[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Pages 15048-15049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7372]



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.


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, 
    (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.

    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 
    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-

    Issued this 26th day of March, 2009.
Scott A. Biehl,
Acting Chief Counsel.
[FR Doc. E9-7372 Filed 4-1-09; 8:45 am]