Notice of Proposed Waiver of Buy America Requirements for Tier 0, Tier 1, and Non-Tiered Locomotives, 2777-2779 [2025-00443]
Download as PDF
Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Notices
ground floor of the DOT West Building,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m., ET Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
ddrumheller on DSK120RN23PROD with NOTICES1
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier
Safety Regulations (FMCSRs). FMCSA
must publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including the applicant’s safety
analysis. The Agency must provide an
opportunity for public comment on the
request.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305(a)).
The Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)). If granted, the notice will
identify the regulatory provision from
which the applicant will be exempt, the
effective period, and all terms and
conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is
denied, the notice will explain the
reason for the denial (49 CFR
381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
III. Applicant’s Request
International has applied for a 5-year
exemption from 49 CFR 383.23 for three
drivers: Johan Astrom, Kristoffer
Lindve, and Martin Uppman, who work
for an entity called Scania. Scania and
International are subsidiaries of a parent
company called TRATON SE and are
partnering in developing International’s
technology advancements. Under 49
CFR 383.23, drivers are required to have
a CDL issued by a State when operating
CMVs in interstate or intrastate
commerce. International requests the
exemption because these three drivers
are not residents of a U.S. State, and
therefore cannot meet the residency
requirement for a CDL. They are eligible
for non-domiciled CDLs only. These
drivers hold valid Swedish commercial
licenses.
The requested exemption would
allow these three drivers to operate
International’s vehicles in interstate
commerce to support International’s
development of its advanced
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Jkt 265001
transmission control system. As critical
technical members of the development
team, the drivers will need to
participate in ‘‘real world’’ vehicle tests
on U.S. roads prior to going to market.
If granted, the drivers will participate in
test driving events from International’s
Lisle, Illinois and Denver, Colorado
facilities.
Applicant’s Equivalent Level of Safety
International believes that granting
the exemption would have no impact on
safety on U.S. roadways. Per the
applicant, the drivers will drive for no
more than 8 hours per day for 2
consecutive days. Driving will take
place on 2-lane State highways and
interstate highways. Drivers will drive
no more than 300 miles per day, and in
all cases the drivers will be
accompanied by a holder of a CDL
issued by a State who is familiar with
the routes to be traveled.
International explains in its
exemption request that the requirements
for a Swedish commercial license
ensure that the drivers would likely
achieve a level of safety equivalent to,
or greater that, the level that would be
achieved by the current regulation.
A copy of International’s application
for exemption for these drivers is
available in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
International’s application for an
exemption from 49 CFR 383.23. All
comments received before the close of
business on the comment closing date
indicated at the beginning of this notice
will be considered and will be available
for examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025–00440 Filed 1–10–25; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
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2777
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA–2025–0017]
Notice of Proposed Waiver of Buy
America Requirements for Tier 0, Tier
1, and Non-Tiered Locomotives
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice; request for comments.
AGENCY:
The Federal Railroad
Administration (FRA) is seeking
comments on whether to grant a general
applicability public interest waiver of
its Buy America requirements for the
purchase of used locomotives that
would serve as the underframe or
chassis to convert them to all-electric,
renewable diesel, battery-powered, or
other renewable-energy locomotives.
Such projects would remove highly
polluting locomotives from the national
rail network and replace them with
more efficient locomotives that will
reduce overall emissions, address
environmental burdens on
communities, and create domestic jobs.
Purchases of these locomotives under
FRA-funded projects are subject to
FRA’s Buy America requirements.
However, given the age of these used
locomotives, it is difficult and may not
be possible to verify whether they are
fully compliant with FRA’s Buy
America requirements. In this general
applicability waiver, FRA does not
propose to waive the applicable Build
America, Buy America Act (BABA)
requirements. This proposed waiver
would not apply to any other
manufactured products, steel, iron, or
construction materials.
DATES: Comments must be received by
January 28, 2025.
ADDRESSES: Please submit all comments
electronically to the federal rulemaking
Portal. Go to https://
www.regulations.gov and follow the
instructions for submitting comments.
Instructions: All submissions must
refer to the Federal Railroad
Administration and the docket number
in this notice (FRA–2025–0017). Note
that all submissions received, including
any personal information provided, will
be posted without change and will be
available to the public at https://
www.regulations.gov. You may review
the U.S. Department of Transportation’s
(DOT) complete Privacy Act Statement
in the Federal Register published April
11, 2000 (65 FR 19477), or at https://
www.transportation.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, please
SUMMARY:
E:\FR\FM\13JAN1.SGM
13JAN1
2778
Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Notices
contact Shreyas Bhatnagar, Regional
Supervisor, Office of Regional Outreach
& Project Delivery—South Central
Region, Office of Railroad Development,
FRA; telephone: (202) 617–0212; email:
Shreyas.Bhatnagar@dot.gov. For legal
questions, please contact Faris
Mohammed, Attorney-Advisor, Office of
the Chief Counsel, FRA; telephone:
(202) 763–3230; email:
Faris.Mohammed@dot.gov.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
I. Background
Stakeholders have expressed concerns
to FRA regarding the applicability of
FRA’s Buy America requirements on
used locomotives that are purchased for
an FRA-funded project and rehabilitated
or remanufactured to meet higher
emission standards. The U.S.
Environmental Protection Agency (EPA)
sets emissions standards for line haul
and switch locomotives under different
tiers, each of which corresponds to
when the locomotive engine was
originally manufactured, as follows:
• Tier 0 includes locomotive engines
from 1973–1992 (line haul) and 1973–
2001 (switch),
• Tier 1 includes locomotive engines
from 1993–2004 (line haul) and 2002–
2004 (switch),
• Tier 2 includes locomotive engines
from 2005–2011 (line haul) and 2005–
2010 (switch),
• Tier 3 includes locomotive engines
from 2012–2014 (line haul) and 2011–
2014 (switch), and
• Tier 4 includes locomotive engines
from 2015 or later (line haul and
switch).
Locomotives produced before 1973
are classified as non-tiered.
Tier 0 and Tier 1 locomotives have
been in operation in the United States
for decades, and many of them are still
operating on the national rail network.
Locomotive manufacturers may
purchase these old non-tiered, Tier 0,
and Tier 1 locomotives, remove the
diesel engine, and replace the engine
with an alternative power source, such
as an electric motor and battery, which
can result in a more efficient, higher-tier
locomotive.
The Infrastructure Investment and
Jobs Act (IIJA), also known as the
Bipartisan Infrastructure Law, created
historic federal investment
opportunities in domestic
infrastructure, clean energy
manufacturing, and electric vehicles
and batteries that have grown clean
energy jobs across the country.
Although rail transportation is generally
considered a more efficient mode of
transportation, older locomotives are
VerDate Sep<11>2014
18:48 Jan 09, 2025
Jkt 265001
less efficient than newer, higher-tiered
locomotives.
In addition, locomotive emissions
from rail yards contribute to poor air
quality and other environmental effects
for nearby communities. Reducing
locomotive emissions in rail yards can
help alleviate environmental burdens,
including exhaust and noise, and
improve the quality of life for these
communities.
In the IIJA, Congress amended FRA’s
Consolidated Rail Infrastructure and
Safety Improvements (CRISI) Grant
Program to authorize FRA to fund
projects for rehabilitating,
remanufacturing, procuring, or
overhauling locomotives, provided that
such activities result in a significant
reduction of emissions. 49 U.S.C.
22907(c)(16). FRA has defined
significant reduction of emissions to
mean rehabilitating, remanufacturing,
procuring, or overhauling: (1) a NonTiered, Tier 0, or Tier 1 locomotive to
at least the Tier 2 level; (2) a Tier 2 or
Tier 3 locomotive to at least a Tier 4
level; or (3) any locomotive to an allelectric, renewable diesel, batterypowered, or other renewable energy
locomotive.1
As such, FRA-funded projects may
include the purchase of an older Tier 0,
Tier 1, or non-tiered locomotive
currently in service for the purpose of
rehabilitating or remanufacturing the
locomotive, converting it to a higher tier
by replacing the diesel engine with an
alternative power source. FRA’s Buy
America requirements apply to FRA’s
CRISI Grant Program. Therefore, these
requirements would apply to the
purchase of older locomotives as part of
projects to convert them to a higher
emissions tier. Although it is possible
that Tier 0, Tier 1, and non-tiered
locomotives that have been in operation
in the United States for decades may be
compliant with FRA’s Buy America
requirements, due to their age it is
difficult for grant recipients to verify
that all of the components used in the
locomotive were produced in the United
States. Although a grant recipient may
be able to confirm that the locomotive
was assembled in the United States,
documentation verifying the country of
origin of the locomotive’s components is
typically unavailable due to the passage
of time.
FRA proposes to issue this general
applicability waiver of its Buy America
requirements for FRA-funded projects
that involve the purchase of these used
1 See Notice of Funding Opportunity for the FY
2023–2024 Consolidated Rail Infrastructure and
Safety Improvements Grant Program, 89 FR 22206
(March 29, 2024).
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
locomotives for the purpose of
rehabilitating, remanufacturing, or
overhauling the used locomotive to
deliver a locomotive with significantly
reduced emissions. FRA is not
proposing to waive its Buy America
requirements for any other
manufactured products, steel, iron, or
construction materials used in FRAfunded projects, nor does this waiver
apply to the purchase of any new items
necessary for the project, such as the
battery system and its components. This
general applicability waiver will
facilitate the delivery of innovative
locomotive projects that seek to develop
and deploy alternative power sources to
produce more efficient locomotives,
reduce locomotive emissions
throughout the country, address
environmental burdens on
communities, and create domestic jobs.
This notice summarizes FRA’s Buy
America requirements and FRA’s
proposed waiver. FRA also seeks
comments as to whether it should
consider issuing a waiver for any other
products required to manufacture
locomotive batteries or locomotive
charging stations and equipment due to
the domestic nonavailability of such
products. Should it obtain such
information, FRA will consider
proposing additional nonavailability
waivers as appropriate.
II. FRA’s Buy America Requirements
and Policy
Projects that receive funding under
the CRISI Grant Program are subject to
FRA’s Buy America requirements. This
means that FRA can fund a project
‘‘only if the steel, iron, and
manufactured goods used in the project
are produced in the United States’’ (49
U.S.C. 22905(a)). In addition, FRAfunded projects must also comply with
the relevant provisions of BABA,
specifically the requirement that all
construction materials used in the
project must also be produced in the
United States (Pub. L. 117–58, sec.
70914(a)).
FRA strictly enforces compliance with
Buy America to ensure that FRA-funded
projects use materials produced in the
United States. FRA expects grantees to
work with suppliers to conduct
thorough market research and
adequately consider, where appropriate,
using qualifying alternate items,
products, or materials. Compliance with
FRA’s Buy America requirement
supports domestic industry and wellpaying jobs.
E:\FR\FM\13JAN1.SGM
13JAN1
Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
III. FRA’s Authority To Waive Buy
America Requirements
FRA can waive its Buy America
requirements in limited circumstances.
FRA will grant a waiver that is
consistent with the statutory criteria.
FRA may waive its Buy America
requirements if FRA determines that
applying the Buy America requirements
would be inconsistent with the public
interest; the steel, iron, and goods
produced in the United States are not
produced in a sufficient and reasonably
available amount or are not of
satisfactory quality; rolling stock or
power train equipment cannot be
bought and delivered in the United
States within a reasonable time; or
including domestic material would
increase the cost of the overall project
by more than 25 percent (49 U.S.C.
22905(a)(2); see also Pub. L. 117–58,
sec. 70914(b); prescribing similar
statutory conditions for waivers).
FRA may issue a general applicability
waiver when doing so is necessary to
advance the agency’s mission and goals.
This waiver would apply generally
across FRA’s grant programs.2 In
addition, a waiver in the public interest
is appropriate when the agency
determines that other important policy
goals cannot be achieved consistent
with FRA’s Buy America requirements
and the Buy America requirements
established by BABA, and the proposed
waiver does not meet the requirements
for a non-availability or unreasonable
cost waiver.3
If FRA determines a waiver is
appropriate, FRA will provide notice
and seek comment from the public.
IV. Proposed Waiver
FRA has determined that applying its
Buy America requirements to the
purchase of Tier 0, Tier 1, and nontiered locomotives for the purpose of
rehabilitating or remanufacturing the
locomotive to significantly reduce
emissions would be inconsistent with
the public interest as it would be overly
burdensome or, in some instances, not
possible to verify whether the used
locomotive is fully compliant with
FRA’s Buy America requirements. To
advance rail projects that deploy more
efficient locomotives, reduce emissions,
address environmental burdens on
communities, and create domestic jobs,
FRA proposes to waive its Buy America
requirements for the purchase of used
Tier 0, Tier 1, and non-tiered
locomotives, provided that the used
locomotive:
• has been in continuous service in
the United States from the date of
manufacture;
• was not purchased outside the
United States;
• was manufactured prior to 2004
(line haul or switch); and
• will be used in an FRA-funded
project that will result in a significant
reduction in emissions.
The proposed waiver does not apply
to any other manufactured products,
steel, or iron used in the FRA-funded
project, nor does it apply to the
purchase of any new items necessary for
the project, such as the battery system
and its components. FRA is not
proposing to waive any applicable
BABA requirements, and the proposed
waiver does not apply to any
construction materials.
The proposed waiver would be
effective for five years from the date the
final waiver is issued and would apply
to awards obligated within that period.
V. Request for Comment
FRA will consider comments received
during the 15-day public comment
period. FRA may consider comments
received after this period to the extent
practicable. Consistent with 49 U.S.C.
22905(a)(4), following the public
comment period, if FRA determines it is
necessary to waive its Buy America
requirements, FRA will publish its
decision in the Federal Register and
provide an opportunity for public
comment on such finding for a
reasonable period not to exceed 15 days.
After such a period, FRA’s decision will
be effective.
FRA also seeks input from the public
as to whether it should consider issuing
a separate waiver for any other products
required to manufacture locomotive
batteries or locomotive charging stations
and equipment due to their
nonavailability in the domestic market.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2025–00443 Filed 1–10–25; 8:45 am]
BILLING CODE 4910–06–P
2 See Implementation Guidance on Application of
Buy America Preference in Federal Financial
Assistance Programs for Infrastructure, M–24–02, at
p. 13 (Oct. 25, 2023).
3 Id., at p. 11.
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18:48 Jan 09, 2025
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2779
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2024–0051]
Agency Information Collection
Activities; Notice and Request for
Comment; Assessing the Fit and
Comfort of Motorcycle Safety Gear
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for public
comment on a request for approval of a
new collection of information.
AGENCY:
The National Highway Traffic
Safety Administration (NHTSA) invites
public comments about our intention to
request approval from the Office of
Management and Budget (OMB) for a
new information collection. Before a
Federal agency can collect certain
information from the public, it must
receive approval from OMB. Under
procedures established by the
Paperwork Reduction Act of 1995,
before seeking OMB approval, Federal
agencies must solicit public comment
on proposed collections of information,
including extensions and reinstatement
of previously approved collections. This
document describes a new collection of
information for which NHTSA intends
to seek OMB approval to gather
information on the personal protective
equipment (PPE) motorcyclists wear
including helmets and riding jackets,
pants, boots, and gloves, how well the
PPE fits, and how comfortable riders
find it to be.
DATES: Comments must be received on
or before March 14, 2025.
ADDRESSES: You may submit comments
identified by Docket No. NHTSA–2024–
0051 using any of the following
methods:
• Electronic submissions: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, West Building between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9322 before
coming.
Instructions: Each submission must
include the agency name and the docket
number for this Notice. Note that all
comments received will be posted
without change to https://
SUMMARY:
E:\FR\FM\13JAN1.SGM
13JAN1
Agencies
[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Notices]
[Pages 2777-2779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00443]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA-2025-0017]
Notice of Proposed Waiver of Buy America Requirements for Tier 0,
Tier 1, and Non-Tiered Locomotives
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Railroad Administration (FRA) is seeking comments
on whether to grant a general applicability public interest waiver of
its Buy America requirements for the purchase of used locomotives that
would serve as the underframe or chassis to convert them to all-
electric, renewable diesel, battery-powered, or other renewable-energy
locomotives. Such projects would remove highly polluting locomotives
from the national rail network and replace them with more efficient
locomotives that will reduce overall emissions, address environmental
burdens on communities, and create domestic jobs. Purchases of these
locomotives under FRA-funded projects are subject to FRA's Buy America
requirements. However, given the age of these used locomotives, it is
difficult and may not be possible to verify whether they are fully
compliant with FRA's Buy America requirements. In this general
applicability waiver, FRA does not propose to waive the applicable
Build America, Buy America Act (BABA) requirements. This proposed
waiver would not apply to any other manufactured products, steel, iron,
or construction materials.
DATES: Comments must be received by January 28, 2025.
ADDRESSES: Please submit all comments electronically to the federal
rulemaking Portal. Go to https://www.regulations.gov and follow the
instructions for submitting comments.
Instructions: All submissions must refer to the Federal Railroad
Administration and the docket number in this notice (FRA-2025-0017).
Note that all submissions received, including any personal information
provided, will be posted without change and will be available to the
public at https://www.regulations.gov. You may review the U.S.
Department of Transportation's (DOT) complete Privacy Act Statement in
the Federal Register published April 11, 2000 (65 FR 19477), or at
https://www.transportation.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please
[[Page 2778]]
contact Shreyas Bhatnagar, Regional Supervisor, Office of Regional
Outreach & Project Delivery--South Central Region, Office of Railroad
Development, FRA; telephone: (202) 617-0212; email:
[email protected]. For legal questions, please contact Faris
Mohammed, Attorney-Advisor, Office of the Chief Counsel, FRA;
telephone: (202) 763-3230; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Stakeholders have expressed concerns to FRA regarding the
applicability of FRA's Buy America requirements on used locomotives
that are purchased for an FRA-funded project and rehabilitated or
remanufactured to meet higher emission standards. The U.S.
Environmental Protection Agency (EPA) sets emissions standards for line
haul and switch locomotives under different tiers, each of which
corresponds to when the locomotive engine was originally manufactured,
as follows:
Tier 0 includes locomotive engines from 1973-1992 (line
haul) and 1973-2001 (switch),
Tier 1 includes locomotive engines from 1993-2004 (line
haul) and 2002-2004 (switch),
Tier 2 includes locomotive engines from 2005-2011 (line
haul) and 2005-2010 (switch),
Tier 3 includes locomotive engines from 2012-2014 (line
haul) and 2011-2014 (switch), and
Tier 4 includes locomotive engines from 2015 or later
(line haul and switch).
Locomotives produced before 1973 are classified as non-tiered.
Tier 0 and Tier 1 locomotives have been in operation in the United
States for decades, and many of them are still operating on the
national rail network. Locomotive manufacturers may purchase these old
non-tiered, Tier 0, and Tier 1 locomotives, remove the diesel engine,
and replace the engine with an alternative power source, such as an
electric motor and battery, which can result in a more efficient,
higher-tier locomotive.
The Infrastructure Investment and Jobs Act (IIJA), also known as
the Bipartisan Infrastructure Law, created historic federal investment
opportunities in domestic infrastructure, clean energy manufacturing,
and electric vehicles and batteries that have grown clean energy jobs
across the country. Although rail transportation is generally
considered a more efficient mode of transportation, older locomotives
are less efficient than newer, higher-tiered locomotives.
In addition, locomotive emissions from rail yards contribute to
poor air quality and other environmental effects for nearby
communities. Reducing locomotive emissions in rail yards can help
alleviate environmental burdens, including exhaust and noise, and
improve the quality of life for these communities.
In the IIJA, Congress amended FRA's Consolidated Rail
Infrastructure and Safety Improvements (CRISI) Grant Program to
authorize FRA to fund projects for rehabilitating, remanufacturing,
procuring, or overhauling locomotives, provided that such activities
result in a significant reduction of emissions. 49 U.S.C. 22907(c)(16).
FRA has defined significant reduction of emissions to mean
rehabilitating, remanufacturing, procuring, or overhauling: (1) a Non-
Tiered, Tier 0, or Tier 1 locomotive to at least the Tier 2 level; (2)
a Tier 2 or Tier 3 locomotive to at least a Tier 4 level; or (3) any
locomotive to an all-electric, renewable diesel, battery-powered, or
other renewable energy locomotive.\1\
---------------------------------------------------------------------------
\1\ See Notice of Funding Opportunity for the FY 2023-2024
Consolidated Rail Infrastructure and Safety Improvements Grant
Program, 89 FR 22206 (March 29, 2024).
---------------------------------------------------------------------------
As such, FRA-funded projects may include the purchase of an older
Tier 0, Tier 1, or non-tiered locomotive currently in service for the
purpose of rehabilitating or remanufacturing the locomotive, converting
it to a higher tier by replacing the diesel engine with an alternative
power source. FRA's Buy America requirements apply to FRA's CRISI Grant
Program. Therefore, these requirements would apply to the purchase of
older locomotives as part of projects to convert them to a higher
emissions tier. Although it is possible that Tier 0, Tier 1, and non-
tiered locomotives that have been in operation in the United States for
decades may be compliant with FRA's Buy America requirements, due to
their age it is difficult for grant recipients to verify that all of
the components used in the locomotive were produced in the United
States. Although a grant recipient may be able to confirm that the
locomotive was assembled in the United States, documentation verifying
the country of origin of the locomotive's components is typically
unavailable due to the passage of time.
FRA proposes to issue this general applicability waiver of its Buy
America requirements for FRA-funded projects that involve the purchase
of these used locomotives for the purpose of rehabilitating,
remanufacturing, or overhauling the used locomotive to deliver a
locomotive with significantly reduced emissions. FRA is not proposing
to waive its Buy America requirements for any other manufactured
products, steel, iron, or construction materials used in FRA-funded
projects, nor does this waiver apply to the purchase of any new items
necessary for the project, such as the battery system and its
components. This general applicability waiver will facilitate the
delivery of innovative locomotive projects that seek to develop and
deploy alternative power sources to produce more efficient locomotives,
reduce locomotive emissions throughout the country, address
environmental burdens on communities, and create domestic jobs.
This notice summarizes FRA's Buy America requirements and FRA's
proposed waiver. FRA also seeks comments as to whether it should
consider issuing a waiver for any other products required to
manufacture locomotive batteries or locomotive charging stations and
equipment due to the domestic nonavailability of such products. Should
it obtain such information, FRA will consider proposing additional
nonavailability waivers as appropriate.
II. FRA's Buy America Requirements and Policy
Projects that receive funding under the CRISI Grant Program are
subject to FRA's Buy America requirements. This means that FRA can fund
a project ``only if the steel, iron, and manufactured goods used in the
project are produced in the United States'' (49 U.S.C. 22905(a)). In
addition, FRA-funded projects must also comply with the relevant
provisions of BABA, specifically the requirement that all construction
materials used in the project must also be produced in the United
States (Pub. L. 117-58, sec. 70914(a)).
FRA strictly enforces compliance with Buy America to ensure that
FRA-funded projects use materials produced in the United States. FRA
expects grantees to work with suppliers to conduct thorough market
research and adequately consider, where appropriate, using qualifying
alternate items, products, or materials. Compliance with FRA's Buy
America requirement supports domestic industry and well-paying jobs.
[[Page 2779]]
III. FRA's Authority To Waive Buy America Requirements
FRA can waive its Buy America requirements in limited
circumstances. FRA will grant a waiver that is consistent with the
statutory criteria.
FRA may waive its Buy America requirements if FRA determines that
applying the Buy America requirements would be inconsistent with the
public interest; the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably available amount
or are not of satisfactory quality; rolling stock or power train
equipment cannot be bought and delivered in the United States within a
reasonable time; or including domestic material would increase the cost
of the overall project by more than 25 percent (49 U.S.C. 22905(a)(2);
see also Pub. L. 117-58, sec. 70914(b); prescribing similar statutory
conditions for waivers).
FRA may issue a general applicability waiver when doing so is
necessary to advance the agency's mission and goals. This waiver would
apply generally across FRA's grant programs.\2\ In addition, a waiver
in the public interest is appropriate when the agency determines that
other important policy goals cannot be achieved consistent with FRA's
Buy America requirements and the Buy America requirements established
by BABA, and the proposed waiver does not meet the requirements for a
non-availability or unreasonable cost waiver.\3\
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\2\ See Implementation Guidance on Application of Buy America
Preference in Federal Financial Assistance Programs for
Infrastructure, M-24-02, at p. 13 (Oct. 25, 2023).
\3\ Id., at p. 11.
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If FRA determines a waiver is appropriate, FRA will provide notice
and seek comment from the public.
IV. Proposed Waiver
FRA has determined that applying its Buy America requirements to
the purchase of Tier 0, Tier 1, and non-tiered locomotives for the
purpose of rehabilitating or remanufacturing the locomotive to
significantly reduce emissions would be inconsistent with the public
interest as it would be overly burdensome or, in some instances, not
possible to verify whether the used locomotive is fully compliant with
FRA's Buy America requirements. To advance rail projects that deploy
more efficient locomotives, reduce emissions, address environmental
burdens on communities, and create domestic jobs, FRA proposes to waive
its Buy America requirements for the purchase of used Tier 0, Tier 1,
and non-tiered locomotives, provided that the used locomotive:
has been in continuous service in the United States from
the date of manufacture;
was not purchased outside the United States;
was manufactured prior to 2004 (line haul or switch); and
will be used in an FRA-funded project that will result in
a significant reduction in emissions.
The proposed waiver does not apply to any other manufactured
products, steel, or iron used in the FRA-funded project, nor does it
apply to the purchase of any new items necessary for the project, such
as the battery system and its components. FRA is not proposing to waive
any applicable BABA requirements, and the proposed waiver does not
apply to any construction materials.
The proposed waiver would be effective for five years from the date
the final waiver is issued and would apply to awards obligated within
that period.
V. Request for Comment
FRA will consider comments received during the 15-day public
comment period. FRA may consider comments received after this period to
the extent practicable. Consistent with 49 U.S.C. 22905(a)(4),
following the public comment period, if FRA determines it is necessary
to waive its Buy America requirements, FRA will publish its decision in
the Federal Register and provide an opportunity for public comment on
such finding for a reasonable period not to exceed 15 days. After such
a period, FRA's decision will be effective.
FRA also seeks input from the public as to whether it should
consider issuing a separate waiver for any other products required to
manufacture locomotive batteries or locomotive charging stations and
equipment due to their nonavailability in the domestic market.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2025-00443 Filed 1-10-25; 8:45 am]
BILLING CODE 4910-06-P