Notice of Granted Buy America Waiver
Number 66 FR 20027
04-18-01
[PDF
format]
Federal Register: April 18, 2001
[Federal Register: April 18, 2001 (Volume 66, Number 75)]
[Notices]
[Page 20027-20028]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap01-115]
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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 construction contractors to use Omer heavy-
duty parallelogram lifts in vehicle garages without violating the Buy
America regulations. It is predicated on the grounds that sufficient
competition among suppliers is in the public interest and was granted
on February 14, 2001, for the period of two years, or until such time
as a second domestic source for the lift 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 PLEASE CONTACT: Meghan G. Ludtke, FTA Office of
Chief Counsel, Room 9316, (202) 366-4011 (telephone) or (202) 366-3809
(fax).
SUPPLEMENTARY INFORMATION: The above-referenced waiver follows:
February 14, 2001.
H. Dean Bouland, Esq.,
Bouland & Brush, LLC, 201 North Charles Street, Suite 2400,
Baltimore, Maryland 21201-4105.
Dear Mr. Bouland: This letter responds to the request of your
client, Steril-Koni, U.S.A., Inc., for a two-year public interest
component waiver from the Buy America regulations for the Omer
heavy-duty parallelogram bus lift, which your client currently
distributes in the U.S. According to the information you have
provided, Steril-Koni supplies these lifts to vehicle garage
manufacturers as part of an overall construction contract. Steril-
Koni requests this waiver on the grounds that there are only two
suppliers marketing such lifts in the U.S. and that sufficient
competition of suppliers is in the public interest. For the reasons
below, I have determined that a temporary component waiver is in the
public interest.
The Federal Transit Administration's (FTA) requirements
concerning domestic preference for federally funded transit projects
are set forth in 49 U.S.C. 5323(j). However, section 5323(j)(2)(A)
states that those requirements shall not apply if doing so would be
inconsistent with the public interest. See also, 49 CFR 661.7(b).
The implementing regulation allows a bidder or supplier to request a
public interest waiver ``for a specific item or material that is
used in the production of a manufactured product.'' 49 CFR 661.7(g)
and 661.9(d). FTA's rule looks at the end product being acquired in
a given case. Where the procurement contract is for a garage or
maintenance facility, the vehicle lift to be installed in the garage
would be a component of that construction contract. See 43 FR 57146
(1978), 46 FR 5809 (1981), 56 FR 928 (1991), and FTA Best Practices
Procurement Manual, section 8.1.4 (1/98).
Your client explains that while there are many vehicle lifts on
the market, the heavy-duty parallelogram lift has unique features
and is not widely produced. Such a lift has a capacity of at least
20,000 lb., as well as an open floor design allowing maximum
accessibility to the vehicle from the front, back, and sides. Your
client has provided documentation from the Automotive Lift Institute
that indicates there are only two suppliers marketing heavy-duty
parallelogram bus lifts in the U.S., Steril-Koni and Rotary. Rotary
is a U.S. manufacturer and Steril-Koni imports the product from
Italy and assembles it in Baltimore, Maryland, using a U.S. labor
force. Steril-Koni states that because of this manufacturing process
general contractors wishing to purchase its lifts for use in vehicle
garages may not do so unless they certify non-compliance with Buy
America. Therefore, in order to certify compliance, Steril-Koni
believes most contractors are inclined to purchase the lifts from
Rotary. Steril-Koni asserts that this situation gives Rotary a
monopoly in the U.S. market, and that such a monopoly will have the
effect of increasing the price of the lifts, which would not be in
the public interest. To support your client's position, you note
that, in 1984, FTA granted a public interest waiver to Chrysler
Corporation for 15 passenger vans. The vans were produced by only
Chrysler and Ford Motor Company, and FTA grantees using
[[Page 20028]]
federal funds were forced to purchase the vans from Ford, the only
party able to certify compliance with Buy America. FTA determined
that it was in the public interest to have competition in the market
place and granted the waiver. 49 FR 13944 (1984).
FTA has reviewed the U.S. market for heavy-duty parallelogram
lifts and has found that there are only two suppliers active in the
U.S. market, of which only one can certify compliance with Buy
America. In this circumstance, FTA concludes that the grounds for a
public interest component waiver exist. Pursuant to the provisions
of 49 U.S.C. 5323(j)(2)(A), a waiver is hereby granted for the
foreign manufacture of the Omer heavy-duty parallelogram lifts for
the period of two years, or until such time as a second domestic
source for this type of lift 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 Meghan G. Ludtke at
(202) 366-4011.
Very truly yours,
Gregory B. McBride,
Deputy Chief Counsel.
Issued on April 12, 2001.
Hiram J. Walker,
Acting Deputy Administrator.
[FR Doc. 01-9530 Filed 4-17-01; 8:45 am]
BILLING CODE 4910-57-P
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