Request for Information Regarding Iron, Steel, Construction Materials, and Manufactured Products Used in Housing Programs Pursuant to the Build America, Buy America Act, 10090-10094 [2024-02900]
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Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices
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I. Section 207(c)(3)(A) (12 U.S.C.
1713(c)(3)(A));
II. Section 213(b)(2)(A) (12 U.S.C.
1715e(b)(2)(A));
III. Section 220(d)(3)(B)(iii)(I) (12 U.S.C.
1715k(d)(3)(B)(iii)(I));
IV. Section 221(d)(3)(ii)(I) (12 U.S.C.
1715l(d)(3)(ii)(I));
V. Section 221(d)(4)(ii)(I) (12 U.S.C.
1715l(d)(4)(ii)(I));
VI. Section 231(c)(2)(A) (12 U.S.C.
1715v(c)(2)(A)); and
VII. Section 234(e)(3)(A) (12 U.S.C.
1715y(e)(3)(A)).
Section 206A goes on to state:
(a) [the preceding] ‘‘Dollar Amounts’’
shall be adjusted annually (commencing
in 2004) on the effective date of the
Federal Reserve Board’s adjustment of
the $400 figure in the Home Ownership
and Equity Protection Act of 1994
(HOEPA). The adjustment of the Dollar
Amounts shall be calculated using the
percentage change in the Consumer
Price Index for All Urban Consumers
(CPI–U) as applied by the Federal
Reserve Board for purposes of the
above-described HOEPA adjustment.
(b) Notification[.] The Federal Reserve
Board on a timely basis shall notify the
Secretary, or his designee, in writing of
the adjustment described in subsection
(a) and of the effective date of such
adjustment in order to permit the
Secretary to undertake publication in
the Federal Register of corresponding
adjustments to the Dollar Amounts. The
dollar amount of any adjustment shall
be rounded to the next lower dollar.
Note that 206A has not been updated
to reflect the fact that HOEPA has been
revised to use $1,000 as the basis for the
adjustment rather than $400, and the
Consumer Finance Protection Bureau
has replaced the Federal Reserve Board
in administering the adjustment. These
changes were made by the Dodd-Frank
Wall Street Reform and Consumer
Protection Act’s amendments to the
Truth in Lending Act, as further
explained in the regulatory
implementation of said changes found
in 78 FR 6856, 6879 (Jan. 31, 2013).
The percentage change in the CPI–U
used for the HOEPA adjustment is a 4.9
percent increase and the effective date
of the HOEPA adjustment is January 1,
2024. The Dollar Amounts under
section 206A have been adjusted
correspondingly and have an effective
date of January 1, 2024 (see 88 FR
65113, Sept. 21, 2023).
These revised statutory limits may be
applied to FHA multifamily mortgage
insurance applications submitted or
amended on or after January 1, 2024, so
long as the loan has not been initially
endorsed.
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The adjusted Dollar Amounts for
Calendar Year 2024 are shown below.
Basic Statutory Mortgage Limits for
Calendar Year 2024 Multifamily Loan
Program
Section 207—Multifamily Housing;
Section 207 pursuant to Section 223(f)—
Purchase or Refinance Housing; and,
Section 220—Housing in Urban
Renewal Areas
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$64,979
71,980
85,980
105,977
119,977
Elevator
$75,792
83,980
102,976
128,972
145,833
Section 213—Cooperatives
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$70,419
81,196
97,925
125,346
139,644
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$71,856
82,853
99,923
127,906
142,493
103,302
133,641
146,700
Elevator
$75,620
86,687
105,414
136,372
149,693
Section 221(d)(4)—Moderate Income
Housing
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$64,666
73,409
88,733
111,374
125,851
Elevator
$69,853
80,080
97,379
125,974
138,285
Section 231—Housing for the Elderly
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$61,480
68,732
82,077
98,776
116,129
Elevator
$69,853
80,080
97,379
125,974
138,285
Section 207—Manufactured Home Parks
Per Space—$29,830
Environmental Impact
This notice involves a statutorily
required establishment of mortgage loan
limits that does not constitute a
development decision affecting the
physical condition of specific project
areas or building sites. Accordingly,
under 24 CFR 50.19(c)(6), this notice is
categorically excluded from
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Julia R. Gordon,
Assistant Secretary for Housing—Federal
Housing Administration Commissioner.
[FR Doc. 2024–02870 Filed 2–12–24; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6433–N–01]
Request for Information Regarding
Iron, Steel, Construction Materials, and
Manufactured Products Used in
Housing Programs Pursuant to the
Build America, Buy America Act
Office of the Secretary,
Department of Housing and Urban
$74,982 Development (HUD).
84,952 ACTION: Request for information.
Elevator
Section 234—Condominium Housing
Bedrooms
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
AGENCY:
This Request for Information
(RFI) seeks public input on the
implementation of the Build America,
Buy America Act (BABA or the Act) as
it applies to HUD’s Federal Financial
Assistance (FFA) provided in support of
the construction, alteration,
maintenance, and repair of housing
infrastructure projects in the United
States. The purpose of this RFI is to
improve HUD’s understanding of the
current state of the domestic market for
products required in housing
infrastructure projects. HUD is
especially interested in comments
detailing domestic materials sourcing,
market readiness, other product supply
considerations, and whether specific
housing products or their components
are manufactured in the United States.
DATES: Comment Due Date: April 15,
2024. Late-filed comments will be
considered to the extent practicable.
ADDRESSES: Interested persons are
invited to submit comments on this RFI.
Copies of all comments submitted are
available for inspection and
downloading at www.regulations.gov.
To receive consideration as public
comments, comments must be
submitted through one of the two
methods specified below. All
submissions must refer to the above
docket number and title. Commenters
are encouraged to identify the number
of the specific question or questions to
which they are responding. Responses
should include the name(s) of the
person(s) or organization(s) filing the
comment; however, because any
responses received by HUD will be
publicly available, responses should not
include any personally identifiable
SUMMARY:
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information or confidential commercial
information. Business confidential
information can be submitted to
BuildAmericaBuyAmerica@hud.gov.
1. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov website can be
viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
2. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW, Room 10276,
Washington, DC 20410–0500.
No Facsimile Comments. Facsimile
(FAX) comments will not be accepted.
Public Inspection of Comments. All
comments and communications
properly submitted to HUD will be
available for public inspection and
copying between 8 a.m. and 5 p.m.
weekdays at the above address. Due to
security measures at the HUD
Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at (202) 708–
3055 (this is not a toll-free number).
HUD welcomes and is prepared to
receive calls from individuals who are
deaf or hard of hearing, as well as
individuals with speech or
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communication disabilities. To learn
more about how to make an accessible
telephone call, please visit: https://
www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
Copies of all comments submitted are
available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Faith Rogers, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 10126, Washington,
DC 20410–5000, at (202) 402–7082 (this
is not a toll-free number). HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech and communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs. HUD encourages
submission of questions about this
document be sent to
BuildAmericaBuyAmerica@hud.gov.
SUPPLEMENTARY INFORMATION:
I. Responding to This Request for
Information
HUD encourages supplier and other
stakeholders to identify products and
categories of products that currently
have sufficient domestic availability to
support HUD-assisted infrastructure
projects, to assist contractors and project
sponsors in incorporating compliant
products in their projects, and to help
HUD focus its activities to benefit
domestic manufacturers. To assist in
gathering this information, HUD seeks
input from the public, including HUD’s
project sponsors, their contractors and
offerors, manufacturers, labor unions,
transportation and trade associations,
and other interested parties. HUD seeks
information in several categories related
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to the domestic availability of products
commonly used in housing
infrastructure projects that are
compliant with the Buy America
Preference (BAP) requirements.
Please indicate in your written
comments the area of interest (product
or category of product) and the topic
number(s) below you are commenting
on and provide specific examples or
information to illustrate your comments
where possible. You do not need to
address every topic and should focus on
those where you have relevant expertise
or experience. In all cases, to the extent
possible, please cite any public data
related to or that support your
responses. If data is available, but nonpublic, describe such data to the extent
permissible.
II. Build America, Buy America
The Build America, Buy America Act
(‘‘BABA’’ or ‘‘the Act’’) was enacted on
November 15, 2021, as part of the
Infrastructure Investment and Jobs Act
(‘‘IIJA’’) (Pub. L. 117–58). The Act
establishes a domestic content
procurement preference, the BAP, for
Federal infrastructure programs. Section
70914(a) of the Act establishes that no
later than 180 days after the date of
enactment, HUD must ensure that none
of the funds made available for
infrastructure projects may be obligated
by the Department unless it has taken
steps to ensure that the iron, steel,
manufactured products, and
construction materials used in a project
are produced in the United States. In
section 70912, the Act further defines a
project to include ‘‘the construction,
alteration, maintenance, or repair of
infrastructure in the United States’’ and
includes within the definition of
infrastructure those items traditionally
included, along with buildings and real
property.
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III. HUD’s Implementation of BABA
The IIJA and the Inflation Reduction
Act (Pub. L. 117–169, Aug. 16, 2022)
provided historic investments for
federal infrastructure, including $1
billion in funding for green retrofits.
These developments in addition to
HUD’s base funding, provide an
opportunity for significant expansion of
domestic manufacturing capacity for
products. Since the enactment of BABA,
HUD has worked diligently to develop
a plan to fully implement the BAP
across its FFA programs. HUD
understands that advancing Made in
America objectives is a continuous
effort and believes setting forth
transparent implementation guidance
for FFA programs provides recipients,
stakeholders, and industry partners with
the ability to implement the BAP
efficiently and effectively to
infrastructure projects involving
dwelling units for eligible residents of
public and assisted housing funded by
HUD FFA. As part of those efforts, HUD
announced plans for a phased
implementation of the BAP
requirements in connection with its
award of FFA to all HUD programs and
corresponding waiver of the
applicability of the BAP consistent with
the published implementation
schedule.1 HUD also published two
general applicability, public interest
waivers covering Exigent
Circumstances 2 and De Minimis and
Small Grants.3 HUD subsequently
published an extension of its Public
Interest, General Applicability Waiver of
Build America, Buy America Provisions
as Applied to Tribal Recipients of HUD
Federal Financial Assistance 4 to
provide additional time for consultation
concerning its efforts to implement the
Act and its Public Interest, General
Applicability Waiver of Build America,
Buy America Provisions as Applied to
Pacific Island/Territory Recipients of
HUD Federal Financial Assistance is
under review.5 All waivers can be found
at https://www.hud.gov/program_
offices/general_counsel/build_america_
buy_america/waiver.
On June 1, 2022, HUD published
‘‘Request for Information Relating to the
Implementation of the Build America,
Buy America Act’’ 6 to, among other
things, gather additional information
necessary to fully implement the BAP
for HUD programs. HUD thoroughly
reviewed public comments received in
1 88
FR 17001, March 21, 2023.
FR 76505, December 14, 2022.
3 87 FR 76502, December 14, 2022.
4 88 FR 34514, May 30, 2023.
5 See 88 FR 52197, September 1, 2023.
6 See 87 FR 33193, June 1, 2022.
2 87
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response to its 2022 Request for
Information and proposed general
applicability waivers, in addition to
housing stakeholders’ self-initiated
comments submitted since the initial
effective date of BABA. Though helpful
in informing prior actions, these
comments did not provide the level of
detail necessary for HUD to know what
resources and guidance would be most
helpful to help recipients transition to
compliance with the Buy America
preference requirements, to include
identifying specific products purchased
with FFA dollars and whether those
items are being procured from domestic
sources.
HUD seeks greater clarity and data to
analyze and respond to the stakeholder
comments, particularly in light of the
‘‘Implementation Guidance on
Application of Buy America Preference
in Federal Financial Assistance
Programs for Infrastructure’’ (M–24–02)
and the final Guidance for Grants and
Agreements set forth in parts 184 and
200 of title 2 of the Code of Federal
Regulations.7 HUD is seeking more
detailed product-specific information on
the domestic availability of iron, steel,
construction materials and
manufactured products commonly used
in HUD-assisted housing programs and
infrastructure projects. Responses to this
RFI will improve HUD’s understanding
of the current domestic market for these
products to effectively implement
BABA for projects funded by its housing
programs and to evaluate the potential
need for short-term product waivers
from BABA requirements if products are
unavailable. It will also assist HUD in
determining how best to engage with
industry to identify potential options to
encourage the expansion of domestic
production in areas that are not
currently available and the timing for
when items currently waived may
become available from domestic
sources.
IV. OMB Implementation Guidance
On April 18, 2022, OMB issued the
M–22–11 to heads of Executive
Departments and Agencies.8 OMB
provided initial guidance to assist
agencies in developing interpretations
of BABA and key terminology, how to
apply the BAP to FFA used for
infrastructure, and how agencies should
structure a transparent waiver process.
On February 9, 2023, OMB issued a
Notification of Proposed Guidance in
7 See
88 FR 57750, August 23, 2023’.
Initial Implementation Guidance on
Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure,
M–22–11, available at https://www.whitehouse.gov/
wp-content/uploads/2022/04/M-22-11.pdf.
8 See
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the Federal Register proposing a new
Part 184 in 2 CFR chapter 1 to support
implementation of BABA and to clarify
existing provisions in 2 CFR 200.322.9
On August 23, 2023, OMB published
its final Guidance for Grants and
Agreements in the Federal Register with
revisions to provide additional guidance
on implementing the BAP statutory
requirements and improve FFA
management and transparency. The new
part 184.3 includes definitions for key
terms, including iron or steel products,
manufactured products, construction
materials, and materials identified in
section 70917(c) of the Act.10 The
guidance became effective October 23,
2023.
On October 25, 2023, OMB issued M–
24–02 to provide supplemental and
updated guidance such as modifying
Section VII of M–22–11 on ‘‘Issuing Buy
America Waivers’’ and summarizing 2
CFR part 184 with definitions of key
terms.11 With final guidance, HUD is
publishing this RFI in an effort to
understand the impact of compliance
and applying the BAP to construction
materials and manufactured products as
defined in Part 184.3 of the final
guidance and pursuant to M–24–02.
BABA requires each covered Federal
agency to ensure that ‘‘none of the funds
made available for a Federal financial
assistance program for infrastructure
. . . [are] obligated for a project unless
all of the iron, steel, manufactured
products, and construction materials
used in the project are produced in the
United States’’ except if a waiver is
granted. (Pub. L. 117–58, sec. 70914).
These requirements apply to an entire
infrastructure project funded by Federal
financial assistance, including those
funded by HUD housing programs, even
if it is also funded by non-Federal
funds. HUD is committed to ensuring
strong and effective BABA
implementation and compliance.
For all predominantly iron or steel
products used in infrastructure projects
that involve the obligation of Federal
financial assistance, all manufacturing
processes of the iron and/or steel
components, beginning with initial
melting and including application of a
coating, must occur in the United States.
(Pub. L. 117–58, sec. 70912(6)(A)).
Manufactured products must be
produced in the United States, meaning
the final point of manufacturing must
occur in the United States and the cost
of the components of the manufactured
product that are mined, produced, or
manufactured in the United States is
9 See
2 CFR parts 184 and 200.
Public Law 117–58 at section 70917(c).
11 See 2 CFR 184.3.
10 See
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greater than 55 percent of the total cost
of all components of the manufactured
product. (Pub. L. 117–58, sec.
70912(6)(B)).
For construction materials, all
manufacturing processes must occur in
the United States. (Pub. L. 117–58, sec.
70912(6)(c)). Construction materials
include incorporated products primarily
made of non-ferrous metals, plastic and
polymer-based products (including
polyvinylchloride), fiber optic cable
(including drop cable), optical fiber,
glass, lumber, engineered wood, and
drywall. (Pub. L. 117–58, sec. 70911(5),
and 2 CFR 184.6).
V. Request for Information
This RFI will assist HUD in
implementing and ensuring compliance
with BABA based on the guidance
provided by M–24–02 and the final
guidance on Grants and Agreements as
set forth in 2 CFR parts 184 and
200.322. Responses to this RFI will
assist HUD in furthering the goals and
objectives of BABA and provide
information necessary to understand the
best methods to implement the BAP for
HUD FFA used in housing
infrastructure projects to maximize the
use of iron, steel, construction materials,
and manufactured products produced in
the United States. Through this RFI,
HUD seeks information in Questions 1–
4 regarding the domestic availability of
specific housing infrastructure products
identified in this notice. HUD is
interested in promptly obtaining more
information on this and other issues
discussed in this notice to assess if
enough products/systems are currently
available to comply with BABA
requirements or whether sufficient
products would be available in the
future, and if so, when. This
information will also be supplied to all
applicable federal agencies that also
manage housing infrastructure
programs. In Question 5, HUD also
seeks input and recommendations on
how to ensure efficient and costeffective compliance with BAP.
HUD analysis of material and
manufactured product sourcing for the
construction of housing finds that many
materials and manufactured products
used in the construction of housing are
largely available from domestic
producers, such as: cement and concrete
products; architectural and structural
metals (e.g., metal windows and doors,
sheet metal ductwork, and rails and
fencing); petroleum and coal products
(e.g., asphalt roofing and paving
materials, any petroleum-based fuels
and lubricating products); plastic
products (e.g., plastic piping, plumbing
fixtures and polystyrene foam
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insulation); household and institutional
furniture and kitchen cabinets; wood
products (sawn lumber and treated
wood products, plywood and
engineered wood products, and other
wood products); and heating,
ventilation, and air conditioning
equipment.
However, HUD identified items which
may not be manufactured in the United
States with standards compliant with
the Act, as well as items which may be
manufactured in the United States, but
not with the requisite share of cost of
components to be considered compliant.
Through this notice, HUD is requesting
information to assist HUD in
implementing and ensuring compliance
with OMB standards. HUD welcomes
comments and information from the
public on what products are most
utilized in HUD-assisted housing
projects, and their availability from
domestic sources that meet
requirements for iron, steel,
construction materials or manufactured
products as specified in the Act. See
Section ‘‘I. Responding to this Request
for Information’’ for more information
about who is invited to comment on this
notice.
HUD specifically requests information
from the public on all categories of
products included in HUD
infrastructure grant programs. The
following is an example list but not
exhaustive:
—Lighting fixtures
—Electrical equipment and components
—Electrical wiring
—Ceramic plumbing fixtures
—Windows
—Home and garage doors
—Elevators
—Plumbing
—Other products for energy efficiency
upgrades and climate resilience:
geothermal, solar panels, radiant heat,
heat pumps, insultation (roof, ceiling,
wall, floor)
Questions 1, 2, 3, 4: For each of these
products or categories of products used
in HUD infrastructure grant programs
and based on your current
understanding of BABA requirements,
HUD is requesting the following
information about the following four
general topics: domestic materials
sourcing and manufacturing, market
readiness, delivery lead times and other.
You may also respond to these prompts
for products not included in this list
that are essential to completing the
construction, alteration, maintenance, or
repair of HUD-assisted housing projects.
At the beginning of your response,
please specify the products for which
you are providing an answer:
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1. Domestic Materials Sourcing and
Manufacturing
a. For each of the products or
categories of products you identified,
please specify whether products are
available that meet BABA requirements
(described above) or are currently
manufactured in the United States to
meet a domestic final assembly
condition. (Yes or no). To the best of
your ability, please identify the
countries of origin for the produces not
sourced domestically.
b. Please identify whether the
products in your response fall within
the iron and steel, manufactured
products, or construction materials
categories of BABA.
c. If you answered ‘‘Yes’’ to Topic
1(a), to the best of your knowledge.
i. Please identify all manufacturers
that can either meet BABA requirements
or can currently manufacture products
or categories of products you specified
in the United States. For products that
meet the condition of manufactured in
the United States, please identify the
manufacturing location and percentage
of components manufactured in the
United States as calculated by cost of
components (if known).
ii. What is the current production
capacity of the products that can meet
BABA requirements?
iii. What is the anticipated growth in
BABA-compliant capacity over the next
five years? Does this anticipated growth
consider the increased funding provided
across federal agencies to invest in clean
energy products? Please explain.
iv. For products able to meet BABA
requirements, what is the estimated lead
time from purchase order to delivery to
the project site? Has this lead time
increased or decreased in recent years?
d. If you answered ‘‘No’’ to Topic 1a:
i. What actions are manufacturers
taking/could take to increase the
manufacturing of products that will
meet BABA requirements?
ii. What additional support or
incentives (e.g., financial, rulemaking
certainty, etc.) are needed to ensure a
sufficient supply of products that meet
BABA requirements?
iii. How long might it take to
implement the steps needed to increase
or begin production of BABA compliant
products?
iv. If a plan is in place to manufacture
BABA compliant products, what is the
volume of specific products that will
follow BABA requirements and in what
time frame?
v. Will the volume of BABA
compliant products be ramped up over
time, and, if so, at what annual growth
rate?
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vi. What are the limiting factors for
the product’s ability to meet criteria for
BABA compliance? For example, are
there components of these products for
which it is hard to meet BABA
requirements? Please describe each
component separately and indicate
approximately what percent of
component value it represents.
2. Market Readiness
a. For all products specified in Topic
1(a), provide your observations on the
current and near-term demand expected
for these products or categories of
products, using specific numbers where
possible. Does this estimate of future
demand consider the increased funding
described above? Please explain.
b. Provide information regarding
whether the current and/or near-term
manufacturing capacity would be
adequate to meet the expected market
demand, citing specific numbers where
possible. Please specify any factors
helping or preventing the industry from
meeting the expected demand today and
in the near-term and provide
information on the current and expected
availability or unavailability of key
components or sub-components of the
product or category of products you
specified. If applicable, please identify
products where there is only one known
domestic manufacturer prepared to meet
Buy America requirements.
c. Are there factors that make it
difficult to credibly respond to
questions a and b of this section? If so,
please describe the limitations in your
analysis as specifically as possible.
d. Are there opportunities for
innovation (e.g., products that are
currently or potentially being developed
in the U.S. that could offer improved
performance or reduced costs to HUD
stakeholders?). If so, what challenges
and opportunities do you see to
advancing this innovation? (For
example, some products, such as heat
pumps, offer lower life-cycle costs but
higher initial costs; this change in cost
structure may lead to purchasing
challenges.
lotter on DSK11XQN23PROD with NOTICES1
3. Timing
a. Where known, for each product/
category of products specified in Topic
1, specify the current range of expected
product delivery timeframes. Are any
existing supply chain delays applicable
or anticipated for the product(s) or
critical components of the product(s)?
b. Provide information, if available,
on expected delivery timeframe
outlooks through the near-term future.
Provide information, if known, on
whether current timing delivery
VerDate Sep<11>2014
16:57 Feb 12, 2024
Jkt 262001
concerns are related to a temporary
disruption.
c. Provide information on the current
and expected near-term average
customer delivery time.
d. Provide information regarding
global supply chain constraints, local
permitting, safety requirements and
needs that may affect delivery
timeframes or extend installation time.
Provide any known information of
products that are in the process of
‘‘onshoring’’ as a result of recent
statutory, regulatory, or market changes.
4. Other Practical Considerations
Please specify any other
considerations for HUD regarding
production, products, systems,
equipment, or components of products
used in housing infrastructure.
5. BAP Compliance and Impact
HUD seeks input and
recommendations on how to ensure
compliance with BABA in the most
efficient and cost-effective way. HUD is
interested in answers to the following
questions that will help inform Agency
technical assistance and
implementation:
a. What type of contractual language
has been utilized to ensure compliance
with the BAP? If contractual language
has been utilized to ensure compliance
with a Buy America requirement, when
was it first added?
b. Are there existing mechanisms to
determine qualified contractors that use
American made iron, steel,
manufactured products, or construction
materials? Furthermore, how do
recipients currently track contractor
sourcing? What resources have been
identified with respect to contractor
sourcing with the adoption of a
domestic content procurement
preference or the BAP?
c. Is there a need for standard
contractual provisions to deal with
potential delays arising from BABA
compliance? If there is a need for a
product specific waiver, when would
contractors know about the need?
d. What other Federal agency funding
do you use to complete a HUD funded
housing project?
e. What is the estimated impact of
compliance with BAP on HUD assisted
programs?
f. What is the current cost associated
with the development, maintenance,
and operation of affordable housing
compliant with applicable HUD
requirements? What is the estimate of
the impact of the implementation of the
BAP in connection with HUD-funded
projects? Examples of specific products
would be especially helpful here.
PO 00000
Frm 00074
Fmt 4703
Sfmt 9990
All information submitted will assist
HUD in determining the extent to which
additional guidance or other actions are
necessary to facilitate the robust
implementation of the BAP
requirements across HUD’s programs.
Commenters should provide data and
evidence to support their responses to
the questions in this RFI.
Dated: February 7, 2024.
Marcia L. Fudge,
Secretary.
[FR Doc. 2024–02900 Filed 2–12–24; 8:45 am]
BILLING CODE 4210–67–P
INSTITUTE OF AMERICAN INDIAN AND
ALASKA NATIVE CULTURE AND ARTS
DEVELOPMENT
Request for Nominations to the Board
of Trustees
Institute of American Indian
and Alaska Native Culture and Arts
Development (aka Institute of American
Indian Arts).
AGENCY:
ACTION:
Notice; request for nominations.
The Board directs the
Administration of the Institute of
American Indian and Alaska Native
Culture and Arts Development,
including soliciting, accepting, and
disposing of gifts, bequests, and other
properties for the benefit of the Institute.
The Institute provides scholarly study of
and instruction in Indian art and culture
and establishes programs which
culminate in the awarding of degrees in
the various fields of Indian art and
culture. The Board consists of thirteen
members appointed by the President of
the United States, by and with the
consent of the U.S. Senate, who are
American Indians or persons
knowledgeable in the field of Indian art
and culture. This notice requests
nominations to fill five expiring terms
on the Board of Trustees.
SUMMARY:
Institute of American Indian
Arts, 83 Avan Nu Po Road, Santa Fe,
New Mexico 87508.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Robert Martin, President, 505–424–
2301.
Dated: January 30, 2024.
Robert Martin,
President.
[FR Doc. 2024–02975 Filed 2–12–24; 8:45 am]
BILLING CODE 4312–W4–P
E:\FR\FM\13FEN1.SGM
13FEN1
Dr.
]]>Agencies
[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10090-10094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02900]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6433-N-01]
Request for Information Regarding Iron, Steel, Construction
Materials, and Manufactured Products Used in Housing Programs Pursuant
to the Build America, Buy America Act
AGENCY: Office of the Secretary, Department of Housing and Urban
Development (HUD).
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: This Request for Information (RFI) seeks public input on the
implementation of the Build America, Buy America Act (BABA or the Act)
as it applies to HUD's Federal Financial Assistance (FFA) provided in
support of the construction, alteration, maintenance, and repair of
housing infrastructure projects in the United States. The purpose of
this RFI is to improve HUD's understanding of the current state of the
domestic market for products required in housing infrastructure
projects. HUD is especially interested in comments detailing domestic
materials sourcing, market readiness, other product supply
considerations, and whether specific housing products or their
components are manufactured in the United States.
DATES: Comment Due Date: April 15, 2024. Late-filed comments will be
considered to the extent practicable.
ADDRESSES: Interested persons are invited to submit comments on this
RFI. Copies of all comments submitted are available for inspection and
downloading at www.regulations.gov. To receive consideration as public
comments, comments must be submitted through one of the two methods
specified below. All submissions must refer to the above docket number
and title. Commenters are encouraged to identify the number of the
specific question or questions to which they are responding. Responses
should include the name(s) of the person(s) or organization(s) filing
the comment; however, because any responses received by HUD will be
publicly available, responses should not include any personally
identifiable
[[Page 10091]]
information or confidential commercial information. Business
confidential information can be submitted to
[email protected].
1. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov website can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
2. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
No Facsimile Comments. Facsimile (FAX) comments will not be
accepted.
Public Inspection of Comments. All comments and communications
properly submitted to HUD will be available for public inspection and
copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to
security measures at the HUD Headquarters building, an advance
appointment to review the public comments must be scheduled by calling
the Regulations Division at (202) 708-3055 (this is not a toll-free
number). HUD welcomes and is prepared to receive calls from individuals
who are deaf or hard of hearing, as well as individuals with speech or
communication disabilities. To learn more about how to make an
accessible telephone call, please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Copies of all comments
submitted are available for inspection and downloading at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Faith Rogers, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 10126, Washington,
DC 20410-5000, at (202) 402-7082 (this is not a toll-free number). HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech and
communication disabilities. To learn more about how to make an
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. HUD encourages submission
of questions about this document be sent to
[email protected].
SUPPLEMENTARY INFORMATION:
I. Responding to This Request for Information
HUD encourages supplier and other stakeholders to identify products
and categories of products that currently have sufficient domestic
availability to support HUD-assisted infrastructure projects, to assist
contractors and project sponsors in incorporating compliant products in
their projects, and to help HUD focus its activities to benefit
domestic manufacturers. To assist in gathering this information, HUD
seeks input from the public, including HUD's project sponsors, their
contractors and offerors, manufacturers, labor unions, transportation
and trade associations, and other interested parties. HUD seeks
information in several categories related to the domestic availability
of products commonly used in housing infrastructure projects that are
compliant with the Buy America Preference (BAP) requirements.
Please indicate in your written comments the area of interest
(product or category of product) and the topic number(s) below you are
commenting on and provide specific examples or information to
illustrate your comments where possible. You do not need to address
every topic and should focus on those where you have relevant expertise
or experience. In all cases, to the extent possible, please cite any
public data related to or that support your responses. If data is
available, but non-public, describe such data to the extent
permissible.
II. Build America, Buy America
The Build America, Buy America Act (``BABA'' or ``the Act'') was
enacted on November 15, 2021, as part of the Infrastructure Investment
and Jobs Act (``IIJA'') (Pub. L. 117-58). The Act establishes a
domestic content procurement preference, the BAP, for Federal
infrastructure programs. Section 70914(a) of the Act establishes that
no later than 180 days after the date of enactment, HUD must ensure
that none of the funds made available for infrastructure projects may
be obligated by the Department unless it has taken steps to ensure that
the iron, steel, manufactured products, and construction materials used
in a project are produced in the United States. In section 70912, the
Act further defines a project to include ``the construction,
alteration, maintenance, or repair of infrastructure in the United
States'' and includes within the definition of infrastructure those
items traditionally included, along with buildings and real property.
[[Page 10092]]
III. HUD's Implementation of BABA
The IIJA and the Inflation Reduction Act (Pub. L. 117-169, Aug. 16,
2022) provided historic investments for federal infrastructure,
including $1 billion in funding for green retrofits. These developments
in addition to HUD's base funding, provide an opportunity for
significant expansion of domestic manufacturing capacity for products.
Since the enactment of BABA, HUD has worked diligently to develop a
plan to fully implement the BAP across its FFA programs. HUD
understands that advancing Made in America objectives is a continuous
effort and believes setting forth transparent implementation guidance
for FFA programs provides recipients, stakeholders, and industry
partners with the ability to implement the BAP efficiently and
effectively to infrastructure projects involving dwelling units for
eligible residents of public and assisted housing funded by HUD FFA. As
part of those efforts, HUD announced plans for a phased implementation
of the BAP requirements in connection with its award of FFA to all HUD
programs and corresponding waiver of the applicability of the BAP
consistent with the published implementation schedule.\1\ HUD also
published two general applicability, public interest waivers covering
Exigent Circumstances \2\ and De Minimis and Small Grants.\3\ HUD
subsequently published an extension of its Public Interest, General
Applicability Waiver of Build America, Buy America Provisions as
Applied to Tribal Recipients of HUD Federal Financial Assistance \4\ to
provide additional time for consultation concerning its efforts to
implement the Act and its Public Interest, General Applicability Waiver
of Build America, Buy America Provisions as Applied to Pacific Island/
Territory Recipients of HUD Federal Financial Assistance is under
review.\5\ All waivers can be found at https://www.hud.gov/program_offices/general_counsel/build_america_buy_america/waiver.
---------------------------------------------------------------------------
\1\ 88 FR 17001, March 21, 2023.
\2\ 87 FR 76505, December 14, 2022.
\3\ 87 FR 76502, December 14, 2022.
\4\ 88 FR 34514, May 30, 2023.
\5\ See 88 FR 52197, September 1, 2023.
---------------------------------------------------------------------------
On June 1, 2022, HUD published ``Request for Information Relating
to the Implementation of the Build America, Buy America Act'' \6\ to,
among other things, gather additional information necessary to fully
implement the BAP for HUD programs. HUD thoroughly reviewed public
comments received in response to its 2022 Request for Information and
proposed general applicability waivers, in addition to housing
stakeholders' self-initiated comments submitted since the initial
effective date of BABA. Though helpful in informing prior actions,
these comments did not provide the level of detail necessary for HUD to
know what resources and guidance would be most helpful to help
recipients transition to compliance with the Buy America preference
requirements, to include identifying specific products purchased with
FFA dollars and whether those items are being procured from domestic
sources.
---------------------------------------------------------------------------
\6\ See 87 FR 33193, June 1, 2022.
---------------------------------------------------------------------------
HUD seeks greater clarity and data to analyze and respond to the
stakeholder comments, particularly in light of the ``Implementation
Guidance on Application of Buy America Preference in Federal Financial
Assistance Programs for Infrastructure'' (M-24-02) and the final
Guidance for Grants and Agreements set forth in parts 184 and 200 of
title 2 of the Code of Federal Regulations.\7\ HUD is seeking more
detailed product-specific information on the domestic availability of
iron, steel, construction materials and manufactured products commonly
used in HUD-assisted housing programs and infrastructure projects.
Responses to this RFI will improve HUD's understanding of the current
domestic market for these products to effectively implement BABA for
projects funded by its housing programs and to evaluate the potential
need for short-term product waivers from BABA requirements if products
are unavailable. It will also assist HUD in determining how best to
engage with industry to identify potential options to encourage the
expansion of domestic production in areas that are not currently
available and the timing for when items currently waived may become
available from domestic sources.
---------------------------------------------------------------------------
\7\ See 88 FR 57750, August 23, 2023'.
---------------------------------------------------------------------------
IV. OMB Implementation Guidance
On April 18, 2022, OMB issued the M-22-11 to heads of Executive
Departments and Agencies.\8\ OMB provided initial guidance to assist
agencies in developing interpretations of BABA and key terminology, how
to apply the BAP to FFA used for infrastructure, and how agencies
should structure a transparent waiver process.
---------------------------------------------------------------------------
\8\ See Initial Implementation Guidance on Application of Buy
America Preference in Federal Financial Assistance Programs for
Infrastructure, M-22-11, available at https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf.
---------------------------------------------------------------------------
On February 9, 2023, OMB issued a Notification of Proposed Guidance
in the Federal Register proposing a new Part 184 in 2 CFR chapter 1 to
support implementation of BABA and to clarify existing provisions in 2
CFR 200.322.\9\
---------------------------------------------------------------------------
\9\ See 2 CFR parts 184 and 200.
---------------------------------------------------------------------------
On August 23, 2023, OMB published its final Guidance for Grants and
Agreements in the Federal Register with revisions to provide additional
guidance on implementing the BAP statutory requirements and improve FFA
management and transparency. The new part 184.3 includes definitions
for key terms, including iron or steel products, manufactured products,
construction materials, and materials identified in section 70917(c) of
the Act.\10\ The guidance became effective October 23, 2023.
---------------------------------------------------------------------------
\10\ See Public Law 117-58 at section 70917(c).
---------------------------------------------------------------------------
On October 25, 2023, OMB issued M-24-02 to provide supplemental and
updated guidance such as modifying Section VII of M-22-11 on ``Issuing
Buy America Waivers'' and summarizing 2 CFR part 184 with definitions
of key terms.\11\ With final guidance, HUD is publishing this RFI in an
effort to understand the impact of compliance and applying the BAP to
construction materials and manufactured products as defined in Part
184.3 of the final guidance and pursuant to M-24-02.
---------------------------------------------------------------------------
\11\ See 2 CFR 184.3.
---------------------------------------------------------------------------
BABA requires each covered Federal agency to ensure that ``none of
the funds made available for a Federal financial assistance program for
infrastructure . . . [are] obligated for a project unless all of the
iron, steel, manufactured products, and construction materials used in
the project are produced in the United States'' except if a waiver is
granted. (Pub. L. 117-58, sec. 70914). These requirements apply to an
entire infrastructure project funded by Federal financial assistance,
including those funded by HUD housing programs, even if it is also
funded by non-Federal funds. HUD is committed to ensuring strong and
effective BABA implementation and compliance.
For all predominantly iron or steel products used in infrastructure
projects that involve the obligation of Federal financial assistance,
all manufacturing processes of the iron and/or steel components,
beginning with initial melting and including application of a coating,
must occur in the United States. (Pub. L. 117-58, sec. 70912(6)(A)).
Manufactured products must be produced in the United States,
meaning the final point of manufacturing must occur in the United
States and the cost of the components of the manufactured product that
are mined, produced, or manufactured in the United States is
[[Page 10093]]
greater than 55 percent of the total cost of all components of the
manufactured product. (Pub. L. 117-58, sec. 70912(6)(B)).
For construction materials, all manufacturing processes must occur
in the United States. (Pub. L. 117-58, sec. 70912(6)(c)). Construction
materials include incorporated products primarily made of non-ferrous
metals, plastic and polymer-based products (including
polyvinylchloride), fiber optic cable (including drop cable), optical
fiber, glass, lumber, engineered wood, and drywall. (Pub. L. 117-58,
sec. 70911(5), and 2 CFR 184.6).
V. Request for Information
This RFI will assist HUD in implementing and ensuring compliance
with BABA based on the guidance provided by M-24-02 and the final
guidance on Grants and Agreements as set forth in 2 CFR parts 184 and
200.322. Responses to this RFI will assist HUD in furthering the goals
and objectives of BABA and provide information necessary to understand
the best methods to implement the BAP for HUD FFA used in housing
infrastructure projects to maximize the use of iron, steel,
construction materials, and manufactured products produced in the
United States. Through this RFI, HUD seeks information in Questions 1-4
regarding the domestic availability of specific housing infrastructure
products identified in this notice. HUD is interested in promptly
obtaining more information on this and other issues discussed in this
notice to assess if enough products/systems are currently available to
comply with BABA requirements or whether sufficient products would be
available in the future, and if so, when. This information will also be
supplied to all applicable federal agencies that also manage housing
infrastructure programs. In Question 5, HUD also seeks input and
recommendations on how to ensure efficient and cost-effective
compliance with BAP.
HUD analysis of material and manufactured product sourcing for the
construction of housing finds that many materials and manufactured
products used in the construction of housing are largely available from
domestic producers, such as: cement and concrete products;
architectural and structural metals (e.g., metal windows and doors,
sheet metal ductwork, and rails and fencing); petroleum and coal
products (e.g., asphalt roofing and paving materials, any petroleum-
based fuels and lubricating products); plastic products (e.g., plastic
piping, plumbing fixtures and polystyrene foam insulation); household
and institutional furniture and kitchen cabinets; wood products (sawn
lumber and treated wood products, plywood and engineered wood products,
and other wood products); and heating, ventilation, and air
conditioning equipment.
However, HUD identified items which may not be manufactured in the
United States with standards compliant with the Act, as well as items
which may be manufactured in the United States, but not with the
requisite share of cost of components to be considered compliant.
Through this notice, HUD is requesting information to assist HUD in
implementing and ensuring compliance with OMB standards. HUD welcomes
comments and information from the public on what products are most
utilized in HUD-assisted housing projects, and their availability from
domestic sources that meet requirements for iron, steel, construction
materials or manufactured products as specified in the Act. See Section
``I. Responding to this Request for Information'' for more information
about who is invited to comment on this notice.
HUD specifically requests information from the public on all
categories of products included in HUD infrastructure grant programs.
The following is an example list but not exhaustive:
--Lighting fixtures
--Electrical equipment and components
--Electrical wiring
--Ceramic plumbing fixtures
--Windows
--Home and garage doors
--Elevators
--Plumbing
--Other products for energy efficiency upgrades and climate resilience:
geothermal, solar panels, radiant heat, heat pumps, insultation (roof,
ceiling, wall, floor)
Questions 1, 2, 3, 4: For each of these products or categories of
products used in HUD infrastructure grant programs and based on your
current understanding of BABA requirements, HUD is requesting the
following information about the following four general topics: domestic
materials sourcing and manufacturing, market readiness, delivery lead
times and other. You may also respond to these prompts for products not
included in this list that are essential to completing the
construction, alteration, maintenance, or repair of HUD-assisted
housing projects. At the beginning of your response, please specify the
products for which you are providing an answer:
1. Domestic Materials Sourcing and Manufacturing
a. For each of the products or categories of products you
identified, please specify whether products are available that meet
BABA requirements (described above) or are currently manufactured in
the United States to meet a domestic final assembly condition. (Yes or
no). To the best of your ability, please identify the countries of
origin for the produces not sourced domestically.
b. Please identify whether the products in your response fall
within the iron and steel, manufactured products, or construction
materials categories of BABA.
c. If you answered ``Yes'' to Topic 1(a), to the best of your
knowledge.
i. Please identify all manufacturers that can either meet BABA
requirements or can currently manufacture products or categories of
products you specified in the United States. For products that meet the
condition of manufactured in the United States, please identify the
manufacturing location and percentage of components manufactured in the
United States as calculated by cost of components (if known).
ii. What is the current production capacity of the products that
can meet BABA requirements?
iii. What is the anticipated growth in BABA-compliant capacity over
the next five years? Does this anticipated growth consider the
increased funding provided across federal agencies to invest in clean
energy products? Please explain.
iv. For products able to meet BABA requirements, what is the
estimated lead time from purchase order to delivery to the project
site? Has this lead time increased or decreased in recent years?
d. If you answered ``No'' to Topic 1a:
i. What actions are manufacturers taking/could take to increase the
manufacturing of products that will meet BABA requirements?
ii. What additional support or incentives (e.g., financial,
rulemaking certainty, etc.) are needed to ensure a sufficient supply of
products that meet BABA requirements?
iii. How long might it take to implement the steps needed to
increase or begin production of BABA compliant products?
iv. If a plan is in place to manufacture BABA compliant products,
what is the volume of specific products that will follow BABA
requirements and in what time frame?
v. Will the volume of BABA compliant products be ramped up over
time, and, if so, at what annual growth rate?
[[Page 10094]]
vi. What are the limiting factors for the product's ability to meet
criteria for BABA compliance? For example, are there components of
these products for which it is hard to meet BABA requirements? Please
describe each component separately and indicate approximately what
percent of component value it represents.
2. Market Readiness
a. For all products specified in Topic 1(a), provide your
observations on the current and near-term demand expected for these
products or categories of products, using specific numbers where
possible. Does this estimate of future demand consider the increased
funding described above? Please explain.
b. Provide information regarding whether the current and/or near-
term manufacturing capacity would be adequate to meet the expected
market demand, citing specific numbers where possible. Please specify
any factors helping or preventing the industry from meeting the
expected demand today and in the near-term and provide information on
the current and expected availability or unavailability of key
components or sub-components of the product or category of products you
specified. If applicable, please identify products where there is only
one known domestic manufacturer prepared to meet Buy America
requirements.
c. Are there factors that make it difficult to credibly respond to
questions a and b of this section? If so, please describe the
limitations in your analysis as specifically as possible.
d. Are there opportunities for innovation (e.g., products that are
currently or potentially being developed in the U.S. that could offer
improved performance or reduced costs to HUD stakeholders?). If so,
what challenges and opportunities do you see to advancing this
innovation? (For example, some products, such as heat pumps, offer
lower life-cycle costs but higher initial costs; this change in cost
structure may lead to purchasing challenges.
3. Timing
a. Where known, for each product/category of products specified in
Topic 1, specify the current range of expected product delivery
timeframes. Are any existing supply chain delays applicable or
anticipated for the product(s) or critical components of the
product(s)?
b. Provide information, if available, on expected delivery
timeframe outlooks through the near-term future. Provide information,
if known, on whether current timing delivery concerns are related to a
temporary disruption.
c. Provide information on the current and expected near-term
average customer delivery time.
d. Provide information regarding global supply chain constraints,
local permitting, safety requirements and needs that may affect
delivery timeframes or extend installation time. Provide any known
information of products that are in the process of ``onshoring'' as a
result of recent statutory, regulatory, or market changes.
4. Other Practical Considerations
Please specify any other considerations for HUD regarding
production, products, systems, equipment, or components of products
used in housing infrastructure.
5. BAP Compliance and Impact
HUD seeks input and recommendations on how to ensure compliance
with BABA in the most efficient and cost-effective way. HUD is
interested in answers to the following questions that will help inform
Agency technical assistance and implementation:
a. What type of contractual language has been utilized to ensure
compliance with the BAP? If contractual language has been utilized to
ensure compliance with a Buy America requirement, when was it first
added?
b. Are there existing mechanisms to determine qualified contractors
that use American made iron, steel, manufactured products, or
construction materials? Furthermore, how do recipients currently track
contractor sourcing? What resources have been identified with respect
to contractor sourcing with the adoption of a domestic content
procurement preference or the BAP?
c. Is there a need for standard contractual provisions to deal with
potential delays arising from BABA compliance? If there is a need for a
product specific waiver, when would contractors know about the need?
d. What other Federal agency funding do you use to complete a HUD
funded housing project?
e. What is the estimated impact of compliance with BAP on HUD
assisted programs?
f. What is the current cost associated with the development,
maintenance, and operation of affordable housing compliant with
applicable HUD requirements? What is the estimate of the impact of the
implementation of the BAP in connection with HUD-funded projects?
Examples of specific products would be especially helpful here.
All information submitted will assist HUD in determining the extent
to which additional guidance or other actions are necessary to
facilitate the robust implementation of the BAP requirements across
HUD's programs. Commenters should provide data and evidence to support
their responses to the questions in this RFI.
Dated: February 7, 2024.
Marcia L. Fudge,
Secretary.
[FR Doc. 2024-02900 Filed 2-12-24; 8:45 am]
BILLING CODE 4210-67-P
