[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Pages 15048-15049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7372]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2009-0002]
Notice of Buy America Waiver Request by ElDorado National for
Minivan Chassis
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Buy America waiver request and call for comments.
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SUMMARY: Several parties have asked the Federal Transit Administration
to waive its Buy America requirements of 49 CFR 661.11 for the purchase
of minivans that are manufactured or assembled outside the United
States. According to these parties, minivans and minivan chassis are
not available from a domestic source. FTA seeks public comment before
deciding whether to grant these requests. If granted, a waiver would
apply to all minivans and minivan chassis, not only those manufactured
by Chrysler.
DATES: Comments must be received by April 16, 2009. 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-2009-0002. All
electronic submissions must be made to the U.S. Government electronic
site at http://www.regulations.gov. Commenters should follow the
instructions below for mailed and hand-delivered comments.
(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, Room W12-140, Washington, DC,
20590-0001.
(4) Hand Delivery: Room W12-140 on the first floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC, 20590, 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-2009-0002. Due
to security procedures in effect since October 2001, 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
[[Page 15049]]
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 on
April 11, 2000 (65 FR 19477), or visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For questions please contact Jayme L.
Blakesley at (202) 366-0304 or jayme.blakesley@dot.gov.
SUPPLEMENTARY INFORMATION:
The purpose of this notice is to seek public comment on whether the
Federal Transit Administration should waive its Buy America
requirements of 49 CFR part 661 for minivans and minivan chassis that
are manufactured or assembled outside the United States. Such waiver
would apply to the domestic content and final assembly requirements of
49 CFR 661.11.
ElDorado National, Kansas, has asked FTA to waive its Buy America
requirements, on the basis of non-availability, for minivan chassis
manufactured and assembled by Chrysler in Ontario, Canada. ElDorado
National uses Chrysler minivan chassis to manufacture its Amerivan
lowered-floor minivans. In its request for a waiver, a copy of which
has been placed in the Docket, ElDorado National asserts that General
Motors and Chrysler minivan chassis, including those used on the
Chevrolet Uplander, Pontiac Montana, Buick Terraza, Saturn Relay,
Chrysler Town & Country, and Dodge Grand Caravan, are no longer
manufactured in the United States.
In addition to ElDorado National, FTA has received a number of
inquiries from its grantees about the availability of minivans from a
domestic source. According to these grantees, minivans are no longer
available from a source that can comply with FTA's Buy America
requirements.
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). One exception, however, is if ``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.'' 49
U.S.C. 5323(j)(2)(B).
FTA notes that, unlike with public interest waivers, it is not
required to publish a notice in the Federal Register before waiving its
Buy America requirements on the basis of non-availability. In this
instance, however, FTA is proceeding with an abundance of caution. In
order to understand completely the facts surrounding the ElDorado
National's request, FTA seeks comment from all interested parties
regarding the availability of domestically manufactured minivans and
minivan chassis. If granted, a waiver would apply to all minivans and
minivan chassis, not only those manufactured by Chrysler. A full copy
of ElDorado National's petition has been placed in docket number FTA-
2009-0002.
Issued this 26th day of March, 2009.
Scott A. Biehl,
Acting Chief Counsel.
[FR Doc. E9-7372 Filed 4-1-09; 8:45 am]
BILLING CODE