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Notice of Buy America Waiver

American Government Special Collections Reference Desk

American Government Motorcycles Topics:  Can Am Spyder

Notice of Buy America Waiver

O. Kevin Vincent
National Highway Traffic Safety Administration
September 5, 2013


[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54725-54726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21519]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0099]


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 that a waiver of the Buy 
America requirements is appropriate for the purchase of Can-Am Spyder 
motorcycles by the Wisconsin Department of Transportation (WisDOT), 
using Federal grant funds, for use as training vehicles in its 
Motorcycle Safety Program. NHTSA has determined that a waiver is 
appropriate because there are no comparable three-wheeled ``trike'' 
motorcycles produced domestically that use the same wheel configuration 
as the Spyder.

DATES: The effective date of this waiver is October 7, 2013. Written 
comments regarding this notice may be submitted to NHTSA and must be 
received on or before: September 16, 2013.

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 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 is appropriate for the Wisconsin 
Department of Transportation (WisDOT) to purchase Can-Am Spyder model 
motorcycles (Spyders) using grant funds, authorized under 23 U.S.C. 402 
(Section 402). See 23 U.S.C. 313. Section 2010 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy of 
Users (SAFETEA-LU) authorized NHTSA to award grant funds to States that 
implement programs to reduce the number of crashes involving 
motorcyclists. Public Law 109-54, 119 Stat. 1535 (23 U.S.C. 402 note, 
repealed by the Moving Ahead for Progress in the 21st Century Act, Pub. 
L. 112-141, Div. C, Title I, Sec.  31109(g), 126 Stat. 757 (2012), 
recodified as amended at 23 U.S.C. 405(f)). Awarded funds must be used 
for the purpose of implementing and improving motorcyclist safety 
training and awareness programs, which includes, among other things, 
the procurement of practice motorcycles. Id.
    The Buy America Act 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

[[Page 54726]]

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 Can-Am Spyder three-wheeled 
motorcycles because there are no comparable trike motorcycles produced 
domestically that use the same wheel configuration as the Spyder.
    The Can-Am Spyder is a three-wheeled motorcycle, commonly referred 
to as a ``trike.'' Unlike a traditional trike motorcycle, however, the 
Spyder does not utilize two rear wheels. Rather, the Spyder uses a 
chassis similar to an all-terrain vehicle (ATV) with two front wheels 
and one wheel in the rear. A typical Spyder RS model has 100 horse 
power @ 7500 RPM with a 5-speed transmission and a gross vehicle weight 
rating (GVWR) of 798 lbs. It is equipped with traction and stability 
control, anti-lock braking, and power steering. The starting purchase 
price for a Spyder RS model ranges from $16,699 (for a 5-speed RS model 
with manual transmission) to $19,999 (for an RS-S model with semi-
automatic transition). Can-Am Spyders are considered a manufactured 
product under the Buy America Act and are assembled by Bombardier 
Recreational Products, Inc. (BRP) in Valcourt, Quebec, Canada.
    WisDOT seeks a waiver to purchase Spyder model motorcycles for use 
as training vehicles in the Wisconsin Motorcycle Safety Program. WisDOT 
states that three-wheeled vehicles are becoming an increasingly popular 
style of motorcycle and WisDOT believes it is important to provide 
rider training on vehicles that reflect this particular configuration. 
According to WisDOT, the unique configuration of the Spyder vehicles, 
with two front wheels and one rear wheel, will offer riders a different 
configuration than the existing three-wheeled bikes in Wisconsin's 
training program, all of which have two wheels in the rear. Thus, 
adding the Spyder to WisDOT's existing training vehicles will provide 
riders with a wider variety of training options and help meet the needs 
of changing motorcycle rider demographics. WisDOT intends to purchase 
up to four Spyder trikes for this program at approximately $20,000 per 
unit, for a total cost of $80,000.
    NHTSA is not aware of a trike with a comparable wheel configuration 
that is produced in the United States. In the trike market, Harley-
Davidson, a domestic manufacturer, produces a three-wheeled motorcycle 
called the Tri-Glide. However, the Tri-Glide is distinguishable from 
the Spyder because of its wheel configuration with one wheel in front 
and two in the rear. WisDOT has already purchased two Tri-Glide trikes 
for its training program and is seeking the addition of the Spyder 
models to provide a distinctive training opportunity on an increasingly 
popular motorcycle configuration. The Spyder is the only full-sized 
three-wheel motorcycle configuration with two wheels in the front and 
one driver wheel at the rear. Accordingly, NHTSA's review has 
determined that there is no comparable, domestically produced three-
wheeled motorcycle that fits the needs of WisDOT's Motorcycle Safety 
Program. However, the Agency invites public comment on the availability 
of domestically-produced models with similar wheel configurations to 
the Can-Am Spyder.
    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 WisDOT in order to purchase Can-Am 
Spyder model motorcycles. 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.

    Authority:  23 U.S.C. 313; Pub. L. 110-161.

    Issued on: September 5, 2013.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2013-21519 Filed 9-4-13; 8:45 am]
BILLING CODE 4910-59-P



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