FTA has published its proposed policy statement on the implementation of the increase in domestic content under the Buy America provisions for rolling stock. The FAST Act amended the Buy America waiver for rolling stock to provide for a phased increase in the domestic content requirement for rolling stock from the current more than 60 percent to more than 70 percent in FY2020 and beyond. FTA interprets the statute to require that if a recipient enters into a contract for rolling stock after the effective date of the FAST Act — October 1, 2015 — then the new FAST Act provisions for the date of delivery of the rolling stock apply. Thus, for vehicles delivered in FY2018 and FY2019, the domestic content must be more than 65 percent, and for vehicles delivered in FY2020 and beyond, the domestic content must be more than 70 percent. To comment on the proposed policy statement, go to Regulations.gov before May 6, 2016.
Additionally, FTA published a proposed general public interest waiver for the following categories of rolling stock contracts: (1) for contracts entered into between the FAST Act’s effective date and date of enactment — between October 1, 2015 and December 4, 2015 — the increased domestic content requirements for FY2018 and beyond will not apply, regardless of when the vehicles are delivered; and (2) for contracts entered into after December 4, 2015 as a result of solicitations for bids or requests for proposals that were advertised before December 4, 2015, the increased domestic content requirements for FY2018 and beyond will not apply, regardless of when the vehicles are delivered. To comment on the proposed public interest waiver, go to Regulations.gov before April 13, 2016.
