U.S. Department 

of Transportation 

Federal Railroad 

Administration 

JUN 0 9 2016 

Mr. Gregory Taylor 

Administrator 

AIA, Supervising Architect I Project Manager 

City of Sacramento, Department of Public Works 

915 I Street, Room 2000 

Sacramento, CA 95814-2604 

Re: Request for Waiver of Buy America Requirement 

Dear Mr. Taylor: 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

As you are aware, on November 24, 2014, the City of Sacramento, California, Department of 

Public Works (Sacramento) requested a waiver from the Federal Railroad Administration's (FRA) 

Buy America requirement ( 49 U.S.C. § 24405(a)) to purchase "Marmoleum," specifically the 

color Walton Cirrus Original Brown #3665 (Brown Marmoleum), a natural linoleum flooring 

product made by Forbo Flooring Systems in the Netherlands, for use in the Sacramento Valley 

Station (SVS) Phase II intermodal project. 1 The Brown Marmoleum will cover 1,480 sq. ft and 

costs approximately $4,690. 

The SVS Phase II intermodal project is the rehabilitation of the historic 68,000 square foot train 

station in downtown Sacramento, California. The $30 million project is partially funded with a 

$15 million 2012 Transportation Infrastructure Generating Economic Recovery (TIGER) grant. 

The U.S. Department of Transportation (DOT) selected each project for 2012 TIGER Grant 

funding based on whether it would, among other things, promote a more environmentally 

sustainable transportation system. 77 Fed. Reg. 4863, 4867 (January 31, 2012). After 

rehabilitation, the SVS will include an Amtrak station, commercial retail and office space. 

To support its waiver request, Sacramento contends that Brown Marmoleum natural linoleum is 

the only flooring that meets the standards in the Secretary of Interior's Standards for the 

Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, and 

Reconstructing Historic Buildings. Specifically, Sacramento asserts that Brown Marmoleum is 

the only flooring product that sufficiently matches the design, color, and texture of the original 

historic flooring used in SVS. Forbo does not manufacture Brown Marmoleum in the United 

1 Sacramento also requested a non-availability Buy America waiver for a variable refrigerant flow (VRF) heating, 

ventilation, and air conditioning (HV AC) system to be installed into SVS. However, FRA chose to bifurcate the 

waiver requests since the VRF waiver was more advanced in terms of processing and was pivotal to Sacramento. 

FRA granted a waiver for the VRF system on June 4, 2015. See https://www.fra.dot.gov/eLib/Details/L16619. 
States. After comparing flooring samples to the original flooring, California's State Historic 

Preservation Office and FRA determined Brown Marmoleum is the only product best matching 

the original linoleum's design, color, and texture. 

Therefore, FRA is granting Sacramento's waiver request. FRA concludes a waiver is appropriate 

under 49 U.S.C. § 24405(a)(2)(B) for Brown Marmoleum because domestically-produced 

flooring meeting the specific needs of Sacramento for this application (i.e., historic preservation) 

is not currently "produced in sufficient and reasonably available amount or ... [is] not of a 

satisfactory quality." 49 U.S.C. § 24405(a)(2)(B). 

2 

Pursuant to 49 U.S.C. § 24405(a)(4), FRA will publish this letter granting Sacramento's request 

in the Federal Register and provide notice of such finding and an opportunity for public comment 

after which this waiver will become effective. 

Questions about this letter can be directed to, John Johnson, Attorney-Advisor, at 

John.Johnson@dot.gov or (202) 493-0078. 

Sincerely, 

Sarah E. Feinberg 

Administrator