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FHWA weighs 100% domestic materials rule for NEVI chargers

February 12, 2026

The Federal Highway Administration is seeking public comment on whether to continue waivers that allow electric vehicle (EV) chargers funded with federal dollars to contain some foreign-made components. Transportation Sec. Sean P. Duffy announced that the proposal targets the Biden administration’s domestic content requirement of 55%, which was set in 2023, and would require all federally funded EV chargers to maintain 100% domestic material content. 

Federal officials say the proposed change would support competitive business practices, boost American manufacturing, strengthen cybersecurity and create jobs. The original waiver was intended to remove barriers to quickly building a nationwide EV charging network. In January, Congress rescinded $879 million in unused funds from the National Electric Vehicle Infrastructure Formula Program (NEVI) as part of an FY 2026 appropriations bill redirecting unused money to other infrastructure priorities. Duffy has said the NEVI program failed to deliver results quickly enough and that expanding Buy America requirements will help accelerate domestic manufacturing and speed deployment of the charging network. 

The FHWA signed the notice Feb. 10 and submitted it for publication in the Federal Register; once it appears there, a 30-day public comment period will begin. The FHWA will review feedback from state transportation agencies, manufacturers and other stakeholders before deciding whether to modify, extend or end the existing waivers. Any final rule would set new standards for the sourcing and assembly of chargers installed with federal funding. 

The NEVI program, created under the 2021 bipartisan infrastructure law, provides $5 billion to help states build a national network of fast-charging stations along major highways. Federal data show that roughly 1,600 charging stations have been approved or planned through the program, while about 150 are currently operational. Trump administration officials have pointed to the slow pace of deployment as a reason for revisiting the existing Buy America waivers. 


Photo by Kindel Media from Pexels

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