Notice of Buy America Waiver for North County Transit District DMU Replacement Parts

Issuing agencies

Abstract

The Federal Transit Administration ("FTA") is granting a waiver of Buy America domestic preferences for North County Transit District ("NCTD") to procure certain replacement parts for twelve Siemens Desiro series diesel multiple unit ("DMU") vehicles.

Full Text

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<title>Federal Register, Volume 91 Issue 191 (Monday, October 5, 2026)</title>
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[Federal Register Volume 91, Number 191 (Monday, October 5, 2026)]
[Notices]
[Pages 63383-63384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20358]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2026-0133]


Notice of Buy America Waiver for North County Transit District 
DMU Replacement Parts

AGENCY: Federal Transit Administration, Department of Transportation 
(``DOT'').

ACTION: Notice of Buy America waiver.

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SUMMARY: The Federal Transit Administration (``FTA'') is granting a 
waiver of Buy America domestic preferences for North County Transit 
District (``NCTD'') to procure certain replacement parts for twelve 
Siemens Desiro series diesel multiple unit (``DMU'') vehicles.

DATES: The waiver is applicable on October 5, 2026.

FOR FURTHER INFORMATION CONTACT: Jaamal Jennings, FTA Attorney-Advisor, 
<a href="/cdn-cgi/l/email-protection#bff5deded2ded391f5dad1d1d6d1d8ccffdbd0cb91d8d0c9"><span class="__cf_email__" data-cfemail="0d476c6c606c61234768636364636a7e4d696279236a627b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    With certain exceptions, Buy America prohibits FTA from obligating 
funds for a project unless the steel, iron, manufactured goods, and 
construction materials used in the project are produced in the United 
States. 49 U.S.C. 5323(j); Public Law 117-58, 70914. FTA may waive Buy 
America requirements for a product if, among other reasons, a compliant 
version of an item is not produced in a sufficient and reasonably 
available amount or is not of a satisfactory quality. See 49 U.S.C. 
5323(j)(2)(B). FTA cannot deny a request for a waiver unless it can 
provide the waiver requester with a written certification that (1) the 
item is produced in the United States in a sufficient and reasonably 
available amount; (2) the item produced in the United States is of a 
satisfactory quality; and (3) FTA's certification includes a list of 
known manufacturers in the United States from which the item can be 
obtained. See 49 U.S.C. 5323(j)(6)(A).
    North County Transit District (``NCTD'') is the owner and operator 
of the Sprinter light rail service, which runs 22 miles from Oceanside 
to Escondido in San Diego County, California, with 15 passenger 
stations. The fleet consists of 12 Siemens Desiro series DMUs procured 
in 2003 pursuant to a previous Buy America waiver. On April 10, 2025, 
NCTD issued a solicitation for 27 kinds of replacement parts for the 
DMUs. A single bidder responded, representing it could comply with Buy 
America for 12 of the parts specified in the RFP and could not comply 
for 15 other parts. Following the RFP, NCTD submitted a supplier 
scouting opportunity (scouting number 2025-368) through the National 
Institute of Standards and Technology Manufacturing Extension 
Partnership (``NIST-MEP'') in compliance with Section 70916(c) of the 
Build America, Buy America Act (Pub. L. 117-58, November 15, 2021). 
NIST-MEP identified no manufacturer matches for the opportunity. FTA 
had previously waived the Buy America requirements for certain 
replacement parts for the DMU vehicles in 2016. 81 FR 89570 (Dec. 12, 
2016).

Proposed Waiver and Request for Comments

    On June 30, 2026, FTA published in the Federal Register a request 
for

[[Page 63384]]

comments on a proposal to waive Buy America for the specific 
replacement parts not produced in the United States.\1\
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    \1\ 91 FR 39665.
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Response to Comments

    FTA received no comments on its proposed waiver during the 15-day 
comment period.

Finding on Waiver

    FTA finds that the replacement parts identified in FTA's June 30, 
2026, notice of proposed waiver are not produced in the United States 
in a sufficient and reasonably available amount or of a satisfactory 
quality. Accordingly, FTA is granting the waiver as proposed in FTA's 
June 30 notice.

Matthew B. Cahill,
Acting Deputy Administrator.
[FR Doc. 2026-20358 Filed 10-2-26; 8:45 am]
BILLING CODE P


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