Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Notices 2777 

ground floor of the DOT West Building, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, between 9 

a.m. and 5 p.m., ET Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from Federal Motor Carrier 

Safety Regulations (FMCSRs). FMCSA 

must publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including the applicant’s safety 

analysis. The Agency must provide an 

opportunity for public comment on the 

request. 

The Agency reviews safety analyses 

and public comments submitted and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305(a)). 

The Agency must publish its decision in 

the Federal Register (49 CFR 

381.315(b)). If granted, the notice will 

identify the regulatory provision from 

which the applicant will be exempt, the 

effective period, and all terms and 

conditions of the exemption (49 CFR 

381.315(c)(1)). If the exemption is 

denied, the notice will explain the 

reason for the denial (49 CFR 

381.315(c)(2)). The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Applicant’s Request 

International has applied for a 5-year 

exemption from 49 CFR 383.23 for three 

drivers: Johan Astrom, Kristoffer 

Lindve, and Martin Uppman, who work 

for an entity called Scania. Scania and 

International are subsidiaries of a parent 

company called TRATON SE and are 

partnering in developing International’s 

technology advancements. Under 49 

CFR 383.23, drivers are required to have 

a CDL issued by a State when operating 

CMVs in interstate or intrastate 

commerce. International requests the 

exemption because these three drivers 

are not residents of a U.S. State, and 

therefore cannot meet the residency 

requirement for a CDL. They are eligible 

for non-domiciled CDLs only. These 

drivers hold valid Swedish commercial 

licenses. 

The requested exemption would 

allow these three drivers to operate 

International’s vehicles in interstate 

commerce to support International’s 

development of its advanced 

transmission control system. As critical 

technical members of the development 

team, the drivers will need to 

participate in ‘‘real world’’ vehicle tests 

on U.S. roads prior to going to market. 

If granted, the drivers will participate in 

test driving events from International’s 

Lisle, Illinois and Denver, Colorado 

facilities. 

Applicant’s Equivalent Level of Safety 

International believes that granting 

the exemption would have no impact on 

safety on U.S. roadways. Per the 

applicant, the drivers will drive for no 

more than 8 hours per day for 2 

consecutive days. Driving will take 

place on 2-lane State highways and 

interstate highways. Drivers will drive 

no more than 300 miles per day, and in 

all cases the drivers will be 

accompanied by a holder of a CDL 

issued by a State who is familiar with 

the routes to be traveled. 

International explains in its 

exemption request that the requirements 

for a Swedish commercial license 

ensure that the drivers would likely 

achieve a level of safety equivalent to, 

or greater that, the level that would be 

achieved by the current regulation. 

A copy of International’s application 

for exemption for these drivers is 

available in the docket for this notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

International’s application for an 

exemption from 49 CFR 383.23. All 

comments received before the close of 

business on the comment closing date 

indicated at the beginning of this notice 

will be considered and will be available 

for examination in the docket at the 

location listed under the ADDRESSES

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2025–00440 Filed 1–10–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[FRA–2025–0017] 

Notice of Proposed Waiver of Buy 

America Requirements for Tier 0, Tier 

1, and Non-Tiered Locomotives 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice; request for comments. 

SUMMARY: The Federal Railroad 

Administration (FRA) is seeking 

comments on whether to grant a general 

applicability public interest waiver of 

its Buy America requirements for the 

purchase of used locomotives that 

would serve as the underframe or 

chassis to convert them to all-electric, 

renewable diesel, battery-powered, or 

other renewable-energy locomotives. 

Such projects would remove highly 

polluting locomotives from the national 

rail network and replace them with 

more efficient locomotives that will 

reduce overall emissions, address 

environmental burdens on 

communities, and create domestic jobs. 

Purchases of these locomotives under 

FRA-funded projects are subject to 

FRA’s Buy America requirements. 

However, given the age of these used 

locomotives, it is difficult and may not 

be possible to verify whether they are 

fully compliant with FRA’s Buy 

America requirements. In this general 

applicability waiver, FRA does not 

propose to waive the applicable Build 

America, Buy America Act (BABA) 

requirements. This proposed waiver 

would not apply to any other 

manufactured products, steel, iron, or 

construction materials. 

DATES: Comments must be received by 

January 28, 2025. 

ADDRESSES: Please submit all comments 

electronically to the federal rulemaking 

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–2025–0017). Note 

that all submissions received, including 

any personal information provided, will 

be posted without change and will be 

available to the public at https://

www.regulations.gov. You may review 

the U.S. Department of Transportation’s 

(DOT) 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 


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2778 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Notices 

1See Notice of Funding Opportunity for the FY 

2023–2024 Consolidated Rail Infrastructure and 

Safety Improvements Grant Program, 89 FR 22206 

(March 29, 2024). 

contact Shreyas Bhatnagar, Regional 

Supervisor, Office of Regional Outreach 

& Project Delivery—South Central 

Region, Office of Railroad Development, 

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

Shreyas.Bhatnagar@dot.gov. For legal 

questions, please contact Faris 

Mohammed, Attorney-Advisor, Office of 

the Chief Counsel, FRA; telephone: 

(202) 763–3230; email: 

Faris.Mohammed@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Stakeholders have expressed concerns 

to FRA regarding the applicability of 

FRA’s Buy America requirements on 

used locomotives that are purchased for 

an FRA-funded project and rehabilitated 

or remanufactured to meet higher 

emission standards. The U.S. 

Environmental Protection Agency (EPA) 

sets emissions standards for line haul 

and switch locomotives under different 

tiers, each of which corresponds to 

when the locomotive engine was 

originally manufactured, as follows: 

• Tier 0 includes locomotive engines 

from 1973–1992 (line haul) and 1973– 

2001 (switch), 

• Tier 1 includes locomotive engines 

from 1993–2004 (line haul) and 2002– 

2004 (switch), 

• Tier 2 includes locomotive engines 

from 2005–2011 (line haul) and 2005– 

2010 (switch), 

• Tier 3 includes locomotive engines 

from 2012–2014 (line haul) and 2011– 

2014 (switch), and 

• Tier 4 includes locomotive engines 

from 2015 or later (line haul and 

switch). 

Locomotives produced before 1973 

are classified as non-tiered. 

Tier 0 and Tier 1 locomotives have 

been in operation in the United States 

for decades, and many of them are still 

operating on the national rail network. 

Locomotive manufacturers may 

purchase these old non-tiered, Tier 0, 

and Tier 1 locomotives, remove the 

diesel engine, and replace the engine 

with an alternative power source, such 

as an electric motor and battery, which 

can result in a more efficient, higher-tier 

locomotive. 

The Infrastructure Investment and 

Jobs Act (IIJA), also known as the 

Bipartisan Infrastructure Law, created 

historic federal investment 

opportunities in domestic 

infrastructure, clean energy 

manufacturing, and electric vehicles 

and batteries that have grown clean 

energy jobs across the country. 

Although rail transportation is generally 

considered a more efficient mode of 

transportation, older locomotives are 

less efficient than newer, higher-tiered 

locomotives. 

In addition, locomotive emissions 

from rail yards contribute to poor air 

quality and other environmental effects 

for nearby communities. Reducing 

locomotive emissions in rail yards can 

help alleviate environmental burdens, 

including exhaust and noise, and 

improve the quality of life for these 

communities. 

In the IIJA, Congress amended FRA’s 

Consolidated Rail Infrastructure and 

Safety Improvements (CRISI) Grant 

Program to authorize FRA to fund 

projects for rehabilitating, 

remanufacturing, procuring, or 

overhauling locomotives, provided that 

such activities result in a significant 

reduction of emissions. 49 U.S.C. 

22907(c)(16). FRA has defined 

significant reduction of emissions to 

mean rehabilitating, remanufacturing, 

procuring, or overhauling: (1) a NonTiered, Tier 0, or Tier 1 locomotive to 

at least the Tier 2 level; (2) a Tier 2 or 

Tier 3 locomotive to at least a Tier 4 

level; or (3) any locomotive to an allelectric, renewable diesel, batterypowered, or other renewable energy 

locomotive.1

As such, FRA-funded projects may 

include the purchase of an older Tier 0, 

Tier 1, or non-tiered locomotive 

currently in service for the purpose of 

rehabilitating or remanufacturing the 

locomotive, converting it to a higher tier 

by replacing the diesel engine with an 

alternative power source. FRA’s Buy 

America requirements apply to FRA’s 

CRISI Grant Program. Therefore, these 

requirements would apply to the 

purchase of older locomotives as part of 

projects to convert them to a higher 

emissions tier. Although it is possible 

that Tier 0, Tier 1, and non-tiered 

locomotives that have been in operation 

in the United States for decades may be 

compliant with FRA’s Buy America 

requirements, due to their age it is 

difficult for grant recipients to verify 

that all of the components used in the 

locomotive were produced in the United 

States. Although a grant recipient may 

be able to confirm that the locomotive 

was assembled in the United States, 

documentation verifying the country of 

origin of the locomotive’s components is 

typically unavailable due to the passage 

of time. 

FRA proposes to issue this general 

applicability waiver of its Buy America 

requirements for FRA-funded projects 

that involve the purchase of these used 

locomotives for the purpose of 

rehabilitating, remanufacturing, or 

overhauling the used locomotive to 

deliver a locomotive with significantly 

reduced emissions. FRA is not 

proposing to waive its Buy America 

requirements for any other 

manufactured products, steel, iron, or 

construction materials used in FRAfunded projects, nor does this waiver 

apply to the purchase of any new items 

necessary for the project, such as the 

battery system and its components. This 

general applicability waiver will 

facilitate the delivery of innovative 

locomotive projects that seek to develop 

and deploy alternative power sources to 

produce more efficient locomotives, 

reduce locomotive emissions 

throughout the country, address 

environmental burdens on 

communities, and create domestic jobs. 

This notice summarizes FRA’s Buy 

America requirements and FRA’s 

proposed waiver. FRA also seeks 

comments as to whether it should 

consider issuing a waiver for any other 

products required to manufacture 

locomotive batteries or locomotive 

charging stations and equipment due to 

the domestic nonavailability of such 

products. Should it obtain such 

information, FRA will consider 

proposing additional nonavailability 

waivers as appropriate. 

II. FRA’s Buy America Requirements 

and Policy 

Projects that receive funding under 

the CRISI Grant Program are subject to 

FRA’s Buy America requirements. 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, FRAfunded projects must also comply with 

the relevant provisions of BABA, 

specifically the requirement that all 

construction materials used in the 

project must also be produced in the 

United States (Pub. L. 117–58, sec. 

70914(a)). 

FRA strictly enforces compliance with 

Buy America to ensure that FRA-funded 

projects use materials produced in the 

United States. FRA expects grantees to 

work with suppliers to conduct 

thorough market research and 

adequately consider, where appropriate, 

using qualifying alternate items, 

products, or materials. Compliance with 

FRA’s Buy America requirement 

supports domestic industry and wellpaying jobs. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Notices 2779 

2See Implementation Guidance on Application of 

Buy America Preference in Federal Financial 

Assistance Programs for Infrastructure, M–24–02, at 

p. 13 (Oct. 25, 2023). 

3 Id., at p. 11. 

III. FRA’s Authority To Waive Buy 

America Requirements 

FRA can waive its Buy America 

requirements in limited circumstances. 

FRA will grant a waiver that is 

consistent with the statutory criteria. 

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 

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 would 

increase the cost of the overall project 

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

22905(a)(2); see also Pub. L. 117–58, 

sec. 70914(b); prescribing similar 

statutory conditions for waivers). 

FRA may issue a general applicability 

waiver when doing so is necessary to 

advance the agency’s mission and goals. 

This waiver would apply generally 

across FRA’s grant programs.2 In 

addition, a waiver in the public interest 

is appropriate when the agency 

determines that other important policy 

goals cannot be achieved consistent 

with FRA’s Buy America requirements 

and the Buy America requirements 

established by BABA, and the proposed 

waiver does not meet the requirements 

for a non-availability or unreasonable 

cost waiver.3

If FRA determines a waiver is 

appropriate, FRA will provide notice 

and seek comment from the public. 

IV. Proposed Waiver 

FRA has determined that applying its 

Buy America requirements to the 

purchase of Tier 0, Tier 1, and nontiered locomotives for the purpose of 

rehabilitating or remanufacturing the 

locomotive to significantly reduce 

emissions would be inconsistent with 

the public interest as it would be overly 

burdensome or, in some instances, not 

possible to verify whether the used 

locomotive is fully compliant with 

FRA’s Buy America requirements. To 

advance rail projects that deploy more 

efficient locomotives, reduce emissions, 

address environmental burdens on 

communities, and create domestic jobs, 

FRA proposes to waive its Buy America 

requirements for the purchase of used 

Tier 0, Tier 1, and non-tiered 

locomotives, provided that the used 

locomotive: 

• has been in continuous service in 

the United States from the date of 

manufacture; 

• was not purchased outside the 

United States; 

• was manufactured prior to 2004 

(line haul or switch); and 

• will be used in an FRA-funded 

project that will result in a significant 

reduction in emissions. 

The proposed waiver does not apply 

to any other manufactured products, 

steel, or iron used in the FRA-funded 

project, nor does it apply to the 

purchase of any new items necessary for 

the project, such as the battery system 

and its components. FRA is not 

proposing to waive any applicable 

BABA requirements, and the proposed 

waiver does not apply to any 

construction materials. 

The proposed waiver would be 

effective for five years from the date the 

final waiver is issued and would apply 

to awards obligated within that period. 

V. Request for Comment 

FRA will consider comments received 

during the 15-day public comment 

period. FRA may consider comments 

received after this period to the extent 

practicable. Consistent with 49 U.S.C. 

22905(a)(4), following the public 

comment period, 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 not to exceed 15 days. 

After such a period, FRA’s decision will 

be effective. 

FRA also seeks input from the public 

as to whether it should consider issuing 

a separate waiver for any other products 

required to manufacture locomotive 

batteries or locomotive charging stations 

and equipment due to their 

nonavailability in the domestic market. 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2025–00443 Filed 1–10–25; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2024–0051] 

Agency Information Collection 

Activities; Notice and Request for 

Comment; Assessing the Fit and 

Comfort of Motorcycle Safety Gear 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for public 

comment on a request for approval of a 

new collection of information. 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) invites 

public comments about our intention to 

request approval from the Office of 

Management and Budget (OMB) for a 

new information collection. Before a 

Federal agency can collect certain 

information from the public, it must 

receive approval from OMB. Under 

procedures established by the 

Paperwork Reduction Act of 1995, 

before seeking OMB approval, Federal 

agencies must solicit public comment 

on proposed collections of information, 

including extensions and reinstatement 

of previously approved collections. This 

document describes a new collection of 

information for which NHTSA intends 

to seek OMB approval to gather 

information on the personal protective 

equipment (PPE) motorcyclists wear 

including helmets and riding jackets, 

pants, boots, and gloves, how well the 

PPE fits, and how comfortable riders 

find it to be. 

DATES: Comments must be received on 

or before March 14, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. NHTSA–2024– 

0051 using any of the following 

methods: 

• Electronic submissions: Go to 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail or Hand Delivery: Docket 

Management Facility, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, West Building between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9322 before 

coming. 

Instructions: Each submission must 

include the agency name and the docket 

number for this Notice. Note that all 

comments received will be posted 

without change to https:// 


ddrumheller on DSK120RN23PROD with NOTICES1