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DOT/OST RIN: 2105-AE79 Publication ID: Fall 2018 
Title:+Processing Buy America Waivers Based on Non availability(Section 610 Review) 

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.

Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
RFA Section 610 Review: Section 610 Review 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 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 sec. 410    41 U.S.C. 8301 to 8305    E.O. 13788, Buy American and Hire American (Apr. 18, 2017)   
Legal Deadline:  None

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).



Anticipated Costs and Benefits:




Action Date FR Cite
NPRM  06/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes 
Agency Contact:
Analiese Marchesseault
Attorney, Office of the Secretary
Department of Transportation
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-4723