[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