[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Pages 31931-31936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 http://www.regulations.gov/, 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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