This version of the notice being posted to FRA’s website is not intended to constitute the 

official version of the notice. The official version of the notice will be the version 

published in the Federal Register in the near future and may appear slightly different than 

this website posting due to Federal Register formatting requirements. Any dates for 

submission of comments will be based on the date the official version is published in 

Federal Register. 

4910-06-P 

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. 

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 FederalState 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 [INSERT DATE OF PUBLICATION IN THE FEDERAL 

REGISTER]. 

ADDRESSES: Comments should refer to docket number FRA-2022-0084 and be 

submitted at https://www.regulations.gov. Search by using the docket number and follow 

the instructions for submitting comments. 

Instructions: All submissions must include the agency name and docket number (FRA2022-0084) 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: david.valenstein@dot.gov; 202-493-6368; Mr. Ryan Arbuckle, Office of Rail 

Program Development, Federal Railroad Administration, email: ryan.arbuckle@dot.gov; 

202-617-0212; Mr. John Johnson, Office of Chief Counsel, 1200 New Jersey Avenue, 

SE, Room W31-208, Washington, DC 20590; email: john.johnson@dot.gov; 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 requirements1

 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. No. 117-58). Project sponsors may begin working with FRA regarding the 

plans in connection with applying for federal financial assistance, including the FederalState 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. 

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/buy1

 Buy America requirements include both FRA Buy America requirements and Buy America, Build 

America requirements. 
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— 

o 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. 

o An explanation of how the recipient anticipates meeting full FRA Buy 

America and BABA compliance. 

o 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. 

o 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. 

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.