[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15410-15411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06376]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2016-0002]


Notice of Proposed Buy America Waiver for a Radio Communications 
System

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 
for a waiver to permit the use of FTA funding to purchase a radio 
communication system that is non-

[[Page 15411]]

compliant with the Buy America requirements. The request is from the 
Kansas City Area Transportation Authority (KCATA). KCATA is in the 
process of updating its current analog system with a digital voice 
system, compatible with its operating system. KCATA also plans to enter 
into a tri-party agreement with the City of Kansas City, Missouri, and 
the Kansas City Streetcar Authority (KCSA) to install the radio system 
into the new streetcars. The new radio system will increase KCATA's 
systems capacity and allow KCSA to have a dedicated talk group on 
KCATA's system. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is 
providing notice of the waiver request and seeks public comment before 
deciding whether to grant the request. If granted, the waiver only 
would apply to a one-time FTA-funded procurement by KCATA.

DATES: Comments must be received by March 29, 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-2016-0002:
    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-2016-0002. 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: Laura Ames, FTA Attorney-Advisor, at 
(202) 366-2743 or [email protected].

SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide 
notice and seek comment on whether the FTA should grant a non-
availability waiver for KCATA's purchase of a new radio communication 
system. The new radio system will replace KCATA's analog system, 
increase its systems capacity and allow KCSA to have a dedicated talk 
group on KCATA's system.
    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).
    KCATA is a provider for public transportation services for Kansas 
City, Missouri. KCATA provides service to the entire Kansas City 
metropolitan area, operating in seven counties. KCATA's current radio 
system was purchased in 2002 and fully activated in 2005. The radio 
system is analog and operates on two separate channels. It has limited 
growth capabilities, issues with ``talk over,'' inaccessible voice 
connections, and after ten (10) years the maintenance costs are rising. 
KCATA is in the process of upgrading its radio system.
    As part of its plan to upgrade the radio system, KCATA issued a 
Request for Proposals (RFP) seeking a ``turnkey project that includes a 
DMR Tier III Trunked UHF Voice radio system, full integration of the 
radio system with the Trapeze TransitMaster CAD/AVL system, and 
extended maintenance and support.'' KCATA only received on response to 
the RFP. Tait North America (``Tait'') expressed interest in the 
project but noted that it is headquartered in New Zealand and that a 
majority of the products would be assembled in New Zealand, making them 
non-compliant with Buy America. Under 49 CFR 661.7(c)(1), ``It will be 
presumed that the conditions exist to grant this non-availability 
waiver if no responsive and responsible bid is received offering an 
item produced in the United States.'' Since receiving the Tait 
proposal, KCATA has not been able to identify any companies in the 
United States that can meet the Buy America requirements for its 
project.
    FTA also conducted a scouting search for comparable radio system 
through its Interagency Agreement with the U.S. Department of 
Commerce's National Institute of Standards and Technology (NIST). The 
scouting search identified no domestic manufacturers as matches for 
this opportunity. The scouting search identified one domestic 
manufacturer as a partial match, but that manufacturer does not 
currently manufacture a comparable radio system. As such, KCATA is 
pursuing its non-availability waiver applications.
    The purpose of this notice is to publish KCATA'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. A full copy of the request has been 
placed in docket number FTA-2016-0002.

Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2016-06376 Filed 3-21-16; 8:45 am]
 BILLING CODE 4910-57-P