Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 74811 

1TxDOT 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. 

2NHTSA 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. 

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 microprinting 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. 

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 

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. 

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. 

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74812 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 

• 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 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA—2014–0130] 

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 from the Hawaii Department of 

Transportation’s Motor Vehicle Safety 

Office, Highway Safety Section (MVSO) 

to waive the requirements of Buy 

America. NHTSA finds that a cost 

waiver is appropriate for MVSO to 

purchase eight foreign-made training 

motorcycles using Federal 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 

mstockstill on DSK4VPTVN1PROD with NOTICES