February 23, 2009
Sales Director, Transit & Parking
1301 Wilson Drive
West Chester, PA 19390
Re: Buy America Waiver
Dear Mr. Litchfield:
This letter responds to MEIís request for a Buy America waiver for the Sodeco BNA57/542 Bill Handling Units, which are manufactured in Switzerland for use in ticket vending machines. For the reasons below, I have determined that a non-availability waiver is appropriate here.
With limited exceptions, the Federal Transit Administration (FTA) may not obligate funds for a project unless all iron, steel, and manufactured products used in the project are produced in the United States. Pursuant to 49 U.S.C. 5323(j)(2)(B), FTA may waive its Buy America requirements if the goods for which a waiver is requested are not produced in the United States in sufficient and reasonably available amount or are not of a satisfactory quality.
On September 18, 2006, after calling for notice and comment, FTA granted a non-availability waiver to MEI for the BNA57/542 Bill Handling Units. Consistent with FTA practice, the waiver was valid for a period of two years, or until such time as a domestic source for this type of manufactured product became available. In two years time, no such domestic supplier has surfaced. FTA takes this as evidence that the BNA57/452 is not available from a domestic source. Therefore, FTA hereby renews MEIís waiver for an additional two years or until such time as a domestic supplier becomes available, whichever occurs first.
If you have any questions, please contact Jayme L. Blakesley at (202) 366-0304 or firstname.lastname@example.org.
Scott A. Biehl
Acting Chief Counsel
 49 CFR 661.5(a).
 49 CFR 661.7(c).