Notice of Buy America Waiver |
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O. Kevin Vincent
National Highway Traffic Safety Administration
December 16, 2014
[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74811-74812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29403]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0128]
Notice of Buy America Waiver
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of Buy America waiver.
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SUMMARY: This notice provides NHTSA's finding that a waiver of the Buy
America requirements is appropriate for the purchase of Nania Baby Ride
infant car seats by the Maryland Highway Safety Office (MHSO), using
Federal grant funds. NHTSA finds that a non-availability waiver of the
Buy America requirements is appropriate for the purchase of these
infant car seats using Federal highway safety grant funds because there
are no suitable products produced in the United States.
DATES: The effective date of this waiver is December 26, 2014. Written
comments regarding this notice may be submitted to NHTSA and must be
received on or before: December 26, 2014.
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.
[[Page 74812]]
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
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 the Maryland Highway Safety Office (MHSO) to purchase Nania Baby
Ride infant car seats, Model No. 378099, using grant funds authorized
under 23 U.S.C. 402 (section 402). Section 402 funds are available for
use by State Highway Safety Programs that, among other things,
encourage the proper use of occupant protection devices, including
child restraint systems. 23 U.S.C. 402(a).
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). In this instance, NHTSA has determined that a waiver is
appropriate for the purchase of Nania Baby Ride child seats because
there is no comparable product produced domestically that meets the
need identified by MHSO--specifically, the transport of low birth
weight infants under four pounds.
MHSO seeks a waiver for one of its grantees, the Maryland
Department of Health and Mental Hygiene, who operates Maryland's Kids
in Safety Seats (KISS) Car Seat Loaner Program, to purchase the Nania
Baby Ride car seats. KISS operates several Car Seat Assistance Programs
throughout Maryland that work with hospitals to discharge healthy
infants less than four pounds. MHSO states that it is a best practice
to send healthy, low birth weight infants home in car seats, instead of
car beds. This is because car seats are easier to use and install in
vehicles, require only one seating position in a vehicle (as opposed to
two, depending on the vehicle), and the harness dimensions of car seats
are not as limiting as car beds.
The Nania Baby ride model was selected by these programs because it
has a birth-to-22-pound weight allowance, which allows for the
transport of under-four-pound infants. The model is rear-facing,
equipped with low harness slots, a 5-point front harness adjuster that
allows an easy and accurate harness fit for infants less than four
pounds. The institutional model, sold through Child Source, retails for
approximately $39.90 per seat. It is considered a manufactured product
under Buy America and is produced in France.
NHTSA conducted an assessment of available child restraints and is
not aware of a comparable child seat produced in the United States. The
Nania Baby Ride is unique in the child seat market because it does not
specify a minimum child weight. Rather, it is designed to safely seat
children from birth-weight to 22 pounds. NHTSA is aware of only one
other car seat, the Combi Navette, which is designed to seat infants
under four pounds; however, it appears the Navette is currently
manufactured in Japan. Furthermore, all domestically-produced car seats
on the market specify a minimum infant weight of at least four pounds.
Since a child seat that meets the requirements identified by MHSO is
unavailable from a domestic manufacturer, the Buy America 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)(2), NHTSA finds that it is appropriate to grant a waiver from
the Buy America requirements to MHSO in order to purchase Nania Baby
Ride infant car seats. This waiver applies to Maryland and all other
States seeking to use section 402 funds to purchase Nania Baby Ride
infant car seats for the purposes mentioned herein. These waivers will
continue through fiscal year 2015 and will allow the purchase of these
items as required by MHSO. Accordingly, this waiver will expire at the
conclusion of fiscal year 2015 (September 30, 2015). 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. Written comments on this finding may be
submitted through any of the methods discussed above. NHTSA may
reconsider this finding if through the comments it learns of and can
confirm the existence of a comparable domestically made product to the
Nania Baby Ride infant car seat.
This finding should not be construed as an endorsement or approval
of the 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, under authority delegated in 49 CFR
part 1.95
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2014-29403 Filed 12-15-14; 8:45 am]
BILLING CODE 4910-59-P