Notice2025-15370
National Electric Vehicle Infrastructure Formula Program Guidance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 13, 2025
Effective
August 13, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This notice announces the availability of FHWA's revised National Electric Vehicle Infrastructure (NEVI) Formula Program Interim Final Guidance. This Interim Final Guidance updates the existing NEVI Formula Program Guidance to align with clear and express statutory language in order to streamline and provide flexibility for implementation of the program. This Interim Final Guidance is effective immediately while FHWA seeks comment on what further changes may be appropriate.
Full Text
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<title>Federal Register, Volume 90 Issue 154 (Wednesday, August 13, 2025)</title>
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[Federal Register Volume 90, Number 154 (Wednesday, August 13, 2025)]
[Notices]
[Pages 39025-39026]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15370]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No.: FHWA-2025-0010]
RIN 2125-ZA30
National Electric Vehicle Infrastructure Formula Program Guidance
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice; Request for comments.
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SUMMARY: This notice announces the availability of FHWA's revised
National Electric Vehicle Infrastructure (NEVI) Formula Program Interim
Final Guidance. This Interim Final Guidance updates the existing NEVI
Formula Program Guidance to align with clear and express statutory
language in order to streamline and provide flexibility for
implementation of the program. This Interim Final Guidance is effective
immediately while FHWA seeks
[[Page 39026]]
comment on what further changes may be appropriate.
DATES: This Interim Final Guidance document is effective on August 13,
2025. Comments must be received on or before August 27, 2025. Late-
filed comments will be considered to the extent practicable.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit comments by only one of the following means:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. This
website allows the public to enter comments on any Federal Register
notice issued by any agency. Follow the online instructions for
submitting comments.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
<bullet> Hand Delivery: U.S. Department of Transportation, Docket
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. The telephone number is (202)
366-9329.
<bullet> Instructions: You should identify the agency name and the
docket number at the beginning of your comments. Late comments will be
considered to the extent practicable. Note that all comments received
will be posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Jensen, Office of Natural
Environment, (202) 763-4330, <a href="/cdn-cgi/l/email-protection#90f7f1e2e9befaf5fee3f5fed0f4ffe4bef7ffe6"><span class="__cf_email__" data-cfemail="345355464d1a5e515a47515a74505b401a535b42">[email protected]</span></a>, or Ms. Dawn Horan,
Office of Chief Counsel, (202) 366-9615, <a href="/cdn-cgi/l/email-protection#b3f7d2c4dd9dde9dfbdcc1d2ddf3d7dcc79dd4dcc5"><span class="__cf_email__" data-cfemail="612500160f4f0c4f290e13000f21050e154f060e17">[email protected]</span></a>. Office
hours are from 9:00 a.m. to 5:00 p.m., ET, Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
A copy of the Guidance is available for download and public
inspection through <a href="http://www.regulations.gov">www.regulations.gov</a> using the docket number listed
above. Electronic retrieval assistance and guidelines are also
available at <a href="http://www.regulations.gov">www.regulations.gov</a>. An electronic copy of this document
also may be downloaded from the Office of the Federal Register's
website at: <a href="http://www.FederalRegister.gov">www.FederalRegister.gov</a> and the U.S. Government Publishing
Office's website at: <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
Background
The Infrastructure Investment and Jobs Act (IIJA), Public Law 117-
58, established the NEVI Formula Program. The Program was authorized
under paragraph (2) under the Highway Infrastructure Program heading in
title VIII of division J of the IIJA.
The Program provides $5 billion of funding to States to deploy
electric vehicle (EV) charging infrastructure and establish an
interconnected network to facilitate data collection, access, and
reliability. Initially, funding under the Program is directed to
infrastructure acquired or installed along designated electric vehicle
(EV) Alternative Fuel Corridors (AFCs). When the State determines and
the Secretary certifies that AFCs in a State are fully built out,
funding may be used for EV charging infrastructure on any public road
or in other publicly accessible locations.
Since the passage of the IIJA, FHWA has issued a number of guidance
documents to implement the NEVI Formula, including but not limited to:
<bullet> December 11, 2024, Build Out Certification--NEVI Formula
Program Guidance
<bullet> June 11, 2024, NEVI Formula Program Guidance
<bullet> February 27, 2024, Method for Submitting Electric Vehicle
Charger Data under 23 CFR 680.112
<bullet> State EV Deployment Plan Exception Requests
<bullet> State Plan/State Plan Update for EV Infrastructure Deployment
Template
Consistent with President Trump's commitment to ending unlawful,
unnecessary, and onerous requirements, FHWA is reviewing its existing
regulations and guidance documents for alignment with law and
Administration priorities. This Interim Final Guidance aligns with
Executive Order 14154 ``Unleashing American Energy,'' to eliminate
previous mandates for EV charging infrastructure and potential burdens.
In addition, per the January 29, 2025, memorandum from the Secretary of
Transportation on the Implementation of Executive Orders Addressing
Energy, Climate Change, Diversity, and Gender, this Guidance rescinds
previous guidance and policy that is not required by clear and express
statutory language. FHWA believes that this Interim Final Guidance
provides flexibility to the States for implementation of the program.
Summary of Changes
FHWA made several changes to the previously released NEVI guidance
document dated June 11, 2024. Changes include, but are not limited to:
<bullet> Minimizing the content required in State plans to
statutory and regulatory requirements.
<bullet> Simplifying the plan approval process.
<bullet> Aligning community engagement requirements with regulatory
requirements and reducing the consultation requirements to advance
projects.
<bullet> Providing States with the flexibility to determine the
appropriate distance between stations along alternative fuel corridors
to allow for reasonable travel.
<bullet> Minimizing requirements for States to consider electric
grid integration, renewable energy, and alignment with electric
distribution interconnection processes, except where required by
regulation.
<bullet> Encouraging selection of charging locations where the
charging station owners are also the site host to accelerate project
delivery.
<bullet> Eliminating requirements for States to address consumer
protections, emergency evacuation plans, environmental siting,
resilience and terrain considerations.
<bullet> Providing States with more flexibility in determining when
their system is built out allowing NEVI funds to be used on public
roads statewide.
Request for Comments
Although the Interim Final Guidance is effective immediately, FHWA
invites comments on this Guidance, which is available in the docket for
this notice. FHWA will consider substantive comments received on the
Interim Final Guidance and will consider whether any further changes
are needed based on comments received.
Authority: Public Law 117-58, title VIII of division J.
Gloria M. Shepherd,
Executive Director, Federal Highway Administration.
[FR Doc. 2025-15370 Filed 8-12-25; 8:45 am]
BILLING CODE 4910-22-P
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