Selected Buy America Rulemaking Documents (1981 - Present)


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VOL. & PAGE NO. DATE SUBJECT
72 FR 55102 09-28-07  Buy America Requirements; End Product Analysis and Waiver Procedures: Correction

Provides the corrected language to 49 CFR Part 661, Appendix D, addressing the final assembly requirements for rolling stock.

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72 FR 53688 09-20-07  Buy America Requirements; End Product Analysis and Waiver Procedures

Second Final Rule implementing SAFETEA-LU changes regarding public interest waivers; post-award waivers; several clarifications with regard to "end products" including "systems;" final assembly requirements for rolling stock; and expanding the list of communications, train control, and traction power equipment.

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71 FR 69411 11-30-06  Buy America Requirements; End Product Analysis and Waiver Procedures

Second NPRM to implement SAFETEA-LU changes, including public interest waivers; post-award waivers; several clarifications with regard to "end products;" final assembly requirements; and expanding the list of eligible communications, train control, and traction power equipment.

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71 FR 14112 03-21-06  Buy America Requirements; Amendments to Definitions

Final Rule implementing non-controversial SAFETEA-LU-mandated changes.  Second NPRM will follow.

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70 FR 71246 11-28-05  Buy America Requirements; Amendments to Definitions and Waiver Procedures

Notice of Proposed Rulemaking (NPRM) to implement changes required by SAFETEA-LU.

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68 FR 35249 06-12-03  Notice of Granted Buy America Waivers

Notice of non-availability waivers given to New Flyer of America and North American Bus Industries for the use of a foreign-manufactured articulating joint system made by Hubner Manufacturing. These waivers are valid until June 30, 2004. [PDF format]

68 FR 9801 02-28-03  Buy America Requirements; Permanent Waiver for Microcomputers

Withdrawal of Advanced Notice of Proposed Rulemaking which requested comments on whether to revoke, retain or modify the permanent microcomputer waiver found at 49 CFR 661.7, App. A(d). The waiver, as currently written, remains in effect. [PDF format]

68 FR 9797 02-28-03  Buy America Requirements; Amendment to Certification Procedures

Final Rule amending the Buy America regulations to allow a bidder to correct an inadvertent or clerical error on a Buy America certificate after bid opening. [PDF format]

68 FR 2105 01-15-03  Notice of Granted Buy America Waiver

Notice of December 10, 2002 non-availability component waiver given to Mars Electronics for two years for the manufacture of a bill handling unit to be used in farecard vending machines. [PDF format]

68 FR 2105 01-15-03  Notice of Granted Buy America Waiver

Notice of December 9, 2002 non-availability component waiver given to Asahi Seiko for two years for the manufacture of a compact coin dispensing hopper to be used in farecard vending machines. [PDF format]

67 FR 56344 09-03-02  Notice of Granted Buy America Waiver

Notice of July 9, 2002, non-availability component waiver granted to North American Bus Industries for installation of a foreign manufactured articulating joint system used in its low floor buses. [PDF format]

67 FR 56344 09-03-02  Notice of Granted Buy America Waiver

Notice of Granted Waiver. Non-availability component waiver granted to Orion Bus Industries on August 9, 2002. This waiver allows Orion to count the foreign axle installed on the Orion II paratransit vehicle as a domestic component for purposes of calculating domestic content. [PDF format]

67 FR 47885 07-22-02  Notice of Granted Buy America Waiver

Notice of non-availability component waiver granted to Webasto Thermosystems, Inc., Teleflex Thermal Technology, and Espar Products for the manufacture of auxiliary heaters to be used in bus heating systems. The waiver will allow vehicle manufacturers to count the auxiliary heater as domestic when calculating domestic content. [PDF format]

67 FR 17104 04-09-02  North American Bus Industries; Notice of Granted Buy America Waivers

Notice of waivers given to North American Bus Industries on March 19, 2002, for all solicitations issued within a two year period for the final assembly of the CompoBus and for the integrated frame/chassis used in the CompoBus. [PDF format]

66 FR 32412 06-14-01  Notice of Granted Buy America Waiver

Notice of a "Dear Colleague'' letter issued on March 30, 2001, regarding the application of the Buy America regulations to the calculation of the cost of the components and subcomponents of rolling stock. In order to ensure wide dissemination of this letter and further explain its purpose, it was published in the Federal Register with a explanatory preamble. [PDF format]

66 FR 28218 05-22-01  Notice of Granted Buy America Waiver

Notice of April 24, 2001, non-availability component waiver granted to New Flyer for installation of a foreign manufactured articulating joint system used in its low floor buses. [PDF format]

66 FR 20027 04-18-01  Notice of Granted Buy America Waiver

Notice of Granted Waiver given to Steril-Koni on February 14, 2001, for a two year period for the manufacture of heavy duty parallelogram lifts to be used in garage and vehicle facility construction projects. Please also see July 3, 2001 letter withdrawing waiver. [PDF format]

65 FR 63672 10-24-00  Notice of Granted Buy America Waiver -- Giesecke & Divrient

Notice of Granted Waiver given to Giesecke & Devrient on July 21, 2000 for a two year period for the manufacture of a bill handling unit to be used in farecard vending machines.

65 FR 63673 10-24-00  Notice of Granted Buy America Waiver -- Mars Electronics International

Notice of Granted Waiver given to Mars Electronics on July 21, 2000 for a two year for the manufacture of a bill handling unit to be used in farecard vending machines.

65 FR 25419 05-01-00  Notice of Granted Buy America Waiver

Notice of Granted Waiver. Non-availability component waiver granted to Orion Bus Industries for a two year period. This waiver allows Orion to count the foreign axle installed in the Orion II paratransit vehicle as a domestic component for purposes of calculating domestic content.

64 FR 54855 10-08-99  Buy America Requirements; Permanent Waiver for Microcomputers

Advanced Notice of Proposed Rulemaking (ANPRM) requesting comments on whether to revoke, retain or modify the permanent microcomputer waiver found at 49 CFR 661.7, App. A(d).

64 FR 8051 02-18-99  Buy America Requirements; Amendment of Certification Procedures

Notice of Proposed Rulemaking (NPRM) seeking to amend Buy America regulations to allow a bidder to correct an inadvertent error on a Buy America certificate after bid opening.

61 FR 6299 02-16-96  Buy America Requirements

Final Rule implementing statutory changes, with commentary explaining the following topics:

  • Addition of iron to products covered
  • Intentional violations/debarment
  • Applicability of waivers for foreign countries
  • Definition of component
  • Component requirement for manufactured products
  • Determination of grandfathered companies
  • Change of domestic content requirements for rolling stock.

60 FR 47441 09-12-95  Buy America Requirements

NPRM updating regulations per statutory changes. See above Final Rule, 61 FR 6300.

60 FR 37930 07-24-95  Buy America Requirements

Final Rule establishing general public interest waiver for "small purchases" as defined by the common grants rule found at 48 CFR 25.104, currently set at $100,000 or less.

59 FR 43778 08-25-94  Small Purchase Exception to Resident Inspector Requirement Under Pre-Award and Post-Delivery Audits of Rolling Stock Purchases

Regulatory Guidance on small purchase exception to resident inspector requirement under pre-award and post-delivery audits of rolling stock purchases found at 49 CFR 663.

57 FR 10834 03-31-92  Pre-Award, Post-Delivery Audits of Rolling Stock Questions and Answers

Questions and Answers on pre-award and post-delivery audits of rolling stock found at 49 CFR 663.

56 FR 48384 09-24-91  Pre-Award and Post-Delivery Audits of Rolling Stock Purchases

Final Rule on pre-award and post-delivery audit requirements for rolling stock purchases. 49 CFR 663.

56 FR 926 01-09-91  Buy America Requirements

Final Rule implementing changes per the Surface Transportation and Uniform Relocation Assistance Act of 1987. Topics discussed include:

  • Procurement of manufactured products
  • Changes in the price-differential waiver
  • General waivers
  • Waivers for prototype vehicles
  • Waivers for audio-visual equipment
  • Determination of end product
  • Turn-key projects
  • Grandfathered companies
  • Requirements for manufacturing components
  • Major components
  • List of components of buses and rail rolling stock
  • Definition/origin of subcomponent
  • Use of tariff exemption
  • Domestic materials that lose physical identity
  • Setting cost for foreign components
  • Final assembly requirements
  • Train control, communication, and traction power equipment
  • Certifications by component and subcomponent manufacturers
  • Update of certifications and contracts
  • Investigations

53 FR 40850 10-18-88  Pre-award and Post-delivery Audits of Rolling Stock Purchases

NPRM discussing pre-award and post-delivery audit requirements for rolling stock purchases. Final Rule found at 56 FR 48384.

53 FR 32994 08-29-88  Buy America Requirements -- Amendments

NPRM discussing the implementation of statutory changes. Final Rule at 56 FR 926. Issues discussed include:

  • Regarding rolling stock, the origin of components and subcomponents, the export of domestic subcomponents, and calculating the value of foreign components
  • Regarding waivers, grounds for non-availability waiver requests (fact that itís a procurement from original equipment manufacturers not enough), discussion of price differential waivers and component waivers
  • General waivers, as found in appendix to 49 CFR 661.7
  • Waiver application
  • Manufacturing of components
  • Train control, communications and traction power equipment
  • Certifications
  • Investigations
  • Suspension and debarment
  • Pre-award and post-delivery audits

53 FR 22418 06-15-88  Determination Concerning Request for Public Interest Waiver of Buy America Requirements

Notice of denial of waiver for Michelin Tire

53 FR 12223 04-13-88  Request for Public Interest Waiver of Buy America Requirements

Notice of request for comments on applicability of Buy America to bus tires made by Michelin.

52 FR 23734 06-24-87  Applicability of Buy America Requirements to Tires Manufactured in Canada; Decision

Notice of decision that Buy America does apply to tires as manufactured products. This decision reverses an earlier ruling regarding Firestone tires.

52 FR 23735 06-24-87  Public Interest Waiver of Buy America Requirements; Request for Comments

Notice and request for comments on whether a public interest waiver should be granted for the procurement of tires made in Canada to increase competition. Denied at 53 FR 22418.

52 FR 20189 05-29-87  Applicability of the Buy America Provisions of the Federal Mass Transportation Act of 1987

Notice implementing statutory changes to the price differential waiver, changing the amount from 10% to 25% and adding the term subcomponent to the rolling stock section of the regulation

52 FR 15440 04-28-87  Implementation of the Federal Mass Transportation Act of 1987

Notice implementing statutory changes to the domestic content requirements for rolling stock, increasing it 50% to 60%.

51 FR 36126 10-08-86  Buy American Requirements; Permanent Waiver

Notice of permanent waiver for microcomputers.

51 FR 22285 06-19-86  Buy America Requirements

Final rule amending the Buy America regulations by specifying the actual certificates that must be submitted by each bidder to indicate compliance or non-compliance with the applicable statutory and regulatory requirements.

50 FR 18760 05-02-85  Exemption From Buy America Requirements

Notice of temporary, year-long waiver for microcomputers.

50 FR 2289 01-16-85  Buy America Requirements

Final rule implementing statutory change which eliminated cement and cement products from the items covered by Buy America.

50 FR 1156 01-09-85  Exemption From Buy American Requirements

Notice of proposed microcomputer waiver and request for comments.

49 FR 13944 04-09-84  Exemption From Buy America Requirements

Notice of Waiver granted to Chrysler Corporation for 15 passenger vans

48 FR 41562 09-15-83  Buy America Requirements

Final Rule implementing statutory changes to Buy America, addressing the following issues:

  • Construction equipment and temporary support materials
  • Spare parts
  • Train control, communication and traction power equipment, and application of the regulations to wayside equipment.
  • Treatment of subcomponents

46 FR 5808 01-19-81  Buy America Requirements

Final Rule implementing statutory changes, specifically,

  • Exclusion of non-federal preferences
  • Application to construction contracts
  • Consultant contracts
  • Clarification of end product and component, including shipping costs, when components become a "system"
  • Computation of component percentage
  • Waivers, discussion of application process