Notice of Proposed Waiver of Buy America Requirements for the Pacific Island Territories and the Freely Associated States

Issuing agencies

Abstract

The Department of Transportation (DOT) is seeking comments on a proposed temporary general applicability public interest waiver of the requirements of section 70914(a) of the Build America, Buy America Act (BABA) included in the Infrastructure Investment and Jobs Act (IIJA) and related domestic preference statutes administered by DOT and its Operating Administrations (OAs) for federal financial assistance awarded for infrastructure projects located in the Commonwealth of Northern Mariana Islands (CNMI), Guam, and American Samoa, collectively referred to as the Pacific Island territories. The proposed waiver would also apply to financial assistance that is subject to a DOT domestic preference statute and provided by DOT to the Freely Associated States in the Pacific (the Republic of Palau, Republic of the Marshall Islands, and Federated States of Micronesia). BABA only applies to the United States and its territories. The waiver would provide time for the Department to collect and analyze evidence to determine if a more targeted waiver of these requirements is in the public interest. The waiver would also allow time for the Department and its OAs to offer technical assistance to potential assistance recipients in the remote communities in the Pacific Island territories and Freely Associated States. The waiver will remain in effect for 18 months after the effective date of the final waiver and will be reviewed as often as necessary.