Buy American Exceptions Under the American Recovery and Reinvestment Act of 2009, 49006-49007 [2012-19966]

Download as PDF srobinson on DSK4SPTVN1PROD with NOTICES 49006 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Notices The IHP/APR is currently available in a Word version. With this submission HUD intends to make available a revised Word version, an Excel version, and a version on HUD’s Energy and Performance Information Center (EPIC) Web site. All three versions of the IHP/ APR request the same information and a recipient may elect to submit to HUD either the Word, Excel, or EPIC versions; however, the Excel and EPIC versions are preferred because of their automated capabilities and reduced burden. The Word, Excel, and EPIC versions differ from the current version of HUD–52737 with the elimination of Line 1 (Planned Grant-Based Budget for Eligible Programs) in Section 5 (Budgets) because collection of this information served no valid purpose. Participants in the IHBG program are responsible for notifying HUD of changes to the Formula Current Assisted Stock (FCAS) component of the IHBG formula. HUD is notified of changes in the FCAS through a Formula Response Form (HUD–4117), as defined at 24 CFR 1000.302. A tribe, TDHE, or HUD may challenge the data from the U.S. Decennial Census or provide an alternative source of data by submitting the Guidelines for Challenging U.S. Decennial Census Data Document (HUD–4119). Census challenges are due June 15 of each fiscal year, as defined at 24 CFR 1000.336. This information collection is required of participants in the IHBG program to demonstrate compliance with eligibility and other requirements of NAHASDA; provision of correction or challenge documentation of the formula calculation; and provision of data for HUD’s annual report to Congress. The information gathered will be used to allocate funds under the IHBG program. The quality assurance of data reported is a very important issue in maintaining HUD’s databases used to monitor participant’s proposed plans, accomplishments, determine program compliance, and to ensure fair and equitable allocations. In some cases, the FCAS information addressing the conveyances and conversions of units has resulted in the recouping of funds. The information collected will allow HUD to accurately audit the program. Agency form numbers: HUD–52737, HUD–4117, HUD–4119. Members of affected public: Native American Tribes and Tribally Designated Housing Entities, Alaska Natives and Corporations, and Native Hawaiians. Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and VerDate Mar<15>2010 17:49 Aug 14, 2012 Jkt 226001 hours of response: The estimated number of respondents is 579. The IHP/APR is submitted twice a year and the Formula Correction and Formula Challenge forms are submitted once per year for an estimated total of 1,326 responses. The total paperwork burden is estimated at 48,168 hours. Status of the proposed information collection: Revision. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: August 6, 2012. Merrie Nichols-Dixon, Deputy Director for Office of Policy, Programs, and Legislative Initiatives. [FR Doc. 2012–19964 Filed 8–14–12; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5374–N–42] 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 (CFRFC) grant funds. Specifically, exceptions were granted to the Columbia Housing Authority for the purchase and installation of handrail brackets, door stops and 4-prong appliance power cords for the Village at River’s Edge project, and to the Hammond Housing Authority for the purchase and installation of tile flooring for its Hubert H. Humphrey Hi-Rise 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 SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 of Housing and Urban Development, 451 7th Street SW., Room 4130, Washington, DC, 20410–4000, telephone number 202–402–8500 (this is not a tollfree 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 the following exceptions were granted: 1. Columbia Housing Authority. On July 6, 2012, upon request of the Columbia 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 Village at River’s Edge project. The exception was granted by HUD on the basis that the relevant manufactured goods (handrail brackets, door stops, 4-prong appliance power cords) are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality. 2. Hammond Housing Authority. On July 5, 2012, upon request of the Hammond 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 Hubert H. E:\FR\FM\15AUN1.SGM 15AUN1 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Notices Humphrey Hi-Rise project. The exception was granted by HUD on the basis that the relevant manufactured goods (tileflooring) are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality. Dated: August 3, 2012. Sandra B. Henriquez, Assistant Secretary for Public and Indian Housing. [FR Doc. 2012–19966 Filed 8–14–12; 8:45 am] BILLING CODE 4210–67–P Dan Sullivan, Acting Director, Office of Multifamily Housing Development, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410– 8000; telephone: 202–402–6130 (this is not a toll-free number). Hearing- or speech-impaired individuals may access these numbers through TTY by calling the Federal Relay Service at 800–877– 8339 (this is a toll-free number). SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background In accordance with HUD’s mortgage insurance regulation at 24 CFR 207.254, HUD solicited public comment on changes in MIP for its multifamily mortgage insurance programs before the changes are adopted for a new fiscal year. HUD’s regulation at 24 CFR 207.254 provides as follows: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5634–N–02] Changes in Certain Multifamily Housing and Health Care Facility Mortgage Insurance Premiums for Fiscal Year (FY) 2013 Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. AGENCY: On April 10, 2012, HUD announced increases to mortgage insurance premiums (MIPs) for certain Federal Housing Administration (FHA) Multifamily Housing, Health Care Facilities, and Hospital Mortgage Insurance programs for commitments to be issued or reissued in FY 2013, and solicited public comment on the announced increases. In the April 2012, notice, HUD submitted that the MIP increases would not only provide additional protection for the General Insurance and Special Risk Insurance (GI/SRI) fund and increase receipts to the Treasury, but would also encourage private lending to return to the market by ensuring FHA is not under-pricing its risk. The April 2012 notice also announced that a positive credit subsidy obligation will not be required in FY 2013 for loans under any of the active mortgage insurance programs for multifamily housing or health care facilities. This notice announces that the proposed MIP increases will be implemented in FY 2012. This notice also addresses the public comments received in response to the announced MIP increases. DATES: Effective Date: The revised MIP will be effective for any firm commitments issued or reissued on or after October 1, 2012, with the exception of those transaction for which firm commitment applications were submitted prior to June 1, 2012. srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:49 Aug 14, 2012 Jkt 226001 Notice of future premium changes will be published in the Federal Register. The Department will propose MIP changes for multifamily mortgage insurance programs and provide a 30-day public comment period for the purpose of accepting comments on whether the proposed changes are appropriate. In accordance with this regulation, HUD published on April 10, 2012, at 77 FR 21580, a notice that announced changes for FY 2013 in the MIP for programs authorized under the National Housing Act (the Act) (12 U.S.C. 1709(c)(1)), specifically for certain FHA Multifamily Housing, Health Care Facilities, and Hospital Mortgage Insurance programs for commitments to be issued or reissued in FY 2013. The April 2012 notice stated that the MIP for market-rate New Construction/ Substantial Rehabilitation loans under Sections 207, 213, 220, 221(d)(4), 231, 232, and 242 would be increased by 20 basis points, and Section 223(a)(7) loans would be increased by 5 basis points; with a 15 basis point increase for all other market-rate multifamily housing, health care facility, and hospital loans. The April 2012 notice included a chart that set out for each program for which an MIP increase was announced the current basis points and the basis points that would apply in 2013. (See April 10, 2012, notice at 77 FR 21581) The April 2012 notice clarified that these changes would not apply to loans combined with low-income housing tax credits (LIHTCs), other affordable housing loans for HUD-assisted properties, or loans insured under FHA’s Risk Sharing programs. The term ‘‘other affordable housing loans for HUD-assisted properties’’ includes those properties with an active project-based PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 49007 Section 8 contract covering any of its units. The April 2012 notice further clarified that positive credit subsidy will no longer be required for loans under any of the active mortgage insurance programs for multifamily housing or health care facilities. Beginning on October 1, 2012, commitments issued for Section 223(d) operating loss loans for health care facilities and Section 241(a) supplemental loans to FHAfinanced multifamily housing will be reported under the budget risk category of their respective, primary FHA mortgages, which will generate negative credit subsidy in FY 2013. In addition, the Department will suspend issuance and reissuance commitments under two other programs that had previously required positive credit: Section 221(d)(3) multifamily housing loans for projects with non-profit sponsors or for Section 223(d) operating loss loans to multifamily housing projects with a primary FHA mortgage. The April 2012 notice announced that the changes in MIP would be effective and apply to any Firm Commitments issued or reissued after October 1, 2012. II. Public Comments The public comment period on the April 10, 2012, notice closed on May 10, 2012, and HUD received 30 public comments by the close of the public comment period. Comments were submitted by mortgage lenders, organizations representative of the health care industry and of the home building industry, private citizens, and other interested parties. All public comments can be found on www.regulations.gov under the docket number FR–5634–N–01. All of the public commenters opposed the increases in MIPs, and challenged the basis for HUD’ support of the increases. The following presents the key issues raised by commenters and HUD’s response to these issues. Additional Protection for the GI/SRI Fund Is Unwarranted Comment: Commenters objected that the GI/SRI fund needs additional resources. These commenters offered data from a Government National Mortgage Association (GNMA) 2011 annual report that GNMA produced a surplus of $1.1 billion that was returned to the U.S. Treasury. Commenters suggested that if HUD needs additional resources to bolster the GI/SRI fund, then HUD should ‘‘tap’’ into the GNMA’s surplus. Commenters requested that HUD provide data to the industry that documents the need to raise the MIP. E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Pages 49006-49007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19966]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5374-N-42]


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.

-----------------------------------------------------------------------

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 Columbia Housing 
Authority for the purchase and installation of handrail brackets, door 
stops and 4-prong appliance power cords for the Village at River's Edge 
project, and to the Hammond Housing Authority for the purchase and 
installation of tile flooring for its Hubert H. Humphrey Hi-Rise 
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 the following exceptions were granted:
    1. Columbia Housing Authority. On July 6, 2012, upon request of the 
Columbia 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 Village at River's Edge project. 
The exception was granted by HUD on the basis that the relevant 
manufactured goods (handrail brackets, door stops, 4-prong appliance 
power cords) are not produced in the U.S. in sufficient and reasonably 
available quantities or of satisfactory quality.
    2. Hammond Housing Authority. On July 5, 2012, upon request of the 
Hammond 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 Hubert H.

[[Page 49007]]

Humphrey Hi-Rise project. The exception was granted by HUD on the basis 
that the relevant manufactured goods (tileflooring) are not produced in 
the U.S. in sufficient and reasonably available quantities or of 
satisfactory quality.

    Dated: August 3, 2012.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2012-19966 Filed 8-14-12; 8:45 am]
BILLING CODE 4210-67-P
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