[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81708-81709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32578]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Decision To Issue Buy American Waivers for Foreign 
Object Debris (FOD) Detection Equipment

AGENCY: Federal Aviation Administration (FAA), U.S. DOT.

ACTION: Notice of Decision.

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SUMMARY: On August 5, 2010, the FAA published a notice in the Federal 
Register advising manufacturers of Foreign Object Debris (FOD) 
detection equipment that it was considering issuing waivers to Buy 
American requirements of 49 USC 50101 to foreign manufacturers of FOD 
detection equipment (Federal Register/Vol. 75, No. 150/Thursday, August 
5, 2010/Notices, page 47344) The FAA has determined that two 
manufacturers with products containing 60% or more U.S. content and 
U.S. final assembly are able to produce sufficient and reasonable 
amounts of FOD detection equipment meeting the requirements of FAA 
Advisory Circular 150/5220-24. Subsequently, the FAA will issue Buy 
American Waivers based on the 60% U.S. content and U.S. final assembly. 
The FAA will not issue any Buy American Waivers based on insufficient 
quantity to foreign manufacturers.

DATES: This notice becomes effective December 28, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Frank San Martin, Manager, 
Airports Financial Assistance, APP 500, Room 620, FAA, 800 Independence 
Avenue, SW., Washington, DC 20591, Telephone (202) 267-3831.

SUPPLEMENTARY INFORMATION: On September 30, 2009 the FAA published 
Advisory Circular 150/5220-24, Airport Foreign Object Debris (FOD) 
detection equipment, detailing system requirements at airports. 
However, while developing this Advisory Circular the FAA tested 
equipment from a variety of FOD detection equipment manufacturers, 
including some manufacturers from outside of the United States. 
Compliance with the Buy American requirements (49 U.S.C. 50101) is 
required for projects funded under the Airport Improvement Program 
(AIP). To determine if there were any U.S. manufacturers that can 
produce sufficient and reasonable amounts of stationary FOD detection 
systems; the FAA issued a notice in the Federal Register on August 5, 
2010 requesting information from both domestic and foreign 
manufacturers producing FOD detection equipment (75 FR 47344).
    Following the Federal Register notice the FAA received information 
from five companies indicating that they manufacturer stationary FOD 
detection equipment meeting the requirements of Advisory Circular 150/
5220-24. The five companies were: Trex Aviation Systems, which is based 
in San Diego, CA; QinetiQ Ltd., which is based in the United Kingdom 
but has a manufacturing facility in Massachusetts; Stratech Systems 
Limited, which is based in Singapore; Magna BSP Ltd., which is based in 
Israel; Rheinmetall Italia S.P.A., which is based in Italy; and X-Sight 
Systems Inc., which is based in Israel.
    Based on the information received the FAA identified two companies 
manufacturing stationary FOD detection systems in the United States: 
Trex Aviation Systems and QinetiQ. Although both Trex Aviation Systems 
and QinetiQ produce their FOD

[[Page 81709]]

detection systems in the United States their systems do not fully meet 
the Buy American content requirements, which require that the product 
be manufactured with one hundred percent U.S. components and 
subcomponents (49 U.S.C. 50101). As a result the FAA will issue a 
Nationwide Buy American Waiver for the Trex Aviation Systems' FOD 
Finder XF and QinetiQ's Tarsier FOD System based on the 60% U.S. 
content and U.S. final assembly waiver permitted in 49 U.S.C. 
50101(b)(3). With the presence of these two manufacturers in the United 
States the FAA has determined there is sufficient quantity and 
consequently there is no justification for issuing any Buy American 
Waivers to foreign manufacturers based on insufficient quantity at this 
time. In the past the FAA has concluded that when there are two or more 
manufacturers in a particular market sufficient quantity may exist; as 
concluded in the Buy American Waiver determinations related to 
Automated Weather Observing Systems (AWOS) and airfield lighting 
equipment.
    While the FAA is not at this time issuing any Buy American Waivers 
to foreign manufacturers, if in the future these foreign companies 
begin assembly in the United States and can meet the 60% U.S. content 
and U.S. final assembly waiver requirement under 49 U.S.C. 0101(b)(3) 
the FAA will reevaluate their status.
    This ``Nationwide Waiver'' will allow Trex Aviation Systems' FOD 
Finder XF and QinetiQ's Tarsier FOD System to be used on AIP funded 
projects without having to receive separate waivers for each project. 
Having a nationwide waiver enables projects to start quickly without 
having to wait for the Buy American analysis to be completed for every 
project, while still assuring the funds used for airport projects under 
the statute are being directed to manufacturers that meet the Buy 
American requirements. A complete list of items that have been granted 
a Nationwide Buy American Waiver can be found on the FAA Web site at 
http://www.faa.gov/airports/aip/procurement/federal_contract_provisions/ at the tab entitled, Equipment Meeting Buy American 
Requirements.

    Issued in Washington, DC on December 17, 2010.
Frank San Martin,
Manager, Airports Financial Assistance Branch.
[FR Doc. 2010-32578 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-13-P