[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Notices]
[Pages 76710-76711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29778]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2013-0035]


Notice of Buy America Waiver for a Video Ready Access Device 
Cabinet

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Buy America Waiver.

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SUMMARY: In response to the City of Charlotte's request for a Buy 
America waiver for a Video Ready Access Device (VRAD) cabinet, the 
Federal Transit Administration (FTA) hereby waives its Buy America 
requirements for the

[[Page 76711]]

VRAD cabinet needed for an AT&T utility relocation associated with the 
Charlotte Area Transit System's (CATS) LYNX Blue Line Extension 
project. This waiver is limited to a single procurement for the VRAD 
cabinet for the LYNX Blue Line Extension project.

FOR FURTHER INFORMATION CONTACT: Mary J. Lee, FTA Attorney-Advisor, at 
(202) 366-0985 or [email protected].

SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce 
that the Federal Transit Administration (FTA) has granted a non-
availability waiver for the procurement of a Video Ready Access Device 
(VRAD) cabinet that will be used in a utility relocation performed by 
AT&T. This utility relocation will be performed in connection with the 
Charlotte Area Transit System's (CATS or City of Charlotte) LYNX Blue 
Line Extension (BLE) project, which is an FTA-funded project.
    With certain exceptions, FTA's Buy America requirements prevent FTA 
from obligating an amount that may be appropriated to carry out its 
program for a project unless ``the steel, iron, and manufactured goods 
used in the project are produced in the United States.'' 49 U.S.C. 
5323(j)(1). A manufactured product is considered produced in the United 
States if: (1) All of the manufacturing processes for the product take 
place in the United States; and (2) all of the components of the 
product are of U.S. origin. A component is considered of U.S. origin if 
it is manufactured in the United States, regardless of the origin of 
its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that 
``the steel, iron, and goods produced in the United States are not 
produced in a sufficient and reasonably available amount or are not of 
a satisfactory quality,'' then FTA may issue a waiver (non-availability 
waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c).
    On May 24, 2013, the City of Charlotte requested an interpretation 
of FTA's Buy America rules with respect to the utility relocation 
performed for the CATS LYNX BLE project. In an August 8, 2013 letter to 
the City of Charlotte, FTA determined that the VRAD cabinet is a 
component of the communications network end product. Having performed 
its own analysis prior to FTA's August 8, 2013 determination, on June 
4, 2013, the City of Charlotte requested a non-availability waiver for 
the VRAD cabinet. According to the City of Charlotte, AT&T has been 
working diligently to find U.S. manufactured components and has been 
able to identify U.S. manufacturers of most of the components necessary 
for the utility relocation. The only remaining component for which AT&T 
is unable to find a U.S. manufacturer is the VRAD cabinet.\1\
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    \1\ Initially, the City of Charlotte requested Buy America 
waivers for the VRAD cabinet and the Cross Connect cabinet. Since 
then, however, AT&T has been able to identify a U.S. manufacturer of 
the Cross Connect cabinet.
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    In subsequent telephone conversations and in-person meetings 
between AT&T, FTA, and the Federal Highway Administration, FTA learned 
that the VRAD cabinet, which is manufactured by Alcatel-Lucent, can be 
manufactured in either Mexico or Washington State. Under its current 
contract with Alcatel-Lucent, however, AT&T is unable to select the 
manufacturing facility where the VRAD cabinet is manufactured.
    On August 27, 2013, FTA published a notice to request comments on 
the City of Charlotte's waiver request for the VRAD cabinet. The 
comment period closed on September 26, 2013. FTA did not receive any 
comments to the docket, docket number FTA-2013-0035.
    Based upon AT&T's assertions that it is unable to procure a U.S.-
manufactured VRAD cabinet at this time and that it expects to require 
U.S. manufacture of the VRAD cabinet in subsequent contracts that fall 
within the scope of FTA-funded projects, FTA hereby waives its Buy 
America requirement for manufactured products under 49 CFR 661.5(d) for 
the VRAD cabinet. This waiver is limited to a single procurement for 
the VRAD cabinet for the CATS LYNX Blue Line Extension project.

    Issued On: December 5, 2013.
Dorval R. Carter, Jr.,
Chief Counsel.
[FR Doc. 2013-29778 Filed 12-17-13; 8:45 am]
BILLING CODE 4910-57-M