[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