Notice of Buy America Waiver |
|---|
|
Paul A. Hemmersbaugh
National Highway Traffic Safety Administration
29 July 2016
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 50054-50056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17972]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA--2016-0080]
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
to waive the requirements of Buy America from the New Hampshire Office
of Highway Safety (New Hampshire). NHTSA finds that a non-availability
waiver of the Buy America requirement is appropriate for the purchase
of five (5) Sokia SX Robotic total stations using Federal highway
traffic safety grant funds because there are no suitable products
produced in the United States.
DATES: The effective date of this waiver is August 15, 2016. Written
comments regarding this notice may be submitted to NHTSA and must be
received on or before: August 15, 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
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 requirement, 23 U.S.C. 313, is appropriate
for New Hampshire to purchase five (5) Sokia SX Robotic total stations.
The cost for all five stations amount to $135,000 using grant funds
authorized under 23 U.S.C. 402 and 405(d). 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,
[[Page 50055]]
driving while impaired by alcohol and or drugs, motorcycle accidents,
school bus accidents, unsafe driving behavior and improve law
enforcement services in motor vehicle accident prevention, traffic
supervision, and post-accident procedures. 23 U.S.C. 402(a). Section
402 funds are also available to states for accident investigations to
determine the probable causes of accidents, injuries and deaths. Id.
Section 405(d) funds are available for section 402 activities provided
that a State has adopted and is enforcing a mandatory alcohol-ignition
interlock law for all individuals convicted of driving under the
influence of alcohol or of driving while intoxicated. 23 U.S.C.
405(d)(6).
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).
New Hampshire seeks a waiver to purchase five (5) Sokia SX Robotic
total stations for the New Hampshire State Police, Collision Analysis
and Reconstruction Division using Federal grant funds at a cost of
$135,000 for all five. A total station is an electronic/optical
instrument used in modern surveying and accident reconstruction.
Specifically, a total station is an electronic theodolite integrated
with an electronic distance meter to read slope distances from the
instrument to a particular point. According to New Hampshire, a total
station is an important piece of forensic mapping equipment that is
used as an on-scene reconstruction tool that assists in determining the
cause of a crash and can support crash investigations in a timely,
efficient manner, allowing for quicker highway clearance and traffic
flow. The total station is designed to gather evidence of events,
leading up to, during and following a crash.
New Hampshire notes that there are three types of total stations:
Basic, Reflectorless and Robotic. A basic total station consists of a
control head, prism (reflector), data collector, and requires two
people to operate. A reflectorless total station contains the same
equipment, but, it can be used without the prism in a single person
operation that still requires manual operation. The robotic total
station contains some of the same equipment as the basic and
reflectorless total stations, however, the control head is robotic and
motorized allowing it to track the prism and focus automatically making
the robotic total station easy to use by one individual without having
to operate it manually.
Based upon its experience, New Hampshire states that the Sokkia
Robotic Total Station is the most efficient piece of equipment to
complete investigations, clear highways, and continue the normal flow
of traffic. New Hampshire adds that the robotic total station is twice
as fast as the basic and reflectorless total stations.
New Hampshire asserts that there are no total station models that
are manufactured or assembled in the United States. In support of its
waiver, New Hampshire states it conducted extensive due diligence and
found there are no robotic total station models that are manufactured
or assembled in the United States.
On November 19, 2015, NHTSA published its decision to waive the
requirements of Buy America for the North Carolina Highway Safety
Office to purchase a Nikon Nivo 5M plus Reflectorless total station.
See 80 FR 72480. In that notice, the agency noted that both North
Carolina and NHTSA performed market analyses which revealed that all
total station equipment are foreign made.\1\ Id. at 72481. On March 10,
2016, NHTSA published its determination that it was appropriate to
grant a waiver from the Buy America requirements to the Maine Bureau of
Highway Safety in order to purchase a Leica reflectorless total
station. 81 FR 12780-81 (March 10, 2016). The agency did not receive
any comments in response to these two notices that would inform it that
there are domestic manufacturers of total stations. At this time, the
agency is unaware of any type of total station (Basic, Reflectorless
and Robotic) produced domestically.
---------------------------------------------------------------------------
\1\ In our November 19, 2015 notice, we noted that the combined
market research of North Carolina and NHTSA found that the following
manufacturers produced foreign made total stations: CT Berger
(China); Leica (Switzerland); Nikon (Japan); Spectra Precision
(Japan); Northwest Instruments (China); Topcon (Japan); Trimble
(Sweden); Hi-Target Instrument Surveying Co. Ltd. (China); geo-
Fennel GmbH (Germany); Hilti (Liechtenstein); North Surveying
(Spain); South Precision Instrument (China); Ruide Surveying
Instrument Co. (China); Pentex (Japan/China); and Topcon (Japan,
China and Thailand).
---------------------------------------------------------------------------
NHTSA agrees that the total stations advance the purpose of section
402 to improve law enforcement services in motor vehicle accident
prevention and post-accident reconstruction and enforcement. A total
station is an on-scene reconstruction tool that assists in the
determination of the cause of the crash and can support crash
investigations. It is an electronic/optical instrument that specializes
in surveying with tools to provide precise measurements for diagraming
crash scenes, including a laser range finder and a computer to assist
law enforcement to determine post-accident reconstruction. The total
station system is designed to gather evidence of the events leading up
to, during and following a crash. These tools are used to gather
evidence to determine such facts as minimum speed at the time of a
crash, the critical speed of a roadway curve, the distance a vehicle
may have traveled when out of control and other factors that involve a
crash investigation. In some instances, the facts collected through the
use of a total station are used to form a basis of a criminal charge or
evidence in a criminal prosecution.
Based upon NHTSA's recent market analysis, and lack of comment in
response to our two prior notices on total stations, we are unaware of
any total station equipment (Basic, Reflectorless and Robotic) that is
manufactured domestically. Ibid. Since a total station is unavailable
from a domestic manufacturer and the equipment would assist in post-
accident reconstruction and enforcement to advance the purpose of 23
U.S.C. 402 and 405(d), a 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 New Hampshire in order to purchase the
robotic total station equipment. This waiver applies to New Hampshire
to purchase five (5) Sokia SX Robotic total stations for the purposes
mentioned herein, and all other states seeking to use sections 402 and
405(d) funds for these types of total stations. This waiver is
effective through fiscal year 2016 and expires at the conclusion of the
fiscal year (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
[[Page 50056]]
America requirements is appropriate for the Sokia SX Robotic total
station.
Written comments on this finding may be submitted through any of
the methods discussed above. NHTSA may reconsider this finding if,
through comment, it learns additional relevant information regarding
its decision to grant New Hampshire's waiver request.
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 July 25, 2016 under authority
delegated in 49 CFR part 1.95.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-17972 Filed 7-28-16; 8:45 am]
BILLING CODE 4910-59-P