81 FR 89571 - Notice of Buy America Waiver for Radio Consoles
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 238 (December 12, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 238 (December 12, 2016)
| Page Range | 89571-89572 | |
| FR Document | 2016-29685 |
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)] [Notices] [Pages 89571-89572] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29685] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0038] Notice of Buy America Waiver for Radio Consoles AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America waiver. ----------------------------------------------------------------------- SUMMARY: In response to Greater Dayton Regional Transit Authority's (GDRTA) request for a Buy America non-availability waiver for the procurement of radio consoles, which would be a part of GDRTA's new communication system (``radio consoles''), the Federal Transit Administration (FTA) hereby waives its Buy America requirements, finding that the materials for which the waiver is requested are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality. This waiver is limited to a single procurement by GDRTA for the radio consoles. DATES: This waiver is effective immediately. 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 announce that FTA has granted a Buy America non-availability waiver for GDRTA for the procurement of radio consoles under 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c). With certain exceptions, FTA's Buy America requirements prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless ``the steel, iron, and manufactured goods used in the project are produced in the United States.'' 49 U.S.C. 5323(j)(1). A manufactured product is considered produced in the United States if: (1) All of the manufacturing processes for the product take place in the United States; and (2) all of the components of the product are of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that ``the [[Page 89572]] steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality,'' then FTA may issue a non-availability waiver. 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). ``It will be presumed that the conditions exist to grant this non-availability waiver if no responsive and responsible bid is received offering an item produced in the United States.'' 49 CFR 661.7(c)(1). 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 adopted of a mixed communication system for the agency, which would employ both voice and cellular data systems. GDRTA would join Montgomery County's 800 MHz 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 also must be programmed to use the County's 800 MHz 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 currently are manufactured in Illinois, the other components are manufactured in Mexico. Thus, GDRTA submitted a waiver request based on non-availability under 49 CFR 661.7(c)(1). On Tuesday November 1, 2016, and in accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice in the Federal Register announcing the Buy America waiver request (81 FR 211) seeking comment from all interested parties, including potential vendors and suppliers. The comment period closed on November 15, 2016, and no comments were received. Therefore, based on the information supplied in support of GDRTA's request for a Buy America waiver for the radio consoles, FTA hereby waives its Buy America requirements for the radio consoles on the grounds that the manufactured product is not available in the U.S. This waiver is limited to a single procurement for the radio consoles by GDRTA. Ellen Partridge, Chief Counsel. [FR Doc. 2016-29685 Filed 12-9-16; 8:45 am] BILLING CODE 4910-57-P
![Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 89571
United States are not produced in a requested proprietary information. The waiver is effective for all phases of
sufficient and reasonably available NCTD undertook three additional these projects.
amount or are not of a satisfactory procurements for the Replacement Parts. Ellen Partridge,
quality,’’ then FTA may issue a non- Three responses were received; none Chief Counsel.
availability waiver. 49 U.S.C. could certify to Buy America
5323(j)(2)(B); 49 CFR 661.7(c). ‘‘It will [FR Doc. 2016–29707 Filed 12–9–16; 8:45 am]
compliance.
be presumed that the conditions exist to BILLING CODE P
grant this non-availability waiver if no NCTD’s 12 vehicles are the only
responsive and responsible bid is Siemens Sprinter vehicles in the United
received offering an item produced in States. Additionally, since these DEPARTMENT OF TRANSPORTATION
the United States.’’ 49 CFR 661.7(c)(1). vehicles were specifically designed to
meet California Public Utilities Federal Transit Administration
NCTD provides transit service to the
entire North San Diego County, serving Commission rail safety requirements, [Docket No. FTA–2016–0038]
more than 12 million riders annually. In Sprinter is the only vehicle of its kind
2003, NCTD requested and received internationally. NCTD’s multiple Notice of Buy America Waiver for
from FTA a non-availability Buy procurement efforts have demonstrated Radio Consoles
America waiver for the procurement of that there are no suppliers willing to AGENCY: Federal Transit Administration,
12 DMU vehicles for use on NCTD’s invest in infrastructure to manufacture DOT.
Sprinter line, with 15 light rail stations parts that are suitable only for NCTD’s ACTION: Notice of Buy America waiver.
between the cities of Escondido and 12 vehicles.
Oceanside. NCTD purchased the 12 SUMMARY: In response to Greater Dayton
Under 49 U.S.C. 5323(j)(6), FTA
DMU vehicles in 2004 and placed the Regional Transit Authority’s (GDRTA)
vehicles into revenue service in 2008 on cannot deny an application for a waiver
request for a Buy America non-
NCTD’s Sprinter line. The useful life of based on non-availability unless FTA availability waiver for the procurement
the vehicles is 25 years. can certify that (i) the steel, iron, or of radio consoles, which would be a part
According to NCTD, the manufactured good (the ‘‘item’’) is of GDRTA’s new communication system
Replacements Parts for the DMU produced in the United States in a (‘‘radio consoles’’), the Federal Transit
vehicles are nearing the end of their sufficient and reasonably available Administration (FTA) hereby waives its
useful service lives and showing signs amount; and (ii) the item produced in Buy America requirements, finding that
of wear and fatigue. Without periodic the United States is of a satisfactory the materials for which the waiver is
capital equipment replacement and/or quality. Additionally, FTA must provide requested are not produced in the
rebuild, the likelihood of mechanical a list of known manufacturers in the United States in sufficient and
downtime increases significantly, United States from which the item can reasonably available quantities and of
equating to prolonged service outages be obtained. FTA is not aware of any satisfactory quality. This waiver is
for riders. In March 2013, NCTD manufacturers who produce the limited to a single procurement by
removed the Sprinter service from Replacement Parts in the United States. GDRTA for the radio consoles.
revenue service for more than two DATES: This waiver is effective
The 12 DMUs purchased by NCTD
months due to premature wear of one of immediately.
the three braking systems and were granted a waiver from Buy
unavailability of domestic replacement America, and Replacement Parts are FOR FURTHER INFORMATION CONTACT:
parts. NCTD intends to replace the necessary for mid-life maintenance of Cecelia Comito, FTA Assistant Chief
components over several phases during the rail vehicles. Due to its unsuccessful Counsel, at (202) 366–2217 or
the coming years, from 2018 through efforts to identify domestic cecelia.comito@dot.gov.
2026. The last phase is anticipated to be manufacturers, NCTD seeks a non- SUPPLEMENTARY INFORMATION: The
procured over a subsequent seven-year availability waiver of the Buy America purpose of this notice is to announce
period. Any non-availability waiver requirements for the various that FTA has granted a Buy America
granted would be effective for all phases Replacement Parts. FTA published a non-availability waiver for GDRTA for
of these projects and will expire upon notice in the Federal Register the procurement of radio consoles under
completion of these projects. announcing the Buy America waiver 49 U.S.C. 5323(j)(2)(B) and 49 CFR
As a part of its search for domestic request (Docket No. FTA–2016–0036) 661.7(c).
Replacement Parts, NCTD issued a and sought comments from all With certain exceptions, FTA’s Buy
Request for Information (RFI) on interested parties, including potential America requirements prevent FTA
November 12, 2013 to maintenance and vendors and suppliers. The comment from obligating an amount that may be
engineering communities to determine period closed on November 14, 2016, appropriated to carry out its program for
if any firms existed that could either and no comments were received. a project unless ‘‘the steel, iron, and
supply Buy America compliant parts manufactured goods used in the project
and components, or reverse engineer the Therefore, based on the information are produced in the United States.’’ 49
parts and components utilizing plans provided in support of NCTD’s request U.S.C. 5323(j)(1). A manufactured
and specifications provided. More than for a Buy America waiver and the lack product is considered produced in the
300 vendors received the RFI; 19 of any comments, FTA hereby waives its United States if: (1) All of the
downloaded the RFI. One vendor Buy America requirements for the manufacturing processes for the product
responded that ‘‘with proper procurement of the various Replacement take place in the United States; and (2)
mstockstill on DSK3G9T082PROD with NOTICES
specifications, drawings, and samples, Parts on the grounds that the all of the components of the product are
we may be able to design and supply manufactured product is not available of U.S. origin. A component is
Buy America Compliant, OE equivalent, in the U.S. This waiver is limited to the considered of U.S. origin if it is
air bellows, primary suspension, and purchase of replacement parts for the 12 manufactured in the United States,
passenger bellows.’’ However, the DMUs which will be acquired for the regardless of the origin of its
original equipment manufacturer replacement of the components over subcomponents. 49 CFR 661.5(d). If,
(‘‘OEM’’) would not provide the several phases from 2018 through 2026. however, FTA determines that ‘‘the
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![89572 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
steel, iron, and goods produced in the comment from all interested parties, This waiver is effective
DATES:
United States are not produced in a including potential vendors and immediately.
sufficient and reasonably available suppliers. The comment period closed FOR FURTHER INFORMATION CONTACT:
amount or are not of a satisfactory on November 15, 2016, and no Cecelia Comito, FTA Assistant Chief
quality,’’ then FTA may issue a non- comments were received. Counsel, (202)366–2217 or
availability waiver. 49 U.S.C. Therefore, based on the information Cecelia.comito@dot.gov.
5323(j)(2)(B); 49 CFR 661.7(c). ‘‘It will supplied in support of GDRTA’s request SUPPLEMENTARY INFORMATION: The
be presumed that the conditions exist to for a Buy America waiver for the radio purpose of this notice is to announce
grant this non-availability waiver if no consoles, FTA hereby waives its Buy that FTA is granting a public interest
responsive and responsible bid is America requirements for the radio waiver to the Port Authority of New
received offering an item produced in consoles on the grounds that the York and New Jersey (PANYNJ) for the
the United States.’’ 49 CFR 661.7(c)(1). manufactured product is not available
In January 2014, GDRTA conducted a procurement of replacement equipment
in the U.S. This waiver is limited to a damaged by Hurricane Sandy at the
technology scope development project single procurement for the radio
to determine how technology World Trade Center Transportation Hub
consoles by GDRTA. (WTC Hub) project.
enhancements could improve its
operational efficiency; this included a Ellen Partridge, With certain exceptions, FTA’s Buy
voice and data communication Chief Counsel. America requirements prevent FTA
alternatives analysis. GDRTA [FR Doc. 2016–29685 Filed 12–9–16; 8:45 am] from obligating an amount that may be
comprehensively examined various BILLING CODE 4910–57–P
appropriated to carry out its program for
technologies available for its voice and a project unless ‘‘the steel, iron, and
data communication needs. GDRTA manufactured goods used in the project
compared and evaluated the differences DEPARTMENT OF TRANSPORTATION are produced in the United States.’’ 49
between radio and cellular-based U.S.C. 5323(j)(1). If, however, FTA finds
communication, including a cost Federal Transit Administration that the application of this requirement
analysis, reliability assessment, and would be inconsistent with the public
[Docket No. FTA–2016–0035]
long-range maintenance and operational interest, it may waive this requirement.
differences. On August 5, 2014, the Notice of Buy America Public Interest 49 U.S.C. 5323 (j)(2)(A). In determining
GDRTA Board approved the adopted of Waiver for Hurricane Sandy whether the conditions exist to grant a
a mixed communication system for the Emergency Relief Work Performed for public interest waiver, FTA will
agency, which would employ both voice the World Trade Center consider all appropriate factors on a
and cellular data systems. GDRTA case-by-case basis, unless a general
would join Montgomery County’s 800 AGENCY: Federal Transit Administration, exception is specifically set out in this
MHz analog trunked system, instead of DOT. part. 49 U.S.C. 5323(j)(2)(A); 49 CFR
continuing to own a 450 MHz radio ACTION: Notice Buy America waiver. 661.7(b).
system. On May 13, 2015, PANYNJ requested
Montgomery County’s analog system SUMMARY: The Federal Transit a Buy America waiver for the
uses proprietary Motorola Administration (FTA) received a request replacement or repair of equipment
SmartNetTrunking, and all equipment from the Port Authority of New York damaged by Hurricane Sandy at the
must be original equipment and New Jersey (PANYNJ) for a Buy WTC Hub because the WTC Hub project
manufacturer (OEM) Motorola devices. America public interest waiver for the is being constructed pursuant to a grant
All equipment also must be procurement of equipment to replace awarded in 2003, it is not feasible to
programmed to use the County’s 800 what was damaged at the World Trade replace the damaged equipment with
MHz analog system and have the ability Center Transportation Hub (WTC Hub) equipment that is different than that
to work on the MARCS 800 MHz digital project during Hurricane Sandy. A used in the original project and it is in
system without any additional public interest waiver is needed because the public’s interest to repair the
hardware. In November 2014, GDRTA Hurricane Sandy damaged an existing damage at the WTC Hub as quickly as
purchased Motorola mobile and construction site that receives federal possible. 49 U.S.C. 5323(j)(2)(A); 49 CFR
portable radios for its supervisors and funds but is not subject to FTA’s Buy 661.7(b). Additionally, the underlying
its diesel, trolly, paratransit, America requirements and the only project is not subject to FTA’s Buy
maintenance, and support vehicles. The option PANYNJ had to implement America requirements.
procurement and installation of the Sandy recovery work was to replace the The September 11, 2001 terrorist
radio consoles is the final step to move damaged equipment with the same attacks on the World Trade Center
GDRTA’s communication system to equipment. 49 U.S.C. 5323(j)(2)(A) and resulted in extensive damage to the
Montgomery County’s system. 49 CFR 661.7(b). In accordance with 49 WTC Hub. In August 2002, the Federal
Motorola manufactures equipment U.S.C. 5323(j)(3)(A), FTA provided Emergency Management Agency
both domestically and overseas. While notice of the public interest waiver (FEMA) entered into a memorandum of
the voice processing module portion of request and sought comment on agreement with the U.S. Department of
the radio consoles currently are whether to grant the request. FTA Transportation under which FEMA
manufactured in Illinois, the other received one comment in support of the agreed to provide $2.75 billion to cover
components are manufactured in waiver, and no comments objecting to expenses incurred in repairing or
Mexico. Thus, GDRTA submitted a the waiver. Therefore, FTA is issuing a rebuilding public transportation
mstockstill on DSK3G9T082PROD with NOTICES
waiver request based on non-availability general public interest waiver for two facilities and systems damaged by the
under 49 CFR 661.7(c)(1). PANYNJ Hurricane Sandy grants, NY– September 11, 2001 terrorist attacks.
On Tuesday November 1, 2016, and in 44–X005 and NY–44–X014. This public Under the agreement, FTA would serve
accordance with 49 U.S.C. 5323(j)(3)(A), interest waiver is limited to the as the lead agency to oversee the grant
FTA published a notice in the Federal Hurricane Sandy recovery projects at and the construction of the project. In
Register announcing the Buy America the WTC Hub only and does not apply December 2003, FTA entered into a
waiver request (81 FR 211) seeking to separately funded resiliency projects. grant agreement with PANYNJ to
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Document Created: 2018-02-14 09:05:35
Document Modified: 2018-02-14 09:05:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Buy America waiver. | |
| Dates | This waiver is effective immediately. | |
| Contact | Cecelia Comito, FTA Assistant Chief Counsel, at (202) 366-2217 or [email protected] | |
| FR Citation | 81 FR 89571 |
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