[Federal Register Volume 68, Number 10 (Wednesday, January 15, 2003)]
[Notices]
[Page 2106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-822]


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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 Toyocom Bill Processing Unit 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 13, 
2002, for the period of two years, or until such time as a domestic 
source for this Bill Processing Unit 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.

December 13, 2002.

Mr. Fumihiko Hagiwara,
Sales Supervisor, Toyocom U.S.A., Inc., 617 E. Golf Road, Suite 112, 
Arlington Heights, IL 60005

    Dear Mr. Hagiwara: This letter responds to your correspondence 
of September 17 and October 10, 2002, in which you request a Buy 
America non-availability waiver for the Toyocom BV-6000 bill 
processing unit manufactured for use in ticket vending machines. The 
bill processing unit at issue here is able to accept, validate, and 
place in mechanical escrow up to 15 banknotes of various 
denominations. The device also transfers these banknotes from the 
escrow to a stack within a locked cashbox within the ticket vending 
machine. On October 4, 1996, the Federal Transit Administration 
granted Toyocom a waiver for the Model BV-5100 bill processing unit 
of which the BV-6000 is the successor. 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 C.F.R. 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 market survey furnished as part of your 
application and conducted for Toyocom by GFI Genfare, a ticket 
vending machine manufacturer and potential end user of this 
component. FTA also posted a request for comments on this matter on 
our website and 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. Sec.  5323(j)(2)(B), a 
waiver is hereby granted for manufacture of the Model BV-6000 bill 
and BSN385/39 bill handling units 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. 03-822 Filed 1-14-03; 8:45 am]
BILLING CODE 4910-87-M