49 C.F.R. PART 624—CLEAN FUELS FORMULA GRANT PROGRAM
Title 49 - Transportation
Authority: 49 U.S.C. 5308; 49 CFR 1.51.
Source: 67 FR 40104, June 11, 2002, unless otherwise noted.
(a) An eligible applicant is a designated recipient (designated recipient has the same meaning as in 49 U.S.C. 5307(a)(2)) in either an: (1) Ozone and carbon monoxide nonattainment areas that have the specific classifications established by the 1990 Clean Air Act Amendments [Public Law 101–549], or (2) Ozone and carbon monoxide (CO) “maintenance” areas that, before they were redesignated to attainment by the Environmental Protection Agency (EPA), had these same classifications. (b) The nonattainment classifications for ozone are “marginal,” “moderate,” “serious,” “severe,” and “extreme.” The nonattainment classifications for CO are “moderate” and “serious.” (a) Eligible activities include the purchase or lease of clean fuel buses and facilities, repowering or retrofitting buses to operate on clean fuels, and the improvement of existing facilities to accommodate clean fuel buses. (b) The term “clean fuel vehicle” means a vehicle that— (1) Is powered by— (i) Compressed natural gas; (ii) Liquefied natural gas; (iii) Biodiesel fuels; (iv) Batteries; (v) Alcohol-based fuels; (vi) Hybrid electric; (vii) Fuel cells; (viii) Clean diesel, to the extent allowed under this section; or (ix) Other low or zero emissions technology; and (2) The Administrator of the Environmental Protection Agency has certified sufficiently reduces harmful emissions. (c) Eligible projects are the following: (1) Purchasing or leasing clean fuel buses, including buses that employ a lightweight composite primary structure, and vans for use in revenue service. The purchase or lease of non-revenue vehicles is not an eligible project. (2) Constructing or leasing clean fuel bus facilities or electrical recharging facilities and related equipment. Facilities and related equipment for clean diesel buses are not eligible. (3) Improving existing mass transportation facilities to accommodate clean fuel buses. (4) Repowering pre-1993 engines with clean fuel technology that meets the current urban bus emission standards. Repowering means the removal of an engine from a bus followed by the installation of another engine and applies to engines that are replaced with new, previously unused, engines as well as those exchanged from an inventory of rebuilt engines. (5) Retrofitting or rebuilding pre-1993 engines if before half life (e.g., prior to six years of bus life) to rebuild; “retrofit” means use of the latest after-market technology such as “upgrade kits,” or after-treatment devices that treat the exhaust after it has left the engine, such as catalytic converters and particulate filters. (6) At the discretion of FTA, projects relating to clean fuel, biodiesel, hybrid electric, or zero emissions technology vehicles that achieve emissions reductions equivalent or superior to existing clean fuel or hybrid electric technologies. (a) Pre-applications must be submitted to the appropriate FTA regional office no later than January 1 of each fiscal year. Subject to the availability of funds, FTA will apportion the funds based on the formula and the pool of applicants, no later than February 1 of each year. Once the applicant has been notified of the apportionment of funds and the eligibility of its application, it should proceed to complete and file the final application. The final application must be submitted electronically if the grantee is using the electronic application process (i.e., TEAM). (b) The pre-application consists of a Letter of Interest and a Pre-application Worksheet as described as follows: (1) Letter of interest. This letter serves as the cover letter for the Pre-application Worksheet, expressing interest in submitting an application. It describes the overall clean fuel technology program of the agency, including the technology selected, describes the necessary infrastructure to support the program and the long-range objectives of the program including the eventual size of the clean fuel fleet. It summarizes the eligible activities for which the agency is applying and the amount of funds that the agency is seeking. (2) Pre-application worksheet. Applicants must use the worksheet found in Appendix A to this part. The applicant must use the certification contained in the Annual Notice of Assurances and Certifications published in the The Clean Fuels Formula funds will be apportioned according to the following formula: (a) Areas with population 1,000,000 and above. Two thirds of the funds available each fiscal year shall be apportioned to applicants with eligible projects in urban areas with a population of 1,000,000 and above. Of this, 50 percent shall be apportioned so that each applicant receives a grant in an amount equal to the ratio between: (1) The number of vehicles in the bus fleet of the eligible applicant, weighted by the severity of nonattainment for the area in which the eligible applicant is located; and (2) The total number of vehicles in the bus fleets of all eligible applicants in areas with a population of 1,000,000 and above, weighted by the severity of nonattainment for all areas in which those eligible projects are located as provided in paragraphs (c) and (d) of this section. The remaining 50 percent shall be apportioned such that each designated recipient receives a grant in an amount equal to the ratio between: (i) The number of bus passenger miles of the eligible designated recipient, weighted by the severity of nonattainment of the area in which the eligible applicant is located as provided in paragraphs (c) and (d) of this section. (ii) The total number of bus passenger miles of all eligible applicants in areas with a population of 1,000,000 and above, weighted by the severity of nonattainment of all areas in which those eligible applicants are located as provided in paragraphs (c) and (d) of this section. (b) Areas under 1,000,000 population. The formula for areas under 1,000,000 in population is the same as paragraph (a) of this section, except the formula removes the pool of eligible applicants in areas with a population of 1,000,000 and above and replaces it with the pool of eligible applicants in areas with populations under 1,000,000. (c) Weighting factors. (1) The weighting factor for ozone shall be determined based on the following factors. (i) 1.0 if, at the time of the apportionment, the area is a maintenance area for ozone; (ii) 1.1 if, at the time of the apportionment, the area is classified as a marginal ozone nonattainment area; (iii) 1.2 if, at the time of the apportionment, the area is classified as a moderate ozone nonattainment area; (iv) 1.3 if, at the time of the apportionment, the area is classified as a serious ozone nonattainment area; (v) 1.4 if, at the time of the apportionment, the area is classified as a severe ozone nonattainment area; (vi) 1.5 if, at the time of the apportionment, the area is classified as an extreme ozone nonattainment area; (2) The weighting factor for CO shall be determined based on the factors: (i) 1.0 if, at the time of the apportionment, the area is a maintenance area for carbon monoxide; (ii) 1.2 if, at the time of the apportionment, the area is classified as a moderate carbon monoxide nonattainment area; (iii) 1.3 if, at the time of the apportionment, the area is classified as a serious carbon monoxide nonattainment area. (3) The number of buses in the fleet and the bus passenger miles shall be multiplied by the higher of the ozone or CO factors. (d) Additional adjustment. The number of buses in the fleet and the bus passenger miles shall be further multiplied by a factor of 1.2 if the area is both nonattainment for CO and either nonattainment or maintenance for ozone. (e) Limitation on uses. (1) Not less than 5 percent of the amount made available by or appropriated under 49 U.S.C. 5338 in each fiscal year to carry out this section shall be available for any eligible projects for which an application is received from a designated recipient for the purchase or construction of hybrid electric or battery-powered buses or facilities specifically designed to service those buses. (2) Not more than 35 percent of the amount made available by or appropriated under 49 U.S.C. 5338 in each fiscal year to carry out this section may be made available to fund clean diesel buses. (3) Not more than 5 percent of the amount made available by or appropriated under 49 U.S.C. 5338 in each fiscal year to carry out this section may be made available to fund 21 retrofitting or replacement of the engines of buses that do not meet the clean air standards of the Environmental Protection Agency, as in effect on the date on which the application for such retrofitting or replacement is submitted under §624.5. Note to §624.9. Maximum grant amount. The amount of a grant made to a designated recipient under this section shall not exceed the lesser of—for an eligible project in an area with a population of less than 1,000,000, $15,000,000,—and for an eligible project in an area with a population of at least 1,000,000, $25,000,000; or 80 percent of the total cost of the eligible project. Any amounts that would otherwise be apportioned to a designated reciipient under this Note that exceed the amount described in this Note shall be reapportioned among other designated recipients in accordance with this section. [67 FR 41579, June 18, 2002] (a) Recipients of financial assistance under 49 U.S.C. 5308 who purchase or lease hybrid electric, battery electric and fuel cell vehicles must report to the appropriate FTA regional office on a quarterly basis for the first three years of the useful life of the vehicle with the following information: (1) Vehicle miles traveled; (2) Fuel/energy costs; (3) Vehicle fuel/energy consumption and oil consumption; (4) Number of road calls or breakdowns resulting from clean fuel and advanced propulsion technology systems, and (5) Maintenance costs associated with the clean fuels or advanced propulsion system. (b) Recipients of financial assistance under 49 U.S.C. 5308 who purchase or lease compressed natural gas (CNG), liquefied natural gas (LNG), and liquefied petroleum gas (LPG) vehicles may report the information described in paragraph (a) of this section, but this reporting is voluntary. (c) Recipients of financial assistance under 49 U.S.C. 5308 who purchase or lease clean diesel vehicles should not report information beyond the normal FTA quarterly reporting requirements. The following are instructions for completing the pre-application worksheet: (1) Requesting Agency. Fill in the name of the applicant. The applicant must be a designated recipient. (2) UZA (or Urban Area). List the name of the urbanized area if the applicant is located in an urbanized area. Otherwise, indicate the name of the city or town. (3) Nonattainment or Maintenance Area Name. List the name of the nonattainment or maintenance area in which your agency provides service. (4) Classification for Ozone. List the current EPA nonattainment classification for your service area. (The classification must be of the following terms: marginal, moderate, serious, severe, or extreme.) (5) Classification for Carbon Monoxide. List the current EPA nonattainment classification for your service area. (The classification must be either moderate or serious.) I. Proposed activity. (1) New Bus Purchase/Lease. Enter the number of vans or buses by fuel category in the pre-application. For hybrid electric vehicles, include fuel types. Indicate whether the structure is lightweight composite or traditional structure and weight. Enter the total and Federal amount for each fuel type. (2) Construct/Lease New Clean Fuel Facility and Related Equipment. Indicate the Federal and total amount for a clean fuels facility, related equipment or electrical recharging facility. Enter any descriptive or explanatory information on the lines for additional information, including what fuel type is being accommodated. Facilities to accommodate clean diesel are not eligible. (3) Indicate the Federal amount and total amount for improvements to existing facilities to accommodate clean fuel buses. Enter any descriptive or explanatory information on the line for additional items, including what fuel type is being accommodated. (4) Indicate the Federal amount and total amount for repowering/replacing pre-1993 engines with engines that meet current emissions standards when installed. Please include a separate entry for each fuel type. For the purposes of this program, repowering/replacement means the removal of an engine from the bus followed by the installation of another engine. This applies to engines that are replaced with new, previously unused engines, as well as those exchanged from an inventory of rebuilt engines. (5) Enter a quantity, Federal amount, and total amount by fuel type for retrofit/rebuild of pre-1993 engines to comply with latest EPA-certified emissions standards. For the purposes of this program, “retrofit” means the use of the latest after-market technology such as “upgrade kits,” or after-treatment device(s) that treat the exhaust after it has left the engine, such as catalytic converters or particulate filters. “Before the half-life rebuild” means that the retrofitting would need to occur before the bus is six years old. Since this provision applies to pre-1993 engines, this provision is of limited time availability. (6) This section should describe any proposed clean fuel project not included in the categories above. Since any project not included above requires approval at the discretion of FTA, projects included here should also be described in the letter of interest. Include the Federal amount and total. (7) Summary. Indicate the Totals for the Federal and Total Amounts requested for all projects listed in this Section I. II. Data This section contains the active bus fleet and annual bus passenger miles information that is required to run the Clean Fuels formula. (1) Enter the number of buses in the active fixed route fleet. For this purpose, “bus” includes articulated motorbus, Class A bus (>35 seats), Class B bus (25–35 seats), Class C bus (<25 seats), double-decked bus, school bus, and electric trolley bus. Use NTD data that was reported 2 years prior (e.g., if applying in FY 2003, use data from FY 2001). For UZAs that have already submitted information to the National Transit Database (NTD), add the data from column H of Form 408 for the following vehicle types: AB, BA, BB, BC, DD, SB, and TB. (These vehicle types are defined in reporter's guidance for the NTD.) (2) Enter the fixed route annual bus passenger miles for 2 years prior (e.g., if applying in FY 2003, use data from FY 2001. This may include motorbus (see types above) or trolley bus. For UZAs that have submitted NTD data, add the information from column I of line 25 of Form 406 for the modes MB and TB. III. Projects Subject to Minimum/Maximum Apportionments This section provides a dollar total for the areas that are affected by either maximum or minimum constraints. These constraints apply to the entire program and not to individual applicants. However, in order to comply with these constraints, FTA must know how much each applicant is applying for in each of these areas. (1) Enter the total Federal dollar amount for the purchase/lease of clean diesel vehicles. (2) Enter the total Federal dollar amount for project elements that fall into the category of purchasing hybrid electric or battery-powered buses or constructing facilities designed to service them. (3) Enter the total Federal dollar amount for project elements that fall into the category of retrofitting or replacing bus engines that do not meet the clean air standards of the EPA. Note: Because of the uncertainty of how many grantees will apply, the actual amount that a grantee receives in an apportionment may be different from the amount requested in the application that was submitted. Furthermore, because clean diesel and retrofit/replacement of bus engines are subject to maximum constraints, the amounts specifically apportioned for those purposes may not resemble the proportionality of the application. For example, suppose Grantee A's application included $500,000 for clean diesel and $100,000 for a compressed natural gas bus. If the 35 percent ceiling for clean diesel is exceeded by the total applications, Grantee A may only be allowed $50,000 to be used specifically for clean diesel because of the ceiling. The remainder of the funds apportioned to Grantee A (say, $300,000) would have to be used in areas without a maximum constraint, i.e., in areas other than clean diesel or retrofit/replacement of bus engines if applied for. IV. Certification The chief executive officer or the general manager of the transit agency should sign this certification.
Title 49: Transportation
PART 624—CLEAN FUELS FORMULA GRANT PROGRAM
Section Contents
§ 624.1 Eligible applicant.
§ 624.3 Eligible activities.
§ 624.5 Application process.
§ 624.7 Certification.
§ 624.9 Formula.
§ 624.11 Reporting.
Appendix A to Part 624—Pre–Application Worksheet
§ 624.1 Eligible applicant.
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§ 624.3 Eligible activities.
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§ 624.5 Application process.
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§ 624.7 Certification.
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§ 624.9 Formula.
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§ 624.11 Reporting.
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Appendix A to Part 624—Pre–Application Worksheet
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