Selected Buy America Rulemaking Documents (1981 - Present)

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

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

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

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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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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.

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.

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.

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).

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.

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.

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

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.

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.

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

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

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

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

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 it’s 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

Notice of denial of waiver for Michelin Tire

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

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

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.

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

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

Notice of permanent waiver for microcomputers.

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.

Notice of temporary, year-long waiver for microcomputers.

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

Notice of proposed microcomputer waiver and request for comments.

Notice of Waiver granted to Chrysler Corporation for 15 passenger vans

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

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