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DOT/OST RIN: 2105-AE79 Publication ID: Spring 2022 
Title: +Processing Buy America and Buy American Waivers Based on Nonavailability 

Pursuant to Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers, which establishes as a policy of the executive branch to "consistent with applicable law...maximize the use of goods, products, and materials produced in, and services offered in, the United States," DOT will conduct a rulemaking to require that applicants for non-availability waivers select products that maximize domestic content. 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. In addition, this rule will streamline the Buy America non-availability waiver process and improve coordination across the Department of Transportation.  Specifically, the rule will 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. 14005, Ensuring the Future Is Made in All of America by All of America's Workers (January 25, 2021)   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
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