Notice of Proposed Buy America Waiver for Battery Electric Minibuses and Request for Comment, 104285-104286 [2024-30448]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. OMB Control Number: 2120–0774. Title: Safety Assurance System (SAS) External Portal. Form Numbers: List of the following web-based forms: • Submitting a Preapplication Statement of Intent (PASI) Form (FAA Form 8400–6) (14 CFR parts 121, 135 and 141); • Submitting an Application for Repair Station (FAA Form 8310–3) (14 CFR part 145); • Submitting an Application for Aviation Maintenance School Certificate and Ratings Application (FAA Form 8310–6) (14 CFR part 147). Type of Review: Renewal of an information collection. Background: The SAS external portal is a web-based tool developed for 14 CFR part 121, 135, 141, 142, 145 and 147 applicants and certificate holders (also referred to as external users) to exchange information with Flight Standards employees, primarily the Certification Project Managers (CPMs), Principal Inspectors (PIs) and Training Center Program Managers (TCPMs). SAS external portal creates the ability for our external users to collaborate and communicate with their FS counterparts in the execution of the following functions: • Submitting a Preapplication Statement of Intent (PASI) Form (FAA Form 8400–6) (14 CFR parts 121, 135 and 141); • Submitting an Application for Repair Station (FAA Form 8310–3) (14 CFR part 145); • Submitting an Application for Aviation Maintenance School Certificate and Ratings Application (FAA Form 8310–6) (14 CFR part 147); • Submitting a Letter of Intent (14 CFR part 142); • Submitting Element Design (ED) data collection tools (DCTs); and, • Sharing of other documentation as needed. Benefits to the certificate holder or applicant to use the external portal include: VerDate Sep<11>2014 20:12 Dec 19, 2024 Jkt 265001 • Ease of submission and expedited processing and tracking of documents/ requests; • Documents/requests are sent directly to the FS employees, which eliminates wait time for the entry of information by the PI/CPM; and, • Access to DCTs. Respondents: Applicant respondents—922; Certificate Holder respondents—7892. Frequency: On occasion. Estimated Average Burden per Response: Applicant respondents—135 hours; Certificate Holder respondents— 90 hours. Estimated Total Annual Burden: Applicants $7,027,935; Certificate Holders $40,104,456. Issued in Herndon, VA, on December 10, 2024. Derek A. Lockhart, Automation & Policy Team Leader, System Approach for Safety Oversight (SASO) Program Office, AFS–910. [FR Doc. 2024–29464 Filed 12–19–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2024–0018] Notice of Proposed Buy America Waiver for Battery Electric Minibuses and Request for Comment AGENCY: Federal Transit Administration, DOT. Notice of proposed Buy America waiver and request for comment. ACTION: The Federal Transit Administration (FTA) has received multiple requests for a Buy America waiver for battery electric minibuses based on the non-availability of Buy America-compliant vehicles. FTA is proposing a general non-availability waiver of limited duration for vehicles in this class that meet certain criteria. FTA seeks public and industry comment on whether FTA should grant the waiver or a modified version of the waiver. DATES: Comments must be received by January 6, 2025. Late-filed comments will be considered only to the extent practicable. SUMMARY: Please submit all comments electronically to the Federal eRulemaking Portal. Go to https:// www.regulations.gov and follow the instructions for submitting comments. Instructions: All submissions must refer to the Federal Transit Administration and the docket number ADDRESSES: PO 00000 Frm 00214 Fmt 4703 Sfmt 4703 104285 of this notice. Note that all submissions received, including any personal information provided, will be posted without change and will be available to the public on https:// www.regulations.gov. You may review DOT’s complete Privacy Act Statement in the Federal Register published April 11, 2000 (65 FR 19477), or at https:// www.transportation.gov/privacy. FOR FURTHER INFORMATION CONTACT: Jason Pollock, FTA Attorney-Advisor, at (202) 923–6403 or Jason.Pollock@ dot.gov. The purpose of this notice is to seek public comment on whether FTA should grant a non-availability waiver for the procurement of battery electric minibuses. SUPPLEMENTARY INFORMATION: Background Under FTA’s Buy America statute, FTA may obligate funds for a project to procure rolling stock only if the cost of components and subcomponents produced in the United States is more than 70 percent of the cost of all components of the rolling stock, and final assembly of the rolling stock occurs in the United States. 49 U.S.C. 5323(j)(2)(C). A manufacturer of rolling stock must submit to pre-award and post-delivery audits and independent inspections to verify its compliance with Buy America. 49 U.S.C. 5323(m). FTA may waive Buy America for an item, among other reasons, if a compliant version is not produced in a sufficient and reasonably available amount or is not of a satisfactory quality. 49 U.S.C. 5323(j)(2)(B) (‘‘nonavailability waiver’’). FTA cannot deny a request for a non-availability waiver unless FTA can provide the waiver applicant with a written certification that asserts the item is produced in the United States in a sufficient and reasonably available amount; the item produced in the United States is of a satisfactory quality; and includes a list of known manufacturers in the United States from which the item can be obtained. 49 U.S.C. 5323(j)(6). In 2023, FTA received 3 applications on behalf of 16 transit operators for nonavailability waivers to purchase the Karsan e-Jest battery electric minibus. The 3 applicants are the Heart of Iowa Regional Transit Authority on behalf of 10 transit agencies in California, Iowa, and Washington; the Greater Attleboro Taunton Regional Transit Authority in Massachusetts on behalf of 5 transit agencies in Massachusetts; and Alabama A&M University. Combined, the 3 applications seek a minimum order of E:\FR\FM\20DEN1.SGM 20DEN1 104286 Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices 57 and a potential maximum order of 261 vehicles. After reviewing available electric propulsion minibuses, FTA has not identified a vehicle that meets all the requesters’ specifications and FTA’s Buy America rolling stock standard. Because of the apparent growing interest in vehicles of this type, as evidenced by these requests and letters of support from over 150 transit agencies across the country, and to foster competition and encourage on-shoring of vehicle manufacturing to the United States, FTA is proposing a general waiver available to any FTA funding recipient and not constrained to any particular manufacturer’s offering. The proposed waiver builds on FTA’s previous efforts through the Clean Bus Manufacturing Roundtable to encourage the transition to zero emission vehicles by allowing federal participation in the purchase of vehicles that provide public transportation services in areas where full-sized zero emissions buses are not used due to lower passenger counts. Further, the waiver builds on FTA’s efforts to encourage domestic manufacturing on-shoring by having a limited duration and phase-in period to give manufacturers sufficient time to establish domestic sourcing and manufacturing capabilities that meet FTA’s Buy America rolling stock standard in the smaller bus (aka minibus) market. Additionally, FTA consulted the National Institute of Standards and Technology’s Manufacturing Extension Partnership to conduct supplier scouting for any battery electric minibus supplier capable of meeting FTA’s Buy America requirements and the requesters’ specifications. Supplier scouting identified no such suppliers. ddrumheller on DSK120RN23PROD with NOTICES1 Proposed Waiver FTA proposes issuing a general nonavailability waiver of FTA’s Buy America rolling stock requirements for any vehicle with all of the following characteristics. • The vehicle is powered by a battery electric propulsion system. • The vehicle has, or is capable of having, low-floor entry. • The vehicle is of unibody or monocoque construction (i.e., not bodyon-chassis). • The vehicle has a gross vehicle weight rating or gross vehicle weight of less than 11,794 kg (26,001 pounds) and is designed to transport fewer than 16 seated passengers including the driver.1 1 The number of passengers a vehicle is designed to transport is based on the number of designated seats in the vehicle and does not include areas VerDate Sep<11>2014 20:12 Dec 19, 2024 Jkt 265001 • The vehicle is not required to report to the National Highway Traffic Safety Administration under the American Automobile Labelling Act. FTA previously issued a partial Buy America waiver for vehicles subject to AALA reporting (Notice of Partial Buy America Waiver for Vans and Minivans, 87 FR 64534 (Oct. 25, 2022)), and does not intend to alter the terms of that current waiver by this proposed action. To encourage potential market entrants to build the requisite domestic supply chains and establish a final assembly facility in the United States, FTA proposes that the waiver would phase out over time. For a contract for a vehicle meeting all the above requirements awarded more than two years after the effective date of the waiver, this waiver would only apply where vehicle final assembly occurs in the United States. This waiver would expire three years after it is finalized, or upon FTA’s publication of a Federal Register notice rescinding the waiver after determining that a fully Buy America-compliant vehicle has become available, whichever occurs first. The availability of electric minibuses will contribute to the reduction of greenhouse gas emissions and environmental justice. Beginning with a 2022 Dear Colleague Letter on Cutaway Rebuild Useful Life, FTA has acknowledged and made efforts to address supply constraints and delivery delays of body-on-chassis vehicles experienced by FTA recipients. One of the requesters for this proposed waiver reported waiting times of 24–36 months to receive delivery of body-onchassis vehicles. This proposed waiver continues FTA’s efforts to relieve delays experienced by transit operators due to limited chassis availability for transit vehicles by responding to recipients’ requests for vehicles of unibody or monocoque construction. The requesters’ specification for a unibody or monocoque construction and zeroemission propulsion would make a new vehicle type available for FTA recipients to provide zero-emission public transportation services on routes or in operations that are most efficiently served by minibuses due to lower passenger counts. suitable, or even designed for, standing passengers. See 49 CFR 383.5 and Federal Motor Carrier Safety Administration guidance: https:// www.fmcsa.dot.gov/registration/commercialdrivers-license/one-definition-cmv-vehicledesigned-transport-16-or-more. Frm 00215 Fmt 4703 Sfmt 4703 This notice satisfies FTA’s requirement to publish any proposed Buy America waiver in the Federal Register and provide the public with a reasonable period of time for notice and comment. 49 U.S.C. 5323(j)(3) and section 70937(b)(1) of Public Law 117– 58. FTA seeks public and industry comment from all interested parties. In particular, FTA seeks comment regarding whether the waiver should be approved, and, if so, whether it should be modified from FTA’s proposal and why. Relevant information and comments will help FTA fully establish the facts surrounding the waiver requests and FTA’s proposal and inform its ultimate decision on whether to grant the waiver. Veronica Vanterpool, Deputy Administrator. [FR Doc. 2024–30448 Filed 12–19–24; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Maritime Administration Impacts of the Waiver PO 00000 Request for Comment [Docket No. MARAD–2024–0162] Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: CLAPOTIS (SAIL); Invitation for Public Comments Maritime Administration, DOT. Notice. AGENCY: ACTION: The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to issue coastwise endorsement eligibility determinations for foreign-built vessels which will carry no more than twelve passengers for hire. A request for such a determination has been received by MARAD. By this notice, MARAD seeks comments from interested parties as to any effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. Information about the requestor’s vessel, including a brief description of the proposed service, is listed below. DATES: Submit comments on or before January 21, 2025. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2024–0162 by any one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Search MARAD–2024–0162 and follow the instructions for submitting comments. SUMMARY: E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104285-104286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30448]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2024-0018]


Notice of Proposed Buy America Waiver for Battery Electric 
Minibuses and Request for Comment

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of proposed Buy America waiver and request for comment.

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

SUMMARY: The Federal Transit Administration (FTA) has received multiple 
requests for a Buy America waiver for battery electric minibuses based 
on the non-availability of Buy America-compliant vehicles. FTA is 
proposing a general non-availability waiver of limited duration for 
vehicles in this class that meet certain criteria. FTA seeks public and 
industry comment on whether FTA should grant the waiver or a modified 
version of the waiver.

DATES: Comments must be received by January 6, 2025. Late-filed 
comments will be considered only to the extent practicable.

ADDRESSES: Please submit all comments electronically to the Federal 
eRulemaking Portal. Go to https://www.regulations.gov and follow the 
instructions for submitting comments.
    Instructions: All submissions must refer to the Federal Transit 
Administration and the docket number of this notice. Note that all 
submissions received, including any personal information provided, will 
be posted without change and will be available to the public on https://www.regulations.gov. You may review DOT's complete Privacy Act 
Statement in the Federal Register published April 11, 2000 (65 FR 
19477), or at https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Jason Pollock, FTA Attorney-Advisor, 
at (202) 923-6403 or [email protected].

SUPPLEMENTARY INFORMATION: The purpose of this notice is to seek public 
comment on whether FTA should grant a non-availability waiver for the 
procurement of battery electric minibuses.

Background

    Under FTA's Buy America statute, FTA may obligate funds for a 
project to procure rolling stock only if the cost of components and 
subcomponents produced in the United States is more than 70 percent of 
the cost of all components of the rolling stock, and final assembly of 
the rolling stock occurs in the United States. 49 U.S.C. 5323(j)(2)(C). 
A manufacturer of rolling stock must submit to pre-award and post-
delivery audits and independent inspections to verify its compliance 
with Buy America. 49 U.S.C. 5323(m).
    FTA may waive Buy America for an item, among other reasons, if a 
compliant version is not produced in a sufficient and reasonably 
available amount or is not of a satisfactory quality. 49 U.S.C. 
5323(j)(2)(B) (``non-availability waiver''). FTA cannot deny a request 
for a non-availability waiver unless FTA can provide the waiver 
applicant with a written certification that asserts the item is 
produced in the United States in a sufficient and reasonably available 
amount; the item produced in the United States is of a satisfactory 
quality; and includes a list of known manufacturers in the United 
States from which the item can be obtained. 49 U.S.C. 5323(j)(6).
    In 2023, FTA received 3 applications on behalf of 16 transit 
operators for non-availability waivers to purchase the Karsan e-Jest 
battery electric minibus. The 3 applicants are the Heart of Iowa 
Regional Transit Authority on behalf of 10 transit agencies in 
California, Iowa, and Washington; the Greater Attleboro Taunton 
Regional Transit Authority in Massachusetts on behalf of 5 transit 
agencies in Massachusetts; and Alabama A&M University. Combined, the 3 
applications seek a minimum order of

[[Page 104286]]

57 and a potential maximum order of 261 vehicles.
    After reviewing available electric propulsion minibuses, FTA has 
not identified a vehicle that meets all the requesters' specifications 
and FTA's Buy America rolling stock standard. Because of the apparent 
growing interest in vehicles of this type, as evidenced by these 
requests and letters of support from over 150 transit agencies across 
the country, and to foster competition and encourage on-shoring of 
vehicle manufacturing to the United States, FTA is proposing a general 
waiver available to any FTA funding recipient and not constrained to 
any particular manufacturer's offering. The proposed waiver builds on 
FTA's previous efforts through the Clean Bus Manufacturing Roundtable 
to encourage the transition to zero emission vehicles by allowing 
federal participation in the purchase of vehicles that provide public 
transportation services in areas where full-sized zero emissions buses 
are not used due to lower passenger counts. Further, the waiver builds 
on FTA's efforts to encourage domestic manufacturing on-shoring by 
having a limited duration and phase-in period to give manufacturers 
sufficient time to establish domestic sourcing and manufacturing 
capabilities that meet FTA's Buy America rolling stock standard in the 
smaller bus (aka minibus) market.
    Additionally, FTA consulted the National Institute of Standards and 
Technology's Manufacturing Extension Partnership to conduct supplier 
scouting for any battery electric minibus supplier capable of meeting 
FTA's Buy America requirements and the requesters' specifications. 
Supplier scouting identified no such suppliers.

Proposed Waiver

    FTA proposes issuing a general non-availability waiver of FTA's Buy 
America rolling stock requirements for any vehicle with all of the 
following characteristics.
     The vehicle is powered by a battery electric propulsion 
system.
     The vehicle has, or is capable of having, low-floor entry.
     The vehicle is of unibody or monocoque construction (i.e., 
not body-on-chassis).
     The vehicle has a gross vehicle weight rating or gross 
vehicle weight of less than 11,794 kg (26,001 pounds) and is designed 
to transport fewer than 16 seated passengers including the driver.\1\
---------------------------------------------------------------------------

    \1\ The number of passengers a vehicle is designed to transport 
is based on the number of designated seats in the vehicle and does 
not include areas suitable, or even designed for, standing 
passengers. See 49 CFR 383.5 and Federal Motor Carrier Safety 
Administration guidance: https://www.fmcsa.dot.gov/registration/commercial-drivers-license/one-definition-cmv-vehicle-designed-transport-16-or-more.
---------------------------------------------------------------------------

     The vehicle is not required to report to the National 
Highway Traffic Safety Administration under the American Automobile 
Labelling Act. FTA previously issued a partial Buy America waiver for 
vehicles subject to AALA reporting (Notice of Partial Buy America 
Waiver for Vans and Minivans, 87 FR 64534 (Oct. 25, 2022)), and does 
not intend to alter the terms of that current waiver by this proposed 
action.
    To encourage potential market entrants to build the requisite 
domestic supply chains and establish a final assembly facility in the 
United States, FTA proposes that the waiver would phase out over time. 
For a contract for a vehicle meeting all the above requirements awarded 
more than two years after the effective date of the waiver, this waiver 
would only apply where vehicle final assembly occurs in the United 
States. This waiver would expire three years after it is finalized, or 
upon FTA's publication of a Federal Register notice rescinding the 
waiver after determining that a fully Buy America-compliant vehicle has 
become available, whichever occurs first.

Impacts of the Waiver

    The availability of electric minibuses will contribute to the 
reduction of greenhouse gas emissions and environmental justice.
    Beginning with a 2022 Dear Colleague Letter on Cutaway Rebuild 
Useful Life, FTA has acknowledged and made efforts to address supply 
constraints and delivery delays of body-on-chassis vehicles experienced 
by FTA recipients. One of the requesters for this proposed waiver 
reported waiting times of 24-36 months to receive delivery of body-on-
chassis vehicles. This proposed waiver continues FTA's efforts to 
relieve delays experienced by transit operators due to limited chassis 
availability for transit vehicles by responding to recipients' requests 
for vehicles of unibody or monocoque construction. The requesters' 
specification for a unibody or monocoque construction and zero-emission 
propulsion would make a new vehicle type available for FTA recipients 
to provide zero-emission public transportation services on routes or in 
operations that are most efficiently served by minibuses due to lower 
passenger counts.

Request for Comment

    This notice satisfies FTA's requirement to publish any proposed Buy 
America waiver in the Federal Register and provide the public with a 
reasonable period of time for notice and comment. 49 U.S.C. 5323(j)(3) 
and section 70937(b)(1) of Public Law 117-58.
    FTA seeks public and industry comment from all interested parties. 
In particular, FTA seeks comment regarding whether the waiver should be 
approved, and, if so, whether it should be modified from FTA's proposal 
and why. Relevant information and comments will help FTA fully 
establish the facts surrounding the waiver requests and FTA's proposal 
and inform its ultimate decision on whether to grant the waiver.

Veronica Vanterpool,
Deputy Administrator.
[FR Doc. 2024-30448 Filed 12-19-24; 8:45 am]
BILLING CODE 4910-57-P
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