[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Proposed Rules]
[Pages 37262-37280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12704]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 680
[Docket No. FHWA-2022-0008]
RIN 2125-AG10
National Electric Vehicle Infrastructure Formula Program
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: The FHWA proposes to establish regulations setting minimum
standards and requirements for projects funded under the National
Electric Vehicle Infrastructure (NEVI) Formula Program and projects for
the construction of publicly accessible electric vehicle (EV) chargers
under certain statutory authorities. The standards and requirements
proposed would apply to the installation, operation, or maintenance of
EV charging infrastructure; the interoperability of EV charging
infrastructure; traffic control device or on-premises signage acquired,
installed, or operated in concert with EV charging infrastructure;
data, including the format and schedule for the submission of such
data; network connectivity of EV charging infrastructure; and
information on publicly available EV charging infrastructure locations,
pricing, real-time availability, and accessibility through mapping
applications.
DATES: Comments must be received on or before August 22, 2022.
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, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The telephone number is (202)
366-9329.
All submissions should include the agency name and the docket
number that appears in the heading of this document or the Regulation
Identifier Number (RIN) for the rulemaking. All comments received will
be posted without change to https://www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Jensen, Office of Natural
Environment, (202) 366-2048, or via email at dot.gov">Gary.Jensen@dot.gov, or
Ms. Dawn Horan, Office of the Chief Counsel (HCC-30), (202) 366-9615,
or via email at dot.gov">Dawn.M.Horan@dot.gov. Office hours are from 8 a.m. to
4:30 p.m., E.T., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document and all comments received may be viewed online
through the Federal eRulemaking portal at www.regulations.gov using the
docket number listed above. Electronic retrieval help and guidelines
are also available at www.regulations.gov. An electronic copy of this
document may also 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.
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket at the above address. Comments received
after the comment closing date will be filed in the docket and will be
considered to the extent practicable. In addition to late comments,
FHWA will also continue to file relevant information in the docket as
it becomes available after the comment period closing date and
interested persons should continue to examine the docket for new
material. A final rule may be published at any time after close of the
comment period and after FHWA has had the opportunity to review the
comments submitted.
Executive Summary
The FHWA proposes to establish regulations that would set minimum
standards and requirements for projects funded under the NEVI Formula
Program and projects for the construction of publicly accessible EV
chargers funded under title 23, United States Code.\1\ The FHWA is
directed by Paragraph (2) under the Highway Infrastructure Program
heading in title VIII of division J of the Bipartisan
[[Page 37263]]
Infrastructure Law (BIL) (enacted as the Infrastructure Investment and
Jobs Act) (Pub. L. 117-58) (Nov. 15, 2021) to create minimum standards
and requirements for NEVI-funded projects. As outlined in statute, the
purpose of the NEVI Formula Program is to ``provide funding to States
to strategically deploy EV charging infrastructure and to establish an
interconnected network to facilitate data collection, access, and
reliability.'' This purpose would be satisfied by creating a
convenient, affordable, reliable, and equitable network of chargers
throughout the country. Currently, there are no national standards for
the installation, operation, or maintenance of EV charging stations,
and wide disparities exists among EV charging stations in key
components, such as operational practices, payment methods, site
organization, display of price to charge, speed and power of chargers,
and information communicated about the availability and functioning of
each charging station. The FHWA is directed by Section 11129 of BIL,
which amends 23 U.S.C. 109, by adding a requirement that EV charging
station standards apply to all projects that install EV charging
infrastructure using funds provided under title 23, United States Code.
This proposed rule does not conflict with or supersede other title 23,
United States Code statutory requirements or their implementing
regulations. This regulation would enable States to implement
federally-funded charging station projects in a standardized fashion
across a national EV charging network that can be utilized by all EVs
regardless of vehicle brand. Such standards would provide consumers
with reliable expectations for travel in an electric vehicle across and
throughout the United States and support a national workforce skilled
and trained in EVSE installation and maintenance.
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\1\ Refer to ``DOT Funding and Financing Programs with EV
Eligibilities'' chart on pages 10-11 in the NEVI Formula Program
Guidance, found at: https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf.
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The BIL specifically required that minimum standards and
requirements be developed related to six areas:
(1) Installation, operation, and maintenance by qualified
technicians of EV infrastructure.
The FHWA proposes to require general consistency with regard to the
installation, operation, and maintenance and technician qualifications
of the NEVI Formula Program projects and projects for the construction
of publicly accessible EV chargers that are funded under title 23,
United States Code. In terms of standards for the installation,
operation, and maintenance of EVSE, charging stations would be required
to contain a minimum number and type of chargers capable of supplying
electrical charge through prescribed standard charging ports. This
regulation would further specify the required minimum density of
provided chargers, payment methods, and requirements for customer
support services. In terms of technician qualifications, the guidance
would provide minimum skill, training, and certification standards for
technicians installing, operating, and maintaining EVSE to ensure
consistency around quality installation and safety across the network.
These proposed requirements would provide the traveling public with
reliable expectations for their EV charging experience anywhere that
NEVI Formula funds or title 23, United States Code funds are used to
construct EV charging infrastructure. In addition to proposed
requirements that would be customer-facing, a series of additional
proposed requirements would provide less visible, yet critical,
standardization and uniformity for how charging stations would be
installed, maintained, and operated. These types of proposed
requirements would address topics such as the certification of charging
equipment, security, long-term stewardship, the qualifications of
technicians installing and maintaining charging stations, and the
privacy of customer data conveyed. There is also proposed language to
explain what the NEVI program income can be used for when there is net
income from the sale, use, lease, or lease renewal of real property
acquired with NEVI Formula Program funds, or when there is income or
revenue earned from the operation of the EV charging station.
(2) Interoperability of EV charging infrastructure.
The proposed requirements relating to interoperability similarly
address less visible standardization along the national EV charging
network. The FHWA proposes a seamless national network of EV charging
infrastructure that can communicate and operate on the same software
platforms from one State to another. The FHWA proposes interoperability
requirements for charger-to-EV communication to ensure that chargers
are capable of the communication necessary to perform smart charge
management and Plug and Charge.
(3) Traffic control devices and on-premise signs acquired,
installed, or operated.
The FHWA proposes to address requirements about traffic control
devices and on-premise signs by cross-referencing other existing
requirements contained in the Manual on Uniform Traffic Control Devices
for Streets and Highways (MUTCD) found at 23 CFR part 655 and the
Highway Beautification regulation at 23 CFR part 750.
(4) Data requested related to a project funded under the NEVI
Formula Program, including the format and schedule for the submission
of such data.
The FHWA proposes to outline quarterly and annual data submittal
requirements that are applicable only to projects funded under the NEVI
Formula Program. States would be required to submit quarterly data to
identify charging station use, reliability maintenance, and
installation cost information. On an annual basis, States would be
required to submit identifying information about organizations
operating, maintaining, or installing Electric Vehicle Supply Equipment
(EVSE) along with information about any certifications of these
entities through State or local business opportunity certification
programs. Finally, States would be required to submit an annual report
describing the community engagement activities conducted in accordance
with their approved State EV Infrastructure Deployment Plans.
The proposed regulation would serve an important coordination role
by standardizing submissions of large amounts of data from charging
stations across the U.S. while providing the Joint Office with the data
needed to create the public EV charging database outlined in BIL. The
FHWA specifically requests comments on whether the proposed data
collection language creates an undue burden on the States with the
amount and types of data to be collected and the frequency in which it
is to be reported.
(5) Network connectivity of EV charging infrastructure.
The FHWA proposes to outline network connectivity requirements for
charger-to-charger network communication, charging network-to-charging
network communication, and charging network-to-grid communication.
These proposed requirements address standards meant to allow for secure
remote monitoring, diagnostics, control, and updates. The FHWA believes
these proposed requirements would help address cybersecurity concerns
while mitigating against stranded assets (whereby any provider abandons
operations at any particular charging station). Proposed network
connectivity requirements also would specifically require chargers to
be capable of smart charge management and Plug and Charge capabilities
by requiring the ability to communicate through Open Charge Point
Protocol (OCPP) in tandem with ISO 15118.
[[Page 37264]]
(6) Information on publicly available EV charging infrastructure
locations, pricing, real-time availability, and accessibility though
mapping applications.
The FHWA proposes requirements to standardize the communication to
consumers of price and availability of each charging station.
Specifically outlined in the proposed regulation, States would be
required to ensure that basic charging station information (such as
location, connector type, and power level), real-time status, and real-
time price to charge would be available free of charge to third-party
software developers through application programming interface. The FHWA
believes these requirements would enable effective communication with
consumers about available charging stations and help consumers make
informed decisions about trip planning and when and where to charge
their EVs. The FHWA also proposes requirements for public transparency
when EV charging prices are to be set by a third party. The FHWA
believes that this will protect the public from price gouging.
The proposed rule would apply to the 50 States, the District of
Columbia, and Puerto Rico, consistent with the definition of the term
``State'' in 23 U.S.C. 101(a). These proposed regulations would apply
to projects funded under the NEVI Formula Program and projects for the
construction of publicly accessible EV chargers that are funded with
funds made available under title 23, United States Code, with the
prioritization of projects along Interstates during the first year in
order to create a reliable national network of EV charging
infrastructure for those travelling long distances or for multiple
hours at a time.
The FHWA requests comment on the proposed approach summarized above
and described in detail below to establish a set of minimum standards
and requirements for NEVI Formula Program projects and projects for the
construction of publicly accessible EV chargers that are funded under
title 23, United States Code.
The FHWA requests comment on the consideration, options, and use of
information to account for the analysis of the proposed rule, as
described in detail in the ``Preliminary Regulatory Impact Analysis
(PRIA)'' available in the docket. The PRIA supports this proposed
regulation and estimates the costs and benefits associated with
establishing minimum standards and requirements, derived from the costs
of implementing the proposed regulation for each provision of the rule.
All of the topics for the minimum standards and requirements are
required under Paragraph (2) under the Highway Infrastructure Program
heading in title VIII of division J of BIL. To estimate these costs,
the PRIA compares the costs and benefits of proposed provisions to the
costs and benefits of the options States would likely choose for their
own EVSE programs in the absence of the rule. In many cases, the
analysis found that States would likely choose the same requirements
that are found in the proposed rule.
Background
Creation of the NEVI Formula Program
The BIL included two new programs with a total of $7.5 billion in
dedicated funding to help make EV chargers and alternative fueling
facilities accessible to all Americans for long-distance trips. As one
of these two new programs, the NEVI Formula Program provides $5 billion
as the first major Federal funding program that focuses on a nationwide
development of EV charging infrastructure. The FHWA has released
program guidance for the NEVI Formula Program, available at https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf, as was required by BIL within 90
days of enactment.
This program guidance outlined funding features, information about
required State EV Infrastructure Deployment Plans, project eligibility
provisions, program administration, and technical assistance and tools.
The program guidance also outlined potential topics for these proposed
minimum standards and requirements for projects implemented under the
NEVI Formula Program.
EV Funding Options
Several additional DOT funding and finance programs are also
available to plan for and build EV chargers; support workforce training
for new technologies; and integrate EVs as part of strategies to
address commuter, freight, and public transportation needs. For more
information see the Federal Funding is Available for Electric Vehicle
Charging Infrastructure on the National Highway System released April
22, 2022.\2\
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\2\ Federal Funding is Available For Electric Vehicle Charging
Infrastructure on the National Highway System (dot.gov).
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Statutory Authority for NEVI Formula Program Minimum Standards and
Requirements
The BIL required FHWA to release a set of minimum standards and
requirements for the implementation of the NEVI Formula Program under
Paragraph (2) under the Highway Infrastructure Program heading in title
VIII of division J).
This proposed regulation directly addresses the requirements in
BIL. This proposed regulation also directly addresses the EV Charging
Stations standards requirement added to 23 U.S.C. 109 by Section 11129
of BIL for projects using title 23, United States Code funds for EV
charging infrastructure. Through the provision of minimum standards and
requirements, the NEVI Formula Program would help set reliable
expectations for the experience of EV charging across the nation.
Nothing in this regulation is intended to be construed to prevent
States from establishing more stringent EV charging infrastructure
requirements towards building a convenient, affordable, reliable, and
equitable national charging network.
The BIL required establishment of a Joint Office of Energy and
Transportation (Joint Office) \3\ in the Department of Transportation
and the Department of Energy to study, plan, coordinate, and implement
issues of joint concern between the two Agencies. The DOT and DOE
coordinated on both the NEVI Formula Program Guidance and development
of the minimum standards and requirements found in this proposed rule.
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\3\ https://www.driveelectric.gov.
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Reasoning for NEVI Formula Proposed Regulations
There are no existing national standards for EV charging stations,
although there may be some State standards that exist. For any given
charging station, the charger manufacturer, charging network, charging
network provider, charging station owner, charging station operator,
and even the utility providing electricity, may all be different
entities, all with different expectations for contracts, maintenance,
operations, and customer response. Because EV charging is a relatively
new technology, there is wide diversity in the market from small start-
up companies to major multi-national corporations. This diversity of
entities results in a variety of charging station operations, leaving
consumers with a learning curve every time they encounter a new EV
charging station. The consumer education required for each use of a new
charging station, as well as unreliability of the charging station
function and safety issues from the lack of standardized technician
qualifications, exacerbates existing
[[Page 37265]]
hurdles for the widespread adoption of EVs, including range anxiety and
safety risks. Range anxiety is a concept whereby consumers fear that a
vehicle has insufficient electrical charge to reach its destination or
another charging station and would therefore strand the vehicle's
occupants. This also includes the anxiety that chargers would not be
available where and when needed. Furthermore, the lack of minimum
standards for chargers reduces the reliability of a consistent charging
experience (e.g., the charger meets their needs, is working and
available, etc.) for consumers when they encounter a new charging
station. Beyond standardizing consumer and industry expectations, the
proposed regulation would outline minimum standards and requirements to
ensure the appropriate use of Federal funds on a new technology and
market, and greatly enhance consumer confidence and public safety.
Benefits to NEVI Formula Program Proposed Regulations
The FHWA believes that the establishment of this regulation would
provide a powerful antidote to these issues, create energy
independence, and encourage more widespread adoption of EVs because EV
consumers would be more confident in the availability, safety, and
consistency of EV charging stations.
Accordingly, by encouraging the adoption and expansion in use of
EVs, title 23 investments in EV charging infrastructure have the
potential to significantly address the transportation sector's outsized
contributions to climate change. President Biden, American families,
automakers, and autoworkers agree: the future of transportation is
electric. The electric car future is cleaner, more equitable, more
affordable, and an economic opportunity to support good-paying, union
jobs across the installation and maintenance of the charging
infrastructure as well as in American supply chains as automakers
continue investing in manufacturing clean vehicles and the batteries
that power them.\4\ Currently, the transportation sector is both the
largest source of U.S. carbon dioxide emissions,\5\ and is increasingly
vulnerable because of the higher temperatures, more frequent and
intense precipitation, and sea level rise associated with the changing
climate. Much of existing transportation infrastructure was designed
and constructed without consideration of these changes.
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\4\ White House Fact Sheet: The Biden-Harris Electric Vehicle
Charging Action Plan (December 13, 2021), available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/13/fact-sheet-the-biden-harris-electric-vehicle-charging-action-plan/.
\5\ See EPA Inventory of U.S. Greenhouse Gas Emissions and
Sinks, available at https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks-1990-2019.
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The Sixth Assessment Report by the Intergovernmental Panel on
Climate Change (IPCC), released on August 7, 2021, confirms that human
activities are increasing greenhouse gas concentrations that have
warmed the atmosphere, ocean, and land at a rate that is unprecedented
in at least the last 2000 years.\6\ According to the report, global
mean sea level has increased between 1901 and 2018, and changes in
extreme events such as heatwaves, heavy precipitation, hurricanes,
wildfires, and droughts have intensified since the last assessment
report in 2014.\7\ These changes in extreme events, along with
anticipated future changes in these events due to climate change,
threaten the reliability, safety and efficiency of the transportation
system. At the same time, transportation contributes significantly to
the causes of climate change \8\ and each additional ton of
CO2 produced by the combustion of fossil fuels contributes
to future warming and other climate impacts.
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\6\ See IPCC, 2021: Summary for Policymakers. In: Climate Change
2021: The Physical Science Basis. Contribution of Working Group I to
the Sixth Assessment Report of the Intergovernmental Panel on
Climate Change, available at https://www.ipcc.ch/report/ar6/wg1/#SPM.
\7\ IPCC, 2021: Climate Change 2021: The Physical Science Basis.
Contribution of Working Group I to the Sixth Assessment Report of
the Intergovernmental Panel on Climate Change [Masson-Delmotte, V.,
P. Zhai, A. Pirani, S.L. Connors, C. P[eacute]an, S. Berger, N.
Caud, Y. Chen, L. Goldfarb, M.I. Gomis, M. Huang, K. Leitzell, E.
Lonnoy, J.B.R. Matthews, T.K. Maycock, T. Waterfield, O.
Yelek[ccedil]i, R. Yu, and B. Zhou (eds.)]. Cambridge University
Press. In Press.
\8\ Jacobs, J.M., M. Culp, L. Cattaneo, P. Chinowsky, A. Choate,
S. DesRoches, S. Douglass, and R. Miller, 2018: Transportation. In
Impacts, Risks, and Adaptation in the United States: Fourth National
Climate Assessment, Volume II [Reidmiller, D.R., C.W. Avery, D.R.
Easterling, K.E. Kunkel, K.L.M. Lewis, T.K. Maycock, and B.C.
Stewart (eds.)]. U.S. Global Change Research Program, Washington,
DC, USA, pp. 479-511. doi: 10.7930/NCA4.2018.CH12.
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By encouraging widespread adoption of a zero-emissions
transportation mode, the proposed regulation would supercharge
America's efforts to lead the electric future and align with recent
Executive Orders (E.O.) 13990, E.O. 14008, and a U.S. target of
achieving a 50 to 52 percent reduction from 2005 levels of economy-wide
net GHG pollution in 2030, on a course toward reaching net-zero
emissions economy-wide by no later than 2050.\9\ Section 1 of E.O.
13990, ``Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis,'' 86 FR 7037 (Jan. 25, 2021),
articulates national policy objectives, including listening to the
science, improving public health and protecting the environment,
reducing GHG emissions, and strengthening resilience to the impacts of
climate change. E.O. 14008, ``Tackling the Climate Crisis at Home and
Abroad,'' 86 FR 7619 (Feb. 1, 2021), recommits the United States to the
Paris Agreement and calls on the United States to begin the process of
developing its nationally determined contribution to global GHG
reductions. 86 FR at 7620.
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\9\ White House Fact Sheet: The Biden-Harris Electric Vehicle
Charging Action Plan (December 13, 2021), available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/13/fact-sheet-the-biden-harris-electric-vehicle-charging-action-plan/,
White House Fact Sheet: President Biden Sets 2030 Greenhouse Gas
Pollution Reduction Target Aimed at Creating Good-Paying Union Jobs
and Securing U.S. Leadership on Clean Energy Technologies (Apr. 22,
2021), available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/; White House Fact Sheet: President Biden's Leaders
Summit on Climate (Apr. 23, 2021), available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/23/fact-sheet-president-bidens-leaders-summit-on-climate/.
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E.O. 14008 also calls for a Government-wide approach to the climate
crisis and acknowledges opportunities to create well-paying, union jobs
to build a modern, sustainable infrastructure, to provide an equitable,
clean energy future, and to put the U.S. on a path to achieve net-zero
emissions, economywide, no later than 2050. 86 FR at 7622. It also
supports the principle set forth in section 213 of E.O. 14008 ``to
ensure that Federal infrastructure investment reduces climate
pollution.'' 86 FR at 7626. Reducing the barriers to charging
infrastructure will enable the rapid expansion of zero-emission
vehicles, a central component of the U.S. Long Term Strategy to reach
net-zero greenhouse gas emissions by 2050.\10\ In line with this E.O.
and addressing the climate crisis, enabling wider adoption of EVs may
also have significant benefits to equity and environmental justice
whereby a national network of EV charging infrastructure reduces
disparities in access to transportation infrastructure and health
effects.\11\
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\10\ The Long-Term Strategy of the United States, Pathways to
Net-Zero Greenhouse Gas Emissions by 2050 (whitehouse.gov).
\11\ U.S. Department of Transportation Strategic Plan FY 2022-
2026.
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The NEVI Formula Program presents an opportunity to advance both
equity and environmental justice for
[[Page 37266]]
communities that have been underserved by transportation infrastructure
and overburdened by costs and environmental harms. When determining
where EV charging stations should be located, there should be
engagement with rural, underserved, and disadvantaged communities to
ensure that diverse views are heard and considered and to ensure that
the deployment, installation, operation, and use of EV charging
infrastructure achieves equitable and fair distribution of benefits and
services. Historically, innovations in clean energy and transportation
have not been deployed evenly across communities. This has resulted in
underserved, overburdened, and disadvantaged communities being left
behind.
Achieving our long-term goals requires the equitable deployment of
electric vehicle infrastructure, and NEVI Formula Program funding is
the opportunity to ensure these investments benefit disadvantaged
communities and create safeguards to prevent or mitigate potential
harms. Consideration of the benefits and harms is in accordance with
E.O. 13985, which requires the Federal Government to pursue a
comprehensive approach to advance racial equity for all, and E.O.
14008, which created the Justice40 Initiative, which established a goal
that 40 percent of the overall benefits of certain federal investments
flow to disadvantaged communities. 86 FR at 7626. OMB M-21-28 Interim
Guidance provides that NEVI Formula Program funding is a Justice40
federal covered program.
Consideration for how benefits of EV charging flow to rural,
underserved, and disadvantaged communities will be vital towards
ensuring NEVI Formula Program funding is distributed meaningfully and
equitably in accordance with E.O. 14008. In the absence of the NEVI
Formula Program, the market will not prioritize the installation of
important EV chargers densely populated urban communities where the
cost of real estate is relatively higher or in sparsely populated rural
areas lacking access to transportation alternatives. If access to EV
chargers is dictated by these market forces, then rural areas,
underserved communities, and disadvantaged communities will experience
delayed and diminished access to this clean energy technology and the
transportation infrastructure that is vital to a healthy economy. Such
outcomes would be at odds with E.O. 13985, ``Advancing Racial Equity
and Support for Underserved Communities Through the Federal
Government,'' at 86 FR 7009.
However, the proposed rule would complement the February 10, 2022,
NEVI Formula Program Guidance, which encouraged EV chargers to be
spaced a maximum distance of 50 miles apart along designated alternate
fuel corridors (AFCs), by requiring minimum standards for the
development of each station. Providing minimum standards and
requirements for the development of each charging station helps to
ensure equitable access to clean transportation options and the
electric grid across all communities, increasing parity in clean energy
technology access and adoption. Over the long-term, according to the
DOE, EV ownership is usually less expensive than ownership of gasoline-
powered vehicles.\12\ Additionally, the low cost of operation makes
some EVs less expensive on a monthly basis, compared to equivalent
gasoline-powered vehicles, when vehicle purchase price is financed.\13\
Thus, increased adoption in these communities could be associated with
a community-wide decrease in transportation energy cost burdens. In
communities where transportation corridors see a mode-share shift from
gasoline-powered vehicles to EVs, there will be a marked reduction in
environmental exposures to transportation emissions. Widespread
adoption of EVs in the U.S. would also increase our energy resilience
by increasing the share of vehicles that operate on energy sources that
are domestically produced and regulated and assist in creating energy
independence and domestic job creation.
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\12\ https://afdc.energy.gov/calc/. This tool calculates the
total cost of vehicle ownership. Selecting the 2022 Ford Mustang
Mach-E RWD and an equivalent gasoline-powered vehicle, such as the
2022 Ford Explorer RWD Gasoline, shows that the EV's total cost of
ownership breaks even with the conventional vehicle after 5 years
when gasoline price is set at $4.50/gallon and the state of Ohio is
selected.
\13\ Comparing total cost of ownership of battery electric
vehicles and internal combustion engine vehicles, Most Electric
Vehicles are Cheaper to Own Off the Lot Than Gas Cars.
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The NEVI Formula Program also addresses the acknowledgement in E.O.
14008 that the path to a net-zero emissions economy provides
opportunities to create well-paying, union jobs to build a modern
sustainable infrastructure. 86 FR 7622. This proposed rule would
outline minimum qualifications for technicians working on-site at
charging stations. Minimum skill, training, and certification standards
for technicians ensures that the deployment of charging infrastructure
will support stable career-track employment for workers across the
country, creating more openings for workers to pursue training in the
electrical trades--critical occupations for the clean energy
transition. By requiring on-site installation, maintenance, and
operations to be performed by a well-qualified, highly-skilled, and
certified, licensed, and trained workforce, the proposed regulation
would also increase the safety and reliability of charging station
function and use, and mitigate project delivery issues such as cost
overruns and delays.
The proposed regulation would establish minimum standards and
requirements specific to the use of NEVI Formula Program funds and
funds made available under title 23, United States Code for projects
for the construction of publicly accessible EV chargers with the
prioritization of projects along Interstates in order to create a
reliable national network of EV charging infrastructure for those
travelling long distances or for multiple hours at a time. E.O. 14036
also points out that if successfully deployed an interoperable EV
charging network can be expected to give EV manufacturers more space to
experiment, innovate, and pursue the new ideas leading to more choices,
better service, and lower prices especially with regard to the EVs
themselves. 86 FR 36987.
Request for Information
The proposed regulation for minimum standards and requirements
under the NEVI Formula Program required consultation with relevant
stakeholders. The DOT issued a Request for Information (RFI) published
in the Federal Register on November 29, 2021 (86 FR 67782). There were
483 comments received in response to the RFI. Commenters included
local, State, and regional governments and included those with the full
range of experiences installing and operating EV infrastructure.
Industry groups and businesses involved with EV infrastructure, ranging
from small businesses to trade groups and multi-national corporations,
also provided comments. Some comments received were from formal trade
organizations: the International Brotherhood of Electrical Workers,
AFL-CIO, CLC (IBEW), American Federation of Labor and Congress of
Industrial Organizations (AFL-CIO), and Laborers' International Union
of North America. Nonprofit groups provided feedback as to how the NEVI
Formula Program could positively or negatively impact the communities
that these groups represented. The FHWA also received comments from
individual members of
[[Page 37267]]
the public to include EV owners and others who would be impacted by the
NEVI Formula Program. The FHWA considered this input in the development
of this regulation. A discussion of how the most prevalent topics were
considered and addressed is provided below.
In addition to the RFI, the White House sponsored 18 stakeholder
meetings between November and December 2021, each with multiple
organizations attending and each addressing a different stakeholder
group. Input from these meetings was also considered during the
development of this proposal.
The FHWA inquired to stakeholders how the Buy America provisions
would impact the NEVI Formula Program and asked for comments through
two Federal Register Request for Information discussed below. As stated
in E.O. 14005 published on January 25, 2021, Ensuring the Future Is
Made in All of America by All of America's Workers, Made in America
laws, such as the Buy American Act \14\ requires the Federal government
to buy domestic ``articles, materials, and supplies'' when they are
acquired for public use, subject to exceptions for nonavailability of
domestic products, unreasonable cost of domestic products, acquisitions
subject to certain trade agreements, and situations where it would not
be in the public interest to buy domestic products.\15\ The FHWA
received significant feedback regarding compliance with Buy America
through stakeholder engagement and comments from both the RFI published
on November 29, 2021 (86 FR 67782) \16\ and a separate RFI specific to
Buy America published on November 24, 2021 (86 FR 67115). Unless
otherwise specified, all applicable requirements under chapter 1 of
title 23, United States Code, apply to the use of NEVI Formula Program
funds and funds made available under title 23, United States Code for
projects for the construction of publicly accessible EV chargers,
including Buy America requirements at 23 U.S.C. 313. Additionally, the
NEVI Formula Program is an infrastructure program subject to the Build
America, Buy America Act (Pub. L. 117-58, div. G sections 70901-70927).
Additionally, it is important to note that as expressed in E.O. 14005,
Ensuring the Future Is Made in All of America by All of America's
Workers (86 FR 7475), it is the policy of the executive branch to
maximize, consistent with law, the use of goods, products, and
materials produced in, and services offered in, the United States.
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\14\ 41 U.S.C. 10a-10d.
\15\ 86 FR 7475 (January 28, 2021).
\16\ https://www.govinfo.gov/app/details/FR-2021-11-29/2021-25868.
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The FHWA acknowledges that the EV charging industry expressed early
concerns regarding the difficulty in procuring EV charging equipment
that met Buy America compliance. The FHWA also acknowledges that the
domestic EV charger manufacturing industry is rapidly adapting with
announcements about U.S. manufacturers opening new plants as recently
as this calendar year.\17\ The comment period for the Buy America RFI
closed on January 10, 2022. The RFI was intended to gather information
about the shifting manufacturing and assembly processes in the United
States for EV chargers and the availability of EV chargers manufactured
and assembled in the United States in compliance with Buy America.
Continued review of the information received from this RFI may result
in updated policy guidance or regulation, as needed.
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\17\ FACT SHEET: Biden-Harris Administration Ensuring Future is
Made in America [verbar] The White House.
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It is important to also note that several topics raised for concern
by comments received from the RFI are not applicable to this proposed
regulation because they were outside the scope of the minimum standards
and requirements but may be addressed through subsequent guidance.
Some responses to the RFI included various suggestions of station
design, in particular vehicle size allowances and pull-through access.
Minimum standards for vehicle size in station design are not proposed
in this rulemaking. However, States are encouraged to consider large
vehicles, including medium- and heavy-duty vehicles (such as electric
school buses and delivery vehicles) and vehicles with attached
trailers. Pull-through charging stations may provide better access for
vehicles pulling a trailer; pull-through charging stations provide
ample room to move around a vehicle that may take longer to charge,
because they allow vehicles to exit the station without backing up and
preclude the need to decouple the trailer to fit within the parking
area adjacent to the charger. Front pull-in parking style charging
stations may be appropriate in many situations as they allow vehicles
to freely access the charger without the potential to be blocked into
the location until another vehicle completes charging. Station design
consideration is location specific and should provide the public with
an efficient, safe, and convenient charging experience.
Other responses to the RFI included suggestion to address emergency
situations that could arise for EVs. This proposed rule does not
consider minimum standards for traffic incident management specific to
emergency situations where EVs lose their charge on the roadway. The
proposed minimum standards would address the development of charging
stations, and it is recognized that if EVs are able to arrive at
charging stations, there are no on-road emergency situations. However,
if EVs lose their charge while driving on the roadway, this emergency
situation could create a traffic incident. The FHWA requests comments
to address this important issue. The FHWA requests specific comment on
how traffic incident management, crashes, and emergency situations
should be addressed.
Several commenters voiced opinions on the physical safety of the EV
charging stations and the consumers as well as cybersecurity concerns.
Safety is a top priority at FHWA and must be incorporated in all
federally funded projects. Safety was considered throughout the
development of the proposed regulations, and this proposed regulation
would require States to specifically address physical safety and
cybersecurity.
Other comments raised through the RFI include topics that will be
addressed by each State through the development of State EV
Infrastructure Deployment Plans (as outlined in the NEVI Formula
Program Guidance released on February 10, 2022) rather than by the
Federal Government through the proposed regulation. For example, FHWA
acknowledges that the development of a cohesive reliable national EV
charging network will require interstate and regional coordination
across State borders. Consideration and discussion of regional
coordination is specifically outlined in the NEVI Formula Program
Guidance's description of how a State EV Infrastructure Deployment Plan
should be formatted. This same section of the NEVI Formula Program
Guidance similarly outlines that States are expected to include a
discussion of maintenance and operational strategies in their State EV
Infrastructure Deployment Plans.
Questions have also arisen about the details of receiving
discretionary exceptions to charger spacing requirements along and
within the AFCs. Information about discretionary exceptions is included
in the NEVI Formula Program Guidance and is not
[[Page 37268]]
proposed for further discussion within this regulation.
Section-by-Section Discussion of the Proposed Changes
The FHWA invites comments on the proposed minimum standards and
requirements and identifies areas where comments may be particularly
useful.
Section 680.100 Purpose
Section 680.100 would identify the purpose of the regulation to
establish a set of minimum standards and requirements applicable to two
types of publicly accessible EV charging projects: those funded under
the NEVI Formula Program and those constructed with any funds made
available under title 23, United States Code.
Section 680.102 Applicability
The FHWA proposes that the regulation apply to all NEVI Formula
Program projects and all publicly accessible EV chargers constructed
using funds made available under title 23, United States Code.
Section 680.104 Definitions
The FHWA proposes definitions for the minimum standards and
requirements for this regulation. These definitions are provided to
identify terms that are common in the EV charging industry but that may
not be present elsewhere in 23 U.S.C. or 23 CFR and thus may be
unfamiliar in the transportation industry.
Section 680.106 Installation, Operation, and Maintenance by Qualified
Technicians of Electric Vehicle Charging Infrastructure
The proposed regulation includes procurement process transparency
considerations, the minimum number of chargers, connector type, and
power level for each EV charging station. These minimum requirements
are proposed to provide the public with a predictable user experience
of the public charging infrastructure.
Section 680.106(a) explains the expectation of public transparency
when EV charging prices are to be set by a third party. Under Paragraph
(2) under the Highway Infrastructure Program heading in title VIII of
division J of BIL, the FHWA is required to release a set of minimum
standards and requirements for the implementation of the NEVI Formula
Program, which includes ``information on publicly available electric
vehicle charging infrastructure locations, pricing, real-time
availability, and accessibility through mapping applications.''
(emphasis added). Since government funds will be, in part, subsidizing
these EV charging stations, FHWA proposes there be public disclosure
for the documents concerning the operations of EV charging stations
where price setting is involved, including the procurement process
used, the number of bids received, the identification of the awardee,
the proposed contract with the awardee and, in accordance with State
law, the financial summary of contract payments (including the price
and cost data) and any information describing how prices for EV
charging are to be set under the contract. These items shall be made
publicly available whether through an announcement, public comment
period or other means. The FHWA believes this will protect the public
interest in understanding how prices for charging are set or to be
determined whenever a private operator is involved in the determination
of price. Since the NEVI Formula Program shall be administered as if
apportioned under chapter 1 of title 23, United States Code (1st
proviso of paragraph (6) under the ``Highway Infrastructure Program''
heading in title VIII of division J of Pub. L. 117-58), States would be
subject to 23 U.S.C. 112 and implementing procurement regulations for
the procurement of construction and design. Additionally, any
agreements for the operation and maintenance of an EV charging station
are subject to the State procurement policies and procedures per 2 CFR
200.317.
This language is also consistent with FHWA guidance regarding
public transparency in public-private partnership (P3) procurements.
The FHWA recognizes that some State DOTs do not have the authority to
enter into P3 agreements and FHWA is not requiring any State DOT to
enter into a P3 for EV charging stations. The proposed requirements
would be applicable to any procurement involving NEVI Formula Program
funds, any time EV charging prices are to be set by a third party. The
FHWA requests comment on what other actions could be proposed to
improve transparency during the procurement process in order to ensure
the price of EV charging is as transparent as possible.
The proposed regulation outlines the minimum number and type of
chargers required in Sec. 680.106(b). In order to provide appropriate
charging for EVs in route to their final destinations, FHWA proposes to
require Direct Current Fast Chargers (DCFCs), which are the fastest
chargers currently available in the public charging marketplace, when
installed under the NEVI Formula Program. While DCFCs are more
expensive to install and operate, by providing a faster experience,
they allow for convenient charging solutions for those vehicles that
will be travelling long distances or for multiple hours at a time in
comparison to other chargers that would take longer to charge EVs. The
FHWA has identified a need to address this type of EV charging in
particular, whereby the charging station would typically provide a
waypoint stop but not be the final destination of the EV trip and
consider that with the consumers that would be using these types of EV
charging stations, time is a premium concern. By servicing this
waypoint need, FHWA recognizes that charging stations should be built
to prioritize convenience over price in order to be effective and
determines this is the best option for those EV charging stations
located along Interstates. Convenience is also the goal in the proposed
requirement for the number of charging ports at each charging station;
Sec. 680.106(b) would require a minimum of four charging ports capable
of simultaneously charging four EVs. Because even DCFCs typically
require a third of an hour to provide sufficient vehicle charge, long
queues of EVs waiting to charge could develop at charging stations if
there are insufficient charging ports available. In practice, most
current new public charging stations include 2-8 charging ports to
address the growing demand, with some industry leaders adopting an
internal standard minimum of 8 charging ports per station. In an effort
to balance the desire to future proof these facilities in order to
handle increasing demand, while creating space to avoid unduly burdens
on newer entrants to the EV charging market, FHWA proposes a minimum of
four charging ports per station. The FHWA proposes that the minimum
number of four ports per charging station apply to projects funded with
NEVI Formula Program funds only. States can still install less than
four ports DCFC charging stations and AC Level 2 charging stations
under non-NEVI funded programs. The FHWA requests comments on whether a
different number of DCFC ports should be required at NEVI Formula
Program funded charging stations.
Section 680.106(c) proposes a requirement that DCFCs connect and
communicate with EVs through an industry standard charging port type
called the Combined Charging System (CCS). The CCS port is a non-
proprietary, accepted standard port in North America developed and
endorsed by the Society of Automotive Engineers (SAE). The CCS
connectors are proposed for all DCFCs to accommodate
[[Page 37269]]
a baseline of vehicles and to accommodate use of adapters that will
provide EV charging for all vehicles. The CCS ports represent the most
common port type used across all manufacturers of new EVs today. As
stated in the 16th proviso of paragraph (2) under the ``Highway
Infrastructure Program'' heading in title VIII of division J of Public
Law 117-58, until the Secretary certifies that a State is fully built
out on their Alternative Fuel Corridors, NEVI funding is limited to use
on EV charging stations along Alternative Fuel Corridors. The program
guidance that FHWA released for the NEVI Formula Program,\18\ explains
that fully built out is inclusive of installing four DCFCs. In an
effort to provide redundancy and address different needs of EV drivers,
the proposed regulation includes language allowing for the installation
of additional AC Level 2 chargers only after the NEVI Formula Program
requirements for DCFCs have been met for projects that use NEVI Formula
Program funds. Section 680.106(c) would identify the J1772 connector as
the proposed connector type requirement for AC Level 2 chargers. The
FHWA acknowledges that AC Level 2 chargers may be desired for redundant
installation because they are less expensive to install and operate.
Section 680.106(c) would further provide for additional flexibility for
the provision of charging ports after the aforementioned CCS
requirement has been met. This includes adding permanently attached
proprietary connectors to DCFCs. In addition, specific to the use of
FY22 NEVI Formula Program funds, DCFCs may include permanently attached
CHAdeMO connectors for one or more DCFC charging port. The option to
install these additional charging connectors is proposed as part of the
regulation to allow States the flexibility to address immediate
identified needs in their communities while participating in the CCS
standard which would be consistent throughout the national network. The
FHWA requests comment on how other charging technologies, such as
overheard catenary chargers and wireless chargers, should be addressed.
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\18\ https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf.
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Section 680.106(d) outlines proposed minimum power levels to
provide a reliable DCFC experience for convenient EV charging.
Requirements for minimum power level capabilities provided at each port
are key to ensuring that the DCFCs are able to provide a consistent and
speedy charge. Comments received through the RFI indicated that several
State DOTs currently require EV charging stations to have the
capability to deliver power at or above 150kW per charging port and
that this is becoming the prevailing industry preference for DCFC
charging. The FHWA encourages the installation of chargers with higher
power levels where appropriate to support industry efforts to ensure a
consumer's time to charge is at least comparable to filling a gas tank.
The inclusion of a requirement that each DCFC charging port must be
at or above 150kW would benefit the charging industry primarily in
communicating standards with individual utilities that may not be
accustomed to EV industry preferences. Section 680.106(d) would include
several such components describing power level requirements for
coordination between charging station owners/operators and utility
providers. This regulation would also outline minimum requirements for
the participation of DCFC and AC Level 2 chargers in smart charge
management programs to ensure a consistent charging experience and
prioritize charging speed. This section would also outline power level
requirements for any AC Level 2 ports, including a proposed requirement
that all AC Level 2 chargers have the capability to deliver at least a
maximum power level of 6 kW per port simultaneously across all AC ports
(these charger types would only be allowed after the minimum
requirement in Sec. 680.106(b) is met). The FHWA requests comment on
how longer-dwell parking locations and locations that offer battery
swapping technology should be addressed.
Section 680.106(e) would require that charging stations be
available for use by the public 24 hours a day, seven days a week, and
on a year-round basis, with minor exceptions. The FHWA believes the
near constant availability of chargers is key for providing a
convenient national EV charging network especially along long-distance
travel routes. Consideration should be paid to the need of users to
access EVSE during times of emergency such as evacuation from natural
disasters, and the risk associated with locating EVSE in base-
floodplains, as required by FHWA regulations at 23 CFR 650 Subpart A.
Additional consideration may be paid to whether EVSE located in
floodplains will not be at risk from their locations being within the
projected future base floodplains, as described by the Federal Flood
Risk Management Standard in E.O. 14030, Climate-Related Financial Risk
(86 FR 27967) and 13690, Establishing a Federal Flood Risk Management
Standard and a Process for Further Soliciting and Considering
Stakeholder Input (80 FR 6425.) Isolated or temporary interruption to
service or access for maintenance and repairs would not constitute a
violation of this proposed requirement. The FHWA requests specific
comment on what additional considerations should be contemplated to
ensure EVSE resilience/reliability in floodplains and during natural
disasters.
Section 680.106(f) outlines proposed requirements for payment
methods used at EV charging stations. The proposed regulation would
include requirements meant to ensure the interoperability of EV
charging stations across the national network by requiring payment
methods to adhere to industry standards and also requiring that
memberships not be required for use. The interoperability of charging
stations is key to ensuring EV drivers can have a consistent payment
experience across the country. The proposed regulation also outlines
several requirements meant to ensure payment options are secure,
equitable, and accessible, while still ensuring that the rule will
accommodate future innovations in payment methods. This includes
proposed requirements that payment options include contactless payment
methods, that contactless payment be accepted from all major debit and
credit cards, and that access and service are not restricted by
membership or payment method type. The FHWA requests comments on
whether there are other factors that could be considered to avoid an
instance of creating an EV charging station that is limited to one type
of EV consumer wanting to use it or benefiting from its use (sometimes
also referred to as a walled garden). Plug and Charge payment
capabilities are also required. The FHWA requests comment on the
payment methods that are currently proposed including whether non-
contactless payment options should be required. The FHWA is not
requiring that the sole payment method be credit card, in order to be
mindful of the needs of the unbanked and underbanked who may need to
pay via another payment method such as the option to purchase a prepaid
card to be used at the EV charging station. This section also would
require that multilingual access and access for people with
disabilities be provided in the creation of payment instructions. The
FHWA specifically requests comments on whether the proposed payment
method language adequately meets the needs of the
[[Page 37270]]
unbanked and underbanked as well as strategies to address multilingual
access and access for people with disabilities in the creation of EV
charging payment instructions. The FHWA also requests comments on
whether other payment methods should be required beyond what is
currently proposed.
Section 680.106(g) outlines proposed requirements for equipment
certification. All EVSE would be required to obtain certification from
an Occupational Safety and Health Administration Nationally Recognized
Testing Laboratory.\19\ ENERGY STAR certification was considered in the
development of this proposed regulation due to its established
credentials in certifying energy-efficient products, thus promoting
climate benefits such as low energy use and reduced emissions. For AC
Level 2 EVSE ENERGY STAR certification is required. For DCFCs 50-350kW,
while ENERGY STAR certification exists the product availability is
limited therefore certification is not required at this time.
---------------------------------------------------------------------------
\19\ OSHA's Nationally Recognized Testing Laboratory (NRTL)
Program--Current List of NRTLs [verbar] Occupational Safety and
Health Administration.
---------------------------------------------------------------------------
Section 680.106(h) would require States to implement physical and
cybersecurity strategies consistent with their State EV Infrastructure
Deployment Plans. This section also includes options for both physical
security, such as lighting, siting, driver and vehicle safety, fire
prevention, tampering, charger locks, and illegal surveillance of
payment devices, and cybersecurity strategies that may be addressed in
order to mitigate charging infrastructure, grid, and consumer
vulnerability associated with the operation of charging stations. The
FHWA encourages States to implement policies to safeguard consumer
privacy and requests comments on best practices available in the
industry.
Section 680.106(i) proposes to establish a requirement for States
to maintain charging infrastructure in compliance with the provisions
in this proposed regulation for at least 5 years. The period of 5 years
was chosen to provide a reasonable useful life while providing
sensitivity to the emerging nature of this type of equipment and the
fast pace of technological advancements in the EV charging arena. At
the conclusion of the 5 year required maintenance period, States can
choose to retire the infrastructure that has reached the end of its
useful life and should consider upgrading or replacing the EVSE if
necessary. However, if the EVSE is still functioning to meet its
intended purpose after 5 years, States should consider maintaining, or
supporting the maintenance of, the EVSE to most efficiently make use of
Federal resources. The FHWA requests comments on whether 5 years is a
reasonable timeframe to require States to maintain EV charging
infrastructure in compliance with these proposed regulations or if
another timeframe should be considered.
Section 680.106(j) requires States ensure that the installation and
maintenance of EVSE is performed safely by a skilled workforce that has
appropriate licenses, certifications, and training. The proposed
regulation would further encourage States to utilize a diverse
workforce of electricians and other laborers.
The proposed regulation also requires that, with the exception of
apprentices, all electricians installing, maintaining, and operating
EVSE be certified through the Electric Vehicle Infrastructure Training
Program (EVITP). The EVITP refers to a comprehensive training program
for the installation of EV supply equipment. To be eligible for EVITP,
a participant must be a State licensed or certified electrician or if
the participant works in a States that does not license or certify
electricians, the participant must provide documentation of a minimum
of 8,000 hours of hands-on electrical construction experience. The
EVITP was created by a collaboration of industry stakeholders from the
private sector and educational institutions. For more information,
refer to https://evitp.org/. The FHWA requests comments on whether
there should be an alternative to the proposed requirement of
certification through the EVITP, such as a U.S. DOL--recognized
Registered Apprenticeship EVSE training program.
The FHWA is aware of both support and concerns from some portions
of the EV charging industry regarding the EVITP. One concern with the
EVITP (as submitted through the RFI comments) is that making it the
sole provider of licensing EV technicians would serve to privatize the
licensing process or impose a significant hurdle to obtaining qualified
electricians to install, operate, or maintain EVSE. The FHWA has
addressed this concern by providing an option that States can meet the
requirement through another Registered Electrical Apprenticeship
program that includes EVSE-specific training. Section 680.106(j) also
requires that, for projects where more than one electrician is needed,
at least one electrician be an apprentice in a registered electrical
apprenticeship program. Section 680.106(j) further requires that all
other, non-electrical laborers directly working on EVSE have
appropriate licenses, training and certification in support of
providing a safe and quality charging station. The FHWA specifically
requests comments on how best to utilize the registered apprenticeship
system to ensure qualified electricians, whether EVSE-specific training
should be required, whether EVITP and its associated costs will impose
a significant hurdle to obtaining qualified electricians to install,
operate, and maintain EVSE, and what other equivalent EVSE training
programs like EVITP should be considered as meeting the requirement.
As stated in the NEVI Formula Program Guidance, FHWA recommends
that States take proactive steps to work with training providers,
workforce boards, labor unions and other worker organizations,
community-based organizations, and non-profits to build a local
workforce that will support the EV network. This includes encouraging
the expansion of registered apprenticeship programs and apprenticeship
readiness or pre-apprenticeship programs that prepare workers for
registered apprenticeship. States are encouraged to support training
pathways that are inclusive of women, Black, Latino, Asian American
Pacific, Indigenous, and other underrepresented groups. There are
several sources of funding that can be used to provide financial
assistance to such programs, additional information can be found at
https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/resources/ev_funding_report_2021.pdf. Consistent with Justice40,\20\
States should also consider how disadvantaged communities will benefit
from this added job growth. The FHWA requests comments regarding the
availability of the workforce to meet these proposed requirements.
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\20\ Section 219 of Executive Order 14008, Tackling the Climate
Crisis at Home and Abroad and OMB, ``Interim Implementation Guidance
for the Justice40 Initiative,'' M-21-28 (July 20, 2021) available at
https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.
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Section 680.106(k) outlines proposed requirements that EVSE allow
for customers to report outages, malfunctions, and other issues with
charging infrastructure. This section also would specify that States
make these reporting mechanisms accessible and equitable by complying
with the American Disabilities Act of 1990 requirements and
multilingual access. The proposed regulation would provide States with
flexibility to address customer service needs while recognizing the
important and varied role customer service requirements
[[Page 37271]]
could serve. In an effort to identify real-time incidents, FHWA
requests comments on customer service strategies to enter any issues as
part of the real-time status data that would be outlined in Sec.
680.116(c). The FHWA would also encourage States to provide emergency
response information on-site at charging stations. The FHWA also
specifically requests comments on customer service strategies to
connect charging stations to or provide access for traffic incident
management solutions such as the provision of an emergency call box.
Section 680.106(l) proposes requirements to protect customer data
privacy. The proposed regulation would require that only the
information strictly necessary to provide service to the customer be
collected, processed, and retained. The FHWA encourages States to
implement policies to safeguard consumer privacy and requests comments
on best practices available in the industry.
Section 680.106(m) proposes to explain the purposes for which State
DOTs and third parties can use NEVI program income. The requirement of
what the net income from the sale, use, lease, or lease renewal of real
property acquired can be used for is consistent with 23 U.S.C. 156. The
explanation of use for the program income or revenue earned from the
operation of an EV charging station mimics the limitations on use of
revenues for toll roads, bridges, tunnels, and ferries found in 23
U.S.C. 129.
Section 680.108 Interoperability of Electric Vehicle Charging
Infrastructure
Proposed Sec. 680.108 outlines minimum interoperability standards
for charger communication with EVs. This section outlines and would
promote industry standards for charging infrastructure consistent with
standards outlined in ISO 15118, incorporated by reference in Sec.
680.120. ISO 15118 is an international standard for EV-to-charger
communication. ISO 15118 allows for several innovative techniques that
are not yet widely adopted in the domestic EV charging marketplace, but
that are of significant interest in the industry for future adoption
such as Plug and Charge and smart charge management. As stated in the
definitions section, Plug and Charge is a method of initiating charging
and payment for charging upon plugging an EV into a charger. Smart
charge management is another innovative technique that can provide
tremendous benefits to include load management and grid resilience.
In order to address both the desire to position EV charging
infrastructure for long-term success and the potential for hesitation
from certain parts of the industry to invest in newer technological
capabilities provided for through compliance with ISO 15118, proposed
regulations would require chargers to conform with ISO 15118 to
reciprocate communications with CCS-compliant EVs that have implemented
ISO 15118.
Because EV technology is relatively new and evolving across the
global market landscape, the regulatory environment for EV chargers is
nascent and technological advances are occurring on an international,
rather than a national scale. Therefore, one of the most trusted
industry and market standards for charger to EV communication is an
international group of standards, ISO 15118, developed by the
International Electrotechnical Commission and the International
Organization for Standardization. The ISO 15118 is recognized as the
standard for charger to EV communication and is already used by the
many major EV and charger manufacturers with products in the United
States. While it is expected that EV communication standards and
protocols will be updated on an iterative basis, FHWA understands that
ISO 15118 provides an important industry baseline and future versions/
iterations of this standard are expected to be implemented as
additional software updates are developed to accommodate future
vehicles implementing future versions of the international standard.
The FHWA acknowledges that there is not a history of unanimous support
for ISO 15118; however, FHWA views the prevailing trend of the domestic
EV market's reference for ISO 15118 as evidence that it provides an
appropriate standard to reference in the proposed rule.\21\ The FHWA
requests comment on the proposed reference to ISO 15118 and requests
information about any other known standards that could be referenced in
place of ISO 15118 while maintaining a seamless, uniform, and
consistent experience across the national network. The FHWA also
requests comment on whether a performance standard (i.e., a standard
that requires outcomes rather than specifying a specific means to an
end) would be more appropriate and, if so, what such a performance
standard might look like.
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\21\ List of automaker members of CharIN, the industry
consortium implementing ISO 15118 as the basis for a variety of
charging technologies, including DC and AC conductive charging:
Community--CharIN, List of CharIN members testing their
implementations of CCS, including parts of ISO 15118, as of November
2021: charin_testival_na_2021_press-release.pdf.
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Section 680.110 Traffic Control Devices or On-Premises Signs Acquired,
Installed or Operated
This section proposes that minimum standards and requirements
regarding traffic control devices and on-premise signage would be set
by existing applicable regulations in 23 CFR part 655 and 23 CFR part
750 for NEVI Formula Program projects and projects for the construction
of publicly accessible EV charging infrastructure funded under title
23, United States Code. These established regulations cover the traffic
signs, signals, and pavement markings as well as directional and
official signs adjacent to Interstates and the Federal-aid primary
system (respectively). The FHWA is in the process of updating the
Manual on Uniform Traffic Control Devices (MUTCD), which is governed by
23 CFR part 655, through a parallel rulemaking.\22\ While the MUTCD is
being updated, it currently does allow for and outlines requirements
for EV charging signs.
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\22\ https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202110&RIN=2125-AF85.
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Section 680.112 Data Submittal
This section would outline the minimum data submittal requirements
particular only to NEVI Formula Program projects. Section 680.112 would
not apply to other EV charging projects funded through title 23, United
States Code. The proposed data submittal requirements in Sec. 680.112
include quarterly data submittal requirements (Sec. 680.112(b)),
annual data submittal requirements (Sec. 680.112(c)), and a
requirement to create an annual community engagement outcomes report
(Sec. 680.112(d)). Throughout this section, FHWA proposes that States
ensure data are properly collected, maintained, and submitted in a
prescribed format. The FHWA is proposing that the data collected
through Sec. 680.112 will be coordinated and maintained by the Joint
Office. The FHWA will work with the Joint Office on ways to provide
State DOTs with resources to facilitate the data collection and
submission, which could include an online data portal, instructions for
data formatting, standard reporting templates and automating data
collection from charging network providers. The data management role of
the Joint Office is consistent with the 26th proviso of paragraph (2)
under the ``Highway Infrastructure Program'' heading in title VIII of
division J of
[[Page 37272]]
Public Law 117-585858, which states that one of the responsibilities of
the Joint Office is ``data sharing of installation, maintenance, and
utilization in order to continue to inform the network build out of
zero emission vehicle charging and refueling infrastructure.''
Section 680.112(b) proposes that charging station use, reliability,
and maintenance data be collected quarterly. These proposed quarterly
data submittals would include data describing basic operations and
usage of each charging station such as data that identify charging
station locations, charging session metrics, and how much energy has
been dispensed per port. Section 680.112(b) also outlines the proposed
collection of maintenance and reliability data, such as charging
station uptime, the total monthly cost of electricity that the charging
station operator must pay to operate on a charging station each month
(including demand charges, energy charges [$/kWh], fixed charges,
taxes, and all other fees), and the monthly maintenance and repair
costs per charging station. Where monthly data is utilized, this data
would be required per month for each of the previous three months,
provided every quarter.
The FHWA also proposes to require the collection and submittal of
charging station construction and charger installation data on a
quarterly basis. The proposed regulation would require the submittal of
detailed costs, such as the EVSE acquisition and installation costs,
details about distributed energy resource acquisition and installation,
and grid connection and upgrade costs paid by the charging station
operator. Grid connection and upgrade data submittals would only be
required specific to the costs on the utility side of the electric
meter. Where distributed energy resources are involved, additional data
is proposed for submittal regarding distributed energy resource
capacity per charging station. The type of data proposed for collection
through Sec. 680.112(b) is consistent with the description in BIL of
the data the Joint Office is responsible for coordinating.
Through Sec. 680.112(c), FHWA proposes to require the collection
of three datasets on an annual basis. Proposed data requirements
include identifying information for the organizations that operate,
maintain and install the EVSE and whether these organizations
participate in State or local business opportunity certification
programs such as programs for minority-owned businesses, Veteran-owned
businesses, woman-owned businesses, and/or businesses owned by
economically disadvantaged individuals for private entities. These
datasets are generally more static and require less frequent updates
than the proposed data required through Sec. 680.112(b).
Finally, Sec. 680.112(d) would require the creation of a community
engagement outcomes report to document, on an annual basis, the
community engagement activities conducted in compliance with a State's
approved State EV Infrastructure Deployment Plan (these Plans are
described in the NEVI Formula Program Guidance, released February 10,
2022). This annual report would document adherence to the community
engagement methodology described in approved Plans and would allow
States to analyze feedback from the public regarding both successes and
opportunities for improvement in NEVI Formula Program implementation.
The community engagement plan would allow States to assess ways to
improve future NEVI Formula Program projects, thus adapting and
protecting future Federal investments.
The proposed regulation would serve an important coordination role
by standardizing submissions of large amounts of data from the types of
charging stations funded by the NEVI Formula Program across the United
States. The proposed regulation would provide the Joint Office with the
data needed to create the public EV charging database outlined in BIL.
If the data proposed in Sec. 680.112 were not submitted as requested,
FHWA and States would be unable to meet intended Program implementation
objectives outlined in BIL, such as the sharing of installation,
maintenance, and utilization data in order to continue to inform the
network build out of zero emission vehicle charging and refueling
infrastructure.
The PRIA identifies benefits and costs associated with requirements
proposed through Sec. 680.112. While the data submittals will play a
key role in assisting FHWA and the Joint Office in both communicating
information to consumers and monitoring the effectiveness of the NEVI
Formula Program, FHWA recognizes that data collection, maintenance, and
submittal can incur large costs for States. The FHWA has included an
estimate of burden hours for this data collection under the Paperwork
Reduction Act of 1995 section below and is requesting comment on the
number of burden hours associated with this collection. The FHWA
requests comment on the frequency of data collection and whether the
quarterly and annual timeframes are appropriate.
Section 680.114 Charging Network Connectivity of Electric Vehicle
Charging Infrastructure
The FHWA proposes to set minimum standards for the charging network
connectivity of EV charging infrastructure to include charging network
communication, charging network-to-charging network communication, and
charging network-to-grid communication.
Section 680.114(a) outlines several minimum standards for charger-
to-charging network communication. These proposed standards reference
the Open Charge Point Protocol (OCPP), which is an industry standard
that is designed to work in tandem with ISO 15118 to enable smart
charge management and Plug and Charge communications protocols. The
Open Charge Alliance upholds OCPP specifically to address interoperable
communication standards between chargers charging networks. As stated
in the discussion regarding Sec. 680.108, FHWA recognizes that smart
charge management and Plug and Charge are newer technological
capabilities not yet widely adopted in the industry and, as such,
proposed regulations would require the capability to support these
methods through compliance with OCPP, rather than requiring these
methods outright. The FHWA recognizes that OCPP is a widely used
industry standard for EV charger communication but solicits comments
regarding the reference to OCPP and requests information on any
alternative standards, including whether a performance standard would
be more appropriate and, if so, what such a performance standard might
look like.
Several of these minimum standards also help address cybersecurity
threats for assets monitored and maintained from remote locations.
Covered in this section are requirements that chargers use a secure
communication method; that they can receive secure remote software
monitoring, management, and updates; and that they can conduct secure
real-time authentication and authorization. The standardization of
communications protocols proposed through requirements in Sec.
680.114(a) not only facilitate ease of secure remote charger station
monitoring and management consistent with existing market standards,
but also help mitigate against the installation of stranded assets
whereby a charger installed by one company can easily be operated by
another should the first voluntarily or involuntarily abandon
operations of those chargers at that location. The FHWA retains a keen
interest in
[[Page 37273]]
protecting Federal investments; therefore, by helping to avoid
stranding assets, the proposed regulation helps to ensure that EVSE is
usable by the public throughout the timeframe of the equipment's'
useful lives.
Other charger-to-charging network minimum standards proposed under
Sec. 680.114(a) concern data collection to include a proposed
requirement that chargers and charging networks securely measure,
communicate, store and report real-time data to support the data
submittal requirements outlined in Sec. Sec. 680.112 and 680.116.
The FHWA proposes to include a requirement in Sec. 680.114(b)
that, where credential-based electric charge initiation or payment is
implemented, charging networks be capable of communicating with other
charging networks to enable customers to use a single credential
regardless of the charging network responsible for a charging station.
Finally, Sec. 680.114(c) proposes to require that charging
networks be capable of secure communication with electric utilities,
other energy providers, or local energy management systems. This
proposed requirement addresses cybersecurity threats to the electric
grid while facilitating a collaborative market environment across
private industry and utilities to enable ease of charging. The FHWA
requests information about highly regarded EV charging cybersecurity
and security resources in order to identify further potential specific
associated protocols and standards to include in the final rule.
Section 680.116 Information on Publicly Available Electric Vehicle
Charging Infrastructure Locations, Pricing, Real-Time Availability, and
Accessibility Through Mapping Applications
The FHWA proposes to establish minimum standards and requirements
for chargers to communicate their status with consumers and third-party
mapping applications. Section 680.116(a) proposes several requirements
regarding the communication, display, and structure of the pricing for
electrical charging. Chargers would be required to display and base the
price of electrical charge in $/kWh. The FHWA is aware that several
States restrict the ability to display charge in $/kWh; therefore, FHWA
requests comments on how to best require the display and base the price
of electrical charge in those States, seeking specific comment on
whether $/minute, $/mile, or some other display and base should be
considered. Additional pricing requirements would outline how chargers
communicate real-time pricing to include proposed requirements
regarding the display of pricing and access to information about price
structure, including whether providers impose dwell-time fees or
additional fees in addition to the price for electricity. The FHWA
specifically requests comments on whether additional fees should be
allowed or encouraged. These proposed minimum requirements are meant to
ensure that consumers can have standard expectations for understanding
pricing across the entire national EV charging network. The FHWA also
requests comments on whether there are factors that could be considered
to avoid an instance of charging the consumer too high a price for
electric vehicle charging, especially when demands are high and
supplies are limited (sometimes also referred to as price gouging).
Section 680.116(b) also proposes a minimum annual uptime
requirement of greater than 97 percent for the charging ports. Comments
from the RFI indicated that a minimum uptime requirement is highly
desired both from a government and a consumer perspective. Comments
also indicated that minimum uptime requirements currently in place for
existing EV chargers can range from not specifying a number to
requiring 95-99 percent uptime. The FHWA proposes an uptime requirement
of at least 97 percent in an effort to provide a reliable national
network for EV charging. The FHWA proposes to require that uptime be
available as a dataset submitted quarterly (see Sec.
680.112(b)(2)(iii)) and retained for historical review (see Sec.
680.114(a)(4)).
Uptime is calculated for the time when a charger's hardware and
software are both online and available for use, or in use, and the
charging port successfully dispenses electricity as expected. For the
purposes of the required minimum uptime calculation, FHWA proposes that
charging port uptime must be calculated on a quarterly basis for the
previous 12 months. Charging port uptime percentage would be calculated
using the equation [mu]= ((8760-(T_outage-T_excluded))/8760) x 100
where [mu] = port uptime percentage, T_outage = total hours of outage
in previous year, and where T_excluded = total hours of outage in
previous year for reasons outside the charging station operator's
control, such as electric utility service interruptions, internet or
cellular service provider interruptions, and outages caused by the
vehicles, provided that the Charging Station Operator can demonstrate
that the charging port would otherwise be operational.
Third-party mapping applications play an important role for
consumers by communicating real-time and geolocated information.
Recognizing this important role, FHWA proposes in Sec. 680.116(c) that
States ensure several data are made available, free of charge, to third
party software developers, via application programming interface.
Many of the data proposed for collection through Sec. 680.116(c)
are currently being coordinated through the Alternative Fuel Data
Center (AFDC).\23\ The AFDC collects data through robust data mining
and submission requests from a diversity of sources to include trade
media, Clean Cities coordinators, the AFDC website, charging station
owners, original equipment manufacturers (OEMs), and industry groups.
By proposing to require these data, the proposed regulation would
provide an ancillary benefit to another federally funded program by
streamlining the data collection burden on the AFDC and thus enabling
the AFDC services to be more immediately responsive to real-time
updates to provide more accurate information to the public.
---------------------------------------------------------------------------
\23\ Alternative Fuels Data Center: Alternative Fueling Station
Locator (energy.gov).
---------------------------------------------------------------------------
Included in this list of data are several static data entries
(i.e., data entries that will rarely change), such as basic charger
station descriptive information. This includes a requirement to
identify the number of charging ports accessible to persons with
disabilities at each charging station. The accessibility of charging
ports is of particular interest to the FHWA in identifying compliance
with the American Disabilities Act of 1990 (ADA) and promoting
equitable access to EV charging. The results of this data field will
also help communicate the availability of chargers for those with
disabilities through real-time internet searches.
The FHWA also proposes to require the availability to third party
software developers of two real-time datasets updated at a frequency
that meets reasonable expectations. The two real-time datasets proposed
to be required by Sec. 680.116(c) include real-time status of each
charging port and real-time price to charge. The proposed real-time
dataset requirements reference the Open Charge Point Interface (OPCI)
2.2, which defines the standardized content and format of data needed
to communicate status and price. The FHWA acknowledges that there are
other references that chargers could use to communicate status and
price to charge,
[[Page 37274]]
but OPCI 2.2 is widely used within the EV charging industry. The FHWA
anticipates that consumers will need these real-time data to make
decisions as to where and when to charge along the national EV charging
network. The FHWA solicits comments regarding the reference to OCPI and
requests information on any alternative standards, including whether a
performance standard would be more appropriate and, if so, what such a
performance standard would look like.
Section 680.118 Other Federal Requirements
This section would direct NEVI Formula Program projects and
projects for the construction of publicly accessible EV charging
infrastructure funded under title 23, United States Code to existing
applicable requirements under chapter 1 of title 23, United States
Code, 2 CFR part 200, and 23 CFR parts 35 and 36.
Section 680.120 Reference Manuals
The FHWA recognizes the value to the EV charging community of
several cited resources to include ISO 15118, Open Charge Point
Protocol (OCPP), and Open Charge Point Interface 2.2. The FHWA proposes
that Sec. 680.120 would incorporate ISO 15118, Open Charge Point
Protocol (OCPP), and Open Charge Point Interface 2.2 by reference.
Discussion Under 1 CFR Part 51
The documents that FHWA is proposing to incorporate by reference
are reasonably available to interested parties, primarily State DOTs
and local agencies carrying out Federal-aid highway projects. These
documents represent recent refinements that professional organizations
have formally accepted. The documents are also available for review at
FHWA Headquarters or may be obtained online. The specific standards and
specifications are summarized below.
Open Charge Point Interface (OCPI) 2.2.1
This protocol defines communication between charging network
providers, charging station operators, and other entities to improve
the EV charging customer experience. The OCPI's primary purpose is to
allow roaming, so EV charging customers can use a single credential at
charging stations operated by different charging station operators and/
or charging network providers. This requires the automated exchange of
information, such as identity authentication, charging session
authorization, and charging session billing, between charging network
providers and charging station operators. The OCPI also defines data
content and format to allow these entities to share information about
charging stations, such as price, location, and real-time status.
The OCPI is an open protocol with no cost or licensing
requirements. The document describing the protocol is made accessible
to the general public through the website of its sponsoring
organization, EVRoaming Foundation. Changes in version 2.2.1 include
addition of data fields such as country code, efficiency improvements,
and addition of error messages.
The material may be obtained from the EVRoaming Foundation at
https://www.evroaming.org.
International Organization for Standardization (ISO) 15118
Officially titled Electric Road Vehicles: Road Vehicles--Vehicle to
Grid Communication Interface, this standard defines the communication
between an EV and a charger to allow EV charging through the CCS
connector interface or other means of coupling an EV with a charger.
The standard consists of six published and active parts, named as
follows: ISO 15118-1: General information and use-case definition; ISO
15118-2: Network and application protocol requirements; ISO 15118-3:
Physical and data link layer requirements; ISO 15118-4: Network and
application protocol conformance test; ISO 15118-5: Physical and data
link layer conformance test; and ISO 15118-8: Physical layer and data
link layer requirements for wireless communication. Each part is
updated and published independently, following change management
processes defined by ISO.
Use cases defined in the standard include automated charging
customer identification and authorization via Plug and Charge,\24\
manual charging customer identification and authorization via RFID card
or other method, AC and DC wired charging, and smart charge management.
The ISO 15118-1 was updated in 2019 to include use cases for wireless
charging, bidirectional power transfer allowing the EV to provide
energy to the grid, and electric bus charging via overhead charging
devices called pantographs. Charger and EV manufacturers and other
industry stakeholders collaborate on the development of the standard
but implement the standard independently.
---------------------------------------------------------------------------
\24\ The basics of Plug & Charge [verbar] Switch (switch-ev.com).
---------------------------------------------------------------------------
The material may be obtained from the International Organization
for Standardization at https://www.iso.org/contact-iso.html.
Open Charge Point Protocol (OCPP) 2.0.1
This protocol provides a method of communication between any type
of charger and a charging network to allow remote monitoring and
management of one or many chargers. The OCPP is an open protocol with
no cost or licensing requirements. Instruction documents and software
code for implementing the protocol are made accessible to the general
public through the website of its sponsoring organization, Open Charge
Alliance. Chargers that conform to OCPP can communicate with any OCPP-
compliant charging network. This allows the charging station operators
that own the chargers to choose between multiple charging network
providers.
The OCPP 2.0.1 was released in March 2020. It made improvements
over version 2.0 in the areas of security, compatibility with ISO 15118
related to Plug and Charge, smart charge management, and the
extensibility of OCPP. Version 2.0.1 also enhanced capabilities related
to charger monitoring, transaction handling, and display of information
such as pricing to customers.
The material can be obtained from Open Charge Alliance at https://www.openchargealliance.org.
Society of Automotive Engineers (SAE) J1772
This standard, officially titled SAE Surface Vehicle Recommended
Practice J1772, SAE Electric Vehicle and Plug in Hybrid Electric
Vehicle Conductive Charge Coupler, defines the charging connector
interface between an EV and a charger. It specifies the physical,
electrical, and communication requirements of the connector and mating
vehicle inlet for both AC Level 2 and DC fast charging. The October
2017 version of the standard refined language, corrected errors found
in the previous version, and updated information to reflect the
addition of higher-power-capacity DC charging. The standard can be
purchased from the sponsoring organization, SAE International at
https://www.sae.org.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
The Office of Management and Budget (OMB) has determined that the
proposed rule would be a significant
[[Page 37275]]
regulatory action within the meaning of E.O. 12866.
The preliminary regulatory impact analysis (PRIA) supports this
proposed regulation and estimates the costs and benefits associated
with establishing minimum standards and requirements. All of the topics
for the minimum standards and requirements are required by BIL. To
estimate these costs, the PRIA compared the costs and benefits of
proposed provisions to the costs and benefits of the options States
would likely choose for their own EVSE programs in the absence of the
rule. In many cases, the analysis found that States would likely choose
the same requirements that are found in the proposed rule. While many
of the costs and benefits in the proposed rule are difficult to
quantify, FHWA believes that the benefits justify the costs. The full
regulatory impact analysis is available in the docket.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), FHWA has evaluated the effects of this proposed rule
on small entities and has determined that it is not anticipated to have
a significant economic impact on a substantial number of small
entities. The proposed rule would impact directly State governments,
which are not included in the definition of small entity set forth in 5
U.S.C. 601. Small entities that may be impacted indirectly by a
rulemaking are not subject to analysis under the Regulatory Flexibility
Act, see Mid-Tex Electric Cooperative, Inc. v. Federal Energy
Regulatory Commission, 773 F.2d 327 (D.C. Cir 1985). Therefore, FHWA
certifies that the proposed rule will not have a significant economic
impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48).
This proposed rule would not result in the expenditure by State, local,
and Tribal governments, in the aggregate, or by the private sector, of
$168 million or more in any one year (2 U.S.C. 1532). In addition, the
definition of ``Federal Mandate'' in the Unfunded Mandates Reform Act
excludes financial assistance of the type in which State, local, or
Tribal governments have authority to adjust their participation in the
program in accordance with changes made in the program by the Federal
Government. The Federal-aid highway program permits this type of
flexibility.
Executive Order 13132 (Federalism Assessment)
This proposed rule has been analyzed in accordance with the
principles and criteria contained in E.O. 13132, and FHWA has
determined that this proposed rule would not have sufficient federalism
implications to warrant the preparation of a federalism assessment. The
FHWA also has determined that this proposed rule would not preempt any
State law or State regulation or affect the States' ability to
discharge traditional State governmental functions.
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. The FHWA has
determined that this proposal contains collection of information
requirements for the purposes of the PRA. This proposed rule identifies
minimum standards and requirements for the implementation of NEVI
Formula Program projects and projects for the construction of publicly
accessible EV chargers that are funded with funds made available under
title 23, United States Code. The collection of quarterly, annual, and
real-time data in support of 23 CFR 680.112(b), 23 CFR 680.112(c), 23
CFR 680.112(d), and 23 CFR 680.116(c) is covered by OMB Control No.
2125-XXXX.
The FHWA has analyzed this proposed rule under the PRA and has
determined the following:
Respondents: 52 State DOTs.
Frequency: Quarterly reporting (23 CFR 680.112(b)). Annual
reporting (23 CFR 680.112(c) and 23 CFR 680.112(d)). Real-time
reporting (23 CFR 680.116(c)).
Estimated Average Burden per Response: Approximately 58 hours
annually to complete, maintain, and submit requested data.
Estimated Total Annual Burden Hours: Approximately 3,016 hours
annually.
FHWA invites interested persons to submit comments on any aspect of the
information collection in this NPRM.
National Environmental Policy Act
The FHWA has analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
has determined that it is categorically excluded under 23 CFR
771.117(c)(20), which applies to the promulgation of rules,
regulations, and directives. Categorically excluded actions meet the
criteria for categorical exclusions under the Council on Environmental
Quality regulations and under 23 CFR 771.117(a) and normally do not
require any further NEPA approvals by FHWA. This proposed rule would
establish a regulation on minimum standards and requirements for the
NEVI Formula Program as directed by BIL to provide funding to States to
strategically deploy EV charging infrastructure and to establish an
interconnected network to facilitate data collection, access, and
reliability. The FHWA does not anticipate any adverse environmental
impacts from this proposed rule; no unusual circumstances are present
under 23 CFR 771.117(b).
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this proposed rule in accordance with the
principles and criteria contained in E.O. 13175, ``Consultation and
Coordination with Indian Tribal Governments.'' The proposed rule would
establish a regulation on minimum standards and requirements for the
NEVI Formula Program to provide funding to States to strategically
deploy EV charging infrastructure and to establish an interconnected
network to facilitate data collection, access, and reliability. This
measure applies to States that receive title 23 Federal-aid highway
funds, and it would not have substantial direct effects on one or more
Indian Tribes, would not impose substantial direct compliance costs on
Indian Tribal governments, and would not preempt Tribal laws.
Accordingly, the funding and consultation requirements of E.O. 13175 do
not apply and a Tribal summary impact statement is not required.
Executive Order 12898 (Environmental Justice)
E.O. 12898 requires that each Federal agency make achieving
environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of its programs, policies, and
activities on minorities and low-income populations. The FHWA has
determined that this proposed rule does not raise any environmental
justice issues.
Regulation Identifier Number
A RIN is assigned to each regulatory action listed in the Unified
Agenda of Federal Regulations. The Regulatory Information Service
Center publishes
[[Page 37276]]
the Unified Agenda in April and October of each year. The RIN contained
in the heading of this document can be used to cross reference this
action with the Unified Agenda.
List of Subjects in 23 CFR Part 680
Grant programs--transportation, Highways and roads, Incorporation
by reference, Reporting and recordkeeping requirements, Transportation.
Issued under authority delegated in 49 CFR 1.81 and 1.85.
Stephanie Pollack,
Deputy Administrator, Federal Highway Administration.
0
In consideration of the foregoing, FHWA proposes to amend Title 23,
Code of Federal Regulations by adding part 680, to read as follows:
PART 680--NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE FORMULA PROGRAM
Sec.
680.100 Purpose.
680.102 Applicability.
680.104 Definitions.
680.106 Installation, Operation, and Maintenance by Qualified
Technicians of Electric Vehicle Charging Infrastructure.
680.108 Interoperability of Electric Vehicle Charging
Infrastructure.
680.110 Traffic Control Devices or On-Premises Signs Acquired,
Installed or Operated.
680.112 Data Submittal.
680.114 Charging Network Connectivity of Electric Vehicle Charging
Infrastructure.
680.116 Information on Publicly Available Electric Vehicle Charging
Infrastructure Locations, Pricing, Real-Time Availability, and
Accessibility Through Mapping Applications.
680.118 Other Federal Requirements.
680.120 Reference Manuals.
Authority: Public Law 117-58, title VIII of division J; 23
U.S.C. 109, 23 U.S.C. 315.
Sec. 680.100 Purpose.
The purpose of these regulations is to prescribe minimum standards
and requirements for projects funded under the National Electric
Vehicle Infrastructure (NEVI) Formula Program and projects for the
construction of publicly accessible electric vehicle (EV) chargers that
are funded with funds made available under title 23, United States
Code.
Sec. 680.102 Applicability.
Except where noted, these regulations apply to all NEVI Formula
Program projects as well as projects for the construction of publicly
accessible EV chargers that are funded with funds made available under
title 23, United States Code.
Sec. 680.104 Definitions.
AC Level 2 means a charger that uses a 240-volt alternating-current
(AC) electrical circuit to deliver electricity to the EV.
Alternative Fuel Corridor (AFC) means national EV charging and
hydrogen, propane, and natural gas fueling corridors designated by FHWA
pursuant to 23 U.S.C. 151.
CHAdeMO means a type of protocol for a charging connector interface
between an EV and a charger (see www.chademo.com). It specifies the
physical, electrical, and communication requirements of the connector
and mating vehicle inlet for direct-current (DC) fast charging. It is
an abbreviation of ``charge de move'', equivalent to ``charge for
moving.''
Charger means a device with one or more charging ports and
connectors for charging EVs.
Charging network means a collection of chargers located on one or
more property(ies) that are connected via digital communications to
manage the facilitation of payment, the facilitation of electrical
charging, and any related data requests.
Charging Network Provider means the entity that operates the
digital communication network that remotely manages the chargers.
Charging Network Providers may also serve as Charging Station Operators
and/or manufacture chargers.
Charging port means the system within a charger that charges one
(1) EV. A charging port may have multiple connectors, but it can only
provide power to charge one EV through one connector at a time.
Charging station means the area in the immediate vicinity of a
group of chargers and includes the chargers, supporting equipment,
parking areas adjacent to the chargers, and lanes for vehicle ingress
and egress. A charging station could comprise only part of the property
on which it is located.
Charging Station Operator means the entity that operates and
maintains the chargers and supporting equipment and facilities at one
or more charging stations. This is sometimes called a Charge Point
Operator (CPO). In some cases, the Charging Station Operator and the
Charging Network Provider are the same entity.
Combined Charging System (CCS) means a standard connector interface
that allows direct current fast chargers to connect to, communicate
with, and charge EVs.
Community means either a group of individuals living in geographic
proximity to one another, or a geographically dispersed set of
individuals (such as individuals with disabilities, migrant workers or
Native Americans), where either type of group experiences common
conditions.
Connector means the device that attaches EVs to charging ports in
order to transfer electricity.
Contactless payment methods means a secure method for consumers to
purchase services using a debit, credit, smartcard, or another payment
device by using radio frequency identification (RFID) technology and
near-field communication (NFC).
Direct Current Fast Charger (DCFC) means a charger that uses a 3-
phase, 480-volt alternating-current (AC) electrical circuit to enable
rapid charging through delivering a direct-current (DC) electricity to
the EV.
Disadvantaged communities (DACs) mean census tracts or communities
with common conditions identified by the U.S. Department of
Transportation and the U.S. Department of Energy that consider
appropriate data, indices, and screening tools to determine whether a
specific community is disadvantaged based on a combination of variables
that may include, but are not limited to, the following: low income,
high and/or persistent poverty; high unemployment and underemployment;
racial and ethnic residential segregation, particularly where the
segregation stems from discrimination by government entities;
linguistic isolation; high housing cost burden and substandard housing;
distressed neighborhoods; high transportation cost burden and/or low
transportation access; disproportionate environmental stressor burden
and high cumulative impacts; limited water and sanitation access and
affordability; disproportionate impacts from climate change; high
energy cost burden and low energy access; jobs lost through the energy
transition; and limited access to healthcare.
Distributed energy resource means small, modular, energy generation
and storage technologies that provide electric capacity or energy where
it is needed.
Electric vehicle (EV) means an automotive vehicle that is either
partially or fully powered on electric power.
Electric Vehicle Infrastructure Training Program (EVITP) refers to
a comprehensive training program for the installation of electric
vehicle supply equipment. For more information, refer to https://evitp.org/.
Electric vehicle supply equipment (EVSE) See definition of a
charger.
Open charge point protocol means an open-source communication
protocol that governs the communication
[[Page 37277]]
between chargers and the charging networks that remotely manage the
chargers.
Open charge point interface means an open-source communication
protocol that governs the communication between multiple charging
networks, other communication networks, and software applications to
provide information and services for EV drivers.
Plug and charge means a method of initiating charging, whereby an
EV charging customer plugs a connector into their vehicle and their
identity is authenticated, a charging session initiates, and a payment
is transacted automatically, without any other customer actions
required at the point of use.
Private entity means a corporation, partnership, company, other
nongovernmental entity, or nonprofit organization.
Secure payment method means a type of payment processing that
ensures a user's financial and personal information is protected from
fraud and unauthorized access.
Smart charge management means controlling the amount of power
dispensed by chargers to EVs to meet customers' charging needs while
also responding to external power demand signals to provide load
management or resilience benefits to the electric grid.
State EV Infrastructure Deployment Plan means the plan submitted to
the FHWA by the State describing how it intends to use its apportioned
NEVI Formula Program funds.
Sec. 680.106 Installation, operation, and maintenance by qualified
technicians of electric vehicle charging infrastructure.
(a) Procurement Process Transparency for the Operation of EV
Charging Stations.
(1) Applicability. This section applies only to NEVI Formula
Program projects for the operation of EV charging stations where price
setting involves a third party.
(2) Transparency. Agencies shall ensure public transparency for how
the price will be determined and set for EV charging and make available
for public review the following:
(i) Summary of the procurement process used;
(ii) Number of bids received;
(iii) Identification of the awardee;
(iv) Proposed contract to be executed with the awardee;
(v) Financial summary of contract payments suitable for public
disclosure including price and cost data, in accordance with State law;
and
(vi) Any information describing how prices for EV charging are to
be set under the proposed contract, in accordance with State law.
(b) Number of chargers.--(1) Applicability. This section applies
only to NEVI Formula Program projects.
(2) Number. Charging stations must have at least four charging
network-connected Direct Current Fast Charger (DCFC) ports and be
capable of simultaneously charging at least four EVs.
(c) Connector type. All non-proprietary charging connectors must
meet applicable industry standards. Each DCFC charging port must have a
permanently attached Combined Charging System (CCS) Type 1 connector
and must charge any CCS-compliant vehicle. For NEVI projects using FY22
funds, one or more DCFC charging port(s) may also have a permanently
attached CHAdeMO connector (see www.chademo.com). Each AC Level 2
charging port must have a permanently attached J1772 (incorporated by
reference, see Sec. 680.120) connector and must charge any J1772-
compliant vehicle. One or more DCFC charging port(s) may also have a
permanently attached proprietary connector.
(d) Power level. (1) Maximum power per DCFC charging port must be
at or above 150 kilowatt (kW). Each charging station must be capable of
providing at least 150 kW per charging port simultaneously across all
charging ports. DCFC must supply power according to an EV's power
delivery request up to 150 kW. DCFC may participate in smart charge
management programs so long as each charging port continues to meet an
Electric Vehicle's request for power up to 150 kW.
(2) Maximum power per AC Level 2 charging port must be at or above
6 kW and the charging station must be capable of providing at least 6
kW per port simultaneously across all AC ports. AC Level 2 chargers may
participate in smart charge management programs so long as each
charging port continues to meet an Electric Vehicle's demand for power
up to 6 kW.
(e) Availability. Charging stations must be available for use and
sited at locations physically accessible to the public 24 hours per
day, seven days per week, year-round. This section does not prohibit
isolated or temporary interruptions in service or access due to
maintenance or repairs.
(f) Payment methods. (1) Charging stations must provide for secure
payment methods, accessible to persons with disabilities, which at a
minimum shall include a contactless payment method that accepts major
debit and credit cards, and Plug and Charge payment capabilities using
the ISO 15118 standard (incorporated by reference, see Sec. 680.120);
(2) Charging station operators must not require a membership for
use;
(3) Charging stations must not delay, limit, or curtail power flow
to vehicles on the basis of payment method or membership; and
(4) Charging station payment instructions must provide multilingual
access and accessibility for people with disabilities.
(g) Equipment certification. States must ensure that all EVSE are
certified by an Occupational Safety and Health Administration
Nationally Recognized Testing Laboratory and that all AC Level 2 EVSE
are ENERGY STAR certified.
(h) Security. States must implement physical and cybersecurity
strategies consistent with their respective State EV Infrastructure
Deployment Plans to mitigate charging infrastructure, grid, and
consumer vulnerability associated with the operation of charging
stations.
(1) Physical security strategies may address lighting, siting,
driver and vehicle safety, fire prevention, tampering, charger locks,
and illegal surveillance of payment devices.
(2) Cybersecurity strategies may address user identity and access
management, selection of appropriate encryption systems, intrusion and
malware detection, event logging and reporting, management of software
updates, and secure operation during communication outages.
(i) Long-term stewardship. States must ensure that EVSE is
maintained in compliance with NEVI standards for a period of not less
than 5 years from the date of installation.
(j) Qualified technician. States shall ensure that the workforce
installing, maintaining, and operating EVSE has appropriate licenses,
certifications and training to ensure that the installation and
maintenance of EVSE is performed safely by a qualified and increasingly
diverse workforce of licensed technicians and other laborers. Further:
(1) Except as provided in paragraph (j)(2) of this section, all
electricians installing, operating, or maintaining ESVE must meet one
of the following requirements:
(2) Certification from the Electric Vehicle Infrastructure Training
Program (EVITP).
(3) Graduation from a Registered Apprenticeship Program for
electricians that includes EVSE-specific training and is developed as a
part of a national guideline standard approved by the Department of
Labor in consultation with the Department of Transportation.
[[Page 37278]]
(4) For projects requiring more than one electrician, at least one
electrician must meet the requirements above, and at least one
electrician must be enrolled in an electrical registered apprenticeship
program.
(5) All other onsite, non-electrical workers directly involved in
the installation, operation, and maintenance of EVSE must have
graduated from a registered apprenticeship program or have appropriate
licenses, certifications, and training as required by the State.
(k) Customer service. States must ensure that EV charging customers
have mechanisms to report outages, malfunctions, and other issues with
charging infrastructure. States must comply with the American with
Disabilities Act of 1990 requirements and multilingual access when
creating reporting mechanisms.
(l) Customer data privacy. Charging Station Operators must collect,
process, and retain only that personal information strictly necessary
to provide the charging service to a consumer, including information to
complete the charging transaction and to provide the location of
charging stations to the consumer. Charging Stations Operators must
also take reasonable measures to safeguard consumer data.
(m) Use of program income. (1) Any net income from revenue from the
sale, use, lease, or lease renewal of real property acquired with NEVI
Formula Program funds shall be used for title 23, United States Code,
eligible projects.
(2) For purposes of program income or revenue earned from the
operation of an EV charging station, the State DOT should ensure that
all revenues received from operation of the EV charging facility are
used only for:
(i) Debt service with respect to the EV charging station project,
including funding of reasonable reserves and debt service on
refinancing;
(ii) A reasonable return on investment of any private person
financing the EV charging station project, as determined by the State
DOT;
(iii) Any costs necessary for the improvement and proper operation
and maintenance of the EV charging station, including reconstruction,
resurfacing, restoration, and rehabilitation;
(iv) If the EV charging station is subject to a public-private
partnership agreement, payments that the party holding the right to the
revenues owes to the other party under the public-private partnership
agreement; and
(v) Any other purpose for which Federal funds may be obligated
under this title 23, United States Code.
Sec. 680.108 Interoperability of electric vehicle charging
infrastructure.
Charger-to-EV communication. Chargers must conform to ISO 15118
(incorporated by reference, see Sec. 680.120) to communicate with CCS-
compliant vehicles that have implemented ISO 15118.
Sec. 680.110 Traffic control devices or on-premises signs acquired,
installed or operated.
(a) (a) Manual on Uniform Traffic Control Devices for Streets and
Highways. All traffic control devices must comply with 23 CFR part 655.
(b) On-premises signs. On-property or on-premise advertising signs
must comply with 23 CFR part 750.
Sec. 680.112 Data submittal.
(a) Applicability. This section applies only to NEVI Formula
Program projects.
(b) Quarterly data submittal. States must ensure the following
charging station use, cost, reliability, and maintenance data are
collected, maintained, and submitted on a quarterly basis in a manner
prescribed by the FHWA:
(1) Charging station location identifier that the following data
can be associated with;
(2) Charging session start time, end time, and successful session
completion (yes/no) by port;
(3) Energy (kWh) dispensed to EVs per session by port;
(4) Peak session power (kW) by port;
(5) Charging station uptime calculated in accordance with the
equation in Sec. 680.116(b) for each of the previous 3 months;
(6) Cost of electricity to operate per charging station in each of
the previous 3 months;
(7) Maintenance and repair cost per charging station for each of
the previous 3 months;
(8) Charging station real property acquisition cost, charging
equipment acquisition and installation cost, distributed energy
resource acquisition and installation cost, and grid connection and
upgrade cost on the utility side of the electric meter; and
(9) Distributed energy resource installed capacity, in kW or kWh as
appropriate, of asset by type (e.g., stationary battery, solar, etc.)
per charging station.
(c) Annual data submittal. States must ensure the following data
are collected, maintained, and submitted on an annual basis in a manner
prescribed by the FHWA for each charging station:
(1) The name, address and type of private entity involved in the
operation, maintenance, and installation of EVSE.
(2) For private entities identified in paragraph (c)(1) of this
section, identification of and participation in any state or local
business opportunity certification programs including but not limited
to minority-owned businesses, Veteran-owned businesses, woman-owned
businesses, and businesses owned by economically disadvantaged
individuals.
(d) Community engagement outcomes report. States must make publicly
available in a manner prescribed by the FHWA an annual report
describing the community engagement activities conducted as part of the
development and approval of their most recently-submitted State EV
Infrastructure Deployment Plan, including engagement with DACs. This
report should include community engagement type, date, number of
attendees, communities represented by attendees, and how information on
that engagement was reflected in the State's EV Infrastructure
Deployment Plan.
Sec. 680.114 Charging network connectivity of electric vehicle
charging infrastructure.
(a) Charger-to-Charger-Network communication. (1) Chargers must
communicate with a charging network via a secure communication method.
(2) Chargers must have the ability to receive and implement secure,
remote software updates and conduct real-time protocol translation,
encryption and decryption, authentication, and authorization in their
communication with charging networks.
(3) Charging networks must perform and chargers must support remote
charger monitoring, diagnostics, control, and smart charge management.
(4) Chargers and charging networks must securely measure,
communicate, store, and report energy and power dispensed, real-time
charging-port status, real-time price to the customer, and historical
charging-port uptime.
(5) Chargers must be capable of using Open Charge Point Protocol
(OCPP) (incorporated by reference, see Sec. 680.120) to communicate
with any Charging Network Provider.
(6) Chargers must be designed to securely switch Charging Network
Providers without any changes to hardware.
(b) Charging-Network-to-Charging-Network communication. A Charging
Network must be capable of communicating with other Charging Networks
to enable an EV driver to use a single credential to charge at Charging
Stations that are a part of multiple Charging Networks.
(c) Charging-Network-to-grid communication. Charging Networks
[[Page 37279]]
must be capable of secure communication with electric utilities, other
energy providers, or local energy management systems.
Sec. 680.116 Information on publicly available electric vehicle
charging infrastructure locations, pricing, real-time availability, and
accessibility through mapping applications.
(a) Communication of price. (1) Chargers must display and base the
price for electricity to charge in $/kWh.
(2) Price of charging displayed on the chargers and communicated
via the charging network must be the real-time price (i.e., price at
that moment in time). The price at the start of the session cannot
change during the session.
(3) Price structure including any other fees in addition to the
price for electricity to charge must be clearly explained via an
application or a website, with instructions for finding the information
posted in an accessible manner at the charging station.
(b) Minimum uptime. States must ensure that charging ports have an
average annual uptime of greater than 97%.
(1) A charging port is considered ``up'' when its hardware and
software are both online and available for use, or in use, and the
charging port successfully dispenses electricity as expected.
(2) Charging port uptime must be calculated on a quarterly basis
for the previous twelve months.
(3) Charging port uptime percentage must be calculated using the
following equation:
[mu] = ((8760-(T_outage-T_excluded))/8760) x 100
Where:
[mu] = port uptime percentage,
T_outage = total hours of outage in previous year, and
T_excluded = total hours of outage in previous year for reasons
outside the charging station operator's control, such as electric
utility service interruptions, internet or cellular service provider
interruptions and outages caused by the vehicles, provided that the
Charging Station Operator can demonstrate that the charging port
would otherwise be operational.
(c) Third-party data sharing. States must ensure that the following
data fields are made available, free of charge, to 3rd-party software
developers, via application programming interface:
(1) Charging station name or identifier;
(2) Address (city, state, and zip code) of the property where the
charging station is located;
(3) Global positioning system (GPS) coordinates in decimal degrees
of exact charging station location;
(4) Charging station operator name;
(5) Charging station phone number;
(6) Charging network provider name;
(7) Number of charging ports;
(8) Connector types available at each charging port;
(9) Maximum power level of each charging port;
(10) Power sharing by port (i.e., whether power sharing between
EVSEs is enabled);
(11) Date when charging station first became available for use;
(12) Pricing structure;
(13) Physical dimensions of the largest vehicle that can access a
charging port at the charging station;
(14) Payment methods accepted;
(15) Number of charging ports accessible to persons with
disabilities;
(16) Real-time status of each charging port, including
identification of whether a port is accessible to persons with
disabilities, in terms defined by Open Charge Point Interface 2.2
(incorporated by reference, see Sec. 680.120), updated at a frequency
that meets reasonable customer expectations;
(17) Real-time price to charge at each charging port, in terms
defined by Open Charge Point Interface 2.2 (incorporated by reference,
see Sec. 680.120), updated at a frequency that meets reasonable
customer expectations; and
(18) Station Status (Available or Planned).
Sec. 680.118 Other Federal requirements.
All applicable Federal statutory and regulatory requirements apply
to the EV charger projects. These requirements include, but are not
limited to:
(a) All statutory and regulatory requirements that are applicable
to funds apportioned under chapter 1 of title 23, United States Code,
and the requirement of 2 CFR part 200 apply. This includes the
applicable requirements of title 23, United States Code, and title 23,
Code of Federal Regulations, such as the applicable Buy America
requirements at section 313, of title 23 United States Code, and Build
America, Buy America Act (Pub. L. 117-58, div. G sections 70901-70927).
(b) As provided at 23 U.S.C. 109(s)(2), projects to install EV
chargers are treated as if the project is located on a Federal-aid
highway. As a project located on a Federal-aid highway, Section 113 of
title 23, United States Code, applies and Davis Bacon Federal wage rate
requirements included at subchapter IV of chapter 31 of title 40,
U.S.C., must be paid for any project funded with NEVI Formula Program
funds.
(c) The American with Disabilities Act of 1990 (ADA), and
implementing regulations, apply to EV charging stations by prohibiting
discrimination on the basis of disability by public and private
entities. EV charging stations must comply with applicable
accessibility standards adopted by the Department of Transportation
into its ADA regulations (49 CFR part 37) in 2006, and adopted by the
Department of Justice into its ADA regulations (28CFR parts 35 and 36)
in 2010.
(d) Title VI of the Civil Rights Act of 1964, and implementing
regulations, apply to this program to ensure that no person shall, on
the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance.
(e) All applicable requirements of Title VIII of the Civil Rights
Act of 1968 (Fair Housing Act), and implementing regulations, apply to
this program.
(f) The Uniform Relocation Assistance and Real Property Acquisition
Act, and implementing regulations, apply to this program by
establishing minimum standards for federally funded programs and
projects that involve the acquisition of real property (real estate) or
the displacement or relocation of persons from their homes, businesses,
or farms.
(g) The National Environmental Policy Act of 1969 (NEPA), the
Council on Environmental Quality's NEPA implementing regulations, and
applicable agency NEPA procedures apply to this program by establishing
procedural requirements to ensure that federal agencies consider the
consequences of their proposed actions on the human environment and
inform the public about their decision making for major Federal actions
significantly affecting the quality of the human environment.
Sec. 680.120 Reference manuals.
Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the U.S.
Department of Transportation (DOT) and at the National Archives and
Records Administration (NARA). Contact DOT: DOT Library, 1200 New
Jersey Avenue SE, Washington, DC 20590 in Room W12-300. For information
on the availability of these documents at NARA, email
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the
following sources:
[[Page 37280]]
(a) EVRoaming Foundation, Vondellaan 162, 3521 GH, Utrect--The
Netherlands, https://www.evroaming.org.
(1) Open Charge Point Interface (OCPI) 2.2.1, October 6, 2021, IBR
approved for Sec. 680.116(c)(16)-(17).
(2) [Reserved]
(b) International Organization for Standardization, Chemin de
Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland, +41 22 749 01
11, https://www.iso.org/contact-iso.html.
(1) International Classification for Standards Catalogue:
``Electric Road Vehicles: Road vehicles--Vehicle to grid communication
interface,'' 43.120.15118, Sections 1 (published 2019), 2 (published
2014), 3 (published 2015), 4 (published 2018), 5 (published 2018), and
8 (published 2020), IBR approved for Sec. 680.106(f)(1) and 680.108.
(2) [Reserved]
(c) Open Charge Alliance, Businesspark Arnhems Buiten, Utrechtseweg
310, Office Building B42, 6812 AR Arnhem--The Netherlands, tel: +31 26
312 0223, https://www.openchargealliance.org.
(1) Open Charge Point Protocol (OCPP) 2.0.1, March 31, 2020, IBR
approved for Sec. 680.114(a)(5).
(2) [Reserved]
(d) SAE International, 400 Commonwealth Drive, Warrendale, PA
15096, tel: (724) 776-4841; https://www.sae.org.
(1) SAE Electric Vehicle and Plug in Hybrid Electric Vehicle
Conductive Charge Coupler, J1772_201710, October 13, 2017, IBR approved
for Sec. 680.106(c).
(2) [Reserved]
[FR Doc. 2022-12704 Filed 6-21-22; 8:45 am]
BILLING CODE 4910-RY-P