§ 475.11

Minimum levels of performance for commercial vehicles.

The following minimum levels of performance are required with respect to any commercial vehicles purchased or leased in fulfillment of contracts entered into following the effective date of these regulations, pursuant to section 7(c) of the Act.

(a) Acceleration. The time required to accelerate from rest to 50 km/h shall not exceed 14s for vehicles with a payload carrying capability of less than or equal to 600 kg.

(b) Gradeability at speed. The grade which can be traversed up at 25 km/h shall be at least 10 percent.

(c) Gradeability limit. The grade which the vehicle can start and climb for 20s either backward or forward shall be no less than 20 percent.

(d) Forward speed capability. The speed which can be maintained for 5 minutes shall be 75 km/h.

(e) Range. The distance which the vehicle can be operated with vital accessories on or equivalent shall be:

(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.

(vi) The vehicle shall be capable of being parked for up to 8 hours in temperatures of -25° C. to 50° C. and subsequently operated, by moving forward under its own power, at any temperature within this temperature range without damage to the vehicle or hazard to persons.

PART 476-ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM SMALL BUSINESS PLANNING GRANTS

Sec.

476.1 Purpose and scope. 476.2 Definitions.

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.).

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 tc 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 plan

ning 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 disclosure, 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 budg

etary 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.

Sec.

477.34 Violation order for immediate compliance.

477.35 Modification or rescission.
477.36 Stay pending judicial review.
477.37 Consent order.
477.38 Remedies.

Subpart E-Motor Fuel Conservation Measures

477.41 Public information measure. 477.42 Minimum automobile fuel purchase

measure.

Subpart F-Middle Distillates Conservation Measures

477.51 Public information measure.

AUTHORITY: Title II, Emergency Energy Conservation Act of 1979, Pub. L. 96-102, 93 Stat. 757 et seq. (Nov. 5, 1979); Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 et seq. (Aug. 5, 1977).

SOURCE: 45 FR 8494, Feb. 7, 1980, unless otherwise noted.

Subpart A-General

§ 477.1 Purpose and scope.

This part establishes procedures for the development, submission and approval of State Plans, as hereinafter defined, and the standby Federal emergency energy conservation plan, as hereinafter defined, pursuant to Title II of the Emergency Energy Conservation Act of 1978, Pub. L. 96-102, 93 Stat. 757 (1979), 42 U.S.C. 8511 et seq. The purposes of this part are to provide a means for the Federal government, States and units of local government to establish emergency conservation measures with respect to gasoline, diesel fuel, home heating oil and other energy sources which may be in short supply; establish other emergency measures to alleviate disruptions in gasoline and diesel and other fuel markets; obtain data concerning such fuels; and protect interstate commerce.