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DOT/OST RIN: 2105-AE79 Publication ID: Fall 2023 
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. 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  12/00/2023 
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