or more persons who shall be appointed from time to time by the Secretary of the Interior and who shall serve at his pleasure. Whenever any Board consists of more than one person, such Board may designate one or more of its members to act for the Board. Each Board is charged with the duty of hearing and investigating all applications for tenders prescribed by this part and of determining as a matter of fact whether the petroleum and petroleum products for which a tender is requested do or do not constitute contraband oil. In the case of applications for tenders covering petroleum or petroleum products not produced, refined, processed, or manufactured on the date application is made, each Board is charged with the duty of determining whether or not facts have been presented showing that the petroleum or petroleum products to be transported will or will not constitute contraband oil as above defined if the terms of the application are fulfilled. Each Board is further charged with the duty of approving such applications for tenders if it finds that the petroleum or petroleum products are not or will not constitute contraband oil. No tender shall be approved until application for approval has been presented on a form approved by the Secretary of the Interior, nor unless the reports hereinafter required have been made and are in order, nor until complete information has been furnished by the applicant enabling the Board to calculate and ascertain the true facts concerning the petroleum or petroleum products covered by the application. Denial of any such tender shall be by order of the Board, and only after reasonable opportunity for hearing. (b) Inspection books and records; examination properties and facilities. Production of books and records of the applicant relative to an application for a tender may be required by any Board for inspection before approval thereof, and any Board may require the submission of specific information relative to an application in the form of sworn statements or otherwise, and may itself or through its agents examine any properties and facilities which it deems may afford information necessary to pass upon an application. (c) Board regulations; administering oaths; notice. Each Board is authorized to make regulations governing its procedure. The members of each Board shall have power to administer oaths or affirmations. No tender shall be approved except after hearing held not less than 12 hours subsequent to the filing of the application therefor and after notice has been given by posting a brief description of the application on a bulletin board at or near the place of hearing. Each Board is authorized, in cases of emergency, to waive any of the formal requirements of this part, provided that the substance thereof is maintained, and provided that public notice of such waiver be given and be recorded at the next succeeding hearing held by the Board.** [Reg. IV] 402.6 Application when destination unknown. An application for approval of a tender may be made to a Board where the ultimate destination of the movement of petroleum or petroleum products is unknown at the time of application, and application for approval of a tender may further be made, at the option of the applicant, even though the immediate movement of the petroleum or petroleum prod Page 6 **For statutory and source citations, see note to § 402.1. ucts is intrastate, if the applicant contemplates that in the future such petroleum or petroleum products, or products derived from such petroleum or petroleum products will be moved in interstate or foreign commerce.* [Reg. V] 402.7 Commingling. Where application is made for approval of a tender covering petroleum commingled with petroleum which is not shown to have been produced, transported or withdrawn from storage within the amounts permitted by State law, or regulations or orders prescribed thereunder, such tender shall not be approved, nor shall a tender covering any product of such commingled petroleum be approved; and where application is made for approval of a tender covering any petroleum product commingled with a petroleum product derived from petroleum which is not shown to have been produced, transported or withdrawn from storage within the amounts permitted by State law, or regulations or orders prescribed thereunder, or commingled with petroleum which is not shown to have been so produced, transported or withdrawn from storage, such tender shall not be approved.*+ [Reg. VI] 402.8 Quantity transported; returns showing quantity required. Any person transporting petroleum or any petroleum product covered by a tender shall endorse on the back of such tender a sworn return showing the quantity of petroleum or petroleum products actually transported, using the form on the reverse side of the copies designated "Tender Original" and "Tender Return" for this purpose and shall deliver in person or by mail the copy designated "Tender Return" to the Board issuing the tender. Said delivery in the case of pipe lines shall be made within 10 days, and in the case of other transporting agencies, within 2 days after the date of the last shipment made under said tender, or within the same periods of time after the expiration of the tender, whichever event first occurs. Said return shall be signed and sworn to by a duly authorized agent of the pipe line or other transporting agency.*+ [Reg. VII] on the 11119 402.9 Stamp on shipping papers; consignee notification. The first transporting agency, other than a pipe line, transporting petroleum or petroleum products from any designated area in interstate commerce shall stamp on the shipping papers the following: "This shipment is covered by Tender No. issued by day of 19" (the number, the title of the Board and the date shall be filled in to identify the tender). Pipe lines shall, in lieu of such stamp on the shipping papers, notify the consignee in writing within 3 days after the date of delivery to such consignee of the date, the title of the Board, the number of the tender and the amount and kind of petroleum or petroleum products delivered thereunder. No person transporting petroleum or any petroleum product shall receive any more of the commodity than is covered by the tender, and no such person shall receive any different commodity than is described therein.** [Reg. VIII] 402.10 Non-tendered intrastate shipments; notations; notifications. Every transporting agency, other than a pipe line, transport **For statutory and source citations, see note to § 402.1. Page 7 ing petroleum or any petroleum product from any designated area to a destination within the same State, which petroleum or petroleum product is not covered by a tender, shall stamp on the shipping papers a notation that the petroleum or petroleum product was transported from the designated area and that said petroleum or petroleum product and any petroleum or petroleum product commingled therewith may not be shipped, reshipped or transported in or diverted into interstate commerce unless an approved tender shall first be obtained. Such notation shall appear on the shipping papers covering every subsequent shipment of such petroleum or petroleum product within the State. Every pipe line transporting petroleum or any petroleum product from any designated area to a destination within the same State, which petroleum or petroleum product is not covered by a tender, shall notify in writing the consignee at or before the time of delivery to him that said petroleum or petroleum product was transported from the designated area, and that said petroleum or petroleum product and any petroleum or petroleum product commingled therewith may not be shipped, reshipped or transported in or diverted into interstate commerce unless an approved tender shall first be obtained.** [Reg. IX] 402.11 Examination books, records, facilities. All persons producing, refining, processing, manufacturing, transporting, withdrawing from storage or otherwise handling petroleum or any petroleum product in any designated area shall permit any person or persons authorized by me or by any Board to enter upon their properties, plants and facilities, and to examine all the books and records kept or required to be kept in accordance with this part, and all other books, papers, records, vouchers, run-tickets, bills of lading, way bills, charges, memoranda or other documents which are used by them in connection with producing, refining, processing, manufacturing, transporting, withdrawing from storage or otherwise handling petroleum or any petroleum product, and to inspect such plants, facilities and properties, and to gauge tanks, and to examine wells, pipe lines, gathering systems, flow lines, pipe connections, storage tanks, loading racks, separators, pumps, meters or other measuring devices, and any other equipment or instruments.*+ [Reg. X] 402.12 Measurements; records. Every producer and refiner in any designated area shall accurately gauge and measure all petroleum and petroleum products before any part thereof leaves his possession or control. No means or device which prevents or hinders such accurate measurement shall be used. Complete and accurate records of all such measurements shall be kept up to date and preserved, and shall be open to the inspection of any person authorized by me or by any Board.*+ [Reg. XI] 402.13 Records. From the effective date of the regulations in this part the following records shall be made and preserved accurately and completely showing the following facts with respect to production, refining, processing, manufacturing, transporting, withdrawing from storage or otherwise handling petroleum or petroleum products in any designated area: Page 8 **For statutory and source citations, see note to § 402.1. (a) By producers-(1) Location; wells; allowable production. The location of the producing properties, the number and location of wells thereon, and the allowable production for each property and well as prescribed by the proper State agency. (2) Owners. The names and addresses of all persons having any interest in or title to the petroleum at the time of its production, including those owning royalty or overriding royalty interests. (3) Inventories. An opening and closing inventory of the crude petroleum on hand each 24 hour day. (4) Production. The daily production in barrels of petroleum produced from each lease and well (estimated as to wells which are produced into common tankage and of which no separate gauge is made) with a notation of the allowance made for basic sediment and water, and the tanks, identified by number and location into which the petroleum is run. (5) Consumption. The amount of petroleum consumed upon each property daily. (6) Deliveries. A daily record of all deliveries of petroleum or petroleum products, showing the names and places of business of all persons to whom such petroleum or petroleum products are delivered, whether purchasers, consignees or transporting agencies, the quantity involved in each delivery, transportation or other disposition, the identity of the means of transportation by which the petroleum or products are removed, and the identifying numbers of State and Federal tenders. (7) Tickets. Gauge tickets, and run tickets, as made by the employees actually performing or observing the operations to which such records relate. (8) True copies. True and complete copies of all reports, communications and diagrams filed or required to be filed under this part. (9) Tax records. Such other records as may now be required under the rules and regulations of other governmental agencies, State or Federal, which supervise, regulate or tax the production of petroleum. (b) By every purchaser, refiner, storer, shipper or consignor of petroleum or petroleum products, by every casing-head gasoline plant, and by every person dealing in petroleum or petroleum products as a factor, broker, buyer or seller-(1) Inventories. An opening and closing inventory of petroleum and petroleum products on hand each 24 hour day. (2) Receipts. The daily receipts of petroleum and the petroleum products showing the amount received, the place and date of each receipt, the tanks identified by location and number into which received, the names and addresses of all producers or other persons from whom the crude petroleum and the petroleum products were received, a description identifying the transporting agency by which received, and the identifying numbers of State and Federal tenders under which received. Page 9 (3) Consumption. The amount of petroleum and petroleum products used or otherwise disposed of daily showing the amount run to stills and to cracking units and the amount and type of petroleum products refined, processed or manufactured. (4) Deliveries; consignees; transporter; identification numbers. A daily record of all deliveries of petroleum and petroleum products including the names and addresses of purchasers and a description identifying the transporting agency delivering the same, and the identifying numbers of State and Federal tenders under which delivered. (5) Employee records. Crude, pumping, still, transfer, and yield reports as made by the employees actually performing or observing the operations to which such records relate. (6) True copies. True and complete copies of all reports, communications, and diagrams filed or required to be filed under this part. (7) Tax records. Such other records as may now be required under the rules and regulations of other governmental agencies, State or Federal, which supervise, regulate or tax the purchasing, refining, storing, shipping or consigning or otherwise dealing in as a factor, broker, buyer or seller of petroleum and petroleum products. (c) By every person operating a reclamation plant-(1) Inventories. An opening and closing inventory of all petroleum and petroleum products on hand each 24 hour day. (2) Receipts. The number of barrels of each kind of petroleum and petroleum products which came into the possession of such plant daily, the name and address of each person from whom possession was acquired, the location from which the petroleum and petroleum products were acquired, the quantities acquired from each prior possessor and from each location, a description identifying the transporting agency by which such petroleum and petroleum products were acquired, and the numbers identifying the State and Federal tenders under which acquired. In case any petroleum or petroleum product is picked up or reclaimed by such plant from any creek, river, stream or the bed thereof, such record shall also contain information as to the apparent source of the petroleum or petroleum product before it went into such creek, river, stream or the bed thereof. (3) Reclamation; destination; identification. The number of barrels reclaimed by such plant daily and the disposition thereof showing the names and addresses of purchasers, a description identifying the transporting agency used in making delivery, and the identifying numbers of State and Federal tenders. (4) Original records. The original records made by the employees actually performing or observing the operations to which such records relate as required by subparagraphs (1), (2), and (3). (5) True copies. True and complete copies of all reports, communications and diagrams filed or required to be filed under this part. (6) Tax records. Such other records as may now be required under the rules and regulations of all other governmental agencies, Page 10 |