[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Proposed Rules]
[Pages 1830-1831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-414]


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[[Page 1831]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 490

[Docket No. EE-RM-99-507]
RIN 1904-AA98


Alternative Fuel Transportation Program; Requirements for Private 
and Local Government Fleets

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy (DOE).

ACTION: Advance notice of proposed rulemaking; extension of deadlines.

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SUMMARY: The Department of Energy is extending the deadline for a 
rulemaking regarding alternative fueled vehicle acquisition 
requirements for private and local government fleets. The Energy Policy 
Act of 1992 (Pub. L. 102-486) allows the Department to extend the 
deadlines established under the Act and requires publication of a 
notice of the extension in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth R. Katz, Program Manager, 
Office of Energy Efficiency and Renewable Energy (EE-34), U.S. 
Department of Energy, 1000 Independence Avenue SW., Washington, DC 
20585. (202) 586-9171.

SUPPLEMENTARY INFORMATION: The Energy Policy Act of 1992 (Pub. L. 102-
486) authorizes DOE to pursue a rulemaking concerning alternative 
fueled vehicle acquisition requirements for private and local 
government fleets. Section 507(g) provides for a rulemaking, which was 
to be completed by January 1, 2000. As part of that rulemaking, section 
507(c) of the Act required DOE to publish an Advance Notice of Proposed 
Rulemaking (ANOPR) to begin a rulemaking process to evaluate and 
examine the Act's replacement fuel goals and to determine whether 
alternative fueled vehicle (AFV) acquisition requirements for private 
and local government fleets are necessary to achieve the Act's energy 
security and other goals. 42 U.S.C. 13256(c).
    DOE published an ANOPR for the purposes described in section 507(c) 
on April 17, 1998. 63 FR 19372. 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. They were held on May 20, 1998, in Los Angeles, 
California; on May 28, 1998, in Minneapolis, Minnesota; and on June 4, 
1998, in Washington, DC. A total of 110 persons spoke at the three 
hearings, and/or submitted written comments which were to be received 
by July 16, 1998.
    Section 507(h) provides that ``The Secretary may, by notice 
published in the Federal Register, extend the deadlines established 
under subsections (e), (f)(2), and (g) for an additional 90 days if the 
Secretary is unable to meet such deadlines. Such extension shall not be 
reviewable.'' By publication of this notice, DOE is hereby extending 
the deadlines established under subsections (e), (f)(2), and (g), from 
January 1, 2000, for an additional 90 days.
    The extension of the deadlines is necessary so that DOE can comply 
with the requirements for intergovernmental consultation as specified 
in Executive Order 13132 and a Federal Register Notice of final 
statement of policy (62 FR 12820, March 18, 1997). Section 6 of 
Executive Order 13132, Federalism (64 FR 43255, August 10, 1999), 
specifies the consultation process that each agency must undertake to 
ensure meaningful and timely input by State and local officials in the 
development of regulatory policies that may have federalism 
implications. The Notice of final statement of policy publishes DOE 
policy on intergovernmental consultation under the Unfunded Mandates 
Reform Act of 1995. Section III of that notice specifies the process 
that DOE must take when proposing a significant intergovernmental 
mandate on State, local, or tribal governments. DOE will also finalize 
its required regulatory analyses during this 90-day time frame.
    DOE is planning on fulfilling the intergovernmental consultation 
requirements described above. However, at this time, DOE does not 
believe that a private and local government fleet program would have 
Federalism implications, nor would it meet the threshold established 
for a significant intergovernmental mandate, which is whether the 
aggregate annual compliance expenditures would equal or be in excess of 
$100 million.

    Issued in Washington, DC on December 29, 1999.
Thomas J. Gross,
Deputy Assistant Secretary for Transportation Technologies.
[FR Doc. 00-414 Filed 1-11-00; 8:45 am]
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