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April 17, 2009

Thomas C. Papson
McKenna Long & Aldridge
1900 K Street, NW
Washington, DC 20006-1108

Re: Buy America, MAN Engines and Components, Inc.

Dear Mr. Papson:

I write in response to your January 23, 2009, letter expressing continued concern about MAN Engines and Components, Inc.’s (MAN) compliance with the Federal Transit Administration’s (FTA) Buy America requirements.

Thank you for bringing this matter to FTA’s attention. Unfortunately, FTA’s resources are limited and you have not provided enough information to justify an investigation at this time. Please note that FTA contacted MAN after you notified us of errors with the phrasing of advertisements in which MAN used the term “assembled” instead of the more accurate term “manufactured.” It is my understanding that since receiving FTA’s letter, MAN has rewritten its advertisements to use the correct terms of art.

With respect to your most recent letter, FTA will not open an investigation unless and until it receives a petition filed in accordance with the requirements of 49 CFR § 661.15(b).

If you have questions about this letter, please contact Jayme Blakesley at (202) 366-0304 or


Scott Biehl

Acting Chief Counsel