(1) For an electric vehicle, at least 60 km on the SAE J227 a/B cycle, and

(2) For a hybrid vehicle, at least 200 km on the SAE J277 a/B cycle.

(f) Battery recharge time. The vehicle shall be capable of satisfying the range requirement of § 475.11(e) above, after being recharged for no more than 10 hours. At the start of this recharge, the vehicle shall have 80 percent discharged batteries as specified by the vehicle test conditions and procedures of § 475.3.

(g) Recharge control. The vehicle shall have an automatic recharge control which will meet the requirements of energy, life, and safety as such requirements are stated by these performance standards. This paragraph applies when on-board chargers are used and also when offboard chargers supplied by or specified by the vehicle manufacturer for recharge of the vehicle are used.

(h) Energy Consumption. (1) For an electric vehicle, the maximum amount of nonelectrical energy consumed shall be that used for operation of the accessories only.

(2) For a hybrid vehicle, nonelectrical energy consumed shall not exceed 9.8 kJ/kmkg of cargo and shall also not exceed 75 percent of total energy consumed for propulsion and vital accessories, based on being fully loaded on a driving schedule of 100 km on SAE J227 a/B cycle, the cargo not including the operator, and with vital accessories on.

(i) Battery life. (1) The vehicle shall be capable of at least 75 percent of the range specified in § 475.11(e) after 12 months or 15,000 km of normal use, whichever occurs first.

(2) The vehicle shall be capable of 100 percent of the acceleration and gradeability specified in paragraph (a), (b), and (c) of this section, for all test conditions and procedures specified by § 475.3 for 12 months or 15,000 km or normal use, whichever occurs first.

(3) The batteries shall, if necessary, be repaired or replaced by the vehicle manufacturer at no cost to the user of the vehicle in order to meet requirements of paragraphs (i) (1) and (2) of this section.

(j) State-of-charge meter. The vehicle shall have a state-of-charge meter for

the propulsion battery system or other means of providing an indication of remaining range.

(k) Odometer. The vehicle shall have an odometer.

(1) Passenger comfort heater. The vehicle shall have the capability of having a passenger comfort heater installed at the option of the purchaser.

(m) Documentation. Adequate user manuals, maintenance (service) manuals and parts lists shall be provided.

(n) Emissions. The vehicle shall comply with all applicable Federal emissions regulations for motor vehicles.

(0) Safety, crashworthiness, damageability, crash avoidance and hazards. (1) The vehicle shall comply with all applicable Federal motor vehicle safety standards as set forth in 49 CFR Part 571, unless a temporary exemption is obtained by the manufacturer from the Department of Transportation.

(2) Until the Department of Transportation issues regulations which cover the same subjects, the vehicle shall also have the following performance characteristics:

(i) The electric propulsion circuit shall be electrically isolated from other conductive portions of the vehicle sufficiently to prevent personal hazards due to contacting any portion of the electric propulsion circuit while in contact with other portions of the vehicle.

(ii) The vehicle shall be capable of complying with ther performance requirements of Federal motor vehicle safety standards 208 and 301 with all battery materials remaining outside the passenger compartment.

(iii) Vehicles with battery vents shall have flame barrier provisions to inhibit battery explosions.

(iv) Ventilation shall be adequate within the battery compartment to maintain the concentration of hydrogen below 4 percent by volume during vehicle operation (including charging and maintenance).

(v) The vehicle shall have a device which provides for the positive disconnection of the battery and which is operable from the normal operator position.

476.3 General requirements.

476.4 Eligibility requirements. 476.5 Program solicitation. 476.6

Evaluation and selection. 476.7 Allowable expenditures. 476.8 Contract proposals.

AUTHORITY: Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976, Pub. L. 94-413, 90 Stat. 1260 et seq. (15 U.S.C. 2501 et seq.), as amended by the Department of Energy Act of 1978-Civilian Applications, Pub. L. 95-238; Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 et seq. (42 U.S.C. 7101 et seq.).

SOURCE: 44 FR 57370, Oct. 4, 1979, unless otherwise noted.

§ 476.1 Purpose and scope.

This part establishes a program which makes planning grants available to qualified small business concerns which require assistance in developing, submitting and entering into contracts for research, development, or demonstration of electric or hybrid vehicles pursuant to section 9(c)(2) of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976, Pub. L. 94-413, 90 Stat. 1260 et seq. (15 U.S.C. 2501 et seq.), as amended.

§ 476.2 Definitions.

As used in this part-"Act" means the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976, Pub. L. 94-413, 90 Stat. 1260 et seq. (15 U.S.C. 2501 et seq.), as amended.

"Affiliate" means "affiliate" as defined in 13 CFR Part 121.3-2(a).

"Annual receipts" means the gross income (less returns and allowances, sales of fixed assets, and interaffiliate transactions) of a concern (and its domestic and foreign affiliates) from sales of products and services, interest, rents, fees, commissions, and/or from whatever other source derived, as entered on its regular books of account for its most recently completed fiscal year and each of the two preceding years (whether on a cash, accrual, completed contracts, percentage of completion, or other acceptable accounting basis) and, in the case of a concern subject to U.S. Federal income taxation, reported or to be reported to the U.S. Treasury Department, Internal Revenue Service for Federal income tax purposes. If a concern has been in business less than 3 years, its average annual receipts shall be computed by determining its average weekly receipts for the period in which it has been in business, and multiplying such figure by 52. If a concern has acquired an affiliate during the applicable accounting period, it is necessary in computing the applicant's annual receipts to include the affiliate's receipts during the entire applicable accounting period, rather than only its receipts during the period in which it has been an affiliate. The receipts of a former affiliate are not included even if such concern had been an affiliate during a portion of the applicable accounting period.

"Concern" means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with its principal place of business located in the United States. "Concern" includes, but is not limited to, an individual, partnership, corporation, joint venture, association or cooperative. For the purpose of making affiliation findings, any business entity, whether organized for profit or not, and any foreign business entity, (i.e. any entity located outside the United States) shall be included.

"DOE" means the Department of Energy.

"Electric vehicle" means a vehicle which is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electrical current,

and which may include a nonelectrical source of power designed to charge batteries and components thereof.

"Hybrid vehicle" means a vehicle propelled by a combination of an electric motor and an internal combustion engine or other power source and components thereof.

"Small business concern" means a concern which, including its affiliates, is independently owned and operated, (a) does not have assets exceeding $3.0 million as of the date of the latest available balance sheet of the concern, (b) does not have average annual receipts for the three preceding fiscal years in excess of $3.0 million, and (c) does not have an average annual net income (after Federal income taxes) for the three preceding fiscal years in excess of $300,000 (to be computed without any benefit of carryover losses), or if a concern has been in business less than three fiscal years, such average annual income shall be based on the relevant period it has been in existence.

"United States" means each of the several States, the territories and possessions of the United States, the Commonwealth of Puerto Rico and the District of Columbia.

§ 476.3 General requirements.

Except where this part provides otherwise, the award and administration of financial assistance under this part will be governed by

(a) 10 CFR Part 600, entitled "Assistance Regulations";

(b) Such other requirements applicable to this part as DOE may from time to time prescribe; and

(c) Any Federal requirements applicable to grants under this part.

§ 476.4 Eligibility requirements.

Grants under this part may be made only to small business concerns which lack adequate funds to develop, prepare and submit proposals for entering into contracts for research, development or demonstration of electric or hybrid vehicles under the Act.

§ 476.5 Program solicitation.

(a) Subject to the availability of funds, DOE will solicit applications for planning grants, at least once each

year, by issuing a program solicitation. Planning grants may be awarded only in response to the program solicitation.

(b) Each program solicitation shall set forth the requirements and procedures for applying for grants under this part, including—

(1) An explanation of the planning grant program and how to prepare and submit applications;

(2) A time schedule for submission of, and DOE action on, applications; (3) The place for and manner of submission of applications;

(4) A unique number for identification purposes;

(5) The eligibility requirements; (6) The evaluation criteria and their relative importance;

(7) An explanation of the evaluation and selection procedures;

(8) The specific problems or areas of concern, if any, which DOE is emphasizing in its funding of research, development or demonstration of electric or hybrid vehicles under the Act;

(9) A statement notifying potential applicants that the program solicitation does not commit DOE to pay any application preparation costs and that DOE reserves the right to award planning grants to any, all or none of the applicants;

(10) The total estimated amount of funds which will be available for the award of planning grants pursuant to the program solicitation;

(11) An explanation of how late applications will be handled;

(12) A copy of DOE's "Guide for the Submission of Unsolicited Proposals," or such other similar documents as DOE may from time to time issue;

(13) The required terms and conditions which will be included in grant instruments;

(14) The budget and financial status formats to be submitted with the application by which the applicant is required to substantiate its qualifications as a small business concern, the amount of the requested grant, and the applicant's financial need therefor;

(15) A statement notifying potential applicants that whenever an application contains information which may be exempt by law from public disclo

sure, it shall be handled in accordance with the procedures in 10 CFR 1004.11.

(16) A DOE contact (name and telephone number) for additional information; and

(17) Copies of any portions of those materials listed in § 476.3 with which grantees will be required to comply.

(c) Timely notice of the program solicitation will be published in the FEDERAL REGISTER, Commerce Business Daily, trade and professional journals and newspapers. Timely notice of the program solicitation will also be distributed directly to potential applicants to the extent considered necessary by DOE to assure adequate publicity and opportunity for participation.

§ 476.6 Evaluation and selection.

(a) Each application will undergo a preliminary review to determine whether it has been completed in accordance ith the requirements of the program solicitation and whether the applicant meets the eligiblity requirements. If this preliminary review reveals that the applicant does not meet the eligibility requirements, has failed to submit required financial and budgetary information or has omitted other required substantive information, the application shall be rejected and a prompt reply shall be sent to the applicant stating the reason(s) for the rejection. Applications with nonsubstantive or minor omissions or defects shall not be rejected. The applicant shall be notified of such omission or defect and must correct it prior to the award of a grant.

(b) Applications which successfully pass the preliminary review in accordance with paragraph (a) of this section will be evaluated and ranked based on the following criteria:

(1) The technical merit and quality of the research, development or demonstration project for which the applicant intends to develop a proposal, including such considerations as:

(i) Its potential for making a significant contribution to accelerating the introduction of electric and hybrid vehicles into the nation's transportation fleet;

(ii) Its potential for making a significant contribution to solving, or helping to solve, major problems facing the EHV programs; and

(iii) The problems which must be solved before the anticipated results of the proposal may make a meaningful contribution, and the applicant's recognition and acknowledgment of those problems and their need to be resolved.

(2) The capability of the applicant to successfully carry out the proposal, as measured by the following factors:

(i) The qualifications of the applicant's personnel;

(ii) The adequacy of the applicant's facilities; and

(iii) The quality of discussion and analysis in the application.

(3) The reasonableness of the applicant's budget for the preparation of the proposal.

(c) DOE will select applicants for planning grant awards taking into account the evaluation of the applications under paragraph (b) of this section and the availability of funds.

§ 476.7 Allowable expenditures.

Planning grant funds may be used only for the direct costs, and other identified costs normally included as overhead, incurred by the grantee in developing, preparing and submitting proposals to DOE. No profits or fees may be added to the grantee's direct costs.

§ 476.8 Contract proposals.

(a) When DOE receives an application for a planning grant for the development, preparation and submission of a proposal for entering into a contract for research, development or demonstration activities under the Act which falls within the scope of a current or pending DOE solicitation notice, DOE will furnish the applicant a copy of the solicitation notice when available. If the applicant is awarded a planning grant in these circumstances, its proposal will be considered as being in response to the solicitation notice.

(b) All other contract proposals will be considered as unsolicited proposals.

other

These regulations implement section 4(d) of the Methane Transportation Research, Development, and Demonstration Act of 1980 (15 U.S.C. 3801), and apply to each new contract, grant, cooperative agreement, Department of Energy (DOE) project, or agency project funded or to be funded under the research and development authority conveyed upon the Secretary of Energy by that Act. These regulations do not apply to subcontractors, contractors under grants or cooperative agreements, or to contracts, grants, cooperative agrements, DOE projects, or other agency projects entered into, made, or formally approved and initiated prior to December 12, 1980, or with respect to any renewal or extension thereof. Insofar as contracts, grants, and cooperative agreements are concerned, these regulations provide procedures and requirements, in addition to those generally applicable under the assistance and procurement regulations of the Federal agency funding the research and development under the Act.

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'Agency project" means research and development requested by DOE under the Act performed by employees of a Federal agency or of a national laboratory operated for a Federal agency.

“Applicant” means any private laboratory, university, nonprofit organization, industrial organization, private agency, institution, organization, corporation, partnership, individual, or public agency other than a Federal agency.

"DOE" means the United States Department of Energy.

"DOE project" means research and development under the Act by employees of DOE or of a national laboratory operated for DOE.

"Federal agency" means an executive agency as defined by 5 U.S.C. 105.

"Manager" means the Federal program official who requests that a contracting or grants officer negotiate a contract, grant, or cooperative agreement; who requests that a contracting officer authorize transfer of DOE funds for an agency project; or who authorizes a DOE project to begin.

"Methane" means either natural gas (as defined in 2(1) of the Natural Gas Policy Act of 1978), gas derived from coal, liquefied natural gas, or any gaseous transportation fuel produced from biomass, waste products, and other renewable resources.

"Related facilities” means any facility for the transmission, storage, or dispensing of methane fuel for vehicles.

"Research and development" means activities constituting a project to advance the state of the art of methanefueled vehicles or related facilities and does not mean activities involving technology transfer to mass production, evaluative testing, preliminary planning for a DOE or an agency project, or program administration and management.

"Solicitation" means a formal, written request for proposals/applications to perform research and development