and click ‘‘Search. similar waivers, and because FTA has Caravan minivans and discovered that
When the new screen appears, click on been unable to identify any minivan the Dodge Caravan did not meet the
‘‘Comment Now!’’ button and type your manufacturers who meet both the final current domestic content requirement of
comment into the text box in the assembly and domestic content more than 60% US-made components.
following screen. Choose whether you requirements for non-ADA-accessible Pace informed FTA that the audit
are submitting your comment as an minivans, the Federal Transit showed a 57.4% domestic content for
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![72670 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices
and final assembly for non-ADA- vehicles that may be suitable for No. FAA–2016–9288] by the United
accessible minivans. vanpool use that meet FTA’s Buy States Department of Transportation
FTA Response: With regard to a America final assembly requirement. (DOT) pursuant to 49 U.S.C. 5121(d).
manufacturer’s willingness to document Therefore, FTA is providing a Buy FOR FURTHER INFORMATION CONTACT:
its compliance with the audit America waiver of the domestic content Kevin Leary, Standards and Rulemaking
requirements, because today’s Notice requirement for non-ADA-accessible Division, Pipeline and Hazardous
waives the domestic content minivans and vans; final assembly in Materials Safety Administration,
requirement, recipients will not be the U.S. is still required. This waiver is telephone: (202) 366–8553.
obligated to document or audit a limited to contracts entered into on or SUPPLEMENTARY INFORMATION:
covered vehicle’s domestic components. before September 30, 2019 or until a
However, a recipient still must confirm fully-compliant domestic source Additional Information
a vehicle’s compliance with the other becomes available whichever is earlier. Additional information pertinent to
requirements of 49 CFR part 663, Additionally, FTA is granting Pace a the Order is available through the Office
including conformity to the original bid one-time non-availability waiver of both of the Federal Register Web site (https://
specifications, and compliance with all domestic content and final assembly www.federalregister.gov/public-
applicable Federal Motor Vehicle Safety requirements for the purchase of up to inspection/current).
Standards (FMVSS). 188 Dodge Caravan minivans for its Additional information pertinent to
F. Comments on FTA’s Question vanpool program, as set forth in Pace’s the traveling public is available through
Whether Manufacturers Would Consider original request for a waiver. Pace the DOT Safe Travel Web site (see
Submitting to a Pre-Award and Post- originally sought a waiver for the http://phmsa.dot.gov/safetravel/
Delivery Audit Process That Was procurement of minivans for its vanpool batteries) and through the FAA Pack
Conducted by FTA on Each New Model program in April 2014, after the Safe Web site (see http://www.faa.gov/
Year, as Opposed To Requiring Audits solicitation resulted in no bidders that Go/PackSafe). For additional
for Each Individual Procurement certified compliance with Buy America. information on returning your device to
FTA requested that Pace re-advertise its the manufacturer, please call 1–800–
Commenters were supportive of the
procurement for minivans (IFB 412654), SAMSUNG or 1–800–726–7864. For
concept of annual audits of vehicle
which Pace did in October 2014. The additional information on the recall
models, rather than requiring audits for
October 2014 solicitation also resulted please visit the Consumer Product
each individual procurement. Six
in no bidders who could certify to both Safety Commission’s Web site at
commenters provided input on FTA’s
Buy America requirements. Pace has an www.cpsc.gov.
pre-award and post-delivery audit
immediate need for replacement
process question. None of the Issued in Washington, DC, on October 14,
vehicles for its vanpool program, and
commenters were minivan 2016.
acquisition of these vehicles has been
manufacturers and commenters noted Marie Therese Dominguez,
delayed due to the Buy America waiver
that while they could not speak on Administrator, Pipeline and Hazardous
review process. Therefore, FTA also is
behalf of automakers, they supported Materials Safety Administration.
granting Pace a limited waiver of Buy
any policy that would promote more [FR Doc. 2016–25362 Filed 10–19–16; 8:45 am]
America for the purchase up to 188
entrants, more competition, and more
Dodge Caravan minivans for its vanpool BILLING CODE 4910–60–P
options in the procurement of minivans
program pursuant to IFB 412654.
for vanpool purposes.
FTA Response: FTA believes this Ellen Partridge, DEPARTMENT OF TRANSPORTATION
proposal has merit and will take this Chief Counsel.
recommendation into consideration in a [FR Doc. 2016–25370 Filed 10–19–16; 8:45 am] Office of the Secretary
future action that FTA may take to BILLING CODE P [Docket No.: DOT–OST–2016–0203]
address pre-award and post-delivery
audits for minivan procurements. Until Advisory Committee on Automation in
that time, however, recipients procuring DEPARTMENT OF TRANSPORTATION Transportation
vans with FTA financial assistance must
still conduct pre-award and post- Pipeline and Hazardous Materials AGENCY: Office of the Secretary, U.S.
delivery audits, consistent with the Safety Administration Department of Transportation (DOT).
statutory requirement at 49 U.S.C. ACTION: Notice of establishment of the
[Docket Number PHMSA–2016–0110; Notice
5323(m) and FTA’s implementing Advisory Committee on Automation in
No. 2016–21]
regulation at 49 CFR part 663. Given the Transportation (ACAT) and solicitation
circumstances warranting this waiver, Hazardous Materials: Damaged, of nominations for membership.
the audits will not need to document Defective, Recalled Lithium Cells or
the domestic content of the vehicle for SUMMARY: Pursuant to Section 9(a)(2) of
Batteries or Portable Electronic
compliance, but will still need to the Federal Advisory Committee Act
Devices
confirm the place of final assembly. The (FACA), and in accordance with Title
audit will need to document that the AGENCY: Pipeline and Hazardous 41, Code of Federal Regulations, Section
vehicle conforms to the requirements Materials Safety Administration 102–3.65, and following consultation
outlined in the bid specifications, and (PHMSA), DOT. with the Committee Management
Secretariat, General Services
mstockstill on DSK3G9T082PROD with NOTICES
complies with the FMVSS. ACTION: Withdrawal of Safety Advisory
Notice No. 2016–18. Administration, notice is hereby given
Conclusion that the ACAT will be established for a
Although no minivans are presently SUMMARY: Safety Advisory Notice 2016– 2-year period.
available in the domestic market that 18 is withdrawn effective at noon (ET) It is the policy of the U.S. Department
meet both the final assembly and on October 15, 2016. At that time, it will of Transportation to foster the safe
domestic content requirements, FTA has be superseded by an Emergency deployment of advanced automated and
identified four non-ADA-accessible Restriction/Prohibition Order [Order connected vehicle technologies to
VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1](https://thefederalregister.org/doc/81_FR_72870/page/4.svg)
Document Created: 2016-10-21 09:59:08
Document Modified: 2016-10-21 09:59:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Buy America public interest waiver. | |
| Contact | Cecelia Comito, Assistant Chief Counsel, Office of the Chief Counsel, phone: (202) 366-2217, or email, [email protected] | |
| FR Citation | 81 FR 72667 |
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