Comment on FR Doc # E7-18153

To Whom it May Concern: These comments concern proposed Private and Local Government Fleet Determination, required by 42 U.S.C. 13257(e) to be made concerning the DOE's Alternative Fuel Transportation Program, document ID EERE-2007-BT-STD-0014-0001. I am a U.S. citizen in the state of California who shares the program's goals of "ensur[ing] the availability of those replacement fuels that will have the greatest impact in reducing oil imports, improving the health of our Nation's economy and reducing greenhouse gas emissions." 42 U.S.C. 13252(a). I believe the Secretary is compelled to make a determination of necessity for a private and local government fleets rule in order to meet the goals outlined in 42 U.S.C. 13252. 42 U.S.C. 13257(e) requires the Secretary to find such a rule necessary if: A) the goal of replacement fuel use described in section 13252(b)(2)(B) . . . is not expected to be actually achieved by 2010, or such other date as is established under section 13254 of this title, by voluntary means or pursuant to this subchapter or any other law without such a fleet requirement program, taking into consideration the status of the achievement of the interim goal; and B) such goal is practicable and actually achievable within periods specified through implementation of such a fleet requirement program in combination with voluntary means and the application of other programs relevant to achieving such goals.". First, the Secretary must make an affirmative finding under 42 U.S.C. 13257(e)(1)(A) because the replacement fuel use goal of 30% by 2030 cannot be reached by voluntary means "or any other law." Because the revised goal of 30% replacement fuel by 2030 is so far in the future, the Secretary cannot establish unequivocally that such a goal will be met without the proposed rule. Even if such a goal could be met without the proposed rule, it is possible that reductions in replacement fuel use after meeting the goal could prevent meeting the goal at the time of final assessment in 2030. Therefore, the Secretary is compelled to find the rule necessary. Second, the Secretary's determination under 42 U.S.C. 13257(e)(1)(A) must be affirmative even if it is found that the proposed rule will have no appreciable direct affect on total replacement fuel consumption. In making this determination, the Secretary should take into account the technology-forcing effects of the proposed rule, and the possibility that economic and technological developments in the fleet vehicle sector resulting from the rule might help make the replacement fuel goal achievable without regard to the actual replacement fuel use of the affected fleets. Since the Secretary has already made an affirmative determination with respect to 42 U.S.C. 13257(e)(1)(B), the Secretary should find the Private and Local Government Fleet rule "necessary." I support such a finding, and believe that the direct and technology-forcing effects of such a rule will help reduce dependence on imported energy, promote industrial innovation and economic prosperity, and reduce greenhouse gas emissions from the transportation sector. Thank you for your diligent consideration of these comments. Sincerely, Edmund J. Gorman, Jr.