Notice of Granted Buy America Waiver
Number 68 FR 2105
01-15-03
[PDF Format]
[Federal Register: January 15, 2003 (Volume 68, Number 10)]
[Notices]
[Page 2105]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja03-107]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice of Granted Buy America Waiver
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of granted Buy America waiver.
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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.
FOR FURTHER INFORMATION CONTACT: Meghan G. Ludtke, FTA Office of Chief
Counsel, Room 9316, (202) 366-1936 (telephone) or (202) 366-3809 (fax).
SUPPLEMENTARY INFORMATION: See waiver below.
Dated: January 2, 2003.
Jennifer L. Dorn,
Administrator.
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]
BILLING CODE 4910-57-M
