FTA Publishes Notice of Buy America Waivers Related to Non-Availability

FTA recently published five notices proposing to waive Buy America requirements based on non-availability of the product from a domestic manufacturer. With certain exceptions, FTA’s Buy America requirements prevent FTA from obligating funds to be used 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)).  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 non-availability waiver. The five proposed waivers are based on the non-availability of the following manufactured goods: two special track work turnout switch components, a Steel Track Excavator with continuous work platform, the ductless mini-split AC unit, a radio communications system, and a fall arrest system. To  comment on these proposed waivers, go to Regulations.gov before March 29, 2016. FTA will publish final waivers after reviewing comments on the proposed waiver.

Notice of Proposed Buy America Waiver for Steel Excavator With a Continuous Wield Platform 
Notice of Proposed Buy America Waiver for Special Trackwork Turnout Switch Components       
Notice of Proposed Buy America Waiver for a Radio Communications System    
Notice of Proposed Buy America Waiver for a Fall Arrest System              
Notice of Proposed Buy America Waiver for Ductless Mini-Split System Air Conditioning Systems
FTA’s Buy America program