[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25705-25706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10991]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5374-N-30]
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 Denver Housing
Authority for the purchase and installation of Underwriter Laboratory-
listed (UL-Listed) drop in anchor materials for the Osage Apartments
project, the Luzerne County Housing Authority of Luzerne County, PA,
for the purchase and installation of through-the-wall air-conditioning
units for the Frank Crossin Towers project, and to the Dakota County
Community Development Agency of Dakota County, MN, for the purchase and
installation of a ductless split air conditioning unit at the Colleen
Loney Manor project.
FOR FURTHER INFORMATION CONTACT: Donald J. LaVoy, Deputy Assistant
Secretary for Office of Field Operations, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th Street,
SW., Room 4112, Washington, DC 20410-4000, telephone number 202-402-
8500 (this is not a toll-free number); or 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 April 25, 2011, the following
exceptions were granted:
[[Page 25706]]
1. Denver Housing Authority. Upon request of the Denver 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 Osage Apartments project. The exception was granted
by HUD on the basis that the relevant manufactured goods (UL-Listed
drop in anchor materials) are not produced in the U.S. in sufficient
and reasonably available quantities or of satisfactory quality.
2. Luzerne County Housing Authority. Upon request of the Luzerne
County 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 Frank Crossin Towers project. The
exception was granted by HUD on the basis that the relevant
manufactured goods (through-the-wall air conditioning systems) are not
produced in the U.S. in sufficient and reasonably available quantities
or of satisfactory quality.
3. Dakota County Community Development Agency. Upon request of the
Dakota County Community Development Agency, HUD granted an exception to
applicability of the Buy American requirements with respect to work,
using CFRFC funds, in connection with the Colleen Loney project. The
exception was granted by HUD on the basis that the relevant
manufactured goods (ductless split air conditioning units) are not
produced in the U.S. in sufficient and reasonably available quantities
or of satisfactory quality.
Dated: April 28, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2011-10991 Filed 5-4-11; 8:45 am]
BILLING CODE 4210-67-P