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DOT/OST

RIN: 2105-AE79

Publication ID: Fall 2021

Title: Processing Buy America and Buy American Waivers Based on Nonavailability
Abstract: 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, which is expected to be consistent across the Department, the applicants must provide in applying for such waivers.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
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 of 2018, div. L, title IV, sec. 410 41 U.S.C. 8301 to 8305 E.O. 13788, Buy American and Hire American (April 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 section 410; 41 U.S.C. 8301–8305; Executive Order 13788, Buy American and Hire American (Apr. 18, 2017)

Alternatives:

TBD

Anticipated Costs and Benefits:

TBD

Risks:

TBD

Timetable:

Action	Date	FR Cite
NPRM	11/00/2021

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: Undetermined
Included in the Regulatory Plan: Yes
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Michael A. Smith Attorney Advisor Department of Transportation Office of the Secretary 1200 New Jersey Avenue SE, Washington, DC 20590 Phone:202 366-4000 Email: michael.a.smith@dot.gov