83_FR_60957 83 FR 60729 - ``Buy American'' Requirement

83 FR 60729 - ``Buy American'' Requirement

DEPARTMENT OF AGRICULTURE
Rural Utilities Service

Federal Register Volume 83, Issue 228 (November 27, 2018)

Page Range60729-60732
FR Document2018-25815

The Rural Utilities Service (RUS), a Rural Development Agency of the United States Department of Agriculture (USDA), hereinafter referred to as RUS or the Agency, is issuing a final rule to amend its regulations to address its ``Buy American'' requirement. This will codify long-standing RUS requirements which Agency borrowers have been required to follow pursuant to statute, bulletin, and contract as early as the 1950s. RUS will rescind Bulletin 43-9:344-3, `` `Buy American' Requirement,'' when this regulation becomes effective.

Federal Register, Volume 83 Issue 228 (Tuesday, November 27, 2018)
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60729-60732]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25815]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / 
Rules and Regulations

[[Page 60729]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1787

RIN 0572-AC42


``Buy American'' Requirement

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Rural Utilities Service (RUS), a Rural Development Agency 
of the United States Department of Agriculture (USDA), hereinafter 
referred to as RUS or the Agency, is issuing a final rule to amend its 
regulations to address its ``Buy American'' requirement. This will 
codify long-standing RUS requirements which Agency borrowers have been 
required to follow pursuant to statute, bulletin, and contract as early 
as the 1950s. RUS will rescind Bulletin 43-9:344-3, `` `Buy American' 
Requirement,'' when this regulation becomes effective.

DATES: This rule is effective November 27, 2018.

FOR FURTHER INFORMATION CONTACT: Norris Nicholson, Electric Program, 
Rural Utilities Service, U.S. Department of Agriculture, 1400 
Independence Ave. SW, Washington, DC 20250, Email: 
[email protected]; telephone number: (202) 720-1979. 
Kenneth Kuchno, Telecommunications Program, Rural Utilities Service, 
U.S. Department of Agriculture, 1400 Independence Ave. SW, Washington, 
DC 20250, email: [email protected], phone number: 202-720-
9424.

SUPPLEMENTARY INFORMATION: 

Executive Order 12372, Intergovernmental Consultation

    This final rule is excluded from the scope of Executive Order 
12372, Intergovernmental Consultation, which may require consultation 
with State and local officials. A Notice of Final Rule titled 
Department Programs and Activities Excluded from Executive Order 12372 
(50 FR 47034) exempts RUS loans and loan guarantees to governmental and 
nongovernmental entities from coverage under this Order.

Executive Order 12866, Regulatory Planning and Review

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866, Regulatory Planning and Review, and 
therefore has not been reviewed by the Office of Management and Budget 
(OMB).

Executive Order 12988, Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. RUS has determined that this final rule meets the 
applicable standards provided in section 3 of the Executive Order. In 
addition, all State and local laws and regulations that are in conflict 
with this rule will be preempted, no retroactive effort will be given 
to this rule, and, in accordance with Sec. 212(e) of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. Sec. 6912(e)), 
administrative appeal procedures, if any, must be exhausted before an 
action against the Department or its agencies may be initiated.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    This final rule has been reviewed in accordance with the 
requirements of Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments.'' Executive Order 13175 requires 
Federal agencies to consult and coordinate with tribes on a government-
to-government basis on policies that have tribal implications, 
including regulations, legislative comments or proposed legislation, 
and other policy statements or actions that have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
The policies contained in this final rule do not have Tribal 
implications that preempt Tribal law. The Agency will continue to work 
directly with Tribes and Tribal applicants to improve access to Agency 
programs. This includes providing focused outreach to Tribes regarding 
implementation of this rule change. Additionally, the Agency will 
respond in a timely and meaningful manner to all Tribal government 
requests for consultation concerning this rule. For further information 
on the Agency's Tribal consultation efforts, please contact Rural 
Development's Native American Coordinator at (720) 544-2911 or 
[email protected].

Regulatory Flexibility Act Certification

    The Agency has determined that this final rule will not have a 
significant economic impact on a substantial number of small entities, 
as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 
given that the amendment is only an administrative act on the 
government's part to codify a statute with respect to obligation of 
funds.

Information Collection and Recordkeeping Requirements

    In accordance with the Paperwork Reduction Act, the paperwork 
burden associated with this final rule has been approved by the Office 
of Management and Budget (OMB) under the currently approved OMB Control 
Numbers 0572-0107. The Agency has determined that this regulatory 
action does not change any current data collection that would require 
approval under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 
35).

Catalog of Federal Domestic Assistance

    The programs described by this rule are listed in the Catalog of 
Federal Domestic Assistance programs under No. 10.850, Rural 
Electrification Loans and Loan Guarantees; No. 10.851, Rural Telephone 
Loans and Loan Guarantees; and No. 10.852, Rural Telephone Bank Loans 
and No. 10.886, Rural Broadband Access Loans and Loan Guarantees. All 
active CFDA programs can be found at www.cfda.gov. The Catalog is 
available on the internet at http://www.cfda.gov and the General 
Services Administration's (GSA's) free CFDA website at http://www.cfda.gov. The CFDA website also contains a PDF file version of the 
Catalog that, when printed, has the same layout as the printed document 
that the Government Publishing Office (GPO) provides. GPO prints and 
sells the CFDA to interested buyers. For information about purchasing 
the Catalog of Federal Domestic Assistance from GPO, call the

[[Page 60730]]

Superintendent of Documents at 202-512-1800 or toll free at 866-512-
1800, or access GPO's online bookstore at http://bookstore.thefederalregister.org.

Unfunded Mandate

    This final rule contains no Federal mandates (under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act of 1995) for 
state, local, and tribal governments or the private sector. Therefore, 
this final rule is not subject to the requirements of sections 202 and 
205 of the Unfunded Mandates Reform Act of 1995.

National Environmental Policy Act Certification

    The Administrator of RUS has determined that this final rule will 
not significantly affect the quality of the human environment as 
defined by the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). Therefore, this action does not require an environmental 
impact statement or assessment.

E-Government Act Compliance

    The Agency is committed to the E-Government Act, which requires 
Government agencies in general to provide the public the option of 
submitting information or transacting business electronically to the 
maximum extent possible.

USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or 
write a letter addressed to USDA and provide in the letter all of the 
information requested in the form. To request a copy of the complaint 
form, call (866) 632-9992. Submit your completed form or letter to USDA 
by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; (2) fax: (202) 690-7442; or (3) email: 
[email protected].
    USDA is an equal opportunity provider, employer, and lender.

Background

    The Rural Electrification Act requires that in making loans 
pursuant to the Rural Electrification Act of 1936, the Secretary of 
Agriculture shall require that, to the extent practicable and the cost 
of which is not unreasonable, the borrower agrees to use in connection 
with the expenditure of such funds only such unmanufactured articles, 
materials, and supplies, as have been mined or produced in the United 
States or in any eligible country, and only such manufactured articles, 
materials, and supplies as have been manufactured in the United States 
or in any eligible country, substantially all from articles, materials, 
or supplies mined, produced or manufactured, as the case may be, in the 
United States or any eligible country. This regulation will codify 
long-standing RUS requirements which Agency borrowers have been 
required to follow pursuant to statute, bulletin, and contract as early 
as the 1950s, but which were inadvertently never codified when all 
existing RUS bulletins were incorporated into regulation. Nothing in 
this regulation will change or modify those procedures with respect to 
borrowers' responsibilities in complying with the Buy American 
requirement, such as the waiver process, but will simplify compliance 
by compiling all such existing requirements into a single document.

List of Subjects in 7 CFR Part 1787

    Communications equipment, Electric power, Loan programs--
communications, Loan programs--energy, Reporting and recordkeeping 
requirements, Rural areas, Telephone.


0
For the reasons set out in the preamble, RUS amends 7 CFR chapter XVII 
by adding part 1787 to reads as follows:

PART 1787--THE ``BUY AMERICAN'' REQUIREMENT

Sec.
1787.1 General.
1787.2 Definitions.
1787.3 Products constituting a portion of a purchase order or 
contract.
1787.4 Unmanufactured articles, materials, and supplies.
1787.5 Eligible countries.
1787.6 Nondomestic products.
1787.7 Components.
1787.8 Purchase of nondomestic products.
1787.9 Waivers.
1787.10 Application for specific waivers.
1787.11 Cost differential.
1787.12 Non-availability or shortages.
1787.13 Public interest or impracticality.
1787.14 General waivers.
Appendix A to Part 1787--Product Procurement

    Authority: 7 U.S.C. 903.


Sec.  1787.1   General.

    (a) The ``Buy American'' provision of the Rural Electrification Act 
of 1936 (RE Act) requires, to the extent practicable and the cost of 
which is not unreasonable, that RUS Borrowers use loan funds only for 
such manufactured articles, materials, and supplies as have been 
manufactured in the United States or in any eligible country, 
substantially all from articles, materials, or supplies mined, produced 
or manufactured, as the case may be, in the United States or any 
eligible country.
    (b) Each RUS Borrower is responsible for assuring that its use of 
loan funds complies with this requirement, and that the contracts it 
enters into for construction, materials and equipment, and purchases 
with vendors contain the Buy American requirement, along with 
certification as to compliance, made through RUS Form 213.


Sec.  1787.2   Definitions.

    For purpose of this part, the following terms have the following 
meanings:
    Administrator. The Administrator of the RUS, or his/her designee.
    Buy American. A provision of the RE Act requiring that loan funds 
only be used to purchase products made in the U.S. or an eligible 
country.
    Component. Any article, material, or supply, whether manufactured 
or unmanufactured, that is directly incorporated into the end product 
at the final assembly location.
    Domestic product. A product or like product which both:
    (1) Is manufactured in the United States or in any eligible 
country; and
    (2) Contains components manufactured in the United States or in

[[Page 60731]]

any eligible country consisting of more than 50 percent of the total 
cost of all components used in the product.
    Eligible country. Any country that the United States Trade 
Representative determines as having corporations located therein, as 
eligible to enter into contract with an RUS Borrower, under which loan 
funds will be provided for unmanufactured and manufactured goods.
    Loan funds. Funds provided under an RUS direct or guaranteed loan.
    Manufactured. The application of processes to alter the form or 
function of materials or of elements of the product such that value is 
added or the materials or elements are transformed into a new end 
product functionally different from that which would result from mere 
assembly of the materials or elements.
    Nondomestic bid. An offer to sell a nondomestic product to an RUS 
borrower.
    Nondomestic product. Any product other than a domestic product or 
product from an eligible country.
    Product. An item of manufactured material or assembled components, 
which is complete and capable of performing an intended practical 
purpose.
    RE Act. Rural Electrification Act of 1936, as amended (7 U.S.C. 901 
et seq.).
    RUS. The Rural Utilities Service.
    RUS Borrower. Any organization that has an outstanding RUS loan 
made or guaranteed by RUS pursuant to the RE Act.
    Telecommunications. Any communication service for the transmission 
or reception of voice, data, sounds, signals, pictures, writings, or 
signs of all kinds, by wire, fiber, radio, light, or other visual or 
electromagnetic means, including all telephone lines, facilities, or 
systems used in the rendition of such service; but shall not be deemed 
to mean message telegram service or community antenna television system 
services or broadcasting facilities other than those intended 
exclusively for educational purposes, or radio broadcasting services or 
facilities within the meaning of section 3(o) of the Communications Act 
of 1934, as amended.
    Unmanufactured. With respect to articles, materials, or supplies, 
refers to such goods that have not been manufactured.


Sec.  1787.3   Products constituting a portion of a purchase order or 
contract.

    Where a supplier or contractor offers or furnishes several products 
under a purchase order or contract, the provisions of this part apply 
to each product individually.


Sec.  1787.4   Unmanufactured articles, materials, and supplies.

    The Buy American requirement also applies to unmanufactured 
articles, materials, and supplies to be financed with RUS loan funds, 
and will be considered domestic if mined or produced in the United 
States or in an eligible country.


Sec.  1787.5   Eligible countries.

    The United State Trade Representative (USTR) determines what 
countries are eligible countries with respect to purchases made by 
electric borrowers or telecommunications borrowers. A particular 
country may be determined to be an eligible country for purchases made 
by telecommunications borrowers, for electric borrowers, or both. RUS 
maintains the latest Federal Register notice on its website which sets 
out the list of Eligible Countries for each RUS program at https://www.rd.usda.gov/files/UEP_Engineering_EligibleCountries.pdf.


Sec.  1787.6   Nondomestic products.

    A product is considered to be nondomestic for the purpose of 
compliance with the ``Buy American'' requirement if:
    (a) The product is manufactured outside the United States or any 
eligible country; or
    (b) The product is manufactured in the United States or in any 
eligible country, but the cost of nondomestic components used therein 
constitutes 50 percent or more of the cost of all components. The cost 
of components shall be determined on a comparable basis, so that only 
the cost of domestic and nondomestic components, up to the point where 
they are combined and manufactured into a complete product shall be 
considered.
    (1) The determination of the cost of the nondomestic components of 
a product shall include:
    (i) The price paid to the nondomestic source;
    (ii) The cost of shipment to the port of entry into the United 
States;
    (iii) Applicable tariffs or duties;
    (iv) The cost of transportation from the port of entry to the 
distributor's plant or warehouse; and
    (v) Profit, overhead, and commissions of domestic and nondomestic 
suppliers and subcontractors of the components.
    (2) The following items shall not be considered in determining the 
cost of components, although they are proper elements in the 
determination of the final selling price of the product:
    (i) Fabrication or processing costs, if any, of nondomestic or 
domestic components at the assembly plant, or any other place of 
fabrication in the United States or any eligible country;
    (ii) Testing costs at the assembly plant or at the installation 
site;
    (iii) Direct profit, overhead, and commissions of the domestic 
distributor; and
    (iv) Cost of transportation from the domestic assembly point to the 
installation site.


Sec.  1787.7  Components.

    Where a component is manufactured only determines whether the 
component is classified as domestic or nondomestic even if all the 
materials and subcomponents comprising the component are manufactured 
in ineligible countries. A component manufactured in the United States 
or in an eligible country shall be considered domestic when determining 
whether a product is classified as domestic or nondomestic. A component 
manufactured in an ineligible country shall be considered nondomestic.


Sec.  1787.8  Purchase of nondomestic products.

    An RUS Borrower may only use loan funds to purchase a nondomestic 
product if a waiver pursuant to Sec.  1787.10 has been received by the 
Administrator before entering into a contract with the vendor. Should 
the Administrator deny the waiver request, the RUS Borrower must use 
its own funds for the expenditure.


Sec.  1787.9  Waivers.

    Under limited circumstances the Administrator may waive the Buy 
American requirement with respect to a specific contract entered into 
between an RUS Borrower and a third party which will be paid for with 
loan funds, subject to Sec. Sec.  1787.10 through 1787.14.


Sec.  1787.10  Applications for specific waivers.

    RUS borrowers may request a specific waiver of the Buy American 
requirement through a written, detailed explanation showing that:
    (a) The cost between the nondomestic product and domestic product 
is unreasonable;
    (b) There is a non-availability of domestic products; or
    (c) It is not in the public interest or impractical for the RUS 
Borrower to purchase a domestic product.


Sec.  1787.11  Cost differential.

    By application pursuant to Sec.  1787.10, the Administrator may 
waive the Buy American requirement if the cost of the domestic product 
is unreasonable. Given that RUS loans terms normally range from 20 to 
35 years, and that

[[Page 60732]]

additional costs will be magnified with interest over these terms, the 
Administrator has determined that if the lowest bid or offered price is 
a nondomestic bid that is at least 6percent lower than the next lowest 
bid or offered price, the RUS Borrower may request a cost differential 
waiver. With respect to contracts that are not required to be bid, 
prices of market-available, domestic products must be used for 
comparison in a request for waiver.


Sec.  1787.12  Non-availability or shortages.

    By application pursuant to Sec.  1787.10, the Administrator may 
waive the Buy American requirement upon a showing that there is no 
domestic product available in the market in sufficient and reasonable 
quantities and of satisfactory quality, and that such shortage of 
suitable domestic alternatives jeopardizes the project being completed 
on budget and/or according to scheduled planning. A lack of responsive 
and responsible bids to a well-publicized request for bids will be 
presumed to meet the conditions of a non-availability waiver. With 
respect to contracts that are not required to be bid, sufficient 
evidence must be presented to the Administrator in order to make a 
determination.


Sec.  1787.13  Public interest or impracticality.

    (a) By application pursuant to Sec.  1787.10, the Administrator may 
waive the Buy American requirement upon a showing that application of 
the requirement would be inconsistent with the public interest or 
impractical for the RUS Borrower. With respect to impracticality, an 
RUS Borrower may request a waiver upon a showing that the domestic 
product is incompatible or impractical to integrate with existing, 
significant capital infrastructure or existing, critical software 
already in use. Notwithstanding, the burden shall rest with the RUS 
Borrower to present how the use of the domestic product would create a 
hardship or negatively impact its project.
    (b) With respect to contracts that were approved by RUS based on a 
bidder or offer that originally certified compliance with the Buy 
America requirements, but which can no longer comply with such 
certification, the Administrator may grant an impracticality waiver 
based on a showing that the original certification was made in good 
faith and that the product cannot now be obtained domestically due to 
commercial impossibility or impracticability, or without undue hardship 
or a negative impact to the project.
    (c) In determining whether to issue any public interest waiver, the 
Administrator will consider all appropriate factors on a case-by-case 
basis, unless a general waiver has already been issued by the 
Administrator with respect to the product.


Sec.  1787.14  General waivers.

    (a) The Administrator may issue a general waiver for all RUS 
Borrowers for a determinate period, if the Administrator finds that 
such manufactured or unmanufactured goods are in shortage regionally or 
nationally, so as to avoid the administrative burden of issuing 
individual, specific waivers.
    (b) The Administrator has determined that it is in the best 
interest of RUS to issue a permanent general public interest waiver 
from the Buy America requirements for ``small purchases,'' which shall 
be published in the Federal Register for each program under the RE Act 
and amended as needed from time to time. In carrying out this 
exception, however, the Administrator shall ensure that contracts are 
not artificially fragmented.

Appendix A to Part 1787--Product Procurement

    This appendix shows an example of how the 6 percent differential is 
applied to determine award of a bid. In response to a request for bids 
for a digital central office a borrower receives four responsive bids 
to the specification, three domestic bids and one nondomestic bid. The 
nondomestic bid is the apparent low bid. We will consider in our 
analysis the nondomestic bid and the lowest domestic bid as shown in 
the following table.

------------------------------------------------------------------------
                                            Nondomestic
                                                bid        Domestic  bid
------------------------------------------------------------------------
Total materials.........................        $895,000        $920,000
Installation............................         155,000         177,000
Freight.................................          +1,000          +1,500
                                         -------------------------------
    Total bid...........................      $1,051,000      $1,098,500
------------------------------------------------------------------------

    Please note that once the product has been determined as 
nondomestic, the 6 percent cost differential shall be applied to all 
the material content in the nondomestic bid, even if the nondomestic 
product includes domestic components.
    In this example, 6 percent of the total material content in the 
nondomestic bid ($895,000) equals $53,700. This cost differential is 
added to the total nondomestic bid as shown in the following table.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total of the nondomestic bid............................      $1,051,000
6% of the all material cost.............................         +53,000
                                                         ---------------
    Total evaluated bid.................................      $1,104,700
------------------------------------------------------------------------

    This total evaluated bid, (that is the nondomestic bid plus the 6% 
of the cost of its material content), is compared with all the domestic 
bids for award of the bid. In our example the domestic bid ($1,098,500) 
is lower than the nondomestic evaluated bid ($1,104,700).
    The domestic bid becomes the low bid and the domestic bidder gets 
award of the bid. This product is classified as domestic since the cost 
of the domestic components used in the product constitutes more than 50 
percent of the cost of all the components used.

    Dated: November 6, 2018.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2018-25815 Filed 11-26-18; 8:45 am]
 BILLING CODE 3410-15-P



                                                                                                                                                                                             60729

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 83, No. 228

                                                                                                                                                           Tuesday, November 27, 2018



                                             This section of the FEDERAL REGISTER                    titled Department Programs and                        providing focused outreach to Tribes
                                             contains regulatory documents having general            Activities Excluded from Executive                    regarding implementation of this rule
                                             applicability and legal effect, most of which           Order 12372 (50 FR 47034) exempts                     change. Additionally, the Agency will
                                             are keyed to and codified in the Code of                RUS loans and loan guarantees to                      respond in a timely and meaningful
                                             Federal Regulations, which is published under           governmental and nongovernmental                      manner to all Tribal government
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     entities from coverage under this Order.              requests for consultation concerning
                                             The Code of Federal Regulations is sold by                                                                    this rule. For further information on the
                                                                                                     Executive Order 12866, Regulatory
                                             the Superintendent of Documents.                                                                              Agency’s Tribal consultation efforts,
                                                                                                     Planning and Review
                                                                                                                                                           please contact Rural Development’s
                                                                                                       This final rule has been determined to              Native American Coordinator at (720)
                                             DEPARTMENT OF AGRICULTURE                               be not significant for the purposes of                544–2911 or AIAN@wdc.usda.gov.
                                                                                                     Executive Order 12866, Regulatory
                                             Rural Utilities Service                                 Planning and Review, and therefore has                Regulatory Flexibility Act Certification
                                                                                                     not been reviewed by the Office of                       The Agency has determined that this
                                             7 CFR Part 1787                                         Management and Budget (OMB).                          final rule will not have a significant
                                                                                                                                                           economic impact on a substantial
                                             RIN 0572–AC42                                           Executive Order 12988, Civil Justice
                                                                                                                                                           number of small entities, as defined in
                                                                                                     Reform
                                             ‘‘Buy American’’ Requirement                                                                                  the Regulatory Flexibility Act (5 U.S.C.
                                                                                                       This final rule has been reviewed                   601 et seq.), given that the amendment
                                             AGENCY:    Rural Utilities Service, USDA.               under Executive Order 12988, Civil                    is only an administrative act on the
                                             ACTION:   Final rule.                                   Justice Reform. RUS has determined                    government’s part to codify a statute
                                                                                                     that this final rule meets the applicable             with respect to obligation of funds.
                                             SUMMARY:    The Rural Utilities Service                 standards provided in section 3 of the
                                             (RUS), a Rural Development Agency of                    Executive Order. In addition, all State               Information Collection and
                                             the United States Department of                         and local laws and regulations that are               Recordkeeping Requirements
                                             Agriculture (USDA), hereinafter referred                in conflict with this rule will be                      In accordance with the Paperwork
                                             to as RUS or the Agency, is issuing a                   preempted, no retroactive effort will be              Reduction Act, the paperwork burden
                                             final rule to amend its regulations to                  given to this rule, and, in accordance                associated with this final rule has been
                                             address its ‘‘Buy American’’                            with Sec. 212(e) of the Department of                 approved by the Office of Management
                                             requirement. This will codify long-                     Agriculture Reorganization Act of 1994                and Budget (OMB) under the currently
                                             standing RUS requirements which                         (7 U.S.C. Sec. 6912(e)), administrative               approved OMB Control Numbers 0572–
                                             Agency borrowers have been required to                  appeal procedures, if any, must be                    0107. The Agency has determined that
                                             follow pursuant to statute, bulletin, and               exhausted before an action against the                this regulatory action does not change
                                             contract as early as the 1950s. RUS will                Department or its agencies may be                     any current data collection that would
                                             rescind Bulletin 43–9:344–3, ‘‘ ‘Buy                    initiated.                                            require approval under the Paperwork
                                             American’ Requirement,’’ when this                                                                            Reduction Act of 1995 (44 U.S.C.
                                                                                                     Executive Order 13175, Consultation
                                             regulation becomes effective.                                                                                 Chapter 35).
                                                                                                     and Coordination With Indian Tribal
                                             DATES: This rule is effective November                  Governments                                           Catalog of Federal Domestic Assistance
                                             27, 2018.                                                 This final rule has been reviewed in                  The programs described by this rule
                                             FOR FURTHER INFORMATION CONTACT:                        accordance with the requirements of                   are listed in the Catalog of Federal
                                             Norris Nicholson, Electric Program,                     Executive Order 13175, ‘‘Consultation                 Domestic Assistance programs under
                                             Rural Utilities Service, U.S. Department                and Coordination with Indian Tribal                   No. 10.850, Rural Electrification Loans
                                             of Agriculture, 1400 Independence Ave.                  Governments.’’ Executive Order 13175                  and Loan Guarantees; No. 10.851, Rural
                                             SW, Washington, DC 20250, Email:                        requires Federal agencies to consult and              Telephone Loans and Loan Guarantees;
                                             Norris.Nicholson@wdc.usda.gov;                          coordinate with tribes on a government-               and No. 10.852, Rural Telephone Bank
                                             telephone number: (202) 720–1979.                       to-government basis on policies that                  Loans and No. 10.886, Rural Broadband
                                             Kenneth Kuchno, Telecommunications                      have tribal implications, including                   Access Loans and Loan Guarantees. All
                                             Program, Rural Utilities Service, U.S.                  regulations, legislative comments or                  active CFDA programs can be found at
                                             Department of Agriculture, 1400                         proposed legislation, and other policy                www.cfda.gov. The Catalog is available
                                             Independence Ave. SW, Washington,                       statements or actions that have                       on the internet at http://www.cfda.gov
                                             DC 20250, email: Kenneth.Kuchno@                        substantial direct effects on one or more             and the General Services
                                             wdc.usda.gov, phone number: 202–720–                    Indian tribes, on the relationship                    Administration’s (GSA’s) free CFDA
                                             9424.                                                   between the Federal Government and                    website at http://www.cfda.gov. The
                                             SUPPLEMENTARY INFORMATION:                              Indian tribes or on the distribution of               CFDA website also contains a PDF file
                                                                                                     power and responsibilities between the                version of the Catalog that, when
                                             Executive Order 12372,                                  Federal Government and Indian tribes.                 printed, has the same layout as the
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                                             Intergovernmental Consultation                          The policies contained in this final rule             printed document that the Government
                                               This final rule is excluded from the                  do not have Tribal implications that                  Publishing Office (GPO) provides. GPO
                                             scope of Executive Order 12372,                         preempt Tribal law. The Agency will                   prints and sells the CFDA to interested
                                             Intergovernmental Consultation, which                   continue to work directly with Tribes                 buyers. For information about
                                             may require consultation with State and                 and Tribal applicants to improve access               purchasing the Catalog of Federal
                                             local officials. A Notice of Final Rule                 to Agency programs. This includes                     Domestic Assistance from GPO, call the


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                                             60730            Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations

                                             Superintendent of Documents at 202–                     be made available in languages other                  XVII by adding part 1787 to reads as
                                             512–1800 or toll free at 866–512–1800,                  than English.                                         follows:
                                             or access GPO’s online bookstore at                       To file a program discrimination
                                             http://bookstore.gpo.gov.                               complaint, complete the USDA Program                  PART 1787—THE ‘‘BUY AMERICAN’’
                                                                                                     Discrimination Complaint Form, AD–                    REQUIREMENT
                                             Unfunded Mandate
                                                                                                     3027, found online at http://                         Sec.
                                                This final rule contains no Federal                  www.ascr.usda.gov/complaint_filing_                   1787.1 General.
                                             mandates (under the regulatory                          cust.html and at any USDA office or                   1787.2 Definitions.
                                             provisions of Title II of the Unfunded                  write a letter addressed to USDA and                  1787.3 Products constituting a portion of a
                                             Mandates Reform Act of 1995) for state,                 provide in the letter all of the                           purchase order or contract.
                                             local, and tribal governments or the                    information requested in the form. To                 1787.4 Unmanufactured articles, materials,
                                             private sector. Therefore, this final rule              request a copy of the complaint form,                      and supplies.
                                             is not subject to the requirements of                   call (866) 632–9992. Submit your                      1787.5 Eligible countries.
                                                                                                     completed form or letter to USDA by: (1)              1787.6 Nondomestic products.
                                             sections 202 and 205 of the Unfunded
                                                                                                                                                           1787.7 Components.
                                             Mandates Reform Act of 1995.                            Mail: U.S. Department of Agriculture,                 1787.8 Purchase of nondomestic products.
                                                                                                     Office of the Assistant Secretary for                 1787.9 Waivers.
                                             National Environmental Policy Act
                                                                                                     Civil Rights, 1400 Independence                       1787.10 Application for specific waivers.
                                             Certification
                                                                                                     Avenue SW, Washington, DC 20250–                      1787.11 Cost differential.
                                               The Administrator of RUS has                          9410; (2) fax: (202) 690–7442; or (3)                 1787.12 Non-availability or shortages.
                                             determined that this final rule will not                email: program.intake@usda.gov.                       1787.13 Public interest or impracticality.
                                             significantly affect the quality of the                   USDA is an equal opportunity                        1787.14 General waivers.
                                             human environment as defined by the                     provider, employer, and lender.                       Appendix A to Part 1787—Product
                                                                                                                                                           Procurement
                                             National Environmental Policy Act of                    Background
                                             1969 (42 U.S.C. 4321 et seq.). Therefore,                                                                       Authority: 7 U.S.C. 903.
                                             this action does not require an                            The Rural Electrification Act requires
                                                                                                     that in making loans pursuant to the                  § 1787.1   General.
                                             environmental impact statement or
                                             assessment.                                             Rural Electrification Act of 1936, the                   (a) The ‘‘Buy American’’ provision of
                                                                                                     Secretary of Agriculture shall require                the Rural Electrification Act of 1936 (RE
                                             E-Government Act Compliance                             that, to the extent practicable and the               Act) requires, to the extent practicable
                                               The Agency is committed to the E-                     cost of which is not unreasonable, the                and the cost of which is not
                                             Government Act, which requires                          borrower agrees to use in connection                  unreasonable, that RUS Borrowers use
                                             Government agencies in general to                       with the expenditure of such funds only               loan funds only for such manufactured
                                             provide the public the option of                        such unmanufactured articles,                         articles, materials, and supplies as have
                                             submitting information or transacting                   materials, and supplies, as have been                 been manufactured in the United States
                                             business electronically to the maximum                  mined or produced in the United States                or in any eligible country, substantially
                                             extent possible.                                        or in any eligible country, and only such             all from articles, materials, or supplies
                                                                                                     manufactured articles, materials, and                 mined, produced or manufactured, as
                                             USDA Non-Discrimination Policy                          supplies as have been manufactured in                 the case may be, in the United States or
                                                In accordance with Federal civil                     the United States or in any eligible                  any eligible country.
                                                                                                     country, substantially all from articles,                (b) Each RUS Borrower is responsible
                                             rights law and U.S. Department of
                                                                                                     materials, or supplies mined, produced                for assuring that its use of loan funds
                                             Agriculture (USDA) civil rights
                                                                                                     or manufactured, as the case may be, in               complies with this requirement, and
                                             regulations and policies, the USDA, its
                                                                                                     the United States or any eligible                     that the contracts it enters into for
                                             Agencies, offices, and employees, and
                                                                                                     country. This regulation will codify                  construction, materials and equipment,
                                             institutions participating in or
                                                                                                     long-standing RUS requirements which                  and purchases with vendors contain the
                                             administering USDA programs are
                                                                                                     Agency borrowers have been required to                Buy American requirement, along with
                                             prohibited from discriminating based on
                                                                                                     follow pursuant to statute, bulletin, and             certification as to compliance, made
                                             race, color, national origin, religion, sex,
                                                                                                     contract as early as the 1950s, but which             through RUS Form 213.
                                             gender identity (including gender
                                             expression), sexual orientation,                        were inadvertently never codified when                § 1787.2   Definitions.
                                             disability, age, marital status, family/                all existing RUS bulletins were
                                                                                                                                                              For purpose of this part, the following
                                             parental status, income derived from a                  incorporated into regulation. Nothing in
                                                                                                                                                           terms have the following meanings:
                                             public assistance program, political                    this regulation will change or modify
                                                                                                                                                              Administrator. The Administrator of
                                             beliefs, or reprisal or retaliation for prior           those procedures with respect to
                                                                                                                                                           the RUS, or his/her designee.
                                             civil rights activity, in any program or                borrowers’ responsibilities in complying
                                                                                                                                                              Buy American. A provision of the RE
                                             activity conducted or funded by USDA                    with the Buy American requirement,
                                                                                                                                                           Act requiring that loan funds only be
                                             (not all bases apply to all programs).                  such as the waiver process, but will
                                                                                                                                                           used to purchase products made in the
                                             Remedies and complaint filing                           simplify compliance by compiling all
                                                                                                                                                           U.S. or an eligible country.
                                             deadlines vary by program or incident.                  such existing requirements into a single
                                                                                                                                                              Component. Any article, material, or
                                                Persons with disabilities who require                document.
                                                                                                                                                           supply, whether manufactured or
                                             alternative means of communication for                  List of Subjects in 7 CFR Part 1787                   unmanufactured, that is directly
                                             program information (e.g., Braille, large                                                                     incorporated into the end product at the
                                                                                                       Communications equipment, Electric
                                             print, audiotape, American Sign
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                                                                                                     power, Loan programs—                                 final assembly location.
                                             Language, etc.) should contact the                                                                               Domestic product. A product or like
                                                                                                     communications, Loan programs—
                                             responsible Agency or USDA’s TARGET                                                                           product which both:
                                                                                                     energy, Reporting and recordkeeping
                                             Center at (202) 720–2600 (voice and                                                                              (1) Is manufactured in the United
                                                                                                     requirements, Rural areas, Telephone.
                                             TTY) or contact USDA through the                                                                              States or in any eligible country; and
                                             Federal Relay Service at (800) 877–8339.                ■ For the reasons set out in the                         (2) Contains components
                                             Additionally, program information may                   preamble, RUS amends 7 CFR chapter                    manufactured in the United States or in


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                                                              Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations                                              60731

                                             any eligible country consisting of more                 § 1787.4 Unmanufactured articles,                     any other place of fabrication in the
                                             than 50 percent of the total cost of all                materials, and supplies.                              United States or any eligible country;
                                             components used in the product.                            The Buy American requirement also                    (ii) Testing costs at the assembly plant
                                                Eligible country. Any country that the               applies to unmanufactured articles,                   or at the installation site;
                                             United States Trade Representative                      materials, and supplies to be financed                  (iii) Direct profit, overhead, and
                                             determines as having corporations                       with RUS loan funds, and will be                      commissions of the domestic
                                             located therein, as eligible to enter into              considered domestic if mined or                       distributor; and
                                             contract with an RUS Borrower, under                    produced in the United States or in an                  (iv) Cost of transportation from the
                                             which loan funds will be provided for                   eligible country.                                     domestic assembly point to the
                                             unmanufactured and manufactured                                                                               installation site.
                                             goods.                                                  § 1787.5    Eligible countries.
                                                Loan funds. Funds provided under an                    The United State Trade                              § 1787.7    Components.
                                             RUS direct or guaranteed loan.                          Representative (USTR) determines what                    Where a component is manufactured
                                                Manufactured. The application of                     countries are eligible countries with                 only determines whether the component
                                             processes to alter the form or function                 respect to purchases made by electric                 is classified as domestic or nondomestic
                                             of materials or of elements of the                      borrowers or telecommunications                       even if all the materials and
                                             product such that value is added or the                 borrowers. A particular country may be                subcomponents comprising the
                                             materials or elements are transformed                   determined to be an eligible country for              component are manufactured in
                                             into a new end product functionally                     purchases made by telecommunications                  ineligible countries. A component
                                             different from that which would result                  borrowers, for electric borrowers, or                 manufactured in the United States or in
                                             from mere assembly of the materials or                  both. RUS maintains the latest Federal                an eligible country shall be considered
                                             elements.                                               Register notice on its website which sets             domestic when determining whether a
                                                Nondomestic bid. An offer to sell a                  out the list of Eligible Countries for each           product is classified as domestic or
                                             nondomestic product to an RUS                           RUS program at https://                               nondomestic. A component
                                             borrower.                                               www.rd.usda.gov/files/UEP_                            manufactured in an ineligible country
                                                Nondomestic product. Any product                     Engineering_EligibleCountries.pdf.                    shall be considered nondomestic.
                                             other than a domestic product or
                                             product from an eligible country.                       § 1787.6    Nondomestic products.                     § 1787.8 Purchase of nondomestic
                                                Product. An item of manufactured                                                                           products.
                                                                                                        A product is considered to be
                                             material or assembled components,                       nondomestic for the purpose of                          An RUS Borrower may only use loan
                                             which is complete and capable of                        compliance with the ‘‘Buy American’’                  funds to purchase a nondomestic
                                             performing an intended practical                        requirement if:                                       product if a waiver pursuant to
                                             purpose.                                                   (a) The product is manufactured                    § 1787.10 has been received by the
                                                RE Act. Rural Electrification Act of                 outside the United States or any eligible             Administrator before entering into a
                                             1936, as amended (7 U.S.C. 901 et seq.).                country; or                                           contract with the vendor. Should the
                                                RUS. The Rural Utilities Service.                       (b) The product is manufactured in                 Administrator deny the waiver request,
                                                RUS Borrower. Any organization that                  the United States or in any eligible                  the RUS Borrower must use its own
                                             has an outstanding RUS loan made or                     country, but the cost of nondomestic                  funds for the expenditure.
                                             guaranteed by RUS pursuant to the RE
                                                                                                     components used therein constitutes 50                § 1787.9    Waivers.
                                             Act.
                                                                                                     percent or more of the cost of all
                                                Telecommunications. Any                                                                                      Under limited circumstances the
                                             communication service for the                           components. The cost of components
                                                                                                                                                           Administrator may waive the Buy
                                             transmission or reception of voice, data,               shall be determined on a comparable
                                                                                                                                                           American requirement with respect to a
                                             sounds, signals, pictures, writings, or                 basis, so that only the cost of domestic
                                                                                                                                                           specific contract entered into between
                                             signs of all kinds, by wire, fiber, radio,              and nondomestic components, up to the
                                                                                                                                                           an RUS Borrower and a third party
                                             light, or other visual or electromagnetic               point where they are combined and
                                                                                                                                                           which will be paid for with loan funds,
                                             means, including all telephone lines,                   manufactured into a complete product
                                                                                                                                                           subject to §§ 1787.10 through 1787.14.
                                             facilities, or systems used in the                      shall be considered.
                                             rendition of such service; but shall not                   (1) The determination of the cost of               § 1787.10    Applications for specific
                                             be deemed to mean message telegram                      the nondomestic components of a                       waivers.
                                             service or community antenna                            product shall include:                                  RUS borrowers may request a specific
                                             television system services or                              (i) The price paid to the nondomestic              waiver of the Buy American
                                             broadcasting facilities other than those                source;                                               requirement through a written, detailed
                                             intended exclusively for educational                       (ii) The cost of shipment to the port              explanation showing that:
                                             purposes, or radio broadcasting services                of entry into the United States;                        (a) The cost between the nondomestic
                                             or facilities within the meaning of                        (iii) Applicable tariffs or duties;                product and domestic product is
                                             section 3(o) of the Communications Act                     (iv) The cost of transportation from               unreasonable;
                                             of 1934, as amended.                                    the port of entry to the distributor’s                  (b) There is a non-availability of
                                                Unmanufactured. With respect to                      plant or warehouse; and                               domestic products; or
                                             articles, materials, or supplies, refers to                (v) Profit, overhead, and commissions                (c) It is not in the public interest or
                                             such goods that have not been                           of domestic and nondomestic suppliers                 impractical for the RUS Borrower to
                                             manufactured.                                           and subcontractors of the components.                 purchase a domestic product.
                                                                                                        (2) The following items shall not be
                                                                                                                                                           § 1787.11    Cost differential.
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                                             § 1787.3 Products constituting a portion of             considered in determining the cost of
                                             a purchase order or contract.                           components, although they are proper                    By application pursuant to § 1787.10,
                                               Where a supplier or contractor offers                 elements in the determination of the                  the Administrator may waive the Buy
                                             or furnishes several products under a                   final selling price of the product:                   American requirement if the cost of the
                                             purchase order or contract, the                            (i) Fabrication or processing costs, if            domestic product is unreasonable.
                                             provisions of this part apply to each                   any, of nondomestic or domestic                       Given that RUS loans terms normally
                                             product individually.                                   components at the assembly plant, or                  range from 20 to 35 years, and that


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                                             60732                 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations

                                             additional costs will be magnified with                                      showing that application of the                                              § 1787.14          General waivers.
                                             interest over these terms, the                                               requirement would be inconsistent with                                          (a) The Administrator may issue a
                                             Administrator has determined that if the                                     the public interest or impractical for the                                   general waiver for all RUS Borrowers for
                                             lowest bid or offered price is a                                             RUS Borrower. With respect to                                                a determinate period, if the
                                             nondomestic bid that is at least 6percent                                    impracticality, an RUS Borrower may                                          Administrator finds that such
                                             lower than the next lowest bid or                                            request a waiver upon a showing that                                         manufactured or unmanufactured goods
                                             offered price, the RUS Borrower may                                          the domestic product is incompatible or                                      are in shortage regionally or nationally,
                                             request a cost differential waiver. With                                     impractical to integrate with existing,                                      so as to avoid the administrative burden
                                             respect to contracts that are not required                                   significant capital infrastructure or                                        of issuing individual, specific waivers.
                                             to be bid, prices of market-available,                                       existing, critical software already in use.                                     (b) The Administrator has determined
                                             domestic products must be used for                                           Notwithstanding, the burden shall rest                                       that it is in the best interest of RUS to
                                             comparison in a request for waiver.                                          with the RUS Borrower to present how                                         issue a permanent general public
                                                                                                                          the use of the domestic product would                                        interest waiver from the Buy America
                                             § 1787.12         Non-availability or shortages.                             create a hardship or negatively impact
                                               By application pursuant to § 1787.10,                                                                                                                   requirements for ‘‘small purchases,’’
                                                                                                                          its project.                                                                 which shall be published in the Federal
                                             the Administrator may waive the Buy
                                                                                                                             (b) With respect to contracts that were                                   Register for each program under the RE
                                             American requirement upon a showing
                                                                                                                          approved by RUS based on a bidder or                                         Act and amended as needed from time
                                             that there is no domestic product
                                                                                                                          offer that originally certified compliance                                   to time. In carrying out this exception,
                                             available in the market in sufficient and
                                                                                                                          with the Buy America requirements, but                                       however, the Administrator shall ensure
                                             reasonable quantities and of satisfactory
                                                                                                                          which can no longer comply with such                                         that contracts are not artificially
                                             quality, and that such shortage of
                                                                                                                          certification, the Administrator may                                         fragmented.
                                             suitable domestic alternatives
                                                                                                                          grant an impracticality waiver based on
                                             jeopardizes the project being completed                                                                                                                   Appendix A to Part 1787—Product
                                                                                                                          a showing that the original certification
                                             on budget and/or according to                                                                                                                             Procurement
                                                                                                                          was made in good faith and that the
                                             scheduled planning. A lack of
                                                                                                                          product cannot now be obtained                                                  This appendix shows an example of
                                             responsive and responsible bids to a
                                                                                                                          domestically due to commercial                                               how the 6 percent differential is applied
                                             well-publicized request for bids will be
                                                                                                                          impossibility or impracticability, or                                        to determine award of a bid. In response
                                             presumed to meet the conditions of a
                                                                                                                          without undue hardship or a negative                                         to a request for bids for a digital central
                                             non-availability waiver. With respect to
                                                                                                                          impact to the project.                                                       office a borrower receives four
                                             contracts that are not required to be bid,
                                             sufficient evidence must be presented to                                        (c) In determining whether to issue                                       responsive bids to the specification,
                                             the Administrator in order to make a                                         any public interest waiver, the                                              three domestic bids and one
                                             determination.                                                               Administrator will consider all                                              nondomestic bid. The nondomestic bid
                                                                                                                          appropriate factors on a case-by-case                                        is the apparent low bid. We will
                                             § 1787.13         Public interest or impracticality.                         basis, unless a general waiver has                                           consider in our analysis the
                                               (a) By application pursuant to                                             already been issued by the                                                   nondomestic bid and the lowest
                                             § 1787.10, the Administrator may waive                                       Administrator with respect to the                                            domestic bid as shown in the following
                                             the Buy American requirement upon a                                          product.                                                                     table.

                                                                                                                                                                                                                              Nondomestic    Domestic
                                                                                                                                                                                                                                  bid          bid

                                             Total materials .........................................................................................................................................................           $895,000      $920,000
                                             Installation ................................................................................................................................................................        155,000       177,000
                                             Freight ......................................................................................................................................................................        +1,000        +1,500

                                                    Total bid ............................................................................................................................................................      $1,051,000   $1,098,500



                                               Please note that once the product has                                      of its material content), is compared                                        DEPARTMENT OF TRANSPORTATION
                                             been determined as nondomestic, the 6                                        with all the domestic bids for award of
                                             percent cost differential shall be applied                                   the bid. In our example the domestic bid                                     Federal Aviation Administration
                                             to all the material content in the                                           ($1,098,500) is lower than the
                                             nondomestic bid, even if the                                                 nondomestic evaluated bid ($1,104,700).                                      14 CFR Part 13
                                             nondomestic product includes domestic
                                                                                                                            The domestic bid becomes the low
                                             components.                                                                                                                                               Office of the Secretary
                                               In this example, 6 percent of the total                                    bid and the domestic bidder gets award
                                             material content in the nondomestic bid                                      of the bid. This product is classified as
                                                                                                                          domestic since the cost of the domestic                                      14 CFR Part 383
                                             ($895,000) equals $53,700. This cost
                                             differential is added to the total                                           components used in the product
                                                                                                                          constitutes more than 50 percent of the                                      Federal Aviation Administration
                                             nondomestic bid as shown in the
                                             following table.                                                             cost of all the components used.
                                                                                                                                                                                                       14 CFR Part 406
                                                                                                                            Dated: November 6, 2018.
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                                             Total of the nondomestic bid                           $1,051,000            Christopher A. McLean,
                                             6% of the all material cost ....                          +53,000                                                                                         Saint Lawrence Seaway Development
                                                                                                                          Acting Administrator, Rural Utilities Service.                               Corporation
                                                    Total evaluated bid ........                    $1,104,700            [FR Doc. 2018–25815 Filed 11–26–18; 8:45 am]
                                                                                                                          BILLING CODE 3410–15–P                                                       33 CFR Part 401
                                               This total evaluated bid, (that is the
                                             nondomestic bid plus the 6% of the cost


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Document Created: 2018-11-27 01:25:45
Document Modified: 2018-11-27 01:25:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective November 27, 2018.
ContactNorris Nicholson, Electric Program, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Ave. SW, Washington, DC 20250, Email: [email protected]; telephone number: (202) 720-1979. Kenneth Kuchno, Telecommunications Program, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Ave. SW, Washington, DC 20250, email: [email protected], phone number: 202-720- 9424.
FR Citation83 FR 60729 
RIN Number0572-AC42
CFR AssociatedCommunications Equipment; Electric Power; Loan Programs-Communications; Loan Programs-Energy; Reporting and Recordkeeping Requirements; Rural Areas and Telephone

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