[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Page 71593]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29908]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5374-N-35]


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 Philadelphia 
Housing Authority for the purchase and installation of a single zone, 
ductless split Heating, Ventilation and Air Conditioning (HVAC) system 
for the Plymouth Hall Apartments project, and to the Chattanooga 
Housing Authority for the purchase and installation of linoleum 
flooring for its Fairmount Avenue Townhomes 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 
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 October 20, 2011, the following 
exceptions were granted:
    1. Philadelphia Housing Authority. Upon request of the Philadelphia 
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 Plymouth Hall Apartments project. The exception was 
granted by HUD on the basis that the relevant manufactured goods (split 
HVAC systems) are not produced in the U.S. in sufficient and reasonably 
available quantities or of satisfactory quality.
    2. Chattanooga Housing Authority. Upon request of the Chattanooga 
Housing Authority, HUD granted an exception to applicability of the Buy 
American requirements with respect to work, using CFRFC grant funds, in 
connection with its Fairmount Avenue Townhomes project. The exception 
was granted by HUD on the basis that the relevant manufactured goods 
(linoleum flooring) are not produced in the U.S. in sufficient and 
reasonably available quantities or of satisfactory quality.

    Dated: November 8, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2011-29908 Filed 11-17-11; 8:45 am]
BILLING CODE 4210-67-P