What This Means for You
- Federally funded EV chargers could soon be required to be 100 percent domestically produced.
- Foreign commercial drivers must meet stricter immigration and driving history verification rules to obtain a CDL.
- Airlines must formally certify they use merit-based hiring for pilots or face possible federal investigation.
WASHINGTON, D.C. — Electric vehicle charging projects funded with federal dollars could soon be required to use fully domestic components, as the U.S. Department of Transportation moves to raise the Buy America requirement from 55 percent to up to 100 percent.
In a February 10 announcement, Transportation Secretary Sean P. Duffy said the department is proposing to modify an existing public interest waiver that currently allows partial foreign content in EV chargers funded through the Federal Highway Administration. A Buy America requirement generally mandates that iron, steel, manufactured products and construction materials used in federally funded transportation projects be produced in the United States.
If finalized, the updated waiver would require EV chargers to be manufactured in the United States and allow up to 100 percent of component costs to be domestic for projects funded by FHWA. The proposal updates a waiver originally published in the Federal Register on February 21, 2023.
The department stated the change is intended to strengthen domestic manufacturing capacity and address cybersecurity and national security concerns related to foreign-made components.
CDL Rule Tightens Eligibility for Foreign Drivers
On February 11, the department issued a final rule limiting eligibility for non-domiciled commercial driver’s licenses, or CDLs, to certain nonimmigrant visa holders and requiring enhanced verification of immigration and driving records.
A commercial driver’s license is required to operate large trucks and buses. The final rule requires State Driver’s Licensing Agencies to verify applicants’ lawful status through the federal Systematic Alien Verification for Entitlements, or SAVE, database. It also eliminates the use of Employment Authorization Documents as standalone proof of eligibility.
Under the rule, eligibility is limited to individuals holding H-2A, H-2B, or E-2 nonimmigrant status. Applicants must present an unexpired foreign passport and Form I-94 documentation, which records arrival and departure information for noncitizens.
The department said the rule addresses what it described as a gap that allowed some states to issue CDLs without verifying foreign driving histories. The rule takes effect 30 days after publication in the Federal Register.
FAA Mandates Certification of Merit-Based Pilot Hiring
On February 13, the department announced that the Federal Aviation Administration will issue a new mandatory Operations Specification, or OpSpec, requiring commercial airlines to certify that they use merit-based hiring practices for pilots.
An OpSpec is a binding operational authorization that sets conditions under which an airline operates. Under the new requirement, carriers must formally attest that hiring decisions are based on qualifications and technical standards. Failure to comply could trigger a federal investigation.
The FAA cited its authority under federal aviation law to prescribe minimum safety standards for air carriers. The agency stated that operational safety depends on pilots meeting established training, experience and proficiency requirements.
Broader Policy Context
The department linked the EV charger proposal to revised guidance for the National Electric Vehicle Infrastructure Formula Program, which distributes federal funds to states for EV charging infrastructure.
The CDL rule follows a nationwide audit of states issuing non-domiciled CDLs and prior emergency actions related to English language proficiency enforcement for commercial motor vehicle drivers.
Officials said the combined actions are intended to address supply chain security, roadway safety and aviation oversight through regulatory changes affecting federally funded infrastructure, commercial trucking and airline operations.
Notices related to the EV charger waiver and CDL rule will be published in the Federal Register.
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