Update Announced by USDOT
The U.S. Department of Transportation (USDOT) has introduced a proposal that could change how electric vehicle (EV) chargers are sourced for federally funded projects. On February 10, 2026, Transportation Secretary Sean P. Duffy unveiled a plan to modify an existing Buy America public interest waiver.
The proposal would raise the domestic content threshold for EV chargers. The current requirement is 55 percent. The new threshold could reach as high as 100 percent. USDOT said the goal is to support U.S. manufacturing, strengthen supply chains, and address national security concerns.
Domestic Content Could Reach 100%
Under the proposed modification, EV chargers funded through Federal Highway Administration (FHWA) programs would face stricter standards. Chargers would need to be manufactured in the United States. Final assembly would also need to take place domestically.
FHWA is seeking public comment on another major shift. The agency is reviewing whether up to 100 percent of EV charger component costs should come from U.S. sources. This would be a significant increase from the current 55 percent requirement.
USDOT stated that manufacturers now have the ability to meet higher domestic sourcing targets. Officials said U.S.-based production capacity has improved since earlier phases of the waiver.
Changes Would Apply Immediately
USDOT indicated that once the waiver modification is finalized, the updated Buy America rules would take effect right away. The changes would apply to EV charger acquisitions and installations tied to federally funded projects obligated after publication of the final notice.
This immediate applicability could affect state DOTs, contractors, and developers. Equipment purchases would need to meet revised domestic sourcing standards.
Buy America Waiver Proposal Open for Comment
The proposal is detailed in FHWA’s “Notice of Proposed Modification of the Waiver of Buy America Requirements for Electric Vehicle Chargers.” The notice was signed by FHWA Administrator Sean McMaster on February 10, 2026.
FHWA is requesting comments from manufacturers, state agencies, contractors, and other stakeholders. The agency is reviewing whether the waiver should be continued, modified, or discontinued. Officials are also seeking feedback on the appropriate Buy America domestic content threshold.
Comments must be submitted through the Federal eRulemaking Portal under Docket No. FHWA-2025-0070.
Buy America Waiver Background and Timeline
FHWA first evaluated U.S. EV charger manufacturing capacity through a Request for Information (RFI) issued in 2021. After reviewing industry feedback, the agency published a proposed waiver in 2022. FHWA finalized the EV charger waiver in February 2023.
The waiver created phased Buy America requirements:
- EV chargers manufactured before July 1, 2024, qualified if final assembly occurred in the U.S.
- Chargers manufactured on or after July 1, 2024, required U.S. final assembly and at least 55 percent domestic component cost.
- Charger housings made mainly of iron or steel were excluded from the waiver and remained subject to standard Buy America rules.
FHWA also reserved the authority to revise the waiver if market conditions changed.
Buy America Rules Expanded for Highway Projects
In January 2025, FHWA issued a final rule that broadened Buy America requirements for manufactured products used in Federal-aid highway projects.
Key provisions included:
- Projects obligated on or after October 1, 2025, must use products assembled in the United States
- Projects obligated on or after October 1, 2026, must meet a 55 percent domestic component cost threshold
FHWA clarified that EV chargers would continue to be governed by the separate waiver instead of the broader manufactured product rule.
Buy America Proposal Cites Security Concerns
FHWA’s proposal highlights national security and cybersecurity considerations. The agency pointed to potential risks linked to foreign-made electronic parts used in charging equipment.
Officials also noted that earlier supply chain disruptions have stabilized. Feedback from manufacturers during FHWA’s 2023 RFI suggested that full domestic EV charger production is now achievable.
FHWA stated that raising the Buy America domestic content threshold could strengthen supply chain resilience. It could also reduce reliance on overseas suppliers.
Buy America Proposal Follows NEVI Guidance Changes
The waiver proposal follows policy updates made to the National Electric Vehicle Infrastructure (NEVI) Formula Program in 2025. USDOT issued revised guidance aimed at speeding up EV charger deployment.
The updated NEVI guidance:
- Simplified state EV Infrastructure Deployment Plans
- Reduced consultation and engagement mandates
- Provided flexibility in charger spacing
- Minimized grid integration requirements
- Accelerated project approvals
USDOT said the revisions were designed to remove barriers that had slowed charger construction.
Buy America Implications for Trucking and Contractors
Most heavy-duty trucks still rely on diesel power. However, EV infrastructure policies remain an important topic across the trucking industry. Charging availability, technology costs, and federal funding rules all play a role in long-term planning.
For contractors and developers working on FHWA-funded projects, the Buy America proposal could influence procurement strategies. Equipment suppliers may need to verify higher levels of domestic content. Compliance checks may also become more detailed.
Decision Expected After Review
FHWA will review comments submitted during the public input period. The agency will then publish a determination in the Federal Register. That decision will state whether the Buy America waiver will be modified, continued, or discontinued.
If FHWA issues a waiver finding, federal law requires an added five-day comment period. During that time, the finding remains valid. Late comments may still influence future agency actions.
The final outcome will determine how Buy America rules apply to EV charger sourcing in federally funded highway projects moving forward.
Vincent ShakirFebruary 11, 20263 Mins read571
