81 FR 75902 - Notice of Proposed Buy America Waiver for Radio Consoles
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 211 (November 1, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 211 (November 1, 2016)
| Page Range | 75902-75903 | |
| FR Document | 2016-26317 |
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)] [Notices] [Pages 75902-75903] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26317] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0038] Notice of Proposed Buy America Waiver for Radio Consoles AGENCY: Federal Transit Administration, DOT. ACTION: Notice of proposed Buy America waiver and request for comment. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) received a request from the Greater Dayton Regional Transit Authority (GDRTA) for a Buy America non-availability waiver for the procurement of radio consoles, which are a part of a voice and cellular data communications system (the ``radio consoles''). GDRTA's current voice and data communications equipment is obsolete and malfunctioning. The new communication system will result in improved operational efficiency. GDRTA seeks a waiver for the procurement of radio consoles because there are no manufacturers that produce radio consoles that are compatible with GDRTA's communications system and comply with the Buy America requirements. 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c). GDRTA is joining Montgomery County's radio system, and the radio consoles compatible with the new system must be original equipment manufacturer (OEM) Motorola devices. Motorola cannot provide Buy America-compliant radio consoles. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the non-availability waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would apply to the radio consoles identified in the waiver request. DATES: Comments must be received by November 15, 2016. Late-filed comments will be considered to the extent practicable. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FTA-2016-0038: 1. Web site: http://www.regulations.gov. Follow the instructions for submitting comments on the U.S. Government electronic docket site. 2. Fax: (202) 493-2251. 3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, West Building, Ground Floor, Room W12- 140, Washington, DC 20590-0001. 4. Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must make reference to the ``Federal Transit Administration'' and include docket number FTA-2016-0038. Due to the security procedures in effect since October 2011, mail received through the U.S. Postal Service may be subject to delays. Parties making submissions responsive to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to http://www.regulations.gov. For more information, you may review DOT's complete Privacy Act Statement in the Federal Register published April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Cecelia Comito, FTA Assistant Chief Counsel, at (202) 366-2217 or [email protected]. SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide notice and seek public comment on whether the FTA should grant a Buy America non-availability waiver for the Greater Dayton Regional Transportation Authority (GDRTA) to procure radio consoles, which would be a part of GDRTA's new communication system (the ``radio consoles''). On May 24, 2016, GPMTD requested a Buy America waiver for the radio consoles because [[Page 75903]] they are not produced in the United States in sufficiently and reasonably available quantities or of a satisfactory quality. 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). GDRTA is a public transit agency that serves Montgomery and Western Green counties in Ohio. GDRTA provides more than 9 million passenger trips per year on 31 routes throughout the region. In January 2014, GDRTA conducted a technology scope development project to determine how technology enhancements could improve its operational efficiency; this included a voice and data communication alternatives analysis. GDRTA comprehensively examined various technologies available for its voice and data communication needs. GDRTA compared and evaluated the differences between radio and cellular-based communication, including a cost analysis, reliability assessment, and long-range maintenance and operational differences. On August 5, 2014, the GDRTA Board approved the adoption of a mixed communication system for the agency, which would employ both voice and cellular data systems. GDRTA would join Montgomery County's 800MHz analog trunked system, instead of continuing to own a 450 MHz radio system. Montgomery County's analog system uses proprietary Motorola SmartNetTrunking, and all equipment must be original equipment manufacturer (OEM) Motorola devices. All equipment must also be programmed to use the County's 800MHz analog system and have the ability to work on the MARCS 800 MHz digital system without any additional hardware. In November 2014, GDRTA purchased Motorola mobile and portable radios for its supervisors and its diesel, trolly, paratransit, maintenance, and support vehicles. The procurement and installation of the radio consoles is the final step to move GDRTA's communication system to Montgomery County's system. Motorola manufactures equipment both domestically and overseas. While the voice processing module portion of the radio consoles are currently manufactured in Illinois, the other components are manufactured in Mexico. Thus, GDRTA is seeking a Buy America non- availability waiver under 49 CFR 661.7(c)(1) for the radio consoles. With certain exceptions, FTA's Buy America requirements prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless ``the steel, iron, and manufactured goods used in the project are produced in the United States.'' 49 U.S.C. 5323(j)(1). A manufactured product is considered produced in the United States if: (1) All of the manufacturing processes for the product take place in the United States; and (2) all of the components of the product are of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that ``the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality,'' then FTA may issue a waiver (non-availability waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). Finally, under 49 U.S.C. 5323(j)(6), FTA cannot deny an application for a waiver based on non-availability unless FTA can certify that (i) the steel, iron, or manufactured good (the ``item'') is produced in the United States in a sufficient and reasonably available amount; and (ii) the item produced in the United States is of a satisfactory quality. Additionally, FTA must provide a list of known manufacturers in the United States from which the item can be obtained. FTA is not aware of any manufacturers who produce the required radio consoles in the United States. The purpose of this notice is to publish GDRTA's request and seek public comment from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely the facts surrounding the request, including the effects of a potential waiver and the merits of the request. After consideration of the comments, FTA will publish a second notice in the Federal Register with a response to comments and noting any changes made to the proposed waiver as a result of the comments received. Ellen Partridge, Chief Counsel. [FR Doc. 2016-26317 Filed 10-31-16; 8:45 am] BILLING CODE P
![75902 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
DEPARTMENT OF TRANSPORTATION contact Adrianne Malasky by November comment before deciding whether to
15, 2016. grant the request. If granted, the waiver
Federal Transit Administration Members of the public may submit would apply to the radio consoles
written comments or suggestions identified in the waiver request.
Notice of Meeting of the Transit concerning the activities of TRACS at DATES: Comments must be received by
Advisory Committee for Safety any time before or after the meeting at November 15, 2016. Late-filed
(TRACS) TRACS@dot.gov, or to the U.S. comments will be considered to the
AGENCY: Federal Transit Administration, Department of Transportation, Federal extent practicable.
DOT. Transit Administration, Office of Transit ADDRESSES: Please submit your
ACTION: Notice of meeting. Safety and Oversight, Room E54–425, comments by one of the following
1200 New Jersey Avenue SE., means, identifying your submissions by
SUMMARY: This notice announces a Washington, DC 20590. Attention: docket number FTA–2016–0038:
public meeting of the Transit Advisory Adrianne Malasky. 1. Web site: http://
Committee for Safety (TRACS). TRACS Information from the meeting will be www.regulations.gov. Follow the
is a Federal Advisory Committee posted on FTA’s public Web site at instructions for submitting comments
established to provide information, https://www.transit.dot.gov/, on the on the U.S. Government electronic
advice, and recommendations to the TRACS Meeting Minutes page. Written docket site.
Secretary of the U.S. Department of comments submitted to TRACS will also 2. Fax: (202) 493–2251.
Transportation and the Federal Transit be posted at the above web address. 3. Mail: U.S. Department of
Administrator on matters relating to the Transportation, 1200 New Jersey
Carolyn Flowers,
safety of public transportation systems. Avenue SE., Docket Operations, M–30,
Acting Administrator.
DATES: The TRACS meeting will be held West Building, Ground Floor, Room
[FR Doc. 2016–26269 Filed 10–31–16; 8:45 am] W12–140, Washington, DC 20590–0001.
on November 29, 2016, from 9 a.m. to
5 p.m., and November 30, 2016, from 9 BILLING CODE P 4. Hand Delivery: U.S. Department of
a.m. to 1 p.m. Contact Adrianne Transportation, 1200 New Jersey
Malasky (see contact information below) Avenue SE., Docket Operations, M–30,
DEPARTMENT OF TRANSPORTATION West Building, Ground Floor, Room
by November 15, 2016, if you wish to
be added to the visitors list to gain W12–140, Washington, DC 20590–0001
Federal Transit Administration
access to the meeting. between 9 a.m. and 5 p.m., Monday
[Docket No. FTA–2016–0038] through Friday, except Federal holidays.
ADDRESSES: The meeting will be held at
the National Association of Home Instructions: All submissions must
Notice of Proposed Buy America make reference to the ‘‘Federal Transit
Builders, 1201 15th Street NW., Waiver for Radio Consoles
Washington, DC 20005. Administration’’ and include docket
AGENCY: Federal Transit Administration, number FTA–2016–0038. Due to the
FOR FURTHER INFORMATION CONTACT:
DOT. security procedures in effect since
Adrianne Malasky, Office of Transit October 2011, mail received through the
Safety and Oversight, Federal Transit ACTION: Notice of proposed Buy America U.S. Postal Service may be subject to
Administration, 1200 New Jersey waiver and request for comment. delays. Parties making submissions
Avenue SE., Washington, DC 20590– responsive to this notice should
0001 (telephone: 202–366–5496; or SUMMARY: The Federal Transit
Administration (FTA) received a request consider using an express mail firm to
email: TRACS@dot.gov). ensure the prompt filing of any
from the Greater Dayton Regional
SUPPLEMENTARY INFORMATION: This submissions not filed electronically or
Transit Authority (GDRTA) for a Buy
notice is provided in accordance with by hand. Note that all submissions
America non-availability waiver for the
the Federal Advisory Committee Act received, including any personal
procurement of radio consoles, which
(Pub. L. 92–463, 5 U.S.C. App. 2). information therein, will be posted
are a part of a voice and cellular data
TRACS is composed of 29 members without change or alteration to http://
communications system (the ‘‘radio
representing the broad base of expertise www.regulations.gov. For more
consoles’’). GDRTA’s current voice and
necessary to discharge its information, you may review DOT’s
data communications equipment is
responsibilities. The tentative agenda complete Privacy Act Statement in the
obsolete and malfunctioning. The new
for the November 29–30 meeting of Federal Register published April 11,
communication system will result in
TRACS is set forth below: 2000 (65 FR 19477), or you may visit
improved operational efficiency.
Agenda GDRTA seeks a waiver for the http://www.regulations.gov.
procurement of radio consoles because FOR FURTHER INFORMATION CONTACT:
(1) Introductory Remarks
(2) Facility Use/Safety Briefing there are no manufacturers that produce Cecelia Comito, FTA Assistant Chief
(3) Updates from the FTA Office of radio consoles that are compatible with Counsel, at (202) 366–2217 or
Transit Safety and Oversight and GDRTA’s communications system and Cecelia.comito@dot.gov.
the Office of Research, comply with the Buy America SUPPLEMENTARY INFORMATION: The
Demonstration and Innovation requirements. 49 U.S.C. 5323(j)(2)(B) purpose of this notice is to provide
(4) Work Group Presentations and and 49 CFR 661.7(c). GDRTA is joining notice and seek public comment on
Montgomery County’s radio system, and whether the FTA should grant a Buy
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Deliberations on Recommendations
to FTA the radio consoles compatible with the America non-availability waiver for the
(5) Public Comments new system must be original equipment Greater Dayton Regional Transportation
(6) Summary of Deliverables/ manufacturer (OEM) Motorola devices. Authority (GDRTA) to procure radio
Concluding Remarks Motorola cannot provide Buy America- consoles, which would be a part of
Members of the public wishing to compliant radio consoles. In accordance GDRTA’s new communication system
attend and/or make an oral statement with 49 U.S.C. 5323(j)(3)(A), FTA is (the ‘‘radio consoles’’). On May 24,
and participants seeking special providing notice of the non-availability 2016, GPMTD requested a Buy America
accommodations at the meeting must waiver request and seeks public waiver for the radio consoles because
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![Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices 75903
they are not produced in the United are produced in the United States.’’ 49 ACTION: Notice of proposed Buy America
States in sufficiently and reasonably U.S.C. 5323(j)(1). A manufactured waiver and request for comment.
available quantities or of a satisfactory product is considered produced in the
quality. 49 U.S.C. 5323(j)(2)(B); 49 CFR United States if: (1) All of the SUMMARY: The Federal Transit
661.7(c). manufacturing processes for the product Administration (FTA) received a request
GDRTA is a public transit agency that take place in the United States; and (2) from the Central Puget Sound Transit
serves Montgomery and Western Green all of the components of the product are Authority (Sound Transit) for a Buy
counties in Ohio. GDRTA provides more of U.S. origin. A component is America non-availability waiver for the
than 9 million passenger trips per year considered of U.S. origin if it is procurement of ultrastraight rail. Sound
on 31 routes throughout the region. In manufactured in the United States, Transit seeks to procure ultrastraight
January 2014, GDRTA conducted a regardless of the origin of its rail for a portion of its Northgate Link
technology scope development project subcomponents. 49 CFR 661.5(d). If, light rail extension to avoid exceedance
to determine how technology however, FTA determines that ‘‘the of contractually-mandated vibration
enhancements could improve its steel, iron, and goods produced in the thresholds. Sound Transit seeks a
operational efficiency; this included a United States are not produced in a waiver because there is no domestic
voice and data communication sufficient and reasonably available manufacturer available to produce rail
alternatives analysis. GDRTA amount or are not of a satisfactory that has passed the applicable vibration
comprehensively examined various quality,’’ then FTA may issue a waiver testing standards. In accordance with 49
technologies available for its voice and (non-availability waiver). 49 U.S.C. U.S.C. 5323(j)(3)(A), FTA is providing
data communication needs. GDRTA 5323(j)(2)(B); 49 CFR 661.7(c). notice of the waiver request and seeks
compared and evaluated the differences Finally, under 49 U.S.C. 5323(j)(6), public comment before deciding
between radio and cellular-based FTA cannot deny an application for a whether to grant the request. If granted,
communication, including a cost waiver based on non-availability unless the waiver would apply to a one-time
analysis, reliability assessment, and FTA can certify that (i) the steel, iron, FTA-funded procurement by Sound
long-range maintenance and operational or manufactured good (the ‘‘item’’) is Transit.
differences. On August 5, 2014, the produced in the United States in a DATES: Comments must be received by
GDRTA Board approved the adoption of sufficient and reasonably available November 8, 2016. Late-filed comments
a mixed communication system for the amount; and (ii) the item produced in will be considered to the extent
agency, which would employ both voice the United States is of a satisfactory practicable.
and cellular data systems. GDRTA quality. Additionally, FTA must provide
would join Montgomery County’s ADDRESSES: Please submit your
a list of known manufacturers in the comments by one of the following
800MHz analog trunked system, instead United States from which the item can
of continuing to own a 450 MHz radio means, identifying your submissions by
be obtained. FTA is not aware of any docket number FTA–2016–0037.
system. manufacturers who produce the
Montgomery County’s analog system 1. Web site: http://
required radio consoles in the United www.regulations.gov. Follow the
uses proprietary Motorola
States. instructions for submitting comments
SmartNetTrunking, and all equipment
must be original equipment The purpose of this notice is to on the U.S. Government electronic
manufacturer (OEM) Motorola devices. publish GDRTA’s request and seek docket site.
All equipment must also be public comment from all interested 2. Fax: (202) 493–2251.
programmed to use the County’s parties in accordance with 49 U.S.C. 3. Mail: U.S. Department of
800MHz analog system and have the 5323(j)(3)(A). Comments will help FTA Transportation, 1200 New Jersey
ability to work on the MARCS 800 MHz understand completely the facts Avenue SE., Docket Operations, M–30,
digital system without any additional surrounding the request, including the West Building, Ground Floor, Room
hardware. In November 2014, GDRTA effects of a potential waiver and the W12–140, Washington, DC 20590–0001.
purchased Motorola mobile and merits of the request. After 4. Hand Delivery: U.S. Department of
portable radios for its supervisors and consideration of the comments, FTA Transportation, 1200 New Jersey
its diesel, trolly, paratransit, will publish a second notice in the Avenue SE., Docket Operations, M–30,
maintenance, and support vehicles. The Federal Register with a response to West Building, Ground Floor, Room
procurement and installation of the comments and noting any changes made W12–140, Washington, DC 20590–0001
radio consoles is the final step to move to the proposed waiver as a result of the between 9 a.m. and 5 p.m., Monday
GDRTA’s communication system to comments received. through Friday, except Federal holidays.
Montgomery County’s system. Ellen Partridge, Instructions: All submissions must
Motorola manufactures equipment make reference to the ‘‘Federal Transit
Chief Counsel.
both domestically and overseas. While Administration’’ and include docket
[FR Doc. 2016–26317 Filed 10–31–16; 8:45 am]
the voice processing module portion of number FTA–2016–0037. Due to the
BILLING CODE P
the radio consoles are currently security procedures in effect since
manufactured in Illinois, the other October 2011, mail received through the
components are manufactured in U.S. Postal Service may be subject to
DEPARTMENT OF TRANSPORTATION
Mexico. Thus, GDRTA is seeking a Buy delays. Parties making submissions
America non-availability waiver under responsive to this notice should
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Transit Administration
49 CFR 661.7(c)(1) for the radio consider using an express mail firm to
consoles. ensure the prompt filing of any
[Docket No. FTA–2016–0037]
With certain exceptions, FTA’s Buy submissions not filed electronically or
America requirements prevent FTA Notice of Proposed Buy America by hand. Note that all submissions
from obligating an amount that may be Waiver for Ultrastraight Rail received, including any personal
appropriated to carry out its program for information therein, will be posted
a project unless ‘‘the steel, iron, and AGENCY: Federal Transit Administration, without change or alteration to http://
manufactured goods used in the project DOT. www.regulations.gov. For more
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Document Created: 2016-11-01 02:36:07
Document Modified: 2016-11-01 02:36:07
| 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 proposed Buy America waiver and request for comment. | |
| Dates | Comments must be received by November 15, 2016. Late-filed comments will be considered to the extent practicable. | |
| Contact | Cecelia Comito, FTA Assistant Chief Counsel, at (202) 366-2217 or [email protected] | |
| FR Citation | 81 FR 75902 |
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