Notice of Buy America Waiver Request
The purpose of this web page is to provide the public with an informal notice and comment opportunity regarding Buy America waiver requests. The FHWA is addressing two separate statutes regarding Buy America Waiver Notice provisions:
Public Law 111 117, the "Consolidated Appropriations Act, 2010" was enacted December 16, 2009, Division A, Section 123 states: "Not less than 15 days prior to waiving, under his statutory authority, any Buy America requirement for Federal-aid highway projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall provide an annual report to the Appropriations Committees of the Congress on any waivers granted under the Buy America requirements."
The SAFETEA-LU Technical Corrections Bill (Public Law No. 110-244, 122 Stat.1572) was enacted June 6, 2008. Section 117, "Buy America waiver notification and annual reports," states in part:
"(a) Waiver notification.-
(1) In general.-If the Secretary of Transportation makes a finding under section 313(b) of title 23, United States Code, with respect to a project, the Secretary shall-
(A) publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; and
(B) provide notice of such finding and an opportunity for public comment on such finding for a period of not to exceed 60 days.
(2) Limitation on statutory construction.-Nothing in paragraph (1) shall be construed to require the effective date of a finding referred to in paragraph (1) to be delayed until after the close of the public comment period referred to in paragraph (1)(B)."
FHWA Notice, Comment and Review Process
For all waiver requests, we will post a notice of a waiver request on this web site and solicit public comments on the intent to issue a waiver for a 15-day period. Following this comment period, we will publish a notice in the Federal Register documenting our finding regarding the waiver. The effective date of the finding will be the date following publication in the Federal Register. Upon publication of the Federal Register notice, the public may submit comments on this finding to this web site for an additional period of time as specified in the notice.
We will consider all comments received in the initial 15-day comment period during our evaluation of the waiver request. Comments received after this period, but before notice of our finding is published in the Federal Register, will be considered to the extent practicable. Follow-up coordination on the comments received may result in a delay in the publication of our waiver finding in the Federal Register. Comments received during the comment period after notice of our finding is published in the Federal Register will be reviewed, but the finding will continue to remain valid. Comments received during the comment period after the effective date of the finding will be reviewed, and may influence the FHWA's decision to terminate or modify a finding.
Each Buy America waiver request that is currently open for public comment is identified below under the section "waiver request for comment." To view the information pertaining to any particular waiver request, click on the appropriate link and follow the directions for submitting a comment. A listing of all waiver requests either approved or denied dating back to March, 2008 is also provided in the appropriate sections below.
Please note that under 23 U.S.C. 313, Buy America requirements apply to steel and iron products that are permanently incorporated into all contracts eligible for assistance under Title 23 that are within the scope of a finding, determination, or decision under the National Environmental Policy Act (NEPA), regardless of a specific contract's funding source, if at least one contract within the scope of the same NEPA document is funded with Federal funding provided under Title 23. Accordingly, Title 23 funds may not be actually used to purchase all products listed in a waiver request identified below.
Additional information on the scope and applicability of Buy America can be found at: https://www.fhwa.dot.gov/construction/cqit/buyam.cfm
- Waiver requests for comment
- California Golden Gate Bridge (i) electric motors; (ii) speed reducers; (iii) wheel chocks; (iv) a chain stopper; (v) rail clamps with hydraulic power units; (vi) pneumatic brakes; (vii) air compressors; (viii) gas cylinder stands; (ix) bearings (of various types specified in the request); (x) electric cabinet switches and handles; (xi) electrical cabinet shafts; (xii) grounding shoes; and (xiii) scissor lifts 09/27/21
- Vermont Flyght Submersible Model NT-3202.095 pumps (2), accessories and control panel for improvement of existing pump station on I-91 Northbound, Guilford, VT 07/25/17
- New Jersey 2-MTU propulsion engines, 2-Reintges gearboxes, and 2-Rolls Royce water jet thrusters to repower NJ/NY SeaStreak ferry vessels. 10/05/16
- Waiver requests approved
- I-74 Bettendorf Iowa Elevator system components and let-down structures 01/05/21
- Alaska Inter-Island Ferry Authority reduction gear replacement parts and pitch control units 02/19/20
- California Vehicles and Equipment Projects for Visalia, Tulare and Porterville 11/21/17
- Georgia Ports Authority iron and steel components associated with eight Rail Mounted Gantry Cranes for use by the Georgia Ports Authority to increase intermodal capacity at the Garden City Terminal in Garden City, Georgia 05/09/17
- Pennsylvania John Deere 640R Standard Farm Loader for Recreational Trail Maintenance by Department of Conservation and Natural Resources in PA 03/22/17
- Maine Harbor Crane with 134 tons capacity for International Marine Terminal (IMT) in the Port of Portland, Maine 03/13/17
- Alaska Non-domestic iron and steel in lift system (wire rope hoists, Sheave assemblies, hanger rods and controller) for Gustavus Ferry Terminal Improvement project in Alaska 03/09/17
- 2016 Q3, 2016 Q4 and 2017 Q1 Vehicle and Equipment Projects 04/16/2018
- Waiver requests withdrawn
- Ohio Manganese frog for rail switches (Note: on 8/28/2017, the Ohio DOT and Division agreed to withdraw the request) 05/17/17
- Nevada steel components of various anchors, connectors, brackets, clamps and fasteners for a utility relocation project associated with a roadway project on Hardie Lane in Fernley, NV (see attachment) (Note: on 9/29/2021, Nevada DOT withdrew this waiver request) 05/04/17
- Massachusetts Electric Vehicle DC Fast Charging Stations (DCFCs) for various locations in Massachusetts (Note: on 6/9/2017, the contracting agency and FHWA Massachusetts Division agreed to withdraw this request) 03/15/17
- North Carolina Two VOITH Turbo 16GII/100 propulsion units for construction of River class passenger/vehicle Ferry (Note: on 9/29/2021, North Carolina DOT withdrew this waiver request) 03/13/17
- Wyoming TAS Avalanche Barrier, for experimental avalanche mitigation project near Jackson, WY (Note: on 9/29/2021, Wyoming DOT withdrew this waiver request) 03/09/17
- Florida Galvanized Strands (Note: on 7/6/2017, Florida DOT and FHWA Florida Division agreed to withdraw this request) 01/19/17
- Massachusetts Favero Snow Rabbit 3X Groomer and Soucy ST-300 Track System (Note: on 9/29/2021, Massachusetts DOT withdrew this waiver request) 12/12/16
- Oregon Iron and steel components in 1) Span Lock, 2) PLC Cabinet, 3) Emergency power switches, 4)Motor drives, 5) Brake power and control panel, and 5) Electro-mechanical equipment for rehabilitation of Broadway, Burnside and Morrison Bridges (Note: on 9/29/2021, Oregon DOT withdrew this waiver request) 08/11/16
- California various components related to the relocation of Pacific Gas and Electrics (PG&E) natural gas service facilities (Note: on 7/23/2013 Caltrans withdrew this waiver request.) 07/03/13
- Waiver requests denied
- Pennsylvania Steel Pipe; A53 Grade B, 26" OD, 0.375" wall. 07/16/10 (Recovery Act)
- Vermont 1" diameter stainless steel anchor bolts threaded 4" each end, meeting the requirements of ASTM F 594, Stainless alloy Group 6, Condition H 06/15/09 (Recovery Act)
- Contra Costa County Public Works Dept, California Hollow structural section round A500 Grade C, 10.75 x 0.625 steel pipe 06/10/09 (Recovery Act)
- Minnesota 16" pipe piling (10,000 linear feet) ) 03/07/08