[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Notices]
[Page 29841-29843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-113]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2008-0024]
Notice of Proposed Buy America Waiver for the National Fuel Cell
Bus Technology Development Program
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of proposed Buy America waiver and request for comment.
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SUMMARY: The Federal Transit Administration (FTA) proposes to waive its
Buy America requirements for projects funded under the National Fuel
Cell Bus Technology Development Program (Fuel Cell Bus Program). This
Notice sets forth FTA's justification and seeks comment thereon. The
purpose of the Fuel Cell Bus Program is to facilitate the development
of commercially viable fuel cell bus technology and related
infrastructure.
DATES: Comments must be received by May 29, 2008. Late-filed comments
will be considered to the extent practicable.
ADDRESSES: Please submit your comments by only one of the following
means, identifying your submissions by docket number FTA-2008-0024. All
electronic submissions must be made to
[[Page 29842]]
the U.S. Government electronic site at http://www.regulations.gov.
Commenters should follow the instructions below for mailed and hand-
delivered comments.
(1) Web site: http://www.regulations.gov. Follow the instructions
for submitting comments on the U.S. Government electronic docket site;
(2) Fax: (202) 493-2251;
(3) Mail: U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Docket Operations, M-30, Room W12-140, Washington, DC
20590-0001.
(4) Hand Delivery: Room W12-140 on the first floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Instructions: All submissions must make reference to the ``Federal
Transit Administration'' and include docket number FTA-2008-0024. Due
to security procedures in effect since October 2001, mail received
through the U.S. Postal Service may be subject to delays. Parties
making submissions responsive to this notice should consider using an
express mail firm to ensure the prompt filing of any submissions not
filed electronically or by hand. Note that all submissions received,
including any personal information therein, will be posted without
change or alteration to http://www.regulations.gov. For more
information, you may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477), or visit
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For program questions please contact
Christina Gikakis at (202) 366-2637 or christina.gikakis@dot.gov. For
legal questions please contact Jayme L. Blakesley at (202) 366-0304 or
jayme.blakesley@dot.gov.
SUPPLEMENTARY INFORMATION: This Notice sets forth the Federal Transit
Administration's (FTA) justification for proposing to waive its Buy
America requirements for projects funded under the National Fuel Cell
Bus Technology Development Program (Fuel Cell Bus Program) and seeks
comment thereon.
The National Fuel Cell Bus Technology Development Program
Section 3046 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law
109-59, instructed FTA ``to establish a national fuel cell bus
technology program [Fuel Cell Bus Program] to facilitate the
development of commercially viable fuel cell bus technology and related
infrastructure.''
By notice dated April 14, 2006, FTA solicited applications to the
Fuel Cell Bus Program and restated the statutory criteria for
evaluating applications. These criteria included the ability of the
project ``to contribute significantly to furthering fuel cell
technology as it relates to transit bus operations, including hydrogen
production, energy storage, fuel cell technologies, vehicle systems
integration, and power electronics technology,'' and to advance
``different fuel cell technologies, including hydrogen-fueled and
methanol-powered liquid-fueled fuel cell technologies, that may be
viable for public transportation systems.'' 71 FR 19612 (April 14,
2006).
FTA selected three consortiums to participate in the Fuel Cell Bus
Program: The Center for Transportation and the Environment in Atlanta,
the Northeast Advanced Vehicle Consortium in Boston, and Westart/
CALSTART in Pasadena. These consortia will develop fourteen projects.
Of these, eight are development and demonstration projects, two are
component technology development, and four support analysis, outreach
and coordination.
The Fuel Cell Bus Program seeks to develop commercially-viable fuel
cell buses by demonstrating that buses powered by fuel cell technology
can achieve several technical targets, including a four to six year
(20,000 to 30,000 hour) fuel cell durability, cost of less than five
times that of an equivalent diesel, greater than 90% reliability, twice
the fuel efficiency of a comparable bus, emissions below the 2010
Environmental Protection Agency standards and vehicle performance
comparable to a diesel bus.
Public Interest Waiver
The purpose of this notice is to seek public comment on whether FTA
should waive its Buy America requirements for all projects funded under
the Fuel Cell Bus Program.
With certain exceptions, FTA's ``Buy America'' requirements prevent
FTA from obligating an amount that may be appropriated to carry out its
program for a project unless ``the steel, iron, and manufactured goods
used in the project are produced in the United States. 49 U.S.C.
5323(j)(1). One such exception is if applying the Buy America
requirements ``would be inconsistent with the public interest.'' 49
U.S.C. 5323(j)(2)(A). After considering all appropriate factors on a
case-by-case basis, 49 CFR 661.7(b), if FTA determines that the
conditions exist to grant a public interest waiver, FTA will issue a
detailed written statement justifying why the waiver is in the public
interest, and will publish this justification in the Federal Register,
providing the public with a reasonable time for notice and comment of
not more than seven calendar days. 49 CFR 661.7(b).
Because the U.S. market for fuel cell bus technology and related
infrastructure is not fully developed, participants in the Fuel Cell
Bus Program have inquired whether FTA could waive its Buy America
requirements. According to one participant, ``[a] successful Fuel Cell
transit bus must meet and be consistent with the public transit
market's ability to incorporate and afford such technology on a mass
scale. * * * At this stage of technology development more engineering
data is necessary to accurately specify a fuel cell for a competitive
bid. [Requiring participants to comply with FTA's Buy America
requirements] would significantly delay the development effort, would
be extremely expensive, and would result in a huge set back to the
overall development of Fuel Cell technology. [Allowing participants to
use all available technology, regardless of origin,] is the fastest,
soundest method to perfect the technology, assure future competition,
and hasten the advent of fuel cell buses in transit.''
In order to develop commercially viable fuel cell buses, FTA's Fuel
Cell Bus Program must examine all current technologies. But at this
time, because fuel cell technologies for transit are still in the
developmental and technical validation phase, it is impossible to
determine which configurations are most likely to reach
commercialization. As development continues, the industry will require
objective demonstrations and evaluations of different bus propulsion
systems. Permitting participants to use foreign and domestic suppliers
will allow FTA to evaluate which technologies are closest to successful
deployment. If certain technologies are omitted from the program
because they are of foreign origin, it will severely affect FTA's
ability to fully analyze fuel cell bus technology.
FTA believes that a limited waiver of its Buy America requirements
for manufactured products and rolling stock procured through its Fuel
Cell Bus Program is necessary because of the technical difficulties and
increased costs associated with new technology.
There are several benefits to waiving FTA's Buy America
requirements on a
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program-wide basis. FTA selected projects to include all significant
technologies within a centrally-managed program. By granting a waiver
for the entire program, FTA can decrease the start-up time for
individual projects. Otherwise, each project would have to apply for
waivers on a case-by-case basis. This is impractical in a research
setting. Research projects often encounter unexpected problems that
require changes to the scope of work. The continued development of Fuel
Cell technology will result in more choices for FTA grantees and
better, more environmentally friendly, buses for the riding public.
Successful demonstrations through the Fuel Cell Bus Program will
increase awareness of fuel cell technology and foster a domestic
industry by identifying and mitigating barriers and uncertainties in
the market. A limited waiver to support research and development would
increase and improve domestic technical expertise. Moreover, a fully-
inclusive public interest waiver will allow Fuel Cell Bus Program
participants to collaborate to achieve the program goals in an
appropriate timeframe. By reducing risk and expanding expertise, the
Fuel Cell Bus Program will improve the availability of capital for a
self-sustaining domestic fuel cell industry.
For the foregoing reasons, FTA proposes to waive its Buy America
requirements for all projects funded through its Fuel Cell Bus Program.
Quick and successful deployment of fuel cell bus technology and
infrastructure is in the public interest. Fuel cell technology will
benefit the environment by lessening carbon emissions, decreasing the
use of petroleum and other fossil fuels. Allowing foreign technologies
will allow the project teams to focus on commercial viability instead
of having to make fundamental advances independent of existing
technology. Ultimately, this will lead to increased domestic demand for
fuel cell bus technology and infrastructure, resulting in a sustainable
U.S. market.
FTA seeks comment from all interested parties. Please submit
comments by May 29, 2008. Late-filed comments will be considered to the
extent practicable.
Issued this 15th day of May, 2008.
Severn E.S. Miller,
Chief Counsel.
[FR Doc. E8-11403 Filed 5-21-08; 8:45 am]
BILLING CODE 4910-57-P