
[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]


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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.

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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.
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    \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).
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    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

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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


