[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47487-47488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18814]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2012-0029]
Notice of Proposed Buy America Waiver
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 purchase of minivans that are non-compliant
with FTA Buy America requirements using FTA funding. The request is
from the North Front Range Metropolitan Planning Organization (NFRMPO).
NFRMPO is in the process of procuring vehicles for its vanpool program,
``VanGo.''
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 would be for the Buy
America final assembly requirement only and would apply only to the
FTA-funded procurement by NFRMPO.
DATES: Comments must be received by September 4, 2013. 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-2013-0027:
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-2013-0027. 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: Mary J. Lee, FTA Attorney-Advisor, at
(202) 366-0985 or [email protected].
SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide
notice and seek comment on whether the Federal Transit Administration
(FTA) should a grant non-availability waiver for NFRMPO's procurement
of minivans or similar vehicles (minivans). If granted, the waiver
would be limited to the Buy America final assembly requirement under 49
U.S.C. 5323(j)(2)(C)(ii) and 49 CFR 661.11.
[[Page 47488]]
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). For rolling stock procured with FTA funds, this means that
``the cost of components and subcomponents produced in the United
States [must] be more than 60 percent of the cost of all components of
the rolling stock; and . . . final assembly of the rolling stock has
occurred in the United States.'' 49 U.S.C. 5323(j)(2)(C); 49 CFR
661.11(a). 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).
On June 21, 2010, in response to formal requests from ElDorado
National-Kansas (ElDorado) and the Chrysler Group LLC (Chrysler), FTA
waived its Buy America final assembly requirement for minivans and
minivan chassis after determining through notice and comment that no
manufacturer of minivans or minivan chassis performed final assembly in
the United States. 75 FR 35123.
Subsequently, on August 3, 2012, FTA issued a notice in the Federal
Register seeking comments on a request by the Vehicle Production Group
(VPG) for FTA to rescind the Buy America waiver for minivans and
minivan chassis. 75 FR 35124. According to VPG, it was able to
manufacture a wheelchair accessible vehicle, the Mobility Vehicle 1
(MV-1), substantially similar to a minivan and in a sufficient quantity
that was, and still is, Buy America compliant with respect to both
domestic content and final assembly.
On December 3, 2012, FTA rescinded the waiver for minivans and
minivan chassis after determining that a blanket waiver was no longer
necessary. 77 FR 71676. In this notice, FTA carefully considered all of
the comments received by the various stakeholders through the United
States in order to address concerns, including the differences between
the MV-1's accessibility features and traditional minivans, inadequate
seating capacity when the vehicles are used for vanpool services, as
well as others. FTA determined, however, that these concerns could be
addressed with individual waiver requests on a case-by-case basis as
the need arose and a blanket waiver was no longer necessary.
On July 1, 2013, FTA made two separate determinations that Braun
Corporation (Braun) and ElDorado National-Kansas' (ElDorado)
manufacturing processes on incomplete Chrysler and Dodge minivans met
FTA's Buy America requirements for final assembly.\1\ These
determinations on final assembly activities were made in response to
formal requests by Braun and ElDorado pursuant to section (c) of
Appendix D to 661.11 (of 49 CFR).
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\1\ http://www.fta.dot.gov/legislation_law/about_FTA_598.html; http://www.fta.dot.gov/documents/Imanse_re_Chrysler_Buy_America.pdf.
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Now, FTA has received a request for a Buy America waiver for
minivans from the North Front Range Metropolitan Planning Organization
(NFRMPO). NFRMPO operates a vanpool (``VanGo'') program, which has 75
vans with routes connecting, among others, Fort Collins, Loveland,
Greeley, Denver, and Boulder, Colorado. The VanGo program carries more
than 420 commuters daily in the northern Colorado area at 93 percent
occupancy. All of the vanpools in the VanGo program carry five to eight
passengers. According to NFRMPO, this makes the large 10-15 passenger
vans inefficient and too costly. In a recently issued request for
proposals for minivans, NFRMPO received no qualified proposals for
vehicles that meet Buy America requirements for rolling stock and seat
at least seven passengers. Therefore, NFRMPO requests that FTA grant a
Buy America waiver for its procurement of minivans based upon non-
availability.
The purpose of this notice is to publish NFRMPO 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-2013-0027.
Issued on August 1, 2013.
Dorval R. Carter, Jr.,
Chief Counsel.
[FR Doc. 2013-18814 Filed 8-2-13; 8:45 am]
BILLING CODE 4910-57-P