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Notice and Request for Comment on FHWA's Review of Its General Applicability Waiver of Buy America Requirements for Manufactured Products Publication: Federal Register Agency: Federal Highway Administration Byline: Andrew Rogers Date: 21 April 2023 Subjects: American Government  , Roads & Highways
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[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24651-24652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08446]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2022-0027]
Notice and Request for Comment on FHWA's Review of Its General
Applicability Waiver of Buy America Requirements for Manufactured
Products
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice; extension and reopening of comment period.
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SUMMARY: The FHWA is extending the comment period for a request for
comments on its existing general applicability waiver for manufactured
products under FHWA's Buy America waiver authorities, which was
published on March 17, 2023, in the Federal Register. The comment
period is currently set to close on April 17, 2023. The extension is
based on concern expressed by a number of stakeholders that the
original comment period was inadequate to meaningfully review the
request for comments, analyze the impact of any possible changes to the
existing general applicability waiver for manufactured products, gather
information, and provide comprehensive comments. The FHWA recognizes
that others interested in commenting may have similar concerns and
agrees that the comment period should be extended. Therefore, the
comment period is reopened and the closing date for comments is May 22,
2023, which will provide stakeholders and others interested in
commenting additional time to submit responses to the docket.
DATES: Comments must be received on or before May 22, 2023. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: Please submit your comments to the Federal eRulemaking
Portal at www.regulations.gov, Docket: FHWA-2022-0027, and follow the
online instructions for submitting comments.
Instructions: You must include the agency name and docket number at
the beginning of your comments. Except as described below under the
heading ``Confidential Business Information,'' all submissions
received, including any personal information provided, will be posted
without change or alteration to 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 Mr. Brian Hogge, FHWA Office of Infrastructure, 202-366-
1562, or via email at Brian.Hogge@dot.gov. For legal questions, please
contact Mr. David Serody, FHWA Office of the Chief Counsel, 202-366-
4241, or via email at David.Serody@dot.gov. Office hours for FHWA are
from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
A copy of this notice, all comments received on this notice, and
all background material may be viewed online at www.regulations.gov
using the docket number listed above. Electronic retrieval assistance
and guidelines are also available at www.regulations.gov. An electronic
copy of this document also may be downloaded from the Office of the
Federal Register's website at: www.FederalRegister.gov and the
Government Publishing Office's website at: www.GovInfo.gov.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this notice contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this notice, it is important that you
clearly designate the submitted comments as CBI. You may ask FHWA to
give confidential treatment to information you give to the agency by
taking the following steps: (1) Mark each page of the original document
submission containing CBI as ``Confidential''; (2) send FHWA, along
with the original document, a second copy of the original document with
the CBI deleted; and (3) explain why the information you are submitting
is CBI. The FHWA will protect confidential information complying with
these requirements to the extent required under applicable law. If DOT
receives a FOIA request for the information that the applicant has
marked in accordance with this notice, DOT will follow the procedures
described in its FOIA regulations at 49 CFR 7.29. Only information that
is marked in accordance with this notice and ultimately determined to
be exempt from disclosure under FOIA and Sec. 7.29 will not be
released to a requester or placed in the public docket of this notice.
Submissions containing CBI should be sent to: Mr. Brian Hogge, FHWA,
1200 New Jersey Avenue SE, HICP-20, Washington, DC 20590. Any comment
submissions that FHWA receives that are not specifically designated as
CBI will be placed in the public docket for this matter.
Background
On November 15, 2021, the President signed into law the Bipartisan
Infrastructure Law (BIL), enacted as the Infrastructure Investment and
Jobs Act (IIJA), (Pub. L. 117-58). The BIL includes the Build America,
Buy America Act (``BABA''). BIL, div. G sections 70901-27. Section
70914(d) of BABA requires Federal Agencies to review existing general
applicability waivers of Buy America requirements by publishing in the
Federal Register a notice that: (i) describes the justification for a
general applicability waiver; and (ii) requests public comments for a
period of not less than 30 days on the continued need for the general
applicability waiver. Following the initial notice and review and
consideration of comments received, the Agency must publish in the
Federal Register a determination on whether to continue or discontinue
the general applicability waiver. BABA section 70914(d).
On March 17, 2023, at 88 FR 16517, in accordance with section
70194(d) of BABA, FHWA published in the Federal Register a notice of a
review of its public interest waiver of general applicability of FHWA's
Buy America requirement for manufactured products, known as the
Manufactured Products General Waiver, and requested comments. The
notice set a closing date of April 17, 2023, for the comment period. In
a comment submitted in response to that notice, a coalition of
stakeholders has expressed concern that this closing date does not
provide sufficient time to review and provide comprehensive comments
and
[[Page 24652]]
requested a 90-day extension of the comment period.\1\
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\1\ This coalition was comprised of the Associated General
Contractors of America, American Association of State Highway and
Transportation Officials, American Concrete Pipe Association,
American Council of Engineering Companies, American Highway Users
Alliance, American Road & Transportation Builders Association,
American Society of Civil Engineers, American Traffic Safety
Services Association, Associated Equipment Distributors, National
Asphalt Pavement Association, National Association of Surety Bond
Producers, National Ready Mixed Concrete Association, National
Stone, Sand & Gravel Association, National Utility Contractors
Association, Portland Cement Association, Power and Communication
Contractors Association, Surety & Fidelity Association of America,
U.S. Chamber of Commerce, and Water and Sewer Distributors of
America. Comment from Coalition of Stakeholders (Mar. 31, 2022),
https://www.regulations.gov/comment/FHWA-2022-0027-0012.
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The FHWA recognizes that others interested in commenting may have
similar concerns and agrees that the comment period should be extended.
The FHWA, however, does not agree that the comment period should be
extended for such a long duration and notes that many stakeholders have
already provided substantive, responsive comments. The BABA is meant to
strengthen domestic manufacturing by expanding the coverage and
application of Buy America preferences in Federal financial assistance
programs for infrastructure. Consistent with this goal, BABA section
70914(d) also requires Agencies to review existing waivers of general
applicability that effectively limit the extent to which Buy America
preferences are applied. To carry out this purpose, FHWA believes it
necessary to proceed with the review of comments submitted on the
review of the Manufactured Products General Waiver as expeditiously as
possible, while also providing sufficient time for all commenters to
provide information on the issues raised in the March 17 notice. While
FHWA agrees with the coalition of stakeholders that more than 30 days
is needed to achieve these dual purposes, FHWA believes that extending
the comment period by 90 days would unnecessarily delay FHWA's ability
to review comments and publish a determination on whether to continue
or discontinue the Manufactured Products General Waiver under BABA
section 70914(d)(2)(B) in a timely manner. For that reason, FHWA is
reopening and extending the comment period by 30 days for these
organizations and others to submit comments. The closing date for the
comment period is May 22, 2023.
Andrew Rogers,
Deputy Administrator, Federal Highway Administration.
[FR Doc. 2023-08446 Filed 4-20-23; 8:45 am]
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