5 No comments were received to the docket. On March 26, 2012, pursuant to Allison's request for an extension of its waiver until December 31, 2013, FTA published a notice in the Federal Register seeking comment on the proposed waiver extension. Allison based its request upon the Administrative Procedure Act (APA) and argued that a waiver was a "statutory exemption" and therefore a "license," which would continue in effect past its expiration date while an application was pending before the agency. In its second Maletter, Allison requested that its original Apwaiver be extended until a decision was made on the waiver request in its first Maletter. Allison, however, did not provide any specific information as to the supplier, the necessary steps and specific time frames for each of those steps to meet Allison's ESU specifications. manufacturers are now using, Allison indicated that some progress had been made in its search for a domestic supplier and one, in particular, had been found as a potential supplier. Because of the change from Nickel Metal Hydride (NiMH) batteries to Lithium Ion technology, which a greater number of U.S. According to Allison, it was in the process of searching for domestic manufacturers of the ESU technology, but it required until Decemto complete its development/validation process to search for and qualify an ESU product produced in the United States that meets the design requirement specifications of Allison's current ESU. One letter requested an extension of the waiver.
On March 30, 2011, just before this two-year waiver expired, 3 Allison submitted two separate letters to FTA. However, this decision limited the waiver for a period of two years or until such time as a domestic supplier became available, whichever occurred first. 2 FTA's decision to grant a waiver to Allison was based upon the facts and circumstances surrounding Allison's request. In an Apletter, FTA granted a Buy America waiver on the grounds that the ESU was not produced in the United States in a sufficient and reasonably available amount or not of a satisfactory quality. 1 According to Allison, this process would take approximately four to six years. In Allison's request, it stated that the ESU was not available from a domestic source at that time, but that it was in the process of identifying a domestic manufacturer of ESUs and there were suppliers that indicated the possibility of opening domestic facilities for ESU manufacturing.
The ESU stores and supplies electrical energy for this H 40/50 EP System during normal motor-generator operation and during regenerative breaking.
On November 14,2008, and March 12,2009, Allison requested a Buy America waiver for its ESU, which is one of five subsystems used in Allison's hybrid-electric propulsion system known as the H 40/50 EP System. For the reasons set forth below, I must deny your request. (Allison), dated March 30, 2011, and May 7, 2013, for a Buy America "non-availability" waiver for Allison's Energy Storage Unit (ESU) subsystem. I write in response to your renewed requests to the Federal Transit Administration (FTA) on behalf of your client, Allison Transmission Inc.
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