DOE Proposes Rule Under Section 133 of the Energy Independence and Security Act

November 2, 2011

The U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) under Section 133 of the Energy Independence and Security Act of 2007 (EISA). The NOPR focuses on Section 133 of EISA, which directs DOE to allocate credits to covered fleets that acquire various types of electric drive vehicles, and that invest in emerging technologies related to those vehicles, qualified alternative fuel infrastructure, and nonroad equipment.

Some of the vehicles Section 133 identifies meet the Energy Policy Act (EPAct) definition of AFV already and so are entitled to credit. DOE proposes credit allocations for covered fleets that acquire Section 133–identified vehicles that do not already qualify as AFVs, and for fleets that make the qualified investments.

DOE proposes the following credit allocation levels under the program’s Standard Compliance mechanism for vehicles that do not otherwise qualify as AFVs:

  • Hybrid electric vehicle: one-half credit
  • Plug-in electric drive vehicle: one-half credit
  • Fuel cell electric vehicle: one-half credit
  • Neighborhood electric vehicle: one-fourth credit.

Read the full notice of proposed rulemaking in the October 31, 2011, Federal Register.

DOE invites the public to participate by commenting on the NOPR. Learn more about the NOPR and how to comment on it in the proposed rulemaking fact sheet.

DOE's Vehicle Technologies Program manages several transportation regulatory activities established by the Energy Policy Act of 1992.