Buy America Request for Information

Citation86 FR 67115
Record Number2021-25717
Published date24 November 2021
SectionNotices
CourtTransportation Department
67115
Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices
has driven straight trucks for 5 years,
accumulating 75,000 miles and tractor-
trailer combinations for 5 years,
accumulating 90,000 miles. He holds a
Class A CDL license from West Virginia.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Ryan K. Terrill
Mr. Terrill, 34, has a retinal
detachment in his right eye due to a
traumatic incident in 2010. The visual
acuity in his right eye is no light
perception, and in his left eye, 20/20.
Following an examination in 2021, his
optometrist stated, ‘‘In my medical
opinion, Ryan Terrill has sufficient
vision to perform the driving tasks
required to operate a commercial motor
vehicle.’’ Mr. Terrill reported that he
has driven straight trucks for 13 years,
accumulating 2,600 miles. He holds an
operator’s license from Vermont. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Darrin Wilson
Mr. Wilson, 55, has amblyopia in his
right eye due to degenerative myopia
during childhood. The visual acuity in
his right eye is counting fingers, and in
his left eye, 20/20. Following an
examination in 2021, his optometrist
stated, ‘‘He demonstrates sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Wilson reported that he
has driven straight trucks for 8 years,
accumulating 70,844 miles. He holds a
Class B CDL from Washington. His
driving record for the last 3 years shows
one crash, which he was not cited for,
and no convictions for moving
violations in a CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments and material received before
the close of business on the closing date
indicated under the
DATES
section of the
notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–25634 Filed 11–23–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2021–0014]
Request for Information on Title VI
Implementation
AGENCY
: Federal Transit Administration,
United States Department of
Transportation (DOT).
ACTION
: Notice of extension of comment
period.
SUMMARY
: The Federal Transit
Administration (FTA) is extending the
comment period for the request for
information (RFI) regarding FTA’s Title
VI implementation, which was
published on November 3, 2021, with
the original comment period closing on
December 3, 2021.
DATES
: Comments are requested by
January 3, 2022.
ADDRESSES
: You may file comments
identified by docket number FTA–
2021–0014 by any of the following
methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Ave. SE, between 9:00
a.m. and 5:00 p.m. ET, Monday through
Friday, except Federal holidays.
Fax: (202) 493–2251.
Instructions: To ensure that your
comments are filed correctly, please
include the docket number provided
[FTA–2021–0014] in your comments. If
submitting via mail, hand delivery, or
courier, please provide two printed
copies. Comments received may be read
at the Docket Management Facility, U.S.
Department of Transportation, 1200
New Jersey Ave. SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001. The hours
of the docket are indicated above in the
same location. Comments may also be
viewed on the internet, identified by the
docket number at the heading of this
notice, at www.regulations.gov. Note
that all comments received will be
posted without change to
www.regulations.gov, including any
personal information provided.
Privacy Act: Except as provided
below, all comments received into the
docket will be made public in their
entirety. The comments will be
searchable by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You should not include
information in your comment that you
do not want to be made public. You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or at
www.transportation.gov/privacy.
FOR FURTHER INFORMATION CONTACT
:
Richie Nguyen, FTA Office of Civil
Rights, 1200 New Jersey Avenue SE,
Washington, DC 20590, (202) 366–2689
or richie.nguyen@dot.gov.
SUPPLEMENTARY INFORMATION
: In a letter
submitted to the docket dated November
18, 2021, the American Public
Transportation Association (APTA), on
behalf of more than 1,300 member
organizations, requested a 30-day
extension of the comment period
seeking input on Title VI
implementation published in the
Federal Register on November 3, 2021
(86 FR 60735). As justification for this
extension, APTA cited the upcoming
holidays, increased grant activity with
the recent signing of the recent
infrastructure law, and ongoing
responses to the COVID–19 pandemic as
pulling transit systems in many
directions. APTA believes an extension
of time would facilitate its members’
ability to formulate thoughtful and
proactive comments responsive to
FTA’s request for information.
Given the importance of Title VI
implementation and the desire for a
robust dialogue on a possible update of
FTA’s Title VI Circular, FTA believes an
extension of time is justified, and an
additional 30 days in which to submit
comments is adequate. FTA is not
republishing the Questions to the Public
in this document. Instead, please refer
to the November 3, 2021 RFI (86 FR
60735) to view the original questions
regarding Title VI implementation.
Scott Giering,
Deputy Associate Administrator for Civil
Rights.
[FR Doc. 2021–25706 Filed 11–23–21; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF ENERGY
[Docket No. FHWA–2021–0015]
Buy America Request for Information
AGENCY
: U.S. Department of
Transportation (DOT), U.S. Department
of Energy. (DOE).
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1
White House Fact Sheet: Biden Administration
Advances Electric Vehicle Charging Infrastructure
(Apr. 22, 2021), available at https://
www.whitehouse.gov/briefing-room/statements-
releases/2021/04/22/fact-sheet-biden-
administration-advances-electric-vehicle-charging-
infrastructure/.
ACTION
: Notice; request for information
(RFI).
SUMMARY
: Reshaping the United States
transportation system with electric
vehicle (EV) charging infrastructure is
an important part of the solution to the
climate crisis. EV charger
manufacturing, assembly, installation,
and maintenance all have the potential
to not only support policies on
sustainability and climate, but also to
create good-paying, union jobs in the
United States. This RFI is intended to
gather information on shifting
manufacturing and assembly processes
to the United States considering the
bold investment planned in EV
charging. DOT and DOE (the Agencies)
are interested in hearing from the
public, including stakeholders (such as
State and local agencies, the EV charger
manufacturing industry, component
suppliers, labor unions, related
associations, and transportation
advocates), on the availability of EV
chargers manufactured and assembled
in the United States, including whether
they comply with applicable Buy
America requirements.
DATES
: Comments must be received on
or before January 10, 2022.
ADDRESSES
: To ensure that you do not
duplicate your docket submissions,
please submit all comments by only one
of the following ways:
D Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for submitting
comments.
D Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590–0001.
D Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Ave. SE, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
D Instructions: You must include the
agency name and the docket number,
FHWA–2021–0015, at the beginning of
your comments. All comments received
will be posted without change to
www.regulations.gov, including any
personal information provided.
D Privacy Act: Except as provided
below, all comments received into the
docket will be searchable by the name
of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or at www.regulations.gov/
privacy.
FOR FURTHER INFORMATION CONTACT
: For
questions about this RFI, 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. Patrick C.
Smith, FHWA Office of the Chief
Counsel, 202–366–1345, or via email at
Patrick.C.Smith@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
A copy of this Notice, all comments
received on this Notice, and all
background material may be viewed
online at https://www.regulations.gov
using the docket number listed above.
Electronic retrieval help and guidelines
are also available at https://
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
database 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 RFI
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 RFI, it is important
that you clearly designate the submitted
comments as CBI. Pursuant to 49 CFR
190.343 and 10 CFR 1004.11, you may
ask DOT and DOE 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 the Agencies,
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. Unless you are notified
otherwise, the Agencies will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this RFI.
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 the Agencies receive
that are not specifically designated as
CBI will be placed in the public docket
for this matter.
General Summary
The President has laid out a bold
vision for making transformative
transportation investments to support
job growth and reshape the U.S.
transportation system to support a
sustainable energy and climate future.
The President has set the ambitious goal
of building a new national network of
500,000 EV chargers by 2030.
1
The
Infrastructure Investment and Jobs Act
(IIJA) includes $7.5 billion to build out
electric vehicle charging across the
nation to make the bold vision a reality.
EV charger manufacturing, assembly,
installation, and maintenance all have
the potential to not only support the
President’s policies on sustainability
and climate, but also to create good-
paying, union jobs in the United States.
Currently, the Agencies have limited
information on the manufacturing and
assembly of EV chargers, such as
whether EV chargers manufactured in
the United States can comply with
applicable Buy America requirements.
This RFI is intended to: (i) Help the
Agencies better understand whether and
to what extent domestic sourcing is
available now or may be possible in the
future for EV charging equipment and
components; (ii) ensure domestic
manufacturers have the opportunity to
identify any EV charger meeting
applicable Buy America requirement;
(iii) ensure domestic manufacturers
have the opportunity to identify any EV
charger that could meet a domestic final
assembly condition, and identify the
portion of components that meet a
domestic final assembly condition; and
(iv) highlight benefits of shifting
manufacturing and assembly processes
to the United States considering the
bold investment planned in this area.
The investment in EV chargers in the
Bipartisan Infrastructure Deal
(Infrastructure Investment and Jobs Act,
H.R. 3684, 117th Cong. (2021))
(hereinafter referred to as the BID), can
create good-paying, union jobs in
America for installation and
maintenance that cannot be outsourced.
Moreover, domestic jobs may also be
created to manufacture domestically
available components of those systems.
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2
White House FACT SHEET: Biden
Administration Advances Electric Vehicle Charging
Infrastructure, Apr. 22, 2021. https://
www.whitehouse.gov/briefing-room/statements-
releases/2021/04/22/fact-sheet-biden-
administration-advances-electric-vehicle-charging-
infrastructure/.
3
See https://www.fhwa.dot.gov/programadmin/
contracts/122297.cfm; and Question #12, at https://
www.fhwa.dot.gov/construction/contracts/buyam_
qa.cfm.
The Agencies are seeking information
on the potential benefits to the domestic
EV industry of bringing more EV
charging equipment manufacturing and
assembly to the United States. By
shifting manufacturing and assembly
processes to the United States for EV
chargers as soon as is practicable, and
making necessary arrangements with
vendors to obtain appropriate
certifications showing Buy America
compliance for steel and iron
components, domestic manufacturing
firms have potential to obtain significant
first-adopter benefits from the bold
investments planned in EV charging
infrastructure. Due to FHWA’s existing
Buy America requirement, if only one
domestic manufacturer produces an EV
charger meeting its requirement, States
that use Federal-aid funds would have
to use that manufacturer assuming it can
meet demand. The Agencies, through
this RFI, aim to gather data and
information on domestic manufacturing
of EV chargers, including understanding
the capability of maximizing the
domestic content of EV chargers and
opportunities for American workers to
manufacture, assemble, install, and
maintain them.
Through this RFI, the Agencies seek
information regarding the availability of
EV chargers manufactured and
assembled in the United States,
including whether they comply with
applicable Buy America requirements.
Although the Agencies are not aware of
any EV chargers currently able to meet
applicable Buy America requirement for
steel and iron, the Agencies are
interested in promptly obtaining more
information on this issue and others set
forth below. Obtaining this information
promptly is necessary for the Agencies
to determine how best to
simultaneously support the President’s
policies on climate, create a national
network of EV charging infrastructure,
and comply with Buy America
requirements.
Background
In January 2021, the President issued
Executive Order (E.O.) 14005, titled
‘‘Ensuring the Future is Made in All of
America by All of America’s Workers.’’
86 FR 7475 (Jan. 28, 2021). E.O. 14005
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.’’ The Agencies are
committed to ensuring strong and
effective Buy America implementation
consistent with E.O. 14005. Obtaining
information through this RFI is essential
to determine how the Agencies might
spur and incentivize domestic
manufacturing of EV chargers, including
EV chargers that meet applicable Buy
America requirement for steel and iron.
At the same time, the Agencies must
also consider how to ensure that EV
chargers are widely available in the
immediate future for FHWA-funded
projects in the United States in support
of policies to address the climate crisis,
as discussed below.
In January 2021, the President also
issued E.O. 14008, titled Tackling the
Climate Crisis at Home and Abroad. 86
FR 7619 (Feb. 1, 2021). The President
has directed the Federal government to
use the full capacity of its agencies and
implement a Government-wide
approach to address the climate crisis
throughout the economy. This approach
includes deployment of clean energy
technologies and infrastructure. In the
context of EV charging infrastructure,
the White House has also expressed the
goal to accelerate deployment of electric
vehicles and charging stations, which
will create good-paying, union jobs and
move us forward on the path toward a
clean transportation future.
2
EVs, which produce zero tailpipe
emissions and can be powered by clean,
renewable energy instead of gasoline or
diesel fuel, are an important part of the
solution to the climate crisis. The
President’s goal of building a new
national network of 500,000 EV chargers
by 2030 is a key strategy for reducing
greenhouse gas emissions.
Buy America Requirements Under Title
23, United States Code, and the BID
The existing FHWA Buy America
requirement, set forth at 23 U.S.C. 313
and 23 CFR 635.410, requires that all
steel and iron that is permanently
incorporated into a project must be
manufactured in the United States
unless a waiver is granted, including
steel and iron components of a
manufactured product. This
requirement applies to the obligation of
Title 23 U.S.C. funds. For all steel or
iron materials to be used in projects that
involve the obligation of Federal funds,
all manufacturing processes, including
application of a coating, must occur in
the United States. Coating includes all
processes which protect or enhance the
value of the material to which the
coating is applied. Such projects involve
both the acquisition and installation of
such equipment. Additionally, the
FHWA’s Buy America requirement
applies to all contracts regardless of the
funding source if any contract within
the scope of a determination under the
National Environmental Policy Act
(NEPA) involves an obligation of
Federal funds. See 23 U.S.C. 313(g).
DOT and DOE are also committed to
ensuring strong and effective Buy
America implementation consistent
with E.O. 14005. E.O. 14005 calls for
maximizing domestic content and
services using terms and conditions of
Federal financial assistance awards and
Federal procurements.
FHWA currently applies its standard
for steel or iron materials under 23 CFR
635.410 to the steel or iron components
of predominantly steel or iron
manufactured products.
3
For steel and
iron components of predominantly steel
and iron products, FHWA requires that
‘‘all manufacturing processes, including
application of a coating, for these
materials must occur in the United
States.’’ 23 CFR 635.410(b)(1)(ii). For
manufactured products that are not
predominantly steel and iron, the
FHWA currently has a nationwide
general waiver from Buy America
requirements, which has been in effect
since 1983. 48 FR 53099 (Nov. 25,
1983).
In addition to existing FHWA Buy
America requirements, Title IX, Subtitle
A of the BID, entitled ‘‘Build America,
Buy America’’ (BABA), provides that
not later than 180 days after the date of
enactment of the BID, funds made
available for a Federal financial
assistance program for infrastructure
may not 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. BID, at § 70914(a).
The compliance standard for iron or
steel products in the BID at
§ 70912(6)(A) is similar to the FHWA
standard for steel or iron materials at 23
CFR 635.410(b)(1). Also, the BID adds a
new category of materials that are
covered by Buy America. Specifically,
the BID extends Buy America coverage
to ‘‘construction materials.’’ BID, at
§ 70912(6)(C). The bill also provides that
not later than 180 days after the date of
enactment of BID, the Director of the
Office of Management and Budget
(OMB) must issue standards that define
the term ‘‘all manufacturing processes’’
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in the case of construction materials.
BID, at § 70915(b)(1). In issuing the
standards, OMB must ensure that each
manufacturing process required for the
manufacture of the construction
material and the inputs of the
construction material occurs in the
United States. BID, at § 70915(b)(2).
OMB must also take into consideration
and seek to maximize the direct and
indirect jobs benefited or created in the
production of the construction material.
Id.
Request for Information
Through this RFI, the Agencies are
soliciting information and suggestions
from the public and a broad array of
stakeholders across public and private
sectors that may be familiar with or
interested in manufacturing and
assembly of EV chargers and their
deployment as part of Federal-aid
construction projects.
Request To Specify EV Charger Type
In answering the questions below, the
Agencies ask that you indicate in your
written comments which question(s)
you are answering and to specify in
each answer what type of EV charger
you are discussing. For example, specify
what level of charging is it used for,
whether it uses the SAE J1772 connector
for AC charging (also known as the J-
plug), whether it provides DC Fast
Charging, whether it uses the Combined
Charging System (CCS) connector,
whether it uses the CHAdeMO
connector, and other relevant
information.
General Questions on EV Chargers
1. Identify all EV charger
manufacturers currently selling,
manufacturing, or operating in the
United States, of which you are aware.
2. Identify all such EV charger
manufacturers of which you are aware
that can either meet FHWA’s Buy
America requirement or can currently
assemble EV chargers in the United
States to meet a domestic final assembly
condition. For those that can meet a
final assembly condition, please identify
the percentage of components
manufactured in the United States (if
known).
3. What is the total cost of a typical
EV charger?
4. How much does cost vary for EV
chargers? Why does the cost vary?
5. What is the average delivery
timeline for an EV charger?
6. How much does delivery time vary
for EV chargers? Why does the delivery
time vary?
7. For manufacturers: What type(s) of
EV chargers are currently produced or
likely to be produced in the near future?
Manufacturer Ability To Meet FHWA’s
Existing Buy America Requirement
8. Are there existing EV chargers that
meet FHWA’s existing Buy America
requirement for steel and iron? (Yes or
No)
9. If you answered yes to the
preceding question:
a. How many EV chargers meeting
FHWA’s existing Buy America
requirement for steel and iron can be
manufactured per year?
b. What is the price typically paid for
the steel and iron for used in EV
chargers?
c. What percent of the total price is
typically representative cost of the steel
and iron used in EV chargers?
d. Can the origins of the steel and iron
used in your charger by certified by
documentation? If so, how?
e. What is the typical delivery
timeline for EV chargers?
10. For those EV chargers currently
manufactured that cannot meet FHWA’s
Buy America requirement, what steps
can be taken to provide EV chargers that
meet FHWA’s existing Buy America
requirement? How long might it take to
undertake those steps? What is the
volume of EV chargers that could be
shifted to manufacture in compliance
with FHWA’s Buy America
requirement? Can that volume be
ramped up over time?
Manufacturer Ability To Meet Domestic
Final Assembly Condition for EV
Chargers
11. Are there existing EV chargers that
are currently assembled in the United
States that could meet a domestic final
assembly condition? (Yes or No).
12. If you answered yes to the
preceding question, provide details
about domestic final assembly. Also
explain whether this includes domestic
final assembly of all EV charger
components and whether the assembled
EV charger is ready for installation and
use.
13. If you answered yes to Question
12:
a. How many EV chargers assembled
in the United States (meeting a domestic
final assembly condition) currently meet
the domestic final assembly
requirement?
b. How many EV chargers assembled
in the United States (meeting a domestic
final assembly condition) could be
expected to be provided annually each
year between 2022 and 2030?
c. What would be the likely price of
EV chargers meeting the domestic final
assembly requirement?
d. What is the likely timeline for
delivery of those EV chargers?
e. What percentage of the components
used in an EV charger assembled in the
United States are themselves made in
the United States? Of the components
made in the United States, what
percentage of those are iron and steel as
opposed to other parts?
EV Charger Components and
Subcomponents
14. Identify each component and
subcomponent typically contained in an
EV charger (or for manufacturers, in the
EV chargers you produce).
15. What materials do the components
and subcomponents consist of (e.g.,
iron, steel, non-ferrous metals,
semiconductors, plastics?
16. Provide information on the
manufacturing processes for each
component and subcomponent,
including where the manufacturing
processes occur.
17. Provide information on the
assembly steps for each component or
subcomponent including where the
assembly steps occur (if the answer
differs from the preceding question).
18. Provide information on the cost of
each component or subcomponent.
19. Provide information on the
domestic content of each component or
subcomponent, including the amount
and percentage of domestic content
(relative to foreign content). If this
cannot be traced, explain why.
Ability To Maximize Domestic Content,
Services, and Labor
20. Provide information on how the
domestic content of EV chargers
(including their components,
subcomponents, or component bundles)
could be maximized (even if full Buy-
America compliance is not possible).
21. Provide information on how
domestic services and labor used in the
manufacturing and assembly of EV
chargers (including their components,
subcomponents, or component bundles)
could be maximized (even if full Buy-
America compliance is not possible).
Authority: 23 U.S.C. 313; Pub. L. 110–
161; 23 CFR 635.410.
Polly Trottenberg,
Deputy Secretary, Department of
Transportation.
Kelly J. Speakes-Backman,
Principal Deputy Assistant Secretary for
Energy Efficiency and Renewable Energy,
Department of Energy.
[FR Doc. 2021–25717 Filed 11–23–21; 8:45 am]
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