Notice of Buy America Waiver |
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Stephen P. Wood
National Highway Traffic Safety Administration
April 20, 2015
[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21797-21798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08954]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0021]
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 requirement is appropriate for the purchase of Radian model 120
convertible car seats by the New Hampshire Highway Safety Agency, using
Federal grant funds. NHTSA finds that a non-availability waiver of the
Buy America requirement is appropriate for the purchase of these 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 April 30, 2015. Written
comments regarding this notice may be submitted to NHTSA and must be
received on or before: May 5, 2015.
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
[[Page 21798]]
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 New Hampshire Highway Safety Agency to purchase 20 Radian model
120 convertible car seats 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 this requirement if
``(1) its 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 Radian Model 120 convertible car seats
because there is no comparable product produced domestically that meets
the need identified by the New Hampshire Highway Safety Agency--
specifically, child seats that can safely transport children from 5 to
80 pounds in the patient compartment of an ambulance and that occupy
minimal space in the ambulance when not in use.
The New Hampshire Highway Safety Agency seeks a waiver for one of
its grantees, the New Hampshire Emergency Medical Services for Children
Program (EMSC), to purchase 20 Radian car seats for use by ambulance
services throughout New Hampshire. The Radian model 120 convertible car
seat was selected by these programs because it has a 5 to 80 pound
weight allowance, which meets the equipment requirements in Chapter
Saf-C 5900 of the New Hampshire Emergency Medical Services Rules. The
New Hampshire Highway Safety Agency states that the selected model is
preferred because the car seat folds flat, limiting the storage space
it occupies. The New Hampshire Highway Safety Agency further notes that
the New Hampshire rules specify an extensive list of equipment that
must be included in an ambulance, and that ambulance services have
stated that there is insufficient space to store typical child seats
that do not fold.
The New Hampshire Highway Safety Agency notes that ``Working Group
Best-Practice Recommendations for the Safe Transportation of Children
in Emergency Ground Ambulances,'' issued by NHTSA in September 2012,
recommends that children transported by ambulance are secured using a
size-appropriate child restraint system in either the cot (stretcher)
or the captain's chair. The Radian model is convertible and can be used
on the ambulance cot and the captain's chair to secure children up to
80 pounds in a 5-point harness. Finally, the Radian Model 120 has a
steel alloy frame that gives the seat a life span of 10 years.
The model, sold through the Diono Company, retails for
approximately $240 per seat. It is manufactured in China.
NHTSA conducted an assessment of available child restraints and is
not aware of a comparable child seat produced in the United States. The
Radian model 120 seat is unique in the child seat market because it can
safely secure children from 5 to 80 pounds in the captain's chair or
cot of an ambulance and can fold to create a thin profile, minimizing
necessary storage space in an ambulance. NHTSA is not aware of any
domestically-produced child seats on the market that are convertible,
have a 5 to 80 pound weight allowance, and fold to create a thin
profile. NHTSA was able to locate one domestically-produced convertible
car seat, the Safety 1st 3-in-1 Elite Air 80 Convertible Car Seat,
which has a 5 to 80 pound weight allowance and a steel frame and can
secure children up to 80 pounds in the harness. However, the Elite Air
80 does not fold to create a thin profile. Although this car seat is
made in the United States, NHTSA believes it is not comparable to the
Radian Model 120 because it does not fold to create a thin profile,
which is a factor because ambulance services have stated that there is
insufficient space to store typical child seats that do not fold.
Since a child seat that meets the requirements identified by the
New Hampshire Highway Safety Agency 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 requirement to the New Hampshire Highway Safety Agency
to purchase Radian Model 120 child seats. This waiver applies to New
Hampshire and all other States seeking to use section 402 funds to
purchase Radian Model 120 child 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 the New Hampshire
Highway Safety Agency. 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
requirement 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
Radian Model 120 child 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
1.95.
Stephen P. Wood,
Acting Chief Counsel.
[FR Doc. 2015-08954 Filed 4-17-15; 8:45 am]
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