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Development of Guidance for Electric Vehicle Charging Infrastructure Deployment Publication: Federal Register Agency: Federal Highway Administration Byline: Stephanie Pollack Date: 29 November 2021 Subjects: American Government  , Electric Vehicles, Roads & Highways
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[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]
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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).
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[[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 http://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 http://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 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 http://www.regulations.gov using the docket number listed above. Electronic
retrieval help and guidelines are also available at http://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
[[Page 67784]]
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]
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