[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 53002-53003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20824]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2013-0035]


Notice of Proposed Buy America Waiver for a Video Ready Access 
Device Cabinet

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of proposed Buy America waiver and request for comment.

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SUMMARY: The Charlotte Area Transit System (CATS) requested a waiver of 
the Federal Transit Administration (FTA) Buy America rules for a Video 
Ready Access Device (VRAD) cabinet. The VRAD cabinet is needed for an 
AT&T utility relocation associated with the LYNX Blue Line Extension 
project. This notice is to inform the public of the waiver request, and 
to seek public comment to inform FTA's decision whether to grant the 
request.

DATES: Comments must be received by September 26, 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-2013-0035:
    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-2013-0035. 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://

[[Page 53003]]

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 FTA should grant a non-availability 
waiver for the procurement of a VRAD cabinet that will be used in a 
utility relocation performed by AT&T. This utility relocation will be 
performed in connection with the CATS LYNX Blue Line Extension (BLE) 
project, which is an FTA-funded project.
    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 must 
take place in the United States; and (2) all of the components of the 
product must be 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).
    On May 24, 2013, the City of Charlotte requested an interpretation 
of FTA's Buy America rules with respect to the utility relocation 
performed for the LYNX BLE project. In an August 8, 2013 letter to the 
City of Charlotte, FTA determined that the VRAD cabinet is a component 
of the communications network end product. Having done its own analysis 
prior to FTA's August 8, 2013 determination, on June 4, 2013, the City 
of Charlotte requested a non-availability waiver for the VRAD cabinet. 
According to the City of Charlotte, AT&T has been working diligently to 
find U.S. manufactured components and has been able to identify U.S. 
manufacturers of most of the components necessary for the utility 
relocation. The only component for which AT&T is unable to find a U.S. 
manufacturer is the VRAD cabinet.\1\
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    \1\ Initially, the City of Charlotte requested Buy America 
waivers for the VRAD cabinet and the Cross Connect cabinet. Since 
then, however, AT&T has been able to identify a U.S. manufacturer of 
the Cross Connect cabinet.
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    The purpose of this notice is to publish the 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-2013-0035.

Dana C. Nifosi,
Deputy Chief Counsel.
[FR Doc. 2013-20824 Filed 8-26-13; 8:45 am]
BILLING CODE 4910-57-P