Buy American Exceptions Under the American Recovery and Reinvestment Act of 2009, 61163-61164 [2010-24747]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices Reduction Act: Application for Exportation of Articles under Special Bond (CBP Form 3495). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register on August 6, 2010 (Volume 75, Page 47608), allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before November 3, 2010. ADDRESSES: Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to oira_submission@omb.eop.gov or faxed to (202) 395–5806. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection (CBP) encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104– 13). Your comments should address one of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies/components estimate of the burden of The proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological techniques or other forms of information. Title: Application for Exportation of Articles under Special Bond. OMB Number: 1651–0004. Form Number: Form 3495. VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 Abstract: This information is submitted on CBP Form 3495. This form is used by importers (and their agents) to notify CBP that the importer intends to export goods that were subject to a duty exemption based on a temporary stay in this country. It also serves as a permit to export in order to satisfy the importer’s obligation to export the same goods and thereby get a duty exemption. Form 3495 is accessible at http:// www.cbp.gov/xp/cgov/toolbox/forms/. Current Actions: This submission is being made to extend the expiration date with no change to the burden hours. Type of Review: Extension without change. Affected Public: Businesses. Estimated Number of Respondents: 500. Estimated Number of Responses per Respondent: 30. Estimated Total Annual Responses: 15,000. Estimated Time per Response: 8 minutes. Estimated Total Annual Burden Hours: 2,000. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, 799 9th Street, NW., 5th Floor, Washington, DC 20229–1177, at 202– 325–0265. Dated: September 28, 2010. Tracey Denning, Agency Clearance Officer, U.S. Customs and Border Protection. [FR Doc. 2010–24778 Filed 10–1–10; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5374–N–17] Buy American Exceptions Under the American Recovery and Reinvestment Act of 2009 Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice. AGENCY: 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 SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 61163 (CFRFC) grant funds. Specifically, exceptions were granted to the Cambridge Housing Authority for the purchase and installation of energy efficient bathroom exhaust fans for the Lincoln Way and Jackson Gardens projects, and for the purchase and installation of solar panels and linoleum for its Lyndon B. Johnson Apartments project. An exception was also granted to the Housing Authority of the City of Columbia in Columbia, MO, for the purchase and installation of a Variable Refrigerant Volume Heating, Ventilation and Air Conditioning (VRV HVAC) system for the Paquin Tower project. 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 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 tollfree 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 September 7, 2010, HUD granted the following three E:\FR\FM\04OCN1.SGM 04OCN1 61164 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices exceptions to the Buy American requirement: 1. Cambridge Housing Authority. Upon request of the Cambridge 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 Lincoln Way and Jackson Garden projects. The exception was granted by HUD on the basis that the relevant manufactured goods (energy efficient bathroom exhaust fans) are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality. 2. Cambridge Housing Authority. Upon request of the Cambridge 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 Lyndon B. Johnson Apartments project. The exception was granted by HUD on the basis that the relevant manufactured goods (solar panels and linoleum) are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality. 3. Housing Authority of the City of Columbia. Upon request of the Housing Authority of the City of Columbia, HUD granted an exception to applicability of the Buy American requirements with respect to work, using CFRFC grant funds, in connection with the Paquin Towers project. The exception was granted by HUD on the basis that the relevant manufactured goods (a VRV HVAC system) is not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality. Dated: September 24, 2010. Deborah Hernandez, General Deputy Assistant Secretary for Public and Indian Housing. [FR Doc. 2010–24747 Filed 10–1–10; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5411–N–03] Credit Watch Termination Initiative Termination of Origination Approval Agreements Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: This notice advises of the cause and effect of termination of Origination Approval Agreements taken by HUD’s Federal Housing SUMMARY: VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 Administration (FHA) against HUDapproved mortgagees through the FHA Credit Watch Termination Initiative. This notice includes a list of mortgagees which have had their Origination Approval Agreements terminated. The Quality Assurance Division, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room B133–P3214, Washington, DC 20410–8000; telephone (202) 708– 2830 (this is not a toll-free number). Persons with hearing or speech impairments may access that number through TTY by calling the Federal Information Relay Service at (800) 877– 8339. FOR FURTHER INFORMATION CONTACT: HUD has the authority to address deficiencies in the performance of lenders’ loans as provided in HUD’s mortgagee approval regulations at 24 CFR 202.3. On May 17, 1999 HUD published a notice (64 FR 26769), on its procedures for terminating Origination Approval Agreements with FHA lenders and placement of FHA lenders on Credit Watch status (an evaluation period). In the May 17, 1999 notice, HUD advised that it would publish in the Federal Register a list of mortgagees, which have had their Origination Approval Agreements terminated. Termination of Origination Approval Agreement: Approval of a mortgagee by HUD/FHA to participate in FHA mortgage insurance programs includes an Origination Approval Agreement (Agreement) between HUD and the mortgagee. Under the Agreement, the mortgagee is authorized to originate single-family mortgage loans and submit them to FHA for insurance endorsement. The Agreement may be terminated on the basis of poor performance of FHA-insured mortgage loans originated by the mortgagee. The termination of a mortgagee’s Agreement is separate and apart from any action taken by HUD’s Mortgagee Review Board under HUD’s regulations at 24 CFR part 25. Cause: HUD’s regulations permit HUD to terminate the Agreement with any mortgagee having a default and claim rate for loans endorsed within the preceding 24 months that exceeds 200 percent of the default and claim rate within the geographic area served by a HUD field office, and also exceeds the national default and claim rate. For the 43rd review period, HUD is terminating the Agreement of mortgagees whose default and claim rate exceeds both the national rate and 200 percent of the field office rate. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Effect: Termination of the Agreement precludes that branch(es) of the mortgagee from originating FHA-insured single-family mortgages within the area of the HUD field office(s) listed in this notice. Mortgagees authorized to purchase, hold, or service FHA insured mortgages may continue to do so. Loans that closed or were approved before the termination became effective may be submitted for insurance endorsement. Approved loans are those already underwritten and approved by a DE underwriter, and cases covered by a firm commitment issued by HUD. Cases at earlier stages of processing cannot be submitted for insurance by the terminated branch; however, they may be transferred for completion of processing and underwriting to another FHA insured mortgagee with direct endorsement approval for the area covered by the termination. Mortgagees are obligated to continue to pay existing insurance premiums and meet all other obligations associated with insured mortgages. A terminated mortgagee may apply for reinstatement of the Origination Approval Agreement if the Approval for the affected branch or branches has been terminated for at least six months and the mortgagee continues to be an approved mortgagee meeting the requirements of 24 CFR 202.5, 202.6, 202.7, 202.8 and 202.12. However, Mortgagee Letter 2010–20 and Final Rule 5356–F–02 at 24 CFR 202 eliminates FHA approval for loan correspondents after December 31, 2010. Therefore, HUD will not accept requests for reinstatement from loan correspondents after that date. The mortgagee’s application for reinstatement must be in a format prescribed by the Secretary and signed by the mortgagee. In addition, the application must be accompanied by an independent analysis of the terminated office’s operations as well as its mortgage production, specifically including the FHA-insured mortgages cited in its termination notice. This independent analysis shall identify the underlying cause for the mortgagee’s high default and claim rate. The analysis must be prepared by an independent Certified Public Accountant (CPA) qualified to perform audits under Government Auditing Standards as provided by the Government Accountability Office. The mortgagee must also submit a written corrective action plan to address each of the issues identified in the CPA’s report, along with evidence that the plan has been implemented. The application for a new Agreement should be in the form of a letter, accompanied by the CPA’s E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61163-61164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24747]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5374-N-17]


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 Cambridge Housing 
Authority for the purchase and installation of energy efficient 
bathroom exhaust fans for the Lincoln Way and Jackson Gardens projects, 
and for the purchase and installation of solar panels and linoleum for 
its Lyndon B. Johnson Apartments project. An exception was also granted 
to the Housing Authority of the City of Columbia in Columbia, MO, for 
the purchase and installation of a Variable Refrigerant Volume Heating, 
Ventilation and Air Conditioning (VRV HVAC) system for the Paquin Tower 
project.

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 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 September 7, 2010, HUD granted the 
following three

[[Page 61164]]

exceptions to the Buy American requirement:
    1. Cambridge Housing Authority. Upon request of the Cambridge 
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 Lincoln Way and Jackson Garden projects. The 
exception was granted by HUD on the basis that the relevant 
manufactured goods (energy efficient bathroom exhaust fans) are not 
produced in the U.S. in sufficient and reasonably available quantities 
or of satisfactory quality.
    2. Cambridge Housing Authority. Upon request of the Cambridge 
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 Lyndon B. Johnson Apartments project. The exception 
was granted by HUD on the basis that the relevant manufactured goods 
(solar panels and linoleum) are not produced in the U.S. in sufficient 
and reasonably available quantities or of satisfactory quality.
    3. Housing Authority of the City of Columbia. Upon request of the 
Housing Authority of the City of Columbia, HUD granted an exception to 
applicability of the Buy American requirements with respect to work, 
using CFRFC grant funds, in connection with the Paquin Towers project. 
The exception was granted by HUD on the basis that the relevant 
manufactured goods (a VRV HVAC system) is not produced in the U.S. in 
sufficient and reasonably available quantities or of satisfactory 
quality.

    Dated: September 24, 2010.
Deborah Hernandez,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2010-24747 Filed 10-1-10; 8:45 am]
BILLING CODE 4210-67-P