March 31, 2004

Mr. Patrick N. Z. Rona
President and Chief Executive Officer
North American Bus Industries, Inc.
106 National Drive
Anniston, Alabama 36207

Dear Mr. Rona:

This responds to your letter of March 23, 2004, requesting an extension of North American Bus Industries’ (NABI) March 19, 2002, Buy America waiver for the composite integrated frame and chassis used in the CompoBus.[1]

You write that the circumstances have not changed since your original request. As noted in that waiver, FTA must review changes in the marketplace over the last two years. Please provide documentation and arguments in support of your assertion that nothing has changed and explain why the manufacturing can still not be performed in the U.S. Please also explain the effect of waiver – how many CompoBus’s have been sold in the last two years?

I look forward to receiving the above-referenced information. If you have any questions, please do not hesitate to contact Meghan G. Ludtke at (202) 366-1936.

Very truly yours,

Gregory B. McBride
Deputy Chief Counsel

[1] Note that this waiver expired on March 19, 2004. There is no separate, lesser review standard for an extension of a waiver. The email sent on the day the waiver expired notifying FTA that NABI intended to submit a request for an extension does not automatically extend the effect of the waiver, nor does your March 23, 2004, letter. FTA will review the substantiated request, once it is made, and put the issue out for comment before making a decision. Accordingly, any bids or offers you submit must now include a certification of non-compliance unless NABI plans to comply with Buy America by manufacturing the frame and chassis for that contract in the U.S.