Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 89015 

1Advancing High-Speed Rail Projects Intended 

for Operations Over 160 Miles Per Hour Through 

Domestic Sourcing Plans and Buy America 

Compliance, 88 FR 17289 (March 22, 2023). 

2The DSWP contains proprietary information that 

FRA has determined is confidential business 

information. As such, FRA is not making the DSWP 

available to the public at this time; however, 

pertinent non-proprietary information provided in 

the DSWP is discussed in this notice. 

3For FRA’s Buy America requirements, see 

section II. 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2023–0099] 

Notice of Proposed Nonavailability 

Waiver of Buy America Requirements 

for the Nevada Department of 

Transportation To Purchase Certain 

High-Speed Rail Components 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice; request for comment. 

SUMMARY: The Federal Railroad 

Administration (FRA) is seeking 

comments on whether to grant a waiver 

of its Buy America requirements to the 

Nevada Department of Transportation 

(NVDOT) for certain components that 

are not produced in the United States 

for use in a high-speed passenger train 

project between Las Vegas, NV and 

Rancho Cucamonga, CA (Project). FRA 

selected the Project for funding under 

the Federal-State Partnership for 

Intercity Passenger Rail Program (FSP 

Program), and therefore, FRA’s Buy 

America requirements apply to the 

Project. FRA’s Buy America 

requirements include both FRA’s 

statutory requirements, which require 

100 percent of the manufactured 

products and steel and iron used in an 

FRA-funded project to be produced in 

the United States, and the Build 

America, Buy America Act (BABA), 

which requires that all construction 

materials used in the FRA-funded 

project be produced in the United 

States. FRA is not proposing to waive 

the applicable BABA requirements for 

construction materials used in the 

Project, and therefore this proposed 

waiver would not apply to the 

construction materials used in the 

Project. The proposed waiver would 

apply to the trainset, signal systems, 

high-speed rail turnout and fire alarm 

systems based on the domestic 

nonavailability of such components, as 

identified by NVDOT’s railroad 

operating partner Brightline West and 

the two potential suppliers (Alstom and 

Siemens) of the rolling stock and 

signaling systems for the project. 

NVDOT and Brightline estimate that 

over 95 percent of the total direct dollar 

expenditures for the Project would be 

spent on domestically sourced products 

and labor, including 100 percent of the 

civil infrastructure costs. 

DATES: Comments must be received by 

January 25, 2024. 

ADDRESSES: Please submit all comments 

electronically to the Federal 

eRulemaking 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–2023–0099). Note 

that all submissions received, including 

any personal information provided, will 

be posted without change and will be 

available to the public on https://

www.regulations.gov. You may review 

DOT’s 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 

contact Ryan Arbuckle, Chief, Program 

Coordination and Strategy, Office of 

Railroad Development, FRA, telephone: 

(202) 617–0212, email: Ryan.Arbuckle@

dot.gov. For legal questions, please 

contact Faris Mohammed, AttorneyAdvisor, Office of the Chief Counsel, 

FRA, telephone: (202) 763–3230, email: 

Faris.Mohammed@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Project History and Background 

On December 7, 2022, FRA published 

a Notice of Funding Opportunity 

(NOFO) announcing application 

requirements and procedures to obtain 

grant funding under the FSP Program 

for projects not located on the Northeast 

Corridor for Fiscal Year 2022. The FSP 

Program provides a Federal funding 

opportunity to improve passenger rail 

service, including privately operated 

intercity passenger rail service if an 

eligible applicant is involved. On 

February 3, 2023, FRA published a 

notice adding funding and extending 

the application period for the FSP 

Program NOFO. On March 22, 2023, 

FRA published a notice (March Notice) 

inviting high-speed rail project sponsors 

to voluntarily submit, in advance of 

being selected to receive FRA funding, 

their domestic sourcing and workforce 

plans (DSWP) to demonstrate how they 

will maximize the use of domestic 

goods, products and materials, 

consistent with FRA’s Buy America 

requirements.1

NVDOT submitted an application for 

FSP Program funding expressing its 

intent to partner with Brightline West, 

a privately-owned railroad, to advance a 

high-speed passenger rail system 

between Las Vegas, NV and Rancho 

Cucamonga, CA (Project). Brightline 

West, under the supervision and 

oversight of NVDOT, would construct 

the Project, which would consist of a 

fully-grade separated high-speed train 

system largely within the I–15 right-ofway with stations in Rancho 

Cucamonga, Hesperia, and Victor 

Valley, CA, and Las Vegas, NV. 

Brightline West would then operate and 

maintain the system. 

Consistent with FRA’s March Notice, 

NVDOT and Brightline West submitted 

a DSWP,2 which included a request for 

a waiver of FRA’s Buy America 

requirements 3 for certain components 

of the high-speed rail system that the 

applicant indicated are not produced in 

the United States. FRA reviewed the 

DSWP, including the market research 

conducted by Brightline West and their 

consideration of qualifying alternate 

items, products, or materials. FRA 

selected the Project to receive 

$3,000,000,000 in funding under the 

FSP Program. 

This notice summarizes FRA’s Buy 

America requirements, NVDOT and 

Brightline West’s request for a waiver, 

and FRA’s proposed waiver decision. 

II. FRA’s Buy America Requirements 

and Policy 

Projects that receive funding under 

the FSP Program are subject to FRA’s 

Buy America requirements. FRA’s Buy 

America requirements include both: (i) 

FRA’s statutory requirements for steel, 

iron, and manufactured goods at 49 

U.S.C. 22905(a); and (ii) requirements 

under the Build America, Buy America 

Act (BABA) and guidance at 2 CFR 

184.6 for construction materials. 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, including the 

requirement that all construction 

materials used in the project must also 

be produced in the United States. Public 

Law 117–58, 70914(a); 2 CFR 184.6. 

FRA strictly enforces compliance with 

its Buy America requirements to ensure 

that FRA-funded projects maximize the 

use of materials produced in the United 

States. FRA expects grantees to work 

with suppliers to conduct thorough 

market research and adequately 

consider, where appropriate, qualifying 

alternate items, products, or materials. 


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89016 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 

4The non-domestic component lists may vary 

among suppliers depending on the specific 

manufacturing processes used and system design. 

In highly specialized systems, such has high-speed 

rail trainsets, components cannot be easily 

substituted without potential impacts to 

performance and safety. 

5Eurobalise and euroloops are components 

installed between the rails of a railway that are part 

of the European train control system used by 

Siemens. These components store infrastructure 

data (e.g., position reference, speed limits, line 

gradient, works on the line, etc) and can send this 

information to the train. 

Compliance with FRA’s Buy America 

requirement supports domestic industry 

and well-paying jobs. 

III. FRA’s Authority To Waive Buy 

America Requirements 

There are limited circumstances in 

which FRA can waive its Buy America 

requirements under section 22905(a) 

and BABA. FRA will grant a waiver 

request that is consistent with the 

statutory criteria for a waiver and where 

a project sponsor has adequately 

justified the need for a waiver. 

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 a 

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 will 

increase the cost of the overall project 

by more than 25 percent. 49 U.S.C. 

22905(a)(2); see also Public Law 117–58, 

70914(b)(prescribing similar statutory 

conditions for waivers); and 2 CFR 

184.7 (doing the same). 

If FRA determines a waiver is 

appropriate, FRA will provide notice 

and seek comment from the public in 

accordance with the requirements of 

both section 22905(a) and BABA, if 

applicable. In addition, FRA will 

consult with the National Institute of 

Standards and Technology’s 

Manufacturing Extension Partnership 

before granting a waiver, consistent with 

section 70916 of BABA. Unless 

otherwise specified, waiver decisions 

are non-precedential and are only 

applicable to the entities and 

components for the specific project 

identified in the final decision. 

IV. Summary of the Request for Waiver 

In response to FRA’s March Notice, 

NVDOT and Brightline West submitted 

a DSWP outlining the efforts Brightline 

West would take to ensure maximum 

use of available domestic materials in 

the project if NVDOT’s application is 

selected for funding under the FSP 

Program. In the DSWP, NVDOT and 

Brightline West explain that certain 

components intended to be used on the 

project are not produced in the United 

States and thus request a waiver of 

FRA’s Buy America requirements under 

section 22905(a) for these components. 

No construction materials covered 

under BABA are included in the waiver 

request. 

V. Summary of Components Requiring 

Waiver 

Brightline West sought to identify a 

domestic supplier for the rolling stock 

and signal system components of the 

Project. Brightline West received two 

responses to its Request for Interest, 

from Siemens and Alstom, who 

represented they could provide highspeed rail components that meet 

Brightline West’s specifications and 

applicable FRA safety requirements. 

However, both suppliers certified that 

certain non-domestic components 

would be required to meet the 

specifications, as those types of highspeed rail equipment are not produced 

in the United States. Brightline West 

consulted with each potential supplier 

so that their lists of non-domestic 

components would include only those 

components for which there is no 

available domestic option. 

Brightline West received responses 

from both Siemens and Alstom for the 

signal systems and both responses 

indicated a need for a waiver for certain 

components. Brightline West selected 

Siemens as the preferred vendor for the 

signal systems for the Project, and 

therefore the proposed waiver only 

describes the non-domestic components 

in Siemens’ proposal. 

For rolling stock, both Alstom and 

Siemens indicated that certain 

components that perform safety critical 

functions for the operation of the highspeed rail system would not be 

compliant with FRA’s Buy America 

requirements. At the time of this 

proposed waiver, Brightline West has 

not selected its preferred vendor for 

rolling stock. The non-domestic 

components identified by Brightline 

West that would require a waiver from 

FRA’s Buy America requirements are 

described in this section.4

a. Siemens Proposal—Non-Domestic 

Rolling Stock Components 

Siemens is proposing to introduce the 

next generation Velaro NOVO ElectricMultiple-Unit (EMU) for the Project. As 

this would be the first introduction of 

this technology into the United States, 

Siemens would plan for the first two 

trainsets to be manufactured and 

assembled in its German headquarters 

with American workers present to 

witness and learn in advance of 

commencing the manufacturing and 

assembly of the remaining eight 

trainsets at a new factory, which would 

be constructed in Nevada. Under the 

Siemens proposal, the following 

components would not be produced in 

the United States: 

• First Two Complete Trainsets 

• Car Shells for All 10 Trainsets (shell 

structure, frame, vehicle paintwork) 

b. Alstom Proposal—Non-Domestic 

Rolling Stock Components 

Alstom is proposing to adapt the 

Avelia technology planned for 

deployment on the NEC for use in the 

Project by increasing power capacity 

and traction to achieve the speed and 

performance capability required by 

Brightline West, and consistent with 

that achieved with its TGV trains in 

Europe. Manufacturing would take 

place at its existing facility in Hornell, 

New York, where all 10 trainsets would 

be built. For this procurement, the 

following components would not be 

produced in the United States: 

• Car Shells (shell structure, frame, 

vehicle paintwork) 

• Brake Control Units 

c. Non-Domestic Infrastructure 

Components 

Brightline West notes that the Project 

would also require the use of specialty 

high-speed rail turnouts to allow trains 

to smoothly diverge to a passing siding, 

which plays a key role in safety and 

stability of train operations. In addition, 

the Project would require fire alarm 

panels and devices for use in stations, 

garages, and maintenance facilities. 

Brightline West has researched known 

suppliers and was not able to identify a 

domestic manufacturer for the following 

components: 

• Eurobalises and Euroloops 5

• Counting Heads and Axle Counter 

Sensors 

• Truck Press (test stand) 

• Turnout Systems including Derailers 

• Fire Alarm Systems 

VI. Applicant’s Request for Waiver 

In their request for a waiver, NVDOT 

and Brightline West indicated that they 

believe a waiver is justified because no 

manufacturers exist in the United States 

that can produce the components 

described above, and that the use of 

these non-domestic components is 

necessary to ensure the safety and 

reliability of the high-speed rail system. 


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Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 89017 

6 In March 2023, thirteen rail unions representing 

more than 160,000 workers signed a Memorandum 

of Understanding with Brightline West, establishing 

a commitment for the use of highly skilled union 

labor required to operate and maintain the System. 

7See 49 CFR part 238. 

NVDOT’s and Brightline West’s 

DSWP further explains that over 95 

percent of the total direct dollar 

expenditures for the Project would be 

spent on domestically sourced products 

and labor, including 100 percent of the 

civil infrastructure costs. In addition, 

the Project is expected to support 

approximately 35,000 domestic jobs 

across the construction period and 

includes a project labor agreement 

(PLA). The operator has reached an 

agreement with rail labor which may 

result in ongoing operations and 

maintenance work being performed by 

union labor.6 The DSWP further 

explains efforts Brightline West would 

take to facilitate, where feasible, a ramp 

up in domestic production capabilities 

for the materials that are not currently 

produced in the United States on future 

high-speed rail projects in the United 

States. 

In the absence of a waiver, NVDOT 

and Brightline West argue that the 

Project could not be delivered within 

the planned schedule and budget 

because there is no domestic supplier 

for the components listed above. To 

ensure safety of the system, Brightline 

West expects to conform with FRA’s 

Passenger Equipment Safety Standards 

governing Tier III equipment,7 which 

allows for service-proven high-speed 

rail technologies from around the world 

(in this case Europe) to be introduced to 

the United States with minimal 

modification. 

For example, the high-speed rolling 

stock aluminum car shells are critical to 

the achievement of high speeds, due to 

aluminum’s strength and light weight, 

and it has taken decades of development 

in technology by highly specialized 

experts that can shape, mold, and weld 

these car shells to the required safety 

and quality standards, including 

crashworthiness. There is currently no 

available aluminum car shell 

manufacturer in the United States, and 

it would take years to establish a 

domestic, quality-controlled 

manufacturing capability. The relatively 

small size of the Project’s order (ten 

trainsets) is also not considered by the 

applicant to be sufficient to justify the 

significant capital investments required 

to initiate development of domestic 

production capacity for those products. 

In its request for a waiver, NVDOT 

and Brightline West explain how they 

conducted due diligence and performed 

thorough market research to adequately 

consider qualifying alternate items, 

products, or materials. Brightline West 

engaged with both Alstom and Siemens 

to determine the systems that could be 

manufactured domestically. These 

efforts included considering options for 

the establishment of either temporary or 

permanent manufacturing facilities, 

alternative manufacturing processes, 

and system design. In addition, 

Brightline West conducted market 

research to identify a domestic supplier 

for high-speed turnout and fire alarm 

components. However, Brightline West 

was unable to identify a domestic 

supplier for the rolling stock, signal 

systems, turnout, and fire alarm 

components. 

VII. Proposed Waiver 

Based on its review of the waiver 

request and DSWP, FRA proposes to 

waive its Buy America requirements for 

the following components for the 

Project: 

• The infrastructure components 

listed above in Section V(c); and the 

rolling stock components listed in 

either: 

Æ Section V(a), if Siemens is selected 

as the preferred supplier; or 

Æ Section V(b), if Alstom is selected 

as the preferred supplier. 

The proposed waiver would apply 

only to components listed above for use 

in the Project, as described in the grant 

agreement between FRA and NVDOT. 

FRA is not proposing to waive any 

requirements under BABA, as the 

proposed waiver does not apply to any 

construction materials used in the 

Project. The proposed waiver would not 

apply to other FRA grantees or to other 

grants that might be made to NVDOT or 

Brightline West for other projects 

(including any future phases related to 

the Project). 

VIII. Request for Comment 

FRA will consider comments received 

during the comment period, consistent 

with BABA and 2 CFR 184.7. FRA may 

consider comments received after this 

period to the extent practicable. 

Consistent with 49 U.S.C. 22905(a)(4), 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 of time not to exceed 

15 days. After such period, FRA’s 

decision will be effective. 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2023–28424 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2023–0002–N–36] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995 (PRA) and its 

implementing regulations, FRA seeks 

approval of the Information Collection 

Request (ICR) summarized below. 

Before submitting this ICR to the Office 

of Management and Budget (OMB) for 

approval, FRA is soliciting public 

comment on specific aspects of the 

activities identified in the ICR. 

DATES: Interested persons are invited to 

submit comments on or before February 

9, 2024. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2023– 

0002. All comments received will be 

posted without change to the docket, 

including any personal information 

provided. Please refer to the assigned 

OMB control number (2130–0533) in 

any correspondence submitted. FRA 

will summarize comments received in a 

subsequent 30-day notice and include 

them in its information collection 

submission to OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Arlette Mussington, Information 

Collection Clearance Officer, at email: 

arlette.mussington@dot.gov or 

telephone: (571) 609–1285, or Ms. 

Joanne Swafford, Information Collection 

Clearance Officer, at email: joanne.

swafford@dot.gov or telephone: (757) 

897–9908. 

SUPPLEMENTARY INFORMATION: The PRA, 

44 U.S.C. 3501–3520, and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to 

provide 60 days’ notice to the public to 

allow comment on information 

collection activities before seeking OMB 

approval of the activities. See 44 U.S.C. 

3506, 3507; 5 CFR 1320.8 through 

1320.12. Specifically, FRA invites 

interested parties to comment on the 

following ICR regarding: (1) whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

activities will have practical utility; (2) 

the accuracy of FRA’s estimates of the 


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