[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2093]
[[Page Unknown]]
[Federal Register: February 4, 1994]
VOL. 59, NO. 24
Friday, February 4, 1994
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Part 474
[Docket No. EE-RM-94-101]
Electric and Hybrid Vehicle Research, Development, and
Demonstration Program; Equivalent Petroleum-Based Fuel Economy
Calculation
AGENCY: Department of Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is proposing to amend its
Electric Vehicle Research and Development Program to provide new
factors for calculating the equivalent petroleum-based fuel economy of
electric vehicles. The equivalent petroleum-based fuel economy value is
intended to be used in calculating the corporate average fuel economy
pursuant to regulations prescribed by the Environmental Protection
Agency. DOE is required to develop the procedure pursuant to section
503(a)(3) of the Motor Vehicle Information and Cost Savings Act, as
amended.
DATES: Written comments (6 copies) must be received by DOE on or before
April 5, 1994. The public hearing will be held on March 23, 1994 at
9:30 a.m. at the address listed below. Requests to speak at the hearing
must be received by March 15, 1994.
ADDRESSES: Written comments (6 copies) and requests to speak at the
hearing are to be submitted to: U.S. Department of Energy, Office of
Transportation Technologies, EE-30, Ms. Sheila Perez, 1000 Independence
Avenue SW., room 6B-094, Docket Number EE-RM-94-101, Washington, DC
20585, (202) 586-6723.
The public hearing will be held in room 1E-245, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC Please bring eight copies
of the prepared oral testimony to the hearing. Copies of the hearing
transcript and written comments received may be obtained or inspected
at the DOE Freedom of Information Reading Room, room 1E-190, 1000
Independence Avenue, SW., Washington, DC, 20585, (202) 586-6020, 9
a.m.-4 p.m., Monday-Friday, except holidays.
FOR FURTHER INFORMATION CONTACT: Rogelio Sullivan, U.S. Department of
Energy, Office of Transportation Technologies, Electric and Hybrid
Propulsion Division, Mail Stop EE-321, 1000 Independence Avenue, SW.,
Washington, DC 20585, (202) 586-8042.
Eugene Margolis, Esq., U.S. Department of Energy, Office of General
Counsel, GC-41, 1000 Independence Avenue, SW., Washington, DC 20585,
(202) 586-9507.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion
A. Requirements of the Motor Vehicle Information and Cost
Savings Act
B. Test Procedures
C. Calculation Procedures
1. Driving Pattern Factor
2. Electric Transmission Efficiency
3. Accessory Factor
4. Electricity Generation Efficiency and Relative Scarcity
Factor
5. Petroleum Equivalency Factor Calculation
6. Alternative Measure of Relative Scarcity and Value
D. Public Access to Information
III. Opportunities for Public Comment
A. Written Comments
B. Public Hearing
1. Request to Speak Procedures
2. Conduct of the Hearing
IV. Procedural Requirements
A. Environmental Review
B. Regulatory Review
C. Regulatory Flexibility Act
D. Federalism Review
E. ``Takings'' Assessment Review
F. Review Under Section 32 of the Federal Energy Administration
Authorization Act
G. Review Under Executive Order 12778
I. Background
In an effort to conserve energy through improvements in the energy
efficiency of motor vehicles, Congress in 1975 passed the Energy Policy
and Conservation Act (Pub. L. 94-163). Title III of the Energy Policy
and Conservation Act amended the Motor Vehicle Information and Cost
Savings Act (15 U.S.C. 1901, et seq.) by mandating fuel economy
standards for automobiles produced in, or imported into, the United
States. This legislation, as amended, requires that every manufacturer
or importer meet a specified corporate average fuel economy standard
for the fleet of vehicles which the manufacturer produces or imports in
any model year. Although electric vehicles are included under the
definition of the term ``automobile'' in the Motor Vehicle Information
and Cost Savings Act, they do not consume ``fuel'' as defined in the
Motor Vehicle Information and Cost Savings Act. Therefore, calculation
of an electric vehicle manufacturer's corporate average fuel economy is
impossible without a petroleum equivalency factor term.
On January 7, 1980, the President signed the Chrysler Corporation
Loan Guarantee Act of 1979 (Pub. L. 96-185). Section 18 of the Chrysler
Corporation Loan Guarantee Act of 1979 added a new paragraph (2) to
section 13(c) of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976 (Pub. L. 94-413). Part of the new section
13(c) added subsection (a)(3) to section 503 of the Motor Vehicle
Information and Cost Savings Act. That subsection directs the Secretary
of Energy to determine equivalent petroleum-based fuel economy values
for various classes of electric vehicles. The intent of the legislation
is to provide an incentive for vehicle manufacturers to produce
electric vehicles by including the expected high equivalent fuel
economy of these vehicles in the corporate average fuel economy
calculation and thereby to accelerate the early commercialization of
electric vehicles.
Section 18 of the Chrysler Corporation Loan Guarantee Act of 1979
further amended the Electric and Hybrid Vehicle Research, Development
and Demonstration Act of 1976 by adding a new paragraph (3) to section
13(c) which directed the Secretary of Energy, in consultation with the
Secretary of Transportation and the Administrator of the Environmental
Protection Agency, to conduct a seven-year evaluation program of the
inclusion of electric vehicles in the calculation of average fuel
economy. In May 1980, pursuant to the requirements of section 503(a)(3)
of the Motor Vehicle Information and Cost Savings Act, DOE proposed a
method of calculating the equivalent petroleum-based fuel economy of
electric vehicles. The rule was finalized in April 1981. The seven-year
evaluation program was completed and the calculation of the annual
petroleum equivalency factors was not extended past 1987. The
equivalent petroleum-based fuel economy equation terms in this
rulemaking change the way the electricity generation output, input and
relative value factor terms are calculated. The updated equation
incorporates off-peak electric vehicle charging and the relative
scarcity of electricity generation fuel sources.
Administrative responsibilities for the corporate average fuel
economy program are assigned to the Department of Transportation and
the Environmental Protection Agency under the Motor Vehicle Information
and Cost Savings Act. The Secretary of Transportation is responsible
for prescribing the corporate average fuel economy standard and
enforcing the penalties for failure to meet these standards. The
Administrator of the Environmental Protection Agency is responsible for
calculating a manufacturer's corporate average fuel economy value. The
Department of Energy is responsible for developing and promulgating the
petroleum equivalency factor, the key component in the calculation of
equivalent petroleum-based fuel economy for electric vehicles.
II. Discussion
A. Requirements of the Motor Vehicle Information and Cost Savings Act
Section 503(a)(3) of the Motor Vehicle Information and Cost Savings
Act (15 U.S.C. 2003(a)(3)) requires DOE to determine the equivalent
petroleum-based fuel economy values for various classes of electric
vehicles, taking into account the following parameters:
(i) The approximate electric energy efficiency of the vehicles
considering the vehicle type, mission, and weight;
(ii) The national average electricity generation and transmission
efficiencies;
(iii) The need of the Nation to conserve all forms of energy, and
the relative scarcity and value to the Nation of all fuel used to
generate electricity; and
(iv) The specific driving patterns of electric vehicles as compared
with those of petroleum-fueled vehicles.
Section 503(a)(3) also provides for revision of such values if
necessary.
Due to continued technology development and a strong interest in
the corporate average fuel economy of electric vehicles from industry,
DOE is proposing an updated method of calculating the petroleum
equivalency factor. Unlike the current version of 10 CFR part 474 which
required annual updating of the petroleum equivalency factor, the
updated methodology yields a fixed value valid through the year 2004.
B. Test Procedures
DOE is proposing to revise Sec. 474.3 to provide that the test
procedure to be used in determining equivalent petroleum-based fuel
economy shall be based on the Society of Automotive Engineers Electric
Vehicle Energy Consumption and Range Test Procedure J1634, effective
May 1993. In accordance with 1 CFR part 51, the DOE will incorporate by
reference this test procedure for the final rulemaking. Copies of the
material to be incorporated by reference are available at the location
indicated in the ``ADDRESSES'' section of this notice. The Society of
Automotive Engineers Test Procedure J1634 provides standard tests for
determining the energy consumption and range of electric vehicles based
on the same highway and urban cycles used for gasoline-powered
vehicles. The tests address electric vehicles only, and judge
performance on the total vehicle system and the battery.
The current version of 10 CFR part 474 attempted to duplicate the
Environmental Protection Agency urban driving cycle. The Environmental
Protection Agency urban driving cycle was based heavily on stop-and-go
as opposed to highway vehicle usage. Roughly 91 percent of this cycle
was dedicated to stop-and-go testing and nine percent to freeway
testing. The Society of Automotive Engineers J227a driving pattern
closely duplicated the Environmental Protection Agency urban driving
cycle and was used for electric vehicle testing in both the stop-and-go
and freeway driving patterns.
DOE is today proposing that Society of Automotive Engineers Test
Procedure J1634 replace Society of Automotive Engineers Test Procedure
J227a to determine equivalent petroleum-based fuel economy. The current
version of 10 CFR part 474 was based on the premise that electric
vehicles would only be appropriate for urban use, and therefore
excluded use of a separate highway test cycle when testing the electric
vehicle. The resultant measurements were typical of stop-and-go driving
with minimal freeway vehicle usage. In addition, the Society of
Automotive Engineers Test Procedure J227a has a shorter, repetitive
test cycle compared to the Society of Automotive Engineers Test
Procedure J1634. This shorter, repetitive test cycle of Test Procedure
J227a does not represent driving conditions for a gasoline-powered
vehicle as well as the test cycle proposed in Society of Automotive
Engineers Test Procedure J1634.
C. Calculation Procedures
Section 474.4 describes the steps necessary to calculate the
equivalent petroleum-based fuel economy of an electric vehicle. The
rule itself specifies a series of arithmetic steps one of which
requires the inclusion of a Petroleum Equivalency Factor. The Petroleum
Equivalency Factor is a single value incorporating the factors ii-iv
specified by Congress in the Act.
While the determination of the energy efficiency of an electric
vehicle as specified in section 503(a)(3)(A)(i) is a straightforward
task based on physical testing, the measurement of the remaining
parameters listed in section 503(a)(3)(A) of the Motor Vehicle
Information and Cost Savings Act is subject to less precise
quantification. A discussion of DOE's consideration of these parameters
follows and is further documented in ``Electric Vehicles and the
Corporate Average Fuel Economy'' and ``Proposed Electric Vehicle
Petroleum Equivalency Factor Equation'' which are contained in Docket
No. EE-RM-93-301.
At this time DOE is proposing the Petroleum Equivalency Factor
value to be used through the year 2004. The actual figures are provided
below.
The Petroleum Equivalency Factor is determined as follows:
TP04FE94.000
where:
DPF = driving pattern factor
nt = average national electrical transmission efficiency
AF = accessory factor
Etotal = total output electricity generation mix (%)
Ii = input electricity generation of fuel i (%)
Vi = relative scarcity factor of fuel i
Each of these factors is described in further detail below:
1. Driving Pattern Factor
Section 503(c)(3)(A)(iv) of the Motor Vehicle Information and Cost
Savings Act requires that DOE take into account ``the specific driving
patterns of electric vehicles as compared with those of petroleum-
fueled vehicles.'' The driving pattern factor is the ratio of annual
vehicle miles travelled for an electric vehicle to that of a petroleum-
fueled vehicle. Since there is an insufficient number of electric
vehicles in service for use as a sample, a factor of 100 percent (1.00)
will be used until such time DOE has collected sufficient data to show
otherwise.
2. Electric Transmission Efficiency
Section 503(c)(3)(A)(ii) of the Motor Vehicle Information and Cost
Savings Act requires DOE to take account of ``the national average
electrical generation and transmission efficiencies.'' Since energy is
lost in transmitting electricity, this factor has a negative effect on
the equivalent petroleum-based fuel economy. The national average
electrical transmission efficiency is 91.5 percent and is not expected
to change significantly over the next several years.
3. Accessory Factor
Sections 503(a)(3) (iii) and (iv) direct DOE to include ``the need
* * * to conserve all forms of energy'' and ``specific driving patterns
of electric vehicles as compared to petroleum-fueled vehicles'' in
equivalent petroleum-based fuel economy. Accordingly, DOE considered
the use of petroleum fueled accessories in the Petroleum Equivalency
Factor calculations. This factor is directed exclusively at heater/
defroster installations that are powered by petroleum fuels and has
been assigned a usage factor (reduction) of approximately ten percent
per accessory. This results in three possible accessory factor values--
1.00, .900, or .810--corresponding to whether the electric vehicle is
equipped with none, one, or two petroleum-powered accessories
respectively.
4. Electricity Generation Efficiency and Relative Scarcity Factor
The last term in the Petroleum Equivalency Factor formula takes
account of the remaining parameters listed in the Motor Vehicle
Information and Cost Savings Act: The national average electricity
generation efficiency and the relative scarcity and value to the Nation
of all fuel used to generate electricity. The term is the ratio of
total output electricity generation mix to input electricity
generation, weighed by a relative scarcity factor. The derivation of
values for this term, and therefore, for the Petroleum Equivalency
Factor, depends on the availability of data for (1) total electricity
generation, (2) energy sources used in electricity generation, (3)
electricity generation mix, (4) fuel source reserves, and (5)
consumption of electricity generation fuel sources.
Section 503(a)(3)(A)(ii) of the Motor Vehicle Information and Cost
Savings Act requires DOE to take into account average electricity
generation efficiency. Electricity generation efficiency is defined as
the total output electricity generation mix (Etotal) divided by
the sum of the input electricity generation mix (I2i) values. The
updated Petroleum Equivalency Factor equation includes the effects of
off-peak electric vehicle charging in its calculation of average
electricity generation efficiency. The input electricity generation mix
values, based on off-peak electric vehicle charging, were multiplied by
the ratio of electricity generation fuel source (quadrillion BTUs)
output (Eqi) to input (Iqi) values (Table I), to obtain
output electricity generation mix values (Table II).
Table I.--Eqi, Iqi and Eqi/Iqi Ratio
------------------------------------------------------------------------
Eqi\1\(quads) Iqi\2\(quads) Eqi/Iqi
Fuel source Ratio
------------------------------------------------------------------------
Coal............................. 5.318 16.150 0.329
Nuclear.......................... 1.968 6.186 0.318
Hydroelectric.................... 0.955 2.911 0.328
Natural Gas...................... 0.901 2.881 0.313
Petroleum........................ 0.400 1.251 0.320
---------------
Total........................ 9.542 ............. 29.379
------------------------------------------------------------------------
\1\Source: Monthly Energy Review, November 1991, Table 7.1, Electric
Utility Net Generation of Electricity, p. 89 (million kilowatthours).
\2\Source: Monthly Energy Review, November 1991, Table 2.6, Energy Input
at Electric Utilities, p. 31 (quadrillion BTU).
Table II.--Calculation of Etotal
------------------------------------------------------------------------
Eqi/Iqi Etotal
Fuel source Ii (%) ratio (%)
------------------------------------------------------------------------
Coal....................................... 50.17 0.329 16.52
Nuclear.................................... 23.33 0.318 7.42
Hydroelectric.............................. 14.52 0.328 4.76
Natural Gas................................ 5.72 0.313 1.79
Oil........................................ 6.29 0.320 2.01
----------------------------
Total................................ 100.00 ....... 32.51
------------------------------------------------------------------------
Section 503(a)(3)(A)(iii) of the Motor Vehicle Information and Cost
Savings Act also requires in part that ``the relative scarcity and
value to the Nation of all fuel used to generate electricity'' be taken
into account. The Petroleum Equivalency Factor accomplishes this by
multiplying each of the individual input energy generation mix value
terms used in calculating electricity generation efficiency by a
relative scarcity factor (Vi). The relative scarcity factor is
derived by determining the U.S. percent and numeric share of the world
reserve market (Table III), and calculating the rate at which the U.S.
is depleting each fuel source's reserves. These values are then
normalized to obtain the relative scarcity value for each fuel source
(Table IV).
Table III.--Calculation of U.S. Share of World Reserve Market
------------------------------------------------------------------------
U.S.
percent U.S. share
Fuel source World reserve of fuel of world
value\1\ source reserve
market market\2\
------------------------------------------------------------------------
Crude Oil, billion barrels...... 967.7 26.3 254.8
Dry Natural Gas, trillion cubic
feet........................... 4,083.0 26.0 1,061.6
Recoverable Coal, million short
tons........................... 1,482,801.0 17.1 253,559.0
------------------------------------------------------------------------
\1\Source: 1989 International Energy Annual (February, 1991) Tables 35
and 36, pgs. 97-101. The world reserve value expressed in this table
is the average of the minimum and the maximum world reserve values
obtained from the 1989 International Energy Annual.
\2\Source: U.S. Share of the World Reserve Market = World Reserve Value
x U.S. percent of Fuel Source Market.
Table IV.--Calculation of Relative Scarcity Value, V
------------------------------------------------------------------------
Years 1
before % of total ----------- Relative
Fuel source depletion (abundance) Abundance scarcity,
V
------------------------------------------------------------------------
Crude Oil................. 34 .176 5.68 .487
Natural Gas............... 45 .233 4.29 .368
Coal...................... 114 .591 1.69 .145
Nuclear................... NA NA NA .010
Hydro..................... NA NA NA .010
---------------------------------------------
Total............... 193 ........... 11.66 .........
------------------------------------------------------------------------
It should be noted that direct reserve values are not available for
hydroelectric or nuclear power. Thus, relative scarcity values of .01
are assigned to each since zero values would theoretically mean
infinite supplies of each exist.
5. Petroleum Equivalency Factor Calculation
The Petroleum Equivalency Factor terms, including the driving
pattern factor term, average national electricity transmission
efficiency term, accessory factor term, and the electric generation
output, input and relative scarcity term, are multiplied together to
determine the proposed Petroleum Equivalency Factor (Table V). The
three different Petroleum Equivalency Factor values reflect the three
possible values of the accessory factor.
Table V.--Petroleum Equivalency Factor Calculation
----------------------------------------------------------------------------------------------------------------
Total
Electrical output
transmiss. Accessory elect Sum of Petroleum
Driving pattern factor efficiency factor gen. mix Ii x Vi equivalency
(t) (%) factor
(Etotal)
----------------------------------------------------------------------------------------------------------------
1.000................................................. .915 1.000
.900
.810 .325 .128 2.32
2.09
1.88
----------------------------------------------------------------------------------------------------------------
6. Alternative Measure of Relative Scarcity and Value
Inherent in the calculation of the petroleum equivalency is a
measure of the relative scarcity and value to the Nation of all
electric generation fuels. This proposed rule uses a resource based
measure of scarcity and value. It utilizes the estimated reserves of
electric generation fuels and their rate of consumption as an estimate
of each fuel's scarcity and value. Though we are confident of the
soundness of this approach, we recognize that there is some support for
a measure of resource scarcity and value based on its market price. The
previous rule utilized this approach. It has been suggested that a BTU
adjusted market price of fuel might be a more realistic and measurable
reflection of the scarcity and value of electric generation fuels.
Under this approach, long term price projections such as those made by
the Energy Information Administration could be used instead of marginal
prices to address the problems associated with frequent updating of the
petroleum equivalency factor to reflect market prices. We seek comments
on this alternative market price based approach as well. Comments are
sought on the merits of the market price based approach and its impact
on the users of the petroleum equivalency factor.
D. Public Access to Information
To assist the public in commenting on this proposed rulemaking,
copies of the sources of information used in developing this rulemaking
(which will be incorporated by reference) are available in Docket No.
EE-RM-94-101 for public inspection and copying in the DOE Freedom of
Information Reading Room 1E-190, Forrestal Building, 1000 Independence
Avenue, SW, Washington, DC, between the hours of 9 a.m. and 4 p.m.,
Monday through Friday.
III. Opportunities for Public Comment
A. Written Comments
Interested persons are invited to participate in this rulemaking by
submitting data, views, or comments with respect to the proposed
rulemaking. Comments should be submitted to the address indicated in
the ADDRESSES section of this notice and should be identified on the
outside of the envelope and on documents submitted to DOE with the
designation ``Inclusion of Electric Vehicles in Corporate Average Fuel
Economy Calculation--Proposed Regulation Update'' (Docket No. EE-RM-94-
101). Six copies should be submitted. All comments received on or
before the date indicated at the beginning of the notice and all other
relevant information will be considered by DOE before issuance of a
final rule. Pursuant to the provisions of 10 CFR 1004.11 any person
submitting information believed to be confidential and that may be
exempt by law from public disclosure should submit one complete copy
and eight copies from which information claimed to be confidential has
been deleted. In accordance with the procedures established by 10 CFR
1004.11, DOE shall make its own determination with regard to any claim
that information submitted be exempt from public disclosure.
B. Public Hearing
1. Request To Speak Procedures
The time and place of the public hearing are indicated in the DATES
and ADDRESSES sections of this notice. DOE invites any person who has
an interest in the proposed rulemaking, or who is a representative of a
group or class of persons that has an interest in the proposed
rulemaking, to make a request for an opportunity to make an oral
presentation. Such a request should be directed to DOE at the address
indicated in the ADDRESSES section of this notice.
The person making the request should briefly describe the interest
concerned and if appropriate, state why he or she is a proper
representative of a group or class of persons that has such an
interest, and a daytime telephone number where the requester may be
contacted. Six copies of a speaker's statement should be brought to the
hearing. In the event that any person wishing to testify cannot provide
eight copies, alternative arrangements can be made in advance of the
hearing.
2. Conduct of the Hearing
DOE reserves the right to select the persons to be heard at the
hearing, to schedule their respective presentations, and to establish
the procedures governing the conduct of the hearing. The length of each
presentation may be limited, based on the number of persons requesting
to be heard.
A DOE official will be designated to preside at the hearing. This
will not be an evidentiary or judicial-type hearing but will be
conducted in accordance with 5 U.S.C. 553 and section 501 of the
Department of Energy Organization Act, 42 U.S.C. 7191. Questions may be
asked only by those conducting the hearing. At the conclusion of all
initial oral statements, each person who has made an oral statement
will be given the opportunity, if he or she so desires, to make a
rebuttal or clarifying statement. The statements will be given in the
order in which the initial statements were made and will be subject to
time limitations.
Any further procedural rules needed for the proper conduct of the
hearing will be announced by the presiding officer.
IV. Procedural Requirements
A. Environmental Review
Pursuant to section 7(a) of the Federal Energy Administration Act
of 1974 (15 U.S.C. 766(a)), a copy of this notice was submitted to the
Administrator of the Environmental Protection Agency for the
Administrator's comments concerning the impacts of this proposal on the
quality of the environment.
This rulemaking has been reviewed in accordance with the
requirements of the DOE--National Environmental Policy Act Final Rule
as published in the Federal Register on April 24, 1992. Based on that
review, this rulemaking was found to qualify for a categorical
exclusion under Appendix A to subpart D, Item A5 of the Final Rule:
Rulemaking (interpreting/amending), no change in environmental effect.
The rulemaking does not change the environmental effect of the current
version of 10 CFR part 474.
B. Regulatory Review
Pursuant to the January 22, 1993, memorandum on the subject of
regulatory review from the Director of the Office of Management and
Budget (58 FR 6074, January 25, 1993), DOE submitted this notice to the
Director for appropriate review. The Director has completed his review.
Separately, DOE has determined that there is no need for a regulatory
impact analysis because the rule is not a major rule as that term is
defined in section 1(b) of Executive Order 12291.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (Pub. L. 96-345) (5 U.S.C. 601-612)
requires that an agency prepare an initial regulatory flexibility
analysis to be published at the time the proposed rule is published.
This requirement (which appears in section 603) does not apply if the
agency certifies that the rule will not, if promulgated, have a
``significant economic impact on a substantial number of small
entities.''
DOE certifies that this action will have little, if any, effect on
small business. It is directed at vehicle manufacturers that will be
concerned with a mix of petroleum and electric fueled vehicles in their
annual production.
D. Federalism Review
Executive Order 12612 (52 FR 41685, October 30, 1987) requires that
regulations or rules be reviewed for any substantial direct effects on
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among
various levels of government. If there are sufficient substantial
direct effects, then Executive Order 12612 requires preparation of a
federalism assessment to be used in all decisions involved in
promulgating such a regulation or rule.
DOE's responsibility with this action and 10 CFR part 474 serve
only to provide a method of interpreting 40 CFR part 600 (Fuel Economy
of Motor Vehicles) for electric vehicles. The action does not involve
any substantial direct effects on States of other considerations stated
in Executive Order 12612. Hence, no federalism assessment is required.
E. ``Takings'' Assessment Review
It has been determined that pursuant to Executive Order 12630 (52
FR 8859, March 18, 1988), this proposed regulation, if adopted, would
not result in any takings which might require compensation under the
Fifth Amendment to the United States Constitution.
F. Review Under Section 32 of the Federal Energy Administration
Authorization Act
Section 32 of the Federal Energy Administration Act of 1974 (15
U.S.C. 788) imposes certain requirements when a proposed rule contains
commercial standards or authorizes or requires the use of such
standards.
The commercial standards proposed today incorporate commercial
standards to measure the energy consumption and range of electric
vehicles. The commercial standards are the Society of Automotive
Engineers Electric Vehicle Energy Consumption and Range Test Procedure
J1634.
DOE has evaluated the promulgation of these standards in light of
the public participation criteria of section 32(b). The Department is
unable to conclude whether development of these standards fully
complied with section 32(b) regarding the manner of public
participation.
Finally, as required by section 32(c), DOE will consult with the
Attorney General and the Chairman of the Federal Trade Commission
concerning the impact of these standards on competition, prior to
prescribing final test procedures.
G. Review Under Executive Order 12778
Section 2 of Executive Order 12778 instructs each agency subject to
Executive Order 12291 to adhere to certain requirements in promulgating
new regulations and reviewing existing regulations. These requirements,
set forth in sections 2(a) and (b)(2), include eliminating drafting
errors and needless ambiguity, drafting the regulations to minimize
litigation, providing clear and certain legal standards for affected
conduct, and promoting simplification and burden reduction. Agencies
are also instructed to make every reasonable effort to ensure that the
regulation specifies clearly any preemptive effect, effect on existing
Federal law or regulation, and retroactive effect; describes any
administrative proceedings to be available prior to judicial review and
any provisions for the exhaustion of such administrative proceedings;
and defines key terms. The DOE certifies that today's proposed rule
meets the requirements of sections 2(a) and (b)(2) of Executive Order
12778.
List of Subjects in 10 CFR Part 474:
Electric power, Energy conservation, Incorporation by reference,
Motor vehicles, Research.
For the reasons set forth in the preamble, DOE proposes to amend
part 474 of chapter II of title 10 of the Code of Federal Regulations
as set forth below.
Issued in Washington, DC, on January 14, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
PART 474--ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM; EQUIVALENT PETROLEUM-BASED FUEL ECONOMY
CALCULATION
1. The authority citation for part 474 continues to read as
follows:
Authority: Section 503(a)(3) Motor Vehicle Information and Cost
Savings Act, Pub. L. 94-163 (15 U.S.C. 2003(a)(3)), as added by
Section 18, Chrysler Corporation Loan Guarantee Act of 1979, Pub. L.
96-185; Department of Energy Organization Act, Pub. L. 95-91.
2. Section 474.2 is amended by removing the definitions for
``Steady- speed electrical efficiency value'' and ``Stop-and-go
electrical efficiency value'' and adding the following definitions in
alphabetical order:
Sec. 474.2 Definitions.
* * * * *
Highway fuel economy test procedure driving schedule electrical
efficiency value means the average number of kilowatt-hours of
electrical energy required for an electric vehicle to travel 1 mile of
the highway fuel economy test procedure driving schedule, as determined
in accordance with Sec. 474.3(c).
* * * * *
Urban driving schedule electrical efficiency value means the
average number of kilowatt-hours of electrical energy required for an
electric vehicle to travel one mile of the urban driving schedule, as
determined in accordance with Sec. 474.3(b).
3. Section 474.3 is revised to read as follows:
Sec. 474.3 Test procedures.
(a) The conditions and equipment in the Electric Vehicle Energy
Consumption and Range Test Procedure--J1634 of the Society of
Automotive Engineers shall be used for conducting the test procedures
set forth in this section.
(b) The energy consumption test procedures prescribed in Society of
Automotive Engineers procedure J1634, Section 6, using the
Environmental Protection Agency Urban Driving Schedule, shall be used
for generation of the urban driving schedule electrical efficiency
value.
(c) The energy consumption test procedures prescribed in Society of
Automotive Engineers procedure J1634, Section 6, using the Highway Fuel
Economy Test Procedure Driving Schedule, shall be used for generation
of the highway fuel economy test procedure driving schedule electrical
efficiency value.
4. Section 474.4 is amended by revising paragraphs (a), (b) and (e)
to read as follows:
Sec. 474.4 Equivalent petroleum-based fuel economy calculation.
(a) Calculate the equivalent petroleum-based fuel economy of an
electric vehicle as follows:
(1) Determine the urban driving schedule electrical efficiency
value, according to Sec. 474.3(b).
(2) Determine the highway driving schedule electrical efficiency
value, according to Sec. 474.3(c).
(b) Calculate the electrical energy efficiency value by:
(1) Multiplying the urban driving schedule electrical efficiency
value by 0.55; and
(2) Multiplying the highway fuel economy test procedure driving
schedule electrical efficiency value by 0.45; and
(3) Adding the resulting two figures, rounding to the nearest 0.01
kWh/mile.
* * * * *
(e) Calculate the equivalent petroleum-based fuel economy value in
miles per gallon by multiplying the electric energy efficiency value by
one of the three petroleum equivalency factor values which reflect the
three production volume/accessory combinations specified in
Sec. 474.4(d):
(i) 2.32;
(ii) 2.09; or
(iii) 1.88.
[FR Doc. 94-2093 Filed 2-3-94; 8:45 am]
BILLING CODE 6450-01-P
