[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61163-61164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24747]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5374-N-17]
Buy American Exceptions Under the American Recovery and
Reinvestment Act of 2009
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
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SUMMARY: In accordance with the American Recovery and Reinvestment Act
of 2009 (Pub. L. 111-05, approved February 17, 2009) (Recovery Act),
and implementing guidance of the Office of Management and Budget (OMB),
this notice advises that certain exceptions to the Buy American
requirement of the Recovery Act have been determined applicable for
work using Capital Fund Recovery Formula and Competition (CFRFC) grant
funds. Specifically, exceptions were granted to the Cambridge Housing
Authority for the purchase and installation of energy efficient
bathroom exhaust fans for the Lincoln Way and Jackson Gardens projects,
and for the purchase and installation of solar panels and linoleum for
its Lyndon B. Johnson Apartments project. An exception was also granted
to the Housing Authority of the City of Columbia in Columbia, MO, for
the purchase and installation of a Variable Refrigerant Volume Heating,
Ventilation and Air Conditioning (VRV HVAC) system for the Paquin Tower
project.
FOR FURTHER INFORMATION CONTACT: Dominique G. Blom, Deputy Assistant
Secretary for Public Housing Investments, Office of Public Housing
Investments, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 4130, Washington, DC,
20410-4000, telephone number 202-402-8500 (this is not a toll-free
number). Persons with hearing- or speech-impairments may access this
number through TTY by calling the toll-free Federal Information Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: Section 1605(a) of the Recovery Act provides
that none of the funds appropriated or made available by the Recovery
Act may be used for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all
of the iron, steel, and manufactured goods used in the project are
produced in the United States. Section 1605(b) provides that the Buy
American requirement shall not apply in any case or category in which
the head of a Federal department or agency finds that: (1) Applying the
Buy American requirement would be inconsistent with the public
interest; (2) iron, steel, and the relevant manufactured goods are not
produced in the U.S. in sufficient and reasonably available quantities
or of satisfactory quality; or (3) inclusion of iron, steel, and
manufactured goods will increase the cost of the overall project by
more than 25 percent. Section 1605(c) provides that if the head of a
Federal department or agency makes a determination pursuant to section
1605(b), the head of the department or agency shall publish a detailed
written justification in the Federal Register.
In accordance with section 1605(c) of the Recovery Act and OMB's
implementing guidance published on April 23, 2009 (74 FR 18449), this
notice advises the public that, on September 7, 2010, HUD granted the
following three
[[Page 61164]]
exceptions to the Buy American requirement:
1. Cambridge Housing Authority. Upon request of the Cambridge
Housing Authority, HUD granted an exception to applicability of the Buy
American requirements with respect to work, using CFRFC grant funds, in
connection with the Lincoln Way and Jackson Garden projects. The
exception was granted by HUD on the basis that the relevant
manufactured goods (energy efficient bathroom exhaust fans) are not
produced in the U.S. in sufficient and reasonably available quantities
or of satisfactory quality.
2. Cambridge Housing Authority. Upon request of the Cambridge
Housing Authority, HUD granted an exception to applicability of the Buy
American requirements with respect to work, using CFRFC grant funds, in
connection with the Lyndon B. Johnson Apartments project. The exception
was granted by HUD on the basis that the relevant manufactured goods
(solar panels and linoleum) are not produced in the U.S. in sufficient
and reasonably available quantities or of satisfactory quality.
3. Housing Authority of the City of Columbia. Upon request of the
Housing Authority of the City of Columbia, HUD granted an exception to
applicability of the Buy American requirements with respect to work,
using CFRFC grant funds, in connection with the Paquin Towers project.
The exception was granted by HUD on the basis that the relevant
manufactured goods (a VRV HVAC system) is not produced in the U.S. in
sufficient and reasonably available quantities or of satisfactory
quality.
Dated: September 24, 2010.
Deborah Hernandez,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2010-24747 Filed 10-1-10; 8:45 am]
BILLING CODE 4210-67-P