Development of Guidance for Electric Vehicle Charging Infrastructure Deployment, 67782-67785 [2021-25868]
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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices
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regulations. (UP Reply 2–3; AAR Reply
3–6.) 5 AAR, CSXT, and UP contend,
moreover, that the proposed regulations
are unnecessary because carriers have
sufficient incentives to move cars
efficiently, as delayed cars hinder
operations and reduce revenue. (CSXT
Reply 3–4; UP Reply 7–8, Aug. 30, 2021;
AAR Reply 8–9, Aug. 30, 2021.) They
also argue that the proposed regulations
will have a negative impact on the
overall efficiency of the rail network by
incentivizing carriers to move private
freight cars inefficiently to avoid the
charges and by reducing cooperation
between carriers during periods of
network stress. (CSXT Reply 6; UP
Reply 9, Aug. 30, 2021; AAR Reply 16,
Aug. 30, 2021.) Other respondents
contend that the proposed regulations
would provide appropriate financial
incentives for Class I carriers to use
private freight cars more efficiently,
(NCTA Reply 1–2; PRFBA Reply 1;
FRCA Reply 1), and offer reciprocity for
demurrage charges (ISRI Reply 4; NACD
Reply 1; AFPM Reply 2; COPA Reply 1–
2). Furthermore, Joint Shippers ask the
Board to solicit comments on how the
proposed regulations would be
implemented, including whether
carriers would be responsible for
monitoring private freight car delays
and crediting amounts owed under the
proposed regulations against their
demurrage invoices. (Joint Shippers
Reply 5.)
Petitioners’ proposal and the
responses to date raise important issues
of interest to the Board. Therefore, to
further consider Petitioners’ proposal
and the responses, the Board will open
a proceeding. Procedures for further
public comment will be established in
a subsequent decision.
It is ordered:
1. Petitioners’ motion for leave to file
a surreply is granted.
2. Petitioners’ petition is granted to
the extent that it requests that the Board
open a proceeding.
3. Notice of this decision will be
published in the Federal Register.
4. This decision is effective on its
service date.
Decided: November 22, 2021.
By the Board, Board Members Begeman,
Fuchs, Oberman, Primus, and Schultz.
Eden Besera,
Clearance Clerk.
[FR Doc. 2021–25916 Filed 11–26–21; 8:45 am]
BILLING CODE 4915–01–P
5 Additionally, CSXT states that it joins AAR’s
comments. (CSXT Reply 2.)
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2013–0259–2245]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: FAA Aircraft
Noise Complaint and Inquiry System
(Noise Portal)
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The FAA Regional
Administrators’ Offices and the FAA
Noise Ombudsman will use the
information voluntarily reported, on the
occasion of a complaint, by the public
in the FAA Noise Portal to prepare
responses to their noise complaints or
inquiries. The required FAA Noise
Portal fields represent the minimum
amount of information the FAA needs to
address the public’s noise complaint or
question and includes: Name, email,
address or cross street and a description
of the noise complaint or inquiry. It is
important to know the person’s name
and email address to respond and track
the complaint. The FAA will not
respond to the same complaint from the
same person more than once. The
address or cross street is needed for the
FAA to determine potential sources of
the aircraft noise issues as most people
complain about aircraft in the vicinity of
their residence. The description is used
to provide additional details for the
FAA to better address the complaint or
question.
DATES: Written comments should be
submitted by December 29, 2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Idurre L. Isasa-Cowan by email at:
durre.cowan@faa.gov.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
SUMMARY:
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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: 2120–0773.
Title: FAA Aircraft Noise Complaint
and Inquiry System (Noise Portal).
Form Numbers: None.
Type of Review: Renewal of an
information collection.
Background: Although the FAA
already receives aircraft noise
complaints and inquiries from the
public, the FAA’s voluntary collection
of the information from the public
invokes the PRA process. The FAA must
receive approval from the Office of
Management and Budget (OMB) to
collect the information in the Noise
Portal. The FAA will summarize the
public comments from the 60-day
comment period (February 1, 2021 to
April 2, 2021), and address these in a
30-day Federal Register notice inviting
further comments. OMB has 60-days
from the date of the 30-day notice to
approve the FAA’s voluntary collection
of information in the Noise Portal. We
expect the entire process will be
completed by March 2022.
Respondents: The public.
Frequency: As needed.
Estimated Average Burden per
Response: 15 minutes.
Estimated Total Annual Burden:
11,250 hours.
Issued in Washington, DC, on November
23, 2021.
Idurre L. Isasa-Cowan,
Community Engagement Officer, FAA Office
of the Environment and Energy (AEE).
[FR Doc. 2021–25944 Filed 11–26–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2021–0022]
Development of Guidance for Electric
Vehicle Charging Infrastructure
Deployment
Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice; request for information
(RFI).
AGENCY:
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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices
The recently enacted
Bipartisan Infrastructure Law invests in
the deployment of electric vehicle (EV)
charging infrastructure as one of many
important ways to confront the climate
crisis. Through a National Electric
Vehicle Formula Program (EV Charging
Program), the law provides funding to
States to strategically deploy EV
charging infrastructure and to establish
an interconnected network to facilitate
data collection, access, and reliability.
The law also establishes a discretionary
grant program for Charging and Fueling
Infrastructure (Charging and Fueling
Infrastructure Program) to strategically
deploy publicly accessible EV charging
infrastructure and hydrogen, propane,
and natural gas fueling infrastructure
along designated alternative fuel
corridors or in certain other locations
that are accessible to all drivers of such
vehicles. The law directs DOT, in
coordination or consultation with the
Department of Energy (DOE), to develop
guidance for both programs. Through
this notice, FHWA invites public
comments to inform the development of
the guidance. FHWA is especially
interested in comments suggesting ways
that the guidance could promote equity
in the deployment of EV charging
infrastructure under these programs.
DATES: Comments would be most useful
if they are received on or before January
28, 2022 to allow for their consideration
during development of the EV Charging
Program guidance. FHWA will consider
comments received after the due date to
the extent practicable.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit comments by only one of
the following means:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001;
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except
Federal holidays. The telephone number
is (202) 366–9329;
• Instructions: You must include the
agency name and docket number at the
beginning of your comments. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Kerry Rodgers, Office of the Chief
Counsel, (202) 366–1376, or via email at
kerry.rodgers@dot.gov. FHWA is located
at 1200 New Jersey Avenue SE,
Washington, DC 20590. Office hours are
from 8:00 a.m. to 4:30 p.m. e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
A copy of this Notice, all comments
received on this Notice, and all
background material may be viewed
online at https://www.regulations.gov
using the docket number listed above.
Electronic retrieval help and guidelines
are also available at https://
www.regulations.gov. An electronic
copy of this document also may be
downloaded from the Office of the
Federal Register’s website at
www.FederalRegister.gov and the
Government Publishing Office’s website
at www.GovInfo.gov.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this RFI
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this RFI, it is important
that you clearly designate the submitted
comments as CBI. Pursuant to 49 CFR
190.343, you may ask FHWA to give
confidential treatment to information
you give to the Agency by taking the
following steps: (1) Mark each page of
the original document submission
containing CBI as ‘‘Confidential’’; (2)
send FHWA, along with the original
document, a second copy of the original
document with the CBI deleted; and (3)
explain why the information you are
submitting is CBI. Unless you are
notified otherwise, FHWA will treat
such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this RFI. Submissions containing CBI
should be sent to Kerry Rodgers, FHWA
Office of the Chief Counsel, 1200 New
Jersey Avenue SE, Washington, DC
20590. Any comment submissions that
FHWA receives that are not specifically
designated as CBI will be placed in the
public docket for this matter.
Background
The Bipartisan Infrastructure Law,
enacted as the Infrastructure Investment
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67783
and Jobs Act (IIJA), Public Law 117–58
(Nov. 15, 2021), includes important new
programs to address climate change by
reducing carbon emissions. Among
these programs is a national EV
Charging Program to provide funding
that FHWA shall distribute among the
States to strategically deploy EV
charging infrastructure and to establish
an interconnected network to facilitate
data collection, access, and reliability.
Funds must be used for: (1) The
acquisition and installation of EV
charging infrastructure to serve as a
catalyst for the deployment of such
infrastructure and to connect it to a
network to facilitate data collection,
access, and reliability; (2) proper
operation and maintenance of EV
charging infrastructure; and (3) data
sharing about EV charging infrastructure
to ensure the long-term success of
investments made under the program.
The Federal share payable for projects
funded under the EV Charging Program
is 80 percent. EV Charging Program
funds may be used to contract with a
private entity for acquisition and
installation of publicly accessible EV
charging infrastructure, and the private
entity may pay the non-Federal share of
the project cost. However, funds must
be used for projects directly related to
vehicle charging and only for EV
charging infrastructure that is open to
the general public or to authorized
commercial motor vehicle operators
from more than one company. Further,
any EV charging infrastructure acquired
or installed with program funds must be
located along a designated alternative
fuel corridor, unless a State determines,
and the Secretary of Transportation
(Secretary) certifies, that the designated
alternative fuel corridors in the State are
fully built out. In that case, the State
could use the funds for EV charging
infrastructure on any public road or in
other publicly accessible locations.
The Bipartisan Infrastructure Law also
requires that a State, by a deadline to be
set by DOT, provide a plan to DOT
describing how the State intends to use
the funds it receives under the EV
Charging Program for each fiscal year in
which funds are made available. No
later than 120 days after the deadline for
submittal of the State plans, DOT is
required to issue a publicly available
report on its website summarizing each
State plan submitted and assessing how
the State plans to make progress
towards the establishment of a national
EV charging infrastructure network. If a
State fails to submit the required plan,
or if DOT determines that a State has
not taken action to carry out its plan,
DOT may, as applicable, withhold or
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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices
withdraw funds made available under
the EV Charging Program for the fiscal
year after providing notice to and
consulting with the State and providing
an opportunity for the State to address
any concerns and implement its plan or
to appeal DOT’s decision to withhold or
withdraw funds. In such situations,
DOT may award such funds on a
competitive basis to local jurisdictions
within the State for use on projects that
meet the EV Charging Program’s
eligibility requirements. If DOT
determines that such withheld or
withdrawn funds cannot be fully
awarded to local jurisdictions within
the State, DOT is required to distribute
any remaining funds among other States
that have not had funds withheld or
withdrawn under the program as the
law provides.
Another new program is the Charging
and Fueling Infrastructure Program, a
competitive grant program to
strategically deploy publicly accessible
EV charging infrastructure and
hydrogen, propane, and natural gas
fueling infrastructure (eligible fueling
infrastructure) along designated
alternative fuel corridors or in certain
other locations that are accessible to all
drivers of such vehicles. Through this
program for corridor and community
charging, the Secretary will award
grants to eligible entities that include
States or political subdivisions,
metropolitan planning organizations,
local governments, special purpose
districts or public authorities with a
transportation function, Indian tribes,
U.S. territories, authorities or agencies
owned by one or more of these eligible
entities, or groups of eligible entities.
Eligible entities must use grants to
contract with a private entity for
acquisition and installation of publicly
accessible EV charging infrastructure or
eligible fueling infrastructure that is
directly related to vehicle charging or
fueling. Publicly accessible EV charging
infrastructure or eligible fueling
infrastructure installed with grants
under this program must be located
along a designated alternative fuel
corridor, except in the case of the
community grants described below.
The Bipartisan Infrastructure Law
requires that the Secretary reserve 50
percent of the amounts made available
each fiscal year to carry out the
Charging and Fueling Infrastructure
Program to provide community grants to
eligible entities. Eligible entities include
those previously described and State or
local authorities that own publicly
accessible transportation facilities. The
Secretary may award community grants
for projects that are expected to reduce
greenhouse gas emissions and to expand
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or fill gaps in access to publicly
accessible EV charging infrastructure or
eligible fueling infrastructure, including
certain development phase activities
and the acquisition or installation of
such infrastructure that is directly
related to vehicle charging or fueling,
including any related construction or
reconstruction and the acquisition of
real property directly related to the
project. Projects that receive community
grants may be located on any public
road or in other publicly accessible
locations such as parking facilities at
public buildings, public schools, and
public parks, or in publicly accessible
parking facilities owned or managed by
a private entity.
The law requires the Secretary, in
awarding community grants, to give
priority to projects that expand access to
EV charging and eligible fueling
infrastructure in rural areas, low- and
moderate-income neighborhoods, and
communities with a low ratio of private
parking spaces to households or a high
ratio of multi-unit dwellings to single
family homes. The Secretary also must
consider the extent to which a project
contributes to geographic diversity
among eligible entities, including a
balance between urban and rural
communities, and meets current or
anticipated market demands for
charging or fueling infrastructure.
The Federal share of the cost of a
project carried out with a grant under
the Charging and Fueling Infrastructure
Program shall not exceed 80 percent of
the total project cost. Projects carried
out under the program are treated as
projects on a Federal-aid highway and
are subject to certain other
requirements.
Development of Guidance
The Bipartisan Infrastructure Law
directs DOT, in coordination with DOE
and within 90 days of the law’s
enactment, to develop guidance for
States and localities to strategically
deploy EV charging infrastructure
through the EV Charging Program, based
on the consideration of nine factors. The
law also directs DOT, during the
redesignation of alternative fuel
corridors under 23 U.S.C. 151, to issue
a report that summarizes best practices
and provides guidance, developed
through consultation with DOE, for
project development of EV charging
infrastructure and hydrogen, propane,
and natural gas fueling infrastructure at
the State, Tribal, and local levels to
allow for the predictable deployment of
that infrastructure. The guidance we
develop also may be relevant to EV
charging infrastructure that receives
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funding from other Federal funding
sources.
Request for Comments and Information
As we begin to develop the guidance
for the EV Charging Program and for
project development of EV charging
infrastructure, and we prepare to
implement the Charging and Fueling
Infrastructure Program, FHWA requests
comments and information from the
public. In particular, FHWA requests
comments to inform its development of
the statutorily required EV Charging
Program guidance. Please indicate in
your written comments the number(s) of
the considerations(s) you are
commenting on and provide specific
examples or information to illustrate
your comments where possible. The
statutory considerations for the EV
Charging Program are:
1. The distance between publicly
available EV charging infrastructure;
2. Connections to the electric grid,
including electric distribution upgrades;
vehicle-to-grid integration, including
smart charge management or other
protocols that can minimize impacts to
the grid; alignment with electric
distribution interconnection processes,
and plans for the use of renewable
energy sources to power charging and
energy storage;
3. The proximity of existing offhighway travel centers, fuel retailers,
and small businesses to EV charging
infrastructure acquired or funded under
the Program;
4. The need for publicly available EV
charging infrastructure in rural corridors
and underserved or disadvantaged
communities;
5. The long-term operation and
maintenance of publicly available EV
charging infrastructure to avoid
stranded assets and protect the
investment of public funds in that
infrastructure;
6. Existing private, national, State,
local, Tribal, and territorial government
EV charging infrastructure programs and
incentives;
7. Fostering enhanced, coordinated,
public-private or private investment in
EV charging infrastructure;
8. Meeting current and anticipated
market demands for EV charging
infrastructure, including with regard to
power levels and charging speed, and
minimizing the time to charge current
and anticipated vehicles; and
9. Any other factors, as determined by
the Secretary.
In connection with question 9, please
describe any other factors that you
suggest that we consider in developing
the EV Charging Program guidance.
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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices
FHWA also requests comments to
inform the implementation of the
Charging and Fueling Infrastructure
Program to provide discretionary grants
for corridor and community charging.
Specifically:
10. Please provide examples of best
practices relating to project
development of EV charging
infrastructure and hydrogen, propane,
and natural gas fueling infrastructure at
the State, Tribal, and local levels.
11. What topics do you suggest that
we address in guidance on project
development of EV charging
infrastructure and hydrogen, propane,
and natural gas fueling infrastructure at
the State, Tribal, and local levels to
allow for the predictable deployment of
that infrastructure?
12. Please provide any suggestions to
inform the administration of
competitive grants under the Charging
and Fueling Infrastructure Program for
corridor and community charging.
Authority: Public Law 117–58; 49 CFR
1.81.
Signed in Washington, DC.
Stephanie Pollack,
Deputy Administrator, Federal Highway
Administration.
[FR Doc. 2021–25868 Filed 11–26–21; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
notice announces the Department of
Transportation’s intention to reinstate
an OMB control number for an online
complaint form by which a consumer
can electronically submit a servicerelated complaint against an airline and
other sellers of air transportation.
DATES: Comments on this notice must be
received by January 28, 2022.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit them by only one of the
following means:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments;
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, West Building
Ground Floor, Room W–12/140,
Washington, DC 20590–0001; or
• Hand Delivery: West Building
Ground Floor, Room W–12/140, 1200
New Jersey Ave. SE, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
FOR FURTHER INFORMATION CONTACT:
Daeleen Chesley, Office of the Secretary,
Office of Aviation Consumer Protection
(C–70), U.S. Department of
Transportation, 1200 New Jersey Ave.
SE, Washington, DC 20590, 202 366–
6792 (voice) or at Daeleen.Chesley@
dot.gov.
SUPPLEMENTARY INFORMATION:
[OST Docket No. DOT–OST–2011–0022]
Notice of Submission of Proposed
Information Collection to OMB Agency
Request for Reinstatement of a
Previously Approved Collection:
Online Complaint Form for ServiceRelated Issues in Air Transportation
Office of the Secretary,
Department of Transportation.
ACTION: Notice and request for
comments; reinstatement of an OMB
control number.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995 this
SUMMARY:
OMB Control Number: 2105–0568.
Title: Reinstatement of Office of
Aviation Consumer Protection Online
Complaint Form.
Abstract: The Department of
Transportation’s (Department) Office of
Aviation Consumer Protection (OACP,
formerly the Office of Aviation
Enforcement and Proceedings) has
broad authority under 49 U.S.C., subtitle
VII, to investigate and enforce consumer
protection and civil rights laws and
regulations related to air transportation.
OACP monitors compliance with and
investigates violations of the
Department of Transportation’s aviation
Total number
of complaints
filed
Calendar year
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economic, consumer protection, and
civil rights requirements.
Among other things, the office is
responsible for receiving and
investigating service-related consumer
complaints filed against airlines and
other sellers of air transportation. Once
received, the complaints are reviewed
by the office to determine the extent to
which these entities comply with
federal aviation consumer protection
and civil rights laws and what, if any,
action should be taken.
This request is to enable consumers to
continue to submit comments, including
complaints, to the Department using an
online form, whether via their personal
computer or on a mobile/electronic
device. If the online comment form is
not available, the Department may
receive fewer complaints/comments
from consumers. The lack of consumerdriven information could inhibit the
office’s ability to effectively investigate
both individual complaints against
airlines and other sellers of air
transportation. It would also impact
OACP’s ability to become aware of
patterns and practices that may develop
in violation of our rules. The
information collection continues to
further the objectives of 49 U.S.C.
41712, 40101, 40127, 41702, and 41705
to protect consumers from unfair or
deceptive practices, to protect the civil
rights of air travelers, and to ensure safe
and adequate service in air
transportation.
Filing a complaint using a web-based
form is voluntary and minimizes the
burden on respondents when compared
with other methods of submitting
complaints. In recent years, consumers
have submitted the vast majority of
complaints online versus contacting the
Department using regular mail or
telephone. Approximately ninety
percent of the submissions received by
OACP during calendar years (CYs) 2017
through 2019 were filed using the webbased form as shown in the table
below.1
Total number
of complaints
filed online
Percentage of
complaints
filed online
2017 .............................................................................................................................................
2018 .............................................................................................................................................
2019 .............................................................................................................................................
18,155
15,546
15,342
16,067
13,964
14,107
89
90
92
Average Total per Year (above) ...........................................................................................
16,348
14,713
90
1 In 2020, the Department received an unusually
high number (100,613) of online submissions to our
office, primarily complaints, largely due to flight
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cancellations and refund issues that resulted from
the Covid–19 pandemic. Using the average number
of submissions from the three previous CYs more
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accurately reflects the annual number of
submissions received by our office historically.
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]]>Agencies
[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67782-67785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25868]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2021-0022]
Development of Guidance for Electric Vehicle Charging
Infrastructure Deployment
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice; request for information (RFI).
-----------------------------------------------------------------------
[[Page 67783]]
SUMMARY: The recently enacted Bipartisan Infrastructure Law invests in
the deployment of electric vehicle (EV) charging infrastructure as one
of many important ways to confront the climate crisis. Through a
National Electric Vehicle Formula Program (EV Charging Program), the
law provides funding to States to strategically deploy EV charging
infrastructure and to establish an interconnected network to facilitate
data collection, access, and reliability. The law also establishes a
discretionary grant program for Charging and Fueling Infrastructure
(Charging and Fueling Infrastructure Program) to strategically deploy
publicly accessible EV charging infrastructure and hydrogen, propane,
and natural gas fueling infrastructure along designated alternative
fuel corridors or in certain other locations that are accessible to all
drivers of such vehicles. The law directs DOT, in coordination or
consultation with the Department of Energy (DOE), to develop guidance
for both programs. Through this notice, FHWA invites public comments to
inform the development of the guidance. FHWA is especially interested
in comments suggesting ways that the guidance could promote equity in
the deployment of EV charging infrastructure under these programs.
DATES: Comments would be most useful if they are received on or before
January 28, 2022 to allow for their consideration during development of
the EV Charging Program guidance. FHWA will consider comments received
after the due date to the extent practicable.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit comments by only one of the following means:
Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001;
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m. e.t., Monday through Friday, except Federal holidays. The
telephone number is (202) 366-9329;
Instructions: You must include the agency name and docket
number at the beginning of your comments. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Kerry Rodgers, Office of the Chief
Counsel, (202) 366-1376, or via email at [email protected]. FHWA is
located at 1200 New Jersey Avenue SE, Washington, DC 20590. Office
hours are from 8:00 a.m. to 4:30 p.m. e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
A copy of this Notice, all comments received on this Notice, and
all background material may be viewed online at https://www.regulations.gov using the docket number listed above. Electronic
retrieval help and guidelines are also available at https://www.regulations.gov. An electronic copy of this document also may be
downloaded from the Office of the Federal Register's website at
www.FederalRegister.gov and the Government Publishing Office's website
at www.GovInfo.gov.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this RFI contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this RFI, it is important that you
clearly designate the submitted comments as CBI. Pursuant to 49 CFR
190.343, you may ask FHWA to give confidential treatment to information
you give to the Agency by taking the following steps: (1) Mark each
page of the original document submission containing CBI as
``Confidential''; (2) send FHWA, along with the original document, a
second copy of the original document with the CBI deleted; and (3)
explain why the information you are submitting is CBI. Unless you are
notified otherwise, FHWA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this RFI. Submissions containing CBI should be sent to Kerry
Rodgers, FHWA Office of the Chief Counsel, 1200 New Jersey Avenue SE,
Washington, DC 20590. Any comment submissions that FHWA receives that
are not specifically designated as CBI will be placed in the public
docket for this matter.
Background
The Bipartisan Infrastructure Law, enacted as the Infrastructure
Investment and Jobs Act (IIJA), Public Law 117-58 (Nov. 15, 2021),
includes important new programs to address climate change by reducing
carbon emissions. Among these programs is a national EV Charging
Program to provide funding that FHWA shall distribute among the States
to strategically deploy EV charging infrastructure and to establish an
interconnected network to facilitate data collection, access, and
reliability. Funds must be used for: (1) The acquisition and
installation of EV charging infrastructure to serve as a catalyst for
the deployment of such infrastructure and to connect it to a network to
facilitate data collection, access, and reliability; (2) proper
operation and maintenance of EV charging infrastructure; and (3) data
sharing about EV charging infrastructure to ensure the long-term
success of investments made under the program. The Federal share
payable for projects funded under the EV Charging Program is 80
percent. EV Charging Program funds may be used to contract with a
private entity for acquisition and installation of publicly accessible
EV charging infrastructure, and the private entity may pay the non-
Federal share of the project cost. However, funds must be used for
projects directly related to vehicle charging and only for EV charging
infrastructure that is open to the general public or to authorized
commercial motor vehicle operators from more than one company. Further,
any EV charging infrastructure acquired or installed with program funds
must be located along a designated alternative fuel corridor, unless a
State determines, and the Secretary of Transportation (Secretary)
certifies, that the designated alternative fuel corridors in the State
are fully built out. In that case, the State could use the funds for EV
charging infrastructure on any public road or in other publicly
accessible locations.
The Bipartisan Infrastructure Law also requires that a State, by a
deadline to be set by DOT, provide a plan to DOT describing how the
State intends to use the funds it receives under the EV Charging
Program for each fiscal year in which funds are made available. No
later than 120 days after the deadline for submittal of the State
plans, DOT is required to issue a publicly available report on its
website summarizing each State plan submitted and assessing how the
State plans to make progress towards the establishment of a national EV
charging infrastructure network. If a State fails to submit the
required plan, or if DOT determines that a State has not taken action
to carry out its plan, DOT may, as applicable, withhold or
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withdraw funds made available under the EV Charging Program for the
fiscal year after providing notice to and consulting with the State and
providing an opportunity for the State to address any concerns and
implement its plan or to appeal DOT's decision to withhold or withdraw
funds. In such situations, DOT may award such funds on a competitive
basis to local jurisdictions within the State for use on projects that
meet the EV Charging Program's eligibility requirements. If DOT
determines that such withheld or withdrawn funds cannot be fully
awarded to local jurisdictions within the State, DOT is required to
distribute any remaining funds among other States that have not had
funds withheld or withdrawn under the program as the law provides.
Another new program is the Charging and Fueling Infrastructure
Program, a competitive grant program to strategically deploy publicly
accessible EV charging infrastructure and hydrogen, propane, and
natural gas fueling infrastructure (eligible fueling infrastructure)
along designated alternative fuel corridors or in certain other
locations that are accessible to all drivers of such vehicles. Through
this program for corridor and community charging, the Secretary will
award grants to eligible entities that include States or political
subdivisions, metropolitan planning organizations, local governments,
special purpose districts or public authorities with a transportation
function, Indian tribes, U.S. territories, authorities or agencies
owned by one or more of these eligible entities, or groups of eligible
entities. Eligible entities must use grants to contract with a private
entity for acquisition and installation of publicly accessible EV
charging infrastructure or eligible fueling infrastructure that is
directly related to vehicle charging or fueling. Publicly accessible EV
charging infrastructure or eligible fueling infrastructure installed
with grants under this program must be located along a designated
alternative fuel corridor, except in the case of the community grants
described below.
The Bipartisan Infrastructure Law requires that the Secretary
reserve 50 percent of the amounts made available each fiscal year to
carry out the Charging and Fueling Infrastructure Program to provide
community grants to eligible entities. Eligible entities include those
previously described and State or local authorities that own publicly
accessible transportation facilities. The Secretary may award community
grants for projects that are expected to reduce greenhouse gas
emissions and to expand or fill gaps in access to publicly accessible
EV charging infrastructure or eligible fueling infrastructure,
including certain development phase activities and the acquisition or
installation of such infrastructure that is directly related to vehicle
charging or fueling, including any related construction or
reconstruction and the acquisition of real property directly related to
the project. Projects that receive community grants may be located on
any public road or in other publicly accessible locations such as
parking facilities at public buildings, public schools, and public
parks, or in publicly accessible parking facilities owned or managed by
a private entity.
The law requires the Secretary, in awarding community grants, to
give priority to projects that expand access to EV charging and
eligible fueling infrastructure in rural areas, low- and moderate-
income neighborhoods, and communities with a low ratio of private
parking spaces to households or a high ratio of multi-unit dwellings to
single family homes. The Secretary also must consider the extent to
which a project contributes to geographic diversity among eligible
entities, including a balance between urban and rural communities, and
meets current or anticipated market demands for charging or fueling
infrastructure.
The Federal share of the cost of a project carried out with a grant
under the Charging and Fueling Infrastructure Program shall not exceed
80 percent of the total project cost. Projects carried out under the
program are treated as projects on a Federal-aid highway and are
subject to certain other requirements.
Development of Guidance
The Bipartisan Infrastructure Law directs DOT, in coordination with
DOE and within 90 days of the law's enactment, to develop guidance for
States and localities to strategically deploy EV charging
infrastructure through the EV Charging Program, based on the
consideration of nine factors. The law also directs DOT, during the
redesignation of alternative fuel corridors under 23 U.S.C. 151, to
issue a report that summarizes best practices and provides guidance,
developed through consultation with DOE, for project development of EV
charging infrastructure and hydrogen, propane, and natural gas fueling
infrastructure at the State, Tribal, and local levels to allow for the
predictable deployment of that infrastructure. The guidance we develop
also may be relevant to EV charging infrastructure that receives
funding from other Federal funding sources.
Request for Comments and Information
As we begin to develop the guidance for the EV Charging Program and
for project development of EV charging infrastructure, and we prepare
to implement the Charging and Fueling Infrastructure Program, FHWA
requests comments and information from the public. In particular, FHWA
requests comments to inform its development of the statutorily required
EV Charging Program guidance. Please indicate in your written comments
the number(s) of the considerations(s) you are commenting on and
provide specific examples or information to illustrate your comments
where possible. The statutory considerations for the EV Charging
Program are:
1. The distance between publicly available EV charging
infrastructure;
2. Connections to the electric grid, including electric
distribution upgrades; vehicle-to-grid integration, including smart
charge management or other protocols that can minimize impacts to the
grid; alignment with electric distribution interconnection processes,
and plans for the use of renewable energy sources to power charging and
energy storage;
3. The proximity of existing off-highway travel centers, fuel
retailers, and small businesses to EV charging infrastructure acquired
or funded under the Program;
4. The need for publicly available EV charging infrastructure in
rural corridors and underserved or disadvantaged communities;
5. The long-term operation and maintenance of publicly available EV
charging infrastructure to avoid stranded assets and protect the
investment of public funds in that infrastructure;
6. Existing private, national, State, local, Tribal, and
territorial government EV charging infrastructure programs and
incentives;
7. Fostering enhanced, coordinated, public-private or private
investment in EV charging infrastructure;
8. Meeting current and anticipated market demands for EV charging
infrastructure, including with regard to power levels and charging
speed, and minimizing the time to charge current and anticipated
vehicles; and
9. Any other factors, as determined by the Secretary.
In connection with question 9, please describe any other factors
that you suggest that we consider in developing the EV Charging Program
guidance.
[[Page 67785]]
FHWA also requests comments to inform the implementation of the
Charging and Fueling Infrastructure Program to provide discretionary
grants for corridor and community charging. Specifically:
10. Please provide examples of best practices relating to project
development of EV charging infrastructure and hydrogen, propane, and
natural gas fueling infrastructure at the State, Tribal, and local
levels.
11. What topics do you suggest that we address in guidance on
project development of EV charging infrastructure and hydrogen,
propane, and natural gas fueling infrastructure at the State, Tribal,
and local levels to allow for the predictable deployment of that
infrastructure?
12. Please provide any suggestions to inform the administration of
competitive grants under the Charging and Fueling Infrastructure
Program for corridor and community charging.
Authority: Public Law 117-58; 49 CFR 1.81.
Signed in Washington, DC.
Stephanie Pollack,
Deputy Administrator, Federal Highway Administration.
[FR Doc. 2021-25868 Filed 11-26-21; 8:45 am]
BILLING CODE 4910-22-P
