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purchasers) must certify to his own sup- the Federal Energy offices and State of - (1) Market entry by branded indeplier, with respect to each allocated sub- fices not later than ten days prior to pendent marketers and non-branded instance to be supplied by his own sup- the end of the month.
dependent marketers and expansion or plier, his requirement for each use classi- (3) Compliance. Failure to make any reduction of marketing or distribution fication as required in Subpart C through certification, report, or copy submission facilities of such marketers in the case I of this part, for each month of the required by this Subpart is a violation of any refined petroleum product; and coming year. This certification must be of this regulation and subjects the person (2) Market entry by independent remade by the 10th of each month.
charged with making the certification, finers and small refiners and expansion (2) Every supplier who sells an al- report, or copy submission to penalties or reduction of refinery facilities of such located substance for resale (in the case described in $ 202.21 or $ 202.22 of Sub- refiners in the case of crude oil Any of gasoline excluding those who sell to part F of this chapter. Knowingly mak- such adjustment as may be ordered under retail outlets or bulk purchasers) must ing false, incomplete, or erroneous state- this paragraph (d) will be made only certify to his own supplier, with respect ments in any certification report or copy upon a finding that to the maximum exto each allocated substance to be sup- submission required by this subpart is tent practicable the objectives of The plied by his own supplier, his require- also & violation of this regulation and Act are attained thereby. ment for each use classification as re- subjects the preparer and anyone else quired in Subparts C through I of this supplying false, incomplete, or erroneous PART 201—MANDATORY PETROLEUM part, for each month of the coming year. information to the preparer, directly or
ALLOCATION PRICE REGULATIONS This certification must be made within indirectly, to the same penalties.
Subpart A-General 5 days of receiving reports from his
Subpart M-Allocations, Market Share Sec. wholesale purchasers.
and Market Entry
201.1 Scope. (3) It is the responsibility of each sup
2012 Applicability. plier at every level to obtain the neces
$ 200.81 Market share and market entry 201.3 Definitions. sary information from his purchasers in
Subpart B-Specific Price Regulations time to prepare and forward a timely (a) General. To the extent practicable
201.4 Price rule. certificate and to permit his supplier to and consistent with the purposes of The do the same. Reports are to be made in Acts, allocations of crude oil, residual AUTHORITY: Economic Stabilization Act of gallons. fuel oil or any refined petroleum product
1970 as amended by the Economic Stabiliza
tion Act Amendments of 1973. Pub. L. 92-210. (4) A copy of every certificate required subject to the provisions of this chapter
85 Stat. 743; Pub. L. 93-28; 87 Stat. 27; by paragraphs (a) (1) and (2) of this will be accomplished giving due consid
Emergency Petroleum Allocation Act of 1973, section shall be kept on record by both eration to: (1) National or regional
Pub. L. 93-159, E.O. 11748, 38 FR 33575. the supplier preparing and the supplier market share of any branded independreceiving such certificate. These certifi- ent marketer, non-branded independent
Subpart A-General cates must be made available for inspec- marketer, small refiner and independ- $201.1 Scope. tion by Federal Energy Office representa- ent refiner; and tives upon a proper request.
(2) Market entry of any branded in
This part sets forth the pricing rules (b) Downward reporting. (1) Every re- dependent marketer, non-branded in
applicable to the purchase or sale of
covered products. finer (for each refinery) and importer dependent marketer, small refiner and who is supplied or is a supplier of any al- independent refiner.
& 201.2 Applicability. located substance (crude oil, residual fuel (b) Allocation of decreased supply. To oil, or any refined product) will report the extent practicable and to accomplish unit or transaction in the United States
This part applies to each economic monthly to the Federal Energy Office the purposes of The Acts allocation of
to the extent that covered products are hearquarters with a copy to the appro- any refined petroleum to any branded
involved. priate regional office and the appropriate independent marketer, non-branded inState office the following information for dependent marketer, small refiner and $201.3 Definitions. each allocated substance (reports are to independent refiner shall be in an
As used in this part (a) "Covered Prodmade by calendar month in gallons): amount not less than any amount sup- ucts" means products described in the (i) His inventory at the beginning and plied to such person during the corre
1972 Standard Industrial Classification end of the preceding month by substance. sponding period of 1972 adjusted to pro
Manual, Industry Code 1311, 1321, or (ii) Deliveries received by him during vide a pro rata reduction in the amount
2911 (except natural gas). the preceding month by substance: these or any such product if the aggregate "United States" means the several deliveries should be segmented into new amount of such product produced in and
States, the District of Columbia, Puerto and old crude from domestic sources and imported into the United States is less
Rico, and the territories and possessions by country of origin for imports. In addi- than the amounts produced in or im- of the United States. tion, average price/per barrel should be ported into the United States in 1972. specified for each category,
(c) Allocation of increased supply. To
Subpart B-Specific Price Regulations (iii) Net accretion (accretion less re- the extent practicable, an equitable ad- & 201.4 Price rule. duction) during the preceding month of justment to allocation of any refined pehis inventory through means other than troleum product produced in or im
With respect to economic units and deliveries. ported into the United States will be
transactions subject to this part, the (iv) Total deliveries made by him in directed by FEO if the supply of any
maximum price which & seller may each State during the preceding month such product is in excess of the amount
charge and a buyer may pay is the price by substance, imported into or produced in the United
permitted pursuant to the provisions set
forth in Part 150 of Title 6 of the Code (v) His anticipated total available States during 1972, and if allocation pursupply for distribution in each State dur- suant to this chapter of such increased
of Federal Regulations, except to the ing the following month, by substance, supply contributes to a significant in
extent inconsistent with price regulations (vi) The sum of the anticipated total crease in any national or regional mar
in this chapter. allocation requirements for the following ket share of any non-branded independmonth for purchasers he will supply ent marketer, branded mdependent mar
PART 202-ADMINISTRATIVE within each State, by substance, keter or other person engaged in the
PROCEDURAL REGULATIONS (vii) His anticipated excess or short- marketing or distributing of refined pe
Subpart A-General fall 1.e., item (v) minus item (vi), and troleum products.
202.1 (vii) Hls anticipated available supply (d) Allocation adjustments to take
Purpose and scope. into consideration market entry. Such
202.2 Definitions. for each allocated substance during each
202.3 adjustments in the allocation of refined
Representation. of the following three months.
202.4 Fuing of documents. petroleum products and crude oil may be
202.5 (2) Reports required by paragraph (b) ordered by FEO as may be necessary to
Computation of time.
202.6 Service. (1) of this section must be received by take into consideration:
Extension of time.
ing shall afford the individual an op202.8 Subpoenas. 202.9 Public access to information.
The definitions set forth in Parts 200 portunity to present evidence and cross
examine witnesses. The hearing officer 202.10
and 201 of this chapter shall apply to shall render a decision either (1) disOrder of precedence.
this part. Subpart B-Rules Relating to Program Interpreta
missing the charges, or (11) reprimanding tions, Modifications and Adjustments § 202.3 Representation.
the individual or suspending or exclud202.11 Scope and purpose. 202.12 Interpretations.
(a) Unless disqualified under the pro- ing him from practice before the Office. visions of paragraph (b) or (c) of this
(3) Within 30 days after receipt of the 202.13 Request for modification or rescission of regulations.
section, persons may participate and be decision of the hearing officer reprimand202.14 Request for modification or rescission represented in proceedings hereunder asing, suspending, or excluding an indiof an order 1ssues under the pro- follows:
vidual from practice before the Office, gram (1) Attorneys at law who are admitted
an appeal may be filed with the General 202.16 Request for exceptions from the pro
to practice before the courts of any State Counsel, whose decision shall be final. gram. the District of Columbia, the Common
(d) When an individual who appears 202.16 Request for exemptions from the program.
wealth of Puerto Rico, American Samoa, in a representative capacity signs a paper 202.17 Request for interpretations, adjust the Trust Territory of the Pacific Islandsin practice before the Office, his signaments, assignment, exceptions, ex- or the District Court of the Virgin Is
ture shall constitute his certificate; emptions, and modification or lands will be permitted to practice with
(1) That under the provisions of this rescission of regulations or orders
out filing an application for such priv- part and the law, he is authorized and on the national level. lege.
qualified to represent the particular 202.18 Adjustment and assignment at the
(2) An individual who is not other
party in the matter:
(2) That, if he is the partner of a 202.19 Adjustment and assignment at local board level.
may practice in connection with a par- present or former officer or employee, in202.20 Exceptional hardship awards at the ticular matter on his own behalf or on cluding a special Government employee, state level.
behalf of: (1) A member of his family, the matter in respect of which he inSubpart C—Complaints by Parties
(ii) a partnership of which he is a mem- tends to practice is not a matter in which
ber; (iii) & corporation, business trust, such officer or employee of the Gov203.21 Scope and purpose. 202.22 Complaints by parties.
or an association, if such an individual ernment or special Government employee 202.23 Violations.
is an officer or full time employee; (iv) a participates or has participated person202.24 Verified complaint.
receivership, decedent's estate, or a trust ally and substantially as a Government Subpart D_Procedures for Processing Requests ministrator, or other similar fiduciary: approval, recommendation, the render
or estate of which he is the receiver, ad- employee through decision, approval, dis902 25 Purpose and scope.
(v) a Federal, State, county, district, ter- ing of advice, Investigation or otherwise 202.26 who may Ale and where to Ble.
ritorial, or local government or agency and that the matter is not the subject 202.27 Contents, processing and reconsideration.
thereof, or a government corporation, or of such partner's official Government
a district or advisory board established responsibility; Subpart E-Published Rulings
pursuant to statute; or (vi) an associ- (3) That, if he is a former officer or 202.28 Rulings for publication.
ation or class of individuals who have no employee, including a special GovernSubpart - Sanctions, Penalties and specific interest that will be directly af
ment employee, the matter in respect of Enforcement
fected by the disposition of the particular which he intends to practice is not a 202.29 General.
interest, (vil) individuals otherwise not matter in which he participated person202.80 Sanctions-Criminal fines.
entitled to appear who receive written ally and substantially as a Government 202.31 Sanctions Civil penalties. approval of the head of the Office or his
employee through decision, approval, dis202.32 In Junctions and other relief. authorized representative.
approval, recommendation, the render202.33 Other penalties.
(b) No individual may practice before ing of advice, investigation, or other202.34 Ratification of prior orders.
the Office if such practice would violate wise, while so employed and, 11 & period Subpart - Appeals and Review
the provisions of 18 U.S.C. 203, 205, or of one year has not passed since the 202.36 Appeals to the administrator, Fed. 207.
termination of his employment with the eral Energy Omce.
(c)(1) Disciplinary proceedings may Government, that the matter was not Subpart H-Judicial Review
be instituted against anyone who is prac- under his official responsibility as an 202.86 General.
ticing or has practiced before the Office officer or employee of the Government;
on grounds that he is practicing without and, AUTHORITY: Economic Stabilization Act of
authority under the provisions of this (4) That he has read the paper; that 1970 as amended by the Economic Stabiliza
part, or that he has violated any provi- to the best of his knowledge, information Act Amendments of 1973, Pub. L. 92-210, sions of the laws and regulations govern- tion, and belief there is good ground to 85 Stat. 743; Pub. L. 93-28, 87 Stat. 27, Emer- ing practice before the Office, or that he support its contents; that it contains no gency Petroleum Allocation Act of 1973, Pub. has been disbarred or suspended by any scandalous or indecent matter; and that L. 93–169, E.O. 11748, 38 PR 33675.
court or administrative agency. Indi- it is not interposed for delay.
viduals practicing before the Office Subpart A-General
& 202.4 should observe the Canons of Profes
Filing of documents. 8 202.1 Purpose and scope.
sional Ethics of the American Bar As- A document required to be filled with This part establishes procedures for
sociation and those of the Federal Bar the Federal Energy Office under this
Association, by which the Office will be chapter is considered filed if it has been (a) requests for interpretation of the reg- guided in disciplinary matters.
received at the designated office. Docuulations and orders issued under the
(2) Whenever in the discretion of the ments received after regular business Mandatory Petroleum Allocation Pro- General Counsel the circumstances war
hours are deemed fled the next regular gram (Program), Chapter XIII of Title rant consideration of the question business day. 32A, CFR; (b) action on requests for whether disciplinary action should be
§ 202.5 taken against an individual who is prac
Computation' of time. adjustments, assignments, exceptions
ticing or has practiced before the Office, Except as otherwise provided by law, and exemptions under the program; (c)
the General Counsel shall appoint a in computing any period of time preprocessing of complaints; (d) modifica
hearing officer to consider and dispose scribed or allowed by this part for the tion or rescission of regulations; (e) pub- of the case. The hearing officer shall give doing of any act, the day of the act, lication of rulings; (f) enforcement of the individual adequate notice of, and event, or default on which the designated criminal and civil penalties; and (g) re- an opportunity for a hearing on, the period of time begins to run shall not be view of administrative decisions.
specific charges against him. The hear- counted.
(a) If the last day of the period falls to make records available for public in- (8) Geological and geophysical inforon a Saturday, Sunday, Federal legal hol- spection in accordance with the provi- mation and data, including maps, conIday, or other nonbusiness day, the pe- sions of this section; (2) establishes pro- cerning wells. riod shall be extended to the next day cedures pursuant to the Freedom of In- (o) (1) The Administrator will desig. which is not a Saturday, Sunday, Federal formation Act, 81 Stat. 54, 5 U.S.C. 552 nate an omcial custodian who will have legal holiday, or other nonbusiness day, for public inspection of identifable rec- authority to attest or otherwise authentithe period shall be extended to the next ords in the custody and control of the cate copies of records made avallable day which is not a Saturday, Sunday, Federal Energy Once except those ex- under the provisions of this part. Federal legal holiday, or other nonbusi- cluded by applicable statutes; (3) pre- (2) The Administrator and the official ness day.
scribes time place of which such custodian may issue such statements, (b) the period prescribed or al records will be available and (4) sets the certificates, or other documents as may lowed is 7 days or less, an intervening fees to be paid for copies of such records. be required to show that after a diligent Saturday, Sunday, or Federal legal holi- (b) In construing the terms used in search, no record or entry of the tenor day shall not be counted.
this part, words and phrases shall be specified in a request has been found to
given the meaning ascribed to them in exist. (See Rule 44, Federal Rules of Civil 8 202.6 Service.
the Administrative Procedure Act, 5 Procedure.) (a) All documents required to be U.S.C. 551, et seq.
(f) (1) A person who requests & record served under this part shall be served (c) (1) The Administrator is specif- originating in another agency but curpersonally or by registered or certified cally authorized to receive, review, rently in the custody of the FEO shall mall on the person specified in the reg- identify, determine the availabilty of, submit his request to the other agency. ulations in this part.
and approve or disapprove requests for (2) Where the originating agency con(b) Whenever a person is represented records in the custody and control of sents, in writing, to make the record by a duly authorized representative, serv
the FEO in accordance with the provi avallable, it will be made available in ice on the representative shall constitute sions of this $ 202.9.
accordance with the provisions of this service on the person.
(2) The Administrator, in his discre- part. (c) Service by registered or certified
tion, is specifically authorized to divulge (8) (1) Any person may fle a request mail is complete upon malling.
or disclose to a complainant, or to an in- for records.
dividual with specific knowledge of a (2) A request for a record may be filed 8 202.7 Extension of time.
complaint, the nature and result of the by mail or in person with the AdminisWhere an action is required to be investigation of said complaint in cir- trator, or his authorized representative. taken within a prescribed time, an ex
cumstances where no violation has been Federal Energy Office, Washington, D.C. tension of time will be granted only found.
(3) A request for records must be fled, upon good cause shown and only where
(3) The Administrator, is authorized except on Federal Government holidays, the application is made before the ex
in his discretion to make any record during the normal business hours of piration of the time prescribed.
enumerated in paragraph (d) of this FEO, Monday through Friday.
section available for inspection when he (h) (1) Each request submitted in ac8 202.8 Subpoenas; witness fees.
deems disclosure to be in the public in- cordance with this $ 202.9 shall be reAny official authorized to conduct in- terest and disclosure is not otherwise viewed by the Administrator or his auvestigations, hearings, or proceedings prohibited by law.
thorized representative to determine hereunder may issue subpoenas on writ- (4) The authority of the 'Administra- whether the record requested is an identen application of a party to the pro
tor in this $ 202.9 of this Subpart A may tifiable record within the meaning of ceedings or on his own motion.
in the exercise of discretion, be delegated 5 U.S.C. 552(a) (3). (a) A subpoena may require the at- by the Administrator: Provided, Such (2) If It is determined that the record tendance of witnesses or the production
delegation is in writing and is published is not identifiable, the person Aling the of relevant papers, books, and documents in the FEDERAL REGISTER, except that the request will be so advised and will be in the possession or under
the control of authority under paragraph (k) of this given a reasonable opportunity to provide the person served or both. section may not be delegated.
additional information to facilitate iden
(d) This section does not apply to tification of the record. (b) A subpoena may be served by any
records which are: person who is not a party and is not less
(3) If It is determined that the record than 18 years of age.
(1) Specifically required by Executive is identinable but should be withheld
order to be kept secret in the interest of from Inspection in the public interest, the (c) The original subpoena bearing &
the national defense or foreign policy; person Aung the request will be so adcertificate of service shall be Aled with
(2) Related solely to the internal per vised, in writing of the decision to deny the Administrator, Federal Energy Office
sonnel rules and practices of an agency; it. The dental shall inform the applicant or his authorized representative.
(3) Specifically exempted from disclo- of: (d) A witness subpoenaed by any party sure by statute including information (1) The specific subparagraph of para'shall be paid the same fees and mileage which contains or relates to trade secrets graph (d) of this section relied on for as are paid for Uke service in the District or other matters referred to in section denying the request; and Courts of the United States. The witness 1905 of title 18 of the United States Code. W) The right to request & review of fees and mileage shall be paid by the (4) Interagency or intra-agency mem- an adverse determination as provided in party at whose instance the subpoena oranda or letters which would not be paragraph (k) of this section. was issued.
available by law to a party other than an (1) (1) An identifiable record which (e) In case of refusal to obey & sub- agency in litigation with the agency: has been determined by the Administrapoena served upon any person under the (5) Personnel and medical Ales and tor or his authorized representative to be provisions of this part, the official is- similar fles, the disclosure of which available for inspection, will be made suing the subpoena may request the
would constitute & clearly unwarranted avallable for examination at a reasonable General Counsel of the Office to seek the invasion of personal privacy;
time and place. aid of the District Court of the United (6) Investigatory Ales compiled for (2) Manual, typewritten or other States for any district in which such law enforcement purposes except to the copies may be made freely by the person person is found to compel such person, extent available by law to a party other Aling the request subject to appropriate after notice to appear and give testi- than an agency, and except as authorized supervision mony, or to appear and produce docu- in paragraph (c) (2) of this section;
(1) (1) Except as provided in paraments.
(7) Contained in or related to exam- graph (1) (2) of this section, there will 8 202.9 Public access to information.
ination, operating, or condition reports be no charge for making an identifiablo
prepared by, on behalf of, or for the use record available under paragraph (1) of (&) This $ 202.9, (1) grants authority of an agency responsible for the regula- this section. to the Administrator of the Federal tion or supervision of financial institu- (2) If the Administrator, or his auEnergy Once (hereinafter the "FEO") tions; or
thorized representative determines that 764
RULES AND REGULATIONS a record cannot be made avallable with- suant to these regulations.
state omce may assign & user of these prodout significant disruption of normal busi- (C) Sections 202.17 through 202.20 cut- ucts to a supplier along with a specified ness activities, he may secure an estimate Ine the procedures used to seek adjust
supply volume determined on the basis of of the cost of making the record avail- ments and assignments at each level of exceptional hardship. able and require the person filing the authority within the Allocation System 202.12 Interpretations. request to deposit that amount prior to instituted in Part 200 of this chapter. No
(a) Instructions to applicants — (1) commencing & search for the record: attempt has been made to exhaustirely Provided, however, That where the sc- define the exact procedures these om vers
Who may flle. Any person may file a tual cost of making the record available will use to implement this program. Tron request for an interpretation or a ruling. is significantly more or less than the spective applicants should inquire at the
(2) Where to file. request for an inamount deposited, an adjustment in the appropriate office for specific instruc
terpretation or a ruling shall be in writform of a supplemental payment or re- tions concerning their petitions. For this
ing and filled in the Office of the Regional fund, as appropriate, will be made.
Administrator for the Region in which purpose, prospective applicants are refer(3) In determining whether the search enced to the following locations for in
the applicant resides or has his principal for & record will disrupt normal business formation and fling requirements.
place of business. Telephonic inquiries activities, the Administrator, or his au- (d) The following breakdown by prod- shall be deemed neither interpretations thorized representative, may take into uct subparts, is intended to aid appli- nor rulings and shall merely provide genaccount the cumulative effect upon busi- cants in locating the appropriate offices eral information. ness activities of all other pending re- for such inquiries.
(3) Contents. The request for an inquests for records under this 202.9,
terpretation should be set forth in sim
SUBPART C-MIDDLE DISTILLATES whether made by the same person or by
ple, corcise and direct statements. other persons.
(1) Users other than wholesale purchasers
(b) Processing of requests. The Ofice (4) An available record, upon advance (those persons using less than 84.000 gallong
of the Regional Administrator issues inpayment of the fee prescribed in any reper year) may apply to their local boards for
terpretations on prospective of comappropriate relle! production fee schedule established by
(2) Wholesale purchasers (using greater pleted acts or transactions. Such interthe Administrator or his authorized rep- than 84,000 gallons per year) may apply:
pretations shall be in writing and no resentative, may be reproduced through (S) (8) To their state office for temporary person relying thereon shall be subject any avaslable means; however, the Ad- rellet from exceptional hardship. Sach relief to sanctions or penalties by the Adminministrator or his authorized representashall be taken from that state's "state
istrator, Federal Energy Office notwithtive, may walve such fees I be deter- reserve." mines the reproduction cost to be ineon
(b)(b) to their regional office for a perma
standing that such interpretation shal
thereafter be declared by judicial or Dent adjustment or assignment. sequential
other competent authority to be invalid. (k (1) Any person aggrieved by any
SUBPART D-PROPANE AND BUTANE
(c) Review. (1) Interpretations are not determination made or taken under this (1) Persons who use & sman volume of generally reviewed by the Administrator, $ 202.9 may request a review,
propane for heating use may apply to their Federal Energy Ofice as they merely (2) An appeal must be fled with the state board for reller.
inform an applicant of a position preAdministrator FEO within 30 days after (2) All other users of propane must apply the determination on action to be re
to thetr Regional office. Adjustments in thetr viously established or of prospective viewed. supply volume will be made on the basis of
action. If an applicant believes that an exceptional hardship.
interpretation is in error, he may seek (3) An appeal may be filed in any form
an appeal under Subpart G of this part. and & letter or other written statement
SUBPART E-MOTOR GASOLINE
(2) A ruling may be revoked or modisetting forth the pertinent facts will be (1) Retail outlets or bulk purchasers may filed at any time in the course of the considered sufficient for this purpose. apply:
administration of this program. (4) The Administrator may require (8) To the state office in their state for the person filling the appeal to present temporary rellet from exceptional hardship. 8202.13 Requests for modification or
Such awards shall be taken from that "state additional evidence or information in
rescission of regulations. reserve." support of his request for review.
(b) to their regional office for a permanent
(a) Instructions to applicants-(1) (5) The Administrator will promptly adjustment or assignment.
Who may file. Any person seeking a modreview each appeal and notify the appel
ification or rescission of & regulation
SUBPART P-RESIDUAL FUEL OIL lant in writing of his decision
shall file a written request.
(a) Persons who use their residual fuel of 8 202.10 Order of precedence. for heating purposes may apply to their local
(2) Where to file. Requests for modiboards In case of any conflict of inconsistency
fication or rescission of & regulation between the provisions of Chapter XIII,
(b) Those who use residual fuel oli for
shall be directed to the Administrator, Title 32A, CFR, relating to the Manda
the production of electrical power should Federal Energy Office, Washington, D.C.
reference inquiries to the National office of 20240. tory Petroleum Allocation Program and the PEO.
(3) Contents. Requests for modificathe provisions of this part, the provisions
(c) All other users of residual fuel oil must tion or rescission of a regulation shall of this shall be controlling as to proce
apply to their regional offices for relief. clearly designate the regulation sought dure.
SUBPART 6 CRUDE OIL
to be modified or rescinded and the modSubpart B-Rules Relating to Program In
ification sought, and shall include a
An omce of FEO at the national level will terpretations, Modifications and Adjust be set up to process applications for crude
clear and concise statement of the justiments oil.
fication for the modification or rescisf 202.11 Scope and purpose.
SUBPART H-AVIATION FUEL
sion with supporting documentation.
Failure to supply such information shall (a) This subpart establishes procedures
(a) Those users of aviation fuel who are to be followed by any applicant who rewithin the category of general aviation must
subject the request to summary dismisquests an interpretation of the regula- from that state's "state reserve.".. apply to their respective state offices for relief
sal without prejudice.
(b) Processing of requests. The Adtions and/or orders issued under the
(b) Those users defined as civil and public ministrator, Federal Energy Office shall Mandatory · Petroleum Allocation Pro
aviation shall apply to the national office promptly process all requests for modigram. of FEO for relief.
fication or rescission of regulations. The (b) Sections 202.12 through 202.16
SUBPART I-OTHER FUELS
Administrator may order a hearing under specify the procedural steps by which a
(1) Petrochemical processors may apply
such rules as he shall promulgate if, in person may seek an interpretation of the
to their regional offices for an adjustment or his opinion, such a hearing would be adregulations as they apply to his particuassignment.
visable. Upon a determination that the lar case, or an exception or exemption
(2) All other users, including users of lub
request should be granted or denied, the therefrom. Section 202.14 is directed toricating oils must apply to their state offices
Administrator shall so notify the appliward those persons who seek a rescission for relief. It is not intended that a state cant in writing, stating the reasons for or modification of an order issued pur- reserve be instituted for these products. The his decision.
(c) Reconsideration. A person ag- decision. A decision of the Administra- which an exemption is sought and the grieved by & denial of his request for a tor denying a petition for reconsidera- justification for such exemption with modification or rescission of the regula- tion under this 202.13 shall be the final supporting documentation. Failure to tions may petition the Administrator decision of the office.
supply such information shall subject the within four days for a reconsideration of
§ 202.15 Requests for exceptions from request to summary dismissal without that denial. Such request should clearly
prejudice. indicate in what manner the original de
(b) Processing of requests. The Adcision was in error and should provide
(a) Instructions to applicants-(1)
ministrator, Federal Energy Ofice, shall any additional evidence that would jus- who may file.
Any person seeking an ex
promptly process all requests for exemptify a reconsideration of the Administra- ception shall nle a written request.
tions from the Program. The Adminis
(2) Where to file. Requests for an extor's decision. The Administrator, after
trator may order a hearing under such consideration of the petition for reconception shall be directed to the Regional
rules as he shall promulgate if, in his sideration, may affirm, modify, or reverse
Administrator for that region. However, opinion, such a hearing would be advisthe original decision and shall notify the in any case in which an exception is able. Upon determination that the reperson in writing of his disposition of the sought for operations which encompass
quest for an exemption should be granted petition, stating the reasons for his deci- more than a single region, the request
or denied, the Administrator shall so sion. A decision of the Administrator should be directed
to the Administrator, notify the applicant in writing, stating denying a petition for reconsideration Federal Energy Office, Washington, D.C. the reasons for his decision. under this part 202 shall be the final 20240.
(c) Reconsideration. A person ag
(3) Contents. Requests for exceptions grieved by a denial of his request for an decision of the Department.
shall clearly indicate the specific regula exemption may petition the Administra$ 202.14 Requests for modification or tion or order from which an exception tor, Office of Petroleum Allocation, for
rescission of an order issues under is sought and shall include clear and reconsideration of the denial. Such rethe program. concise statement of the justification for
quest shall clearly indicate in what man(a) Instructions to applicants-(1) such an exception with supporting docu
ner the original decision was in error Who may file. Any person seeking a mod- mentation. Failure to supply such in
and should provide any additional eviification or rescission of an order shall formation shall subject the request to dence that would justify a reconsiderafile a written request. The procedure set summary dismissal without prejudice.
tion of the Administrator's decision. The forth in this section does not apply to (b) Processing of requests. The Re
Administrator, after consideration of the any person who may seek review of the gional Administrator, or the Adminis
petition for reconsideration, may affirm, order complained of under provisions of trator, Federal Energy Office, in cases
modify, or reverse the original decision any other subpart of this part. Similarly,
which involve more than one region, and shall notify the petitioner in writing this procedure does not apply to any shall promptly process all requests for of his disposition of the petition, stating compliance order issued under this regu- exceptions. Upon a determination that a
the reasons for his decision. A decision lation, review of which may be sought request should be granted or denied, the of the Administrator denying a petition pursuant to Subpart G of this part. Regional Administrator or the Adminis
for reconsideration under this section (2) Where to file. Requests for modi- trator, as the case may be, shall notify shall be the final decision of the fication or rescission of an order shall the applicant in writing, stating the Department. be directed to the Administrator, Federal reasons for his decision. Energy Office, Washington, D.C. 20240. (c) Review and reconsideration. (1) A § 202.17. Requests for interpretations, (3) Contents. Requests for modifica- person aggrieved by a decision of a
adjustments, assignment, exceptions,
exemptions, and modification or res. tion or rescission of an order shall clearly Regional Administrator denying his re
cission of regulations or orders on the designate the order sought to be modified quest for an exception may, within four
national level. or rescinded and the modification sought, days, seek a review of that decision by and shall include a clear and concise the Administrator, Office of Petroleum (a) Interpretations-(1) Instructions statement of the justification for the Allocation, under the procedures set out to applicants.-(i) who may file and modification or rescission with support- in Subpart G of this part.
where to file. Any person may file a ing documentation. Failure to supply (2) Any person aggrieved by a decision request for an interpretation or a ruling such information shall subject the re- of the Administrator denying his request involving crude oil or aviation fuel. Such quest to a summary dismissal without for an exception may petition the Ad- request shall be in writing and filed in prejudice.
ministrator, Federal Energy Office, with- the National Crude Oil Allocation Office (b) Processing of requests. The Ad in four days for a reconsideration of such or the National Aviation Fuel Allocation ministrator, Federal Energy Office, shall denial. Such request should clearly indi- Office, respectively. Telephonic inquiries promptly process all requests for modi- cate in what manner the original deci- shall be deemed neither interpretations fication or rescission of any order. The sion was in error and should provide any nor rulings and shall merely provide genAdministrator may order a hearing un- additional evidence that would justify a eral information. der such rules as he shall promulgate if, reconsideration of the Administrator's (2) Contents. The requests for an inin his opinion, such a hearing would be decision. The Administrator, after con- terpretation should be set forth in simple, advisable. Upon determination that the sideration of the petition for reconsider- concise and direct statements. request should be granted, dismissed, or ation, may affirm, modify, or reverse the (3) Processing of requests. The Didenied, the Administrator shall so notify original decision and shall notify the rector of the appropriate national office the applicant in writing, stating the rea- person in writing of his disposition of issues interpretations on prospective or sons for his decision.
the petition, stating the reasons for his completed acts or transactions. Such in(c) Reconsideration. A person ag- decision. A decision of the Administrator terpretations shall be in writing and no grieved by a denial of his request for a denying a petition for reconsideration person relying thereon shall be declared modification or rescission of an order under this $ 202.15 shall be the final deci. by judicial or other competent authority may petition the Administrator within sion of the Department.
to be valid. four days for reconsideration of that de
(4) Review. If an applicant believes § 202.16 Request for exemptions from nial. Such request shall clearly indicate
that an interpretation is in error, he may in what manner the original decision was
seek review under Subpart of this in error and should provide any addi
Instructions to applicants-(1)
part. tional evidence that would justify a re
Who may file. Any person seeking an ex-
(b) Adjustments-(1) Instructions consideration of the Administrator's dewritten request.
to applicants. Who may file and where to cision. The Administrator, after consid- (2) Where to file. Requests for an ex- file. Any refiner or other person purchaseration of the petition for reconsidera- emption shall be directed to the Admin- ing crude oil or any person purchasing tion, may affirm, modify, or reverse the istrator, Federal Energy Office, Washing- aviation fuel for a civil air carrier or for original decision and shall notify the ton, D.C. 20240.
public aviation may apply for an adjustpetitioner in writing of his disposition of (3) Contents. Requests for exemption ment, as defined herein, to the approprithe petition stating the reasons for his shall clearly indicate the basis upan ate national office.