[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Notices]
[Page 52678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21436]



[[Page 52678]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5374-N-32]


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 Malden Housing 
Authority of Malden, MA for the purchase and installation of side 
opening Uniform Federal Accessibility Standards-compliant (UFAS-
compliant) ovens for the Linden Homes project, and to the Philadelphia 
Housing Authority for the purchase and installation of ductless split 
air conditioning systems for its scattered sites projects and 
convection microwave ovens for its scattered sites projects and its 
Plymouth Halls 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 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 the following exceptions were granted:
    1. Malden Housing Authority. On July 21, 2011, upon request of the 
Malden 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 Linden Homes project. The exception was 
granted by HUD on the basis that the relevant manufactured goods (UFAS-
compliant side opening ovens) are not produced in the U.S. in 
sufficient and reasonably available quantities or of satisfactory 
quality.
    2. Philadelphia Housing Authority. On July 6, 2011, 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 its scattered sites 
project. The exception was granted by HUD on the basis that the 
relevant manufactured goods (ductless split air conditioning systems) 
are not produced in the U.S. in sufficient and reasonably available 
quantities or of satisfactory quality.
    3. Philadelphia Housing Authority. On July 21, 2011, upon request 
of the Philadelphia Housing Authority, HUD granted an additional 
exception to applicability of the Buy American requirements with 
respect to work, using CFRFC funds, in connection with its scattered 
sites project. The exception was granted by HUD on the basis that the 
relevant manufactured goods (convection microwave ovens) are not 
produced in the U.S. in sufficient and reasonably available quantities 
or of satisfactory quality.
    4. Philadelphia Housing Authority. On August 1, 2011, upon request 
of the Philadelphia Housing Authority, HUD granted an additional 
exception to applicability of the Buy American requirements with 
respect to work, using CFRFC funds, in connection with the Plymouth 
Halls project. The exception was granted by HUD on the basis that the 
relevant manufactured goods (convection microwave ovens) are not 
produced in the U.S. in sufficient and reasonably available quantities 
or of satisfactory quality.

    Dated: August 11, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2011-21436 Filed 8-22-11; 8:45 am]
BILLING CODE 4210-67-P