[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Proposed Rules]
[Pages 41032-41036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20077]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 490

[Docket No. EE-RM-96-200]


Alternative Fueled Vehicle Acquisition Requirements for Private 
and Local Government Fleets

AGENCY: Department of Energy (DOE).

ACTION: Advance Notice of Proposed Rulemaking and Notice of Public 
Hearings.

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SUMMARY: The Department of Energy (DOE) is today publishing an advance 
notice of proposed rulemaking, as required by the Energy Policy Act of 
1992 (the Act), that begins a process to determine whether alternative 
fueled vehicle (AFV) acquisition requirements for certain private and 
local government automobile fleets should be promulgated. This advance 
notice also requests comments on progress toward the goals set forth in 
section 502(b)(2) of the Act, identifying the problems with achieving 
the goals, assessing the adequacy and practicability of and considering 
all actions necessary to meet the goals. This advance notice is 
intended to stimulate comments that will inform DOE decisions 
concerning future rulemaking actions and non-regulatory initiatives to 
promote alternative fuels and alternative fueled vehicles.

DATES: Written comments (8 copies) must be received by the Department 
by November 5, 1996.
    Oral views, data, and arguments may be presented at the public 
hearings, which are scheduled as follows:
    1. In Dallas, TX, beginning at 10:15 a.m. on September 17, 1996.
    2. In Sacramento, CA, beginning at 9:30 a.m. on September 25, 1996.
    3. In Washington, D.C., beginning at 9:30 a.m. on October 9, 1996.
    Requests to speak at a hearing should be received no later than 
4:00 p.m., September 13, 1996 for the Dallas, TX hearing, September 23, 
1996 for the Sacramento, CA hearing, and October 7, 1996 for the 
Washington, D.C. hearing. The length of each oral presentation is 
limited to 10 minutes.

ADDRESSES: The hearings will be held at the following addresses:
    1. Dallas, TX--Wyndham Anatole Hotel, 2201 Stemmons Freeway (Market 
Center), Obelisk A Room (Mezzanine Level), Dallas, TX 75207.
    2. Sacramento, CA--Secretary of State Archive/Complex, 1500 11th 
Street (11th & O Streets Entrance), Auditorium (Main Lobby), 
Sacramento, CA.
    3. Washington, D.C.--U.S. Department of Energy, Forrestal Building, 
Auditorium, 1000 Independence Avenue, SW, Washington, D.C. 20585.
    Written comments (8 copies) and requests to speak at a hearing are 
to be submitted to U.S. Department of Energy, Office of Transportation 
Technologies, EE-33, Docket No. EE-RM-96-200, 1000 Independence Avenue, 
S.W., Washington, D.C. 20585, telephone (202) 586-3012. Copies of the 
transcript of the public hearings, written comments, technical 
reference materials mentioned in the notice, and any other docket 
material received may be read and copied at the DOE Freedom of 
Information Reading Room, U.S. Department of Energy, Room 1E-190, 1000 
Independence Ave. S.W., Washington, D.C. 20585, telephone (202) 586-
6020 between the hours of 8:30 a.m. and 4:00 p.m. Monday through Friday 
except Federal holidays. The docket file material will be filed under 
``EE-RM-96-200.''
    For more information concerning public participation in this 
rulemaking proceeding, see section V of this notice (Public Comment 
Procedures).

FOR FURTHER INFORMATION CONTACT: David Rodgers, Office of Energy 
Efficiency and Renewable Energy, EE-34, U.S. Department of Energy, 1000 
Independence Avenue, S.W., Washington, D.C. 20585, afv-
[email protected]; or phone (202) 586-9171.
    For information concerning the public hearings, submission of 
written comments; and to obtain copies of materials referenced in this 
notice, contact Andi Kasarsky, (202) 586-3012.
SUPPLEMENTARY INFORMATION:

I. Introduction
    A. Authority
    B. Program Background and Goals
    C. Required Rulemaking
II. General Issues Relating to Replacement Fuel Goals
III. Additional Issues Related to Required Fleet Mandate 
Determinations
IV. Review and Analysis Requirements
V. Public Comment Procedures
    a. Participation in Rulemaking
    b. Written Comment Procedures

[[Page 41033]]

    c. Public Hearings
    1. Procedure for Submitting Requests to Speak
    2. Conduct of Hearing

I. Introduction

A. Authority

    DOE today begins a rulemaking required by section 507 of the Energy 
Policy Act of 1992 (the Act), Pub. L. 102-486, to determine whether 
alternative fueled vehicle acquisition requirements for private and 
local government automobile fleets are ``necessary'' to achieve the 
Act's clean air and energy security goals. Section 507 provides for an 
early rulemaking to make this determination by December 15, 1996. 42 
U.S.C. 13256(b). If DOE determines that vehicle acquisition 
requirements are not necessary in the early rulemaking, then section 
507 requires a later rulemaking (beginning no later than April 1998) to 
determine by January 1, 2000, whether vehicle acquisition requirements 
are ``necessary'' in light of then current circumstances. 42 U.S.C. 
13256(b)(3), (c) and (e). If DOE has not promulgated a final rule to 
implement an early mandate by December 15, 1996, it is precluded from 
doing so and must proceed to the later rulemaking. 42 U.S.C. 13256(b).

B. Program Background and Goals

    The transportation sector currently accounts for approximately two-
thirds of all U.S. petroleum use and roughly one-fourth of total U.S. 
energy consumption. A virtual one-to-one relationship exists between 
additional gasoline consumption and America's increased use of imported 
oil. The gap between the transportation sector's demand for petroleum 
and our domestic production continues to widen. The U.S. consumes 4 
million barrels per day more for transportation purposes alone than it 
produces; that gap is projected to rise to 9 million barrels per day by 
the year 2010. According to the latest projections by the Energy 
Information Administration, the transportation sector will consume 14.1 
million barrels per day of petroleum in 2010. About 7.4 million of 
these barrels are projected to be used by light duty vehicles. The 
transportation sector represents one of the major sources of short and 
medium term energy vulnerability for American society and the American 
economy today.
    Congress enacted the Energy Policy Act of 1992, Pub. L. 102-486, in 
part to address these energy security and clean air concerns. Titles 
III, IV, V, and VI of the Act contain provisions requiring DOE to 
establish a variety of programs aimed at displacing substantial 
quantities of oil consumed by motor vehicles.
    Title III sets forth mandatory requirements for Federal fleet 
acquisitions of alternative fueled vehicles, which began in fiscal year 
1993. Since that time, over 20,000 alternative fueled vehicles have 
been added to the Federal fleet. Federal agencies have gained 
considerable experience with all alternative fuels and vehicle types. 
Auto manufacturers have significantly increased the number and type of 
alternative fueled vehicles and the number of alternative fuel 
refueling stations has also increased. Title IV directs DOE, among 
other things, to establish a program to certify alternative fuel 
technicians and to acquire data about alternative fuels and alternative 
fueled vehicles and to establish a public information program. DOE has 
established a cooperative program with the auto service industry and 
numerous technical colleges to develop and implement national standards 
for certification of alternative fuel training programs. Over the last 
several years, DOE has explored the costs and benefits of alternative 
fuel and AFV use in the transportation sector. A series of technical 
reports record the results of these analyses. The series title is 
Assessment of Costs and Benefits of Flexible and Alternative Fuel Use 
in the U.S. Transportation Sector. These reports will be placed in the 
public docket for this rulemaking in DOE's Freedom of Information 
Reading Room.
    Section 502 of title V requires DOE to establish a program to 
promote development and use of replacement fuels, especially domestic 
replacement fuels, in light duty motor vehicles. DOE is to focus on 
those replacement fuels having the most impact in: reducing oil 
imports, improving the health of the Nation's economy and reducing 
emissions of greenhouse gases. DOE is in the process of performing 
analytical work to guide the design of this replacement fuel demand and 
supply program. Section 502(b) requires DOE to assess, among other 
things, the feasibility of producing adequate replacement fuels to 
displace 10% of U.S. motor fuel by 2000 and 30% by 2010. DOE has 
undertaken such a study, the partial results of which have been 
published by DOE's Office of Policy as Technical Report Fourteen: 
Market Potential and Impacts of Alternative Fuel Use in Light-Duty 
Vehicles: A 2000/2010 Analysis. This report is available by calling the 
National Alternative Fuels Hotline at 1-800-423-1DOE or 703-528-3500. A 
copy will be placed in the docket file for this rulemaking. DOE is also 
required by section 506 to prepare a Technical and Policy Analysis of 
various issues related to replacement fuels and alternative fueled 
vehicles for submission to the President and Congress. A draft of this 
report is under preparation and a copy will be placed in the docket for 
this rulemaking when it becomes available. Any comments received on 
this ANOPR relating to the fuel displacement goals are expected to be 
key parts of the process of drawing up the section 502 program.
    Pursuant to section 505 of the Act, 42 U.S.C. 13255, DOE is 
promoting voluntary use of alternative fueled vehicles through its 
Clean Cities Program. Under this program, DOE joins with local 
governments and organizations in public/private partnerships aimed at 
developing markets for alternative fueled vehicles. The program aims to 
put together enough participants in each local area to reach the 
necessary volume of alternative fueled vehicle use to justify 
installation of refueling infrastructure and other joint facilities, as 
well as to promote other forms of cooperation. To date, 48 U.S. 
communities have signed agreements to participate.
    Title V also contains non-discretionary alternative fueled vehicle 
acquisition requirements. Sections 501 and 507(o) of the Act require 
certain State government fleets and alternative fuel providers to 
include increasing percentages of alternative fueled vehicles in their 
annual acquisitions of new light duty vehicles. DOE published a final 
rule to implement these vehicle acquisition requirements on March 14, 
1996. 61 FR 10621.

C. Required Rulemaking

    This advance notice of proposed rulemaking is the first step in a 
required rulemaking under sections 507(a) and (b) of title V of the Act 
for determining whether local government and private fleets (other than 
alternative fuel providers subject to section 501) should be required 
to acquire alternative fueled vehicles. 42 U.S.C. 13257(a) and (b). A 
DOE decision to impose alternative fueled vehicle acquisition 
requirements on private and local fleets is dependent on a 
determination that such requirements are ``necessary'' to achieve the 
clean air and energy security goals in sections 502 and 504.
    Such a fleet mandate would cover local government and private 
fleets (excluding alternative fuel provider fleets covered by section 
501 of the Act) of 20 or more light duty motor vehicles (including 
passenger cars and trucks

[[Page 41034]]

under 8500 lbs. gross vehicle weight), which are:
     Centrally fueled or capable of being centrally fueled;
     Operated primarily within a metropolitan statistical area 
with a population of at least 250,000 according to the 1980 Census; and
     Owned, leased, operated or otherwise controlled by an 
entity which owns or operates 50 or more such vehicles in the United 
States.
    Various classes of light duty motor vehicles are excluded from the 
basis for determining coverage. Excluded categories are listed in 
Sec. 490.3 of DOE's final rule for State government fleets and certain 
alternative fuel providers, 10 CFR part 490, 61 FR 10654. Appendix A of 
subpart A of that rule (61 FR 10655) is a list of the metropolitan 
statistical areas with a population of at least 250,000 according to 
the 1980 Census.
    1. Advance notice of proposed rulemaking. Section 507(a)(3) of the 
Act requires DOE to publish an advance notice of proposed rulemaking 
for the purposes of: (1) evaluating progress toward the goals of 
producing replacement fuels to replace, on an energy equivalent basis, 
at least 10% of motor fuels consumption by the year 2000 and at least 
30% by the year 2010; (2) identifying the problems with achieving the 
goals; (3) assessing the adequacy and practicability of the goals; and 
(4) considering all actions necessary to meet the goals. Today's notice 
is issued to comply with this statutory requirement.
    2. Early rulemaking. Sections 507(a)(4) and (b)(1) of the Act 
direct DOE, after obtaining public input on the issues raised in this 
notice, to publish a notice of proposed rulemaking to determine whether 
a fleet requirement to begin in model year 1999 is necessary to meet 
the 30% fuel replacement goal by 2010 and (ii) that the goal is 
practicable and actually achievable through implementation of a private 
and local fleet requirement program along with other measures. 42 
U.S.C. 13257(a)(4) and (b)(1).
    Subject to change by rule, section 507(a) sets forth the following 
tentative alternative fueled vehicle acquisition schedule for 
requirements established by the early rulemaking:
    20 percent of the light duty motor vehicles acquired in model years 
1999, 2000 and 2001;
    30 percent of those acquired in model year 2002;
    40 percent of those acquired in model year 2003;
    50 percent of those acquired in model year 2004;
    60 percent of those acquired in model year 2005; and
    70 percent of those acquired in model year 2006 and thereafter.
    DOE may establish, by rule, a lesser percentage for any model year 
or establish a later beginning date for the mandate to begin. 42 U.S.C. 
13257(a)(2).
    In order to determine that a mandate is ``necessary,'' section 
507(b) of the Act, 42 U.S.C. 13257(b), requires DOE to make the 
following findings by rule:
    (A) The goal of replacement fuel use described in section 
502(b)(2)(B) is not expected to be actually achieved by 2010 (or such 
other date as is established under section 504) by voluntary means or 
pursuant to Title V or any other law without such a fleet requirement 
program, taking into consideration the status of the achievement of the 
interim goal described in section 502(b)(2)(A);
    (B) Such goal is practicable and actually achievable within periods 
specified in section 502(b)(2) through implementation of such a fleet 
requirement program in combination with voluntary means and the 
application of other programs relevant to achieving such goals; and
    (C) By 1998 (when model year 1999 begins) or the date specified by 
the Secretary in a rule initiating a fleet requirement program--
    (i) there exists sufficient evidence to ensure that the fuel and 
the needed infrastructure, including the supply and deliverability 
systems, will be installed and located at convenient places in the 
fleet areas subject to the rule and will be fully operational when the 
rule is effective to offer a reliable and timely supply of the 
applicable alternative fuel at reasonable costs (as compared to 
conventional fuels) to meet the fleet requirement program, as 
demonstrated through use of the provisions of section 505(1) of the Act 
regarding voluntary commitments or other adequate, reliable, and 
convincing forms of agreements, arrangements, or representations that 
such fuels and infrastructure are in existence or will exist when the 
rule is effective and will be expanded as the percentages increase 
annually;
    (ii) there will be a sufficient number of new alternative fueled 
vehicles from original equipment manufacturers that comply with all 
applicable requirements of the Clean Air Act and the National Traffic 
and Motor Vehicle Safety Act of 1966;
    (iii) such new vehicles will meet the applicable non-Federal and 
non-State fleet performance requirements of such fleets (including 
range, passenger or cargo-carrying capacity, reliability, refueling 
capability, vehicle mix, and economical operation and maintenance); and
    (iv) establishment of a fleet requirement program by rule will not 
result in unfair competitive advantages or disadvantages, or result in 
undue economic hardship, to the affected fleets.
    If DOE has not promulgated a final rule to implement an early 
mandate by December 15, 1996, it is precluded from doing so and must 
proceed to a later rulemaking (beginning no later than April 1998) to 
determine whether a mandate to begin in model year 2002 or thereafter 
is ``necessary'' under section 507(e). 42 U.S.C. 13257(b)(1)(e). DOE 
notes that there are several considerations warranting delay before 
completing a rulemaking involving the imposition of fleet AFV 
requirements for private and local government fleets. First, DOE has 
not yet completed its study of the technical and economic feasibility 
of meeting the goals set forth in section 502(b)(2). Second, it would 
be useful to observe implementation of the final rule under sections 
501 and 507(o) in considering many of the issues key to possible 
private and local government fleet requirements. Implementation of 
these initial mandates was delayed from the statutory schedule by one 
model year and will begin in September of 1996. DOE is especially 
interested in Alternative State Plans which may capitalize on the Clean 
Cities Program and involve a substantial number of private and local 
fleets. Third, the Unfunded Mandates Reform Act of 1995, Pub. L. 104-4, 
and President Clinton's Executive Orders 12866 and 12875 require 
careful consultations with stakeholders and creative exploration of 
alternatives to regulation that could achieve the statutory objectives.
    Lastly, the Department also notes that it is unlikely that the 
procedural requirements for this early rulemaking could be completed, 
as a practical matter, before December 15, 1996, the deadline for a 
final rule under section 507(b).
    3. Later rulemaking. If DOE does not adopt an early mandate, 
section 507(e) and (g) of the Act require DOE to initiate a rulemaking 
to determine if the statutory conditions for a later mandate, beginning 
in model year 2002 or thereafter, are met. While the required 
determinations for the early and later rulemakings are not identical, 
the information gathered through this advance notice of proposed 
rulemaking process will be relevant and useful for making the required 
determinations in the later rulemaking as well.

[[Page 41035]]

    Section 507(g) provides the following acquisition schedule for a 
program established by this later rulemaking:
    20 percent of the light duty motor vehicles acquired in model year 
2002;
    40 percent of those acquired in model year 2003;
    60 percent of those acquired in model year 2004; and
    70 percent of those acquired in model year 2005 and thereafter.
    If DOE were eventually to determine that the conditions for the 
late mandate under sections 507 (e) and (g) were not met, DOE would be 
required by section 509 of the Act to submit to Congress 
recommendations for possible requirements or incentives applying to 
fuel suppliers, vehicle suppliers and motorists that would achieve the 
goals.

II. General Issues Relating to Replacement Fuel Goals

    As explained in Section I of this notice, section 507(a)(3) of the 
Act requires DOE to publish an advance notice of proposed rulemaking 
for the purposes of: (1) Evaluating progress toward the replacement 
fuel goals of producing replacement fuels to replace, on an energy 
equivalent basis, at least 10% of motor fuels consumption by the year 
2000 and at least 30% by the year 2010; (2) identifying the problems 
with achieving the goals; (3) assessing the adequacy and practicability 
of the goals; and (4) considering all actions necessary to meet the 
goals.
    Section 502(a) lays out a specific goal for a ``Replacement Fuel 
Supply and Demand Program'': to promote the development and use in 
light duty motor vehicles of domestic replacement fuels to substitute 
for imported petroleum motor fuels to the maximum extent practicable.
    42 U.S.C. 13252. In designing the program, DOE is to focus on those 
replacement fuels having the most impact in reducing oil imports, 
improving the health of the Nation's economy and reducing emissions of 
greenhouse gases. Section 502(b)(2) further requires DOE to assess, 
among other things, the feasibility of producing adequate replacement 
fuels to displace 10% of U.S. motor fuel by 2000 and 30% by 2010. 42 
U.S.C. 13252(b)(2).
    DOE invites comments on the following general issues related to 
achieving the Act's replacement fuel goals:
    1. What voluntary and incentive measures could be undertaken, 
either in conjunction with fleet AFV requirements or in lieu of such 
mandates, that would be effective in achieving progress toward the fuel 
replacement goals?
    2. What methods or criteria should DOE use to assess the adequacy 
and practicality of specific replacement fuel goals (e.g., the 10% and 
30% targets) or for determining whether the goals should be modified?
    3. How should the potential for dramatic changes in the price and 
availability of petroleum (e.g., due to a sharp curtailment in world 
petroleum supplies) be factored into the design of a replacement fuels 
program?
    4. How should DOE estimate the fuel replacement impacts from other 
federal or state alternative fueled vehicle mandates, voluntary 
commitments, use of dual fueled vehicles that operate only part time on 
alternative fuels, and other measures?
    5. What factors should DOE take into account when estimating the 
impact of replacement fuels on reducing oil imports; improving the 
health of the nation's economy; and reducing greenhouse gas emissions?

III. Additional Issues Related to Fleet Mandate Determinations

    DOE seeks comment on the following issues that may be relevant to 
any future DOE decision to propose alternative fueled vehicle 
acquisition requirements for local government and private fleets:
    1. In assessing whether sufficient numbers of new alternative 
fueled vehicles complying with Clean Air Act, 42 U.S.C. 7401 et seq., 
and National Traffic and Motor Vehicle Safety Act of 1966, 49 U.S.C. 
30101 et seq., requirements are available, should DOE look to 
anticipated or committed production volumes, number of models offered, 
or number of vehicle categories in which vehicles are offered? Should 
DOE base its assessment on the number of alternative fuel 
configurations in which such vehicles are offered or only to the totals 
for all alternative fuel configurations?
    2. In determining whether alternative fuel infrastructure, 
including the supply and deliverability systems, will be installed and 
located at convenient places in the fleet areas, should DOE consider 
whether extended range refueling will be available, or should it only 
consider whether central fueling facilities will be adequate?
    3. What would constitute unfair competitive advantage or 
disadvantage to the affected fleets? What would constitute undue 
economic hardship to the affected fleets?
    4. DOE is required by section 507(l) to take into consideration, to 
the extent it has discretion to do so, the following factors: energy 
security, costs, safety, lead time requirements, vehicle miles traveled 
annually, effect on greenhouse gases, technological feasibility, energy 
requirements, economic impacts including impacts on fleets, workers and 
consumers, such as users of the alternative fuels for other purposes, 
and the availability of alternative fuels and alternative fueled 
vehicles. What bearing, if any, should these factors have on a DOE 
determination as to whether it is ``necessary'' under section 507 to 
impose alternative fueled vehicle acquisition requirements on local 
government and private fleets?

IV. Review and Analysis Requirements

    The Office of Information and Regulatory Affairs in the Office of 
Management and Budget (OIRA) has determined that this rulemaking is a 
significant regulatory action under Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
advance notice was submitted for review to OIRA. Were DOE to propose 
alternative fueled vehicle acquisition requirements for local 
government and private fleets, the rulemaking could constitute an 
economically significant regulatory action, and DOE would prepare and 
submit to OIRA for review the assessment of costs and benefits required 
by section 6(a)(3) of Executive Order 12866. Other procedural and 
analysis requirements in other Executive Orders and statutes also may 
apply to such future rulemaking action, including the requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and the Unfunded Mandates Act of 
1995, Pub. L. 104-4, and the National Environmental Policy Act, 42 
U.S.C. 4321 et seq.

VII. Public Comment Procedures

a. Participation in Rulemaking

    The Department encourages the maximum level of public participation 
possible in this rulemaking. Individual fleet operators, 
representatives of trade groups, local governments, consumers of fleet 
services, vehicle manufacturers, fuel providers, including producers, 
distributors and service station operators, associations, States or 
other governmental entities, and others are urged to submit written 
comments on the proposal. The Department also encourages interested 
persons to participate in the public hearings to be held at the times 
and places indicated at the beginning of this notice.
    The DOE has established a period of 90 days following publication 
of this notice for persons to comment on this advance notice of 
proposed rulemaking. All public comments and the transcripts

[[Page 41036]]

of the public hearings and other docket material will be available for 
review in the DOE Freedom of Information Reading Room at the address 
shown at the beginning of this notice. The docket file material will be 
filed under ``EE-RM-96-200.''

b. Written Comment Procedures

    Interested persons are invited to participate in this proceeding by 
submitting written data, views or arguments with respect to the 
subjects set forth in this notice. Instructions for submitting written 
comments are set forth at the beginning of this notice and below.
    Comments (8 copies) should be labeled both on the envelope and on 
the documents, ``Fleet AFV Acquisition Requirements Rulemaking (Docket 
No. EE-RM-96-200),'' and must be received by the date specified at the 
beginning of this notice. All comments and other relevant information 
received by the date specified at the beginning of this notice will be 
considered by DOE in the subsequent stages of the rulemaking process.
    Pursuant to the provisions of 10 CFR 1004.11, any person submitting 
information or data that is believed to be confidential and exempt by 
law from public disclosure should submit one complete copy of the 
document and 3 copies, if possible, from which the information believed 
to be confidential has been deleted. The Department will make its own 
determination with regard to the confidential status of the information 
or data and treat it according to its determination.

c. Public Hearings

    1. Procedure for Submitting Requests to Speak. The dates, times and 
places of the public hearings are indicated at the beginning of this 
notice. The Department invites any person who has an interest in these 
proceedings, or who is a representative of a group or class of persons 
having an interest, to make a request for an opportunity to make an 
oral presentation at the public hearings. Such requests should be 
labeled both on the letter and the envelope--``Fleet AFV Acquisition 
Requirements Rulemaking (Docket No. EE-RM-96-200),'' should be sent to 
the address given at the beginning of this notice and must be received 
by the date specified. Alternatively, requests may be telephoned to the 
telephone number given. The person making the request should give a 
telephone number where he or she may be contacted. Persons selected to 
be heard will be notified by DOE as to the approximate time they will 
be speaking.
    Each person selected to be heard is requested to submit 8 copies of 
his/her statement at the registration desk prior to the beginning of 
the hearing. In the event any person wishing to testify cannot meet 
this requirement, that person may make alternative arrangements by 
calling (202) 586-3012 in advance or by so indicating in the letter 
requesting to make an oral presentation.
    2. Conduct of Hearing. The Department reserves the right to select 
the persons to be heard at the hearings, to schedule the respective 
presentations, and to establish the procedures governing the conduct of 
the hearings. The length of each presentation is limited to 10 minutes.
    A DOE official will be designated to preside at the hearings. The 
hearings will not be judicial or evidentiary-type hearings, but will be 
conducted in accordance with 5 U.S.C. 533 and section 501 of the DOE 
Organization Act, 42 U.S.C. 7191. At the conclusion of all initial oral 
statements, each person who has made an oral statement will be given 
the opportunity to make a rebuttal or clarifying statement, subject to 
time limitations. Any further procedural rules regarding proper conduct 
of the hearings will be announced by the presiding official.
    Transcripts of the hearings will be made and the entire record of 
this rulemaking, including the transcripts, will be retained by DOE and 
made available for inspection at the DOE Freedom of Information Reading 
Room as provided at the beginning of this notice. Any person may 
purchase a copy of the transcripts from the transcribing reporter.

    Issued in Washington, DC on August 2, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-20077 Filed 8-6-96; 8:45 am]
BILLING CODE 6450-01-P