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Notice of Intent To Request Public Comment on Draft Exemption From Historic Preservation Review for Electric Vehicle Supply Equipment Publication: Federal Register Agency: Advisory Council on Historic Preservation Byline: Reid J. Nelson Date: 5 May 2022 Subjects: American Government  , Electric Vehicles, GLAM
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[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Notices]
[Pages 26771-26773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09597]
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
Notice of Intent To Request Public Comment on Draft Exemption
From Historic Preservation Review for Electric Vehicle Supply Equipment
AGENCY: Advisory Council on Historic Preservation.
ACTION: Request for Public Comment on Draft Exemption from Historic
Preservation Review for Electric Vehicle Supply Equipment.
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SUMMARY: The Advisory Council on Historic Preservation (ACHP) proposes
an exemption that would relieve Federal agencies from the requirement
of taking into account the effects of their undertakings on historic
properties that involve the installation of certain electric vehicle
supply equipment (EVSE). The proposed exemption would allow all Federal
agencies to forego the historic preservation review process required
for Federal undertakings and more quickly implement EVSE infrastructure
for the Federal fleet. The public is invited to comment on the draft
exemption before it is finalized and submitted for review and potential
adoption by the ACHP.
DATES: Submit comments on or before June 4, 2022.
ADDRESSES: Address all comments concerning this exemption to Jaime
Loichinger, Assistant Director, Advisory Council on Historic
Preservation, at program_alternatives@achp.gov.
FOR FURTHER INFORMATION CONTACT: Jaime Loichinger, (202) 517-0219,
jloichinger@achp.gov.
SUPPLEMENTARY INFORMATION: Section 106 of the National Historic
Preservation Act, 54 U.S.C. 306108 (Section 106 and NHPA), requires
Federal agencies to consider the effects of their undertakings on
historic properties, and provide the Advisory Council on Historic
Preservation (ACHP) a reasonable opportunity to comment with regard to
such undertakings. Historic properties are those properties that are
listed in the National Register of Historic Places (National Register)
or eligible for such listing.
The NHPA authorizes the ACHP to promulgate regulations for
exempting undertakings from any or all of the requirements of Section
106 (54 U.S.C. 304108(c)). The Section 106 regulations, found at 36 CFR
part 800, detail the process for the approval of such exemptions (36
CFR 800.14(c)).
In accordance with section 800.14(c), the ACHP may approve an
exemption for an undertaking if it finds that: (i) The actions within
the program or category would otherwise qualify as ``undertakings'' as
defined in 36 CFR 800.16; (ii) the potential effects of the
undertakings within the program or category upon historic properties
are foreseeable and likely to be minimal or not adverse; and (iii)
exemption of the program or category is consistent with the purposes of
the NHPA.
I. Background
In 2021, three Executive Orders were issued regarding Federal
vehicle, or fleet, electrification: (1) E.O. 14005, Ensuring the Future
is Made in All of America by All of America's Workers, commits the
Federal government to upgrade the entire Federal fleet to electric
vehicles (EVs); (2) E.O. 14008, Tackling the Climate Crisis at Home and
Abroad, prioritizes the development of a Federal Clean Electricity and
Vehicle Procurement Strategy and directs Federal agencies to upgrade
the entire Federal fleet to EVs; and (3) E.O. 14057, Catalyzing Clean
Energy Industries and Jobs Through Federal Sustainability, sets a goal
of 100 percent zero emission vehicle Federal acquisitions by 2035,
including 100 percent light duty vehicle Federal acquisitions by 2027.
Additionally, the Infrastructure Investment and Jobs Act (IIJA) of 2021
(Pub. L. 117-58, 135 Stat. 429) appropriates $550 billion for new
infrastructure investments. The IIJA includes provisions to increase
investment in electric vehicle supply equipment (EVSE), alternative
fuel infrastructure, EV batteries, electricity grid upgrades, and
light-, medium-, and heavy-duty zero emission vehicles.
Due to these requirements, Federal agencies are anticipated to
propose activities to carry out, license, approve, or fund undertakings
to electrify Federal vehicles and provide electric vehicle supply
equipment (EVSE) that have the potential to affect historic properties
and therefore, require Section 106 review.
An EV produces zero tailpipe emissions, dramatically lowering smog
and greenhouse gas emissions even when considering electricity
generation (EV refers to both Battery Electric Vehicles and Plug-in
Hybrid Electric Vehicles). EVs have the potential to significantly
improve Federal fleet efficiency and reduce vehicle operation and
maintenance costs. EVs require EVSE. Commonly referred to as charging
stations, EVSE is the hardware of the charging infrastructure that
transfers energy to a vehicle. EVSE can be wall- or pole-mounted, co-
located or stand alone, and vary in design, size, charging speed and
energy use.
II. Exemption Concept and Criteria
In considering how to address the anticipated increase in
undertakings as a result of these requirements, the Department of
Homeland Security (DHS) assembled an ad hoc working group of Federal
Preservation Officers (FPOs) to discuss EV priorities and the potential
effects of the EVSE program on historic properties. Through
consultation with fleet technical experts, the working group defined
the undertakings to be addressed by the proposed exemption as the
installation, maintenance, repair, and expansion of Levels 1, 2, and 3
EVSE as defined by the General Services Administration. DHS approached
the ACHP with the concept of the proposed exemption, at which time the
ACHP determined it would avail itself of the regulatory process to
propose the exempted category itself. The government-wide priority for
fleet electrification and EVSE installation merited ACHP coordination
of the proposal to ensure broad and appropriate consultation for an
exemption likely to be applied across multiple Federal agency programs.
The EVSE undertakings would require minimal changes to distinctive
building materials, features, spaces, and spatial relationships,
including landscapes and streetscapes. With few exceptions, these
undertakings include co-location with existing electrical
infrastructure; utilization of existing parking areas and structures;
are incorporated within public transportation rights-of-way
[[Page 26772]]
designs that would be compatible with the architecture, scale, and
design of the facility or surrounding environments; and use reversible,
non-permanent techniques to affix infrastructure. To ensure minimal and
non-adverse effects, the undertakings must utilize the lowest profile
equipment that can supply the charging capacity needed for the
location, be placed in a location that would minimize visual
intrusions, and/or the utility boxes would utilize complementary colors
to ensure minimal effects, for the exemption to apply. EVSE
installation would be undertaken in such a manner that, if removed in
the future, the character-defining form and integrity of an historic
property and its environment would be unimpaired. Due to the types of
undertakings proposed and the conditions to be imposed on the
undertakings, the potential effects would likely be minimal or not
adverse to historic properties.
Consistent with 36 CFR 800.14(c)(1), Section 106 exemptions must
meet certain criteria. The ACHP believes that the proposed exemption,
which appears below, meets these criteria. The exemption aligns with
the NHPA because it reflects an effort to harmonize modernization and
climate change reduction measures with continued use of historic
properties. As described above and in the exemption text, the EVSE will
be restricted to existing footprints, and would use reversible, non-
permanent techniques for installation, where appropriate. As such, the
effects of the proposed undertakings are foreseeable and would be
minimal or not adverse.
III. Public Participation and Consultation
In accordance with 36 CFR 800.14(c)(2), public participation
regarding exemptions must be arranged on a level appropriate to the
subject and scope of the exemption. This notice is intended to meet the
requirement for public participation in the development of this
exemption. Additionally, the ACHP created a dedicated web page for the
proposed exemption and will conduct social media outreach. In
developing this proposed exemption, the ACHP is also consulting
directly with State Historic Preservation Officers, Indian Tribes,
Tribal Historic Preservation Officers, and Native Hawaiian
organizations.
IV. Text of Exemption
The full text of the proposed exemption is reproduced below:
Exemption Regarding Historic Preservation Review Process for
Undertakings Involving Electric Vehicle Supply Equipment
I. Exemption From Section 106 Requirements
Except as noted in Section II, all Federal agencies are exempt from
the Section 106 requirement of taking into account the effects of
undertakings they propose to carry out, license, approve, or fund
activities to install, maintain, repair, or expand EVSE and Level 1, 2,
or 3 charging stations, provided those undertakings take place in
existing parking areas and structures and use reversible, non-permanent
techniques to affix the infrastructure. Agencies must utilize the
lowest profile equipment, place the EVSE in a minimally visibly
intrusive area, and use complementary colors, where possible.
Each Federal agency remains responsible for considering the effects
of its undertakings on historic properties that are not subject to this
exemption, in accordance with subpart B of the Section 106 regulations
or according to an applicable program alternative executed pursuant to
36 CFR 800.14.
II. Undertakings Excluded From Exemption
Undertakings that have the potential to affect historic properties
of religious and cultural significance to Indian tribes or Native
Hawaiian Organizations shall require individual Section 106 review.
III. Application on Tribal Lands
This exemption shall not apply to undertakings proposed to occur on
or affect historic properties located on tribal lands unless the Tribe
has provided prior written notification to the ACHP that it agrees with
the use of the exemption on its tribal lands. Indian Tribes can agree
to such use of the exemption by completing the attached form
(Attachment A), with the signature of the relevant Tribal Historic
Preservation Officer, Indian tribe, or a designated representative of
the tribe, and submitting the completed form to the ACHP. The exemption
would then be applicable to undertakings proposed to occur on or affect
historic properties located on those tribal lands when the ACHP
provides notice on its WEBSITE of such agreement.
IV. Existing Agreements
This exemption is not intended to amend, invalidate, or otherwise
modify Section 106 agreements in existence at the time this exemption
goes into effect.
V. Potential for Termination
The ACHP may terminate this exemption in accordance with 36 CFR
800.14(c)(7) if it determines that the purposes of Section 106 are not
adequately met.
VI. Definitions
The following definitions shall apply to this exemption:
a. ``Section 106'' means Section 106 of the National Historic
Preservation Act (54 U.S.C. 306108) and its implementing regulations at
36 CFR part 800.
b. ``Undertaking'' means a project, activity, or program funded in
whole or in part under the direct or indirect jurisdiction of a Federal
agency, including those carried out by or on behalf of a Federal
agency; those carried out with Federal financial assistance; and those
requiring a Federal permit, license, or approval.
c. ``Electric Vehicle Supply Equipment'' (EVSE) means conductors,
including the ungrounded, grounded, and equipment grounding conductors
and the electric vehicle connectors, attachment plugs, and all other
fittings, devices, power outlets, or apparatus installed specifically
for the purpose of delivering energy from the premises wiring to the
EV. There are three levels of EVSE:
i. Level 1--Refers to a freestanding or wall mounted charging
structure that delivers a 110/120V charge, replenishing an EV battery
at a rate of 4 to 6 miles of range per hour of charging time. Charging
an EV at level 1 typically takes between 7 and 20 hours depending on
the size of the vehicle's battery.
ii. Level 2--Refers to a freestanding or wall mounted charging
structure that delivers a 208/240V charge, replenishing an EV battery
at a rate of 10 to 20 miles of range per hour of charging time.
Charging an EV at level 2 typically takes between 2 and 5 hours
depending on the size of the vehicle's battery.
iii. Level 3 (also known as Direct Current (DC) Fast Charging)--
Usually a freestanding or wall mounted structure capable of being
networked that is designed to charge vehicles more quickly than level I
or level II with an electrical output ranging between 40 kW-120 kW
delivering a charge from 480V or 208V. Converts AC power to DC within
the charging station and deliver DC power directly to the battery. DC
fast charging can typically replenish an EV battery at a rate of 50 to
90 miles of range per 30 minutes of charging time.
d. ``Tribal lands'' means all lands within the exterior boundaries
of any
[[Page 26773]]
Indian reservation and all dependent Indian communities.
Attachment A to the Exemption From Historic Preservation Review for
Electric Vehicle Supply Equipment
The [INSERT NAME OF INDIAN TRIBE] agrees that federal agencies can
utilize the attached Exemption from Historic Preservation Review for
Electric Vehicle Supply Equipment on its Tribal Lands.
Signed by:
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(Signature of Tribal Historic Preservation Officer, Indian tribe, or a
designated representative of the tribe)
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(Printed Name and Title)
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(DATE)
The [INSERT NAME OF INDIAN TRIBE] may discontinue this
authorization at any time by providing written notice to the Advisory
Council on Historic Preservation.
For further information, please contact:
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(Tribal Contact; Name and Contact Information)
(END OF DOCUMENT)
Authority: 36 CFR 800.14(c).
Dated: April 29, 2022.
Reid J. Nelson,
Executive Director, Acting.
[FR Doc. 2022-09597 Filed 5-4-22; 8:45 am]
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