View Rule

This rule will establish the applicable regulatory standard for waivers from the Buy America requirement on the basis that a product or item is not manufactured in the United States meeting the applicable Buy America requirement.  This standard will require the use of items and products with the maximum known amount of domestic content.  The rule will also establish the required information the applicants must provide in applying for such waivers.

Statement of Need:

Pursuant to Executive Order 13788-Buy American and Hire American, which establishes as a policy of the executive branch to "maximize, consistent with law...the use of goods, products, and materials produced in the United States," DOT will be requiring that applicants for non-availability waivers select products that maximize domestic content. In addition, this rule will streamline the Buy America non-availability waiver process, and improve coordination across the Department of Transportation.

Summary of the Legal Basis:

23 U.S.C. 313; 49 U.S.C. 5323(j); 49 U.S.C. 24405(a); 49 U.S.C. 50101; Consolidated Appropriations Act, 2018, div. L, tit. IV 410; 41 U.S.C. 83018305; Executive Order 13788, Buy American and Hire American (Apr. 18, 2017).

Alternatives:

TBD

Anticipated Costs and Benefits:

TBD

Risks:

TBD