[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Page 71593]
From the Federal Register Online via the Government Publishing 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