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 74810-74811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29404]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA--2014-0129]
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 with respect to a request
from the Texas Department of Transpiration, Traffic Safety Section
(TxDOT) to waive the requirements of Buy America. NHTSA finds that a
cost waiver of the Buy America requirements is appropriate for TxDOT to
purchase Light-Up Magnifier Loupes using Federal highway safety grant
funds because the cost of domestically produced products is twenty-five
percent more than the cost of the foreign-made products.
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 31, 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.
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
[[Page 74811]]
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 TxDOT to purchase of light-up magnifier loupes using grant funds
authorized under 23 U.S.C. 405(d) (section 405). Section 405(d) funds
are available for use by State highway safety programs to support
effective programs to reduce driving under the influence of alcohol,
drugs, or the combination of alcohol and drugs, including enforcement
efforts. 23 U.S.C. 405(d).
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 cost
waiver is appropriate for the items that TxDOT seeks to purchase using
Federal grant funds.
TxDOT seeks a waiver to purchase 500 light-up magnifier loupes,
with 15X power lens with ultra violet and LED lights (Item SKU:220-
Loupe 4) from Lightgod.com. These items are not made domestically and
retail between $6.25-$7.00 each. The loupes are provided to law
enforcement officers that complete training in the Focus on Reducing
Impaired Driving Among Youth Program (FRIDAY) and Alcohol and Drug
Abuse Prevention Training Program (ADAPT). According to TxDOT, both
programs include a unit on the detection of altered and counterfeit
identifications used by juveniles who commit alcohol-related crimes.
The loupes are small and transportable and aid officers to detect
counterfeit driver's licenses by highlighting and magnifying the micro-
printing and holograms that are present on a legal state driver's
license.
According to TxDOT, comparable domestic made loupes cost $31 per
unit in small quantities or $20 per unit in bulk quantities, with both
prices 25 percent more than the foreign made loupes than those made
domestically.\1\ TxDOT evaluated the place of manufacture for other
loupes, but TxDOT was unable to find any domestic made products that
met its requirements. NHTSA conducted its own assessment \2\ and
located one domestic manufacturer of loupes or pocket magnifiers.
ElectroOptics Inc. offers lighted pocket magnifiers with a
magnification range from 4X to 10X and unlighted jeweler loupes.
However, these products do not appear as robust or have the same
specifications required for use by TxDOT. Since it appears that loupes
that meet the requirements identified by TxDOT for use by its police
officers would cost more than 25 percent more than a domestic
manufacturer, the Buy America waiver is appropriate. NHTSA invites
public comment on this conclusion.
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\1\ TxDOT did not identify the manufacturers of the domestic
made loupes and NHTSA was unable to locate comparable domestic
manufacturers offering loupes with the specifications identified by
TxDOT.
\2\ NHTSA conducted internet searches and reviewed several Web
sites that catalog domestic made products: www.usaonly.us;
www.americansworking.com; www.madeinamericaforever.com; and
www.madeinusa.org.
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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 TxDOT in order to purchase 500 light-up
magnifier loupes, with 15X power lens with ultra violet and LED lights
(Item SKU:220-Loupe 4) from Lightgod.com. This waiver applies to Texas
and all other States seeking to use section 405(d) funds to purchase
light-up magnifier loupes. This waiver will continue through fiscal
year 2015 and will allow the purchase of these items as required for
TxDOT. 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 for 500 light-up magnifier loupes identified above from
Lightgod.com. 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.
These findings 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, under authority delegated in 49 CFR
part 1.95.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2014-29404 Filed 12-15-14; 8:45 am]
BILLING CODE 4910-59-P