[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