[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Page 63501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26055]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5374-N-20]


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 and linoleum flooring for the Fairmont Street, 
Valentine Street and Jackson Street projects, and for the purchase and 
installation of energy efficient, hot water baseboards for its Harry S. 
Truman Apartments heating conversion 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 21, 2010, HUD granted the 
following two exceptions to the Buy American requirement to the 
Cambridge Housing Authority:
    1. Fairmont Street, Valentine Street, and Jackson Street Projects. 
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 
Fairmont Street, Valentine Street and Jackson Street projects. The 
exception was granted by HUD on the basis that the relevant 
manufactured goods (energy efficient bathroom exhaust fans and linoleum 
flooring) are not produced in the U.S. in sufficient and reasonably 
available quantities or of satisfactory quality.
    2. Harry S. Truman Apartments. 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 Harry S. Truman Apartments heating conversion 
project. The exception was granted by HUD on the basis that the 
relevant manufactured goods (energy efficient hot water baseboards) are 
not produced in the U.S. in sufficient and reasonably available 
quantities or of satisfactory quality.

    Dated: October 6, 2010.
Deborah Hernandez,
General Deputy Assistant Secretary For Public and Indian Housing.
[FR Doc. 2010-26055 Filed 10-14-10; 8:45 am]
BILLING CODE 4210-67-P