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)

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.

[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]


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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.

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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