[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Page 1401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-284]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5374-N-04]


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 an individual exception 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, a waiver was granted to the Wilkes-Barre Housing 
Authority for the purchase and installation of tank-less water heaters 
in the Mineral Springs Village and Boulevard Town Homes.

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 4210, 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: Subsection 1605(a) of the Recovery Act 
imposes a ``Buy American'' requirement on Recovery Act funds that, 
unless all of the iron, steel, and manufactured goods used in the 
project are produced in the United States, the funds may not be used 
for a project for the construction, alteration, maintenance, or repair 
of a public building or public work. Subsection 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. Subsection 1605(c) provides that if the head of a 
Federal department or agency makes a determination that it is necessary 
to waive subsection 1605(a) pursuant to subsection 1605(b), the head of 
the department or agency shall publish a detailed written justification 
in the Federal Register.
    In accordance with subsection 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 December 21, 2009, upon request of 
the Wilkes-Barre Housing Authority, HUD granted an exception under 
subsection 1605(b) with respect to work using CFRFC grant funds, based 
on the fact that the relevant manufactured goods (tank-less water 
heaters) are not produced in the U.S. in sufficient and reasonably 
available quantities or of satisfactory quality.

    Dated: December 29, 2009.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2010-284 Filed 1-8-10; 8:45 am]
BILLING CODE 4210-67-P