[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24206-24207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08257]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6331-N-02B]


Extension of Public Interest, General Applicability Waiver of 
Build America, Buy America Provisions as Applied to Tribal Recipients 
of HUD Federal Financial Assistance: Extension of Public Comment Period

AGENCY: Office of the Secretary, U.S. Department of Housing and Urban 
Development (HUD).

ACTION: Notice; extension of public comment period.

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SUMMARY: On April 7, 2023, HUD posted on its website for public comment 
an extension to its previously issued public interest, general 
applicability waiver for the Buy America Domestic Content Procurement 
Preference (``Buy America Preference,'' or ``BAP'') as applied to 
Federal Financial Assistance (``FFA'') provided to Tribes, Tribally 
Designated Housing Entities (``TDHE''s), and other Tribal Entities 
(hereinafter collectively ``Tribal Recipients''). Specifically, HUD's 
notice proposed that the waiver continue for an additional one-year 
period. The notice also established an April 24, 2023, deadline for 
public comment. The notice was also published in the Federal Register 
on April 12, 2023. Through today's notice, HUD announces that it is 
extending the public comment period on its ``Extension of Public 
Interest, General Applicability Waiver of Build America, Buy America 
Provisions as Applied to Tribal Recipients of HUD Federal Financial 
Assistance'' to May 8, 2023.

DATES: Comment Due Date: The comment due date of April 24, 2023, 
provided by HUD's posting its ``Extension of Public Interest, General 
Applicability Waiver of Build America, Buy America Provisions as 
Applied to Tribal Recipients of HUD Federal Financial Assistance'' is 
extended to May 8, 2023.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposed rule to the Regulations Division, Office of General 
Counsel, Department of Housing and Urban Development, 451 7th Street 
SW, Room 10276, Washington, DC 20410-0500. Communications must refer to 
the above docket number and title. There are two methods for submitting 
public comments. All submissions must refer to the above docket number 
and title.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of

[[Page 24207]]

Housing and Urban Development, 451 7th Street SW, Room 10276, 
Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov website can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.
    Note: To receive consideration as public comments, comments must be 
submitted through one of the two methods specified above. Again, all 
submissions must refer to the docket number and title of the rule.
    No Facsimile Comments: Facsimile (FAX) comments are not acceptable.
    Public Inspection of Comments. All properly submitted comments and 
communications submitted to HUD will be available for public inspection 
and copying between 8 a.m. and 5 p.m. weekdays at the above address. 
Due to security measures at the HUD Headquarters building, an advance 
appointment to review the public comments must be scheduled by calling 
the Regulations Division at 202-402-3055 (this is not a toll-free 
number). HUD welcomes and is prepared to receive calls from individuals 
who are deaf or hard of hearing, as well as individuals with 
communication disabilities. To learn more about how to make an 
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Copies of all comments 
submitted are available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Faith Rogers, Department of Housing 
and Urban Development, 451 Seventh Street SW, Room 10126, Washington, 
DC 20410-5000, at (202) 402-7082 (this is not a toll-free number). HUD 
welcomes and is prepared to receive calls from individuals who are deaf 
or hard of hearing, as well as individuals with speech and 
communication disabilities. To learn more about how to make an 
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. HUD encourages submission 
of questions about this document be sent to 
[email protected].

SUPPLEMENTARY INFORMATION: The Build America, Buy America Act (the Act) 
was enacted on November 15, 2021, as part of the Infrastructure 
Investment and Jobs Act (IIJA) (Pub. L. 117-58). The Act establishes a 
domestic content procurement preference (the ``Buy American 
Preference,'' or ``BAP'') that applies to HUD's Federal financial 
assistance used for infrastructure projects.
    On May 3, 2022 (87 FR 26221), HUD published a notice HUD seeking 
public comment on a general applicability, public interest waiver for 
one year of the BAP as applied to FFA provided to Tribal Recipients to 
provide the Department with time to engage in the Tribal consultation 
policy with respect to the applicability of BABA requirements to Tribal 
Recipients. HUD's Tribal Government-to Government Consultation Policy 
\1\ was adopted in compliance with Executive Order 13175, 
``Consultation with Indian Tribal Governments,'' and outlines the 
internal procedures and principles HUD must follow when communicating 
and coordinating on HUD programs and activities that affect Native 
American Tribes.
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    \1\ Available at: https://www.hud.gov/program_offices/public_indian_housing/ih/regs/govtogov_tcp. See also 81 FR 40893.
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    On April 7, 2023, HUD posted for comment on its website a proposed 
extension to May 3, 2022, of the public interest, general applicability 
waiver of the BAP as applied to FFA provided to Tribes Recipients. The 
notice proposed that the waiver continue for an additional period of 
one year and established an April 24, 2023, deadline for public 
comment. The notice was also published in the Federal Register on April 
12, 2023 (88 FR 22064).
    HUD has received feedback requesting additional time to review and 
provide comments on HUD's proposal to extend for an additional one-year 
period its waiver of the BAP as applied to FFA provided to Tribal 
Recipients. Therefore, HUD is extending the deadline for comments until 
May 8, 2023.

Aaron Santa Anna,
Associate General Counsel for Legislation and Regulations.
[FR Doc. 2023-08257 Filed 4-18-23; 8:45 am]
BILLING CODE 4210-67-P