6048 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 

simultaneously or alternately flashing is 

a promising signal for use in enhanced 

brake light applications, even at levels 

of brightness within the current 

regulated limits. Specifically, the study 

showed that substantial performance 

gains may be realized by increasing 

brake lamp brightness levels under 

flashing configurations; however, 

increases beyond a certain brightness 

threshold will not return substantive 

performance gains. 

In addition, NHTSA has conducted 

research on the effectiveness of rear turn 

signal color on the likelihood of being 

involved in a rear-end crash. FMVSS 

No. 108 allows rear turn signals to be 

either red or amber in color. The study 

showed that amber signals show a 5.3 

percent effectiveness in reducing 

involvement in two-vehicle crashes 

where a lead vehicle is rear-struck in the 

act of turning left, turning right, merging 

into traffic, changing lanes, or entering/ 

leaving a parking space. The advantage 

of amber rear turn signals was shown to 

be statistically significant. 

Finally, FMCSA concluded that the 

FMCSA and NHTSA research programs 

demonstrated the effectiveness of 

alternative rear-signaling systems in 

reducing the frequency and severity of 

rear-end crashes. This evidence was 

sufficient to support the implementation 

of amber, brake-activated, pulsating 

warning lamps on the rear of trailers 

and van body trucks, in addition to the 

steady-burning brake lamps required by 

regulation, as likely to provide a level of 

safety equivalent to or greater than that 

achieved without the exemption. 

Therefore, FMCSA imposed the 

following terms and conditions to 

ensure the safety of the motoring public. 

The exemption would be rescinded if: 

(1) Motor carriers operating trailers and 

van body trucks fail to comply with the 

terms and conditions of the exemption; 

(2) the exemption resulted in a lower 

level of safety than was maintained 

before it was granted; or (3) 

continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315(b). 

Application for Renewal of Exemption 

In its renewal application, Grote 

reiterated its previous statements in 

support of the original exemption 

request. Since the exemption was 

granted in 2020, the Grote auxiliary 

strobe and stop lamp has been installed 

on over 80,000 vehicles and traveled 

over 250,000,000 miles. Grote reported 

that the usage of its pulsating warning 

lamp has yielded positive results. Grote 

stated that a large national fleet 

customer reported a 33% reduction in 

overall rear-end crashes on a per-mile 

basis compared to a baseline fleet 

(without the system installed) with 

more than 1 billion miles driven. In the 

most severe cases, involving personal 

injuries, the fleet observed a 75% 

reduction. Another large fleet customer 

reported similar outcomes, noting a 

52% reduction in overall recordable 

incidents per vehicle and, more notably, 

a 75% reduction in the severity of 

incidents that did occur. A copy of 

Grote’s request to renew the exemption 

is available in the docket. 

Although Grote applied for ‘‘renewal 

of the 2020 exemption,’’ it also stated 

that it was ‘‘applying on behalf of all 

operators, motor carriers, and 

equipment manufacturers that are 

subject to’’ the Federal Motor Carrier 

Safety Regulations (FMCSRs) (emphasis 

added). Both the 2020 exemption and 

this renewal request apply only to motor 

carriers and operators of commercial 

motor vehicles (CMVs) that install 

Grote’s pulsating brake lamps described 

above, not to Grote itself (unless it 

operates as a motor carrier and installs 

its own brake lamps on its own CMVs) 

or to any other equipment manufacturer. 

The renewal application also stated that 

‘‘Grote seeks the ability to install safety 

features in addition to those required 

under the FMCSRs.’’ The renewal 

application, like the 2020 exemption, 

allows motor carriers or CMV operators 

to install the Grote brake equipment 

described above, but does not authorize 

Grote to install its brake equipment on 

behalf of motor carriers. The proposed 

renewal, like the current exemption, 

would apply only to motor carriers and 

CMV operators that wish to install and 

use the Grote brake lamp equipment. 

IV. Applicant’s Method To Ensure an 

Equivalent or Greater Level of Safety 

Grote states that its commitment to 

safety remains unchanged and 

emphasized that in the five years since 

the original exemption was granted, the 

use of Grote’s amber brake-activated 

pulsating warning lamps on the rear of 

trailers and van body trucks in addition 

to the steady-burning brake lamps 

required by the FMCSRs has 

demonstrated a level of safety 

equivalent to, or greater than, that 

provided by the regulation. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Grote’s application for renewal of its 

exemption from § 393.25(e). 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. 2025–01162 Filed 1–16–25; 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. 

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 issuing 

waiver for the domestic preference 

requirements for manufactured products 

applicable to certain transit-oriented 

development (TOD) housing 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: The effective date of the waiver 

is January 17, 2025 and will apply to all 

TOD housing projects that enter into the 

Bureau’s creditworthiness review on or 

before December 31, 2025. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Dan Schned, U.S. Department of 

Transportation, Build America Bureau, 

at 202–366–2300 or daniel.schned@

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: 


KHAMMOND on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 6049 

1Eligible 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. 

2https://www.transportation.gov/buildamerica/ 

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

TOD%20Policy%20Statement.pdf. 

3https://www.transportation.gov/buildamerica/ 

TOD. 

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

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

TOD%20Policy%20Statement.pdf. 

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

TIFIA49. 

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

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

7See 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’’). 

8As noted above, after the enactment of BABA, 

Buy America requirements now include domestic 

construction material requirements per BIL sec. 

70914(a). 

9https://www.transportation.gov/buildamerica/ 

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

Background 

On November 15, 2021, the 

Infrastructure Investment and Jobs Act 

(IIJA) Public Law 117–58 was enacted. 

IIJA reauthorized Federal surface 

transportation programs and invested 

billions in making the United States 

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.1

Transportation and land use reforms 

are central strategies to achieving many 

goals, including reaching net-zero 

greenhouse gas emissions by 2050; 

addressing the housing supply and 

affordability crises throughout the 

country; and advancing equity, fair 

housing, and environmental justice.2

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 3 and a 

policy statement 4 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.5 Additionally, 

the Bureau has worked on outreach to 

developers and created several tools 

including the TOD Eligibility Map 6 and 

has conducted webinars to help educate 

potential borrowers about the 

opportunities and requirements of the 

programs. 

The IIJA also includes the Build 

America, Buy America Act (BABA) at 

div. G, sec. 70901–27. 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.’’ IIJA 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.’’ IIJA 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.7

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 borrowers receiving TIFIA 

or RRIF credit assistance to comply with 

domestic steel, iron, and manufactured 

products content requirements, 

collectively known as ‘‘Buy America’’ 

requirements,8 for the projects receiving 

TIFIA or RRIF credit assistance, 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 applied this 

policy to for-profit borrowers as well. 

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), applies this waiver to the 

domestic manufactured products 

requirements as applied to both TOD 

housing 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 TOD housing 

projects with non-Federal entity 

borrowers (to which Buy America 

requirements apply as a matter of law, 

whether or not such loans use 

appropriated funds), and, in each case, 

that enter into the Bureau’s 

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.9

Pursuant to that guidance, the Bureau 

reiterated the DOT’s longstanding policy 

of requiring sponsors of all projects 

receiving TIFIA and RRIF credit 

assistance to comply with domestic 

steel, iron, and manufactured products 

content requirements, collectively 

known as ‘‘Buy America’’ requirements, 

for the projects receiving credit 

assistance, 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. 

Issuance of Waiver and Discussion of 

Comments Received 

DOT proposed a waiver of the Buy 

America manufactured products 

requirement for TIFIA and RRIF TOD 

projects that include any housing 

elements (TOD Housing Projects) that 

enter into creditworthiness review on or 

before December 31, 2025, in the 

Federal Register (FR Doc. 2024–28820). 

DOT received two comments on the 

proposed waiver, one from an advisor 

on various TOD projects and one from 

a public policy think tank that 

represents the interests of real estate 

entities. Both commenters supported the 

proposed waiver. 

One commenter requested that DOT 

issue a ‘‘blanket waiver’’ that would 

effectively establish a new domestic 


KHAMMOND on DSK9W7S144PROD with NOTICES
6050 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 

preference standard (e.g., 60–70 percent) 

that applies to all products and 

materials involved in TOD projects. 

They argued that this would simplify 

the compliance process by preventing 

the need for sponsors to request many 

individual product waivers, thereby 

reducing the burden on DOT resources 

and expediting the advancement of TOD 

Housing Projects. As was described in 

the notice, to support both the delivery 

of housing and domestic manufacturing, 

DOT will continue to work closely with 

borrowers to better understand and 

document the sources of materials and 

products used in TOD Housing Projects 

and the challenges that compliance with 

DOT’s domestic preference standards 

present and determine appropriate 

solutions. 

One commenter requested that DOT 

update its guidance for TOD projects to 

include a ‘‘plain language’’ list of 

examples of manufactured products 

covered by this waiver. As was 

described in the notice, DOT recently 

provided guidance on Federal 

requirements applicable to TOD projects 

receiving TIFIA or RRIF credit 

assistance. DOT appreciates the 

suggestion and will consider it in 

determining the best ways of providing 

technical assistance to borrowers for 

TOD Housing Projects. 

Finding on the Waiver 

Based on the information available, 

DOT is issuing a public interest waiver 

of the Buy America requirements for 

manufactured products that apply to 

Bureau-financed TOD Housing Projects. 

This waiver is limited to TOD Housing 

Projects that enter into creditworthiness 

review on or before December 31, 2025. 

For these projects, DOT will 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. 

Issued in Washington, DC. 

Morteza Farajian, 

Executive Director, Build America Bureau. 

[FR Doc. 2025–01113 Filed 1–16–25; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Bureau of Transportation Statistics 

[Docket ID Number DOT–OST–2014–0031] 

Agency Information Collection; 

Activity Under OMB Review; Report of 

Financial and Operating Statistics for 

Small Aircraft Operators 

AGENCY: Bureau of Transportation 

Statistics (BTS), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Bureau of Transportation Statistics 

invites the general public, industry and 

other governmental parties to comment 

on the continuing need for and 

usefulness of BTS collecting financial, 

traffic and operating statistics from 

small certificated and commuter air 

carriers. Small, certificated air carriers 

(operate aircraft with 60 seats or less or 

with 18,000 pounds of payload capacity 

or less) currently must file the two 

quarterly schedules: F–1 ‘‘Report of 

Financial Data’’; F–2 ‘‘Report of Aircraft 

Operating Expenses and Related 

Statistics’’; and Commuter air carriers 

must file the Schedule F–1 ‘‘Report of 

Financial Data’’. Commenters should 

address whether BTS accurately 

estimated the reporting burden and if 

there are other ways to enhance the 

quality, utility, and clarity of the 

information collected. 

DATES: Written comments should be 

submitted by February 18, 2025. 

ADDRESSES: You may submit comments 

identified by DOT Docket ID Number 

DOT–OST–2014–0031 by any of the 

following methods: 

Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

Mail: Docket Services: U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, between 9 

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

Friday, except Federal holidays. 

Fax: 202–366–3383. 

Instructions: Identify docket number, 

DOT–OST–2014–0031, at the beginning 

of your comments, and send two copies. 

To receive confirmation that DOT 

received your comments, include a selfaddressed stamped postcard. Internet 

users may access all comments received 

by DOT at https://www.regulations.gov. 

All comments are posted electronically 

without charge or edits, including any 

personal information provided. 

Comments: Comments should identify 

the associated OMB approval # 2138– 

0009 and Docket ID Number DOT–OST– 

2014–0031. Persons wishing the 

Department to acknowledge receipt of 

their comments must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: Comments on OMB 

# 2138–0009, Docket—DOT–OST–2014– 

0031. The postcard will be date/time 

stamped and returned. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov. or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

Electronic Access: You may access 

comments received for this notice at 

https://www.regulations.gov, by 

searching docket DOT–OST–2014–0031. 

FOR FURTHER INFORMATION CONTACT: 

Cecelia Robinson, Office of Airline 

Information, RTS–42, Room E34–110, 

OST–R, BTS,1200 New Jersey Avenue 

SE, Washington, DC 20590–0001, 

Telephone Number (202) 893–0515, Fax 

Number (202) 366–3383 or email 

cecelia.robinson@dot.gov. 

Jennifer Rodes, Office of Airline 

Information, RTS–42, Room E32–103, 

OST–R, BTS, 1200 New Jersey Avenue 

SE, Washington DC 20590–0001, 

Telephone Number (202) 366–8513, Fax 

Number (202) 366–3383 or email 

Jennifer.rodes@dot.gov. 

SUPPLEMENTARY INFORMATION: A notice 

of this information collection was 

published in the Federal Register 

allowing for a 60-day comment period 

November 8, 2024 at 89 FR 88863. 

OMB Approval No. 2138–0009 

Title: Report of Financial and 

Operating Statistics for Small Aircraft 

Operators 

Form No.: BTS Form 298–C. 


KHAMMOND on DSK9W7S144PROD with NOTICES