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Proposed Rules
Federal Register Vol. 86, No. 247
Wednesday, December 29, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF ENERGY
10 CFR Part 474
EERE2021VT0033

Petroleum Equivalence Factor, Notification of Petition for Rulemaking Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Notification of petition for rulemaking; request for comments.
AGENCY:

This document announces receipt of a petition for rulemaking received by the Department of Energy DOE on October 22, 2021, from the Natural Resources Defense Council NRDC and Sierra Club requesting that DOE update its regulations concerning procedures for calculating a value for the petroleum-equivalent fuel economy of electric vehicles EVs for use in the Corporate Average Fuel Economy CAFE program administered by the Department of Transportation DOT.
This document summarizes the substantive aspects of this petition and requests public comments on the merits of the petition.
DATES: DOE will accept comments, data, and information with respect to the NRDC and Sierra Club Petition until February 28, 2022.
ADDRESSES: You may submit comments, identified by docket number EERE
2021VT0033, by the following method:
Federal eRulemaking Portal:
www.regulations.gov. Follow the instructions for submitting comments.
Email: PEFPetition2021VT0033@
ee.doe.gov. Include the docket number and/or RIN in the subject line of the message.
Although DOE has routinely accepted public comment submissions through a variety of mechanisms, including the Federal eRulemaking Portal, postal mail and hand delivery/courier, the Department has found it necessary to make temporary modifications to the comment submission process in light of
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the ongoing coronavirus 2019 COVID
19 pandemic. DOE is currently suspending receipt of public comments via postal mail and hand delivery/
courier. If a commenter finds that this change poses an undue hardship, please contact Vehicle Technologies Program staff to discuss the need for alternative arrangements. Once the COVID19
pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier.
Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/
materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at:
www.regulations.gov/docket/EERE2021-VT-0033.
The docket web page will contain simple instructions on how to access all documents, including public comments, in the docket.
FOR FURTHER INFORMATION CONTACT: Mr.
Kevin Stork, U.S. Department of Energy, Vehicle Technologies Program, EE3V, 1000 Independence Avenue SW, Washington, DC 205850121.
Telephone: 202 5868306. Email:
Kevin.Stork@ee.doe.gov.
Mr. Peter Cochran, U.S. Department of Energy, Office of the General Counsel, GC33, 1000 Independence Avenue SW, Washington, DC 205850103.
Telephone: 202 5869496. Email:
Peter.Cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION: The Administrative Procedure Act APA, 5
U.S.C. 551 et seq., provides, among other things, that each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule. 5 U.S.C. 553e DOE
received a petition for rulemaking from the Natural Resources Defense Council NRDC and Sierra Club requesting that DOE update its regulations at 10 CFR
part 474 concerning procedures for calculating a value for the petroleumequivalent fuel economy of electric vehicles EVs for use in the Corporate Average Fuel Economy program administered by the Department of
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Transportation DOT. DOE last updated the petroleum equivalence factor PEF
for EVs in 2000. 65 FR 36985 June 12, 2000
In their petition, the petitioners propose that DOE should update regulations for calculating the PEF for electric vehicles. Petitioners assert that the data underlying the current regulation are outdated, resulting in higher imputed values of fuel economy for electric vehicles. The petitioners assert that with this higher imputed value, a smaller number of EVs enable fleetwide compliance at lower realworld average fuel economy across an automakers overall fleet. The petitioners assert that the PEF should be based upon statutory factors at 49 U.S.C
32904, rather than the existing regulatory approach based upon 49
U.S.C. 32905. The petitioners request that DOE review the PEF calculation and approach and work with the National Highway Traffic Safety Administration to ensure PEF
regulations support the goals of the CAFE program.
The petition is available in the docket at www.regulations.gov/docket/EERE2021-VT-0033. Through this document, DOE is seeking views on whether it should grant the petition and undertake a rulemaking to update the PEF. By seeking comment on whether to grant this petition, DOE takes no position at this time regarding the merits of the suggested rulemaking or the assertions made by the petitioners.
DOE welcomes comments and views of interested parties on any aspect of the petition for rulemaking and on whether DOE should proceed with the rulemaking.
Submission of Comments DOE invites all interested parties to submit in writing by the date under the DATES heading, comments and information regarding this petition.
Submitting comments via/
www.regulations.gov. The www.regulations.gov web page will require you to provide your name and contact information prior to submitting comments. Your contact information will be viewable to DOE Vehicles Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name if any, and submitter representative name if any.
If your comment is not processed
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