[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Notices]
[Pages 5800-5801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2401]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5374-N-05]


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.

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

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, a waiver was granted to the Housing Authority of 
Portland, Oregon for the installation of continuous venting range hoods 
as a part of the modernization of five public housing projects (Demar 
Downs, Fir Acres, Stark Manor, Townhouse Terrace and Celilo Court).

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: Section 1605(a) of the Recovery Act provides 
that none of the funds appropriated or made available by the Recovery 
Act may

[[Page 5801]]

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. 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 under 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 January 20, 2010, upon request of 
the Housing Authority of Portland, HUD granted an exception to the 
applicability of the Buy American requirements with respect to work, 
using CFRFC grant funds, in connection with the modernization of five 
public housing projects (Demar Downs, Fir Acres, Stark Manor, Townhouse 
Terrace and Celilo Court). The exception was granted by HUD on the 
basis that the relevant manufactured goods are not produced in the U.S. 
in sufficient and reasonably available quantities or of satisfactory 
quality.

    Dated: January 28, 2010.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2010-2401 Filed 2-3-10; 8:45 am]
BILLING CODE 4210-67-P