No requirement shall be imposed and no procedure shall be enforced by any State transportation department in connection with a project which may operate:
(a) To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from or prepared, made or produced in any State, territory or possession of the United States; or
(b) To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies.
Notes of Decisions
Mabey Bridge & Shore, Inc. v. Schoch, 666 F.3d 862 (3rd Cir. 2012).
· cites it 2× “§ 313 (d) by instead relying principally on the federal regulations implementing the Buy America Act, particularly 23 C.F.R. § 635.409 (b). That section provides that: No requirement shall be imposed and no procedure shall be enforced by any State transportation department in…”
Antilles Cement Corp. v. Calderon, 288 F. Supp. 2d 187 (D.P.R. 2003).
· cites it 3× “§§ 101-161 , as implemented by federal regulations 23 C.F.R. 635.409 and 635.410, which Plaintiff claims prohibit states using federal funds for highway construction from imposing requirements that discriminate against materials from other states.”
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