The purpose of this notice is to seek public comment on whether the Federal Transit Administration should waive its Buy America requirements of 49 CFR part 661 for minivans and minivan chassis that are manufactured or assembled outside the United States. Such waiver would apply to the domestic content and final assembly requirements of 49 CFR 661.11.

ElDorado National, Kansas, has asked FTA to waive its Buy America requirements, on the basis of non availability, for minivan chassis manufactured and assembled by Chrysler in Ontario, Canada. ElDorado National uses Chrysler minivan chassis to manufacture its Amerivan lowered floor minivans. In its request for a waiver, a copy of which has been placed in the Docket, ElDorado National asserts that General Motors and Chrysler minivan chassis, including those used on the Chevrolet Uplander, Pontiac Montana, Buick Terraza, Saturn Relay, Chrysler Town & Country, and Dodge Grand Caravan, are no longer manufactured in the United States.

In addition to ElDorado National, FTA has received a number of inquiries from its grantees about the availability of minivans from a domestic source. According to these grantees, minivans are no longer available from a source that can comply with FTA's Buy America requirements.

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). One exception, however, is if ``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.'' 49 U.S.C. 5323(j)(2)(B).

FTA notes that, unlike with public interest waivers, it is not required to publish a notice in the Federal Register before waiving its Buy America requirements on the basis of non availability. In this instance, however, FTA is proceeding with an abundance of caution. In order to understand completely the facts surrounding the ElDorado National's request, FTA seeks comment from all interested parties regarding the availability of domestically manufactured minivans and minivan chassis. If granted, a waiver would apply to all minivans and minivan chassis, not only those manufactured by Chrysler. A full copy of ElDorado National's petition has been placed in docket number FTA 20090002.