81 FR 9933 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 38 (February 26, 2016)

Page Range		9933-9935
FR Document		2016-04211

This notice provides NHTSA's finding with respect to a request from the Michigan Office of Highway Safety Planning (OHSP) to waive the requirements of Buy America. NHTSA finds that a non-availability waiver is appropriate for OHSP to purchase twenty foreign-made motorcycles using Federal grant funds because there are no suitable motorcycles produced in the United States for motorcyclist safety training purposes.

Federal Register, Volume 81 Issue 38 (Friday, February 26, 2016)

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9933-9935]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-04211]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0010]

Notice of Buy America Waiver

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of Buy America Waiver.

-----------------------------------------------------------------------

SUMMARY: This notice provides NHTSA's finding with respect to a request
from the Michigan Office of Highway Safety Planning (OHSP) to waive the
requirements of Buy America. NHTSA finds that a non-availability waiver
is appropriate for OHSP to purchase twenty foreign-made motorcycles
using Federal grant funds because there are no suitable motorcycles
produced in the United States for motorcyclist safety training
purposes.

DATES: The effective date of this waiver is March 14, 2016. Written
comments regarding this notice may be submitted to NHTSA and must be
received on or before: March 14, 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

[[Page 9934]]

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 requirements, 23 U.S.C. 313, is appropriate
for Michigan's OHSP to purchase twenty motorcycles for motorcyclist
safety training using grant funds authorized under 23 U.S.C. 402 and
405(f). 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, driving while impaired
by alcohol and or drugs, motorcycle accidents, school bus accidents,
and unsafe driving behavior. 23 U.S.C. 402(a). Section 405(f) funds are
available for use by state highway safety programs to implement
effective programs to reduce the number of single and multi-vehicle
crashes involving motorcyclists that, among other things, include
supporting training of motorcyclists and the purchase of motorcycles.
23 U.S.C. 405(f)(1) & (4).
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); 49 CFR 1.95(f).
Recently, NHTSA published its finding that a public interest waiver
of the Buy America requirements is appropriate for a manufactured
product whose purchase price is $5,000 or less, excluding a motor
vehicle, when such product is purchased using Federal grant funds
administered under Chapter 4 of Title 23 of the United States Code. See
80 FR 37359 (June 30, 2015). Under this public interest waiver,
therefore, states are no longer required to submit a waiver of Buy
America to NHTSA for items costing $5,000 or less, except for motor
vehicles, when they purchase the item with Federal grant funds.
Michigan's OHSP seeks both a non-availability waiver--that the
product is not produced in the United States in sufficient quantities--
and a cost waiver--that the purchase of comparable domestic made
motorcycles are 25 percent greater than the cost of foreign made
motorcycles--to purchase twenty motorcycles for motorcyclist training
purposes. It seeks to purchase a combination of the following make,
model and model year motorcycles and unit price: 2016 Suzuki TU250X
($4,399); 2015 Yamaha V-Star 250 ($4,340); 2016 Yamaha TW200 ($4,590);
2015 Honda Grom ($3,199); and 2016 Honda Rebel 250 ($4,190). Michigan
asserts that a diverse training motorcycle fleet makes it easier to
match novice riders to training motorcycles they can ride safely and
comfortably during the training sessions. It notes that the Motorcycle
Safety Foundation's (MSF) level one classroom curriculum includes a
discussion of motorcycle types and styles, and how to choose a
motorcycle that matches a rider's body type and riding experience.
Michigan adds that the two outdoor sessions of its training program are
5 hours each, which is long enough that the student's comfort on the
motorcycle becomes a significant aspect of their training experience.
The total purchase price for all twenty motorcycles ranges from
$63,980-$91,800. This training program is designed to improve traffic
safety by assuring that individuals seeking to obtain a Michigan
motorcycle operator's license are properly trained in basic motorcycle
operation and safety.
OHSP requires that its training motorcycles meet certain
specifications. The engine displacement must be no more than 250 cubic
centimeters (CC). Michigan, however, is unable to identify any
motorcycles with this specification that meet the Buy America
requirements. OHSP researched motorcycle models made by several
American motorcycle manufacturers: Harley-Davidson, Inc., Victory
Motorcycles, Indian Motorcycles, ATK Motorcycles and Cleveland
CycleWerks. Harley-Davidson produces a 500 CC motorcycle called the
Street 500, with a MSRP of $6,849. Victory Motorcycles and Indian
Motorcycles produce motorcycles with a much heavier and larger engine
displacement than 500 CC, with the lowest MSRP of $12,499 for the
Victory Vegas 8-ball motorcycle and the lowest MSRP of $10,999 for the
Indian Scout. OHSP reached out to ATK Motorcycles, a domestic
manufacturer located in Utah, and determined that ATK Motorcycles are
not currently produced or available for sale. OHSP also found that
Cleveland CycleWerks manufactures motorcycles in China, with minimal
assemblage in the United States.
Michigan states that its fleet of training motorcycles consists of
motorcycles with less than 500 CC engine displacement and states that
its practice is to use motorcycles with 250 CC engine displacement or
less to enhance safety and minimize risk to participants of the
training course. OHSP was unable to find a motorcycle that meets its
requirements for training motorcycles that also meets the Buy America
requirements. OHSP seeks to use the aforementioned motorcycles for its
2016 motorcycle safety training program because they are smaller
motorcycles with smaller engine displacement (250 CC). These
motorcycles have universal applicability to all rider characteristics.
For example, tall and short individuals can train with these smaller
motorcycles; whereas, shorter individuals would have difficulty riding
taller motorcycles, which, in general, have larger engine displacement.
Moreover, motorcycles with smaller engine displacement are lighter and
have less engine power that permit novice riders, or those with smaller
physical stature, the ability to maneuver the motorcycles with limited
risk of the motorcycle overpowering the riders causing injury. While
some larger motorcycles (500 CC) are suitable for some motorcycle
riders to train on, these motorcycles may overwhelm novice riders with
their engine power and weight. Motorcycles with larger engine
displacements do not have the universal applicability of the 250 CC
motorcycles and would limit the effectiveness of Michigan's training
courses. The smaller motorcycles will enable Michigan to continue to
have effective motorcycle safety training courses that further the goal
of section 402 and 405 to reduce motorcycle crashes and develop
effective motorcyclist training for all its constituents.
NHTSA is unaware of any other domestic motorcycle manufacturers
than Harley-Davidson, Victory, and Indian. As these manufacturers do
not sell a motorcycle that meets the requirements for Michigan's
motorcycle safety training purposes, a Buy America

[[Page 9935]]

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)(3), NHTSA finds that it is appropriate to grant a waiver from
the Buy America requirements to Michigan to purchase twenty motorcycles
for training purposes. Michigan seeks both a non-availability waiver--
where the product is not produced in the United States in sufficient
quantities--and a cost basis waiver--where the purchase of a comparable
domestic made motorcycle is 25 percent greater than the cost of foreign
a made motorcycle. We have construed this as a non-availability waiver
request because a cost basis waiver is not appropriate when there is no
comparable domestic product against which to compare the price of the
foreign product. Here, no domestic manufacturer produces a motorcycle
with 250 CC engine displacement. As smaller engine displacement is
common for training purposes and no American manufacturer produces
motorcycles with this specification, a non-availability waiver is
appropriate.
This waiver applies to Michigan and all other States seeking to use
section 402 and 405 funds to purchase the make and model motorcycles
above and for the purposes mentioned herein. This waiver will continue
through fiscal year 2016 and will allow the purchase of these items as
required for Michigan's OHSP and its motorcyclist training programs.
Accordingly, this waiver will expire at the conclusion of fiscal year
2016 (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 America requirements is appropriate for
certain Suzuki, Yamaha and Honda motorcycles.
Written comments on this finding may be submitted through any of
the methods discussed above. NHTSA may reconsider these findings, if
through comment, it learns of and can confirm the existence of a
comparable domestically made product to the items granted a waiver.
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 February 22, 2016 under authority
delegated in 49 CFR part 1.95.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-04211 Filed 2-25-16; 8:45 am]
BILLING CODE 4910-59-P

Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices 9933

Transit Research, Development, programs which may include courses in automated collection techniques or
Demonstration and Training Projects recent developments, techniques, and other forms of information technology.
The Federal Transit Administration’s procedures related to intermodal and William Hyre,
Research, Development, Demonstration, public transportation planning;
Deputy Associate Administrator for
Deployment, Cooperative Research, management; environmental factors; Administration.
Technical Assistance, Standards acquisition and joint use rights-of-way; [FR Doc. 2016–04126 Filed 2–25–16; 8:45 am]
Development, and Human Resources engineering and architectural design;
BILLING CODE P
and Training programs are authorized at procurement strategies for public
49 U.S.C. 5312, 5313, 5314, and 5322 transportation systems; new
and collectively seek to develop technologies; emission reduction DEPARTMENT OF TRANSPORTATION
solutions that improve public technologies; way to make public
transportation. Its primary goals are to transportation accessible to individuals National Highway Traffic Safety
increase transit ridership, improve with disabilities; construction, Administration
safety and emergency preparedness, construction management, insurance,
improve operating efficiencies, protect and risk management; maintenance; [Docket No. NHTSA–2016–0010]
the environment, promote energy contract administration; inspection;
independence, and provide transit Notice of Buy America Waiver
innovative finance; workplace safety;
research leadership; develop and and public transportation security. The AGENCY: National Highway Traffic
conduct workforce development program also funds innovative Safety Administration (NHTSA),
activities, training and educational workforce development activities in Department of Transportation (DOT).
programs for Federal, State, and local areas with special emphasis on targeting ACTION: Notice of Buy America Waiver.
transportation employees, United States
areas with high unemployment; provide
citizens, and foreign nationals engaged SUMMARY: This notice provides
advanced training related to
or to be engaged in Government-aid NHTSA’s finding with respect to a
relating to public transportation work; maintenance of alternative energy
efficient or zero emission vehicle; and request from the Michigan Office of
and to sponsor development of Highway Safety Planning (OHSP) to
voluntary and consensus-based address current or projected workforce
shortages in areas that require technical waive the requirements of Buy America.
standards to more effectively and NHTSA finds that a non-availability
efficiently provide transit service, as expertise. In addition, it will provide for
waiver is appropriate for OHSP to
well as support the improved the development of voluntary and
purchase twenty foreign-made
administration of Federal transit funds. consensus-based standards and best motorcycles using Federal grant funds
To accomplish this, FTA funds projects practices by the public transportation because there are no suitable
to support research and development, industry, including standards and best motorcycles produced in the United
demonstration, deployments of various practices for safety, fare collection, States for motorcyclist safety training
technologies and operational models for Intelligent Transportation Systems, purposes.
transit; a national cooperative research accessibility, procurement, security,
program, a national training institute, asset management to maintain a state of DATES: The effective date of this waiver
national technical assistance centers, is March 14, 2016. Written comments
good repair, operations, maintenance,
and transit workforce development regarding this notice may be submitted
vehicle propulsion, communications,
programs. The Federal Register notice to NHTSA and must be received on or
and vehicle electronics.
with a 60-day comment period soliciting before: March 14, 2016.
Estimated Total Burden: 20,550 ADDRESSES: Written comments may be
comments for the Transit Research,
hours. submitted using any one of the
Development, Demonstration and
Training Projects was published on ADDRESSES: All written comments must following methods:
December 21, 2015 (Citation 80 FR 244). refer to the docket number that appears • Mail: Docket Management Facility,
No comments were received from that at the top of this document and be M–30, U.S. Department of
notice. submitted to the Office of Information Transportation, West Building, Ground
and Regulatory Affairs, Office of Floor, Rm. W12–140, 1200 New Jersey
DATES: Comments must be submitted
Management and Budget, 725 17th Avenue SE., Washington, DC 20590.
before March 28, 2016. A comment to
Street NW., Washington, DC 20503, • Fax: Written comments may be
OMB is most effective, if OMB receives
faxed to (202) 493–2251.
it within 30 days of publication. Attention: FTA Desk Officer.
• Internet: To submit comments
FOR FURTHER INFORMATION CONTACT: Tia Comments are Invited On: Whether electronically, go to the Federal
Swain, Office of Administration, Office the proposed collection of information regulations Web site at http://
of Management Planning, (202) 366– is necessary for the proper performance www.regulations.gov. Follow the online
0354. of the functions of the Department, instructions for submitting comments.
SUPPLEMENTARY INFORMATION: including whether the information will • Hand Delivery: West Building
Title: Transit Research, Development, have practical utility; the accuracy of Ground Floor, Room W12–140, 1200
Demonstration and Training Projects the Department’s estimate of the burden New Jersey Avenue SE., between 9 a.m.
(OMB Number: 2132–0546). of the proposed information collection; and 5 p.m. Eastern Time, Monday
mstockstill on DSK4VPTVN1PROD with NOTICES

Abstract: The Transit Research, ways to enhance the quality, utility, and through Friday, except Federal holidays.
Development, Demonstration and clarity of the information to be Instructions: All comments submitted
Training Projects program supports collected; and ways to minimize the in relation to this waiver must include
research not undertaken by the private burden of the collection of information the agency name and docket number.
sector including studies on transit on respondents, including the use of Please note that all comments received
policy issues, operational efficiency, will be posted without change to http://
and travel behavior. Funding also www.regulations.gov, including any
provides for training and educational personal information provided. You

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Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices 9935

waiver is appropriate. NHTSA invites Issued in Washington, DC, on February 22, DOT’s Web site at
public comment on this conclusion. 2016 under authority delegated in 49 CFR www.transportation.gov/TIGER.
part 1.95.
In light of the above discussion, and SUPPLEMENTARY INFORMATION: This
Paul A. Hemmersbaugh, notice is substantially similar to the
pursuant to 23 U.S.C. 313(b)(3), NHTSA
finds that it is appropriate to grant a Chief Counsel. final notice published for the TIGER
waiver from the Buy America [FR Doc. 2016–04211 Filed 2–25–16; 8:45 am] Discretionary Grants program in the
requirements to Michigan to purchase BILLING CODE 4910–59–P Federal Register on April 3, 2015 (80 FR
twenty motorcycles for training 18283) for fiscal year 2015 funds.
purposes. Michigan seeks both a non- However, unlike that round of TIGER
availability waiver—where the product DEPARTMENT OF TRANSPORTATION Discretionary Grants, this year a pre-
is not produced in the United States in application is not required to enhance
Office of the Secretary of
sufficient quantities—and a cost basis efficiency of review. In addition, this
Transportation
waiver—where the purchase of a round of TIGER Discretionary Grants
comparable domestic made motorcycle Notice of Funding Opportunity for the reduces the minimum grant to $5
is 25 percent greater than the cost of Department of Transportation’s million from $10 million for urban areas
foreign a made motorcycle. We have National Infrastructure Investments and maximum grant to $100 million
construed this as a non-availability Under the Consolidated from $200 million, as specified in the
waiver request because a cost basis Appropriations Act, 2016 FY 2016 Appropriations Act.
waiver is not appropriate when there is Additionally, the FY 2016
no comparable domestic product against AGENCY: Office of the Secretary of Appropriations Act extends the amount
which to compare the price of the Transportation, DOT. of time that 2016 TIGER funds are
foreign product. Here, no domestic ACTION: Notice of funding opportunity. available for obligation by one
manufacturer produces a motorcycle additional year, to expire September 30,
with 250 CC engine displacement. As SUMMARY: The Consolidated 2019. Each section of this notice
smaller engine displacement is common Appropriations Act, 2016 (Pub. L. 114– contains information and instructions
for training purposes and no American 113, December 18, 2015) (‘‘FY 2016 relevant to the application process for
manufacturer produces motorcycles Appropriations Act’’ or the ‘‘Act’’) these TIGER Discretionary Grants, and
with this specification, a non- appropriated $500 million to be all applicants should read this notice in
availability waiver is appropriate. awarded by the Department of its entirety so that they have the
This waiver applies to Michigan and Transportation (‘‘DOT’’ or the information they need to submit eligible
all other States seeking to use section ‘‘Department’’) for National and competitive applications.
402 and 405 funds to purchase the make Infrastructure Investments. This Table of Contents
and model motorcycles above and for appropriation is similar, but not
the purposes mentioned herein. This identical, to the program funded and A. Program Description
implemented pursuant to the American B. Federal Award Information
waiver will continue through fiscal year C. Eligibility Information
2016 and will allow the purchase of Recovery and Reinvestment Act of 2009
D. Application and Submission Information
these items as required for Michigan’s (the ‘‘Recovery Act’’) known as the E. Application Review Information
OHSP and its motorcyclist training Transportation Investment Generating F. Federal Award Administration
programs. Accordingly, this waiver will Economic Recovery, or ‘‘TIGER Information
expire at the conclusion of fiscal year Discretionary Grants,’’ program. Because G. Federal Awarding Agency Contacts
2016 (September 30, 2016). In of the similarity in program structure, H. Other Information
accordance with the provisions of DOT will continue to refer to the
A. Program Description
Section 117 of the Safe, Accountable, program as ‘‘TIGER Discretionary
Flexible, Efficient Transportation Equity Grants.’’ Funds for the FY 2016 TIGER Since the TIGER Discretionary Grants
Act: A Legacy of Users Technical program (‘‘TIGER FY 2016’’) are to be program was first created, $4.6 billion
Corrections Act of 2008 (Pub. L. 110– awarded on a competitive basis for has been awarded for capital
244, 122 Stat. 1572), NHTSA is projects that will have a significant investments in surface transportation
providing this notice as its finding that impact on the Nation, a metropolitan infrastructure over seven rounds of
a waiver of the Buy America area, or a region. The purpose of this competitive grants. The TIGER
requirements is appropriate for certain final notice is to solicit applications for Discretionary Grants program seeks to
Suzuki, Yamaha and Honda TIGER Discretionary Grants. award projects that advance DOT’s
motorcycles. DATES: Applications must be submitted
strategic goals for the nation’s
by 8:00 p.m. EDT on April 29, 2016. transportation system found in DOT’s
Written comments on this finding
Strategic Plan for FY 2014–FY 2018
may be submitted through any of the ADDRESSES: Applications must be (https://www.transportation.gov/policy-
methods discussed above. NHTSA may submitted through Grants.gov. initiatives/draft-dot-strategic-plan-fy-
reconsider these findings, if through
FOR FURTHER INFORMATION CONTACT: For 2014-2018). Section E, Application
comment, it learns of and can confirm
further information concerning this Review Information, of this notice
the existence of a comparable
notice, please contact the TIGER describes the TIGER Discretionary
domestically made product to the items
Discretionary Grants program staff via Grants selection criteria based on these
granted a waiver.
mstockstill on DSK4VPTVN1PROD with NOTICES

email at TIGERGrants@dot.gov, or call goals. Please see DOT’s Web site at
This finding should not be construed Howard Hill at 202–366–0301. A TDD is www.transportation.gov/TIGER for
as an endorsement or approval of any available for individuals who are deaf or background on previous rounds of
products by NHTSA or the U.S. hard of hearing at 202–366–3993. In TIGER Discretionary Grants.
Department of Transportation. The addition, DOT will regularly post Throughout the TIGER program,
United States Government does not answers to questions and requests for TIGER Discretionary Grants awards
endorse products or manufacturers. clarifications as well as information have supported innovative projects,
Authority: 23 U.S.C. 313; Pub. L. 110–161. about webinars for further guidance on including multimodal and

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Document Created: 2018-02-02 14:37:06
Document Modified: 2018-02-02 14:37:06

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		The effective date of this waiver is March 14, 2016. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: March 14, 2016.
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.
FR Citation		81 FR 9933

81 FR 9933 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 38 (February 26, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration