Notice of Proposed Buy America Waiver for Radio Consoles |
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Topics: Greater Dayton Regional Transit Authority
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Ellen Partridge
Federal Transit Administration
1 November 2016
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75902-75903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26317]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2016-0038]
Notice of Proposed Buy America Waiver for Radio Consoles
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of proposed Buy America waiver and request for comment.
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SUMMARY: The Federal Transit Administration (FTA) received a request
from the Greater Dayton Regional Transit Authority (GDRTA) for a Buy
America non-availability waiver for the procurement of radio consoles,
which are a part of a voice and cellular data communications system
(the ``radio consoles''). GDRTA's current voice and data communications
equipment is obsolete and malfunctioning. The new communication system
will result in improved operational efficiency. GDRTA seeks a waiver
for the procurement of radio consoles because there are no
manufacturers that produce radio consoles that are compatible with
GDRTA's communications system and comply with the Buy America
requirements. 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c). GDRTA is
joining Montgomery County's radio system, and the radio consoles
compatible with the new system must be original equipment manufacturer
(OEM) Motorola devices. Motorola cannot provide Buy America-compliant
radio consoles. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is
providing notice of the non-availability waiver request and seeks
public comment before deciding whether to grant the request. If
granted, the waiver would apply to the radio consoles identified in the
waiver request.
DATES: Comments must be received by November 15, 2016. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: Please submit your comments by one of the following means,
identifying your submissions by docket number FTA-2016-0038:
1. Web site: http://www.regulations.gov. Follow the instructions
for submitting comments on the U.S. Government electronic docket site.
2. Fax: (202) 493-2251.
3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
4. Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Docket Operations, M-30, West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Instructions: All submissions must make reference to the ``Federal
Transit Administration'' and include docket number FTA-2016-0038. Due
to the security procedures in effect since October 2011, mail received
through the U.S. Postal Service may be subject to delays. Parties
making submissions responsive to this notice should consider using an
express mail firm to ensure the prompt filing of any submissions not
filed electronically or by hand. Note that all submissions received,
including any personal information therein, will be posted without
change or alteration to http://www.regulations.gov. For more
information, you may review DOT's complete Privacy Act Statement in the
Federal Register published April 11, 2000 (65 FR 19477), or you may
visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Cecelia Comito, FTA Assistant Chief
Counsel, at (202) 366-2217 or Cecelia.comito@dot.gov.
SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide
notice and seek public comment on whether the FTA should grant a Buy
America non-availability waiver for the Greater Dayton Regional
Transportation Authority (GDRTA) to procure radio consoles, which would
be a part of GDRTA's new communication system (the ``radio consoles'').
On May 24, 2016, GPMTD requested a Buy America waiver for the radio
consoles because
[[Page 75903]]
they are not produced in the United States in sufficiently and
reasonably available quantities or of a satisfactory quality. 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c).
GDRTA is a public transit agency that serves Montgomery and Western
Green counties in Ohio. GDRTA provides more than 9 million passenger
trips per year on 31 routes throughout the region. In January 2014,
GDRTA conducted a technology scope development project to determine how
technology enhancements could improve its operational efficiency; this
included a voice and data communication alternatives analysis. GDRTA
comprehensively examined various technologies available for its voice
and data communication needs. GDRTA compared and evaluated the
differences between radio and cellular-based communication, including a
cost analysis, reliability assessment, and long-range maintenance and
operational differences. On August 5, 2014, the GDRTA Board approved
the adoption of a mixed communication system for the agency, which
would employ both voice and cellular data systems. GDRTA would join
Montgomery County's 800MHz analog trunked system, instead of continuing
to own a 450 MHz radio system.
Montgomery County's analog system uses proprietary Motorola
SmartNetTrunking, and all equipment must be original equipment
manufacturer (OEM) Motorola devices. All equipment must also be
programmed to use the County's 800MHz analog system and have the
ability to work on the MARCS 800 MHz digital system without any
additional hardware. In November 2014, GDRTA purchased Motorola mobile
and portable radios for its supervisors and its diesel, trolly,
paratransit, maintenance, and support vehicles. The procurement and
installation of the radio consoles is the final step to move GDRTA's
communication system to Montgomery County's system.
Motorola manufactures equipment both domestically and overseas.
While the voice processing module portion of the radio consoles are
currently manufactured in Illinois, the other components are
manufactured in Mexico. Thus, GDRTA is seeking a Buy America non-
availability waiver under 49 CFR 661.7(c)(1) for the radio consoles.
With certain exceptions, FTA's Buy America requirements prevent FTA
from obligating an amount that may be appropriated to carry out its
program for a project unless ``the steel, iron, and manufactured goods
used in the project are produced in the United States.'' 49 U.S.C.
5323(j)(1). A manufactured product is considered produced in the United
States if: (1) All of the manufacturing processes for the product take
place in the United States; and (2) all of the components of the
product are of U.S. origin. A component is considered of U.S. origin if
it is manufactured in the United States, regardless of the origin of
its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that
``the steel, iron, and goods produced in the United States are not
produced in a sufficient and reasonably available amount or are not of
a satisfactory quality,'' then FTA may issue a waiver (non-availability
waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c).
Finally, under 49 U.S.C. 5323(j)(6), FTA cannot deny an application
for a waiver based on non-availability unless FTA can certify that (i)
the steel, iron, or manufactured good (the ``item'') is produced in the
United States in a sufficient and reasonably available amount; and (ii)
the item produced in the United States is of a satisfactory quality.
Additionally, FTA must provide a list of known manufacturers in the
United States from which the item can be obtained. FTA is not aware of
any manufacturers who produce the required radio consoles in the United
States.
The purpose of this notice is to publish GDRTA's request and seek
public comment from all interested parties in accordance with 49 U.S.C.
5323(j)(3)(A). Comments will help FTA understand completely the facts
surrounding the request, including the effects of a potential waiver
and the merits of the request. After consideration of the comments, FTA
will publish a second notice in the Federal Register with a response to
comments and noting any changes made to the proposed waiver as a result
of the comments received.
Ellen Partridge,
Chief Counsel.
[FR Doc. 2016-26317 Filed 10-31-16; 8:45 am]
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