Action
Notice of intent to grant Buy America waiver.
Summary
FRA is issuing this notice to advise the public that it intends to grant the Northern New England Passenger Rail Authority's (NNEPRA) waiver request from FRA's Buy America requirement, 49 U.S.C. 24405(a), for the purchase and use of 3,340 AREMA specified carbon steel standard 1\1/8\ nominal diameter nuts. FRA intends to grant the waiver because there are no domestic commercially available track nuts that meet the needed specifications and custom made fabricated track nuts that cannot be delivered for 10-16 weeks are not "reasonably available" under 49 U.S.C. 24405(a)(2)(B), especially given NNEPRA has mobilized for the track construction and Maine has a short construction season. In addition, NNEPRA used a competitive bidding process to procure the track nuts and no bidders came forward at that time who could comply with Buy America. Finally, FRA published public notice of the NNEPRA waiver request in the Federal Register on August 2, 2010. This notice also failed to identify a reasonably available domestic source. 49 U.S.C. 24405(a)(4) requires that the Secretary provide public notice of a determination that it is necessary to waive the Buy America requirement and provide a maximum fifteen day opportunity for public comment before the waiver becomes final.