FHWA Buy America Requirements Waivers

Buy America, a United States Department of Transportation program, requires that American made steel products be used in highway and transportation sector construction projects funded with federal transportation dollars.

On Tuesday, October 18, the Federal Highway Administration (FHWA) issued a notice that it is proposing two nationwide waivers from the Buy America Program. The first is a permanent waiver for Commercially Available Off-the-Shelf (COTS) products with steel or iron components. The second is a one-year waiver for steel tie wire permanently incorporated in precast concrete products. In addition to these two proposed waivers, FHWA is considering whether to issue a nationwide waiver for specialized lifting devices incorporated in precast concrete products and is asking for public comment.

FHWA is asking for public comment on the two proposed nationwide waivers and also on whether it should propose a waiver for specialized lifting devices incorporated in precast concrete products by December 2, 2016. 

We urge you to carefully review the notice and provide comment to FHWA on those matters that relate to your business. FHWA needs to hear from you if you have something to say regarding these proposals. View the official FHWA notice proposing waivers to the Buy America program and post formal comments here.


Waiving particular requirements of the Buy American Act jeapordizes the very basis and intention of the legislation and would allow for certain foreign materials to be used for federally funded projects.

Please visit the Buy America Steel Products Association website at buyamericasteelproducts.org for more information.