[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Proposed Rules]
[Pages 18718-18719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7436]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 /
Proposed Rules
[[Page 18718]]
DEPARTMENT OF ENERGY
10 CFR Part 438
RIN 1904-AB98
Petroleum Reduction and Alternative Fuel Consumption Requirements
for Federal Fleets
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: On March 12, 2012, the Department of Energy (DOE) issued a
notice of proposed rulemaking to implement section 142 of the Energy
Independence and Security Act of 2007, which amended the Energy Policy
and Conservation Act and directed the Secretary of Energy to issue
implementing regulations for a statutorily-required reduction in
petroleum consumption and increase in alternative fuel consumption for
Federal fleets. With this Request for Information (RFI), DOE requests
public comment on whether the proposed method for calculating the
fiscal year 2005 alternative fuel consumption baseline should include
the alternative fuel consumed by exempt vehicles and low-speed electric
vehicles.
DATES: Public comment on this RFI will be accepted until April 27,
2012.
ADDRESSES: You may submit comments, identified by RIN 1904-AB98, by any
of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: [email protected]. Include RIN 1904-AB98 in
the subject line of the email. Please include the full body of your
comments in the text of the message or as an attachment.
3. Mail: Address written comments to Cyrus Nasseri, U.S. Department
of Energy, Federal Energy Management Program (EE-2L), 1000 Independence
Avenue SW., Washington, DC 20585.
Due to potential delays in DOE's receipt and processing of mail
sent through the U.S. Postal Service, we encourage respondents to
submit comments electronically to ensure timely receipt.
This RFI and any comments that DOE receives will be made available
on the Federal Energy Management Program's Sustainable Federal Fleets
Web site at https://federalfleets.energy.gov/federal_requirements/notices_rules.
FOR FURTHER INFORMATION CONTACT: Cyrus Nasseri, U.S. Department of
Energy, Federal Energy Management Program (EE-2L), 1000 Independence
Avenue SW., Washington, DC 20585, email: [email protected]; or
Michael Jensen, U.S. Department of Energy, Office of the General
Counsel (GC-71), 1000 Independence Avenue SW., Washington, DC 20585,
email: [email protected].
SUPPLEMENTARY INFORMATION: On March 12, 2012, the Department of Energy
(DOE) issued a notice of proposed rulemaking to implement section 142
of the Energy Independence and Security Act of 2007 (EISA, Pub. L. 110-
140), which amended the Energy Policy and Conservation Act of 1975
(Pub. L. 94-163) and directed the Secretary of Energy to issue
implementing regulations for a statutorily-required reduction in
petroleum consumption and increase in alternative fuel consumption for
Federal fleets (77 FR 14,482 (Mar. 12, 2012)). For additional
background on, and a discussion of the statutory authority for, the
proposed rule, please refer to the discussion contained in the
SUPPLEMENTARY INFORMATION of the proposed rule.
Section 142 of EISA provides that not later than October 1, 2015,
and for each year thereafter, Federal fleets ``shall achieve at least *
* * a 10 percent increase in alternative fuel consumption, as
calculated from the baseline established by the Secretary for fiscal
year [(FY)] 2005.'' Pursuant to section 438.102(b) of the proposed
rule, the alternative fuel consumption baseline values would be the
same as the values reported for Federal fleets through the Federal
Automotive Statistical Tool Web-based reporting system (FAST) for FY
2005. Moreover, section 438.102(b) would require Federal fleets with
extremely low alternative fuel use to be subject to a proposed minimum
alternative fuel consumption baseline. The minimum baseline would be
the greater of (1) the amount of alternative fuel consumed by that
Federal fleet in FY 2005, expressed in gallon of gasoline equivalent
(GGEs), as reflected in FY 2005 FAST data, or (2) the lesser of (a)
five percent of total Federal fleet vehicle fuel (petroleum and
alternative fuel) consumption and (b) 500,000 GGEs.
DOE notes that the wording of section 438.102(b) potentially could
cause confusion as to whether the alternative fuel consumed by exempt
vehicles and low-speed electric vehicles (LSEVs) would be required to
be included in the calculation of the FY 2005 baseline. At first
glance, the proposed regulatory text specifies how to calculate the FY
2005 baseline for each ``Federal fleet.'' As defined under section
438.2(l), the term ``Federal fleet'' as proposed would not include
exempt vehicles and certain types of LSEVs; thus, section 438.102(b)
would appear to exclude from the calculation of the FY 2005 alternative
fuel consumption baseline the amount of alternative fuel consumed by
exempt vehicles and LSEVs. This approach potentially would result in a
less stringent mandate for increased alternative fuel consumption by
allowing each Federal fleet to account for the alternative fuel
consumed by two categories of motor vehicles in determining statutory
compliance that would not be considered in the calculation of the FY
2005 baseline.\1\
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\1\ Under the proposed rule, DOE would require Federal fleets to
include the alternative fuel consumed by exempt vehicles and LSEVs
in determining compliance with the statutorily-required increase in
alternative fuel consumption.
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However, section 438.102(b) also provides detailed instruction on
how to calculate the FY 2005 baseline with respect to annual
``alternative fuel consumption.'' As defined under section 438.2(d),
the term ``alternative fuel consumption'' as proposed expressly
includes the alternative fuel consumed in exempt vehicles and LSEVs;
thus, section 438.102(b) could be interpreted to include the amount of
alternative fuel consumed by exempt vehicles and LSEVs in calculating
the FY 2005 alternative fuel consumption baseline. DOE further notes
that the SUPPLEMENTARY INFORMATION of the proposed rule also suggests
that the FY 2005 alternative fuel consumption baseline calculation
could include the
[[Page 18719]]
alternative fuel consumed by exempt vehicles and LSEVs. Specifically,
the SUPPLEMENTARY INFORMATION provides that ``a correction [of the FY
2005 alternative fuel consumption baseline] might be requested in the
event that the Federal fleet's alternative fuel use value for FY 2005
submitted through FAST did not include the electricity used in the
Federal fleet's LSEVs.'' Moreover, the alternative fuel consumption
baseline data set forth in Table III.1 of the proposed rule includes
the alternative fuel consumed by exempt vehicles and LSEVs.
DOE notes that an approach that required the inclusion of
alternative fuel consumed by exempt vehicles and LSEVs in the FY 2005
alternative fuel baseline would be consistent with the existing method
for baseline calculation under the alternative fuel consumption
requirements of Executive Order 13423. Moreover, such an approach could
require each Federal fleet to consume greater amounts of alternative
fuel to ensure compliance with the statutorily-required increase in
alternative fuel consumption as compared to an approach that did not
account for the alternative fuel consumed by exempt vehicles and LSEVs
in its baseline calculation.
With this Request for Information, DOE requests public comment on
the whether the FY 2005 alternative fuel consumption baseline should
include the alternative fuel consumed by exempt vehicles and LSEVs. DOE
also requests comment on other potential approaches to complying with
the statutorily-required increase in alternative fuel consumption.
Issued in Washington, DC, on March 20, 2012.
Timothy D. Unruh,
Program Manager, Federal Energy Management Program.
[FR Doc. 2012-7436 Filed 3-27-12; 8:45 am]
BILLING CODE 6450-01-P