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

Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 74813 

1MVSO states that its Motorcycle Safety Program 

Coordinator conducted research via phone calls, 

emails and Internet searches to try to identify 

domestically produced motorcycles. 

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 

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 Hawaii’s MVSO to 

purchase eight training motorcycles 

using grant funds authorized under 23 

U.S.C. 402 (section 402) and 23 U.S.C. 

405(f) (section 405) for training 

motorcycles. Section 402 funds are 

available for use by State Highway 

Safety Programs to reduce traffic 

accidents and deaths, injuries and 

property damage. 23 U.S.C. 402(a). 

Section 405(f) funds are available for 

use by State Highway Safety Programs 

to implement effective programs to 

reduce the number of single and multivehicle crashes involving motorcyclists 

that, among other things, includes 

supporting training of motorcyclists. 23 

U.S.C. 405(f). 

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 a cost 

waiver is appropriate for the eight 

motorcycles because domestically 

produced motorcycles would increase 

the cost by more than 25 percent. 

MVSO seeks a waiver to purchase two 

2015 Suzuki TU250X motorcycles at 

$4,399 per unit and six 2013 Suzuki 

DR200SE motorcycles at $4,299 per 

unit. The total purchase price for all 

eight motorcycles is $36,221. Hawaii’s 

motorcyclist training program is 

designed to provide students the ability 

to learn and practice fundamentals of 

safe riding behavior, skills and 

motorcycle handling. Hawaii asserts 

that if students were required to provide 

their own motorcycles, many people 

would be discouraged from taking the 

safety courses and it would encourage 

some individuals to obtain a motorcycle 

and unsafely operate it on public roads 

before they are properly trained and 

licensed to do so. MVSO states that 

having a fleet of training motorcycles 

available for use during training ensures 

that the road skills portion of the 

curricula can be taught effectively and 

is more accessible to the general public. 

MVSO desires to use these motorcycles 

for its motorcyclist training program 

because they are designed specifically 

with smaller engine displacement (250 

CC), which is consistent with 

motorcyclist training programs. Hawaii, 

however, is unable to identify any 

training motorcycles that meet the Buy 

America requirements. MVSO 

researched 1 motorcycle models made 

by the two American motorcycle 

manufacturers, Harley-Davidson, Inc. 

and Victory Motorcycles. Harley 

Davidson produces a 500 CC motorcycle 

called the Street 500, with a MSRP of 

$6799. Victory Motorcycles (including 

Indian Motorcycles) produces much 

heavier and larger engine displacement 

than 500 CC, with the lowest MSRP of 

$12,499 for the Victory Vegas 8-ball 

motorcycle. MVSO was unable to find a 

motorcycle that meets the requirements 

for training motorcycles that would 

meet the Buy America requirements. 

NHTSA is unaware of any other 

domestic motorcycle manufacturers 

other than Harley-Davidson and Victory. 

Since the Harley Davidson Street has a 

starting price of $6,799, it is more than 

25 percent higher than the cost of a 2015 

Suzuki TU250X and 2013 Suzuki 

DR200SE motorcycles. Accordingly, 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)(3), NHTSA 

finds that it is appropriate to grant a 

waiver from the Buy America 

requirements to MVSO in order to 

purchase two 2015 Suzuki TU250X and 

six 2013 Suzuki DR200SE motorcycles. 

This waiver applies to Hawaii and all 

other States seeking to use section 402 

and 405 funds to purchase these 

motorcycles for the purposes mentioned 

herein. This waiver will continue 

through fiscal year 2015 and will allow 

the purchase of these items as required 

for Hawaii’s MVSO and its training 

programs. 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 certain 

Suzuki motorcycles. 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. 

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, under authority 

delegated in 49 CFR part 1.95. 

O. Kevin Vincent, 

Chief Counsel. 

[FR Doc. 2014–29402 Filed 12–15–14; 8:45 am] 

BILLING CODE 4910–59–P 

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