DOE Proposes Rule Under Section 

133 of the Energy Independence 

and Security Act

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 official NOPR appears in the October 31, 2011, Federal 

Register at http://www.gpo.gov/fdsys/pkg/FR-2011-10-31/pdf/2011-

26761.pdf

Impact of the NOPR

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.

Proposed Credits and Changes

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.

Section 133–identified vehicles that qualify as AFVs (e.g., 

battery electric vehicles) already are entitled to and receive 

one AFV credit. DOE maintains that non-AFVs should 

not receive as much credit as AFVs because they do not 

achieve as great an effect as do AFVs toward EPAct’s 

petroleum replacement goal. 

VEHICLE TECHNOLOGIES PROGRAM

DOE is proposing credit allocation levels for electric drive vehicles 

that do not otherwise qualify as alternative fuel vehicles. Photo by 

Pat Corkery, NREL/PIX 18150

DOE proposes to allocate one-half credit for the 

acquisition of a medium- or heavy-duty electric vehicle 

that does not otherwise qualify as an AFV, and credit for 

investments in qualified alternative fuel infrastructure 

(i.e., fueling or charging stations), alternative fuel nonroad 

equipment (e.g., mobile construction or material/cargo 

handling equipment), and emerging technologies (i.e., 

preproduction electric drive vehicles), with one credit for 

every $25,000 invested. 

DOE also proposes modifications to the use of program 

credits, the exemption process, the Alternative Compliance 

option, and other amendments and provisions to make the 

program regulations clearer.

Public Participation

Comments on the NOPR are due December 30, 2011. 

Identify all comments by Docket ID No. EERE2011-OT-0066 and submit through one of these methods:

1. Federal eRulemaking Portal at http://www.regulations.gov

2. Email at regulatory.info@nrel.gov

3. Mail or deliver eight copies to:

U.S. Department of Energy

Office of Energy Efficiency and Renewable Energy

EE–2G, RIN 1904–AB81

1000 Independence Avenue, SW

Washington, DC 20585–0121.

EERE Information Center

1-877-EERE-INFO (1-877-337-3463)

www.eere.energy.gov/informationcenter 

Printed with a renewable-source ink on paper 

containing at least 50% wastepaper, including 

10% post consumer waste.

Prepared by the National Renewable Energy Laboratory (NREL), DOE/GO-102011-3460 • November 2011

a national laboratory of the U.S. Department of Energy, Office of 

Energy Efficiency and Renewable Energy; NREL is operated by the 

Alliance for Sustainable Energy, LLC.