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(b) Schedule for submission. The ap- necessary, stating the rationale for propriate State regulatory authority such determination. The certification shall submit annually to ERA, by Jan- must be submitted prior to the date on uary 1 of each year, beginning no later which the annual report is due. ERA than January 1, 1980, a report as spec- shall be the sole determinant, howevified in this section, except as provided er, as to whether or not annual reports for in paragraph (d) of this section. are required. The last annual report shall be submitted by January 1, 1984. The appro- 8 516.32 Recission. priate State regulatory authority shall

This delegation as it applies to any submit the annual report either sepa

particular State may be rescinded by rately or together with the "PURPA

ERA if, after notice and opportunity Annual Report on Gas Utilities” re

for a hearing, ERA finds that the quired to be submitted to DOE by No

State regulatory authority has failed vember 1 of each year pursuant to re

to comply with any substantial proviquirements established by section 309

sion of section 402 of the Act or this of the Public Utility Regulatory Poli

rule. Such fir ng and rescission shall cies Act of 1978, 92 Stat. 3117 (Pub. L.

be published in the FEDERAL REGISTER, 94-617).

and shall become effective no sooner (c) Contents of report. (1) The first

than 15 days after the date of publicaannual report shall contain all of the

tion. elements specified in paragraph (2) of this paragraph (c). Subsequent reports shall contain only those elements or Subpart D-Guidance on Exemptions portions of elements to which there were significant changes since the last 8 516.40 Applicability. annual report was submitted.

The appropriate State regulatory (2) The appropriate State regulatory

authority shall grant or deny a reauthority shall include in their report

quest for exemption on the basis of the following elements:

the guidance specified in this subpart (i) A list of all local distribution com

until such time as the appropriate panies and all direct industrial custom

State regulatory authority chooses to ers who use natural gas for outdoor

exercise the authority to establish exlighting covered by the report;

emption criteria, delegated by (ii) Current estimated annual natu

$ 516.30(c) of this rule. ral gas consumption for the local distribution companies and all direct in

$ 516.41 Lighting of historical signifi. dustrial customers covered by the report attributable to outdoor lighting;

(a) Scope. A Federal, State or local (iii) Copies of all State statutes,

government agency, or an appropriate rules and regulations prohibiting natu

historical association, may petition the ral gas lighting, enforcing the prohibi. appropriate State regulatory authoritions, and granting or denying exemp

ty for an exemption from the prohibitions to the prohibitions;

tions set forth in $ $ 516.20 and 516.21 (iv) A summary of exemption re

of this rule for any property on the quests granted or denied, by category basis of historical significance. In the of exemption, and including the

case of a petition for an exemption rationale for such grant or denial; and from the prohibition set forth in

(v) A description of the State's cur- $ 516.20 of this rule (General prohibirent or projected efforts to enforce tion on installation of natural gas outthe prohibitions set forth in Subpart

door lighting fixtures), an exemption B of this rule.

shall be granted only for replacement (d) Optional certification of submis- of a natural gas outdoor lighting sion of final report. An appropriate fixture(s) that was installed prior to State regulatory authority may

November 9, 1978. Such replacement submit to ERA a certification stating shall include: that, to the best knowledge of such au- (1) Replacement of an extant origithority, further annual reports are un- nal or reproduction fixture; or

cance.

an exemption from the prohibition set forth in $ 516.20 of this rule (General prohibition on installation of natural gas for outdoor lighting fixtures), an exemption shall be granted only for

eplacement of natural gas outdoor lighting fixture(s) that was installed prior to November 9, 1978. Such replacement shall include replacement of an extant fixture only.

(b) Criteria. The criteria for an exemption on the basis of memorial lighting shall be satisfied upon a finding that the specifically identified outdoor lighting fixture(s) directly contributes to preserving the memory of a deceased person or persons.

(2) Installation of an original or reproduction fixture to replace a fixture which existed during the life of the specified historic property.

(b) Criteria. The criteria for an exemption on the basis of historic significance shall be satisfied upon certification, by the petitioner, that the specifically identified natural gas outdoor lighting fixture(s) directly contributes to the quality of significance of the specifically identified historic property or district, as applicable; and upon a finding that the specifically identified historic property:

(1) Is listed on the National Register of Historic Places maintained by the Heritage Conservation and Recreation Service, Department of Interior, or is officially determined eligible for listing by the Secretary of Interior, pursuant to the National Historic Preservation Act (16 U.S.C. 470 as amended), applicable regulations (36 CFR Parts 60 and 63), and Executive Order 11593; or

(2) Is in a district whose State or local statutes are certified as providing adequate protection of historic places by the Secretary of the Department of Interior, pursuant to the Tax Reform Act of 1976 (26 U.S.C. 191, 280B) and applicable regulations.

(c) Stays. An exemption request shall result in a stay from the prohibitions set forth in Subpart B of this rule if:

(1) The petitioner has certified that the specifically identified natural gas outdoor lighting fixture(s) directly contributes to the quality of significance of the specifically identified historic property or district, as applicable; and

(2) An application is pending, before the Department of Interior, for inclusion in one of the categories specified in paragraph (b) (1) or (2) of this section.

8 516.43 Commercial lighting of a tradi

tional nature. (a) Scope. A person using natural gas for outdoor lighting which is used for commercial purposes and which is of a traditional nature and conforms with the cultural or architectural style of the area in which it is located, may petition for an exemption from the prohibitions set forth in $ $ 516.20 and 516.21 of this rule. In the case of a petition for an exemption from the general prohibition on installation of natural gas outdoor lighting fixtures ($ 516.20), an exemption shall

be granted only to replace a natural gas outdoor lighting fixture(s) which had been installed prior to November 9, 1978. Such replacement shall include:

(1) Replacement of an existing natural gas light; or

(2) Replacement of a natural gas light which does not presently exist but which existed at some previous time upon the specified property.

(b) Criteria. The criteria for an exemption on the basis of commercial lighting of a traditional nature shall be satisfied upon certification by the petitioner that the specifically identified natural gas

outdoor lighting fixture(s), which is used for commercial purposes and which is of a traditional nature and conforms with the cultural or architectural style of the area in which such light is located, presently exists or will be used to replace a natural gas lighting fixture of a traditional nature.

8516.42 Memorial lighting.

(a) Scope. A Federal, State or local government agency, or an appropriate historical association, may petition the appropriate State regulatory authority for an exemption from the prohibitions set forth in $ $ 516.20 and 516.21 of this rule on the basis of memorial lighting. In the case of a petition for

(c) Stays. An exemption request shall result in a stay from the prohibitions set forth in Subpart B of this rule if the petitioner has certified that the specifically identified natural gas outdoor lighting fixture(s) used for commercial purposes:

(1) Is of a traditional nature and conforms with the cultural or archi. tectural style of the area in which such light(s) is located, and

(2) Presently exists or will be used to replace a natural gas lighting fixture of a traditional nature.

time needed to permit the installation of substitute lighting where no ade. quate outdoor lighting (other than that using natural gas) exists, if such natural gas was being supplied on November 9, 1978.

(b) Criteria. The criteria for an exemption on the basis of time to install substitute lighting shall be satisfied upon a finding that:

(1) No adequate outdoor lighting (other than that using natural gas) is available at the time the applicable prohibition became effective; and

(2) The time required for installation of the substitute lighting will not extend beyond one year from the date the applicable prohibition became effective, unless facts and circumstances warrant a longer period.

(45 FR 35208, May 23, 1980)

8 516.44 Safety of persons and property.

(a) Scope. A local distribution company, a direct industrial customer, or an interested person, may petition the appropriate State regulatory authority for an exemption from the prohibitions set forth in $$ 516.21 and 516.22 of this rule on the basis of the necessity to protect the safety of persons and property if such natural gas was being supplied on November 9, 1978.

(b) Criteria. The criteria for an exemption on the basis of necessity to protect the safety of persons and property shall be satisfied upon a demonstration that an exemption for the natural gas fixture(s) is essential:

(1) To prevent an increase in the likelihood of bodily injury or damage to property;

(2) To prevent an increase in the likelihood of the occurrence of crime in the location served by the light; or

(3) Because other existing lighting in the location does not provide lighting adequate to insure conformance with American National Standards Institute (ANSI) Standard No. D 12.1, “The American National Standard Practice for Roadway Lighting.” (44 FR 27607, May 10, 1979, as amended at 45 FR 35209, May 23, 1980)

8 516.46 Compliance which entails sub

stantial expense and would not be cost justified. (a) Scope. A local distribution company, a direct industrial customer, an individual user or an interested person may petition for an exemption from the prohibitions set forth in $$ 516.21 and 516.22 of this rule on the basis that compliance with the prohibitions entails substantial expense and would not be cost justified, if the natural gas use at issue was being supplied on November 9, 1978.

(b) Criteria. The criteria for an exemption on the basis of substantial expense shall be satisfied upon a showing by the petitioner that compliance with the prohibitions in $ 516.21 or $ 516.22 of this rule would:

(1) Entail substantial expense; and (2) That such

expense would outweigh the benefits to be derived from compliance. [45 FR 35209, May 23, 1980)

8 516.45 Time to install substitute lighting.

(a) Scope. A local distribution company, a direct industrial customer, or an interested person, may petition the appropriate State regulatory authority for a temporary exemption from the prohibitions set forth in $ $ 516.21 and 516.22 of this rule. Such an exemption shall be on the basis of the

8 516.47 Public interest.

(a) Scope. A local distribution company, a direct industrial customer, or an interested person, may petition the appropriate State regulatory authority for an exemption from the prohibitions set forth in $ $ 516.21 and 516.22 of this rule on the basis of the public interest and consistency with the purposes of the Act, if such natural gas was being supplied on November 9, 1978.

(b) Criteria. The criteria for an exemption on the basis of the public interest and consistency with the pur

poses of the Act shall be satisfied upon a finding that converting a specific natural gas outdoor lighting fixture(s) to substitute lighting would not reduce the use of natural gas.

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Sec. 570.1 Scope. 570.2 General definitions. 570.3 Penalties and violations. 570.4 Reporting requirements. 570.5 User fees and reimbursement for

costs. 570.6 Authority to contract or delegate. 570.7 Authority to issue regulations, rules,

orders and guidelines.

Subpart B-Ration Rights: General Provisions

570.11 Distribution of ration rights. 570.12 Disposition of Government ration

checks. 570.13 Ration rights. 570.14 Mandatory transfers of ration allot

ments.
Subpart C—Computation of Reserves and

Allotments

570.81 State Ration Reserves. 570.82 Establishment of State Rationing

Offices and local boards. 570.83 Hardship applications and guide

lines. AUTHORITY: Emergency Petroleum Allocation Act of 1973, 15 U.S.C. 751 et seq., Pub. L. 93-159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L. 94-385; Federal Energy Administration Act of 1974, 15 U.S.C. 787 et seq., Pub. L. 93-275, as amended, Pub. L. 94-332, Pub. L. 94-385, Pub. L. 95-70, and Pub. L. 95-91; Energy Policy and Conservation Act, 42 U.S.C. 6201 et seq., Pub. L. 94-163, as amended, Pub. L. 94-385, Pub. L. 95-70 and Pub. L. 96-102; Dept. of Energy Organization Act, 42 U.S.C. 7101 et seq., Pub. L. 9591; EO 11790, 39 FR 23185; EO 12009, 42 FR 46267; EO 11912; Emergency Energy Conservation Act of 1979, Pub. L. 96-102; E.O. 11912 (41 FR 15825, Apr. 15, 1976), as amended by E.O. 12038 (43 FR 4957, Feb. 7, 1978).

SOURCE: 45 FR 41346, June 18, 1980, unless otherwise noted.

EFFECTIVE DATE: At 45 FR 41346, June 18, 1980, and 45 FR 43154, June 26, 1980, Part 570 was added, pending Congressional review.

570.21 Definitions. 570.22 Calculations. 570.23 Ration rights purchases and sales. 570.24 Limitation on distribution of ration

rights.

Subpart D—Supplemental Allotments

Subpart A-General Provisions

570.31 Priority class activities.
570.32 Commercial firm allotments.
570.33 Other supplemental allotments.
570.34 Application procedures.

Subpart E–Purchase of Gasoline 570.41 Purchases of gasoline at retail sales

outlets. 570.42 Other purchases of gasoline. 570.43 Other gasoline purchase provisions. 570.44 Supplier disposition of ration rights

and ration checks. 570.45 Principal suppliers' obligations to

DOE. 570.46 Redemption advances. 570.47 Inventory changes.

Subpart F-Allocation of Gasoline 570.51 Relationship to Parts 210 and 211.

8 570.1 Scope.

(a) This part applies, in all or such parts of the United States as shall be specified by DOE, to the distribution of gasoline refined in or imported into the United States. DOE may exempt any region of the United States from the application of this part if it finds that such exemption would provide for more equitable and efficient distribution of gasoline.

(b) Effective date. These regulations shall become effective severally or in toto on a date or dates to be specified and published by DOE, subject to the provisions of sec. 201(d) of the Energy Policy and Conservation Act (Pub. L. 94-163, EPCA), as amended by the

Subpart G-Ration Banking 570.61 Coupon issuance points and partici

pating banks. 570.62 Ration rights accounts. 570.63 Redemption accounts. 570.64 Restrictions on endorsements.

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