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Private and Local Government Fleet Rule

Docket for Notice of Proposed Rulemaking: Alternative Fuel Transportation Program; Private and Local Government Fleet Determination (RIN 1904-AB69)

Section 507(e), (42 U.S.C. 13257(e)), of the Energy Policy Act of 1992 (EPAct) instructs the U.S. Department of Energy (DOE) to determine whether private and local government fleets should be required to acquire alternative fuel vehicles (AFVs).

Unlike the fleet mandates for Federal, state, and alternative fuel provider fleets, authority to implement regulations affecting private and local government fleets is conditioned on DOE determining that the fleet mandate is "necessary" to achieve the replacement fuel goals contained in Section 502(b)(2) of EPAct (42 U.S.C. 13252).

Background

On January 29, 2004, DOE published a final rule announcing its decision not to implement an AFV acquisition mandate for private and local government fleets. For more information on the 2004 Private and Local Government Fleet Determination rulemaking, choose the links below.

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Soon after the January 2004 rulemaking was signed, DOE was sued by the Center for Biological Diversity and Friends of the Earth. As a result of the lawsuit, the U.S. District Court for the Northern District of California vacated DOE's determination on March 6, 2006. (See Order on Cross-Motions for Partial Summary Judgment [PDF 361 KB].)

Subsequently, on March 30, 2006, the Court directed DOE to complete two rulemakings within two years: a new Replacement Fuel Goal and a final determination on the Private and Local Government Fleet Rule. (See Order of Retiming of Relief [PDF 65 KB].)

Replacement Fuel Goal (2007)

On March 6, 2007, DOE fulfilled its first obligation by issuing final rulemaking on the new Replacement Fuel Goal, which extends the EPAct 1992 goal of achieving a production capacity for replacement fuels sufficient to replace 30% of the U.S. motor fuel consumption to 2030. The final rule was published in the Federal Register on March 15, 2007. For more information on the Replacement Fuel Goal, choose the links below.

Private and Local Government Fleet Determination New Rulemaking (2007-2008)

On March 6, 2008, DOE signed a final rule that fulfills its second court-ordered obligation to issue a determination on the implementation of an AFV acquisition mandate for private and local government fleets. This final rule sets forth DOE's decision not to implement the mandate. DOE concluded that the mandate is not necessary to achieve the recently modified Replacement Fuel Goal.

For more information on the Private and Local Government Fleet Determination, choose the links below.