Comment from American Association of Airport Executives (AAAE)

Please see attached for comments from the American Association of Airport Executives (AAAE).

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0085

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Comment from Alliance for American Manufacturing

Alliance for American Manufacturing comment attached.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0084

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Comment from Los Angeles World Airports - Los Angeles, CA

Los Angeles World Airports (LAWA) is pleased to submit these comments supporting the United States Department of Transportation’s (Department) April 28, 2022, proposal to establish a temporary public interest waiver for Buy America requirements that apply to construction materials. We also request that the Department: (1) expand the public interest waiver to include manufactured products; and (2) extend the waiver’s expiry date until the Department can complete assessments of the availability of construction materials and manufactured products meeting Buy America requirements. We also urge the Department not to shorten the transitional waiver or narrow its applicability until the Department and stakeholders feel comfortable moving forward with the ultimate enforcement and compliance mechanisms set forth after the engagement and waiver period. We have a real concern that the New Buy America requirements and subsequently “Build America, Buy America” (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA) further modify the current and federal requirements, and will pose challenges to deliver our ambitious infrastructure projects in timely and cost-efficient manner in accordance with the policy goals underlying the IIJA.

We request that the duration of the waiver be extended beyond 180 days if additional time is needed to collect necessary data and conduct market surveys to establish that inclusion of construction materials will not adversely impact airport capital project delivery.

Please see letter attachment for the full extent of our comments.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0083

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Comment from North County Transit District

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0080

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Comment from Municipal Castings Association (MCA)

Please see attached comments of the Municipal Castings Association to Docket No.: DOT-OST-2022-0047

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0079

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Comment from Advanced Drainage Systems, Inc.

Advanced Drainage Systems, Inc.(ADS) has the following comments to the proposed temporary waiver:
1) ADS thermoplastic pipe constitutes a manufactured product under the OMB’s interim guidance
2) Significant, industry wide supply chain challenges merit a 180-day waiver of Buy America requirements for ADS’s thermoplastic pipe.

Additional detail is provided in the attached letter.

Regards,

Greg Baryluk, PE
Director of Quality
Advanced Drainage Systems, Inc.
Advanced Drainage Systems, Inc. (ADS) is requesting that a temporary waiver be issued to postpone implementation of the IIJA’s Buy America requirements for construction materials until 180 days after May 14, 2022.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0061

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Comment from National Association of Waterfront Employers

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0067

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Comment from California Transit Association

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0072

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Comment from Office of the Governor of Guam

Please see the attached comment from Governor Lou Leon Guerrero.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0065

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Comment from Commercial Metals Company

On behalf of Commercial Metals Company, we hereby submit the following comments to the Department of Transportation on its Notice of Proposed Temporary Waiver of Buy America Requirements for Construction Materials (Docket No.: DOT-OST-2022-0047).

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0071

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Comment from New York City Department of Transportation

Please find attached comments from the New York City Department of Transportation.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0066

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Comment from Wyoming Department of Transportation

Please see the attached comment from the Wyoming Department of Transportation

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0078

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Comment from The Northwest Seaport Alliance

See attached for comments from The Northwest Seaport Alliance.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0063

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Comment from Michigan Department of Transportation

Please find Michigan DOT's comments attached.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0054

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Comment from American Association of State Highway and Transportation Officials

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0076

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Comment from American Road & Transportation Builders Association (ARTBA)

Please find attached the comments of the American Road & Transportation Builders Association (ARTBA) regarding Docket No. DOT-OST-2022-0047. If you have any questions regarding or problems with the attached document, please call (202) 683-1005 or email ngoldstein@artba.org.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0074

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Comment from SKAPS Industries

Attached is the document with comments on Notice of Proposed Temporary Waiver of Buy America Requirements for Construction Materials.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0062

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Comment from Maryland SHA, Office of Policy and Research

Questions / Comments for the docket:

1.What standardized Buy America compliance statement(s) or phrases will be required on certifications and material test reports for items in Category 2 (Manufactured Products) and Category 3 (Construction Materials)? Are there specific statements, FHWA would like to see on documents?
2.What happens in six (6) months (180 days) when sectors of industry cannot meet the requirements and the proposed temporary waiver expires?
3.What additional compliance mechanisms will need to be in place to meet these requirements for the different categories of materials?
4.Bauxite, which is used for High Friction Surface Treatment Aggregates, is imported from China. Currently, there does not appear to be any local alternative to bauxite for high friction surface treatments. A waiver for bauxite material is needed.
5.Will Precast/Prestressed Manufacturers require a Buy America statement on their certifications to the project?
6.Under the November 25, 1983 original rule items such as Tie Wire, lifting hooks, and chairs are excluded from Buy America, will this be continued during the manufacturing process for precast/prestressed concrete?
7.Carbon Fiber Strands that are used for Prestressed Beams when specified will require a “nonavailability waiver” since they are manufactured in Japan. Carbon Fiber Strand was used in the Harry Nice Bridge project.
8.Is there sufficient “domestic” availability of manufacturers and products in place to meet these requirements? For example, it is not clear at this stage if some of the approved Geotextile products are imported from other countries. Also, there is not enough supply in US of asphalt binders and additives to modify asphalt binders. A waiver for this category from Buy America program may be necessary.
9.During this waiver period, will US DOT meet with the State DOTs and provide further guidance on expectations?
10.Will DOT staff be involved on the panels and group meetings during the Waiver period as this is progressing?
11.Determining that 55% of the total manufactured product cost is manufactured in the United States will be a challenge. Does FHWA have any additional clarification on this expectation? (M-22-11 - Initial Implementation Guidance for Buy America Preference, page 21, (2)).
12.With regards to future waiver requests as noted in the attached M-22-11, page 8, is there a proposed timeline from application to appropriate response?
13.How will these requirements be applied and enforced consistently across the various State DOTs during and after the waiver period?
14.We have been informed that Electric Vehicle (EV) Charging Stations are not American made. Will there be guidance forthcoming on items and materials that may not be manufactured in the US?

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0068

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Comment from American Association of Port Authorities

See attached comments.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0077

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Comment from American Iron and Steel Institute

Attached please find the comments of the American Iron and Steel Institute (AISI) to the Department of Transportation on the Notice of Proposed Temporary Waiver of Buy America Requirements for Construction Materials (Docket No.: DOT-OST-2022-0047) (“Proposed temporary waiver”).

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0075

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Comment from Laborers' International Union of North America

Comments from LIUNA.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0069

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Comment from Maryland SHA, Office of Policy and Research

Maryland DOT SHA Comments for Buy America

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0056

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Comment from Alabama Department of Transportation

Attached for consideration by OST in this docket are the comments of the Alabama Department of Transportation (ALDOT). ALDOT thanks USDOT for the opportunity to comment and requests that further action on the subject matter of this docket be based on these comments.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0057

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Comment from Oklahoma Department of Transportation

See attached letter

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0059

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Comment from Greater Orlando Aviation Authority

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0055

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Comment from R. J. Watson, Inc.

R. J. Watson, Inc. is a domestic manufacturer of bridge bearing devices in the USA and is a proud member of the American Institute of Steel Construction. We wholeheartedly support their position on the Notice of Proposed Temporary Waiver of Buy America Requirements for Construction Materials.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0048

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Comment from Transportation Trades Department, AFL-CIO

See Attched

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0051

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Comment from Georgia Department of Transportation

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0045

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Comment from Capital Metropolitan Transportation Authority

Please see attached comment on behalf of Capital Metropolitan Transportation Authority (CapMetro).

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0049

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Comment from Sun Chemical Corp.

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0047

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Comment from Spring City Electrical Mfg/ Co.

Comment of Spring City Electrical Mfg. Co.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0050

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INCOG Transportation Division

See Attached

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0039

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Comment from American Public Transportation Association

APTA Comments

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0043

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Comment from National Association of Counties

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0041

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Comment from American Institute of Steel Construction

Comment from the American Institute of Steel Construction attached.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0042

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Comment from Utah Department of Transportation

The Utah Department of Transportation submits the attached comments.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0036

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Comment from New York Metropolitan Transportation Authority (MTA)

Please see the attached comments on behalf of the New York Metropolitan Transportation Authority (MTA).

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0037

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Comment from National Asphalt Pavement Association

See attached file

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0034

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Comment from Portland Cement Association

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0035

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Comment from Delaware Department of Transportation

See attached file

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0038

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Comment from Washington Metropolitan Area Transit Authority

Please see attached comment on behalf of the Washington Metropolitan Area Transit Authority (WMATA)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0032

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Comment from United Steelworkers

See attached file(s) from United Steelworkers' Director of Regulatory and State Policy, Anna Fendley

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0031

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Comment from Utah Transit Authority

See attached file: UTA strongly supports DOT's 180-day waiver of the new requirement that construction materials must be manufactured in the U.S. This extension will give agencies a more appropriate amount of time to prepare for compliance, allow more time for supply chains to loosen up, and give domestic manufacturers the flexibility to ramp up their capabilities. UTA will continue evaluating the guidance and will submit further comments should it identify areas
of insufficient domestic availability.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0029

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Comment from Port Authority of Guam

Please see attached file titled: Port Authority of Guam Comments_Docket DOT-OST-2022-0047

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0026

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Comment from Washington State Department of Transportation

Washington State Department of Transportation Comments on "Notice of Proposed Temporary Waiver of Buy America Requirements for Construction Materials".

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0027

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Comment from Information Technology Industry Council

The Information Technology Industry Council (ITI) is pleased to submit the attached comments.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0022

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Comment from A.B. Won Pat International Airport Authority, Guam

The Antonio B. Won Pat International Airport Authority, Guam (GIAA) hereby submits these comments supporting the U.S. Department of Transportation’s (the Department’s) April 28, 2022 proposal to establish a temporary waiver of Buy America requirements for construction materials. We understand the intent of the new Buy America requirements articulated by President Biden under Executive Order 14005 and codified under Public Law 117–58, “Infrastructure Investment and Jobs Act,” however, these articles pose challenges to GIAA in our ability to deliver high-quality infrastructure projects by the policy goals underlying the IIJA.

An essential facility provider, we are the gateway to Micronesia and an economic driver in the region which includes the Commonwealth of the Northern Marianas Island (CNMI), the Federated States of Micronesia, and the Republic of Palau. Classified as a “small-hub” airport by the Federal Aviation Administration (FAA), we are part of the National Plan for Integrated Airport Systems (NPIAS) enabling us to be eligible for federal funding. Over the past decade, GIAA has transformed Guam’s only commercial airport into a modern, state-of-art international airport with world-class amenities that before the COVID-19 Pandemic, annually exceeded 3 million passenger movements, 20,000 metric tons of cargo, and more than 50,000 flight movements to 24 destinations including Hawaii, Japan, Korea, China, Taiwan, Philippines, and Australia.

Over $900 million has been invested into this critical economic driver. An additional $160 million in federally funded capital improvement projects are expected to commence or be completed over the next five years. The specialized nature of these infrastructure systems often means that domestic components are not available in sufficient quantities to complete projects if they are available at all. If they are available, then we are subjected to utilizing only U.S. flag shipping companies from the mainland U.S. to Guam, which can be very costly due to the laws that protect our nation’s flag carriers. Moreover, depending on the routing of the vessel, shipments may take more than 30-days to arrive in Guam, particularly if the U.S. flag vessel transits via Asia ports.

Guam is going through a transformational process due in large part to the largest realignment of military assets in decades with the relocation of over 7,000 military personnel, their dependents, and other civilian support activities from Okinawa, Japan. This increased military posture is part of the Department of Defense’s (DOD) Indo-Pacific strategy and is evident in the numerous ongoing contracts or the planning stages of projects necessary for this realignment of military assets. The proposed Buy America Requirements for Construction Materials may drive up the cost of these military contracts as well.

To underscore GIAA’s position, we want to highlight Guam’s remoteness and geographical isolation as an island economy. Guam is currently serviced directly by one U.S. Flag shipping company, Matson Navigation. American President Lines is the other U.S. flag company but transits via Asia. Because of the laws that protect U.S. Flag carriers, this adversely impacts the cost of shipping from the U.S. to Guam. This limited capacity, in an oligopolistic environment, equals higher shipping costs which have been recently exacerbated due to the surge in fuel prices. Much of these costs are inevitably passed on to the residents and businesses of Guam to pay. Higher prices discourage business opportunities which are critical to sustainable economic prosperity for Guam. However, with a waiver granted to Guam from the Buy America requirements, these costs may be averted due to the proximity of construction materials manufactured and shipped directly from Asia, in compliance with applicable U.S. standards.

In consideration of the foregoing, GIAA supports the Department’s proposal to establish a temporary public interest waiver for construction materials for a period expiring 180 days after May 14, 2022. Furthermore, GIAA humbly requests the department extend the duration beyond the 180 days and consider permanently waiving the requirements for the Territory of Guam (and the Commonwealth of the Northern Marianas) in conformance with the provisions of 49 U.S.C. 5323 § (j)(2)(B) & (D):
(B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; and
(D) including domestic material will increase the cost of the overall project by more than 25%.

We implore the Department to pursue this action as it will significantly benefit Guam and CNMI through the reduction of construction material and transportation costs relative to the upcoming and ongoing projects in the region. We thank you for the opportunity to provide our comments and look forward to your favorable consideration of this request.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0028

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Comment from Cure SMA

Cure SMA, the leading national organization that supports and advocates for individuals with spinal muscular atrophy (SMA), is pleased to share feedback from the SMA community on the U.S. Department of Transportation’s (DOT) proposed rule related to accessible lavatories on single-aisle aircraft (Part 2), which represents a long overdue step forward. However, the SMA community's top priority related to accessible air travel is make it possible for a person with SMA and others to use their own power wheelchair as their in-cabin passenger seat. Thank you for the opportunity to share the SMA community's views.

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2021-0137-0186

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Comment from USA Maritime

See attached file(s)

Comment Date:2022-05-13T04:00:00Z

Comment On Document ID:DOT-OST-2022-0047-0023

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