(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 architectural 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.

[45 FR 35208, May 23, 1980]

§ 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]

§ 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

time needed to permit the installation of substitute lighting where no adequate 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.

§ 516.46 Compliance which entails substantial 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]

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.

PART 570-STANDBY GASOLINE RATIONING PLAN REGULATIONS

Sec.

Subpart A-General Provisions

Sec.

Subpart H-National Ration Reserve

570.71 National Ration Reserve.

Subpart I-State Ration Reserves

570.81 State Ration Reserves.

570.82 Establishment of State Rationing Offices and local boards.

570.83 Hardship applications and guidelines.

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.

Subpart A-General Provisions

§ 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

Emergency Energy Conservation Act of 1979 (Pub. L. 96-102).

(c) Relationship to other parts. The provisions of Part 205 of this chapter shall be applicable to this part, except as modified by the Secretary of Energy by rulemaking to reflect the specialized needs of gasoline rationing. Such provisions of Parts 210, 211 and 212 of this chapter as are in effect at the time this part is in effect shall apply to this part unless otherwise specified by DOE. In the event any provisions of this part or any regulations adopted to implement this part are inconsistent with any provisions of any other part of this chapter, the provisions of this part or the regulations adopted to implement this part shall control.

(d) Title. This part shall be entitled the Standby Gasoline Rationing Plan.

§ 570.2 General definitions.

For purposes of this part:

"Agriculture" means agricultural production as defined in 10 CFR Part 211, and related distribution of agricultural products.

"Allotment" means the value, in gallons of gasoline, of the ration rights issued to a ration recipient.

"Base period" means a period in the base year corresponding to the current calendar month or quarter, or current ration period, as appropriate.

"Base year" means the period designated by DOE as the most recent 12 calendar month period for which accurate and reliable gasoline use data are available.

"Bulk purchaser" means bulk purchaser as that term is defined in § 211.102 of 10 CFR.

"DOE" means the Department of Energy or the Secretary of Energy.

"Eligible individual" means a natural person designated by DOE as eligible to receive ration rights on the same basis as a registrant of a specified vehicle classification.

"Emergency services" means law enforcement, fire fighting, United States Postal Service, snow removal, emergency medical services, search and rescue activities, telecommunications services and utilities services.

"Energy production" means energy production as that term is defined in § 211.51 of of this chapter.

"Firm" means any association, company, corporation, estate, individual, joint-venture, partnership, or sole proprietorship, or any other entity however organized, including charitable, educational, or other eleemosynary institutions, and the Federal Government including corporations, departments, Federal agencies, and other instrumentalities, and State and local governments. The DOE may, in regulations and orders issued under this part, treat as a firm:

(a) A parent and the consolidated and unconsolidated entities (if any) which it directly or indirectly controls, (b) A parent and its consolidated entities,

(c) An unconsolidated entity or (d) Any part of a firm.

"Gasoline" means motor gasoline as defined in § 211.51 of this chapter excluding, however, aviation fuels as defined in § 211.142 of this chapter.

"Government ration check" means a ration check issued by DOE to a ration recipient.

"Governor" means the chief executive officer of a State.

"National Ration Reserve" means the ration rights reserved by DOE each ration period pursuant to Subpart H of this part.

"Person" means any individual, corporation, partnership, association or any other organized group and includes any agency of the United States Government or any other government.

"Principal supplier" means a supplier which refines gasoline in or imports gasoline into the United States.

"Public passenger transportation" means (a) facilities and services for surface public transportation whether publicly or privately owned, including water, rail, bus and van transportation, and taxicabs; and (b) bus and van transportation of pupils to and from school.

"Ration check" means a negotiable document issued pursuant to the authority of this part, other than a ration coupon or redemption check, evidencing the right to purchase specified volumes of gasoline.

80-029 0-81-11

"Ration coupon" means a coupon issued by DOE entitling the bearer to purchase a specified volume of gasoline.

"Ration period" means that period of time for which DOE calculates the projected available supply of gasoline and determines ration right allotments for ration recipients.

"Ration recipient" means a registrant, eligible individual, firm or other person allotted ration rights under the provisions of this part.

"Ration rights" means ration coupons and ration checks or any other documents authorized by this part that shall be evidence of or establish rights to purchase specified volumes of gasoline.

"Ration rights account" means an account opened pursuant to the provisions of § 570.62 of this part for the deposit and withdrawal of ration rights. "Redeemed ration rights" means ration rights accepted by a supplier in exchange for the sale of gasoline, and cancelled by that supplier pursuant to § 570.44 of this part.

"Redemption account" means an account opened by a supplier pursuant to the provisions of § 570.63 of this part for the deposit of ration rights received and redeemed in exchange for the sale of gasoline, and for the deposit of redemption checks received from other suppliers in exchange for the sale of gasoline.

"Redemption check" means a check drawn on a redemption account by a supplier who is the holder of that account.

"Registrant" means the person or persons with the most recent valid vehicle registration for a vehicle which has been determined by DOE as eligible for an allotment.

"Retail sales outlet" means a site on which a supplier maintains an ongoing business of selling gasoline to end-users into other than a gasoline storage tank at a fixed location.

"Sanitation services" means the collection and disposal for the public of solid wastes, whether by public or private entities, and the maintenance, operation and repair of liquid purification and waste facilities. Sanitation services also includes the provision of water supply services by public utili

ties, whether privately or publicly owned or operated.

"Secretary" or "Secretary of Energy" means the Secretary of Energy or his delegate.

"State" means any one of the fifty States, the District of Columbia, Puerto Rico or any territory or possession of the United States.

"State Rationing Office" means the office established or designated by each State to carry out the authorities delegated to that office by DOE pursuant to Subpart I of this part.

"State Ration Reserves" means the ration rights provided to the State Rationing Offices by DOE for distribution within the States.

"Supplemental allotment" means the allotment distributed to a firm, priority class activity or other person pursuant to Subpart D of this part.

"Supplier" means any firm or any part or subsidiary of any firm, other than the Department of Defense, that supplies, sells, transfers or otherwise furnishes (as by consignment) gasoline to wholesale purchasers or end-users. Suppliers include, but are not limited to, refiners, importers, resellers, jobbers, and retailers.

"Telecommunications

services"

means the repair, operation and maintenance of voice, data, telegraph, video and similar communication services for the public by a communications common carrier or by a firm providing the same service in direct competition with a communications common carrier, excluding sales and routine administrative activities.

"United States" means the fifty States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.

"Utilities services" means the repair, operation and maintenance of electric and gas services for the public by a public utility, excluding sales and routine administrative services.

"Wholesale purchaser" means a wholesale purchaser-reseller or wholesale purchaser-consumer, or both.

"Wholesale purchaser-consumer" means any firm that is an ultimate consumer which, as part of its normal business practices, purchases or obtains gasoline from a supplier and receives delivery of that product into a