under a contract, grant, or cooperative agreement, typically including evaluation criteria and a statement of the work to be done or areas to be investigated.

"Vehicle" means any truck, van, station wagon, bus, or car used on public roads or highways as well as off-road agricultural equipment, such as tractors, harvesters, and so forth, which currently burn gasoline or diesel fuel.

§ 478.3 Development of information on industry research and development. Before completing program planning for each fiscal year, the manager shall search appropriate data archives to identify planned, ongoing, or completed research and development on methane-fueled vehicles and related facilities. In addition, when necessary the manager shall contact private sector entities to determine the nature of any research and development of this kind which they may be planning or conducting. This information, which will provide a data base for making certifications under § 478.6, shall be compiled and made available to the public, after removal of any proprietary information as described in 10 CFR 1004.10(b)(4).

§ 478.4 Review of DOE program plans.

In formulating a program plan for the program authorized by the Act, the DOE manager shall make the draft program plan available for review and shall solicit comments from persons, in both the private sector and other Federal agencies, concerned with research and development of methane-powered vehicles and related facilities. At the same time, the manager shall place in the Commerce Business Daily and the FEDERAL REGISTER notices that the plan is available for comment. The manager shall take these comments into account in ensuring that planned projects will not supplant, duplicate, displace, or lessen private sector activities as provided in the Act. The manager shall maintain and make available a record of the comments solicited and received, and shall include in the program plan a discussion of the consideration of the comments.

§ 478.5 Required information from applicant.

Any proposal for a contract, grant, or cooperative agreement, under the Act to support research and development activities of methane-fueled vehicles or related facilities must

(a) State whether the activities will initiate or continue research and development of methane-fueled vehicles or related facilities;

(b) State, insofar as the applicant has information, whether and to what extent the activities to be supported are technically the same as activities conducted previously or to be conducted during the term of the award by any person for research and development of a substantially similar methane-fueled vehicle or related facility;

(c) Justify research and development activities on methane-fueled vehicles or related facilities abandoned by any person because of a lack of mass production potential by presenting information showing a significant intervening technological advance, promising conceptual innovation, or other special consideration;

(d) Provide an assurance that the amount of the applicant's own funds to be expended for research and development of methane-fueled vehicles or related facilities will not be diminished as a result of the award of a contract, grant, or cooperative agreement.

(e) Provide to the extent possible

(1) An assurance that the time period for completing research and development of the methane-fueled vehicles or related facilities is likely to be shorter as a result of a contract, grant, or cooperative agreement; and

(2) The estimated delay, if any, which is likely to occur if the application for a contract, grant, or cooperative agreement is denied.

Information required from the applicant shall also be set forth in the solicitation notice for a contract, grant, or cooperative agreement.

EDITORIAL NOTE: Section 478.5, published at 47 FR 13705, Mar. 31, 1982, contains information collection requirements which will not be effective until OMB approval has been obtained.

§ 478.6 Review and certification by man

ager.

(a) The manager shall reject any proposal that has not been completed in accordance with § 478.5 of these regulations or any other generally applicable requirements for the submission of proposals. A rejected proposal may be corrected, amended or resubmitted as permitted by the applicable procedures under the assistance and procurement regulations of the Federal agency receiving the proposal.

(b) After the preliminary review and prior to recommending that contracting officials negotiate an award, the manager shall review the proposed research and development to be performed under contract, grant, or cooperative agreement, to determine whether the proposed project meets the standards and criteria of § 478.8.

(c) Upon consideration of all relevant information, including the DOE program plan, any applicable comments on the program plan, information on private-sector research and development programs compiled annually under § 478.3, and all material submitted by the applicant, the manag

er

(1) Shall determine whether the research and development to be performed complies with the standards and criteria of § 478.8;

(2) Shall obtain the concurrence of DOE on the certification decision, either affirmative or negative, if the manager is not an employee of DOE;

(3) Shall, in the event of a negative determination under this section, advise the applicant of the decision in writing with a brief statement of supporting reasons; and

(4) Shall, in the event of an affirmative determination under this section, prepare a certification—

(i) Explaining the determination;

(ii) Discussing any allegedly related or comparable industrial research and development considered and not deemed to be an adequate basis for not certifying the contract, grant or cooperative agreement;

(iii) Discussing issues regarding cost sharing and patent rights related to the standards and criteria of § 478.8 of these regulations; and

(iv) Discussing any other relevant issue.

(d) After complying with paragraph (c) of this section, the manager shall sign the certification and distribute copies to the applicant, if any and to DOE, if the manager is not a DOE employee

(1) Immediately in the case of a DOE or agency project; and

(2) After the agreement has been negotiated in the case of a contract, grant, or cooperative agreement. The applicant's copy shall accompany the award. In this case, the manager shall informally notify the applicant of the outcome of his decision under paragraph (c)(1) of this section as soon as possible after it is made.

§ 478.7 Disclosure and reviewability of certification.

Any certification issued under these rules is

(a) Subject to disclosure under 5 U.S.C. 552 and section 17 of the Federal Nonnuclear Energy Research and Development Act of 1974, as amended (42 U.S.C. 5918); and

(b) Available to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate; and

(c) Subject neither to judicial review nor to the provisions of 5 U.S.C. 551559, except as provided under paragraph (a) of this section.

§ 478.8 Standards and criteria.

Research and development to be performed under a contract, grant, or cooperative agreement, as a DOE project, or as an agency project under the Act may be certified under these regulations only if the research and development to be conducted

(a) Supplements the research and development efforts of industry or any other researcher on methane-fueled vehicles or related facilities;

(b) Is not duplicative of efforts previously abandoned by private researchers unless the project has been justified by an intervening technological advance, promising conceptual innovation, or other special consideration;

(c) Would not be performed during the term of the award but for the availability of the Federal funding being sought;

(d) Is likely to produce an advanced methane-fueled vehicle or related facility suitable for steps toward technology transfer to mass production in a shorter time period than would otherwise occur;

(e) Is not technologically the same as efforts, by any person, conducted previously or to be conducted during the term of the award regarding a substantially similar advanced methanefueled vehicle or related facility; and

(f) If not likely to result in a decrease in the level of private resources expended for research and development on methane-fueled vehicles and related facilities by substituting Federal funds without justification.

490.57

490.58

Consent order.

Remedies.

Subpart G-Investigations, Violations, Sanctions, Injunctions, and Judicial Actions

490.61

Investigations.

490.62 Violations. 490.63 Sanctions. 490.64 Injunctions.

AUTHORITY: Federal Energy Administration Act of 1974, (15 U.S.C. 761 et seq.); Energy Policy and Conservation Act, (42 U.S.C. 6201 et seq.), as amended; Department of Energy Organization Act, (42 U.S.C. 7101 et seq.); EO 11790, 39 FR 23185 (June 27, 1974); EO 12009, 42 FR 4627 (Sept. 15, 1977); Standby Conservation Plan No. 2, Emergency Building Temperature Restrictions, 44 FR 12906 (Mar. 8, 1979); EO 11912, 41 FR 15825 (Apr. 13, 1976); Presidential Proclamation No. 4667, 44 FR 40629 (July 12, 1979); and Presidential Proclamation No. 4750, 45 FR 26019 (Apr. 17, 1980).

SOURCE: 46 FR 8415, Jan. 26, 1981, unless otherwise noted.

Subpart A-Scope and Definitions § 490.1 Scope.

Except as otherwise provided in this part, this part applies to covered buildings in each state or political subdivision thereof, and shall supercede any law of any state or political subdivision thereof or any Federal order, regulation or directive, to the extent such law, order, regulation or directive is inconsistent with these regulations or

any guidelines or orders issued pursuant thereto.

§ 490.2 Effective date.

These regulations first took effect on July 16, 1979, and, by Presidential Proclamation of April 15, 1980, will continue to be effective through January 16, 1981. The regulations may be terminated or suspended by the President at any time.

§ 490.3 Authority to contract or delegate. DOE may delegate or contract for the carrying out of all or any part of the functions under this part.

§ 490.4 Authority to issue orders and guidelines.

DOE may issue such orders and guidelines, and may make such adjustments, as are necessary to administer and implement the provisions of these regulations.

§ 490.5 Definitions.

(a) "Capability for simultaneous heating and cooling" means an HVAC system that can supply heating to one part of the space-conditioning equipment while at the same time supplying cooling to another, including but not limited to dual-duct, reheat, recool, multizone fans, fan-coil units in combination with central air and induction units in combination with central air.

(b) "Cooling season" means those periods when the HVAC system in a covered building is operated such that no space heating is being used in that building.

(c) "Covered building" means every building or portion of a building, but excludes residential buildings, hotels or other lodging facilities, hospitals and health care facilities, elementary schools, nursery schools and day-care centers, and such other buildings and facilities as the Secretary may by rule determine: Provided, That to the extent that the non-sleeping facilities of a hotel, motel or other lodging facility have space-conditioning control devices separate from the sleeping facilities, the non-sleeping facilities are not excluded from the definition.

(d) "Dew point temperature" means the temperature at which condensation of water vapor begins as the tem

perature of the air-vapor mixture is reduced. When the dry-bulb temperature equals the dew point temperature, the relative humidity is 100 percent.

(e) "DOE" means the Department of Energy.

(f) "Domestic hot water" means hot water which is intended for use in covered buildings for personal hygiene or general cleaning.

(g) "Dry-bulb temperature" means the temperature of air as measured by a dry-bulb, or ordinary thermometer which directly measures air temperature. Where unusual radiant heat gain or loss, or where unusually high air velocity conditions prevail, an adjusted dry-bulb temperature may be calculated in accordance with American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) Standard 55-74 Thermal Environmental Conditions for Human Occupancy. Alternatively, Temperature may be read directly using a Vernon-type globe thermometer.

(h) "Elementary School" means any school which has any grades kindergarten through sixth grade, provided, that if the non-elementary grade portions of a building have space-conditioning control devices separate from the elementary portions, the non-elementary grade portions are not included within the definition of elementary school.

(i) "Fuel distributor" means any person who delivers oil or other fuel for use in a covered building.

(j) "Heating season" means those periods when the HVAC system in a covered building is operated such that no space cooling energy is used in that building.

(k) "Humidity" means a measure of the water-vapor content of air.

(1) "HVAC" means Heating, Ventilating and Air Conditioning.

(m) "HVAC System" means a system that provides either collectively or individually the processes of space heating, ventilating and/or air conditioning within or associated with a building.

(n) "Hospital and health care facility" means a building such as a general hospital, tuberculosis hospital or any other type of hospital, clinic, nursing

or

convalescent home, hospice or other facility duly authorized to provide hospital or health care services under the laws of the jurisdiction in which the institution or facility is located, but does not include the offices of physicians, dentists and other members of health care professions licensed by the State to provide health related services, which are not located in such a building.

(o) "Hotel or other lodging facility" means a building where sleeping and lodging accommodations are provided to the public, or to the members of a private membership organization or other private facility, in the ordinary course of business.

(p) "Occupied period" means that time of the day or night when the covered building or portion thereof is used for its ordinary function or functions.

(q) "Operator" means any person, whether lessee, sublessee or assignee, agent or other person, whether or not in physical possession of a covered building, who has control, either directly or indirectly through an agent, of heating, cooling or hot water equipment servicing the covered building.

(r) "Owner" means any person, whether or not in physical possession of a covered building, in whom is vested legal title, and who has control, either directly or indirectly through an agent, of heating, cooling or hot water equipment servicing the covered building.

(s) "Person" means any individual, corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, the United States or any State or political subdivision thereof, the District of Columbia, Puerto Rico, any U.S. territory or possession, or any agency of the United States or any State or political subdivision thereof, or other organization or institution.

any

(t) "Public utility" means a publicly or privately owned and operated utility which is engaged in the sale of electric power or natural gas to end-users.

(u) "Relative humidity" means the ratio of the amount of water vapor in the air at a specific temperature to the maximum water vapor capacity of the air at that temperature.

(v) "Residential building" means any building used for residential purposes but does not include any portion of such building used for commercial, industrial or other business purposes and which, with respect to the heating and cooling requirements of these regulations, has separate heating or cooling space-conditioning control devices or, with respect to water temperature restrictions, has separate hot water temperature control devices.

(w) "Room" means that portion of the interior space which is contained within the exterior surfaces of a building, which is contained within floor to ceiling partitions, and which is conditioned directly or indirectly by an energy using system.

(x) "Secretary" means the Secretary of the Department of Energy.

(y) "Solar Energy" means energy derived from the sun directly through the solar heating of air, water and other fluids; indirectly through the use of electricity produced by solar photovoltaic or solar thermal processes; or indirectly through the use of wind, geothermal, small scale water power or biomass, including wood, and any combustible municipal or industrial trash or waste materials. (z) device" means a device for directly or indirectly controlling the room temperature and/or humidity by means of the HVAC system.

"Space-conditioning

control

(bb) "State" means any State, the District of Columbia, Puerto Rico, or any territory or possession of the United States.

(cc) "Temperature control device" means a thermostat or any other device used to regulate the operation of heating or cooling equipment or a hot water heater.

(dd) "Unoccupied" means those periods eight hours or longer of the day or night other than the occupied period.

(ee) "Wet-bulb temperature" means the temperature of air as measured by a wet-bulb thermometer, which is a thermometer having the bulb covered