Atch_7_Federal_HWY_Reg_0002.pdf

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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, available at https://www.fhwa.dot.gov/environment/alternative_ fuel_corridors/nominations/90d_nevi_formula_ program_guidance.pdf.

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 680

[FHWA Docket No. FHWA–2022–0008]

RIN 2125–AG10

National Electric Vehicle Infrastructure Standards and Requirements

AGENCY: Federal Highway Administration (FHWA), U.S.

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule establishes 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, including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway. The standards and requirements 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: This final rule is effective March 30, 2023.

FOR FURTHER INFORMATION CONTACT: Mr.

Gary Jensen, Office of Natural Environment, (202) 366–2048, or via email at Gary.Jensen@dot.gov, or Ms.

Dawn Horan, Office of the Chief Counsel (HCC–30), (202) 366–9615, or via email at 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, the notice of proposed rulemaking (NPRM), all comments received, and all background material may be viewed online at www.regulations.gov using the docket number listed above. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. 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.

Executive Summary This final rule establishes regulations that set minimum standards and requirements for projects funded under the NEVI Formula Program, projects for the construction of publicly accessible EV chargers funded under Title 23, United States Code (U.S.C.).1 This also includes any publicly accessible EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway.

The FHWA is directed by paragraph

(2) under the Highway Infrastructure Program heading in title VIII of division J of the Bipartisan 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. 135 Stat. 429, 1424.

Congress specified that ‘‘funds made available under’’ the NEVI Formula Program are ‘‘subject to the minimum standards and requirements.’’ 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 is satisfied by creating a convenient, affordable, reliable, and equitable network of chargers throughout the country. Prior to the establishment of this rule, there were no national standards for the installation, operation, or maintenance of EV charging stations, and wide disparities exist among EV charging stations in key components, such as operational practices, payment methods, 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 also directed by Section 11129 of BIL, which amends 23 U.S.C. 109, to ensure that certain EV charging station standards apply to all projects that install EV charging infrastructure using funds provided under Title 23, U.S.C. This final rule does not conflict with or supersede the implementing regulations for other Title 23, U.S.C. statutory requirements. This final rule enables States or other designated recipients to implement federally funded charging station projects in a standardized fashion in order to build a convenient, accessible, reliable, and equitable charging network across the country that can be utilized by all EVs regardless of vehicle brand.

Such standards provide reliable expectations for travel in an EV across and throughout the United States, regardless of which State you charge in, and support a national workforce skilled and trained in charging station installation and maintenance.

The BIL specifically requires minimum standards and requirements be developed related to at least six areas:

(1) Installation, operation, and maintenance by qualified technicians of EV infrastructure. The FHWA requires 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, U.S.C., including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway. In terms of standards for installation, operation, and maintenance, charging stations are required to contain a minimum number of ports, types of connectors, payment methods, and requirements for customer support services. In terms of technician qualifications, there are minimum requirements for training, and certification standards for technicians installing, operating, and maintaining chargers to ensure consistency around quality installation and safety across the network. This final rule provides the traveling public with reliable expectations for their EV charging experience anywhere that NEVI Formula funds or Title 23, U.S.C. funds, including Federal funds for projects that are treated as a project on a Federal-aid highway, are used to construct EV charging infrastructure. In addition to requirements that are customer-facing, a series of additional requirements provide less visible, yet critical, standardization and uniformity for how charging stations would be installed, maintained, and operated. These types of requirements 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.

This final rule also explains what the program income can be used for when there is net income from the sale, use, lease, or lease renewal of real property

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2 https://www.driveelectric.gov.

3 Federal Funding is Available for Electric Vehicle Charging Infrastructure on the National Highway System, available at https:// www.fhwa.dot.gov/environment/alternative_fuel_ corridors/resources/ev_funding_report_2022.pdf.

acquired, or when there is income or revenue earned from the operation of the EV charging station.

(2) Interoperability of EV charging infrastructure. The requirements relating to interoperability similarly address less visible standardization along the national EV charging network.

The FHWA is working to establish 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 establishes interoperability requirements through this final rule for charger-to-EV communication, charger-to-charger network communication, and charging network-to-charging network 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 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 address requirements about traffic control devices and on-premise signs.

(4) Data requested related to EV charging projects subject to this rule, including the content and frequency of submission of such data. The FHWA outlines data submittal requirements that are applicable under specified circumstances. States and other designated recipients are required to submit data to identify charging station use, reliability, and cost information.

This final rule serves an important coordination role by standardizing submissions of large amounts of data from charging stations across the United State while providing the Joint Office of Energy and Transportation (Joint Office) 2 with the data needed to create the public EV charging database outlined in BIL.

(5) Network connectivity of EV charging infrastructure. This final rule outlines network connectivity requirements for charger-to-charger network communication, charging network-to-charging network communication, and charging network-to-grid communication. These requirements address standards meant to allow for secure remote monitoring, diagnostics, control, and updates. These requirements will help address cybersecurity concerns while mitigating against stranded assets (whereby any provider abandons operations at any particular charging station).

(6) Information on publicly available EV charging infrastructure locations, pricing, real-time availability, and accessibility though mapping applications. This final rule establishes requirements to standardize the communication to consumers of price and availability of each charging station.

Specifically outlined in the final regulation, States and other designated recipients are 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. These requirements 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. This final rule also establishes requirements for public transparency when EV charging prices are to be set by a third party. This will protect the public from price gouging.

This final rule applies 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). This final rule also applies to other designated recipients of Title 23 funds and recipients of other Federal funds for projects treated as a project on a Federal-aid highway.

The FHWA completed an analysis of this final rule, as described in detail in the ‘‘Regulatory Impact Analysis (RIA)’’ available in the docket. The RIA supports this final rule and estimates the costs and benefits associated with establishing minimum standards and requirements, derived from the costs of implementing the 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 RIA compares the costs and benefits of proposed provisions to the costs and benefits of the options States and other designated recipients would likely choose for their own charger programs in the absence of the rule. In many cases, the analysis found that States and other designated recipients would likely choose the same requirements that are found in this final 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. 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 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%20), 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.

EV Funding Options In addition to NEVI, there are other

Title 23 programs that can be used 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, 2022.3 There also may be other sources of Federal funds that are available for EV charging infrastructure projects.

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 final rule directly addresses the requirements in BIL. This final rule 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, U.S.C. funds for EV charging infrastructure. Through the provision of minimum standards and requirements, this final regulation helps set reliable expectations for the experience of EV charging across the nation.

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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.

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/.

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. Pe´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. Yelekçi, 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.

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/.

Notwithstanding any other provisions of law, nothing in this final rule is intended to be construed to prevent States and other designated recipients 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 in the Department of Transportation and the Department of Energy (DOE) 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 final rule.

Need for This Final Rule There are no other existing national standards for EV charging stations, although there may be some State standards that exist. Prior to the establishment of this final rule, 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 have been 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 multinational 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, unreliability of the charging station function, and issues from the historical lack of standardized technician qualifications each exacerbate existing 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 other minimum standards for chargers reduced 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, this final rule outlines minimum standards and requirements to ensure the appropriate use of Federal funds on a new technology and market, and greatly enhances consumer confidence and public safety.

Benefits of This Final Rule The FHWA believes that the establishment of this final rule provides a powerful antidote to these issues, helps create energy independence, and encourages more widespread adoption of EVs because EV consumers will 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 vehicle future is cleaner, more equitable, and more affordable. It provides 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 circumstances. 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 because of 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. By encouraging widespread adoption of a zero-emissions transportation mode, this final rule will supercharge America’s efforts to lead the electric future and align with recent Executive Orders (E.O.) 13990, ‘‘Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,’’ 86 FR 7037 (Jan. 25, 2021), E.O.

14008, ‘‘Tackling the Climate Crisis at Home and Abroad,’’ 86 FR 7619 (Feb. 1, 2021), and a U.S. target of achieving a 50 to 52 percent reduction from 2005 levels of economy-wide net greenhouse gas (GHG) pollution in 2030, on a course toward reaching net-zero emissions economywide by no later than 2050.9 Section 1 of E.O. 13990 articulates

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10 The Long-Term Strategy of the United States, Pathways to Net-Zero Greenhouse Gas Emissions by 2050, available at https://www.whitehouse.gov/wp-content/uploads/2021/10/US-Long-Term- Strategy.pdf.

11 U.S. Department of Transportation Strategic Plan FY 2022–2026.

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.

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 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. 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. This final rule 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 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

Another benefit of this final rule is the opportunity to advance both equity and environmental justice for communities that have been underserved by transportation infrastructure and overburdened by costs and environmental harms by supporting widescale national EV adoption and the deployment of EV charging infrastructure. See Public Law 117–58, 135 Stat. 429, 1423 (in developing guidance concerning the NEVI Formula Program, the Secretary of Transportation and the Secretary of Energy shall consider ‘‘the need for publicly available electric vehicle charging infrastructure in rural corridors and underserved or disadvantaged communities.’’); see also E.O. 13985, ‘‘Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,’’ 86 FR 7009 (Jan. 20, 2021); E.O. 12898, ‘‘Federal Actions to Address Environmental

Justice in Minority Populations and Low-Income Populations’’ 59 FR 7629 (Feb. 16, 1994). When determining where EV charging stations should be located, there should be engagement with rural, underserved, and disadvantaged communities, as appropriate, to ensure that the deployment, installation, operation, and use of EV charging infrastructure can achieve 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 the USDOT’s long-term goals requires the equitable deployment of EV infrastructure. The NEVI Formula Program funding, along with funding for EV charging infrastructure provided through applicable Title 23 programs, provides an opportunity to ensure these investments remove barriers for disadvantaged communities and create safeguards to prevent or mitigate potential harms. Consideration of the benefits and harms is in accordance with E.O. 13985, ‘‘Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,’’ 86 FR 7009 (Jan. 20, 2021), which requires the Federal Government to pursue a comprehensive approach to advance racial equity and support for underserved communities, 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. In the absence of the NEVI Formula Program and other federally funded EV charging infrastructure investments, the market will not prioritize the installation of EV chargers in low or medium income 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 an outcome would not support widescale national EV adoption and the deployment of EV charging infrastructure. It would also be at odds with E.O. 13985.

This final rule complements 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 to achieve fully built out status.

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. Thus, increased adoption in 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 support energy independence and create domestic jobs.

The NEVI Formula Program and other federally funded EV charging infrastructure investments also address 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 final rule outlines minimum qualifications for technicians working on-site at charging stations.

Minimum skill, training, and certification standards for technicians ensure 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

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12728 Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Rules and Regulations performed by a well-qualified, highly-skilled, and certified, licensed, and trained workforce, this final rule also increases the safety and reliability of charging station function and use, and mitigates project delivery issues such as cost overruns and delays.

This final rule establishes minimum standards and requirements specific to the use of NEVI Formula Program funds, funds made available under Title 23, U.S.C. for projects for the construction of publicly accessible EV chargers, and any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway. Consistent with E.O. 14036, ‘‘Promoting Competition in the American Economy,’’ 86 FR 36987 (July 14, 2021), 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. E.O. 14036 also calls for a Government-wide approach to ensuring improved access for entrepreneurs and better service for consumers by reducing the ability for companies to make products difficult to replace or service.

This final rule aligns closely with E.O.

14036 by promoting competition and opening the EV charging market to new entrants. It does so both generally, by establishing transparent standards, and specifically, by including interoperability standards which require standard protocols for communication between EVs, chargers, and charging networks. The interoperability requirements include network switching requirements which ensure that it is not prohibitively difficult to switch network providers after charging infrastructure is installed.

Summary of This Final Rule

Applicability

This final rule establishes applicability of these regulations to projects funded under the NEVI Formula Program and projects for the construction of publicly accessible EV chargers under certain statutory authorities, including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway, except where explicit limited applicability is noted in the regulatory text.

Procurement Process

This final rule establishes a requirement for there to be public transparency regarding the process of how the price will be determined and set for EV charging.

Number of Charging Ports

This final rule establishes a requirement for the number of ports at a charging station. Any time charging stations are installed there is a required minimum of 4 ports, notwithstanding the type of port (Direct Current Fast Charger (DCFC) or alternating current (AC) Level 2 or a combination of DCFC and AC Level 2). Additionally, in all instances when a DCFC charging station is installed along and designed to serve users of designated AFCs, there must be at least four network-connected DCFC charging ports.

Connector Types

This final rule establishes a requirement that each DCFC port must have a Combined Charging System (CCS) Type 1 connectors. This final rule also allows DCFC charging ports to have other non-proprietary connectors so long as each DCFC charging port is capable of charging a CCS-compliant vehicle.

Power Level

This final rule establishes a requirement that each DCFC located along and designed to serve users of designated AFCs must simultaneously deliver up to 150kW, as requested by the EV, and that each AC Level 2 port be capable of providing at least 6 kW per port simultaneously across all AC ports with an option to allow the customer to consent to accept a lower power level to allow power sharing or to participate in smart charge management programs. This final rule also clarifies that power sharing is permissible above the minimum 150-kW per-port requirement for DCFCs.

Availability

This final rule establishes a requirement that each charging station along designated AFCs and intended to serve the users of designated AFCs must be available 24 hours per day, 7 days per week and charging stations not along AFCs and not intended to serve the users of designated AFCs must be available for use and accessible to the public at least as frequently as the business operating hours of the site host.

Payment Methods

This final rule establishes a requirement that charging stations must provide a contactless payment method that accepts major credit and debit cards and accept payment through either an automated toll-free phone number or a short message/messaging system (commonly abbreviated as SMS).

Payment methods must be accessible to persons with disabilities, not require a membership, not affect the power flow to vehicles, and provide access for those that are limited English proficient.

Equipment Certification

This final rule establishes a requirement that all equipment is appropriately certified and that all AC Level 2 chargers are ENERGY STAR certified.

Security

This final rule establishes a requirement that States are required to implement appropriate physical strategies for the location of the charging station and cybersecurity strategies that protect consumer data and protect against the risk of harm to, or disruption of, charging infrastructure and the grid.

Long-Term Stewardship

This final rule establishes a requirement that chargers are maintained in compliance with this regulation for a minimum of 5 years.

Qualified Technician

This final rule establishes a requirement that the workforce installing, maintaining, and operating the chargers has appropriate licenses, certifications, and training. This final rule also requires that all electricians installing, operating, or maintaining EV supply equipment have a certification from the Electric Vehicle Infrastructure Training Program (EVITP) or graduation or a continuing education certificate from a registered apprenticeship program. Additionally, for projects that require more than one electrician, at least one electrician must be an enrolled in an electrical registered apprenticeship program. This final rule also clarifies that non-electrical work must be performed in accordance with State requirements.

Customer Service

This final rule establishes a requirement that EV charging customers must have a mechanism to report issues with charging infrastructure. These reporting mechanisms must provide multilingual services and be compliant with the American with Disabilities Act of 1990.

Customer Data Privacy

This final rule establishes a requirement that charging station operators only collect, process, and retain personal information strictly necessary to provide the charging

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Use of Program Income

This final rule establishes a requirement that the use of income derived from the real property shall be used for Title 23, U.S.C., eligible projects and that the use of income derived from the operation of the EV charging facility shall be used for debt services, return on investment for private financing, improvement or maintenance of the EV charging station, payments under public-private partnerships, or other Title 23 purposes.

Interoperability of EV Charging Infrastructure

This final rule establishes certain interoperability requirements for charger-to-EV communication, charger-to-charger-network communication, and charging-network-to-charging network communication, as well as a requirement for chargers to be designed to securely switch charging network providers without any changes to hardware.

Traffic Control Devices or On-Premise Signs Acquired, Installed, or Operated

This final rule establishes compliance with the MUTCD and 23 CFR part 750 for on-premise signs.

Data Submittal

This final rule establishes quarterly and annual data submittal for all projects funded under the NEVI Formula Program and projects for the construction of publicly accessible EV chargers under certain statutory authorities, including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway. This final rule also establishes one-time data submittal requirements for both the NEVI Formula Program projects and grants awarded under 23 U.S.C. 151(f) for projects that are for EV charging stations located along and designed to serve the users of designated AFCs. This final rule also establishes a requirement applicable only to the NEVI Formula Program projects that a Community Engagement Outcomes Report must be included in the State EV Infrastructure Deployment Plan.

Charging Network Connectivity of EV Charging Infrastructure

This final rule establishes charging network connectivity requirements for charger-to-charger-network communication, charging-network-to-charging-network communication, and charging-network-to-grid-communication, as well as a requirement that chargers must remain functional if communication with the charging network is temporarily disrupted.

Information on Publicly Available EV Charging Infrastructure Locations, Pricing, Real Time Availability, and Accessibility Through Mapping

This final rule establishes requirements for information on publicly available EV charging infrastructure locations, pricing, real time availability, and accessibility through mapping. The regulations specify that these specific data fields that must be available, free of charge, to third party software developers. The regulation also specifies how the price for EV charging must be displayed and stipulates that the price must be the real-time price and any other fees in addition to the price for electricity must be clearly displayed and explained. This final rule also establishes that each charging port must have an average annual uptime greater than 97 percent.

Other Federal Requirements

Finally, this final rule species that all applicable Federal statutory and regulatory replacement apply to the EV charger projects.

Summary of Comments

The FHWA published its NPRM at 87 FR 37262 on June 22, 2022. The FHWA received 384 submissions to the docket resulting in more than 1,700 individual comments in response to the NPRM.

The FHWA received comments from a wide array of advocacy and interest groups, including comments representing EV coalitions, energy coalitions, transportation advocacy groups, as well as equity/environmental justice interest groups, accessibility advocates, and natural environment advocacy groups, among others; 31 State government offices, including State departments of transportation, and three associations of States (the American Association of State Highway Transportation Officials (AASHTO), the Northeast States for Coordinated Air Use Management, and the Western Governors Association); city and county governmental agencies, private companies (primarily representing energy companies, vehicle manufacturing companies, and charging equipment companies); and individual private citizens, identified and anonymous.

Summary of Significant Changes Made in This Final Rule as Compared to the

NPRM

Section 680.106(b) was revised regarding the minimum number of charging ports at each charging station.

This section now requires all stations along, and designed to serve users of, designated AFCs to include at least four network-connected DCFC charging ports capable of simultaneously charging at least four EVs. This section also now requires all stations that are not located along, or designed to serve users of, designated AFCs to include at least a total of four charging ports; these charging ports can be either all DCFC or AC Level 2 or a combination of DCFC and AC Level 2.

Section 680.106(e) was revised to specify different availability requirements for charging stations located along designated AFCs, and charging stations not located along, and not designed to serve users of, designated AFCs.

Section 680.106(f) was revised to also require an automated toll-free calling or an SMS as an additional payment method.

Section 680.108 was revised to incorporate regulations that were previously shown under § 680.114 in the proposed rule, as these standards were identified to apply to interoperability. This section was also modified to specify that chargers must be capable of using Open Charge Point Interface (OCPI) for interoperability.

Section 680.112 was revised to clarify which programs were subject to the reporting requirements as well as reduce the data reporting burden by removing the requirement for reporting the cost of electricity under the previous proposed § 680.112(b)(6), reducing the frequency of reporting of the previous proposed § 680.112(b)(7) to annually from quarterly, and changing of the previous proposed § 680.112(b)(8)–(9) to one-time reporting requirements rather than quarterly. The community engagement outcomes report was changed to include a requirement to address this information in the annual State EV Infrastructure Deployment Plan rather than as a separate report. To address Confidential Business Information (CBI) concerns, all quarterly, annual, or one-time data that is made public is required to be aggregated and anonymized.

Section 680.114 was revised to remove interoperability requirements (which were moved to § 680.108). This section was also revised to include a requirement that chargers remain functional if communication with the

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