Notice2022-11195
Temporary Waiver of Buy America Requirements for Construction Materials
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 25, 2022
Issuing agencies
Transportation Department
Abstract
As the Biden-Harris Administration implements the historic Bipartisan Infrastructure Law (BIL), we seek to maximize the use of American made products and materials in all federally funded projects while also successfully delivering a wide range of critical infrastructure projects for States, local communities, counties, Tribal nations and farms, factories and businesses across the U.S. In order to deliver projects and meaningful results while ensuring robust adoption of Buy America standards, the U.S. Department of Transportation ("DOT" or "Department") is establishing a temporary public interest waiver for construction materials for a period of 180 days beginning on May 14, 2022 and expiring on November 10, 2022. DOT is establishing this transitional waiver to prepare for compliance with the new Made in America standards for construction materials. During this time period, DOT expects States, industry, and other partners to begin developing procedures to document compliance. DOT will continue its engagement through the waiver period to help facilitate the creation of robust enforcement and compliance mechanisms and to rapidly encourage domestic sourcing of construction materials for transportation infrastructure improvements.
Full Text
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<title>Federal Register, Volume 87 Issue 101 (Wednesday, May 25, 2022)</title>
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[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Pages 31931-31936]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11195]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Temporary Waiver of Buy America Requirements for Construction
Materials
ACTION: Notice.
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SUMMARY: As the Biden-Harris Administration implements the historic
Bipartisan Infrastructure Law (BIL), we seek to maximize the use of
American made products and materials in all federally funded projects
while also successfully delivering a wide range of
[[Page 31932]]
critical infrastructure projects for States, local communities,
counties, Tribal nations and farms, factories and businesses across the
U.S. In order to deliver projects and meaningful results while ensuring
robust adoption of Buy America standards, the U.S. Department of
Transportation (``DOT'' or ``Department'') is establishing a temporary
public interest waiver for construction materials for a period of 180
days beginning on May 14, 2022 and expiring on November 10, 2022. DOT
is establishing this transitional waiver to prepare for compliance with
the new Made in America standards for construction materials. During
this time period, DOT expects States, industry, and other partners to
begin developing procedures to document compliance. DOT will continue
its engagement through the waiver period to help facilitate the
creation of robust enforcement and compliance mechanisms and to rapidly
encourage domestic sourcing of construction materials for
transportation infrastructure improvements.
DATES: The waiver is applicable to awards that are obligated on or
after May 14, 2022 and before November 10, 2022. Unless extended, the
waiver expires on November 10, 2022.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Darren Timothy, DOT Office of the Assistant Secretary
for Transportation Policy, at <a href="/cdn-cgi/l/email-protection#a6c2c7d4d4c3c888d2cfcbc9d2cedfe6c2c9d288c1c9d0"><span class="__cf_email__" data-cfemail="ec888d9e9e8982c298858183988495ac888398c28b839a">[email protected]</span></a> or at 202-366-
4051. For legal questions, please contact Michael A. Smith, DOT Office
of the General Counsel, 202-366-2917, or via email at
<a href="/cdn-cgi/l/email-protection#4b262228232a2e27652a653826223f230b2f243f652c243d"><span class="__cf_email__" data-cfemail="9ef3f7fdf6fffbf2b0ffb0edf3f7eaf6defaf1eab0f9f1e8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
In January 2021, President Biden issued Executive Order (E.O.)
14005, titled ``Ensuring the Future is Made in All of America by All of
America's Workers,'' launching a whole-of-government initiative to
strengthen Made in America standards.
The E.O. states that the United States Government ``should,
consistent with applicable law, use terms and conditions of Federal
financial assistance awards and Federal procurements to maximize the
use of goods, products, and materials produced in, and services offered
in, the United States.'' DOT is committed to ensuring strong and
effective Buy America implementation consistent with E.O. 14005 and has
a long track record of successfully applying Made in America standards
to support American workers and businesses through its more than $70
billion in grant programs and $700 million in direct purchases in
FY2020.
On November 15, 2021, President Biden signed the Bipartisan
Infrastructure Law (BIL), enacted as the Infrastructure Investment and
Jobs Act, Public Law 117-58, which includes the Build America, Buy
America Act (``the Act''). Public Law 117-58, div. G Sec. Sec. 70901-
52. The BIL not only makes a historic investment in American
transportation--from roads and bridges to rail to transit--but also
greatly strengthens Made in America standards. Specifically, the Act
expands the coverage and application of Buy America preferences in
Federal financial assistance programs for infrastructure. The Act
requires that no later than May 14, 2022--180 days after the date of
enactment--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).
The Act provides that the preferences under Section 70914 apply
only to the extent that a domestic content procurement preference as
described in Section 70914 does not already apply to iron, steel,
manufactured products, and construction materials. BIL Sec. 70917(a)-
(b). This provision allows Federal agencies to preserve existing Buy
America policies and provisions that meet or exceed the standards
required by the Act, such as FHWA's existing requirements for iron and
steel.
One of the new Buy America preferences included under Section 70914
of the Act is for construction materials. By May 14, 2022, each covered
Federal agency must ensure that all manufacturing processes for
construction materials used in Federally assisted infrastructure
projects occur in the United States. None of the specific statutes that
apply particular Buy America \1\ requirements to the Federal financial
assistance programs administered by DOT's Operating Administrations
(OAs), including 49 U.S.C. 50101 (FAA); 23 U.S.C. 313 (FHWA); 49 U.S.C.
22905(a) (FRA); 49 U.S.C. 5323(j) (FTA); and 46 U.S.C. 54101(d)(2)
(MARAD), specifically cover construction materials, other than to the
extent that such materials would already be considered iron, steel, or
manufactured products.
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\1\ In this notice, references to ``Buy America'' include
domestic preference laws called ``Buy American'' that apply to DOT
financial assistance programs.
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In addition to establishing Buy America preferences, the Act also
provides certain statutory authorities for the Made in America Office
(``MIAO'') in the Office of Management and Budget (``OMB''). BIL
Sec. Sec. 70915(b) and 70923. MIAO was first established by Section 4
of E.O. 14005. MIAO's authorities under the BIL include issuing
guidance to assist in applying the Act's requirements and issuing
standards that define term ``all manufacturing processes'' in the case
of construction materials. BIL Sec. 70915.
On April 18, 2022, OMB issued memorandum M-22-11, ``Initial
Implementation Guidance on Application of Buy America Preference in
Federal Financial Assistance Programs for Infrastructure''
(``Implementation Guidance''). Under section VIII of the Implementation
Guidance, ``Preliminary Guidance for Construction Materials,''
``construction materials'' includes: An article, material, or supply--
other than an item of primarily iron or steel; a manufactured product;
cement and cementitious materials; aggregates such as stone, sand, or
gravel; or aggregate binding agents or additives--that is or consists
primarily of:
<bullet> Non-ferrous metals;
<bullet> plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in
fiber optic cables);
<bullet> glass (including optic glass);
<bullet> lumber; or
<bullet> drywall.
Implementation Guidance at p. 13-14. The Implementation Guidance also
states that ``an article, material, or supply should only be classified
into one of the following categories: (1) Iron or steel; (2) a
manufactured product; or (3) a construction material. For ease of
administration, an article, material, or supply should not be
considered to fall into multiple categories.'' Id. at p. 6. The
Implementation Guidance also explains that ``items that consist of two
or more of the listed materials that have been combined together
through a manufacturing process, and items that include at least one of
the listed materials combined with a material that is not listed
through a manufacturing process, should be treated as manufactured
products, rather than as construction materials.'' Id. at p. 14. OMB
characterizes its guidance on which materials are construction
materials as ``preliminary and non-binding guidance . . . so that
agencies can begin applying Buy America
[[Page 31933]]
requirements to those materials.'' Id. at p. 13.
DOT is taking appropriate steps to ensure the definition of
``construction material'' specified in the Implementation Guidance
applies to each award from a financial assistance program for
infrastructure projects, including by incorporating that definition in
terms and conditions incorporating a Buy America preference.
Section 70915(b) of the BIL requires OMB to issue standards that
define ``all manufacturing processes'' for construction materials.
Section VIII of the Implementation Guidance provides that, ``[p]ending
MIAO's issuance of final standards on construction materials, and
absent any existing applicable standard in law or regulation that meets
or exceeds these preliminary standards, agencies should consider `all
manufacturing processes' for construction materials to mean the final
manufacturing process and the immediately preceding manufacturing stage
for the construction material.'' Implementation Guidance at p. 14.
After considering information received through stakeholder and industry
outreach, MIAO will issue further guidance that identifies initial
manufacturing process for each type of construction material that
should be considered as part of ``all manufacturing processes.'' Id.
Agencies are also directed to ``consult with MIAO, as needed, to ensure
that any waiver issued for construction materials is explicitly
targeted and time-limited, in order to send a clear market signal that
additional standards for `all manufacturing processes' in the case of
construction materials will be forthcoming.'' Id.
The Implementation Guidance notes that a ``waiver in the public
interest may be appropriate where an agency determines that other
important policy goals cannot be achieved consistent with the Buy
America requirements established by the Act.'' Implementation Guidance
at p. 10. The guidance also recognizes several instances in which
Federal agencies may consider issuing a public interest waiver and
encourages agencies to consider an adjustment period where time limited
waivers would allow recipients and agencies to transition to new Buy
America preferences, rules, and processes. Id. at p. 11.
In bringing its Federal financial assistance programs for
infrastructure into compliance with the Act's requirement for
construction materials, DOT must also ensure that these important
Federal programs for transportation infrastructure investment are able
to obligate funds and complete infrastructure projects in a timely
manner. For example, the new construction materials requirement will
apply to capital projects funded by formula and discretionary programs
of the Federal Transit Administration, including projects under the new
All Stations Accessibility Program, which will upgrade the
accessibility of fixed guideway public transportation systems for
people with disabilities.
Because construction materials have not previously been subject to
Made in America rules as have iron and steel, there is a need to gather
data on domestic sourcing capacity to inform stronger standards. For
example, while the exact impact on highway project construction is
unknown, the Department believes that it could be significant.
According to the current National Bridge Inventory, there are more than
62,588 bridges with wood or timber elements (including 16,909 bridges
whose main span have wood or timber elements), 2,281 bridges with non-
ferrous metal elements, and 19,562 bridges with polymer-based products
elements. Additionally, construction materials are used in a wide
variety of other applications, such as culverts, glass for retro-
reflectivity in pavement markings, glass in fiber optics involved in
utility relocations, non-ferrous metals in sign sheeting, and dry wall
used in rest areas and other vertical construction applications. These
are just a few examples of construction materials that may be found in
highway projects.
The Department has heard from stakeholders regarding concerns about
the implementation of Buy America requirements to construction
materials, specifically how recipients of Federal funds will need to
require contractors to source Buy America compliant construction
materials and how industry will certify and demonstrate compliance. The
Department recognizes both the importance of ensuring Buy America
compliant construction materials and the need to implement the
requirement in a way that is not overly burdensome.
Issuance of the Proposed Temporary Waiver and Discussion of Comments
Received
In accordance with Section 70914(b)(1) of the Act, on April 28,
2022, DOT published a notice on its website seeking comment on whether
to use its authority to provide a temporary waiver of the Buy America
requirement for construction materials on DOT-assisted infrastructure
projects, on the basis that applying the domestic content preference
for these materials would be inconsistent with the public interest.\2\
The notice explained that the waiver would be applicable to awards that
are obligated on or after May 14, 2022. To maximize notice to affected
stakeholders, the Department also announced the proposal on several
email distribution lists related to the operating administrations'
existing Buy America requirements.
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\2\ Because the application of Buy America to construction
materials is required under BIL Sec. 70914, the authority for this
waiver is also based on BIL Sec. 70914. Therefore, reference to,
and reliance on, the waiver authority under specific Buy America
provisions that are administered by the Department, such as 49
U.S.C. 50101 (FAA); 23 U.S.C. 313 (FHWA); 49 U.S.C. 22905(a) (FRA);
49 U.S.C. 5323(j) (FTA); and 46 U.S.C. 54101(d)(2)(MARAD), is
unnecessary.
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The DOT received 83 separate comments in response to the
publication from a wide array of stakeholders, including State
transportation agencies, public transit agencies, airport operators,
construction firms, manufacturers and suppliers, labor organizations,
and individuals, as well as associations representing each of those
groups. The vast majority of commenters supported DOT's proposal to
issue a temporary waiver for construction materials. Comments opposing
the waiver came from certain manufacturers and labor organizations;
their key concerns relevant to the proposal are discussed in more
detail below.
In the notice of proposed waiver, DOT asked whether a longer or
shorter effective period than 180 days from May 14, 2022 would be
warranted. Most commenters who addressed this question stated that this
length of time would likely be inadequate to accomplish the goals of
the transition waiver period and suggested that it be increased. Most
of those commenters suggesting a longer waiver period specifically
offered that it should have a duration of one year, but several others
proposed even longer effective periods ranging from 18 months to 4
years. Several reasons were given for the commenters' belief that a
longer period would be justified. For example, the Utah Department of
Transportation described a series of steps that will need to be
undertaken before the new requirements for construction materials can
be implemented, including OMB issuing final standards for construction
materials, as well as State DOTs updating standard specifications;
establishing certification processes; working with and informing
industry to demonstrate their products meet the standards; working with
contractors and incorporating new contract provisions
[[Page 31934]]
prescribing Buy America requirements; and reviewing and updating
stewardship and oversight agreements with FHWA to address non-
compliance with Made in America standards. The Alaska Department of
Transportation and Public Facilities and the Pennsylvania Department of
Transportation also noted that the 180-day period would overlap with
the peak construction season in most States, and thus affect
participation from the contractors, suppliers, and agencies that are
needed to develop new compliance processes for construction materials.
Other commenters, such as the Greater Orlando Aviation Authority,
focused on the steps needed to investigate potential domestic sources
of construction materials and to build up an adequate supply base to
support federally funded transportation infrastructure projects.
Several commenters, such as the Associated General Contractors of
America, noted that current supply chain challenges in the materials
industry and the resulting volatility in those markets make it
``extremely difficult to determine at this time whether U.S. production
for these newly covered materials can support the demand the IIJA's
increased funding levels will place on these markets, or whether there
is sufficient or existing U.S. production at all for some of these
goods.''
The Wyoming Department of Transportation, however, commented that
it while it ``believes the waiver may need to be extended, perhaps
considerably,'' it also ``recognizes that DOT needs to move promptly to
ensure at least the six-month period to minimize disruption to the
current construction season,'' and noted that while compliance
procedures may not currently be in place, ``the ability to certify
materials will grow over time, so there should be a good faith
certification process that can be refined over time.'' While
recognizing the challenges that commenters noted on the steps that will
ultimately be required to fully implement the new Buy America
provisions for construction materials and to achieve a robust, thriving
domestic supply base, DOT agrees with Wyoming DOT on the importance of
moving quickly with a short-term waiver and with an approach of
refining processes over time, rather than delaying the application of
the new requirements for an extended period of time until those
processes and domestic supply bases can be perfected.
No commenters provided evidence of an existing certification
process for construction materials that is already in use and could be
immediately adopted by suppliers, contractors, and project sponsors.
However, the Spring City Electrical Manufacturing Company, a
manufacturer of aluminum lampposts, listed five products that it
believes would qualify as construction materials under the Act and
noted that the aluminum production process is similar to that for iron
and steel products, for which ``DOT has previously determined the
`material certification process has been adequate for determining
compliance,' '' as ``contractors must provide certificates of origin to
the project sponsor.'' The commenter also stated that ``notably for the
[State] DOTs' interests the aluminum lampposts and bases are covered by
country of origin marking requirements in 19 U.S.C. 1304(e) that should
aid in origin identification.'' The Department will determine whether
the company's products would be considered construction materials once
OMB has issued final standards, but DOT believes that this comment
supports the conclusion that some types of construction materials may
be readily addressed with new Buy America compliance procedures adapted
from existing procedures elsewhere in use, and that the limited 180-day
duration of the waiver as proposed is appropriate to enable that
adaptation.
Some commenters, including the United Steelworkers Union (USW), the
Municipal Castings Association (MCA), and the Alliance for American
Manufacturing (AAM) questioned the duration of the period that the
Department provided to comment on the proposed waiver. USW asserted
that ``BABA clearly states that agencies requesting general
applicability public interests waivers allow for 30 days for public
comments.'' The Department disagrees with that description of the
statute. Section 70914(c)(2) of the Act requires agencies to ``provide
a period of not less than 15 days for public comment on the proposed
waiver.'' Section 70914(d) is a separate provision that requires a
comment period of ``not less than 30 days'' when an agency conducts a
review of an existing general applicability waiver. That provision is
not applicable to new general applicability waivers. Accordingly, the
Department's comment period satisfies the applicable statutory
requirement. The Department chose not to extend the comment period
beyond May 13, 2022, because the relevant Buy America requirements
became effective on May 14, 2022. The Department determined that the
interest in providing financial assistance recipients with certainty
about applicable requirements outweighed the benefits of a longer
comment period. That determination is supported by the fact that 82
commenters, representing a diverse set of stakeholders, submitted
comments in the time provided.
USW, MCA, and AAM, along with the Commercial Metals Company, also
expressed concern about the Department's failure to propose the waiver
before April 28, 2022. USW asserted that this undermines stakeholder's
confidence in the Department's capacity to efficiently implement the
Act. The Department's timing was responsive to the public availability
of the Implementation Guidance. As explained above, that guidance was
issued on April 18, 2022; the Department proposed the waiver 8 business
days later. If the Department had proposed the waiver before OMB issued
the Implementation Guidance, the public would have lacked important
context to inform its comments and the Department would have been at
risk of needing to withdraw and re-propose a waiver that complied with
the Implementation Guidance. The Department and OMB anticipate
providing additional opportunities for further stakeholder input on
implementation of the Act, and, as described in the proposal and this
notice, the Department will consider narrowing the breadth or
shortening the duration of this waiver in response to information
supporting the availability of demonstrably compliant categories of
construction materials.
USW and AAM also raised concerns about the issuance of a temporary
general applicability waiver for construction materials on the basis of
public interest. Both parties acknowledged ``that limited, narrow use
of waiver authority may be necessary, including for those departments
and agencies working to establish a Buy America policy for the first
time.'' DOT agrees and notes that while its Operating Administrations
have longstanding experience in applying Buy America preferences for
iron and steel and for manufactured products, applying such policies to
construction materials is a new exercise. USW also noted that ``this
Administration has stated clearly that public interest waivers be used
sparingly, and reserved for truly exigent circumstances.'' DOT agrees
that public interest waivers should be used sparingly and has concluded
that avoiding the disruption to transportation infrastructure projects
that would occur without a period for deliberate development of
processes needed to transition to the new requirements constitutes a
rare and
[[Page 31935]]
appropriate use of the authority. Both USW and AAM also expressed
concern about public interest waivers being used to delay the
application of Buy America preferences indefinitely. DOT's purpose in
limiting the temporary waiver for construction materials to only 180
days avoids such an outcome and communicates that stakeholders need to
rapidly adopt the necessary procedures to ensure compliance with the
new requirements.
Several commenters requested that the Department expand the scope
of the proposed waiver to include items that are not construction
materials, as that term is defined in the Act and Section VIII of the
Implementation Guidance. The Department considers those requests to be
outside the scope of its current waiver action. Likewise, for the
purpose of this waiver action, DOT considers out of scope the comments
that were received addressing other types of public interest waivers
that DOT could issue under the Act, the application of Buy America
requirements to manufactured products and to iron and steel, and the
importance of complying with cargo preference (a.k.a. Ship American)
requirements when transporting foreign-made materials purchased
pursuant to a Buy America waiver. However, DOT values the feedback
received in those comments and will consider those requests and
comments as it continues implementation of the Act, including its
development of guidance and reviews of existing waivers of general
applicability under section 70914(d) of the Act.
Finding on the Temporary Waiver
Based on all the information available to the Agency, DOT concludes
that applying the domestic content preference for construction
materials under Section 70914(a) of the Act on DOT-assisted
infrastructure projects now, before adequate compliance processes are
in place, would be inconsistent with the public interest, and that a
temporary waiver of that requirement is thus appropriate under Section
70914(b)(1). This waiver is applicable only to awards obligated on or
after May 14, 2022 and before November 10, 2022. For awards obligated
during that 180-day period, the waiver applies for the duration of the
award. Unless extended, the waiver is inapplicable to any award
obligated on or after November 10, 2022.
In issuing this temporary public interest waiver, DOT is not making
a finding that any construction materials are not produced in the
United States in sufficient and reasonably available quantities or of a
satisfactory quality. Such a finding would require a separate waiver
action under section 70194(b)(2).
Ramping Up Made in America Compliance and Ongoing Request for Comments
With the goal of advancing crucial infrastructure projects in a
timely manner while implementing the new Buy America requirements, the
DOT is providing this notice as its finding that a waiver of Buy
America requirements for construction materials is appropriate at this
time. DOT continues to encourage suppliers and other stakeholders to
inform DOT of any procedures that may be developed or be in place to
certify the compliance of construction materials with the domestic
preference requirement in the Act. That information helps DOT rapidly
encourage domestic sourcing and potentially shorten the effective
period or narrow the applicability of the transitional waiver. The
Department also encourages supplier and other stakeholders to identify
categories of construction materials that currently have sufficient
domestic availability to support DOT-assisted infrastructure projects,
to assist contractors and project sponsors in incorporating compliant
products in their projects and to help the Department focus its
activities to benefit domestic manufacturers. Comments may be submitted
to the U.S. Government electronic docket site at <a href="http://www.regulations.gov/">http://www.regulations.gov/</a>, Docket: DOT-OST-2022-0047.
The temporary general waiver of the Buy America requirement for
construction materials under the Act will provide sufficient time for
DOT to: (i) Seek information and feedback from State, local, industry,
and other partners and stakeholders on challenges with and solutions
for implementing the requirement; (ii) allow a reasonable adjustment
period for recipients of DOT financial assistance, including States,
local communities, Tribal nations, transit agencies, railroads,
airports and ports and their industrial vendors to develop and
transition to new compliance and certification processes for
construction materials; and (iii) gather data on the sourcing of the
full range of construction materials used in Federally funded
transportation projects and strategies for increasing domestic capacity
to produce those materials.
During the waiver period, DOT expects that implementing partners
will take rapid action to prepare for compliance with the new
requirements, as they currently do for iron and steel, for example.
Actions to prepare for compliance with the new requirements include:
1. Establishing certification processes by grantees to determine
Buy America compliance for construction materials;
2. Working with industry to ensure that manufacturers are prepared
to demonstrate that their products meet applicable Buy America
standards;
3. Ensuring contractors and subcontractors are prepared to certify
compliance with Buy America requirements for construction materials,
and provide all relevant information, including contract provisions
prescribing Buy America requirements;
4. Establishing appropriate diligence by State DOTs, contracting
agencies, and other relevant agencies, including audits and reviews as
appropriate; and
5. Providing further data and information to DOT on the domestic
availability of construction materials, in particular, through comment
by suppliers on construction materials that can be sourced in the U.S.
currently.
During the waiver period, DOT will also work to prepare for
implementation of new Made in America requirements for construction
materials by:
1. Assessing existing Made in America processes such as questions
and requirements for grantees and contractors to ensure processes for
reviewing construction materials are aligned with standards already in
place, such as for iron and steel, as appropriate;
2. Building new Made in America requirements into forthcoming
Notice of Funding Opportunities, loan programs, and other resources
provided by the Department, as appropriate;
3. Reviewing DOT's enforcement processes, including stewardship and
oversight agreements with States, risk-based reviews, and compliance
assessment program reviews for non-compliance with Made in America
standards to ensure the enforcement processes for construction
materials are effective and consistent with processes for products such
as iron and steel, as appropriate;
4. Reviewing data, information, and comments provided by States,
industry, and other partners to further assess opportunities,
challenges, and the availability of domestically sourced construction
materials. Stakeholders are encouraged to provide information to DOT in
response to this notice, as well as to the OMB's Listening Sessions and
Request for Information on the application of Made in America
requirements to construction materials.
By the end of the waiver period, DOT expects State, industry, and
other partners to establish an effective compliance process appropriate
for construction materials, consistent with
[[Page 31936]]
the BIL and relevant implementation guidance and standards. As
explained above, the Department's implementation activities will
continue during the waiver period. If DOT can determine, using all
available information, including stakeholder comments and data, that
there are currently sufficient compliance processes for certain
categories of construction materials, DOT will consider shortening the
period of the waiver overall, or for certain categories of product, to
rapidly encourage domestic sourcing. In making any adjustments, DOT
will follow the public input requirements of Section 70914(d), which
provide for at least a 30-day comment period for DOT's conduct of a
review of an existing general applicability waiver.
Issued in Washington, DC, on: May 19, 2022.
Polly E. Trottenberg,
Deputy Secretary.
[FR Doc. 2022-11195 Filed 5-24-22; 8:45 am]
BILLING CODE 4910-9X-P
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