Notice of Granted Buy America Waiver

Printer Friendly Number 68 FR 2105

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[Federal Register:  January 15, 2003  (Volume 68, Number 10)]
[Page 2105]
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Federal Transit Administration

Notice of Granted Buy America Waiver

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of granted Buy America waiver.


SUMMARY: This waiver allows ticket vending machine manufacturers to 
install the Asahi Seiko Compact Coin Dispensing Hopper and count it as 
domestic for purposes of Buy America compliance. It is predicated on 
the non-availability of the item domestically and was granted on 
December 9, 2002, for the period of two years, or until such time as a 
domestic source for this Compact Coin dispensing Hopper becomes 
available, whichever occurs first. This notice shall insure that the 
public, particularly potential manufacturers, is aware of this waiver. 
FTA requests that the public notify it of any relevant changes in the 
domestic market.

Counsel, Room 9316, (202) 366-1936 (telephone) or (202) 366-3809 (fax).


    Dated: January 2, 2003.
Jennifer L. Dorn,

Mr. Roy Hollister, General Manager, Asahi Seiko U.S.A., Inc., 6644 
Paradise Road, Las Vegas, Nevada 89119

    Dear Mr. Hollister: This letter responds to your correspondence 
of October 4, 2002, in which you request a Buy America non-
availability waiver for the Model SA-595 Compact Coin Dispensing 
Hopper manufactured for use in ticket vending machines. The coin 
dispenser at issue here is a low profile, bulk coin dispensing 
hopper module, a device able to hold a quantity of coins in a hopper 
and dispense them for ``change'' one by one in a secure and accurate 
manner upon electronic command. For the reasons below, I have 
determined that a waiver is appropriate here.
    FTA's requirements concerning domestic preference for federally 
funded transit projects are set forth in 49 U.S.C. 5323(j). However, 
Section 5323(j)(2)(B) states that those requirements shall not apply 
if the item or items being procured are not produced in the U.S. in 
sufficient and reasonably available quantities and of a satisfactory 
quality. The implementing regulation also provides that a waiver may 
be requested ``for a specific item or material that is used in the 
production of a manufactured product.'' 49 CFR 661.7(g). The 
regulations allow a bidder or supplier to request a waiver only if 
it is being sought under this section. See, 49 CFR 661.7(g) and 49 
CFR 661.9(d).
    You state that there are no U.S. manufacturers of this component 
with the same operational and dimensional characteristics. This 
assertion is supported by a letter from GFI Genfare, a ticket 
vending machine manufacturer, a potential end user of this coin 
hopper. FTA also posted a request for comments on this matter on our 
website and we received no comments from domestic manufacturers of 
this product.
    Based on the above-referenced information, I have determined 
that the grounds for a ``non-availability'' waiver exist. Therefore, 
pursuant to the provisions of 49 U.S.C. 5323(j)(2)(B), a waiver is 
hereby granted for manufacture of the Model SA-595 Compact Coin 
Dispensing Hopper for a period of two years, or until such time as a 
domestic source for this type of unit becomes available, whichever 
occurs first. In order to insure that the public is aware of this 
waiver, particularly potential manufacturers, it will be published 
in the Federal Register. If you have any questions, please contact 
Joseph Pixley at (202) 366-1936.

 Very truly yours,

Gregory B. McBride,
Deputy Chief Counsel.

[FR Doc. 03-824 Filed 1-14-03; 8:45 am]