On February 21, 2023, the Federal Highway Administration (“FHWA”) published a Notice of Waiver for Buy America requirements related to Electric Vehicle (“EV”) Chargers, 88 Fed. Reg. 10619. This waiver notice follows the Notice of Proposed Waiver published by FHWA on August 31, 2022. See 87 Fed. Reg. 53539. In response to a robust response from industry, the final waiver is narrower and more streamlined than the proposed waiver, bringing the number of phases from four to two, and simplifying the definition of an EV charger. The waiver applies starting March 23, 2023.Continue Reading FHWA Buy America Waiver for Electric Vehicle Chargers
Four federal agencies—the Environmental Protection Agency, the Department of Transportation, the Department of Energy, and the Department of Housing and Urban Development—have released a Blueprint for Transportation Decarbonization, an ambitious plan that outlines the principles the federal government will continue to use to pursue its stated goal of economy-wide net zero emissions by 2050. This “whole of government” mobilization will profoundly affect many investment decisions, collaborations, regulatory actions and policy disputes with material impacts across many business sectors.Continue Reading Biden Administration Releases Comprehensive Transportation Decarbonization Plan
Today, the IRS released Revenue Procedure 2022-42 to address the reporting requirements for vehicle manufacturers and sellers. These reporting requirements are prerequisites for purchasers’ eligibility for clean vehicle tax credits under Sections 25E, 30D, and 45W. Section 30D(d)(3) requires that a manufacturer enter into a written agreement to become a qualified manufacturer, which requires periodic written reports to the IRS. Similarly, Section 30D(1)(H) requires that the person who sells a vehicle furnish a report to purchasers and the IRS.Continue Reading IRS Releases Reporting Requirements to Determine Eligibility for Clean Vehicle Tax Credits
Briefing for certiorari has recently completed in Volkswagen v. Environmental Protection Commission of Hillsborough County. The challenged Ninth Circuit decision, if permitted to stand, could have significant effects on federal administration of motor vehicle emissions regulations, and enforcement actions against auto manufacturers.
Continue Reading Volkswagen asks the Supreme Court to Clarify the Role of States in Regulating a Manufacturer’s Post-Sale Vehicle Conduct
On 2 December 2020, the Competition and Markets Authority (“CMA”) announced a market study (the “study”) into the UK’s bourgeoning electric vehicle charging sector. This blog post considers the scope of the study, and may be of interest to Electric Vehicle market participants across the supply chain.
Continue Reading The CMA’s market study into the UK electric vehicle charging sector
The California Air Resources Board unanimously adopted the Advanced Clean Trucks rule, which is designed to accelerate the adoption of zero-emission medium and heavy duty vehicles (“ZEV”). By 2045, 100% of new trucks sold in the state will be ZEVs, consistent with the state’s broader goal of becoming carbon neutral by that year.
Continue Reading CARB Adopts Advanced Clean Trucks Rule to Speed Zero Emission Vehicle Deployment
The wheels continue to turn with the National Highway Traffic Safety Administration’s (“NHTSA”) efforts to modernize vehicle safety standards, including for connected and automated vehicles (“CAVs”). Most recently, NHTSA issued a Notice of Proposed Rulemaking (“NPRM”), seeking public comment on its endeavors “to improve safety and update rules that no longer make sense” for certain CAVs, “such as requiring manual driving controls on autonomous vehicles.” According to NHTSA, the NPRM is a “[h]istoric first step for the agency to remove unnecessary barriers to motor vehicles equipped with automated driving systems” (“ADS”).
Continue Reading IoT Update: NHTSA Continues to Ramp Up Exploration of Automated Driving Technologies
This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary for Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.” Formally entitled, “Ensuring American Leadership in Automated Vehicle Technologies,” AV 4.0 is less regulatory guidance and more regulatory aggregator. The document lists in great detail the various Administration efforts—across 38 federal departments and agencies—geared toward promoting, supporting, and providing accountability for users and communities with respect to autonomous mobility.
Continue Reading IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)
Innovative leaders worldwide are investing in technologies to transform their cities into smart cities—environments in which data collection and analysis is utilized to manage assets and resources efficiently. Smart city technologies can improve safety, manage traffic and transportation systems, and save energy, as we discussed in a previous post. One important aspect of a successful smart city will be ensuring infrastructure is in place to support new technologies. Federal investment in infrastructure may accordingly benefit both smart cities and smart transportation, as explained in another post on connected and autonomous vehicles (“CAVs”).
Given the growing presence of CAVs in the U.S., and the legislative efforts surrounding them, CAVs are likely to play an important role in the future of smart cities. This post explores how cities are already using smart transportation technologies and how CAV technologies fit into this landscape. It also addresses the legal issues and practical challenges involved in developing smart transportation systems. As CAVs and smart cities continue to develop, each technology can leverage the other’s advances and encourage the other’s deployment.Continue Reading IoT Update: How Smart Cities and Connected Cars May Benefit from Each Other