[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Proposed Rules]
[Pages 37262-37280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12704]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 680

[Docket No. FHWA-2022-0008]
RIN 2125-AG10


National Electric Vehicle Infrastructure Formula Program

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: The FHWA proposes to establish regulations setting minimum 
standards and requirements for projects funded under the National 
Electric Vehicle Infrastructure (NEVI) Formula Program and projects for 
the construction of publicly accessible electric vehicle (EV) chargers 
under certain statutory authorities. The standards and requirements 
proposed would apply to the installation, operation, or maintenance of 
EV charging infrastructure; the interoperability of EV charging 
infrastructure; traffic control device or on-premises signage acquired, 
installed, or operated in concert with EV charging infrastructure; 
data, including the format and schedule for the submission of such 
data; network connectivity of EV charging infrastructure; and 
information on publicly available EV charging infrastructure locations, 
pricing, real-time availability, and accessibility through mapping 
applications.

DATES: Comments must be received on or before August 22, 2022.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit comments by only one of the following means:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (202) 
366-9329.
    All submissions should include the agency name and the docket 
number that appears in the heading of this document or the Regulation 
Identifier Number (RIN) for the rulemaking. All comments received will 
be posted without change to https://www.regulations.gov, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Jensen, Office of Natural 
Environment, (202) 366-2048, or via email at dot.gov">Gary.Jensen@dot.gov, or 
Ms. Dawn Horan, Office of the Chief Counsel (HCC-30), (202) 366-9615, 
or via email at dot.gov">Dawn.M.Horan@dot.gov. Office hours are from 8 a.m. to 
4:30 p.m., E.T., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    This document and all comments received may be viewed online 
through the Federal eRulemaking portal at www.regulations.gov using the 
docket number listed above. Electronic retrieval help and guidelines 
are also available at www.regulations.gov. An electronic copy of this 
document may also be downloaded from the Office of the Federal 
Register's website at www.FederalRegister.gov and the Government 
Publishing Office's website at www.GovInfo.gov.
    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the docket at the above address. Comments received 
after the comment closing date will be filed in the docket and will be 
considered to the extent practicable. In addition to late comments, 
FHWA will also continue to file relevant information in the docket as 
it becomes available after the comment period closing date and 
interested persons should continue to examine the docket for new 
material. A final rule may be published at any time after close of the 
comment period and after FHWA has had the opportunity to review the 
comments submitted.

Executive Summary

    The FHWA proposes to establish regulations that would set minimum 
standards and requirements for projects funded under the NEVI Formula 
Program and projects for the construction of publicly accessible EV 
chargers funded under title 23, United States Code.\1\ The FHWA is 
directed by Paragraph (2) under the Highway Infrastructure Program 
heading in title VIII of division J of the Bipartisan

[[Page 37263]]

Infrastructure Law (BIL) (enacted as the Infrastructure Investment and 
Jobs Act) (Pub. L. 117-58) (Nov. 15, 2021) to create minimum standards 
and requirements for NEVI-funded projects. As outlined in statute, the 
purpose of the NEVI Formula Program is to ``provide funding to States 
to strategically deploy EV charging infrastructure and to establish an 
interconnected network to facilitate data collection, access, and 
reliability.'' This purpose would be satisfied by creating a 
convenient, affordable, reliable, and equitable network of chargers 
throughout the country. Currently, there are no national standards for 
the installation, operation, or maintenance of EV charging stations, 
and wide disparities exists among EV charging stations in key 
components, such as operational practices, payment methods, site 
organization, display of price to charge, speed and power of chargers, 
and information communicated about the availability and functioning of 
each charging station. The FHWA is directed by Section 11129 of BIL, 
which amends 23 U.S.C. 109, by adding a requirement that EV charging 
station standards apply to all projects that install EV charging 
infrastructure using funds provided under title 23, United States Code. 
This proposed rule does not conflict with or supersede other title 23, 
United States Code statutory requirements or their implementing 
regulations. This regulation would enable States to implement 
federally-funded charging station projects in a standardized fashion 
across a national EV charging network that can be utilized by all EVs 
regardless of vehicle brand. Such standards would provide consumers 
with reliable expectations for travel in an electric vehicle across and 
throughout the United States and support a national workforce skilled 
and trained in EVSE installation and maintenance.
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    \1\ Refer to ``DOT Funding and Financing Programs with EV 
Eligibilities'' chart on pages 10-11 in the NEVI Formula Program 
Guidance, found at: https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf.
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    The BIL specifically required that minimum standards and 
requirements be developed related to six areas:
    (1) Installation, operation, and maintenance by qualified 
technicians of EV infrastructure.
    The FHWA proposes to require general consistency with regard to the 
installation, operation, and maintenance and technician qualifications 
of the NEVI Formula Program projects and projects for the construction 
of publicly accessible EV chargers that are funded under title 23, 
United States Code. In terms of standards for the installation, 
operation, and maintenance of EVSE, charging stations would be required 
to contain a minimum number and type of chargers capable of supplying 
electrical charge through prescribed standard charging ports. This 
regulation would further specify the required minimum density of 
provided chargers, payment methods, and requirements for customer 
support services. In terms of technician qualifications, the guidance 
would provide minimum skill, training, and certification standards for 
technicians installing, operating, and maintaining EVSE to ensure 
consistency around quality installation and safety across the network. 
These proposed requirements would provide the traveling public with 
reliable expectations for their EV charging experience anywhere that 
NEVI Formula funds or title 23, United States Code funds are used to 
construct EV charging infrastructure. In addition to proposed 
requirements that would be customer-facing, a series of additional 
proposed requirements would provide less visible, yet critical, 
standardization and uniformity for how charging stations would be 
installed, maintained, and operated. These types of proposed 
requirements would address topics such as the certification of charging 
equipment, security, long-term stewardship, the qualifications of 
technicians installing and maintaining charging stations, and the 
privacy of customer data conveyed. There is also proposed language to 
explain what the NEVI program income can be used for when there is net 
income from the sale, use, lease, or lease renewal of real property 
acquired with NEVI Formula Program funds, or when there is income or 
revenue earned from the operation of the EV charging station.
    (2) Interoperability of EV charging infrastructure.
    The proposed requirements relating to interoperability similarly 
address less visible standardization along the national EV charging 
network. The FHWA proposes a seamless national network of EV charging 
infrastructure that can communicate and operate on the same software 
platforms from one State to another. The FHWA proposes interoperability 
requirements for charger-to-EV communication to ensure that chargers 
are capable of the communication necessary to perform smart charge 
management and Plug and Charge.
    (3) Traffic control devices and on-premise signs acquired, 
installed, or operated.
    The FHWA proposes to address requirements about traffic control 
devices and on-premise signs by cross-referencing other existing 
requirements contained in the Manual on Uniform Traffic Control Devices 
for Streets and Highways (MUTCD) found at 23 CFR part 655 and the 
Highway Beautification regulation at 23 CFR part 750.
    (4) Data requested related to a project funded under the NEVI 
Formula Program, including the format and schedule for the submission 
of such data.
    The FHWA proposes to outline quarterly and annual data submittal 
requirements that are applicable only to projects funded under the NEVI 
Formula Program. States would be required to submit quarterly data to 
identify charging station use, reliability maintenance, and 
installation cost information. On an annual basis, States would be 
required to submit identifying information about organizations 
operating, maintaining, or installing Electric Vehicle Supply Equipment 
(EVSE) along with information about any certifications of these 
entities through State or local business opportunity certification 
programs. Finally, States would be required to submit an annual report 
describing the community engagement activities conducted in accordance 
with their approved State EV Infrastructure Deployment Plans.
    The proposed regulation would serve an important coordination role 
by standardizing submissions of large amounts of data from charging 
stations across the U.S. while providing the Joint Office with the data 
needed to create the public EV charging database outlined in BIL. The 
FHWA specifically requests comments on whether the proposed data 
collection language creates an undue burden on the States with the 
amount and types of data to be collected and the frequency in which it 
is to be reported.
    (5) Network connectivity of EV charging infrastructure.
    The FHWA proposes to outline network connectivity requirements for 
charger-to-charger network communication, charging network-to-charging 
network communication, and charging network-to-grid communication. 
These proposed requirements address standards meant to allow for secure 
remote monitoring, diagnostics, control, and updates. The FHWA believes 
these proposed requirements would help address cybersecurity concerns 
while mitigating against stranded assets (whereby any provider abandons 
operations at any particular charging station). Proposed network 
connectivity requirements also would specifically require chargers to 
be capable of smart charge management and Plug and Charge capabilities 
by requiring the ability to communicate through Open Charge Point 
Protocol (OCPP) in tandem with ISO 15118.

[[Page 37264]]

    (6) Information on publicly available EV charging infrastructure 
locations, pricing, real-time availability, and accessibility though 
mapping applications.
    The FHWA proposes requirements to standardize the communication to 
consumers of price and availability of each charging station. 
Specifically outlined in the proposed regulation, States would be 
required to ensure that basic charging station information (such as 
location, connector type, and power level), real-time status, and real-
time price to charge would be available free of charge to third-party 
software developers through application programming interface. The FHWA 
believes these requirements would enable effective communication with 
consumers about available charging stations and help consumers make 
informed decisions about trip planning and when and where to charge 
their EVs. The FHWA also proposes requirements for public transparency 
when EV charging prices are to be set by a third party. The FHWA 
believes that this will protect the public from price gouging.
    The proposed rule would apply to the 50 States, the District of 
Columbia, and Puerto Rico, consistent with the definition of the term 
``State'' in 23 U.S.C. 101(a). These proposed regulations would apply 
to projects funded under the NEVI Formula Program and projects for the 
construction of publicly accessible EV chargers that are funded with 
funds made available under title 23, United States Code, with the 
prioritization of projects along Interstates during the first year in 
order to create a reliable national network of EV charging 
infrastructure for those travelling long distances or for multiple 
hours at a time.
    The FHWA requests comment on the proposed approach summarized above 
and described in detail below to establish a set of minimum standards 
and requirements for NEVI Formula Program projects and projects for the 
construction of publicly accessible EV chargers that are funded under 
title 23, United States Code.
    The FHWA requests comment on the consideration, options, and use of 
information to account for the analysis of the proposed rule, as 
described in detail in the ``Preliminary Regulatory Impact Analysis 
(PRIA)'' available in the docket. The PRIA supports this proposed 
regulation and estimates the costs and benefits associated with 
establishing minimum standards and requirements, derived from the costs 
of implementing the proposed regulation for each provision of the rule. 
All of the topics for the minimum standards and requirements are 
required under Paragraph (2) under the Highway Infrastructure Program 
heading in title VIII of division J of BIL. To estimate these costs, 
the PRIA compares the costs and benefits of proposed provisions to the 
costs and benefits of the options States would likely choose for their 
own EVSE programs in the absence of the rule. In many cases, the 
analysis found that States would likely choose the same requirements 
that are found in the proposed rule.

Background

Creation of the NEVI Formula Program

    The BIL included two new programs with a total of $7.5 billion in 
dedicated funding to help make EV chargers and alternative fueling 
facilities accessible to all Americans for long-distance trips. As one 
of these two new programs, the NEVI Formula Program provides $5 billion 
as the first major Federal funding program that focuses on a nationwide 
development of EV charging infrastructure. The FHWA has released 
program guidance for the NEVI Formula Program, available at https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf, as was required by BIL within 90 
days of enactment.
    This program guidance outlined funding features, information about 
required State EV Infrastructure Deployment Plans, project eligibility 
provisions, program administration, and technical assistance and tools. 
The program guidance also outlined potential topics for these proposed 
minimum standards and requirements for projects implemented under the 
NEVI Formula Program.

EV Funding Options

    Several additional DOT funding and finance programs are also 
available to plan for and build EV chargers; support workforce training 
for new technologies; and integrate EVs as part of strategies to 
address commuter, freight, and public transportation needs. For more 
information see the Federal Funding is Available for Electric Vehicle 
Charging Infrastructure on the National Highway System released April 
22, 2022.\2\
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    \2\ Federal Funding is Available For Electric Vehicle Charging 
Infrastructure on the National Highway System (dot.gov).
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Statutory Authority for NEVI Formula Program Minimum Standards and 
Requirements

    The BIL required FHWA to release a set of minimum standards and 
requirements for the implementation of the NEVI Formula Program under 
Paragraph (2) under the Highway Infrastructure Program heading in title 
VIII of division J).
    This proposed regulation directly addresses the requirements in 
BIL. This proposed regulation also directly addresses the EV Charging 
Stations standards requirement added to 23 U.S.C. 109 by Section 11129 
of BIL for projects using title 23, United States Code funds for EV 
charging infrastructure. Through the provision of minimum standards and 
requirements, the NEVI Formula Program would help set reliable 
expectations for the experience of EV charging across the nation. 
Nothing in this regulation is intended to be construed to prevent 
States from establishing more stringent EV charging infrastructure 
requirements towards building a convenient, affordable, reliable, and 
equitable national charging network.
    The BIL required establishment of a Joint Office of Energy and 
Transportation (Joint Office) \3\ in the Department of Transportation 
and the Department of Energy to study, plan, coordinate, and implement 
issues of joint concern between the two Agencies. The DOT and DOE 
coordinated on both the NEVI Formula Program Guidance and development 
of the minimum standards and requirements found in this proposed rule.
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    \3\ https://www.driveelectric.gov.
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Reasoning for NEVI Formula Proposed Regulations

    There are no existing national standards for EV charging stations, 
although there may be some State standards that exist. For any given 
charging station, the charger manufacturer, charging network, charging 
network provider, charging station owner, charging station operator, 
and even the utility providing electricity, may all be different 
entities, all with different expectations for contracts, maintenance, 
operations, and customer response. Because EV charging is a relatively 
new technology, there is wide diversity in the market from small start-
up companies to major multi-national corporations. This diversity of 
entities results in a variety of charging station operations, leaving 
consumers with a learning curve every time they encounter a new EV 
charging station. The consumer education required for each use of a new 
charging station, as well as unreliability of the charging station 
function and safety issues from the lack of standardized technician 
qualifications, exacerbates existing

[[Page 37265]]

hurdles for the widespread adoption of EVs, including range anxiety and 
safety risks. Range anxiety is a concept whereby consumers fear that a 
vehicle has insufficient electrical charge to reach its destination or 
another charging station and would therefore strand the vehicle's 
occupants. This also includes the anxiety that chargers would not be 
available where and when needed. Furthermore, the lack of minimum 
standards for chargers reduces the reliability of a consistent charging 
experience (e.g., the charger meets their needs, is working and 
available, etc.) for consumers when they encounter a new charging 
station. Beyond standardizing consumer and industry expectations, the 
proposed regulation would outline minimum standards and requirements to 
ensure the appropriate use of Federal funds on a new technology and 
market, and greatly enhance consumer confidence and public safety.

Benefits to NEVI Formula Program Proposed Regulations

    The FHWA believes that the establishment of this regulation would 
provide a powerful antidote to these issues, create energy 
independence, and encourage more widespread adoption of EVs because EV 
consumers would be more confident in the availability, safety, and 
consistency of EV charging stations.
    Accordingly, by encouraging the adoption and expansion in use of 
EVs, title 23 investments in EV charging infrastructure have the 
potential to significantly address the transportation sector's outsized 
contributions to climate change. President Biden, American families, 
automakers, and autoworkers agree: the future of transportation is 
electric. The electric car future is cleaner, more equitable, more 
affordable, and an economic opportunity to support good-paying, union 
jobs across the installation and maintenance of the charging 
infrastructure as well as in American supply chains as automakers 
continue investing in manufacturing clean vehicles and the batteries 
that power them.\4\ Currently, the transportation sector is both the 
largest source of U.S. carbon dioxide emissions,\5\ and is increasingly 
vulnerable because of the higher temperatures, more frequent and 
intense precipitation, and sea level rise associated with the changing 
climate. Much of existing transportation infrastructure was designed 
and constructed without consideration of these changes.
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    \4\ White House Fact Sheet: The Biden-Harris Electric Vehicle 
Charging Action Plan (December 13, 2021), available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/13/fact-sheet-the-biden-harris-electric-vehicle-charging-action-plan/.
    \5\ See EPA Inventory of U.S. Greenhouse Gas Emissions and 
Sinks, available at https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks-1990-2019.
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    The Sixth Assessment Report by the Intergovernmental Panel on 
Climate Change (IPCC), released on August 7, 2021, confirms that human 
activities are increasing greenhouse gas concentrations that have 
warmed the atmosphere, ocean, and land at a rate that is unprecedented 
in at least the last 2000 years.\6\ According to the report, global 
mean sea level has increased between 1901 and 2018, and changes in 
extreme events such as heatwaves, heavy precipitation, hurricanes, 
wildfires, and droughts have intensified since the last assessment 
report in 2014.\7\ These changes in extreme events, along with 
anticipated future changes in these events due to climate change, 
threaten the reliability, safety and efficiency of the transportation 
system. At the same time, transportation contributes significantly to 
the causes of climate change \8\ and each additional ton of 
CO2 produced by the combustion of fossil fuels contributes 
to future warming and other climate impacts.
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    \6\ See IPCC, 2021: Summary for Policymakers. In: Climate Change 
2021: The Physical Science Basis. Contribution of Working Group I to 
the Sixth Assessment Report of the Intergovernmental Panel on 
Climate Change, available at https://www.ipcc.ch/report/ar6/wg1/#SPM.
    \7\ IPCC, 2021: Climate Change 2021: The Physical Science Basis. 
Contribution of Working Group I to the Sixth Assessment Report of 
the Intergovernmental Panel on Climate Change [Masson-Delmotte, V., 
P. Zhai, A. Pirani, S.L. Connors, C. P[eacute]an, S. Berger, N. 
Caud, Y. Chen, L. Goldfarb, M.I. Gomis, M. Huang, K. Leitzell, E. 
Lonnoy, J.B.R. Matthews, T.K. Maycock, T. Waterfield, O. 
Yelek[ccedil]i, R. Yu, and B. Zhou (eds.)]. Cambridge University 
Press. In Press.
    \8\ Jacobs, J.M., M. Culp, L. Cattaneo, P. Chinowsky, A. Choate, 
S. DesRoches, S. Douglass, and R. Miller, 2018: Transportation. In 
Impacts, Risks, and Adaptation in the United States: Fourth National 
Climate Assessment, Volume II [Reidmiller, D.R., C.W. Avery, D.R. 
Easterling, K.E. Kunkel, K.L.M. Lewis, T.K. Maycock, and B.C. 
Stewart (eds.)]. U.S. Global Change Research Program, Washington, 
DC, USA, pp. 479-511. doi: 10.7930/NCA4.2018.CH12.
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    By encouraging widespread adoption of a zero-emissions 
transportation mode, the proposed regulation would supercharge 
America's efforts to lead the electric future and align with recent 
Executive Orders (E.O.) 13990, E.O. 14008, and a U.S. target of 
achieving a 50 to 52 percent reduction from 2005 levels of economy-wide 
net GHG pollution in 2030, on a course toward reaching net-zero 
emissions economy-wide by no later than 2050.\9\ Section 1 of E.O. 
13990, ``Protecting Public Health and the Environment and Restoring 
Science to Tackle the Climate Crisis,'' 86 FR 7037 (Jan. 25, 2021), 
articulates national policy objectives, including listening to the 
science, improving public health and protecting the environment, 
reducing GHG emissions, and strengthening resilience to the impacts of 
climate change. E.O. 14008, ``Tackling the Climate Crisis at Home and 
Abroad,'' 86 FR 7619 (Feb. 1, 2021), recommits the United States to the 
Paris Agreement and calls on the United States to begin the process of 
developing its nationally determined contribution to global GHG 
reductions. 86 FR at 7620.
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    \9\ White House Fact Sheet: The Biden-Harris Electric Vehicle 
Charging Action Plan (December 13, 2021), available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/13/fact-sheet-the-biden-harris-electric-vehicle-charging-action-plan/, 
White House Fact Sheet: President Biden Sets 2030 Greenhouse Gas 
Pollution Reduction Target Aimed at Creating Good-Paying Union Jobs 
and Securing U.S. Leadership on Clean Energy Technologies (Apr. 22, 
2021), available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/; White House Fact Sheet: President Biden's Leaders 
Summit on Climate (Apr. 23, 2021), available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/23/fact-sheet-president-bidens-leaders-summit-on-climate/.
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    E.O. 14008 also calls for a Government-wide approach to the climate 
crisis and acknowledges opportunities to create well-paying, union jobs 
to build a modern, sustainable infrastructure, to provide an equitable, 
clean energy future, and to put the U.S. on a path to achieve net-zero 
emissions, economywide, no later than 2050. 86 FR at 7622. It also 
supports the principle set forth in section 213 of E.O. 14008 ``to 
ensure that Federal infrastructure investment reduces climate 
pollution.'' 86 FR at 7626. Reducing the barriers to charging 
infrastructure will enable the rapid expansion of zero-emission 
vehicles, a central component of the U.S. Long Term Strategy to reach 
net-zero greenhouse gas emissions by 2050.\10\ In line with this E.O. 
and addressing the climate crisis, enabling wider adoption of EVs may 
also have significant benefits to equity and environmental justice 
whereby a national network of EV charging infrastructure reduces 
disparities in access to transportation infrastructure and health 
effects.\11\
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    \10\ The Long-Term Strategy of the United States, Pathways to 
Net-Zero Greenhouse Gas Emissions by 2050 (whitehouse.gov).
    \11\ U.S. Department of Transportation Strategic Plan FY 2022-
2026.
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    The NEVI Formula Program presents an opportunity to advance both 
equity and environmental justice for

[[Page 37266]]

communities that have been underserved by transportation infrastructure 
and overburdened by costs and environmental harms. When determining 
where EV charging stations should be located, there should be 
engagement with rural, underserved, and disadvantaged communities to 
ensure that diverse views are heard and considered and to ensure that 
the deployment, installation, operation, and use of EV charging 
infrastructure achieves equitable and fair distribution of benefits and 
services. Historically, innovations in clean energy and transportation 
have not been deployed evenly across communities. This has resulted in 
underserved, overburdened, and disadvantaged communities being left 
behind.
    Achieving our long-term goals requires the equitable deployment of 
electric vehicle infrastructure, and NEVI Formula Program funding is 
the opportunity to ensure these investments benefit disadvantaged 
communities and create safeguards to prevent or mitigate potential 
harms. Consideration of the benefits and harms is in accordance with 
E.O. 13985, which requires the Federal Government to pursue a 
comprehensive approach to advance racial equity for all, and E.O. 
14008, which created the Justice40 Initiative, which established a goal 
that 40 percent of the overall benefits of certain federal investments 
flow to disadvantaged communities. 86 FR at 7626. OMB M-21-28 Interim 
Guidance provides that NEVI Formula Program funding is a Justice40 
federal covered program.
    Consideration for how benefits of EV charging flow to rural, 
underserved, and disadvantaged communities will be vital towards 
ensuring NEVI Formula Program funding is distributed meaningfully and 
equitably in accordance with E.O. 14008. In the absence of the NEVI 
Formula Program, the market will not prioritize the installation of 
important EV chargers densely populated urban communities where the 
cost of real estate is relatively higher or in sparsely populated rural 
areas lacking access to transportation alternatives. If access to EV 
chargers is dictated by these market forces, then rural areas, 
underserved communities, and disadvantaged communities will experience 
delayed and diminished access to this clean energy technology and the 
transportation infrastructure that is vital to a healthy economy. Such 
outcomes would be at odds with E.O. 13985, ``Advancing Racial Equity 
and Support for Underserved Communities Through the Federal 
Government,'' at 86 FR 7009.
    However, the proposed rule would complement the February 10, 2022, 
NEVI Formula Program Guidance, which encouraged EV chargers to be 
spaced a maximum distance of 50 miles apart along designated alternate 
fuel corridors (AFCs), by requiring minimum standards for the 
development of each station. Providing minimum standards and 
requirements for the development of each charging station helps to 
ensure equitable access to clean transportation options and the 
electric grid across all communities, increasing parity in clean energy 
technology access and adoption. Over the long-term, according to the 
DOE, EV ownership is usually less expensive than ownership of gasoline-
powered vehicles.\12\ Additionally, the low cost of operation makes 
some EVs less expensive on a monthly basis, compared to equivalent 
gasoline-powered vehicles, when vehicle purchase price is financed.\13\ 
Thus, increased adoption in these communities could be associated with 
a community-wide decrease in transportation energy cost burdens. In 
communities where transportation corridors see a mode-share shift from 
gasoline-powered vehicles to EVs, there will be a marked reduction in 
environmental exposures to transportation emissions. Widespread 
adoption of EVs in the U.S. would also increase our energy resilience 
by increasing the share of vehicles that operate on energy sources that 
are domestically produced and regulated and assist in creating energy 
independence and domestic job creation.
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    \12\ https://afdc.energy.gov/calc/. This tool calculates the 
total cost of vehicle ownership. Selecting the 2022 Ford Mustang 
Mach-E RWD and an equivalent gasoline-powered vehicle, such as the 
2022 Ford Explorer RWD Gasoline, shows that the EV's total cost of 
ownership breaks even with the conventional vehicle after 5 years 
when gasoline price is set at $4.50/gallon and the state of Ohio is 
selected.
    \13\ Comparing total cost of ownership of battery electric 
vehicles and internal combustion engine vehicles, Most Electric 
Vehicles are Cheaper to Own Off the Lot Than Gas Cars.
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    The NEVI Formula Program also addresses the acknowledgement in E.O. 
14008 that the path to a net-zero emissions economy provides 
opportunities to create well-paying, union jobs to build a modern 
sustainable infrastructure. 86 FR 7622. This proposed rule would 
outline minimum qualifications for technicians working on-site at 
charging stations. Minimum skill, training, and certification standards 
for technicians ensures that the deployment of charging infrastructure 
will support stable career-track employment for workers across the 
country, creating more openings for workers to pursue training in the 
electrical trades--critical occupations for the clean energy 
transition. By requiring on-site installation, maintenance, and 
operations to be performed by a well-qualified, highly-skilled, and 
certified, licensed, and trained workforce, the proposed regulation 
would also increase the safety and reliability of charging station 
function and use, and mitigate project delivery issues such as cost 
overruns and delays.
    The proposed regulation would establish minimum standards and 
requirements specific to the use of NEVI Formula Program funds and 
funds made available under title 23, United States Code for projects 
for the construction of publicly accessible EV chargers with the 
prioritization of projects along Interstates in order to create a 
reliable national network of EV charging infrastructure for those 
travelling long distances or for multiple hours at a time. E.O. 14036 
also points out that if successfully deployed an interoperable EV 
charging network can be expected to give EV manufacturers more space to 
experiment, innovate, and pursue the new ideas leading to more choices, 
better service, and lower prices especially with regard to the EVs 
themselves. 86 FR 36987.

Request for Information

    The proposed regulation for minimum standards and requirements 
under the NEVI Formula Program required consultation with relevant 
stakeholders. The DOT issued a Request for Information (RFI) published 
in the Federal Register on November 29, 2021 (86 FR 67782). There were 
483 comments received in response to the RFI. Commenters included 
local, State, and regional governments and included those with the full 
range of experiences installing and operating EV infrastructure. 
Industry groups and businesses involved with EV infrastructure, ranging 
from small businesses to trade groups and multi-national corporations, 
also provided comments. Some comments received were from formal trade 
organizations: the International Brotherhood of Electrical Workers, 
AFL-CIO, CLC (IBEW), American Federation of Labor and Congress of 
Industrial Organizations (AFL-CIO), and Laborers' International Union 
of North America. Nonprofit groups provided feedback as to how the NEVI 
Formula Program could positively or negatively impact the communities 
that these groups represented. The FHWA also received comments from 
individual members of

[[Page 37267]]

the public to include EV owners and others who would be impacted by the 
NEVI Formula Program. The FHWA considered this input in the development 
of this regulation. A discussion of how the most prevalent topics were 
considered and addressed is provided below.
    In addition to the RFI, the White House sponsored 18 stakeholder 
meetings between November and December 2021, each with multiple 
organizations attending and each addressing a different stakeholder 
group. Input from these meetings was also considered during the 
development of this proposal.
    The FHWA inquired to stakeholders how the Buy America provisions 
would impact the NEVI Formula Program and asked for comments through 
two Federal Register Request for Information discussed below. As stated 
in E.O. 14005 published on January 25, 2021, Ensuring the Future Is 
Made in All of America by All of America's Workers, Made in America 
laws, such as the Buy American Act \14\ requires the Federal government 
to buy domestic ``articles, materials, and supplies'' when they are 
acquired for public use, subject to exceptions for nonavailability of 
domestic products, unreasonable cost of domestic products, acquisitions 
subject to certain trade agreements, and situations where it would not 
be in the public interest to buy domestic products.\15\ The FHWA 
received significant feedback regarding compliance with Buy America 
through stakeholder engagement and comments from both the RFI published 
on November 29, 2021 (86 FR 67782) \16\ and a separate RFI specific to 
Buy America published on November 24, 2021 (86 FR 67115). Unless 
otherwise specified, all applicable requirements under chapter 1 of 
title 23, United States Code, apply to the use of NEVI Formula Program 
funds and funds made available under title 23, United States Code for 
projects for the construction of publicly accessible EV chargers, 
including Buy America requirements at 23 U.S.C. 313. Additionally, the 
NEVI Formula Program is an infrastructure program subject to the Build 
America, Buy America Act (Pub. L. 117-58, div. G sections 70901-70927). 
Additionally, it is important to note that as expressed in E.O. 14005, 
Ensuring the Future Is Made in All of America by All of America's 
Workers (86 FR 7475), it is the policy of the executive branch to 
maximize, consistent with law, the use of goods, products, and 
materials produced in, and services offered in, the United States.
---------------------------------------------------------------------------

    \14\ 41 U.S.C. 10a-10d.
    \15\ 86 FR 7475 (January 28, 2021).
    \16\ https://www.govinfo.gov/app/details/FR-2021-11-29/2021-25868.
---------------------------------------------------------------------------

    The FHWA acknowledges that the EV charging industry expressed early 
concerns regarding the difficulty in procuring EV charging equipment 
that met Buy America compliance. The FHWA also acknowledges that the 
domestic EV charger manufacturing industry is rapidly adapting with 
announcements about U.S. manufacturers opening new plants as recently 
as this calendar year.\17\ The comment period for the Buy America RFI 
closed on January 10, 2022. The RFI was intended to gather information 
about the shifting manufacturing and assembly processes in the United 
States for EV chargers and the availability of EV chargers manufactured 
and assembled in the United States in compliance with Buy America. 
Continued review of the information received from this RFI may result 
in updated policy guidance or regulation, as needed.
---------------------------------------------------------------------------

    \17\ FACT SHEET: Biden-Harris Administration Ensuring Future is 
Made in America [verbar] The White House.
---------------------------------------------------------------------------

    It is important to also note that several topics raised for concern 
by comments received from the RFI are not applicable to this proposed 
regulation because they were outside the scope of the minimum standards 
and requirements but may be addressed through subsequent guidance.
    Some responses to the RFI included various suggestions of station 
design, in particular vehicle size allowances and pull-through access. 
Minimum standards for vehicle size in station design are not proposed 
in this rulemaking. However, States are encouraged to consider large 
vehicles, including medium- and heavy-duty vehicles (such as electric 
school buses and delivery vehicles) and vehicles with attached 
trailers. Pull-through charging stations may provide better access for 
vehicles pulling a trailer; pull-through charging stations provide 
ample room to move around a vehicle that may take longer to charge, 
because they allow vehicles to exit the station without backing up and 
preclude the need to decouple the trailer to fit within the parking 
area adjacent to the charger. Front pull-in parking style charging 
stations may be appropriate in many situations as they allow vehicles 
to freely access the charger without the potential to be blocked into 
the location until another vehicle completes charging. Station design 
consideration is location specific and should provide the public with 
an efficient, safe, and convenient charging experience.
    Other responses to the RFI included suggestion to address emergency 
situations that could arise for EVs. This proposed rule does not 
consider minimum standards for traffic incident management specific to 
emergency situations where EVs lose their charge on the roadway. The 
proposed minimum standards would address the development of charging 
stations, and it is recognized that if EVs are able to arrive at 
charging stations, there are no on-road emergency situations. However, 
if EVs lose their charge while driving on the roadway, this emergency 
situation could create a traffic incident. The FHWA requests comments 
to address this important issue. The FHWA requests specific comment on 
how traffic incident management, crashes, and emergency situations 
should be addressed.
    Several commenters voiced opinions on the physical safety of the EV 
charging stations and the consumers as well as cybersecurity concerns. 
Safety is a top priority at FHWA and must be incorporated in all 
federally funded projects. Safety was considered throughout the 
development of the proposed regulations, and this proposed regulation 
would require States to specifically address physical safety and 
cybersecurity.
    Other comments raised through the RFI include topics that will be 
addressed by each State through the development of State EV 
Infrastructure Deployment Plans (as outlined in the NEVI Formula 
Program Guidance released on February 10, 2022) rather than by the 
Federal Government through the proposed regulation. For example, FHWA 
acknowledges that the development of a cohesive reliable national EV 
charging network will require interstate and regional coordination 
across State borders. Consideration and discussion of regional 
coordination is specifically outlined in the NEVI Formula Program 
Guidance's description of how a State EV Infrastructure Deployment Plan 
should be formatted. This same section of the NEVI Formula Program 
Guidance similarly outlines that States are expected to include a 
discussion of maintenance and operational strategies in their State EV 
Infrastructure Deployment Plans.
    Questions have also arisen about the details of receiving 
discretionary exceptions to charger spacing requirements along and 
within the AFCs. Information about discretionary exceptions is included 
in the NEVI Formula Program Guidance and is not

[[Page 37268]]

proposed for further discussion within this regulation.

Section-by-Section Discussion of the Proposed Changes

    The FHWA invites comments on the proposed minimum standards and 
requirements and identifies areas where comments may be particularly 
useful.

Section 680.100 Purpose

    Section 680.100 would identify the purpose of the regulation to 
establish a set of minimum standards and requirements applicable to two 
types of publicly accessible EV charging projects: those funded under 
the NEVI Formula Program and those constructed with any funds made 
available under title 23, United States Code.

Section 680.102 Applicability

    The FHWA proposes that the regulation apply to all NEVI Formula 
Program projects and all publicly accessible EV chargers constructed 
using funds made available under title 23, United States Code.

Section 680.104 Definitions

    The FHWA proposes definitions for the minimum standards and 
requirements for this regulation. These definitions are provided to 
identify terms that are common in the EV charging industry but that may 
not be present elsewhere in 23 U.S.C. or 23 CFR and thus may be 
unfamiliar in the transportation industry.

Section 680.106 Installation, Operation, and Maintenance by Qualified 
Technicians of Electric Vehicle Charging Infrastructure

    The proposed regulation includes procurement process transparency 
considerations, the minimum number of chargers, connector type, and 
power level for each EV charging station. These minimum requirements 
are proposed to provide the public with a predictable user experience 
of the public charging infrastructure.
    Section 680.106(a) explains the expectation of public transparency 
when EV charging prices are to be set by a third party. Under Paragraph 
(2) under the Highway Infrastructure Program heading in title VIII of 
division J of BIL, the FHWA is required to release a set of minimum 
standards and requirements for the implementation of the NEVI Formula 
Program, which includes ``information on publicly available electric 
vehicle charging infrastructure locations, pricing, real-time 
availability, and accessibility through mapping applications.'' 
(emphasis added). Since government funds will be, in part, subsidizing 
these EV charging stations, FHWA proposes there be public disclosure 
for the documents concerning the operations of EV charging stations 
where price setting is involved, including the procurement process 
used, the number of bids received, the identification of the awardee, 
the proposed contract with the awardee and, in accordance with State 
law, the financial summary of contract payments (including the price 
and cost data) and any information describing how prices for EV 
charging are to be set under the contract. These items shall be made 
publicly available whether through an announcement, public comment 
period or other means. The FHWA believes this will protect the public 
interest in understanding how prices for charging are set or to be 
determined whenever a private operator is involved in the determination 
of price. Since the NEVI Formula Program shall be administered as if 
apportioned under chapter 1 of title 23, United States Code (1st 
proviso of paragraph (6) under the ``Highway Infrastructure Program'' 
heading in title VIII of division J of Pub. L. 117-58), States would be 
subject to 23 U.S.C. 112 and implementing procurement regulations for 
the procurement of construction and design. Additionally, any 
agreements for the operation and maintenance of an EV charging station 
are subject to the State procurement policies and procedures per 2 CFR 
200.317.
    This language is also consistent with FHWA guidance regarding 
public transparency in public-private partnership (P3) procurements. 
The FHWA recognizes that some State DOTs do not have the authority to 
enter into P3 agreements and FHWA is not requiring any State DOT to 
enter into a P3 for EV charging stations. The proposed requirements 
would be applicable to any procurement involving NEVI Formula Program 
funds, any time EV charging prices are to be set by a third party. The 
FHWA requests comment on what other actions could be proposed to 
improve transparency during the procurement process in order to ensure 
the price of EV charging is as transparent as possible.
    The proposed regulation outlines the minimum number and type of 
chargers required in Sec.  680.106(b). In order to provide appropriate 
charging for EVs in route to their final destinations, FHWA proposes to 
require Direct Current Fast Chargers (DCFCs), which are the fastest 
chargers currently available in the public charging marketplace, when 
installed under the NEVI Formula Program. While DCFCs are more 
expensive to install and operate, by providing a faster experience, 
they allow for convenient charging solutions for those vehicles that 
will be travelling long distances or for multiple hours at a time in 
comparison to other chargers that would take longer to charge EVs. The 
FHWA has identified a need to address this type of EV charging in 
particular, whereby the charging station would typically provide a 
waypoint stop but not be the final destination of the EV trip and 
consider that with the consumers that would be using these types of EV 
charging stations, time is a premium concern. By servicing this 
waypoint need, FHWA recognizes that charging stations should be built 
to prioritize convenience over price in order to be effective and 
determines this is the best option for those EV charging stations 
located along Interstates. Convenience is also the goal in the proposed 
requirement for the number of charging ports at each charging station; 
Sec.  680.106(b) would require a minimum of four charging ports capable 
of simultaneously charging four EVs. Because even DCFCs typically 
require a third of an hour to provide sufficient vehicle charge, long 
queues of EVs waiting to charge could develop at charging stations if 
there are insufficient charging ports available. In practice, most 
current new public charging stations include 2-8 charging ports to 
address the growing demand, with some industry leaders adopting an 
internal standard minimum of 8 charging ports per station. In an effort 
to balance the desire to future proof these facilities in order to 
handle increasing demand, while creating space to avoid unduly burdens 
on newer entrants to the EV charging market, FHWA proposes a minimum of 
four charging ports per station. The FHWA proposes that the minimum 
number of four ports per charging station apply to projects funded with 
NEVI Formula Program funds only. States can still install less than 
four ports DCFC charging stations and AC Level 2 charging stations 
under non-NEVI funded programs. The FHWA requests comments on whether a 
different number of DCFC ports should be required at NEVI Formula 
Program funded charging stations.
    Section 680.106(c) proposes a requirement that DCFCs connect and 
communicate with EVs through an industry standard charging port type 
called the Combined Charging System (CCS). The CCS port is a non-
proprietary, accepted standard port in North America developed and 
endorsed by the Society of Automotive Engineers (SAE). The CCS 
connectors are proposed for all DCFCs to accommodate

[[Page 37269]]

a baseline of vehicles and to accommodate use of adapters that will 
provide EV charging for all vehicles. The CCS ports represent the most 
common port type used across all manufacturers of new EVs today. As 
stated in the 16th proviso of paragraph (2) under the ``Highway 
Infrastructure Program'' heading in title VIII of division J of Public 
Law 117-58, until the Secretary certifies that a State is fully built 
out on their Alternative Fuel Corridors, NEVI funding is limited to use 
on EV charging stations along Alternative Fuel Corridors. The program 
guidance that FHWA released for the NEVI Formula Program,\18\ explains 
that fully built out is inclusive of installing four DCFCs. In an 
effort to provide redundancy and address different needs of EV drivers, 
the proposed regulation includes language allowing for the installation 
of additional AC Level 2 chargers only after the NEVI Formula Program 
requirements for DCFCs have been met for projects that use NEVI Formula 
Program funds. Section 680.106(c) would identify the J1772 connector as 
the proposed connector type requirement for AC Level 2 chargers. The 
FHWA acknowledges that AC Level 2 chargers may be desired for redundant 
installation because they are less expensive to install and operate. 
Section 680.106(c) would further provide for additional flexibility for 
the provision of charging ports after the aforementioned CCS 
requirement has been met. This includes adding permanently attached 
proprietary connectors to DCFCs. In addition, specific to the use of 
FY22 NEVI Formula Program funds, DCFCs may include permanently attached 
CHAdeMO connectors for one or more DCFC charging port. The option to 
install these additional charging connectors is proposed as part of the 
regulation to allow States the flexibility to address immediate 
identified needs in their communities while participating in the CCS 
standard which would be consistent throughout the national network. The 
FHWA requests comment on how other charging technologies, such as 
overheard catenary chargers and wireless chargers, should be addressed.
---------------------------------------------------------------------------

    \18\ https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf.
---------------------------------------------------------------------------

    Section 680.106(d) outlines proposed minimum power levels to 
provide a reliable DCFC experience for convenient EV charging. 
Requirements for minimum power level capabilities provided at each port 
are key to ensuring that the DCFCs are able to provide a consistent and 
speedy charge. Comments received through the RFI indicated that several 
State DOTs currently require EV charging stations to have the 
capability to deliver power at or above 150kW per charging port and 
that this is becoming the prevailing industry preference for DCFC 
charging. The FHWA encourages the installation of chargers with higher 
power levels where appropriate to support industry efforts to ensure a 
consumer's time to charge is at least comparable to filling a gas tank.
    The inclusion of a requirement that each DCFC charging port must be 
at or above 150kW would benefit the charging industry primarily in 
communicating standards with individual utilities that may not be 
accustomed to EV industry preferences. Section 680.106(d) would include 
several such components describing power level requirements for 
coordination between charging station owners/operators and utility 
providers. This regulation would also outline minimum requirements for 
the participation of DCFC and AC Level 2 chargers in smart charge 
management programs to ensure a consistent charging experience and 
prioritize charging speed. This section would also outline power level 
requirements for any AC Level 2 ports, including a proposed requirement 
that all AC Level 2 chargers have the capability to deliver at least a 
maximum power level of 6 kW per port simultaneously across all AC ports 
(these charger types would only be allowed after the minimum 
requirement in Sec.  680.106(b) is met). The FHWA requests comment on 
how longer-dwell parking locations and locations that offer battery 
swapping technology should be addressed.
    Section 680.106(e) would require that charging stations be 
available for use by the public 24 hours a day, seven days a week, and 
on a year-round basis, with minor exceptions. The FHWA believes the 
near constant availability of chargers is key for providing a 
convenient national EV charging network especially along long-distance 
travel routes. Consideration should be paid to the need of users to 
access EVSE during times of emergency such as evacuation from natural 
disasters, and the risk associated with locating EVSE in base-
floodplains, as required by FHWA regulations at 23 CFR 650 Subpart A. 
Additional consideration may be paid to whether EVSE located in 
floodplains will not be at risk from their locations being within the 
projected future base floodplains, as described by the Federal Flood 
Risk Management Standard in E.O. 14030, Climate-Related Financial Risk 
(86 FR 27967) and 13690, Establishing a Federal Flood Risk Management 
Standard and a Process for Further Soliciting and Considering 
Stakeholder Input (80 FR 6425.) Isolated or temporary interruption to 
service or access for maintenance and repairs would not constitute a 
violation of this proposed requirement. The FHWA requests specific 
comment on what additional considerations should be contemplated to 
ensure EVSE resilience/reliability in floodplains and during natural 
disasters.
    Section 680.106(f) outlines proposed requirements for payment 
methods used at EV charging stations. The proposed regulation would 
include requirements meant to ensure the interoperability of EV 
charging stations across the national network by requiring payment 
methods to adhere to industry standards and also requiring that 
memberships not be required for use. The interoperability of charging 
stations is key to ensuring EV drivers can have a consistent payment 
experience across the country. The proposed regulation also outlines 
several requirements meant to ensure payment options are secure, 
equitable, and accessible, while still ensuring that the rule will 
accommodate future innovations in payment methods. This includes 
proposed requirements that payment options include contactless payment 
methods, that contactless payment be accepted from all major debit and 
credit cards, and that access and service are not restricted by 
membership or payment method type. The FHWA requests comments on 
whether there are other factors that could be considered to avoid an 
instance of creating an EV charging station that is limited to one type 
of EV consumer wanting to use it or benefiting from its use (sometimes 
also referred to as a walled garden). Plug and Charge payment 
capabilities are also required. The FHWA requests comment on the 
payment methods that are currently proposed including whether non-
contactless payment options should be required. The FHWA is not 
requiring that the sole payment method be credit card, in order to be 
mindful of the needs of the unbanked and underbanked who may need to 
pay via another payment method such as the option to purchase a prepaid 
card to be used at the EV charging station. This section also would 
require that multilingual access and access for people with 
disabilities be provided in the creation of payment instructions. The 
FHWA specifically requests comments on whether the proposed payment 
method language adequately meets the needs of the

[[Page 37270]]

unbanked and underbanked as well as strategies to address multilingual 
access and access for people with disabilities in the creation of EV 
charging payment instructions. The FHWA also requests comments on 
whether other payment methods should be required beyond what is 
currently proposed.
    Section 680.106(g) outlines proposed requirements for equipment 
certification. All EVSE would be required to obtain certification from 
an Occupational Safety and Health Administration Nationally Recognized 
Testing Laboratory.\19\ ENERGY STAR certification was considered in the 
development of this proposed regulation due to its established 
credentials in certifying energy-efficient products, thus promoting 
climate benefits such as low energy use and reduced emissions. For AC 
Level 2 EVSE ENERGY STAR certification is required. For DCFCs 50-350kW, 
while ENERGY STAR certification exists the product availability is 
limited therefore certification is not required at this time.
---------------------------------------------------------------------------

    \19\ OSHA's Nationally Recognized Testing Laboratory (NRTL) 
Program--Current List of NRTLs [verbar] Occupational Safety and 
Health Administration.
---------------------------------------------------------------------------

    Section 680.106(h) would require States to implement physical and 
cybersecurity strategies consistent with their State EV Infrastructure 
Deployment Plans. This section also includes options for both physical 
security, such as lighting, siting, driver and vehicle safety, fire 
prevention, tampering, charger locks, and illegal surveillance of 
payment devices, and cybersecurity strategies that may be addressed in 
order to mitigate charging infrastructure, grid, and consumer 
vulnerability associated with the operation of charging stations. The 
FHWA encourages States to implement policies to safeguard consumer 
privacy and requests comments on best practices available in the 
industry.
    Section 680.106(i) proposes to establish a requirement for States 
to maintain charging infrastructure in compliance with the provisions 
in this proposed regulation for at least 5 years. The period of 5 years 
was chosen to provide a reasonable useful life while providing 
sensitivity to the emerging nature of this type of equipment and the 
fast pace of technological advancements in the EV charging arena. At 
the conclusion of the 5 year required maintenance period, States can 
choose to retire the infrastructure that has reached the end of its 
useful life and should consider upgrading or replacing the EVSE if 
necessary. However, if the EVSE is still functioning to meet its 
intended purpose after 5 years, States should consider maintaining, or 
supporting the maintenance of, the EVSE to most efficiently make use of 
Federal resources. The FHWA requests comments on whether 5 years is a 
reasonable timeframe to require States to maintain EV charging 
infrastructure in compliance with these proposed regulations or if 
another timeframe should be considered.
    Section 680.106(j) requires States ensure that the installation and 
maintenance of EVSE is performed safely by a skilled workforce that has 
appropriate licenses, certifications, and training. The proposed 
regulation would further encourage States to utilize a diverse 
workforce of electricians and other laborers.
    The proposed regulation also requires that, with the exception of 
apprentices, all electricians installing, maintaining, and operating 
EVSE be certified through the Electric Vehicle Infrastructure Training 
Program (EVITP). The EVITP refers to a comprehensive training program 
for the installation of EV supply equipment. To be eligible for EVITP, 
a participant must be a State licensed or certified electrician or if 
the participant works in a States that does not license or certify 
electricians, the participant must provide documentation of a minimum 
of 8,000 hours of hands-on electrical construction experience. The 
EVITP was created by a collaboration of industry stakeholders from the 
private sector and educational institutions. For more information, 
refer to https://evitp.org/. The FHWA requests comments on whether 
there should be an alternative to the proposed requirement of 
certification through the EVITP, such as a U.S. DOL--recognized 
Registered Apprenticeship EVSE training program.
    The FHWA is aware of both support and concerns from some portions 
of the EV charging industry regarding the EVITP. One concern with the 
EVITP (as submitted through the RFI comments) is that making it the 
sole provider of licensing EV technicians would serve to privatize the 
licensing process or impose a significant hurdle to obtaining qualified 
electricians to install, operate, or maintain EVSE. The FHWA has 
addressed this concern by providing an option that States can meet the 
requirement through another Registered Electrical Apprenticeship 
program that includes EVSE-specific training. Section 680.106(j) also 
requires that, for projects where more than one electrician is needed, 
at least one electrician be an apprentice in a registered electrical 
apprenticeship program. Section 680.106(j) further requires that all 
other, non-electrical laborers directly working on EVSE have 
appropriate licenses, training and certification in support of 
providing a safe and quality charging station. The FHWA specifically 
requests comments on how best to utilize the registered apprenticeship 
system to ensure qualified electricians, whether EVSE-specific training 
should be required, whether EVITP and its associated costs will impose 
a significant hurdle to obtaining qualified electricians to install, 
operate, and maintain EVSE, and what other equivalent EVSE training 
programs like EVITP should be considered as meeting the requirement.
    As stated in the NEVI Formula Program Guidance, FHWA recommends 
that States take proactive steps to work with training providers, 
workforce boards, labor unions and other worker organizations, 
community-based organizations, and non-profits to build a local 
workforce that will support the EV network. This includes encouraging 
the expansion of registered apprenticeship programs and apprenticeship 
readiness or pre-apprenticeship programs that prepare workers for 
registered apprenticeship. States are encouraged to support training 
pathways that are inclusive of women, Black, Latino, Asian American 
Pacific, Indigenous, and other underrepresented groups. There are 
several sources of funding that can be used to provide financial 
assistance to such programs, additional information can be found at 
https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/resources/ev_funding_report_2021.pdf. Consistent with Justice40,\20\ 
States should also consider how disadvantaged communities will benefit 
from this added job growth. The FHWA requests comments regarding the 
availability of the workforce to meet these proposed requirements.
---------------------------------------------------------------------------

    \20\ Section 219 of Executive Order 14008, Tackling the Climate 
Crisis at Home and Abroad and OMB, ``Interim Implementation Guidance 
for the Justice40 Initiative,'' M-21-28 (July 20, 2021) available at 
https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.
---------------------------------------------------------------------------

    Section 680.106(k) outlines proposed requirements that EVSE allow 
for customers to report outages, malfunctions, and other issues with 
charging infrastructure. This section also would specify that States 
make these reporting mechanisms accessible and equitable by complying 
with the American Disabilities Act of 1990 requirements and 
multilingual access. The proposed regulation would provide States with 
flexibility to address customer service needs while recognizing the 
important and varied role customer service requirements

[[Page 37271]]

could serve. In an effort to identify real-time incidents, FHWA 
requests comments on customer service strategies to enter any issues as 
part of the real-time status data that would be outlined in Sec.  
680.116(c). The FHWA would also encourage States to provide emergency 
response information on-site at charging stations. The FHWA also 
specifically requests comments on customer service strategies to 
connect charging stations to or provide access for traffic incident 
management solutions such as the provision of an emergency call box.
    Section 680.106(l) proposes requirements to protect customer data 
privacy. The proposed regulation would require that only the 
information strictly necessary to provide service to the customer be 
collected, processed, and retained. The FHWA encourages States to 
implement policies to safeguard consumer privacy and requests comments 
on best practices available in the industry.
    Section 680.106(m) proposes to explain the purposes for which State 
DOTs and third parties can use NEVI program income. The requirement of 
what the net income from the sale, use, lease, or lease renewal of real 
property acquired can be used for is consistent with 23 U.S.C. 156. The 
explanation of use for the program income or revenue earned from the 
operation of an EV charging station mimics the limitations on use of 
revenues for toll roads, bridges, tunnels, and ferries found in 23 
U.S.C. 129.

Section 680.108 Interoperability of Electric Vehicle Charging 
Infrastructure

    Proposed Sec.  680.108 outlines minimum interoperability standards 
for charger communication with EVs. This section outlines and would 
promote industry standards for charging infrastructure consistent with 
standards outlined in ISO 15118, incorporated by reference in Sec.  
680.120. ISO 15118 is an international standard for EV-to-charger 
communication. ISO 15118 allows for several innovative techniques that 
are not yet widely adopted in the domestic EV charging marketplace, but 
that are of significant interest in the industry for future adoption 
such as Plug and Charge and smart charge management. As stated in the 
definitions section, Plug and Charge is a method of initiating charging 
and payment for charging upon plugging an EV into a charger. Smart 
charge management is another innovative technique that can provide 
tremendous benefits to include load management and grid resilience.
    In order to address both the desire to position EV charging 
infrastructure for long-term success and the potential for hesitation 
from certain parts of the industry to invest in newer technological 
capabilities provided for through compliance with ISO 15118, proposed 
regulations would require chargers to conform with ISO 15118 to 
reciprocate communications with CCS-compliant EVs that have implemented 
ISO 15118.
    Because EV technology is relatively new and evolving across the 
global market landscape, the regulatory environment for EV chargers is 
nascent and technological advances are occurring on an international, 
rather than a national scale. Therefore, one of the most trusted 
industry and market standards for charger to EV communication is an 
international group of standards, ISO 15118, developed by the 
International Electrotechnical Commission and the International 
Organization for Standardization. The ISO 15118 is recognized as the 
standard for charger to EV communication and is already used by the 
many major EV and charger manufacturers with products in the United 
States. While it is expected that EV communication standards and 
protocols will be updated on an iterative basis, FHWA understands that 
ISO 15118 provides an important industry baseline and future versions/
iterations of this standard are expected to be implemented as 
additional software updates are developed to accommodate future 
vehicles implementing future versions of the international standard. 
The FHWA acknowledges that there is not a history of unanimous support 
for ISO 15118; however, FHWA views the prevailing trend of the domestic 
EV market's reference for ISO 15118 as evidence that it provides an 
appropriate standard to reference in the proposed rule.\21\ The FHWA 
requests comment on the proposed reference to ISO 15118 and requests 
information about any other known standards that could be referenced in 
place of ISO 15118 while maintaining a seamless, uniform, and 
consistent experience across the national network. The FHWA also 
requests comment on whether a performance standard (i.e., a standard 
that requires outcomes rather than specifying a specific means to an 
end) would be more appropriate and, if so, what such a performance 
standard might look like.
---------------------------------------------------------------------------

    \21\ List of automaker members of CharIN, the industry 
consortium implementing ISO 15118 as the basis for a variety of 
charging technologies, including DC and AC conductive charging: 
Community--CharIN, List of CharIN members testing their 
implementations of CCS, including parts of ISO 15118, as of November 
2021: charin_testival_na_2021_press-release.pdf.
---------------------------------------------------------------------------

Section 680.110 Traffic Control Devices or On-Premises Signs Acquired, 
Installed or Operated

    This section proposes that minimum standards and requirements 
regarding traffic control devices and on-premise signage would be set 
by existing applicable regulations in 23 CFR part 655 and 23 CFR part 
750 for NEVI Formula Program projects and projects for the construction 
of publicly accessible EV charging infrastructure funded under title 
23, United States Code. These established regulations cover the traffic 
signs, signals, and pavement markings as well as directional and 
official signs adjacent to Interstates and the Federal-aid primary 
system (respectively). The FHWA is in the process of updating the 
Manual on Uniform Traffic Control Devices (MUTCD), which is governed by 
23 CFR part 655, through a parallel rulemaking.\22\ While the MUTCD is 
being updated, it currently does allow for and outlines requirements 
for EV charging signs.
---------------------------------------------------------------------------

    \22\ https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202110&RIN=2125-AF85.
---------------------------------------------------------------------------

Section 680.112 Data Submittal

    This section would outline the minimum data submittal requirements 
particular only to NEVI Formula Program projects. Section 680.112 would 
not apply to other EV charging projects funded through title 23, United 
States Code. The proposed data submittal requirements in Sec.  680.112 
include quarterly data submittal requirements (Sec.  680.112(b)), 
annual data submittal requirements (Sec.  680.112(c)), and a 
requirement to create an annual community engagement outcomes report 
(Sec.  680.112(d)). Throughout this section, FHWA proposes that States 
ensure data are properly collected, maintained, and submitted in a 
prescribed format. The FHWA is proposing that the data collected 
through Sec.  680.112 will be coordinated and maintained by the Joint 
Office. The FHWA will work with the Joint Office on ways to provide 
State DOTs with resources to facilitate the data collection and 
submission, which could include an online data portal, instructions for 
data formatting, standard reporting templates and automating data 
collection from charging network providers. The data management role of 
the Joint Office is consistent with the 26th proviso of paragraph (2) 
under the ``Highway Infrastructure Program'' heading in title VIII of 
division J of

[[Page 37272]]

Public Law 117-585858, which states that one of the responsibilities of 
the Joint Office is ``data sharing of installation, maintenance, and 
utilization in order to continue to inform the network build out of 
zero emission vehicle charging and refueling infrastructure.''
    Section 680.112(b) proposes that charging station use, reliability, 
and maintenance data be collected quarterly. These proposed quarterly 
data submittals would include data describing basic operations and 
usage of each charging station such as data that identify charging 
station locations, charging session metrics, and how much energy has 
been dispensed per port. Section 680.112(b) also outlines the proposed 
collection of maintenance and reliability data, such as charging 
station uptime, the total monthly cost of electricity that the charging 
station operator must pay to operate on a charging station each month 
(including demand charges, energy charges [$/kWh], fixed charges, 
taxes, and all other fees), and the monthly maintenance and repair 
costs per charging station. Where monthly data is utilized, this data 
would be required per month for each of the previous three months, 
provided every quarter.
    The FHWA also proposes to require the collection and submittal of 
charging station construction and charger installation data on a 
quarterly basis. The proposed regulation would require the submittal of 
detailed costs, such as the EVSE acquisition and installation costs, 
details about distributed energy resource acquisition and installation, 
and grid connection and upgrade costs paid by the charging station 
operator. Grid connection and upgrade data submittals would only be 
required specific to the costs on the utility side of the electric 
meter. Where distributed energy resources are involved, additional data 
is proposed for submittal regarding distributed energy resource 
capacity per charging station. The type of data proposed for collection 
through Sec.  680.112(b) is consistent with the description in BIL of 
the data the Joint Office is responsible for coordinating.
    Through Sec.  680.112(c), FHWA proposes to require the collection 
of three datasets on an annual basis. Proposed data requirements 
include identifying information for the organizations that operate, 
maintain and install the EVSE and whether these organizations 
participate in State or local business opportunity certification 
programs such as programs for minority-owned businesses, Veteran-owned 
businesses, woman-owned businesses, and/or businesses owned by 
economically disadvantaged individuals for private entities. These 
datasets are generally more static and require less frequent updates 
than the proposed data required through Sec.  680.112(b).
    Finally, Sec.  680.112(d) would require the creation of a community 
engagement outcomes report to document, on an annual basis, the 
community engagement activities conducted in compliance with a State's 
approved State EV Infrastructure Deployment Plan (these Plans are 
described in the NEVI Formula Program Guidance, released February 10, 
2022). This annual report would document adherence to the community 
engagement methodology described in approved Plans and would allow 
States to analyze feedback from the public regarding both successes and 
opportunities for improvement in NEVI Formula Program implementation. 
The community engagement plan would allow States to assess ways to 
improve future NEVI Formula Program projects, thus adapting and 
protecting future Federal investments.
    The proposed regulation would serve an important coordination role 
by standardizing submissions of large amounts of data from the types of 
charging stations funded by the NEVI Formula Program across the United 
States. The proposed regulation would provide the Joint Office with the 
data needed to create the public EV charging database outlined in BIL. 
If the data proposed in Sec.  680.112 were not submitted as requested, 
FHWA and States would be unable to meet intended Program implementation 
objectives outlined in BIL, such as the sharing of installation, 
maintenance, and utilization data in order to continue to inform the 
network build out of zero emission vehicle charging and refueling 
infrastructure.
    The PRIA identifies benefits and costs associated with requirements 
proposed through Sec.  680.112. While the data submittals will play a 
key role in assisting FHWA and the Joint Office in both communicating 
information to consumers and monitoring the effectiveness of the NEVI 
Formula Program, FHWA recognizes that data collection, maintenance, and 
submittal can incur large costs for States. The FHWA has included an 
estimate of burden hours for this data collection under the Paperwork 
Reduction Act of 1995 section below and is requesting comment on the 
number of burden hours associated with this collection. The FHWA 
requests comment on the frequency of data collection and whether the 
quarterly and annual timeframes are appropriate.

Section 680.114 Charging Network Connectivity of Electric Vehicle 
Charging Infrastructure

    The FHWA proposes to set minimum standards for the charging network 
connectivity of EV charging infrastructure to include charging network 
communication, charging network-to-charging network communication, and 
charging network-to-grid communication.
    Section 680.114(a) outlines several minimum standards for charger-
to-charging network communication. These proposed standards reference 
the Open Charge Point Protocol (OCPP), which is an industry standard 
that is designed to work in tandem with ISO 15118 to enable smart 
charge management and Plug and Charge communications protocols. The 
Open Charge Alliance upholds OCPP specifically to address interoperable 
communication standards between chargers charging networks. As stated 
in the discussion regarding Sec.  680.108, FHWA recognizes that smart 
charge management and Plug and Charge are newer technological 
capabilities not yet widely adopted in the industry and, as such, 
proposed regulations would require the capability to support these 
methods through compliance with OCPP, rather than requiring these 
methods outright. The FHWA recognizes that OCPP is a widely used 
industry standard for EV charger communication but solicits comments 
regarding the reference to OCPP and requests information on any 
alternative standards, including whether a performance standard would 
be more appropriate and, if so, what such a performance standard might 
look like.
    Several of these minimum standards also help address cybersecurity 
threats for assets monitored and maintained from remote locations. 
Covered in this section are requirements that chargers use a secure 
communication method; that they can receive secure remote software 
monitoring, management, and updates; and that they can conduct secure 
real-time authentication and authorization. The standardization of 
communications protocols proposed through requirements in Sec.  
680.114(a) not only facilitate ease of secure remote charger station 
monitoring and management consistent with existing market standards, 
but also help mitigate against the installation of stranded assets 
whereby a charger installed by one company can easily be operated by 
another should the first voluntarily or involuntarily abandon 
operations of those chargers at that location. The FHWA retains a keen 
interest in

[[Page 37273]]

protecting Federal investments; therefore, by helping to avoid 
stranding assets, the proposed regulation helps to ensure that EVSE is 
usable by the public throughout the timeframe of the equipment's' 
useful lives.
    Other charger-to-charging network minimum standards proposed under 
Sec.  680.114(a) concern data collection to include a proposed 
requirement that chargers and charging networks securely measure, 
communicate, store and report real-time data to support the data 
submittal requirements outlined in Sec. Sec.  680.112 and 680.116.
    The FHWA proposes to include a requirement in Sec.  680.114(b) 
that, where credential-based electric charge initiation or payment is 
implemented, charging networks be capable of communicating with other 
charging networks to enable customers to use a single credential 
regardless of the charging network responsible for a charging station.
    Finally, Sec.  680.114(c) proposes to require that charging 
networks be capable of secure communication with electric utilities, 
other energy providers, or local energy management systems. This 
proposed requirement addresses cybersecurity threats to the electric 
grid while facilitating a collaborative market environment across 
private industry and utilities to enable ease of charging. The FHWA 
requests information about highly regarded EV charging cybersecurity 
and security resources in order to identify further potential specific 
associated protocols and standards to include in the final rule.

Section 680.116 Information on Publicly Available Electric Vehicle 
Charging Infrastructure Locations, Pricing, Real-Time Availability, and 
Accessibility Through Mapping Applications

    The FHWA proposes to establish minimum standards and requirements 
for chargers to communicate their status with consumers and third-party 
mapping applications. Section 680.116(a) proposes several requirements 
regarding the communication, display, and structure of the pricing for 
electrical charging. Chargers would be required to display and base the 
price of electrical charge in $/kWh. The FHWA is aware that several 
States restrict the ability to display charge in $/kWh; therefore, FHWA 
requests comments on how to best require the display and base the price 
of electrical charge in those States, seeking specific comment on 
whether $/minute, $/mile, or some other display and base should be 
considered. Additional pricing requirements would outline how chargers 
communicate real-time pricing to include proposed requirements 
regarding the display of pricing and access to information about price 
structure, including whether providers impose dwell-time fees or 
additional fees in addition to the price for electricity. The FHWA 
specifically requests comments on whether additional fees should be 
allowed or encouraged. These proposed minimum requirements are meant to 
ensure that consumers can have standard expectations for understanding 
pricing across the entire national EV charging network. The FHWA also 
requests comments on whether there are factors that could be considered 
to avoid an instance of charging the consumer too high a price for 
electric vehicle charging, especially when demands are high and 
supplies are limited (sometimes also referred to as price gouging).
    Section 680.116(b) also proposes a minimum annual uptime 
requirement of greater than 97 percent for the charging ports. Comments 
from the RFI indicated that a minimum uptime requirement is highly 
desired both from a government and a consumer perspective. Comments 
also indicated that minimum uptime requirements currently in place for 
existing EV chargers can range from not specifying a number to 
requiring 95-99 percent uptime. The FHWA proposes an uptime requirement 
of at least 97 percent in an effort to provide a reliable national 
network for EV charging. The FHWA proposes to require that uptime be 
available as a dataset submitted quarterly (see Sec.  
680.112(b)(2)(iii)) and retained for historical review (see Sec.  
680.114(a)(4)).
    Uptime is calculated for the time when a charger's hardware and 
software are both online and available for use, or in use, and the 
charging port successfully dispenses electricity as expected. For the 
purposes of the required minimum uptime calculation, FHWA proposes that 
charging port uptime must be calculated on a quarterly basis for the 
previous 12 months. Charging port uptime percentage would be calculated 
using the equation [mu]= ((8760-(T_outage-T_excluded))/8760) x 100 
where [mu] = port uptime percentage, T_outage = total hours of outage 
in previous year, and where T_excluded = total hours of outage in 
previous year for reasons outside the charging station operator's 
control, such as electric utility service interruptions, internet or 
cellular service provider interruptions, and outages caused by the 
vehicles, provided that the Charging Station Operator can demonstrate 
that the charging port would otherwise be operational.
    Third-party mapping applications play an important role for 
consumers by communicating real-time and geolocated information. 
Recognizing this important role, FHWA proposes in Sec.  680.116(c) that 
States ensure several data are made available, free of charge, to third 
party software developers, via application programming interface.
    Many of the data proposed for collection through Sec.  680.116(c) 
are currently being coordinated through the Alternative Fuel Data 
Center (AFDC).\23\ The AFDC collects data through robust data mining 
and submission requests from a diversity of sources to include trade 
media, Clean Cities coordinators, the AFDC website, charging station 
owners, original equipment manufacturers (OEMs), and industry groups. 
By proposing to require these data, the proposed regulation would 
provide an ancillary benefit to another federally funded program by 
streamlining the data collection burden on the AFDC and thus enabling 
the AFDC services to be more immediately responsive to real-time 
updates to provide more accurate information to the public.
---------------------------------------------------------------------------

    \23\ Alternative Fuels Data Center: Alternative Fueling Station 
Locator (energy.gov).
---------------------------------------------------------------------------

    Included in this list of data are several static data entries 
(i.e., data entries that will rarely change), such as basic charger 
station descriptive information. This includes a requirement to 
identify the number of charging ports accessible to persons with 
disabilities at each charging station. The accessibility of charging 
ports is of particular interest to the FHWA in identifying compliance 
with the American Disabilities Act of 1990 (ADA) and promoting 
equitable access to EV charging. The results of this data field will 
also help communicate the availability of chargers for those with 
disabilities through real-time internet searches.
    The FHWA also proposes to require the availability to third party 
software developers of two real-time datasets updated at a frequency 
that meets reasonable expectations. The two real-time datasets proposed 
to be required by Sec.  680.116(c) include real-time status of each 
charging port and real-time price to charge. The proposed real-time 
dataset requirements reference the Open Charge Point Interface (OPCI) 
2.2, which defines the standardized content and format of data needed 
to communicate status and price. The FHWA acknowledges that there are 
other references that chargers could use to communicate status and 
price to charge,

[[Page 37274]]

but OPCI 2.2 is widely used within the EV charging industry. The FHWA 
anticipates that consumers will need these real-time data to make 
decisions as to where and when to charge along the national EV charging 
network. The FHWA solicits comments regarding the reference to OCPI and 
requests information on any alternative standards, including whether a 
performance standard would be more appropriate and, if so, what such a 
performance standard would look like.

Section 680.118 Other Federal Requirements

    This section would direct NEVI Formula Program projects and 
projects for the construction of publicly accessible EV charging 
infrastructure funded under title 23, United States Code to existing 
applicable requirements under chapter 1 of title 23, United States 
Code, 2 CFR part 200, and 23 CFR parts 35 and 36.

Section 680.120 Reference Manuals

    The FHWA recognizes the value to the EV charging community of 
several cited resources to include ISO 15118, Open Charge Point 
Protocol (OCPP), and Open Charge Point Interface 2.2. The FHWA proposes 
that Sec.  680.120 would incorporate ISO 15118, Open Charge Point 
Protocol (OCPP), and Open Charge Point Interface 2.2 by reference.

Discussion Under 1 CFR Part 51

    The documents that FHWA is proposing to incorporate by reference 
are reasonably available to interested parties, primarily State DOTs 
and local agencies carrying out Federal-aid highway projects. These 
documents represent recent refinements that professional organizations 
have formally accepted. The documents are also available for review at 
FHWA Headquarters or may be obtained online. The specific standards and 
specifications are summarized below.

Open Charge Point Interface (OCPI) 2.2.1

    This protocol defines communication between charging network 
providers, charging station operators, and other entities to improve 
the EV charging customer experience. The OCPI's primary purpose is to 
allow roaming, so EV charging customers can use a single credential at 
charging stations operated by different charging station operators and/
or charging network providers. This requires the automated exchange of 
information, such as identity authentication, charging session 
authorization, and charging session billing, between charging network 
providers and charging station operators. The OCPI also defines data 
content and format to allow these entities to share information about 
charging stations, such as price, location, and real-time status.
    The OCPI is an open protocol with no cost or licensing 
requirements. The document describing the protocol is made accessible 
to the general public through the website of its sponsoring 
organization, EVRoaming Foundation. Changes in version 2.2.1 include 
addition of data fields such as country code, efficiency improvements, 
and addition of error messages.
    The material may be obtained from the EVRoaming Foundation at 
https://www.evroaming.org.

International Organization for Standardization (ISO) 15118

    Officially titled Electric Road Vehicles: Road Vehicles--Vehicle to 
Grid Communication Interface, this standard defines the communication 
between an EV and a charger to allow EV charging through the CCS 
connector interface or other means of coupling an EV with a charger. 
The standard consists of six published and active parts, named as 
follows: ISO 15118-1: General information and use-case definition; ISO 
15118-2: Network and application protocol requirements; ISO 15118-3: 
Physical and data link layer requirements; ISO 15118-4: Network and 
application protocol conformance test; ISO 15118-5: Physical and data 
link layer conformance test; and ISO 15118-8: Physical layer and data 
link layer requirements for wireless communication. Each part is 
updated and published independently, following change management 
processes defined by ISO.
    Use cases defined in the standard include automated charging 
customer identification and authorization via Plug and Charge,\24\ 
manual charging customer identification and authorization via RFID card 
or other method, AC and DC wired charging, and smart charge management. 
The ISO 15118-1 was updated in 2019 to include use cases for wireless 
charging, bidirectional power transfer allowing the EV to provide 
energy to the grid, and electric bus charging via overhead charging 
devices called pantographs. Charger and EV manufacturers and other 
industry stakeholders collaborate on the development of the standard 
but implement the standard independently.
---------------------------------------------------------------------------

    \24\ The basics of Plug & Charge [verbar] Switch (switch-ev.com).
---------------------------------------------------------------------------

    The material may be obtained from the International Organization 
for Standardization at https://www.iso.org/contact-iso.html.

Open Charge Point Protocol (OCPP) 2.0.1

    This protocol provides a method of communication between any type 
of charger and a charging network to allow remote monitoring and 
management of one or many chargers. The OCPP is an open protocol with 
no cost or licensing requirements. Instruction documents and software 
code for implementing the protocol are made accessible to the general 
public through the website of its sponsoring organization, Open Charge 
Alliance. Chargers that conform to OCPP can communicate with any OCPP-
compliant charging network. This allows the charging station operators 
that own the chargers to choose between multiple charging network 
providers.
    The OCPP 2.0.1 was released in March 2020. It made improvements 
over version 2.0 in the areas of security, compatibility with ISO 15118 
related to Plug and Charge, smart charge management, and the 
extensibility of OCPP. Version 2.0.1 also enhanced capabilities related 
to charger monitoring, transaction handling, and display of information 
such as pricing to customers.
    The material can be obtained from Open Charge Alliance at https://www.openchargealliance.org.

Society of Automotive Engineers (SAE) J1772

    This standard, officially titled SAE Surface Vehicle Recommended 
Practice J1772, SAE Electric Vehicle and Plug in Hybrid Electric 
Vehicle Conductive Charge Coupler, defines the charging connector 
interface between an EV and a charger. It specifies the physical, 
electrical, and communication requirements of the connector and mating 
vehicle inlet for both AC Level 2 and DC fast charging. The October 
2017 version of the standard refined language, corrected errors found 
in the previous version, and updated information to reflect the 
addition of higher-power-capacity DC charging. The standard can be 
purchased from the sponsoring organization, SAE International at 
https://www.sae.org.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    The Office of Management and Budget (OMB) has determined that the 
proposed rule would be a significant

[[Page 37275]]

regulatory action within the meaning of E.O. 12866.
    The preliminary regulatory impact analysis (PRIA) supports this 
proposed regulation and estimates the costs and benefits associated 
with establishing minimum standards and requirements. All of the topics 
for the minimum standards and requirements are required by BIL. To 
estimate these costs, the PRIA compared the costs and benefits of 
proposed provisions to the costs and benefits of the options States 
would likely choose for their own EVSE programs in the absence of the 
rule. In many cases, the analysis found that States would likely choose 
the same requirements that are found in the proposed rule. While many 
of the costs and benefits in the proposed rule are difficult to 
quantify, FHWA believes that the benefits justify the costs. The full 
regulatory impact analysis is available in the docket.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), FHWA has evaluated the effects of this proposed rule 
on small entities and has determined that it is not anticipated to have 
a significant economic impact on a substantial number of small 
entities. The proposed rule would impact directly State governments, 
which are not included in the definition of small entity set forth in 5 
U.S.C. 601. Small entities that may be impacted indirectly by a 
rulemaking are not subject to analysis under the Regulatory Flexibility 
Act, see Mid-Tex Electric Cooperative, Inc. v. Federal Energy 
Regulatory Commission, 773 F.2d 327 (D.C. Cir 1985). Therefore, FHWA 
certifies that the proposed rule will not have a significant economic 
impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose unfunded mandates as defined by 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48). 
This proposed rule would not result in the expenditure by State, local, 
and Tribal governments, in the aggregate, or by the private sector, of 
$168 million or more in any one year (2 U.S.C. 1532). In addition, the 
definition of ``Federal Mandate'' in the Unfunded Mandates Reform Act 
excludes financial assistance of the type in which State, local, or 
Tribal governments have authority to adjust their participation in the 
program in accordance with changes made in the program by the Federal 
Government. The Federal-aid highway program permits this type of 
flexibility.

Executive Order 13132 (Federalism Assessment)

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in E.O. 13132, and FHWA has 
determined that this proposed rule would not have sufficient federalism 
implications to warrant the preparation of a federalism assessment. The 
FHWA also has determined that this proposed rule would not preempt any 
State law or State regulation or affect the States' ability to 
discharge traditional State governmental functions.

Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. The FHWA has 
determined that this proposal contains collection of information 
requirements for the purposes of the PRA. This proposed rule identifies 
minimum standards and requirements for the implementation of NEVI 
Formula Program projects and projects for the construction of publicly 
accessible EV chargers that are funded with funds made available under 
title 23, United States Code. The collection of quarterly, annual, and 
real-time data in support of 23 CFR 680.112(b), 23 CFR 680.112(c), 23 
CFR 680.112(d), and 23 CFR 680.116(c) is covered by OMB Control No. 
2125-XXXX.
    The FHWA has analyzed this proposed rule under the PRA and has 
determined the following:
    Respondents: 52 State DOTs.
    Frequency: Quarterly reporting (23 CFR 680.112(b)). Annual 
reporting (23 CFR 680.112(c) and 23 CFR 680.112(d)). Real-time 
reporting (23 CFR 680.116(c)).
    Estimated Average Burden per Response: Approximately 58 hours 
annually to complete, maintain, and submit requested data.
    Estimated Total Annual Burden Hours: Approximately 3,016 hours 
annually.

FHWA invites interested persons to submit comments on any aspect of the 
information collection in this NPRM.

National Environmental Policy Act

The FHWA has analyzed this proposed rule pursuant to the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and 
has determined that it is categorically excluded under 23 CFR 
771.117(c)(20), which applies to the promulgation of rules, 
regulations, and directives. Categorically excluded actions meet the 
criteria for categorical exclusions under the Council on Environmental 
Quality regulations and under 23 CFR 771.117(a) and normally do not 
require any further NEPA approvals by FHWA. This proposed rule would 
establish a regulation on minimum standards and requirements for the 
NEVI Formula Program as directed by BIL to provide funding to States to 
strategically deploy EV charging infrastructure and to establish an 
interconnected network to facilitate data collection, access, and 
reliability. The FHWA does not anticipate any adverse environmental 
impacts from this proposed rule; no unusual circumstances are present 
under 23 CFR 771.117(b).

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this proposed rule in accordance with the 
principles and criteria contained in E.O. 13175, ``Consultation and 
Coordination with Indian Tribal Governments.'' The proposed rule would 
establish a regulation on minimum standards and requirements for the 
NEVI Formula Program to provide funding to States to strategically 
deploy EV charging infrastructure and to establish an interconnected 
network to facilitate data collection, access, and reliability. This 
measure applies to States that receive title 23 Federal-aid highway 
funds, and it would not have substantial direct effects on one or more 
Indian Tribes, would not impose substantial direct compliance costs on 
Indian Tribal governments, and would not preempt Tribal laws. 
Accordingly, the funding and consultation requirements of E.O. 13175 do 
not apply and a Tribal summary impact statement is not required.

Executive Order 12898 (Environmental Justice)

    E.O. 12898 requires that each Federal agency make achieving 
environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minorities and low-income populations. The FHWA has 
determined that this proposed rule does not raise any environmental 
justice issues.

Regulation Identifier Number

    A RIN is assigned to each regulatory action listed in the Unified 
Agenda of Federal Regulations. The Regulatory Information Service 
Center publishes

[[Page 37276]]

the Unified Agenda in April and October of each year. The RIN contained 
in the heading of this document can be used to cross reference this 
action with the Unified Agenda.

List of Subjects in 23 CFR Part 680

    Grant programs--transportation, Highways and roads, Incorporation 
by reference, Reporting and recordkeeping requirements, Transportation.

    Issued under authority delegated in 49 CFR 1.81 and 1.85.
Stephanie Pollack,
Deputy Administrator, Federal Highway Administration.


0
In consideration of the foregoing, FHWA proposes to amend Title 23, 
Code of Federal Regulations by adding part 680, to read as follows:

PART 680--NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE FORMULA PROGRAM

Sec.
680.100 Purpose.
680.102 Applicability.
680.104 Definitions.
680.106 Installation, Operation, and Maintenance by Qualified 
Technicians of Electric Vehicle Charging Infrastructure.
680.108 Interoperability of Electric Vehicle Charging 
Infrastructure.
680.110 Traffic Control Devices or On-Premises Signs Acquired, 
Installed or Operated.
680.112 Data Submittal.
680.114 Charging Network Connectivity of Electric Vehicle Charging 
Infrastructure.
680.116 Information on Publicly Available Electric Vehicle Charging 
Infrastructure Locations, Pricing, Real-Time Availability, and 
Accessibility Through Mapping Applications.
680.118 Other Federal Requirements.
680.120 Reference Manuals.

    Authority: Public Law 117-58, title VIII of division J; 23 
U.S.C. 109, 23 U.S.C. 315.


Sec.  680.100   Purpose.

    The purpose of these regulations is to prescribe minimum standards 
and requirements for projects funded under the National Electric 
Vehicle Infrastructure (NEVI) Formula Program and projects for the 
construction of publicly accessible electric vehicle (EV) chargers that 
are funded with funds made available under title 23, United States 
Code.


Sec.  680.102   Applicability.

    Except where noted, these regulations apply to all NEVI Formula 
Program projects as well as projects for the construction of publicly 
accessible EV chargers that are funded with funds made available under 
title 23, United States Code.


Sec.  680.104   Definitions.

    AC Level 2 means a charger that uses a 240-volt alternating-current 
(AC) electrical circuit to deliver electricity to the EV.
    Alternative Fuel Corridor (AFC) means national EV charging and 
hydrogen, propane, and natural gas fueling corridors designated by FHWA 
pursuant to 23 U.S.C. 151.
    CHAdeMO means a type of protocol for a charging connector interface 
between an EV and a charger (see www.chademo.com). It specifies the 
physical, electrical, and communication requirements of the connector 
and mating vehicle inlet for direct-current (DC) fast charging. It is 
an abbreviation of ``charge de move'', equivalent to ``charge for 
moving.''
    Charger means a device with one or more charging ports and 
connectors for charging EVs.
    Charging network means a collection of chargers located on one or 
more property(ies) that are connected via digital communications to 
manage the facilitation of payment, the facilitation of electrical 
charging, and any related data requests.
    Charging Network Provider means the entity that operates the 
digital communication network that remotely manages the chargers. 
Charging Network Providers may also serve as Charging Station Operators 
and/or manufacture chargers.
    Charging port means the system within a charger that charges one 
(1) EV. A charging port may have multiple connectors, but it can only 
provide power to charge one EV through one connector at a time.
    Charging station means the area in the immediate vicinity of a 
group of chargers and includes the chargers, supporting equipment, 
parking areas adjacent to the chargers, and lanes for vehicle ingress 
and egress. A charging station could comprise only part of the property 
on which it is located.
    Charging Station Operator means the entity that operates and 
maintains the chargers and supporting equipment and facilities at one 
or more charging stations. This is sometimes called a Charge Point 
Operator (CPO). In some cases, the Charging Station Operator and the 
Charging Network Provider are the same entity.
    Combined Charging System (CCS) means a standard connector interface 
that allows direct current fast chargers to connect to, communicate 
with, and charge EVs.
    Community means either a group of individuals living in geographic 
proximity to one another, or a geographically dispersed set of 
individuals (such as individuals with disabilities, migrant workers or 
Native Americans), where either type of group experiences common 
conditions.
    Connector means the device that attaches EVs to charging ports in 
order to transfer electricity.
    Contactless payment methods means a secure method for consumers to 
purchase services using a debit, credit, smartcard, or another payment 
device by using radio frequency identification (RFID) technology and 
near-field communication (NFC).
    Direct Current Fast Charger (DCFC) means a charger that uses a 3-
phase, 480-volt alternating-current (AC) electrical circuit to enable 
rapid charging through delivering a direct-current (DC) electricity to 
the EV.
    Disadvantaged communities (DACs) mean census tracts or communities 
with common conditions identified by the U.S. Department of 
Transportation and the U.S. Department of Energy that consider 
appropriate data, indices, and screening tools to determine whether a 
specific community is disadvantaged based on a combination of variables 
that may include, but are not limited to, the following: low income, 
high and/or persistent poverty; high unemployment and underemployment; 
racial and ethnic residential segregation, particularly where the 
segregation stems from discrimination by government entities; 
linguistic isolation; high housing cost burden and substandard housing; 
distressed neighborhoods; high transportation cost burden and/or low 
transportation access; disproportionate environmental stressor burden 
and high cumulative impacts; limited water and sanitation access and 
affordability; disproportionate impacts from climate change; high 
energy cost burden and low energy access; jobs lost through the energy 
transition; and limited access to healthcare.
    Distributed energy resource means small, modular, energy generation 
and storage technologies that provide electric capacity or energy where 
it is needed.
    Electric vehicle (EV) means an automotive vehicle that is either 
partially or fully powered on electric power.
    Electric Vehicle Infrastructure Training Program (EVITP) refers to 
a comprehensive training program for the installation of electric 
vehicle supply equipment. For more information, refer to https://evitp.org/.
    Electric vehicle supply equipment (EVSE) See definition of a 
charger.
    Open charge point protocol means an open-source communication 
protocol that governs the communication

[[Page 37277]]

between chargers and the charging networks that remotely manage the 
chargers.
    Open charge point interface means an open-source communication 
protocol that governs the communication between multiple charging 
networks, other communication networks, and software applications to 
provide information and services for EV drivers.
    Plug and charge means a method of initiating charging, whereby an 
EV charging customer plugs a connector into their vehicle and their 
identity is authenticated, a charging session initiates, and a payment 
is transacted automatically, without any other customer actions 
required at the point of use.
    Private entity means a corporation, partnership, company, other 
nongovernmental entity, or nonprofit organization.
    Secure payment method means a type of payment processing that 
ensures a user's financial and personal information is protected from 
fraud and unauthorized access.
    Smart charge management means controlling the amount of power 
dispensed by chargers to EVs to meet customers' charging needs while 
also responding to external power demand signals to provide load 
management or resilience benefits to the electric grid.
    State EV Infrastructure Deployment Plan means the plan submitted to 
the FHWA by the State describing how it intends to use its apportioned 
NEVI Formula Program funds.


Sec.  680.106   Installation, operation, and maintenance by qualified 
technicians of electric vehicle charging infrastructure.

    (a) Procurement Process Transparency for the Operation of EV 
Charging Stations.
    (1) Applicability. This section applies only to NEVI Formula 
Program projects for the operation of EV charging stations where price 
setting involves a third party.
    (2) Transparency. Agencies shall ensure public transparency for how 
the price will be determined and set for EV charging and make available 
for public review the following:
    (i) Summary of the procurement process used;
    (ii) Number of bids received;
    (iii) Identification of the awardee;
    (iv) Proposed contract to be executed with the awardee;
    (v) Financial summary of contract payments suitable for public 
disclosure including price and cost data, in accordance with State law; 
and
    (vi) Any information describing how prices for EV charging are to 
be set under the proposed contract, in accordance with State law.
    (b) Number of chargers.--(1) Applicability. This section applies 
only to NEVI Formula Program projects.
    (2) Number. Charging stations must have at least four charging 
network-connected Direct Current Fast Charger (DCFC) ports and be 
capable of simultaneously charging at least four EVs.
    (c) Connector type. All non-proprietary charging connectors must 
meet applicable industry standards. Each DCFC charging port must have a 
permanently attached Combined Charging System (CCS) Type 1 connector 
and must charge any CCS-compliant vehicle. For NEVI projects using FY22 
funds, one or more DCFC charging port(s) may also have a permanently 
attached CHAdeMO connector (see www.chademo.com). Each AC Level 2 
charging port must have a permanently attached J1772 (incorporated by 
reference, see Sec.  680.120) connector and must charge any J1772-
compliant vehicle. One or more DCFC charging port(s) may also have a 
permanently attached proprietary connector.
    (d) Power level. (1) Maximum power per DCFC charging port must be 
at or above 150 kilowatt (kW). Each charging station must be capable of 
providing at least 150 kW per charging port simultaneously across all 
charging ports. DCFC must supply power according to an EV's power 
delivery request up to 150 kW. DCFC may participate in smart charge 
management programs so long as each charging port continues to meet an 
Electric Vehicle's request for power up to 150 kW.
    (2) Maximum power per AC Level 2 charging port must be at or above 
6 kW and the charging station must be capable of providing at least 6 
kW per port simultaneously across all AC ports. AC Level 2 chargers may 
participate in smart charge management programs so long as each 
charging port continues to meet an Electric Vehicle's demand for power 
up to 6 kW.
    (e) Availability. Charging stations must be available for use and 
sited at locations physically accessible to the public 24 hours per 
day, seven days per week, year-round. This section does not prohibit 
isolated or temporary interruptions in service or access due to 
maintenance or repairs.
    (f) Payment methods. (1) Charging stations must provide for secure 
payment methods, accessible to persons with disabilities, which at a 
minimum shall include a contactless payment method that accepts major 
debit and credit cards, and Plug and Charge payment capabilities using 
the ISO 15118 standard (incorporated by reference, see Sec.  680.120);
    (2) Charging station operators must not require a membership for 
use;
    (3) Charging stations must not delay, limit, or curtail power flow 
to vehicles on the basis of payment method or membership; and
    (4) Charging station payment instructions must provide multilingual 
access and accessibility for people with disabilities.
    (g) Equipment certification. States must ensure that all EVSE are 
certified by an Occupational Safety and Health Administration 
Nationally Recognized Testing Laboratory and that all AC Level 2 EVSE 
are ENERGY STAR certified.
    (h) Security. States must implement physical and cybersecurity 
strategies consistent with their respective State EV Infrastructure 
Deployment Plans to mitigate charging infrastructure, grid, and 
consumer vulnerability associated with the operation of charging 
stations.
    (1) Physical security strategies may address lighting, siting, 
driver and vehicle safety, fire prevention, tampering, charger locks, 
and illegal surveillance of payment devices.
    (2) Cybersecurity strategies may address user identity and access 
management, selection of appropriate encryption systems, intrusion and 
malware detection, event logging and reporting, management of software 
updates, and secure operation during communication outages.
    (i) Long-term stewardship. States must ensure that EVSE is 
maintained in compliance with NEVI standards for a period of not less 
than 5 years from the date of installation.
    (j) Qualified technician. States shall ensure that the workforce 
installing, maintaining, and operating EVSE has appropriate licenses, 
certifications and training to ensure that the installation and 
maintenance of EVSE is performed safely by a qualified and increasingly 
diverse workforce of licensed technicians and other laborers. Further:
    (1) Except as provided in paragraph (j)(2) of this section, all 
electricians installing, operating, or maintaining ESVE must meet one 
of the following requirements:
    (2) Certification from the Electric Vehicle Infrastructure Training 
Program (EVITP).
    (3) Graduation from a Registered Apprenticeship Program for 
electricians that includes EVSE-specific training and is developed as a 
part of a national guideline standard approved by the Department of 
Labor in consultation with the Department of Transportation.

[[Page 37278]]

    (4) For projects requiring more than one electrician, at least one 
electrician must meet the requirements above, and at least one 
electrician must be enrolled in an electrical registered apprenticeship 
program.
    (5) All other onsite, non-electrical workers directly involved in 
the installation, operation, and maintenance of EVSE must have 
graduated from a registered apprenticeship program or have appropriate 
licenses, certifications, and training as required by the State.
    (k) Customer service. States must ensure that EV charging customers 
have mechanisms to report outages, malfunctions, and other issues with 
charging infrastructure. States must comply with the American with 
Disabilities Act of 1990 requirements and multilingual access when 
creating reporting mechanisms.
    (l) Customer data privacy. Charging Station Operators must collect, 
process, and retain only that personal information strictly necessary 
to provide the charging service to a consumer, including information to 
complete the charging transaction and to provide the location of 
charging stations to the consumer. Charging Stations Operators must 
also take reasonable measures to safeguard consumer data.
    (m) Use of program income. (1) Any net income from revenue from the 
sale, use, lease, or lease renewal of real property acquired with NEVI 
Formula Program funds shall be used for title 23, United States Code, 
eligible projects.
    (2) For purposes of program income or revenue earned from the 
operation of an EV charging station, the State DOT should ensure that 
all revenues received from operation of the EV charging facility are 
used only for:
    (i) Debt service with respect to the EV charging station project, 
including funding of reasonable reserves and debt service on 
refinancing;
    (ii) A reasonable return on investment of any private person 
financing the EV charging station project, as determined by the State 
DOT;
    (iii) Any costs necessary for the improvement and proper operation 
and maintenance of the EV charging station, including reconstruction, 
resurfacing, restoration, and rehabilitation;
    (iv) If the EV charging station is subject to a public-private 
partnership agreement, payments that the party holding the right to the 
revenues owes to the other party under the public-private partnership 
agreement; and
    (v) Any other purpose for which Federal funds may be obligated 
under this title 23, United States Code.


Sec.  680.108   Interoperability of electric vehicle charging 
infrastructure.

    Charger-to-EV communication. Chargers must conform to ISO 15118 
(incorporated by reference, see Sec.  680.120) to communicate with CCS-
compliant vehicles that have implemented ISO 15118.


Sec.  680.110  Traffic control devices or on-premises signs acquired, 
installed or operated.

    (a) (a) Manual on Uniform Traffic Control Devices for Streets and 
Highways. All traffic control devices must comply with 23 CFR part 655.
    (b) On-premises signs. On-property or on-premise advertising signs 
must comply with 23 CFR part 750.


Sec.  680.112  Data submittal.

    (a) Applicability. This section applies only to NEVI Formula 
Program projects.
    (b) Quarterly data submittal. States must ensure the following 
charging station use, cost, reliability, and maintenance data are 
collected, maintained, and submitted on a quarterly basis in a manner 
prescribed by the FHWA:
    (1) Charging station location identifier that the following data 
can be associated with;
    (2) Charging session start time, end time, and successful session 
completion (yes/no) by port;
    (3) Energy (kWh) dispensed to EVs per session by port;
    (4) Peak session power (kW) by port;
    (5) Charging station uptime calculated in accordance with the 
equation in Sec.  680.116(b) for each of the previous 3 months;
    (6) Cost of electricity to operate per charging station in each of 
the previous 3 months;
    (7) Maintenance and repair cost per charging station for each of 
the previous 3 months;
    (8) Charging station real property acquisition cost, charging 
equipment acquisition and installation cost, distributed energy 
resource acquisition and installation cost, and grid connection and 
upgrade cost on the utility side of the electric meter; and
    (9) Distributed energy resource installed capacity, in kW or kWh as 
appropriate, of asset by type (e.g., stationary battery, solar, etc.) 
per charging station.
    (c) Annual data submittal. States must ensure the following data 
are collected, maintained, and submitted on an annual basis in a manner 
prescribed by the FHWA for each charging station:
    (1) The name, address and type of private entity involved in the 
operation, maintenance, and installation of EVSE.
    (2) For private entities identified in paragraph (c)(1) of this 
section, identification of and participation in any state or local 
business opportunity certification programs including but not limited 
to minority-owned businesses, Veteran-owned businesses, woman-owned 
businesses, and businesses owned by economically disadvantaged 
individuals.
    (d) Community engagement outcomes report. States must make publicly 
available in a manner prescribed by the FHWA an annual report 
describing the community engagement activities conducted as part of the 
development and approval of their most recently-submitted State EV 
Infrastructure Deployment Plan, including engagement with DACs. This 
report should include community engagement type, date, number of 
attendees, communities represented by attendees, and how information on 
that engagement was reflected in the State's EV Infrastructure 
Deployment Plan.


Sec.  680.114   Charging network connectivity of electric vehicle 
charging infrastructure.

    (a) Charger-to-Charger-Network communication. (1) Chargers must 
communicate with a charging network via a secure communication method.
    (2) Chargers must have the ability to receive and implement secure, 
remote software updates and conduct real-time protocol translation, 
encryption and decryption, authentication, and authorization in their 
communication with charging networks.
    (3) Charging networks must perform and chargers must support remote 
charger monitoring, diagnostics, control, and smart charge management.
    (4) Chargers and charging networks must securely measure, 
communicate, store, and report energy and power dispensed, real-time 
charging-port status, real-time price to the customer, and historical 
charging-port uptime.
    (5) Chargers must be capable of using Open Charge Point Protocol 
(OCPP) (incorporated by reference, see Sec.  680.120) to communicate 
with any Charging Network Provider.
    (6) Chargers must be designed to securely switch Charging Network 
Providers without any changes to hardware.
    (b) Charging-Network-to-Charging-Network communication. A Charging 
Network must be capable of communicating with other Charging Networks 
to enable an EV driver to use a single credential to charge at Charging 
Stations that are a part of multiple Charging Networks.
    (c) Charging-Network-to-grid communication. Charging Networks

[[Page 37279]]

must be capable of secure communication with electric utilities, other 
energy providers, or local energy management systems.


Sec.  680.116   Information on publicly available electric vehicle 
charging infrastructure locations, pricing, real-time availability, and 
accessibility through mapping applications.

    (a) Communication of price. (1) Chargers must display and base the 
price for electricity to charge in $/kWh.
    (2) Price of charging displayed on the chargers and communicated 
via the charging network must be the real-time price (i.e., price at 
that moment in time). The price at the start of the session cannot 
change during the session.
    (3) Price structure including any other fees in addition to the 
price for electricity to charge must be clearly explained via an 
application or a website, with instructions for finding the information 
posted in an accessible manner at the charging station.
    (b) Minimum uptime. States must ensure that charging ports have an 
average annual uptime of greater than 97%.
    (1) A charging port is considered ``up'' when its hardware and 
software are both online and available for use, or in use, and the 
charging port successfully dispenses electricity as expected.
    (2) Charging port uptime must be calculated on a quarterly basis 
for the previous twelve months.
    (3) Charging port uptime percentage must be calculated using the 
following equation:

[mu] = ((8760-(T_outage-T_excluded))/8760) x 100

Where:

[mu] = port uptime percentage,
T_outage = total hours of outage in previous year, and
T_excluded = total hours of outage in previous year for reasons 
outside the charging station operator's control, such as electric 
utility service interruptions, internet or cellular service provider 
interruptions and outages caused by the vehicles, provided that the 
Charging Station Operator can demonstrate that the charging port 
would otherwise be operational.

    (c) Third-party data sharing. States must ensure that the following 
data fields are made available, free of charge, to 3rd-party software 
developers, via application programming interface:
    (1) Charging station name or identifier;
    (2) Address (city, state, and zip code) of the property where the 
charging station is located;
    (3) Global positioning system (GPS) coordinates in decimal degrees 
of exact charging station location;
    (4) Charging station operator name;
    (5) Charging station phone number;
    (6) Charging network provider name;
    (7) Number of charging ports;
    (8) Connector types available at each charging port;
    (9) Maximum power level of each charging port;
    (10) Power sharing by port (i.e., whether power sharing between 
EVSEs is enabled);
    (11) Date when charging station first became available for use;
    (12) Pricing structure;
    (13) Physical dimensions of the largest vehicle that can access a 
charging port at the charging station;
    (14) Payment methods accepted;
    (15) Number of charging ports accessible to persons with 
disabilities;
    (16) Real-time status of each charging port, including 
identification of whether a port is accessible to persons with 
disabilities, in terms defined by Open Charge Point Interface 2.2 
(incorporated by reference, see Sec.  680.120), updated at a frequency 
that meets reasonable customer expectations;
    (17) Real-time price to charge at each charging port, in terms 
defined by Open Charge Point Interface 2.2 (incorporated by reference, 
see Sec.  680.120), updated at a frequency that meets reasonable 
customer expectations; and
    (18) Station Status (Available or Planned).


Sec.  680.118   Other Federal requirements.

    All applicable Federal statutory and regulatory requirements apply 
to the EV charger projects. These requirements include, but are not 
limited to:
    (a) All statutory and regulatory requirements that are applicable 
to funds apportioned under chapter 1 of title 23, United States Code, 
and the requirement of 2 CFR part 200 apply. This includes the 
applicable requirements of title 23, United States Code, and title 23, 
Code of Federal Regulations, such as the applicable Buy America 
requirements at section 313, of title 23 United States Code, and Build 
America, Buy America Act (Pub. L. 117-58, div. G sections 70901-70927).
    (b) As provided at 23 U.S.C. 109(s)(2), projects to install EV 
chargers are treated as if the project is located on a Federal-aid 
highway. As a project located on a Federal-aid highway, Section 113 of 
title 23, United States Code, applies and Davis Bacon Federal wage rate 
requirements included at subchapter IV of chapter 31 of title 40, 
U.S.C., must be paid for any project funded with NEVI Formula Program 
funds.
    (c) The American with Disabilities Act of 1990 (ADA), and 
implementing regulations, apply to EV charging stations by prohibiting 
discrimination on the basis of disability by public and private 
entities. EV charging stations must comply with applicable 
accessibility standards adopted by the Department of Transportation 
into its ADA regulations (49 CFR part 37) in 2006, and adopted by the 
Department of Justice into its ADA regulations (28CFR parts 35 and 36) 
in 2010.
    (d) Title VI of the Civil Rights Act of 1964, and implementing 
regulations, apply to this program to ensure that no person shall, on 
the grounds of race, color, or national origin, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any program or activity receiving Federal 
financial assistance.
    (e) All applicable requirements of Title VIII of the Civil Rights 
Act of 1968 (Fair Housing Act), and implementing regulations, apply to 
this program.
    (f) The Uniform Relocation Assistance and Real Property Acquisition 
Act, and implementing regulations, apply to this program by 
establishing minimum standards for federally funded programs and 
projects that involve the acquisition of real property (real estate) or 
the displacement or relocation of persons from their homes, businesses, 
or farms.
    (g) The National Environmental Policy Act of 1969 (NEPA), the 
Council on Environmental Quality's NEPA implementing regulations, and 
applicable agency NEPA procedures apply to this program by establishing 
procedural requirements to ensure that federal agencies consider the 
consequences of their proposed actions on the human environment and 
inform the public about their decision making for major Federal actions 
significantly affecting the quality of the human environment.


Sec.  680.120   Reference manuals.

    Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the U.S. 
Department of Transportation (DOT) and at the National Archives and 
Records Administration (NARA). Contact DOT: DOT Library, 1200 New 
Jersey Avenue SE, Washington, DC 20590 in Room W12-300. For information 
on the availability of these documents at NARA, email 
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the 
following sources:

[[Page 37280]]

    (a) EVRoaming Foundation, Vondellaan 162, 3521 GH, Utrect--The 
Netherlands, https://www.evroaming.org.
    (1) Open Charge Point Interface (OCPI) 2.2.1, October 6, 2021, IBR 
approved for Sec.  680.116(c)(16)-(17).
    (2) [Reserved]
    (b) International Organization for Standardization, Chemin de 
Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland, +41 22 749 01 
11, https://www.iso.org/contact-iso.html.
    (1) International Classification for Standards Catalogue: 
``Electric Road Vehicles: Road vehicles--Vehicle to grid communication 
interface,'' 43.120.15118, Sections 1 (published 2019), 2 (published 
2014), 3 (published 2015), 4 (published 2018), 5 (published 2018), and 
8 (published 2020), IBR approved for Sec.  680.106(f)(1) and 680.108.
    (2) [Reserved]
    (c) Open Charge Alliance, Businesspark Arnhems Buiten, Utrechtseweg 
310, Office Building B42, 6812 AR Arnhem--The Netherlands, tel: +31 26 
312 0223, https://www.openchargealliance.org.
    (1) Open Charge Point Protocol (OCPP) 2.0.1, March 31, 2020, IBR 
approved for Sec.  680.114(a)(5).
    (2) [Reserved]
    (d) SAE International, 400 Commonwealth Drive, Warrendale, PA 
15096, tel: (724) 776-4841; https://www.sae.org.
    (1) SAE Electric Vehicle and Plug in Hybrid Electric Vehicle 
Conductive Charge Coupler, J1772_201710, October 13, 2017, IBR approved 
for Sec.  680.106(c).
    (2) [Reserved]

[FR Doc. 2022-12704 Filed 6-21-22; 8:45 am]
BILLING CODE 4910-RY-P