[Federal Register Volume 75, Number 53 (Friday, March 19, 2010)]
[Notices]
[Pages 13295-13296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6073]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5374-N-08]


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 Seattle Housing 
Authority for the purchase and installation of an Access Control and 
Alarm Monitoring system at the Denny Terrace and Lake City Village 
projects, and to the Everett Housing Authority, in Everett, WA, for the 
purchase and installation of two ductless split systems for the 
Elevator Modernization and Generator Replacement project at Bakerview 
Apartments.

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 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)

[[Page 13296]]

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 March 5, 2010, HUD granted the 
following two exceptions to the Buy American Requirement;
    1. Seattle Housing Authority. Upon request of the Seattle Housing 
Authority, HUD granted an exception to the applicability of the Buy 
American requirements with respect to work, using CFRFC grant funds, 
based on the fact that the relevant manufactured goods (Access Control 
and Alarm Monitoring system) are not produced in the U.S. in sufficient 
and reasonably available quantities or of satisfactory quality.
    2. Everett Housing Authority. Upon request of the Everett Housing 
Authority, HUD granted an exception to applicability of the Buy 
American requirements with respect to work, using CFRFC grant funds, 
based on the fact that the relevant goods, ductless split systems, are 
not produced in the U.S. in sufficient and reasonably available 
quantities or of satisfactory quality.

    Dated: March 12, 2010.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2010-6073 Filed 3-18-10; 8:45 am]
BILLING CODE 4210-67-P