Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 91481 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[FRA–2024–0122] 

Notice of Proposed Nonavailability 

Waiver for the Alabama State Port 

Authority To Purchase Two RubberTired Gantry Cranes 

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 

Alabama State Port Authority (ASPA) 

for two rubber-tired gantry cranes, 

which are not produced in the United 

States, for use in the Rail Expansion, 

Rehabilitation, and Modernization 

Project—Montgomery Intermodal 

Container Transfer Facility (Project). 

The Project received funds under the 

Fiscal Year 2022 Consolidated Rail 

Infrastructure and Safety Improvements 

(CRISI) program; therefore, FRA’s Buy 

America requirements apply to the 

Project. The proposed waiver would 

apply to two rubber-tired gantry cranes 

based on the domestic nonavailability of 

the cranes. The proposed waiver would 

not apply to any construction materials, 

and therefore, FRA is not waiving any 

applicable requirements under the Build 

America, Buy America Act (BABA). 

DATES: Comments must be received by 

December 4, 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–2024–0122. 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 Shreyas Bhatnagar, Regional 

Supervisor, Office of Regional Outreach 

& Project Delivery—Southcentral 

Region, Office of Railroad Development, 

FRA, telephone: (202) 617–0212, email 

Shreyas.Bhatnagar@dot.gov. For legal 

questions, please contact Thomas Lis, 

Attorney-Advisor, Office of the Chief 

Counsel, FRA, telephone: (847) 921– 

7344, email Thomas.Lis@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Project History and Background 

On March 15, 2022, ASPA received 

$67,300,000 for the Project as directed 

by H.R. 2471, div. L, section 417, Joint 

Explanatory Statement, page 132, under 

FRA’s CRISI program. The Project is a 

planned intermodal container transfer 

facility located adjacent to the main 

CSX rail line between Montgomery and 

Mobile, Alabama. The Project will 

consist of an approximately 15,000-foot 

side-track, two 3,500-foot process tracks, 

and one 3,500-foot support track located 

under two rubber-tired gantry cranes, a 

container storage yard, and associated 

buildings and features required to 

support the operation. The Project will 

provide an alternate shipping option for 

existing businesses between the Port of 

Mobile and central Alabama, reduce 

container storage congestion at the port, 

and decrease truck traffic on Interstate 

65. On June 27, 2023, ASPA requested 

a waiver of FRA’s Buy America 

requirements for two rubber-tired gantry 

cranes, which ASPA determined are 

necessary for the Project. Following its 

initial request, ASPA further advanced 

its procurement process. ASPA revised 

its request on March 6, 2024, which 

included additional information from 

ASPA’s procurement process. 

This notice summarizes FRA’s Buy 

America requirements, ASPA’s request 

for a waiver, and FRA’s proposed 

waiver. 

II. FRA’s Buy America Requirements 

and Policy 

Projects that receive funding under 

FRA’s CRISI 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 

BABA and related 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). The FRA requirements 

are more restrictive than what is 

required under BABA. In addition, FRAfunded 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. Pub. L. 117–58, 70914(a); 

2 CFR 184.6. 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 any 

construction materials used in the 

Project. 

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 recipients to work 

with suppliers to conduct thorough 

market research and adequately 

consider, where appropriate, qualifying 

alternate items, products, or materials. 

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, 

sec. 70914(b) (prescribing similar 

statutory conditions for waivers); and 2 

CFR 184.7 (doing the same). 

Specifically, when determining 

whether 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 pursuant to 49 

U.S.C. 22905(a)(2)(B), FRA considers 

whether the recipient has used 

appropriate due diligence, such as 

market research or by soliciting 

proposals through an open procurement 

process, to identify domestic products 

or domestically available alternative 

products that meet the recipient’s 

specifications. A comparable product 

that performs a similar function is not 

necessarily a domestic alternative; the 

product must also meet the recipient’s 

specific requirements. FRA’s statutory 

requirements do not require recipients 

to change product specifications in 

order to utilize domestic products that 


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91482 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 

do not meet the recipient’s original 

specifications. If there are no 

domestically produced products that 

also meet the recipient’s specifications, 

and the recipient has exercised 

appropriate diligence, FRA may waive 

its Buy America requirements based on 

nonavailability, consistent with 49 

U.S.C. 22905(a)(2)(B). 

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 products 

for the specific project identified in the 

final decision. 

IV. Summary of Products Requiring 

Waiver 

ASPA requests a waiver for two (2) 

rubber-tired gantry cranes, including 

spreaders. The total value of the noncompliant materials is 7–8 percent of 

the total project cost. 

V. ASPA’s Request for Waiver 

In its request for a waiver, ASPA 

described its efforts to identify domestic 

sources and consider the use of 

alternative products. ASPA conducted a 

market research study to determine the 

availability of rubber-tired gantry cranes 

from domestic manufacturers and to get 

ahead of long-lead times in 

manufacturing. The study found one 

U.S.-based manufacturer who had made 

similar products; however, this 

manufacturer had not made a product 

that met the technical specifications 

ASPA developed for the Project. ASPA 

issued a request for proposals (RFP) in 

late 2023 based on its technical 

specifications. ASPA contacted six 

manufacturers, including the sole U.S.- 

based manufacturer identified in 

ASPA’s market research. Of the six 

manufacturers contacted, five 

acknowledged receipt, and three 

submitted proposals. However, only 

non-domestic manufacturers whose 

products would not be complaint with 

Buy America requirements submitted 

proposals; the sole U.S.-based 

manufacturer declined to submit a 

proposal, with no reasons given in their 

email response. 

Upon receipt and confirmation of the 

three responsive bids, ASPA conducted 

an evaluation of bids using price, 

performance, compliance with ASPA’s 

technical specifications, references and 

quality track record of similar 

equipment delivered and operating in 

the U.S., schedule, geographic location 

of parts and service, alternatives offered 

and substitutions, and warranties. ASPA 

used a point system to evaluate and 

rank the proposals. Based on its review, 

ASPA has selected a preferred 

manufacturer for the crane, which 

ASPA indicated will be assembled 

domestically, but will not be 

manufactured in the US. FRA was not 

involved in ASPA’s procurement 

process. FRA’s role is limited to 

reviewing ASPA’s request for a waiver, 

consistent with 49 U.S.C. 22905(a)(2). 

Due to the lack of responsive bids 

from domestic manufacturers and based 

on its market research, ASPA has 

concluded that cranes that meet FRA’s 

Buy America requirements are not 

domestically available. In the absence of 

a waiver, ASPA asserts that it would not 

be able to deliver the Project, as planned 

operations are not possible without two 

rubber-tired gantry cranes meeting 

ASPA’s technical specifications. 

VI. Findings and Proposed Waiver 

FRA has preliminarily determined 

that the two rubber-tired gantry cranes, 

including spreaders, that meet ASPA’s 

technical specifications are not 

produced in the United States in a 

sufficient and reasonably available 

amount or satisfactory quality, 

consistent with 49 U.S.C. 22905(a)(2)(B). 

FRA finds ASPA has conducted 

appropriate due diligence through 

market research and an open 

procurement process to identify 

potential domestic suppliers for the 

products. ASPA’s efforts included a 

market research study that identified 

one potential supplier that ultimately 

did not respond to ASPA’s RFP for the 

Project. Based on its review of the 

waiver request and ASPA’s market 

research, FRA proposes to waive its Buy 

America requirements for the products 

listed in section IV of this notice. FRA 

is not proposing to waive any 

requirements under BABA, as the 

proposed waiver does not apply to 

construction materials used in the 

Project. 

The proposed waiver would apply 

only to products listed above for use in 

the Project, as described in the grant 

agreement between FRA and ASPA. The 

proposed waiver would not apply to 

other FRA recipients or to other grants 

that might be made to ASPA for other 

projects. The proposed waiver will 

expire upon the end of the period of 

performance and closeout of the grant 

agreement for the project, estimated to 

be April 30, 2028. 

VII. Request for Comment 

FRA will consider comments received 

during the 15-day 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. 2024–26877 Filed 11–18–24; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Notice of Meeting of the Transit 

Advisory Committee for Safety 

AGENCY: Federal Transit Administration, 

Department of Transportation. 

ACTION: Notice of public meeting. 

SUMMARY: The Federal Transit 

Administration (FTA) announces a 

public meeting of the Transit Advisory 

Committee for Safety (TRACS). 

DATES: The TRACS meeting will be held 

on December 4, 2024, from 10 a.m. to 

4:30 p.m. Eastern Time and December 5, 

2024, from 9 a.m. to 2 p.m. eastern time. 

Requests to attend the meeting in person 

or virtually must be received no later 

than November 29, 2024. Requests for 

disability accommodations must be 

received no later than November 29, 

2024. Requests to verbally address the 

committee during the meeting must be 

submitted with a written copy of the 

remarks to the U.S. Department of 

Transportation (DOT) no later than 

November 29, 2024. Requests to submit 

written materials to be reviewed during 

the meeting must be received no later 

than November 29, 2024. 

ADDRESSES: The meeting will be held in 

person at DOT Headquarters, 1200 New 

Jersey Avenue SE, Washington, District 

of Columbia, 20590 and virtually via 

Zoom for Government. Any committee 

related requests should be sent by email 

to TRACS@dot.gov. The virtual 

meeting’s online access link and a 

detailed agenda will be provided upon 

registration. They will also be posted on 

the TRACS web page at: https://

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