January 30, 2026

By Lane Kimble

The Federal Highway Administration will keep the Manufactured Products Final Rule in place, removing a decades-old waiver despite pushback from industry groups.

FHWA this week published a new Q&A document on the final rule and the overall Build America, Buy America law.

The Q&A document primarily covers clarifications on iron and steel construction products, as well as what qualifies as being “made in America.” It also explains important effective dates for the rule’s application.

The rule change came at the tail end of the Biden administration, when the former president eliminated the manufactured products waiver.

FHWA had used its waiver authority since 1983 to exempt a wide array of items used on federal-aid highway projects — including electronics, ITS hardware, electrical equipment, signal boxes, pumps and many more – from provisions mandating that they be produced in the United States.

With the new rule, manufactured construction products will need to be built in the United States and be made of at least 55% US-made components. President Trump and the USDOT initially put the rule change on hold last year for review.

Removing the waiver could cost the transportation construction industry $8.5 billion over the next decade despite “Buy America’s” well-intentioned goals, ARTBA reported last year.

In a meeting with ARTBA’s Executive Committee this month, FHWA Administrator Sean McMaster said he wants to ensure Buy America requirements do not delay projects, but that waivers must be “limited, strategic, and temporary.”