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 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.

8478.3 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 manager.

(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 manager

(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. 551-559, except as provided under paragraph (a) of this section.

8478.8 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 methane-fueled 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.

PARTS 490-499-(RESERVED)