FHWA issues notice proposing modification of EV charger Buy America waiver (potentially raising domestic content threshold up to 100%)

FHWA published a Federal Register notice seeking public comment on a proposed modification to the waiver of Buy America requirements for electric vehicle (EV) chargers used in Federal-aid highway projects under BABA/Buy America implementation. The proposal seeks input on potentially increasing the domestic content threshold for EV charger components beyond the current 55% (up to 100%), while retaining U.S. final assembly. FHWA states it will decide whether to continue, modify, or discontinue the waiver after considering comments; if finalized, the change would apply to projects obligated after publication of a final notice. Compliance teams supporting EV charging infrastructure (manufacturers, contractors, and recipients) should monitor the docket and be prepared for a higher domestic-component content requirement if adopted.