U.S. Department 

of Transportation 

Federal Railroad 

Administration 

JUN 16 2015 

Mr. Bernard Reynolds 

Administrator 

Vice President and Chief Procurement Officer 

National Railroad Passenger Corporation (Amtrak) 

60 Massachusetts A venue NE 

Washington, D.C. 

Mr. Michael Lewis 

Director 

Rhode Island Department of Transportation 

Two Capitol Hill 

Providence, RI 02903 

Re: Request for Waiver of Buy America Requirement 

Dear Mr. Reynolds and Mr. Lewis: 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

On January 26, 2015, the Rhode Island Department of Transportation (RIDOT) and the 

National Railroad Passenger Corporation (Amtrak) requested a waiver from FRA's Buy 

America requirement to purchase one (1) No. 20 RH 136RE turnout, one (1) No. 20 LH 

136RE Turnout, and one (1) No. 20 LH Crossover 136RE (Turnouts and Crossover) 

manufactured by VAE Nortrak North America, Inc. (Nortrak) for use in the Kingston 

Track Capacity and Platform Improvements Project (Kingston Project). Nortrak will 

manufacture the Turnouts and Crossover at its plant in Birmingham, Alabama, but the 

Turnouts and Crossover will contain several components (ZU1-60 steel left and right 

switch point rail sections and Schwihag roller assemblies and plates) not produced in the 

United States. The total amount of foreign material is approximately $126,000. For the 

reasons set forth below, FRA is granting a waiver for the purchase of the Turnouts and 

Crossover. 

FRA believes a waiver is appropriate under 49 U.S.C. § 24405(a)(2)(B) for the ZUI-60 

steel switch point rail sections and Schwihag roller assemblies and plates because 

domestically-produced components meeting the specific needs of RIDOT and Amtrak for 

this application are not currently "produced in sufficient and reasonably available amount 

or are not of a satisfactory quality." 

Amtrak has conducted significant market research to locate 1 00 percent compliant 

turnouts. Further, N ortrak has advised Amtrak that it is in the process of designing 1 00% 

domestic replacements for the Schwihag rollers and plates, and expects to have them 
fully tested and approved in one to two years. However, Nortrak will not complete the 

testing and approval process in time for use in the Kingston Project. In addition, Amtrak 

issued a competitive solicitation for the Turnouts and Crossover and received no Buy 

America compliant bids. 

On January 30, 2015, FRA provided public notice of this waiver request and a 15-day 

opportunity for comment on its website. FRA also sent an email notice to over 6,000 

persons who have signed up for Buy America notices through "GovDelivery." See 

http://www.fra.dot.gov/Page/P0782. FRA received no comments. 

2 

This waiver' applies only to the ZUI-60 steel switch point rail sections and Schwihag 

roller assemblies and plates used in the Turnouts and Crossover installed in the Kingston 

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

Amtrak's and RIDOT'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 Feinberg 

Acting Administrator