Thursday, June 9, 2022

OMB Approves FHWA Electric Vehicle Charging Grant Program NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking from DOT’s Federal Highway Administration (FHWA) for “National Electric Vehicle Infrastructure Formula Program”. This rulemaking was not listed in the Fall 2021 Unified Agenda. FHWA has a Fact Sheet available describing the NEVI Formula grant program for electric vehicle charging stations.

The NEVI Formula Program was authorized by Division J (see page 1421) of the Infrastructure Investment and Jobs Act (PL 117-58). There are no cybersecurity requirements outlined in that authorization language, but §11401(f)(4)(ii)(III) of that legislation (135 STAT. 548) requires applicants for grant programs under 23 USC 151 to describe how they have considered engagement with stakeholders to “to protect personal privacy and ensure cybersecurity”. It will be interesting to see how (if) this NPRM addresses cybersecurity issues.

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