[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Proposed Rules]
[Pages 19701-19702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10495]


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DEPARTMENT OF ENERGY

10 CFR Part 490

Office of Energy Efficiency and Renewable Energy
[Docket No. EE-RM-96-200]


Alternative Fueled Vehicle Acquisition Requirements for Private 
and Local Government Fleets

AGENCY: Department of Energy (DOE)

ACTION: Notice of termination of proposed rule.

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SUMMARY: The Department of Energy (DOE) will not promulgate regulations 
to implement alternative fueled vehicle (AFV) acquisition requirements 
for certain private and local government fleets according to the early 
schedule of section 507(a)(1) of the Energy Policy Act of 1992 (EPACT).

ADDRESSES: The docket file material has been filed under ``EE-RM-96-
200.''

[[Page 19702]]

This docket will remain open indefinitely. Copies of the transcripts of 
the public hearings, written comments, technical reference materials 
mentioned in the Advanced Notice of Proposed Rulemaking, 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 Avenue, 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. For further information on this rulemaking you 
should contact Ken Katz at 202-586-6116.

FOR FURTHER INFORMATION CONTACT: Kenneth Katz, 202-586-6116.

SUPPLEMENTARY INFORMATION: EPACT authorizes DOE to pursue a rulemaking 
concerning alternative fueled vehicle acquisition requirements for 
private and local government fleets on two distinct schedules. First, 
section 507(b) provides for an early rulemaking concerning such 
requirement which must be completed by December 15, 1996. As part of 
that rulemaking, section 507(a)(3) of EPACT, Pub. L. 102-486, requires 
DOE to publish an Advance Notice of Proposed Rulemaking (ANOPR) to 
begin a rulemaking to determine whether alternative fueled vehicle 
(AFV) acquisition requirements for private and local government fleets 
are necessary to achieve EPACT's energy security and other goals. If no 
rule is promulgated by December 15, 1996, then section 507(b)(3), (c), 
and (e) 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). EPACT provides that if a final rule 
to implement an early mandate is not promulgated by December 15, 1996, 
DOE must proceed to the later rulemaking. 42 U.S.C. 13256(b).
    DOE published an ANOPR for the purposes described in section 507(a) 
and (b) on August 7, 1996. 61 FR 41032. This notice was intended to 
stimulate comments to assist DOE in making decisions concerning future 
rulemaking actions and non-regulatory initiatives to promote 
alternative fuels and alternative fueled vehicles. Three hearings were 
held to receive oral comments on the ANOPR on September 17, 1996, in 
Dallas, Texas; on September 25, 1996, in Sacramento, California; and on 
October 9, 1996, in Washington, D.C. A total of 70 persons spoke at the 
three hearings and 105 written comments were received by November 5, 
1996.
    Based on the comments received, DOE intends to continue to 
investigate the full array of measures that could be available and 
effective to help meet the EPACT goals, focussing on incentives and 
voluntary measures, as suggested by a great majority of commenters. A 
number of commenters urged DOE to convene a forum for bringing together 
all stakeholders of AFV programs with the aim of reaching a consensus 
on desirable measures and strategies for achieving substantial use of 
replacement fuels and AFVs. DOE intends to fully explore the 
possibilities for convening such a process in the near future.
    DOE will not implement private and local government fleet AFV 
acquisition requirements under the early schedule of section 507(a). 
Consistent with the above-described statutory limitations on early 
rulemaking under section 507 (a), DOE is terminating this rulemaking 
without prejudice to initiating the later rulemaking authorized by 
section 507 (e) and (g).

    Issued in Washington, DC, on April 11, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 97-10495 Filed 4-22-97; 8:45 am]
BILLING CODE 6450-01-P