Made in America
Notice of Made in America Law Waiver Requests
The purpose of this web page is to provide the public with an informal notice and comment opportunity regarding “Made in America Law” waiver requests under MARAD’s various Federal financial assistance programs. “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to MARAD’s Federal financial assistance awards, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States.
MARAD Notice, Comment, and Review Process
For all waiver requests, we will post a notice of the waiver request on this web site and solicit public comments on MARAD’s intent to issue a waiver. We will consider all comments received in the comment period during our evaluation of the waiver request. Comments received after this period, but before notice of our finding is published, will be considered to the extent practicable.
Each “Made in America Law” waiver request that is currently open for public comment is identified below under the section "waiver requests for comment." To view the information pertaining to any particular waiver request, click on the appropriate link and follow the directions for submitting a comment. A listing of all waiver requests either approved or denied is also provided in the appropriate sections below.
Waiver requests for comment
ECO Edison, LLC and Offshore Wind Support, LLC - Waiver Request - April 2023
Arcosa, Inc. and its subsidiary Arcosa Marine Products, Inc. (Robert E. DeFrancesco, III; Counsel to Arcosa, Inc.)
On behalf of Arcosa, Inc. and its subsidiary Arcosa Marine Products, Inc. (“Arcosa”), we hereby submit the following comments to the Department of Transportation’s Maritime Administration (“MARAD”) in opposition to the Buy America waiver requests submitted by ECO Edison, LLC (“ECO”) and Offshore Wind Support, LLC (“OWS”). ECO and OWS each submitted requests to MARAD to waive the domestic content requirements for several foreign components used in the construction of service operation vessels. Among these foreign components include “watertight doors.” ECO’s/OWS’ sole justification for a Buy America waiver for watertight doors is the mere assertion that “[d]omestically manufactured components specified for the construction of a ship may be either unavailable or, if available, cannot be used as a substitute within a system of components that is foreign manufactured.” This justification is insufficient with respect to watertight doors, in particular, because these products are produced domestically, and in sufficient volumes and of a satisfactory quality.
To this end, Arcosa regularly produces and sells products for marine vessels that fall within the scope of “watertight doors.” This includes Arcosa’s doors that are produced domestically. In fact, several of Arcosa’s watertight doors have received design approval from the American Bureau of Shipping program. Because watertight doors are available domestically, and consistent with this Administration’s policy goals of promoting “Made in America” and ensuring that U.S. taxpayer dollars are spent on domestically produced goods, ECO’s and OWS’ requests for a Buy America waiver should be denied. Aside from the fact that watertight doors are domestically available from Arcosa (and likely others), waiving the Buy America requirements for these products would negatively impact Arcosa’s continued production of watertight doors and discourage other domestic producers from investing in the manufacture of these products. Either result is contrary to the purpose of the Buy America program. Simply put, Buy America waivers should be granted infrequently and not, where, as here, products are domestically available. As such, ECO’s and OWS’ waiver requests should be denied.
WINDEA CTV, LLC - Waiver Request - April 2023
Waiver requests approved
Waiver requests withdrawn
Waiver requests denied