[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17289-17291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05874]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0084]


Advancing High-Speed Rail Projects Intended for Operations Over 
160 Miles Per Hour Through Domestic Sourcing Plans and Buy America 
Compliance

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice.

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SUMMARY: The Federal Railroad Administration (FRA) is issuing this 
notice to encourage development of high-speed rail (HSR) system 
projects intended for operations over 160 miles per hour by 
establishing a streamlined process for reviewing domestic sourcing and 
workforce plans. Specifically, this notice summarizes FRA's intent to 
invite HSR project sponsors to voluntarily submit for review, in 
advance of receipt of DOT funding, their domestic sourcing and 
workforce plans. This notice provides further clarification to the 
December 7, 2022, Notice of Funding Opportunity for the Federal-State 
Partnership for Intercity Passenger Rail Program, which stated that FRA 
expects all applicants to comply with Buy America requirements without 
needing a waiver. However, to obtain a waiver, an applicant must be 
prepared to demonstrate how they will maximize the use of domestic 
goods, products, and materials in constructing their project.
    If an applicant anticipates it may need a waiver, the applicant 
should indicate the need in its application and submit materials 
necessary for such requests together with its application. This notice 
provides further detail on the recommended content of these materials. 
This notice also serves as an RFI to assist with planning a U.S. 
domestic content High Speed Rail Industry Exchange Day (Industry Day).

DATES: Applicable on March 22, 2023.

ADDRESSES: Comments should refer to docket number FRA-2022-0084 and be 
submitted at https://www.regulations.gov. Search by using

[[Page 17290]]

the docket number and follow the instructions for submitting comments.
    Instructions: All submissions must include the agency name and 
docket number (FRA-2022-0084) for this Notice and subsequent RFI to 
assist with planning a U.S. domestic content High Speed Rail Industry 
Exchange Day.
    Note: All comments received, including any personal information, 
will be posted without change to the docket and will be accessible to 
the public at https://www.regulations.gov. You should not include 
information in your comment that you do not want to be made public. 
Input submitted online via https://www.regulations.gov is not 
immediately posted to the site. It may take several business days 
before your submission is posted.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
please contact Mr. David Valenstein, Office of Railroad Development, 
Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W38-
314, Washington, DC 20590; email: [email protected]; 202-493-
6368; Mr. Ryan Arbuckle, Office of Rail Program Development, Federal 
Railroad Administration, email: [email protected]; 202-617-0212; 
Mr. John Johnson, Office of Chief Counsel, 1200 New Jersey Avenue SE, 
Room W31-208, Washington, DC 20590; email: [email protected]; 202-
384-2421.

SUPPLEMENTARY INFORMATION: FRA is inviting sponsors of high-speed, 
steel wheel on steel rail electrically powered passenger railroad 
projects intended for operations over 160 miles per hour to voluntarily 
submit for review their domestic sourcing and workforce plans 
associated with FRA's Buy America requirements \1\ under 49 U.S.C. 
22905(a) and section 70914 of the Build America, Buy America Act 
included in the Infrastructure Investment and Jobs Act (Pub. L. 117-
58). Project sponsors may begin working with FRA regarding the plans in 
connection with applying for federal financial assistance, including 
the Federal-State Partnership for Intercity Passenger Rail Program 
(FSP-National), Railroad Rehabilitation and Improvement Financing 
(RRIF), or other applicable USDOT programs. FRA recognizes that the 
domestic manufacturing ecosystem for high-speed rail will require 
investment and HSR project sponsors may plan to seek a waiver for 
certain goods, products, and materials used in safety- and performance-
critical HSR technology systems (e.g., track, power supply, train 
control, rolling stock). Typically, project sponsors wait until after 
their project has been selected for award before requesting potential 
Buy America waivers. However, the complexity and size of HSR projects 
necessitates aligning any waiver and associated implementation plan 
with application evaluation processes. In the FSP-National NOFO, FRA 
indicated that if an applicant to that program anticipates it may need 
a waiver, the applicant should indicate the need in its application and 
submit materials necessary for such requests with its application. FRA 
has followed a similar approach with certain RRIF applicants such that 
Buy America waivers have been considered early in the loan application 
process. This notice provides clarification on what materials should be 
submitted to support parallel review of a grant application and waiver 
request.
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    \1\ Buy America requirements include both FRA Buy America 
requirements and Buy America, Build America requirements.
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    FRA's ``Buy America: Answers to Frequently Asked Questions'' (FAQs) 
describe FRA's procedures for applying Buy America, including issuing 
waivers, to programs such as FSP-National and RRIF (https://railroads.dot.gov/legislation-regulations/buy-america/buy-america-fras-high-speed-intercity-passenger-rail-program). On January 25, 2021, 
President Biden signed Executive Order 14005, Ensuring the Future Is 
Made in All of America by All of America's Workers, to ensure that 
federal financial assistance awards maximize the use of goods, 
products, and materials produced in the United States. On April 18, 
2022, the Office of Management and Budget issued Initial Implementation 
Guidance on Application of Buy America Preference in Federal Financial 
Assistance Programs for Infrastructure (M-22-11). This guidance states 
that to the greatest extent possible, waivers should be issued at the 
project level and be product specific. Also, the guidance encourages 
agencies to use the principles of time-limited, targeted, and 
conditional for any necessary waivers so that federal financial 
assistance drives increasing demand for production of domestically 
manufactured goods and products. In accordance with the Build America, 
Buy America Act, Executive Order, OMB Guidance, and FRA's FAQs, FRA 
will expect potential applicants to FRA- and USDOT-funded financial 
assistance programs to:
     Comply with Build America, Buy America Act and FRA Buy 
America requirements, including final assembly in the United States and 
appropriate domestic content thresholds.
     Maximize the use of domestically produced goods, products, 
and materials. Where domestically produced goods, products, and 
materials are not currently available in sufficient quantities or of an 
acceptable quality to meet demand, applicants are expected to provide 
robust evidence of non-availability or unreasonable cost.
     Prepare and implement a domestic sourcing plan for their 
HSR projects. The plan should describe how recipients will maximize the 
use of available domestic content, or, if such content does not 
currently exist, how they will work with suppliers to build production 
capacity and the plan should provide justification regarding the use of 
the imported goods, products, and materials. If a waiver is needed, the 
applicant should describe the associated implementation plan and 
expected timeline to reach full FRA Buy America and BABA compliance. 
The plan may include--
    [cir] Detail on the extent to which HSR system goods, products, and 
materials are not available in the United States; the extent to which 
the goods, products, and materials for the HSR project can be sourced 
domestically; and the justification for imported items supported by 
robust evidence and analysis of industry supply relative to project 
demand.
    [cir] An explanation of how the recipient anticipates meeting full 
FRA Buy America and BABA compliance.
    [cir] An explanation of how the recipient anticipates using 
domestic sources for maintenance and replacement of initially imported 
goods and materials used in the project and/or how the recipient will 
scale domestic content over time by supporting new or expanded domestic 
production of initially imported goods and materials.
    [cir] An explanation of how the applicant, and, if applicable, its 
domestic suppliers, plan to support the creation of high-quality 
American jobs consistent with Good Jobs Principles. The Department 
intends to use the HSR program to support the creation of good-paying 
jobs with the free and fair choice to join a union and the 
incorporation of strong labor standards and training and placement 
programs consistent with Executive Order 14025, Worker Organizing and 
Empowerment (86 FR 22829), and Executive Order 14052, Implementation of 
the Infrastructure Investment and Jobs Act (86 FR 64335). These 
provisions will be considered in conjunction with domestic sourcing 
plans so that, when taken together, the domestic sourcing and workforce 
plans present a commitment to create high-quality jobs for the 
communities in which the project will operate.

[[Page 17291]]

    FRA acknowledges that domestic sourcing plans may contain material 
the submitter considers to be confidential commercial information or 
trade secrets (collectively, CCI), and not customarily released to the 
public. Project sponsors should indicate as such domestic sourcing 
plans they consider to be CCI and not customarily released to the 
public, and request that the information be protected from release. To 
the extent permitted by law, FRA will not release such information. FRA 
will handle subsequent Freedom of Information Act, 5 U.S.C. 552, 
requests for the information according to the regulatory process 
described at 49 CFR part 7.

Industry Day

    High speed rail manufacturing, assembly, installation, and 
maintenance all have the potential to not only support policies on 
sustainability and climate, but also to create good-paying, union jobs 
in the United States. DOT is interested in hearing from the public, 
including stakeholders (such as State and local agencies, the rail 
manufacturing industry, component suppliers, labor unions, related 
associations, and transportation advocates), to gather information on 
manufacturing and assembly processes in the United States for high-
speed rail.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2023-05874 Filed 3-21-23; 8:45 am]
BILLING CODE 4910-06-P