Notice2023-08257
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
Primary source
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Published
April 19, 2023
Issuing agencies
Housing and Urban Development Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 75 (Wednesday, April 19, 2023)</title>
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[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24206-24207]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="http://www.regulations.gov">www.regulations.gov</a>. 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>. Copies of all comments
submitted are available for inspection and downloading at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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 <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>. HUD encourages submission
of questions about this document be sent to
<a href="/cdn-cgi/l/email-protection#4d0f382421290c20283f242e2c0f38340c20283f242e2c0d253829632a223b"><span class="__cf_email__" data-cfemail="7436011d1810351911061d171536010d351911061d1715341c01105a131b02">[email protected]</span></a>.
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: <a href="https://www.hud.gov/program_offices/public_indian_housing/ih/regs/govtogov_tcp">https://www.hud.gov/program_offices/public_indian_housing/ih/regs/govtogov_tcp</a>. 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
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