[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Page 67894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30282]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5374-N-02]


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 individual 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 San 
Antonio Housing Authority in San Antonio, Texas, for the purchase and 
installation of a Variable Refrigerant Volume (VRV) heat recovery 
system for the Lewis Chatham modernization project, and to the Housing 
Authority of Portland, in Portland, Oregon, for the purchase of Farbo 
Marmoleum flooring for several modernization projects.

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 imposes 
a ``Buy American'' requirement on Recovery Act funds 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 December 4, 2009, HUD granted the 
following two exceptions to the Buy American requirement:
    1. San Antonio Housing Authority. Upon request of the San Antonio 
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 Lewis Chatham modernization project. The exception 
was granted by HUD on the basis that the relevant manufactured good is 
not produced in the U.S. in sufficient and reasonably available 
quantities or of satisfactory quality.
    2. Housing Authority of Portland. Upon request of the Housing 
Authority of Portland, HUD granted an exception to applicability of the 
Buy American requirements with respect to work, using CFRFC grant 
funds, in connection with several modernization projects to replace the 
flooring. 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: December 15, 2009.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. E9-30282 Filed 12-16-09; 4:15 pm]
BILLING CODE 4210-67-P