On February 21, 2023, the Federal Highway Administration (“FHWA”) published a Notice of Waiver for Buy America requirements related to Electric Vehicle (“EV”) Chargers, 88 Fed. Reg. 10619. This waiver notice follows the Notice of Proposed Waiver published by FHWA on August 31, 2022. See 87 Fed. Reg. 53539. In response to a robust response from industry, the final waiver is narrower and more streamlined than the proposed waiver, bringing the number of phases from four to two, and simplifying the definition of an EV charger. The waiver applies starting March 23, 2023.
Jennifer Bentley is an associate in the firm’s Washington, DC office. She is a member of the Government Contracts Practice Group and Litigation and Investigations Practice Group. She also maintains an active pro bono practice.