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Epact 1992, Pub Vol. 79 Friday, No. 55 March 21, 2014 Part III Department of Energy 10 CFR Part 490 Alternative Fuel Transportation Program; Alternative Fueled Vehicle Credit Program Modification and Other Amendments; Final Rule VerDate Mar<15>2010 17:33 Mar 20, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\21MRR2.SGM 21MRR2 mstockstill on DSK4VPTVN1PROD with RULES2 15882 Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Rules and Regulations DEPARTMENT OF ENERGY II. Public Comments vehicles, and invest in emerging III. Discussion of the Final Rule technologies related to those vehicles, 10 CFR Part 490 A. Existing Definitions qualified alternative fuel infrastructure, 1. Alternative Fuel and qualified alternative fuel non-road [Docket ID No. EERE–2011–OT–0066] 2. Alternative Fueled Vehicle equipment. These allocations impact the RIN 1904–AB81 3. Automobile 4. Dedicated Vehicle Alternative Fuel Transportation Program (AFTP or the Program) under Alternative Fuel Transportation 5. Dual Fueled Vehicle 6. Electric Motor Vehicle and Electric- 10 CFR part 490. Under the Program, Program; Alternative Fueled Vehicle Hybrid Vehicle covered fleets have two avenues for Credit Program Modification and Other 7. Section 133-Identified Vehicles That compliance, Standard Compliance Amendments Already Qualify as AFVs (initiated under the Energy Policy Act of B. New Definitions: EISA Section 133 AGENCY: Department of Energy (DOE). 1992 (EPAct 1992, Pub. L. 102–486)) Vehicles and Investments and Alternative Compliance (an ACTION: Final rule. 1. Fuel Cell Electric Vehicle 2. Hybrid Electric Vehicle optional path provided in the Energy SUMMARY: Pursuant to section 133 of the 3. Medium- or Heavy-Duty Electric Vehicle Policy Act of 2005 (EPAct 2005, Pub. L. Energy Independence and Security Act 4. Neighborhood Electric Vehicle 109–58)). In conjunction with these of 2007 (EISA), DOE is finalizing a rule 5. Plug-In Electric Drive Vehicle allocations required under EISA, DOE is that revises regulations on the 6. Alternative Fuel Infrastructure also finalizing modifications to Alternative Fuel Transportation 7. Alternative Fuel Non-Road Equipment Standard Compliance and Alternative 8. Emerging Technology Program (AFTP or the Program). This Compliance under the Program. C. Allocation of Credit On October 31, 2011, DOE published final rule establishes regulations on the 1. General Basis for Allocations allocation of marketable credits for the the Notice of Proposed Rulemaking 2. Electric Drive Vehicles (NOPR) associated with this final rule acquisition of EISA-specified electric a. Hybrid Electric Vehicles drive vehicles and for investments in b. Plug-In Electric Drive Vehicles (76 FR 67288). The 60-day comment qualified alternative fuel infrastructure, c. Fuel Cell Electric Vehicles period closed on December 30, 2011. qualified alternative fuel non-road d. Neighborhood Electric Vehicles DOE received eight sets of timely equipment, and relevant emerging e. Medium- and Heavy-Duty Electric comments, as discussed in Parts II and technologies. DOE also is promulgating Vehicles III below. 3. Investments The NOPR included a detailed modifications to the exemption process a. Alternative Fuel Infrastructure introduction and background and the Alternative Compliance option, b. Alternative Fuel Non-Road Equipment discussion. To provide a full context for as well as a number of technical and c. Emerging Technology this final action, DOE has chosen to other revisions that will make the 4. Summary of Credit Allocations and restate this background material, with Program regulations clearer. Implementation Requirements appropriate revisions. D. Additional Program Modifications DATES: This final rule is effective on Titles III through V of EPAct 1992, as April 21, 2014. 1. Timeliness of Exemption Request Submittals amended at 42 U.S.C. 13201 et seq., ADDRESSES: DOE established a docket 2. Program Credits and Exemption focus on the replacement of petroleum for this action under Docket ID No. Requests transportation fuels with fuels such as EERE–2011–OT–0066. The docket is 3. Alternative Compliance alternative fuels and conventional/ available for review at http:// 4. Other Regulatory Revisions replacement fuel blends. The provisions www.regulations.gov. All documents in 5. Other Issues in EPAct 1992 encourage the purchase the docket, including Federal Register IV. Compliance and use of replacement fuels, requiring notices, supporting materials, and V. Regulatory Review that certain fleets acquire alternative A. Review Under Executive Order 12866 fueled vehicles (AFVs) as part of their public comments, are listed in the B. Review Under the Regulatory Flexibility docket index. Act annual light duty vehicle (LDV) FOR FURTHER INFORMATION CONTACT: Mr. C. Review Under the Paperwork Reduction acquisitions. Section 301(3) of EPAct Dana V. O’Hara, Office of Energy Act of 1995 1992 (42 U.S.C. 13211(3)) defines the Efficiency and Renewable Energy (EE– D. Review Under the National term ‘‘alternative fueled vehicle’’ as a 2G), U.S. Department of Energy, 1000 Environmental Policy Act ‘‘dedicated [alternative fuel] or dual Independence Avenue SW., E. Review Under Executive Order 12988 fueled vehicle,’’ and sections 501 (42 F. Review Under Executive Order 13132 Washington, DC 20585–0121. U.S.C. 13251) and 507 (42 U.S.C. 13257) G. Review Under the Unfunded Mandates of the statute contain AFV-acquisition Telephone: (202) 586–9171. Email: Reform Act of 1995 [email protected]. mandates for alternative fuel provider H. Review Under the Treasury and General fleets and State fleets, respectively. Mr. Ari Altman, Office of the General Government Appropriations Act, 1999 Counsel (GC–71), U.S. Department of I. Review Under the Treasury and General These fleets may earn credits towards Energy, 1000 Independence Avenue Government Appropriations Act, 2001 their light duty AFV-acquisition SW., Washington, DC 20585–0121. J. Review Under Executive Order 13211 requirements in various ways, as Telephone: (202) 287–6307. Email: K. Congressional Notification provided by section 508 of EPAct 1992 [email protected]. (42 U.S.C. 13258) and the Program I. Introduction and Background regulations at 10 CFR part 490. SUPPLEMENTARY INFORMATION: This notice of final rulemaking Congress has amended the EPAct Table of Contents concludes a regulatory action mandated 1992 fleet program for State and under section 133 of the Energy alternative fuel provider (SFP) fleets I. Introduction and Background Independence and Security Act of 2007 several times. The amendments have A. General B. Current Status of Alternative Fuel (EISA, Pub. L. 110–140). Section 133 allowed covered fleets to earn Transportation Program calls for DOE to allocate credits to additional credits for the use of C. Statutory Authority covered State government and biodiesel in blends of 20 percent 1. EISA alternative fuel provider fleets that biodiesel or greater and have provided 2. Additional Revisions acquire various types of electric drive an alternative compliance option. Note VerDate Mar<15>2010 17:33 Mar 20, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\21MRR2.SGM 21MRR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Rules and Regulations 15883 that upon the creation of the submitting Alternative Compliance that own, operate, lease, or otherwise ‘‘Alternative Compliance’’ option (see waiver applications. Finally, DOE is control 50 or more non-excluded LDVs, discussion in Part II.A), the original making a number of clarifications and at least 20 of which are capable of being program based on AFV acquisitions and revisions to make the AFTP regulations centrally fueled and are used primarily biodiesel use became known as consistent with amendments to EPAct in a metropolitan statistical area (MSA) ‘‘Standard Compliance.’’ Each 1992. or consolidated MSA with a 1980 amendment has allowed the fleets to Census population of more than A. General explore the viability of expanded use of 250,000. AFVs and alternative fuels and thereby The overall objectives of the fleet Consistent with sections 501(a)(5) and promote the use of replacement fuels. programs and other efforts under Titles 507(i)(1) of EPAct 1992, the AFTP For the purposes of EPAct 1992 and III–V of EPAct 1992 are to expand the regulations provide a process through related programs, the terms ‘‘alternative use of alternative fuels and AFVs within which State fleets and alternative fuel fuel’’ and ‘‘replacement fuel’’ both are specified fleets and to replace petroleum provider fleets, respectively, may widely used, but are not with replacement fuels to the request exemptions from the applicable interchangeable. While a more specific ‘‘maximum extent practicable.’’ 1 The AFV-acquisition requirements for a definition of ‘‘alternative fuel’’ is set requirements of Titles III through V of particular model year. All covered fleets forth below, in general, alternative fuels EPAct 1992 focus on particular fleets, may seek an exemption on the basis of include a variety of non-petroleum such as SFP fleets (which are the lack of available AFVs or lack of transportation fuels, as provided in subjects of this rule) and Federal fleets,2 available alternative fuels; State fleets section 301(2) of EPAct 1992. as well as voluntary activities, such as also may seek an exemption on the basis Replacement fuel, as defined in section those implemented under DOE’s Clean of unreasonable financial hardship. 301(14), refers
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