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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)



Anticipated Costs and Benefits:




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:   Public Comment URL:  
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