November 16, 2018

November 16, 2018

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November 15, 2018

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November 14, 2018

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Fuel Marketing Research and Fuel Cell Development

Presidential Determination:  Alane Fuel Cells

On October 11, 2018, President Trump issued a Presidential Determination that the development and purchase of equipment and materials needed for alane fuel cells are essential to the national defense.  Alane fuel cells are, essentially, comprised of aluminum hydride and are possible alternatives to hydrogen fuel cells.  According to manufacturers, the only byproducts are water and aluminum, the latter of which can be recycled.

Issuing the determination under Section 303 of the Defense Production Act of 1950, the President stated that “United States industry cannot reasonably be expected to provide the capability for the production of alane fuel cells adequately and in a timely manner. Further, purchases, purchase commitments, or other action pursuant to section 303 of the Act are the most cost effective, expedient, and practical alternative method for meeting the need for this critical capability.”

In general, Section 303 authorities can be used by the President to provide incentives for domestic private industry to produce and supply critical goods that are necessary for the national defense.  It vests the President with an array of authorities to create, maintain, protect, expand, or restore domestic industrial base capabilities essential to the national defense. These authorities include purchasing or making purchase commitments of industrial resources or critical technology items; making subsidized payments for domestically produced materials; and installing and purchasing equipment for industrial facilities to expand their productive capacity.

EU Sets New Standards For Fuel Marking

On October 12, 2018, the EC announced new requirements for labeling fuel. As of the aforementioned date, European Union (EU) Member States must use set fuel labels on newly produced vehicles, at vehicle dealerships, and at gas stations that dispense hydrogen, diesel, compressed natural gas, liquefied petroleum gas, petrol, and liquefied natural gas. Given the growing variety of fuels on the market, the EC’s new requirements address the greater need for transparency of information to consumers. The labels are to be put on the nozzles of gas filling pumps, on the pumps themselves, and in the vicinity of fuel filler caps on new cars, motorcycles, buses, and coaches, among other places.

©2018 Bergeson & Campbell, P.C.

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About this Author

Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy...

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