Notice2023-05874
Advancing High-Speed Rail Projects Intended for Operations Over 160 Miles Per Hour Through Domestic Sourcing Plans and Buy America Compliance
Primary source
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Published
March 22, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 88 Issue 55 (Wednesday, March 22, 2023)</title>
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[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17289-17291]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You should not include
information in your comment that you do not want to be made public.
Input submitted online via <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#d9bdb8afb0bdf7afb8b5bcb7aaadbcb0b799bdb6adf7beb6af"><span class="__cf_email__" data-cfemail="355154435c511b435459505b4641505c5b75515a411b525a43">[email protected]</span></a>; 202-493-
6368; Mr. Ryan Arbuckle, Office of Rail Program Development, Federal
Railroad Administration, email: <a href="/cdn-cgi/l/email-protection#abd9d2cac585cad9c9dec8c0c7ceebcfc4df85ccc4dd"><span class="__cf_email__" data-cfemail="7d0f041c13531c0f1f081e1611183d191209531a120b">[email protected]</span></a>; 202-617-0212;
Mr. John Johnson, Office of Chief Counsel, 1200 New Jersey Avenue SE,
Room W31-208, Washington, DC 20590; email: <a href="/cdn-cgi/l/email-protection#a1cbcec9cf8fcbcec9cfd2cecfe1c5ced58fc6ced7"><span class="__cf_email__" data-cfemail="8ce6e3e4e2a2e6e3e4e2ffe3e2cce8e3f8a2ebe3fa">[email protected]</span></a>; 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 (<a href="https://railroads.dot.gov/legislation-regulations/buy-america/buy-america-fras-high-speed-intercity-passenger-rail-program">https://railroads.dot.gov/legislation-regulations/buy-america/buy-america-fras-high-speed-intercity-passenger-rail-program</a>). 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:
<bullet> Comply with Build America, Buy America Act and FRA Buy
America requirements, including final assembly in the United States and
appropriate domestic content thresholds.
<bullet> 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.
<bullet> 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
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