[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Notices]
[Pages 26771-26773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09597]


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ADVISORY COUNCIL ON HISTORIC PRESERVATION


Notice of Intent To Request Public Comment on Draft Exemption 
From Historic Preservation Review for Electric Vehicle Supply Equipment

AGENCY: Advisory Council on Historic Preservation.

ACTION: Request for Public Comment on Draft Exemption from Historic 
Preservation Review for Electric Vehicle Supply Equipment.

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SUMMARY: The Advisory Council on Historic Preservation (ACHP) proposes 
an exemption that would relieve Federal agencies from the requirement 
of taking into account the effects of their undertakings on historic 
properties that involve the installation of certain electric vehicle 
supply equipment (EVSE). The proposed exemption would allow all Federal 
agencies to forego the historic preservation review process required 
for Federal undertakings and more quickly implement EVSE infrastructure 
for the Federal fleet. The public is invited to comment on the draft 
exemption before it is finalized and submitted for review and potential 
adoption by the ACHP.

DATES: Submit comments on or before June 4, 2022.

ADDRESSES: Address all comments concerning this exemption to Jaime 
Loichinger, Assistant Director, Advisory Council on Historic 
Preservation, at [email protected].

FOR FURTHER INFORMATION CONTACT: Jaime Loichinger, (202) 517-0219, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 106 of the National Historic 
Preservation Act, 54 U.S.C. 306108 (Section 106 and NHPA), requires 
Federal agencies to consider the effects of their undertakings on 
historic properties, and provide the Advisory Council on Historic 
Preservation (ACHP) a reasonable opportunity to comment with regard to 
such undertakings. Historic properties are those properties that are 
listed in the National Register of Historic Places (National Register) 
or eligible for such listing.
    The NHPA authorizes the ACHP to promulgate regulations for 
exempting undertakings from any or all of the requirements of Section 
106 (54 U.S.C. 304108(c)). The Section 106 regulations, found at 36 CFR 
part 800, detail the process for the approval of such exemptions (36 
CFR 800.14(c)).
    In accordance with section 800.14(c), the ACHP may approve an 
exemption for an undertaking if it finds that: (i) The actions within 
the program or category would otherwise qualify as ``undertakings'' as 
defined in 36 CFR 800.16; (ii) the potential effects of the 
undertakings within the program or category upon historic properties 
are foreseeable and likely to be minimal or not adverse; and (iii) 
exemption of the program or category is consistent with the purposes of 
the NHPA.

I. Background

    In 2021, three Executive Orders were issued regarding Federal 
vehicle, or fleet, electrification: (1) E.O. 14005, Ensuring the Future 
is Made in All of America by All of America's Workers, commits the 
Federal government to upgrade the entire Federal fleet to electric 
vehicles (EVs); (2) E.O. 14008, Tackling the Climate Crisis at Home and 
Abroad, prioritizes the development of a Federal Clean Electricity and 
Vehicle Procurement Strategy and directs Federal agencies to upgrade 
the entire Federal fleet to EVs; and (3) E.O. 14057, Catalyzing Clean 
Energy Industries and Jobs Through Federal Sustainability, sets a goal 
of 100 percent zero emission vehicle Federal acquisitions by 2035, 
including 100 percent light duty vehicle Federal acquisitions by 2027. 
Additionally, the Infrastructure Investment and Jobs Act (IIJA) of 2021 
(Pub. L. 117-58, 135 Stat. 429) appropriates $550 billion for new 
infrastructure investments. The IIJA includes provisions to increase 
investment in electric vehicle supply equipment (EVSE), alternative 
fuel infrastructure, EV batteries, electricity grid upgrades, and 
light-, medium-, and heavy-duty zero emission vehicles.
    Due to these requirements, Federal agencies are anticipated to 
propose activities to carry out, license, approve, or fund undertakings 
to electrify Federal vehicles and provide electric vehicle supply 
equipment (EVSE) that have the potential to affect historic properties 
and therefore, require Section 106 review.
    An EV produces zero tailpipe emissions, dramatically lowering smog 
and greenhouse gas emissions even when considering electricity 
generation (EV refers to both Battery Electric Vehicles and Plug-in 
Hybrid Electric Vehicles). EVs have the potential to significantly 
improve Federal fleet efficiency and reduce vehicle operation and 
maintenance costs. EVs require EVSE. Commonly referred to as charging 
stations, EVSE is the hardware of the charging infrastructure that 
transfers energy to a vehicle. EVSE can be wall- or pole-mounted, co-
located or stand alone, and vary in design, size, charging speed and 
energy use.

II. Exemption Concept and Criteria

    In considering how to address the anticipated increase in 
undertakings as a result of these requirements, the Department of 
Homeland Security (DHS) assembled an ad hoc working group of Federal 
Preservation Officers (FPOs) to discuss EV priorities and the potential 
effects of the EVSE program on historic properties. Through 
consultation with fleet technical experts, the working group defined 
the undertakings to be addressed by the proposed exemption as the 
installation, maintenance, repair, and expansion of Levels 1, 2, and 3 
EVSE as defined by the General Services Administration. DHS approached 
the ACHP with the concept of the proposed exemption, at which time the 
ACHP determined it would avail itself of the regulatory process to 
propose the exempted category itself. The government-wide priority for 
fleet electrification and EVSE installation merited ACHP coordination 
of the proposal to ensure broad and appropriate consultation for an 
exemption likely to be applied across multiple Federal agency programs.
    The EVSE undertakings would require minimal changes to distinctive 
building materials, features, spaces, and spatial relationships, 
including landscapes and streetscapes. With few exceptions, these 
undertakings include co-location with existing electrical 
infrastructure; utilization of existing parking areas and structures; 
are incorporated within public transportation rights-of-way

[[Page 26772]]

designs that would be compatible with the architecture, scale, and 
design of the facility or surrounding environments; and use reversible, 
non-permanent techniques to affix infrastructure. To ensure minimal and 
non-adverse effects, the undertakings must utilize the lowest profile 
equipment that can supply the charging capacity needed for the 
location, be placed in a location that would minimize visual 
intrusions, and/or the utility boxes would utilize complementary colors 
to ensure minimal effects, for the exemption to apply. EVSE 
installation would be undertaken in such a manner that, if removed in 
the future, the character-defining form and integrity of an historic 
property and its environment would be unimpaired. Due to the types of 
undertakings proposed and the conditions to be imposed on the 
undertakings, the potential effects would likely be minimal or not 
adverse to historic properties.
    Consistent with 36 CFR 800.14(c)(1), Section 106 exemptions must 
meet certain criteria. The ACHP believes that the proposed exemption, 
which appears below, meets these criteria. The exemption aligns with 
the NHPA because it reflects an effort to harmonize modernization and 
climate change reduction measures with continued use of historic 
properties. As described above and in the exemption text, the EVSE will 
be restricted to existing footprints, and would use reversible, non-
permanent techniques for installation, where appropriate. As such, the 
effects of the proposed undertakings are foreseeable and would be 
minimal or not adverse.

III. Public Participation and Consultation

    In accordance with 36 CFR 800.14(c)(2), public participation 
regarding exemptions must be arranged on a level appropriate to the 
subject and scope of the exemption. This notice is intended to meet the 
requirement for public participation in the development of this 
exemption. Additionally, the ACHP created a dedicated web page for the 
proposed exemption and will conduct social media outreach. In 
developing this proposed exemption, the ACHP is also consulting 
directly with State Historic Preservation Officers, Indian Tribes, 
Tribal Historic Preservation Officers, and Native Hawaiian 
organizations.

IV. Text of Exemption

    The full text of the proposed exemption is reproduced below:

Exemption Regarding Historic Preservation Review Process for 
Undertakings Involving Electric Vehicle Supply Equipment

I. Exemption From Section 106 Requirements

    Except as noted in Section II, all Federal agencies are exempt from 
the Section 106 requirement of taking into account the effects of 
undertakings they propose to carry out, license, approve, or fund 
activities to install, maintain, repair, or expand EVSE and Level 1, 2, 
or 3 charging stations, provided those undertakings take place in 
existing parking areas and structures and use reversible, non-permanent 
techniques to affix the infrastructure. Agencies must utilize the 
lowest profile equipment, place the EVSE in a minimally visibly 
intrusive area, and use complementary colors, where possible.
    Each Federal agency remains responsible for considering the effects 
of its undertakings on historic properties that are not subject to this 
exemption, in accordance with subpart B of the Section 106 regulations 
or according to an applicable program alternative executed pursuant to 
36 CFR 800.14.

II. Undertakings Excluded From Exemption

    Undertakings that have the potential to affect historic properties 
of religious and cultural significance to Indian tribes or Native 
Hawaiian Organizations shall require individual Section 106 review.

III. Application on Tribal Lands

    This exemption shall not apply to undertakings proposed to occur on 
or affect historic properties located on tribal lands unless the Tribe 
has provided prior written notification to the ACHP that it agrees with 
the use of the exemption on its tribal lands. Indian Tribes can agree 
to such use of the exemption by completing the attached form 
(Attachment A), with the signature of the relevant Tribal Historic 
Preservation Officer, Indian tribe, or a designated representative of 
the tribe, and submitting the completed form to the ACHP. The exemption 
would then be applicable to undertakings proposed to occur on or affect 
historic properties located on those tribal lands when the ACHP 
provides notice on its WEBSITE of such agreement.

IV. Existing Agreements

    This exemption is not intended to amend, invalidate, or otherwise 
modify Section 106 agreements in existence at the time this exemption 
goes into effect.

V. Potential for Termination

    The ACHP may terminate this exemption in accordance with 36 CFR 
800.14(c)(7) if it determines that the purposes of Section 106 are not 
adequately met.

VI. Definitions

    The following definitions shall apply to this exemption:
    a. ``Section 106'' means Section 106 of the National Historic 
Preservation Act (54 U.S.C. 306108) and its implementing regulations at 
36 CFR part 800.
    b. ``Undertaking'' means a project, activity, or program funded in 
whole or in part under the direct or indirect jurisdiction of a Federal 
agency, including those carried out by or on behalf of a Federal 
agency; those carried out with Federal financial assistance; and those 
requiring a Federal permit, license, or approval.
    c. ``Electric Vehicle Supply Equipment'' (EVSE) means conductors, 
including the ungrounded, grounded, and equipment grounding conductors 
and the electric vehicle connectors, attachment plugs, and all other 
fittings, devices, power outlets, or apparatus installed specifically 
for the purpose of delivering energy from the premises wiring to the 
EV. There are three levels of EVSE:
    i. Level 1--Refers to a freestanding or wall mounted charging 
structure that delivers a 110/120V charge, replenishing an EV battery 
at a rate of 4 to 6 miles of range per hour of charging time. Charging 
an EV at level 1 typically takes between 7 and 20 hours depending on 
the size of the vehicle's battery.
    ii. Level 2--Refers to a freestanding or wall mounted charging 
structure that delivers a 208/240V charge, replenishing an EV battery 
at a rate of 10 to 20 miles of range per hour of charging time. 
Charging an EV at level 2 typically takes between 2 and 5 hours 
depending on the size of the vehicle's battery.
    iii. Level 3 (also known as Direct Current (DC) Fast Charging)--
Usually a freestanding or wall mounted structure capable of being 
networked that is designed to charge vehicles more quickly than level I 
or level II with an electrical output ranging between 40 kW-120 kW 
delivering a charge from 480V or 208V. Converts AC power to DC within 
the charging station and deliver DC power directly to the battery. DC 
fast charging can typically replenish an EV battery at a rate of 50 to 
90 miles of range per 30 minutes of charging time.
    d. ``Tribal lands'' means all lands within the exterior boundaries 
of any

[[Page 26773]]

Indian reservation and all dependent Indian communities.

Attachment A to the Exemption From Historic Preservation Review for 
Electric Vehicle Supply Equipment

    The [INSERT NAME OF INDIAN TRIBE] agrees that federal agencies can 
utilize the attached Exemption from Historic Preservation Review for 
Electric Vehicle Supply Equipment on its Tribal Lands.

Signed by:

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(Signature of Tribal Historic Preservation Officer, Indian tribe, or a 
designated representative of the tribe)

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(Printed Name and Title)

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(DATE)

    The [INSERT NAME OF INDIAN TRIBE] may discontinue this 
authorization at any time by providing written notice to the Advisory 
Council on Historic Preservation.

For further information, please contact:

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(Tribal Contact; Name and Contact Information)

(END OF DOCUMENT)

    Authority: 36 CFR 800.14(c).

    Dated: April 29, 2022.
Reid J. Nelson,
Executive Director, Acting.
[FR Doc. 2022-09597 Filed 5-4-22; 8:45 am]
BILLING CODE 4310-K6-P