77140 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 

conviction or administrative action, the 

state which holds the records or action, 

and a statement of whether the motor 

vehicle action resulted from the same 

incident or arose out of the same factual 

circumstances related to a previously 

reported motor vehicle action. A privacy 

act statement and a new FAA form 

number 1600–85 was created and added 

to the online submission portal. 

Respondents: 480 FAA airmen with 

drug and alcohol related motor vehicle 

actions provide approximately 599 

reports per year over the last three years. 

Frequency: On occasion. 

Estimated Average Burden per 

Response: 30 minutes. 

Estimated Total Annual Burden: 30 

minutes per report and 299.5 hours for 

all reports annually. 

Issued in Oklahoma City, OK, on 

November 3, 2023. 

Christopher Marks, 

Security Specialist, Security & Hazardous 

Materials Safety/Enforcement Standards & 

Policy Division, AXE–900. 

[FR Doc. 2023–24716 Filed 11–7–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2023–0029] 

Biannual Request for Information on 

the Status of the Electric Vehicle (EV) 

Charger Industry 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice; request for information 

(RFI). 

SUMMARY: On February 21, 2023, FHWA 

established a Build America, Buy 

America (BABA) implementation plan 

by publishing a temporary public 

interest waiver of Buy America 

requirements for steel, iron, 

manufactured products, and 

construction materials in electric 

vehicle (EV) chargers. This short-term, 

temporary waiver was structured to 

enable EV charger acquisition and 

installation to immediately proceed 

while also ensuring the application of 

Buy America to EV chargers by the 

phasing out of the waiver over time. 

While promulgating the final waiver, 

FHWA announced that it would 

conduct biannual RFIs to receive 

information on the status of the EV 

charger industry. Requests for comment 

include, but are not limited to, the 

number of chargers recently produced 

by EV charger manufacturers, 

projections on chargers expected to be 

produced, and the number of EV 

chargers recently purchased by 

recipients of Federal financial assistance 

and projected to be purchased by 

recipients of Federal financial assistance 

in the near future. 

DATES: Comments must be received on 

or before December 26, 2023. Late-filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit comments by only one of 

the following ways: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590, between 9 a.m. and 5 p.m. E.T., 

Monday through Friday, except Federal 

holidays. The telephone number is (202) 

366–9329. 

• 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 the U.S. 

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 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 U.S. 

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 § 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 via 

mail or via email at brian.hogge@

dot.gov. 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 August 31, 2022, FHWA issued a 

notice of a proposed waiver of Buy 

America requirements for EV chargers, 

at 87 FR 53539 (‘‘Proposed Waiver’’). 

After reviewing the comments received, 

on February 21, 2023, FHWA 

established a BABA Implementation 

Plan for EV charging equipment through 

a temporary public interest waiver of 

Buy America requirements for steel, 

iron, manufactured products, and 

construction materials in EV chargers 

under 23 U.S.C. 313 and section 70914 


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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 77141 

1Pursuant to section 117(a)(2) of the SAFETEA– 

LU Technical Corrections Act of 2008, FHWA did 

not delay the effective date of its finding due to the 

requirement that it provide an opportunity for 

public comment. 

2The FAQs related to the Final Waver are 

available at: https://www.fhwa.dot.gov/ 

construction/contracts/buyam_qaev/buyam_

qaev.pdf. The FHWA has also issued other FAQs 

regarding Buy America, which can be found at: 

https://www.fhwa.dot.gov/construction/contracts/ 

buyam_qa.cfm. 

3For FHWA’s response that the waiver is contrary 

to Congressional intent in enacting section 165 of 

Continued 

of the Bipartisan Infrastructure Law 

(BIL), enacted as the Infrastructure 

Investment and Jobs Act (IIJA) (Pub. L. 

117–58), at 88 FR 10619 (‘‘Final 

Waiver’’). As of March 23, 2023 (the 

effective date), the Final Waiver applied 

to all EV chargers manufactured before 

July 1, 2024, whose final assembly 

occurs in the United States, and whose 

installation has begun by October 1, 

2024 (‘‘the Final Assembly Phase’’). 

Starting with EV chargers manufactured 

on or after July 1, 2024, FHWA will 

begin to phase out coverage of EV 

chargers under the Final Waiver, and 

the Final Waiver will then only apply to 

EV chargers manufactured on or after 

July 1, 2024, whose final assembly 

occurs in the United States, and for 

which the cost of components 

manufactured in the United States is at 

least 55 percent of the cost of all 

components (‘‘the 55 percent phase’’). 

Further, under the Final Waiver, if an 

EV charger’s housing is predominantly 

iron or steel, such housing is not 

covered by the Final Waiver at any time; 

instead, such housing must comply with 

FHWA’s existing Buy America 

requirements. 

The FHWA intends to issue at least 

one additional RFI before July 1, 2024. 

Comments Received After Issuance of 

Waiver 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244), upon publishing the Final 

Waiver in the Federal Register, FHWA 

provided an opportunity for public 

comment on this finding until March 

22, 2023.1 The FHWA received four 

comments during this period: one from 

the Information Technology Industry 

Council (ITI), one from an individual 

from the Vogel Group (Vogel), one from 

the Nucor Corporation (Nucor), and one 

from the Aluminum Extruders Council 

and Aluminum Extrusions Fair Trade 

Committee (AEC/AEFTC). As FHWA 

believes that communication and 

collaboration with stakeholders is key to 

ensuring that the Final Waiver both 

enables EV charger acquisition and 

installation to immediately proceed 

while also ensuring the application of 

Buy America to EV chargers, it is taking 

this opportunity to respond to these 

comments. 

The ITI commented that it supported 

the Final Waiver and urged the U.S. 

Government as a whole to consider 

waiving the application of BABA 

procurement preferences for 

information technology procured as part 

of infrastructure projects. The FHWA 

appreciates ITI’s support but issuing a 

governmentwide waiver is beyond the 

scope of this comment period and 

FHWA’s authority. 

Vogel commented that there is 

growing concern that there is not 

enough domestic capacity to meet the 

demand for the production of the 

housing of EV chargers in the United 

States and asked how FHWA plans to 

monitor the cost and availability of EV 

chargers if Buy America-compliant 

housing is not available. The FHWA 

would welcome data on this issue (see 

the questions for EV charger 

manufacturers below) and will use these 

biannual RFIs to monitor the cost and 

availability of EV chargers. Finally, 

Vogel questioned whether FHWA is 

prepared to act if a State applies for a 

waiver of Buy America requirements for 

the housing of an EV charger. The 

FHWA will respond to all waiver 

requests with respect to the housing of 

an EV charger in accordance with 

FHWA’s existing policies and 

applicable laws and regulations. 

Vogel also asked several questions 

regarding the Final Waiver’s 

applicability to the housing of EV 

chargers. In particular, Vogel questioned 

whether it is acceptable to manufacture 

housing components in the United 

States, export the housing components 

for partial assembly overseas, and then 

have the partially-completed charger 

imported for final assembly in the 

United States; what FHWA considers to 

be sufficient documentation that the 

housing components were produced in 

the United States before exportation; 

and what FHWA considers to be the 

steel or iron content that makes an EV 

charger’s housing predominantly iron or 

steel. To the extent that FHWA has not 

addressed these concerns in existing 

guidance documents discussing 

FHWA’s Buy America requirements, 

including the set of frequently asked 

questions (FAQs) responding to 

questions concerning the Final Waiver,2

FHWA will seek to do so in subsequent 

guidance documents. In this RFI, FHWA 

also invites comments on these FAQs as 

it works to develop additional guidance 

that is useful for stakeholders to achieve 

the Final Waiver’s goals of enabling EV 

charger acquisition and installation to 

quickly proceed while ensuring the 

application of Buy America to EV 

chargers. 

Nucor and the AEC/AEFTC both 

provided similar comments, which 

largely repeated concerns raised in their 

separate comments on the Proposed 

Waiver. Both commenters repeated that 

the Final Waiver is contrary to 

Congressional intent in enacting BIL, 

where Congress found, in section 

70911(4), that ‘‘entities using taxpayerfinanced Federal assistance should give 

a commonsense procurement preference 

for the materials and products produced 

by companies and workers in the United 

States.’’ Nucor further added that the 

Final Waiver is contrary to 

Congressional intent in enacting section 

165 of the Surface Transportation 

Assistance Act of 1982 (Pub. L. 97–424), 

which expanded Buy America coverage 

to steel products. The AEC/AEFTC 

commented that the Final Waiver is 

generally contrary to the 

Administration’s policy of maximizing 

the use of American products in 

federally funded infrastructure and 

promoting domestic manufacturing in 

clean energy. Nucor and AEC/AEFTC 

also reiterated their concerns, stated in 

their comments to the Proposed Waiver, 

regarding the perceived unlimited 

duration of the Final Waiver, as both 

commenters stated that there is no end 

date specifically provided in the Final 

Waiver. 

Nucor also repeated the claim it made 

in the Proposed Waiver that the Final 

Waiver is contrary to the 

Administration’s policy of promoting 

clean energy because it allows for the 

use of imported steel, which prioritizes 

environmentally unfriendly foreign steel 

at the expense of cleaner America-made 

steel. Nucor further repeated that FHWA 

has successfully applied its Buy 

America requirements to steel 

components and subcomponents of 

manufactured products for decades, that 

suppliers of FHWA products have 

needed to comply with these 

requirements for years, and that there is 

nothing unique about steel used in EV 

chargers that would make compliance 

more difficult. Finally, Nucor repeated 

its belief that domestic steel for use in 

EV chargers is readily available. 

As these comments from Nucor and 

the AEC/AEFTC repeat what these 

commenters provided in response to the 

Proposed Waiver, which FHWA 

responded to in issuing the Final 

Waiver, FHWA does not find it 

necessary to provide further detailed 

responses.3


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77142 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 

the Surface Transportation Assistance Act of 1982 

and BIL and Administrative policy regarding 

domestic production, see id. At 10623. For FHWA’s 

response to Nucor’s comment regarding the 

perceived unlimited duration of the waiver, see id. 

At 10622–23. For FHWA’s response to Nucor’s 

claims on the environmental impacts of foreign 

steel, see 88 FR at 10624. For FHWA’s response to 

Nucor’s comment that FHWA has successfully 

applied its Buy America requirements to steel 

components of manufactured products for decades, 

see id. At 10624. For FHWA’s response that there 

is nothing unique about steel used in EV chargers 

that would make compliance more difficult, see id. 

For FHWA’s response to Nucor’s comment that 

domestic steel for use in EV chargers is readily 

available, see id. At 10632–33. The FHWA notes 

that in response to comments by Nucor and others 

that the domestic steel industry has the capacity to 

supply steel for use in EV chargers, FHWA 

determined that it was not in the public interest to 

apply the waiver to the housing of an EV charger 

if it is predominantly iron or steel. 

The AEC/AEFTC emphasized that it 

strongly opposes the Final Waiver’s 

coverage of aluminum extrusions used 

in EV chargers. The AEC/AEFTC opined 

that aluminum extrusions—used in EV 

chargers and components of EV 

chargers—are readily available from 

domestic sources. While this may be 

true, removing aluminum extrusions 

from coverage under this waiver would 

mean that these extrusions would need 

to comply with existing Buy America 

requirements under 23 U.S.C. 313 and 

section 70914 of BIL, and it is not clear 

to FHWA whether the domestic supply 

of aluminum extrusions mentioned by 

AEC/AEFTC comply with these 

requirements. The comment did not 

provide data on whether all 

manufacturing processes used to make 

aluminum extrusions occurred in the 

United States, nor did it state the 

amount of extrusions that are produced 

in compliance with Buy America 

requirements and the amount required 

by the EV charger industry for FHWA to 

ensure that removing coverage of 

extrusions from the Final Waiver would 

not detrimentally impact the delivery of 

EV infrastructure projects. 

Request for Information 

In the Final Waiver, FHWA 

announced that it would conduct 

biannual RFIs during the final assembly 

phase to assess industry progress on 

producing an EV charger that would 

conform with the 55 percent phase and 

determine whether the EV charger 

industry is on track to meet the timeline 

set out in the Final Waiver. As stated in 

the Final Waiver, based on the 

information received in response to 

these RFIs, FHWA may modify the start 

date of the 55 percent phase after 

providing adequate notice of its 

intention to do so. Under the 55 percent 

phase, as laid out in the Final Waiver, 

EV chargers that are manufactured on 

and after July 1, 2024, would conform 

with the Final Waiver only if final 

assembly occurs in the United States 

and the cost of components 

manufactured in the United States 

exceeds 55 percent of the cost of all 

components. 

The FHWA encourages commenters to 

share all information responsive to the 

questions below, including confidential 

information. Doing so will allow FHWA 

a complete picture of the current state 

of the domestic EV charger industry and 

its anticipated ability to meet 55 percent 

domestic content standard by July 1, 

2024, as provided in the final waiver. 

The FHWA therefore encourages 

detailed responses where possible, 

including confidential information 

where applicable, from all stakeholders 

to ensure that FHWA has a complete 

picture of the domestic EV charging 

industry. 

The FHWA requests information on 

the following questions. Please indicate 

in your written response which 

question(s) you are answering. The 

FHWA encourages stakeholders to 

answer as many questions as possible. 

EV Charger Manufacturers 

1. Approximately how many EV 

chargers have you manufactured since 

the beginning of calendar year 2023 

until now that are ready for installation? 

What are the charger types (i.e., directcurrent fast chargers (DCFC) or 

alternating-current level 2 (ACL2) 

chargers) and specifications (e.g., 

maximum charging power, connector 

type)? 

a. Of the chargers manufactured since 

the beginning of calendar year 2023 

until now that are ready for installation, 

how many have final assembly occur in 

the United States and have the housing, 

if predominantly iron or steel, comply 

with FHWA’s existing Buy America 

requirements? What are the types of 

these chargers (i.e., DCFC or ACL2 

chargers) and specifications (e.g., 

maximum charging power, connector 

type)? 

b. Of the chargers manufactured since 

the beginning of the calendar year until 

now that are ready for installation, how 

many have final assembly occur in the 

United States; have the housing, if 

predominantly iron or steel, comply 

with FHWA’s existing Buy America 

requirements; and have the cost of 

components manufactured in the United 

States be at least 55 percent of the cost 

of all components? What are the types 

of these chargers (i.e., DCFC or ACL2 

chargers) and specifications (e.g., 

maximum charging power, connector 

type)? 

2. Of the EV chargers you have 

manufactured since the beginning of 

calendar year 2023 until now that are 

ready for installation, how many are 

intended to be compliant with FHWA’s 

NEVI Standards and Requirements (23 

CFR part 680)? 

a. Of these NEVI-compliant chargers 

referred to in question 2, how many 

have final assembly occur in the United 

States and have housing, if 

predominantly iron or steel, that 

complies with FHWA’s existing Buy 

America requirements? What are the 

charger types (i.e., DCFC or ACL2 

chargers) and specifications (e.g., 

maximum charging power, connector 

type)? 

b. Of these NEVI-compliant chargers 

referred to in question 2, how many 

have final assembly occur in the United 

States; have housing, if predominantly 

iron or steel, that complies with 

FHWA’s existing Buy America 

requirements; and have the cost of 

components manufactured in the United 

States be at least 55 percent of the cost 

of all components? What are the charger 

types (i.e., DCFC or ACL2 chargers) and 

specifications (e.g., maximum charging 

power, connector type)? 

3. What is the average time between 

when a charger is ordered and when it 

is finished being manufactured? What is 

the average time between when a 

charger is ordered and when it is 

shipped? Do these times vary? If so, 

why? 

4. Approximately how many EV 

chargers do you expect to produce from 

now until June 30, 2024? What do you 

expect the charger types (i.e., DCFC or 

ACL2 chargers) and specifications (e.g., 

maximum charging power, connector 

type) to be? 

5. Of the chargers expected to be 

produced from now until June 30, 2024, 

how many are expected to be compliant 

with FHWA’s NEVI Standards and 

Requirements (23 CFR part 680)? 

a. Of the NEVI-compliant chargers 

expected to be produced from now until 

June 30, 2024, how many are expected 

to have final assembly occur in the 

United States and have housing, if 

predominantly iron or steel, that 

complies with FHWA’s existing Buy 

America requirements? What are the 

expected charger types (i.e., DCFC or 

ACL2 chargers) and specifications (e.g., 

maximum charging power, connector 

type)? 

b. Of the NEVI-compliant chargers 

expected to be produced from now until 

June 30, 2024, how many are expected 

to have final assembly occur in the 

United States; have housing, if 

predominantly iron or steel, that 

complies with FHWA’s existing Buy 


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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 77143 

America requirements; and have the 

cost of components manufactured in the 

United States be at least 55 percent of 

the cost of all components? What are the 

expected charger types (i.e., DCFC or 

ACL2 chargers) and specifications (e.g., 

maximum charging power, connector 

type)? 

6. For chargers expected to be ordered 

from now until June 30, 2024, what is 

the average expected time between 

when a charger is ordered and when its 

manufacture is complete? What is the 

average expected time between when a 

charger is ordered and when it is 

shipped? Do you expect that these times 

will vary? If so, why? 

7. How have Federal incentives for 

EVs and EV charging infrastructure 

(such as the EV tax credits included in 

the Inflation Reduction Act (Pub. L. 

117–169) and the Federal funding for 

EV charging infrastructure included in 

BIL) affected your business plans and 

models? To what extent have they 

supported or inhibited expansion or 

onshoring of your operations? 

8. Will you be able to supply EV 

chargers to all 50 States, as well as the 

District of Columbia and Puerto Rico? 

Have you experienced or do you expect 

to experience any limitations to 

distributing EV chargers to certain 

locations? If so, what are these 

limitations? 

9. What obstacles, if any, have you 

encountered in conducting final 

assembly of EV chargers in the United 

States? What obstacles do you expect to 

face in the future? 

10. What costs have you incurred in 

manufacturing EV chargers that comply 

with the Final Waiver? What costs do 

you expect to incur? 

11. What obstacles, if any, have you 

encountered in manufacturing EV 

chargers where the cost of components 

manufactured in the United States is at 

least 55 percent of the cost of all 

components? What obstacles do you 

expect to face in the future? 

12. What obstacles, if any, have you 

encountered in manufacturing EV 

chargers where the housing, if 

predominantly iron or steel, complies 

with FHWA’s existing Buy America 

requirements? 

13. What benefits have you achieved 

by producing EV chargers in the United 

States compared to abroad (e.g., jobs 

created, wages paid, innovations 

spurred, more reliable supply chains, 

lower transportation costs)? 

14. Are there any components 

currently manufactured outside of the 

United States that could be 

manufactured in the United States at 

reasonable cost but are not? If yes, what 

are those components, and why do you 

believe that they are not being 

manufactured in the United States? 

15. What steps can be taken to 

increase the number of EV chargers that 

have final assembly occur in the United 

States; have the cost of components 

manufactured in the United States be at 

least 55 percent of the cost of all 

components; and, if the housing is 

predominantly iron or steel, have 

housing that complies with FHWA’s 

existing Buy America requirements? 

How long might it take to undertake 

those steps? 

16. What is the volume of EV chargers 

that could be shifted to being 

manufactured to the specifications 

stated in question 15? How long would 

that shift take? How many EV chargers 

could be manufactured if that shift 

occurred and over what time period? 

For Recipients of Federal Financial 

Assistance 

17. Please identify all EV charger 

manufacturers currently selling, 

manufacturing, or operating EV chargers 

in the United States, of which you are 

aware. 

18. Which EV charger manufacturers 

are you aware of that produce an EV 

charger where final assembly occurs in 

the United States and where, if the 

housing is predominantly iron or steel, 

the housing complies with BABA’s iron 

and steel standards? Which EV 

manufacturers are you aware of that 

produce an EV charger where final 

assembly occurs in the United States; 

where the cost of components 

manufactured in the United States is at 

least 55 percent of the cost of all 

components; and where, if the housing 

is predominantly iron or steel, the 

housing complies with FHWA’s existing 

Buy America requirements? 

19. What sources of Federal financial 

assistance have you used to purchase 

EV chargers from the beginning of 

calendar year 2023 until now? For each 

source, please list the specific source of 

Federal financial assistance (e.g., FHWA 

NEVI funds, EPA Clean School Bus 

Program funds), include the number of 

EV chargers purchased using that source 

of funds, the charger types purchased 

(i.e., DCFC or ACL2 chargers) and their 

specifications (e.g., maximum charging 

power, connector type)? 

20. How many EV chargers do you 

expect to purchase from now until June 

30, 2024, using Federal financial 

assistance? Please list all sources of 

Federal funding used (e.g., FHWA NEVI 

funds, EPA Clean School Bus Program 

funds). For each source, please include 

the number of EV chargers purchased 

using that source of funds, the charger 

types purchased (i.e., DCFC or ACL2 

chargers) and their specifications (e.g., 

maximum charging power, connector 

type)? 

21. What is the average time between 

when EV chargers are purchased and 

when they are delivered? What is the 

average time between when EV chargers 

are purchased and when they are 

installed and operational? Have you 

found these times to vary? If so, why do 

you believe this is the case? 

22. Have you received different cost 

estimates for EV chargers manufactured 

before and after the publication of the 

Final Waiver on February 21, 2023? If 

so, what is the difference? 

23. Have you received different 

delivery time estimates for EV chargers 

manufactured before and after the 

publication of the Final Waiver on 

February 21, 2023? If so, what is the 

difference? 

24. Has any difficulty in procuring 

chargers that are compliant with the 

Final Waiver caused you to slow your 

implementation of EV charging? If so, 

how many chargers were affected and 

how long was the delay? 

General 

25. The FHWA also requests 

comments on the FAQs on Buy America 

requirements for EV chargers that are 

posted at https://www.fhwa.dot.gov/ 

construction/contracts/buyam_qaev/ 

buyam_qaev.pdf, as well as any 

additional issues or topics that you 

believe would be useful for FHWA to 

address in subsequent guidance. In 

providing such comments, please refer 

to the specific question number in the 

FAQs that you are commenting on. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.85. 

Shailen P. Bhatt, 

Administrator, Federal Highway 

Administration. 

[FR Doc. 2023–24696 Filed 11–7–23; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2015–0036] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on October 13, 2023, Union Pacific 

Railroad Company (UPRR) petitioned 

the Federal Railroad Administration 

(FRA) for an extension of a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 232 (Brake 


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