Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 97703 

1As described in more detail below, after the 

enactment of the Infrastructure Investment and Jobs 

Act in 2021 (Pub. L. 117–58), Buy America 

requirements now include domestic construction 

material requirements. 2Eligible TOD projects can take many forms, 

including joint development; public infrastructure; 

and economic development, including commercial 

and residential development. One of the key 

parameters of the programs, among others, is that 

TOD projects must be within walking distance of 

a qualifying transit or passenger rail station. See 

https://www.transportation.gov/buildamerica/TOD. 

a reason for issuance, drivers may now 

be allowed to operate in environments 

for which they may not be qualified.’’ 

AWM Associates, LLC stated, ‘‘FMCSA 

should not be interfering with state laws 

regarding transfer of CDLs.’’ 

Dennis Murphy made the following 

suggestion: ‘‘3 North LLC could 

accomplish its goals of having 18–20- 

year-old CDL holders operate in another 

State by enrolling in the Safe Driver 

Apprenticeship Program without 

requiring any exemptions. This would 

ensure that the 18–20-year-old CDL 

holders who are operating in another 

State than they hold a license in are 

held to the same standards as any other 

18–20-year-old CDL holder who wishes 

to operate in a different state than they 

hold a license in.’’ CL, an individual, 

stated, ‘‘If an exemption is granted, the 

exempted individuals should be 

required to obtain a medical certificate. 

This exemption must be tied to the three 

(3) individuals and should not be 

transferable once those individuals turn 

21.’’ 

V. FMCSA Safety Analysis and 

Decision 

FMCSA evaluated 3 North LLC’s 

application and the public comments 

and denies the exemption request. 

Based on the information provided by 

the applicant and commenters, the 

Agency is unable to determine that the 

applicant would likely achieve a level of 

safety equivalent to, or greater than, the 

level obtained by complying with the 

regulation. FMCSA agrees with AAMVA 

that allowing drivers with a ‘‘K’’ 

restriction to operate in States other 

than their State of domicile could 

disrupt and confuse each State’s use of 

the ‘‘K’’ restriction and could allow 

drivers to operate in environments for 

which they may not be qualified. 

Accordingly, the Agency would need 

persuasive evidence that such 

operations would likely achieve an 

equivalent level of safety before 

interfering with the ‘‘K’’ restriction. 

Furthermore, FMCSA agrees that the 

more appropriate path for motor carriers 

interested in using individuals under 

the age of 21 is the Agency’s Safe Driver 

Apprenticeship Program (https://

www.fmcsa.dot.gov/sdap). 

For the reasons stated above, 3 North 

LLC’s exemption application is denied. 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2024–28850 Filed 12–6–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No.: DOT–OST–2024–0130] 

Public Interest Waiver of the 

Application of Certain Domestic 

Preference Requirements and Policies 

for Transit-Oriented Development 

Housing Projects 

ACTION: Notice; request for comment. 

SUMMARY: In order to expeditiously 

deliver projects and provide meaningful 

infrastructure results while ensuring the 

appropriate application of domestic 

content standards, the U.S. Department 

of Transportation (DOT) is proposing a 

waiver of the domestic preference 

requirements to transit-oriented 

development (TOD) projects that receive 

credit assistance through the Build 

America Bureau (the Bureau) under the 

Transportation Infrastructure Finance 

and Innovation Act (TIFIA) and 

Railroad Rehabilitation and 

Improvement Financing (RRIF) credit 

programs. 

DATES: Comments must be received by 

December 24, 2024. 

ADDRESSES: Comments on this notice 

may be submitted to the U.S. 

Government electronic docket site at 

https://www.regulations.gov, Docket: 

DOT–OST–2024–0130. 

Note: All submissions received, including 

any personal information therein, will be 

posted without change or alteration to 

https://www.regulations.gov. For more 

information, you may review DOT’s complete 

Privacy Act Statement published in the 

Federal Register on April 11, 2000 (65 FR 

19477). 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Duane Callender, US 

Department of Transportation, Build 

America Bureau, at 202–366–2300 or 

Duane.Callender@dot.gov. For legal 

questions, please contact, Jessica 

Pettrone, DOT Office of the General 

Counsel, at 202–366–8560 or 

jessica.pettrone@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

DOT has a longstanding policy of 

requiring all projects, including TOD 

projects, receiving TIFIA and RRIF 

credit assistance to comply with 

domestic steel, iron, and manufactured 

products content requirements, 

collectively known as ‘‘Buy America’’ 

requirements,1 even where not covered 

by a specific Buy America statute. DOT 

has consistently required for-profit 

borrowers to comply with Buy America 

requirements on projects receiving 

credit assistance since TIFIA’s inception 

in 1998 and since 2010 for RRIF, 

whether or not appropriated funds were 

used for the cost of the credit assistance. 

Accordingly, because Buy America is 

applied to all projects receiving TIFIA 

or RRIF credit assistance, DOT, in an 

effort to ensure transparency and 

maintain consistency in the application 

of Buy America standards for all 

recipients (one rule for all projects and 

borrowers), proposes to apply this 

waiver to both projects with for-profit 

borrowers that do not use any 

appropriated funds for the cost of the 

loan, to which Buy America 

requirements are applied as a matter of 

policy, as well as to projects with nonFederal entity borrowers (whether or not 

such loans use appropriated funds), to 

which Buy America requirements apply 

as a matter of law. DOT proposes a 

waiver of the Buy America 

manufactured products requirement for 

TIFIA and RRIF TOD projects that 

include any housing elements (TOD 

Housing Projects) and that enter into 

creditworthiness review on or before 

December 31, 2025. 

On November 15, 2021, President 

Biden signed the Bipartisan 

Infrastructure Law (BIL), enacted as the 

Infrastructure Investment and Jobs Act 

(IIJA). Public Law 117–58. BIL 

reauthorized Federal surface 

transportation programs and invested 

billions in transformational projects that 

are creating good-paying jobs, growing 

the economy, and making our 

transportation system safer and more 

resilient. TOD projects are eligible for 

both TIFIA (23 U.S.C. 601(a)(12)(E)) and 

RRIF (49 U.S.C. 22402(b)(1)(F)) 

financing, subject to all other eligibility 

criteria, and compliance with all 

applicable Federal requirements and 

creditworthiness standards.2

Transportation and land use reforms 

are central strategies to achieving many 

of the Biden-Harris administration 

goals, including reaching net-zero 

greenhouse gas emissions by 2050; 

addressing the housing supply and 

affordability crises throughout the 

country; and advancing equity, fair 


ddrumheller on DSK120RN23PROD with NOTICES1
97704 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 

3https://www.whitehouse.gov/briefing-room/ 

statements-releases/2022/05/16/president-bidenannounces-new-actions-to-ease-the-burden-ofhousing-costs/. 

4https://www.transportation.gov/buildamerica/ 

TOD. 

5https://www.transportation.gov/buildamerica/ 

sites/buildamerica.dot.gov/files/2023-10/ 

TOD%20Policy%20Statement.pdf 

6https://www.transportation.gov/buildamerica/ 

TIFIA49. 

7https://www.transportation.gov/buildamerica/ 

about/resources-mode/interactive-map-tifia-andrrif-tod-eligibility. 

8See OMB Memorandum M–22–11 Initial 

Implementation Guidance on Application of Buy 

America Preference in Federal Financial Assistance 

Programs for Infrastructure (April 18, 2022), p. 2 

(‘‘for-profit organizations are not considered nonFederal entities’’); OMB Memorandum M–24–02 

Implementation Guidance on Application of Buy 

America Preference in Federal Financial Assistance 

Programs for Infrastructure (October 25, 2023), p. 4 

(restating the guidance on for-profit entities from 

M–22–11); and 88 FR 57750, 57774 (October 23, 

2023) (‘‘Thus—although OMB does not require 

them to do so—Federal agencies are allowed, under 

the existing structure of part 200, to apply part 200, 

including the domestic preferences at § 200.322, to 

for-profit entities’’). 

9As noted above, after the enactment of BABA, 

Buy America requirements now include domestic 

construction material requirements per BIL 

sec. 70914(a). 

10https://www.transportation.gov/buildamerica/ 

about/resources-mode/tod-project-federalrequirements-guidance. 

housing, and environmental justice.3

Providing long-term, low-interest direct 

loans through the TIFIA and RRIF credit 

programs to TOD projects is one of the 

primary tools available to DOT to help 

achieve this mission. 

Over the last three years, DOT has 

taken several concrete steps to date to 

facilitate TOD financing under the 

TIFIA and RRIF credit programs. DOT 

has published TOD guidance 4 and a 

policy statement 5 and authorized TOD 

projects’ eligibility to borrow up to the 

maximum allowed under TIFIA to 

promote the creation of more walkable, 

mixed-use spaces near transit that 

support vibrant, sustainable, and 

equitable communities.6 Additionally, 

the Bureau has worked on outreach to 

developers and created several tools 

including the TOD Eligibility Map 7 and 

has conducted webinars to help educate 

potential borrowers about the 

opportunities and requirements of the 

programs. 

The BIL also includes the Build 

America, Buy America Act (BABA) at 

div. G, sec. 70901–52. BABA greatly 

strengthens Made in America standards 

by expanding the coverage and 

application of Buy America preferences 

in Federal financial assistance programs 

for infrastructure. The Act requires that 

the head of each covered Federal agency 

shall ensure that ‘‘none of the funds 

made available for a Federal financial 

assistance program for infrastructure 

. . . may be obligated for a project 

unless all of the iron, steel, 

manufactured products, and 

construction materials used in the 

project are produced in the United 

States.’’ BIL sec. 70914(a). 

BABA applies to Federal financial 

assistance, which term includes ‘‘all 

expenditures by a Federal agency to a 

non-Federal entity for an infrastructure 

project.’’ BIL sec. 70912(4)(B). ‘‘NonFederal entity,’’ as defined in 2 CFR 

200.1, does not include for-profit 

entities. Therefore, BABA by its terms 

does not apply to Federal financial 

assistance to for-profit entities.8

However, in accordance with the Office 

of Management and Budget (OMB)’s 

Guidance Memorandum M–24–02, 

Guidance on Application of Buy 

America Preference in Federal Financial 

Assistance Programs for Infrastructure, 

Federal agencies may consider applying 

domestic preference requirements to forprofit entities, consistent with their 

legal authorities. DOT has a 

longstanding policy of requiring all 

projects, including TOD projects, 

receiving TIFIA or RRIF credit 

assistance to comply with domestic 

steel, iron, and manufactured products 

content requirements, collectively 

known as ‘‘Buy America’’ 

requirements,9 even where not covered 

by a specific Buy America statute, 

including chapter 83 of title 41, United 

States Code (Buy American), because no 

appropriated funds are used for the cost 

of the loan. DOT has consistently 

required for-profit borrowers to comply 

with Buy America requirements on 

projects receiving credit assistance since 

TIFIA’s inception in 1998 and since 

2010 for RRIF, whether or not 

appropriated funds were used for the 

cost of the credit assistance. 

Accordingly, because Buy America is 

applied to all projects receiving TIFIA 

or RRIF credit assistance, DOT, in an 

effort to ensure transparency and 

maintain consistency in the application 

of Buy America standards for all 

recipients (one rule for all projects and 

borrowers), will apply this waiver to 

both projects with for-profit borrowers 

that do not use any appropriated funds 

for the cost of the loan, to which Buy 

America requirements are applied as a 

matter of policy, as well as to projects 

with non-Federal entity borrowers 

(whether or not such loans use 

appropriated funds), to which Buy 

America requirements apply as a matter 

of law. DOT is proposing a waiver of the 

Buy America manufactured products 

requirement for TOD Housing Projects 

that enter into creditworthiness review 

on or before December 31, 2025. 

TOD projects are a class of eligible 

capital projects under the TIFIA and 

RRIF credit programs administered by 

the Bureau. The Bureau recently 

provided guidance on Federal 

requirements for TOD projects receiving 

TIFIA or RRIF credit assistance.10

Pursuant to that guidance, the Bureau 

reiterated the DOT’s longstanding policy 

of requiring all projects, including TOD 

projects, receiving TIFIA and RRIF 

credit assistance to comply with 

domestic steel, iron, and manufactured 

products content requirements, 

collectively known as ‘‘Buy America’’ 

requirements, even where not covered 

by a specific Buy America statute, 

including Buy American requirements 

because no appropriated funds are used 

for the cost of the loan. 

Waiver 

DOT is proposing to issue a public 

interest waiver of the Buy America 

requirements for manufactured products 

that apply to Bureau-financed TOD 

Housing Projects that enter into 

creditworthiness review on or before 

December 31, 2025. For these projects, 

DOT would continue to apply domestic 

steel, iron, and construction materials 

content requirements. 

To ensure transparency and maintain 

consistency in the application of Buy 

America standards for all recipients 

(one rule for all projects and borrowers), 

this waiver will apply to both TOD 

Housing Projects with for-profit 

borrowers and those with non-Federal 

entity borrowers. 

To continue to support the goals of 

Buy America policies, DOT will work 

closely with TOD Housing Project 

borrowers to better understand and 

document the sources of materials and 

products used in such projects. This 

research will assist DOT in refining its 

domestic preference requirements 

policy for TOD projects entering enter 

the Bureau’s creditworthiness review 

phase after January 1, 2026, and to 

further support both the delivery of 

housing and domestic manufacturing. 

Under OMB Memorandum M–24–02, 

agencies are expected to assess 

‘‘whether a significant portion of any 

cost advantage of a foreign-sourced 

product is the result of the use of 

dumped steel, iron, or manufactured 

products or the use of injuriously 

subsidized steel, iron, or manufactured 

products’’ as appropriate before granting 

a public interest waiver. DOT’s analysis 

has concluded that this assessment is 

not applicable to this waiver. 

DOT will consider all comments 

received in the initial 15-day comment 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 97705 

period during our consideration of the 

proposed waiver. Comments received 

after this period, but before notice of our 

finding is published in the Federal 

Register, will be considered to the 

extent practicable. 

Issued in Washington, DC. 

Polly E. Trottenberg, 

Deputy Secretary. 

[FR Doc. 2024–28820 Filed 12–6–24; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Notice of Information Collection and 

Request for Public Comment 

ACTION: Notice and request for public 

comment. 

SUMMARY: The U.S. Department of the 

Treasury, as part of a continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act (PRA) of 

1995. Currently, the Community 

Development Financial Institutions 

Fund (CDFI Fund), U.S. Department of 

the Treasury, is soliciting comments 

concerning information collections 

utilized by the CDFI Bond Guarantee 

Program (BG Program). Information on 

the BG Program can be found on the 

CDFI Fund’s website at https://

www.cdfifund.gov/programs-training/ 

programs/cdfi-bond. 

DATES: Written comments must be 

received on or before February 7, 2025 

to be assured of consideration. 

ADDRESSES: You may submit comments 

concerning the BG Program information 

collections via the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions on the website for the 

submission of comments. In general, all 

comments will be available for 

inspection at www.regulations.gov. 

Comments, including attachments and 

other supporting materials, are part of 

the public record. Do not submit any 

information in your comments or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 

FOR FURTHER INFORMATION CONTACT: 

Susan Suckfiel, BG Program Manager, 

CDFI Fund, U.S. Department of the 

Treasury, 1500 Pennsylvania Avenue 

NW, Washington DC 20220, (202) 653– 

0421 (not a toll-free number) or by email 

to bgp@cdfi.treas.gov. Information 

regarding the CDFI Fund and its 

programs may be obtained through the 

CDFI Fund’s website at http://

www.cdfifund.gov. 

SUPPLEMENTARY INFORMATION: 

Titles: BG Program Information 

Collections—(1) Qualified Issuer 

Application, (2) Guarantee Application, 

(3) Secondary Loan Requirements 

Certification, (4) Financial Condition 

Monitoring Report, (5) Pledged Loan 

Monitoring Report, (6) Tertiary Loan 

Monitoring Report, (7) Annual 

Assessment Report, and (8) Secondary 

Loan Commitment Form. 

OMB Number: 1559–0044. 

Abstract: The purpose of the 

Community Development Financial 

Institutions (CDFI) Bond Guarantee 

Program (BG Program) is to support 

CDFI lending by providing Guarantees 

for Bonds issued by Qualified Issuers as 

part of a Bond Issue for Eligible 

Community or Economic Development 

Purposes. The BG Program provides 

CDFIs with a source of long-term capital 

and further the mission of the CDFI 

Fund to increase economic opportunity 

and promote community development 

investments for underserved 

populations and distressed communities 

in the United States. The CDFI Fund 

achieves its mission by promoting 

access to capital and local economic 

growth by investing in, supporting, and 

training Community Development 

Financial Institutions (CDFIs). The 

operation of the BG Program is 

supported by the collection of 

information across various forms, 

collectively the BG Program Information 

Collections: (1) Qualified Issuer 

Application, (2) Guarantee Application, 

(3) Secondary Loan Requirements 

Certification, (4) Financial Condition 

Monitoring Report, (5) Pledged Loan 

Monitoring Report, (6) Tertiary Loan 

Monitoring Report, (7) Annual 

Assessment Report, and (8) Secondary 

Loan Commitment Form. There are no 

significant content changes to the forms; 

however, minor, non-substantive 

changes may have been made to certain 

forms in order to improve the clarity 

and/or accuracy of the data collections. 

Copies of the forms constituting the 

BG Program Information Collection may 

be found on the CDFI Fund’s website at 

https://www.cdfifund.gov. 

Current Actions: Extension without 

change of currently approved collection. 

Type of Review: Regular. 

Affected Public: Approved Eligible 

CDFIs and Qualified Issuers (QI). 

TABLE 1—ALL FORMS—ESTIMATED REPORTING BURDEN

Form Number of 

respondents 

Number of 

responses per 

respondent 

Number of 

annual 

responses 

Hours per 

response 

Number of 

hours 

annually 

Bond Guarantee Program Application Materials (Qualified Issuer Application and Guarantee Application) ................................................. 20 1 20 80 1,600 

Financial Condition Monitoring (FCM) Report ....................................... 40 4 160 1.5 240 

Pledged Loan Monitoring (PLM) Report ................................................ 40 12 480 1.5 720 

Tertiary Loan Monitoring (TLM) Report ................................................. 15 12 180 1.5 270 

Annual Assessment ............................................................................... 40 1 40 2 80 

Secondary Loan Commitment Form and Certification Form ................. 40 1 40 3 120 

Total ................................................................................................ .................... ........................ 920 .................. 3,030 

Request for Comments: Comments 

submitted in response to this Notice 

will be summarized and/or included in 

the request for Office of Management 

and Budget approval. Comments 

concerning the BG Program Information 

Collection are invited on: (a) whether 

the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; (d) 

ways to minimize the burden of the 

collection of information on 


ddrumheller on DSK120RN23PROD with NOTICES1