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storage tank substantially under the control of that firm at a fixed location and which either: (a) Purchased or obtained more than 20,000 gallons of gasoline for its own use in agricultural production in the base year, or (b) purchased or obtained more than 84,000 gallons of gasoline in the base year. Firms engaged in short-term vehicle rental, and similar firms as determined by DOE, shall be deemed to be wholesale purchaser-consumers for purposes of this part.

“Wholesale purchaser-reseller" means any firm which purchases, receives through transfer, or otherwise obtains (as by consignment) gasoline and resells or otherwise transfers it to other purchasers without substantially changing its form.

or bring into the United States or keep in possession or conceal any falsely made, forged, counterfeited, or altered ration check, ration coupon or other ration right or redemption check.

(e) No person shall' buy, sell, exchange, transfer, receive, or deliver any false, forged, counterfeit, or altered ration check, ration coupon or other ration right or redemption check, with the intent that the same be passed, published, or used as true and genuine.

(f) A ration right or any other evidence of right prepared by or behalf of the United States for use in connection with a rationing contingency plan shall be considered to be an obligation or other security of the United States for purposes of Title 18, United States Code.

on

8 570.4 Reporting requirements.

DOE shall require the filing of such information or reports as it deems necessary to administer the Standby Gasoline Rationing Plan.

or

8 570.3 Penalties and violations.

(a) Any person who violates any provision of these regulations or any order or rule issued pursuant thereto shall be subject to the penalties as set forth in section 5 of the Emergency Petroleum Allocation Act of 1973 (Pub. L. 93–159), in sections 524 and 525 of the Energy Policy and Conservation Act (Pub. L. 94-163), and in Subpart P of Part 205 of this chapter.

(b) Any firm having custody, care or control of ration coupons, Government ration checks or other ration rights shall at all times, in receiving, storing, transmitting, otherwise handling ration rights, take all reasonable precautions necessary to avoid acceptance, transfer, negotiation, or use of spurious, altered, or counterfeit ration coupons, Government ration checks or other ration rights, and to avoid any unauthorized transfer, negotiation, or use of ration coupons, Government ration checks or other ration rights. Such firms shall also safeguard ration coupons, Government ration checks or other ration rights from theft, embezzlement, loss, damage, or unauthorized destruction.

(C) No person shall, with intent to defraud, falsely make, forge, counterfeit, or alter any ration check, ration coupon or other ration right or redemption check.

(d) No person shall, with intent to defraud, pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell,

8 570.5 User fees and reimbursement for

costs. (a) DOE may impose a uniform fee on each gallon of gasoline sold during the period for which these regulations are in effect solely to defray the expenses of administering and operating the Standby Gasoline Rationing Plan.

(b) DOE shall establish procedures to provide for reimbursement of some or all administrative and related costs incurred by coupon issuance points, State and local governments and such other firms and governmental units as shall be called upon to implement the Standby Gasoline Rationing Plan.

8 570.6 Authority to contract or delegate.

DOE may delegate to any other governmental agency

at the Federal, State or local level all or any part of its functions under this part and may contract for goods or services necessary to implement this part.

$ 570.7 Authority to issue regulations,

rules, orders, and guidelines. DOE may issue such additional regulations, rules, orders, and guidelines, and may make such adjustments, as are necessary to administer and implement the provisions of these regulations. Such regulations, rules, orders, guidelines and adjustments shall be issued in accordance with applicable procedural requirements and, to the extent possible, only after an adequate opportunity for public comment.

the number of gallons indicated on the face of the coupon, or such other amount as shall be determined and announced by DOE.

(b) Validity of ration coupons. Unless declared invalid by DOE or redeemed pursuant to $ 570.44, ration coupons of a given series designation shall be valid from a date specified in an Order published by DOE through the end of the Standby Gasoline Rationing Plan.

(c) Validity of ration rights. DOE may establish limitations on the period of time for which any ration right issued under the authority of this part shall remain valid.

Subpart B-Ration Rights: General

Provisions

$ 570.11 Distribution of ration rights.

(a) Ration rights will be issued in the form of Government ration checks distributed to ration recipients. DOE in its discretion also may deposit ration rights directly into ration rights accounts, or may otherwise provide for the distribution of allotments determined in accordance with the provisions of Subpart C.

(b) DOE may establish procedures whereby all or a portion of the ration rights allotted to a State Ration Reserve may be distributed by DOE in accordance with instructions provided by the State Rationing Office in that State, by DOE without such instructions if it determines that a State is not administering its State Ration Reserve in accordance with a State plan approved under $ 570.82 of this part.

8 570.14 Mandatory transfers of ration al

lotments. DOE may, in order to prevent windfalls to the lessor of a registered vehicle receiving ration allotments, require such lessor to transfer such ration allotments to the lessee of such vehicle, according to terms and conditions established by DOE.

or

Subpart C—Computation of Reserves

and Allotments

$ 570.21 Definitions.

The following symbols have the following meanings:

8 570.12 Disposition of Government ration

checks. Government ration checks may be disposed of as follows: (a) Government ration checks may be exchanged for ration coupons at coupon issuance points pursuant to Subpart G of this part.

(b) Government ration checks may be desposited in a ration rights account and may be subsequently withdrawn as ration rights pursuant to § 570.62 of this part.

(c) Government ration checks may be surrendered to a supplier when purchasing gasoline.

(d) Government ration checks may be transferred or sold to any individual or firm.

Symbol

Meaning

NGBPU. The total of gasoline consumption in the United

States during the base period. NBPUA The total of gasoline consumption in the United

States during the base period for agriculture. NNBPU The total of gasoline consumption in the United

States during the base period excluding gas

oline used for agriculture. NTR.

The total number of ration rights to be distribut

ed within the United States during a ration

period. NNR The number of ration rights available for distri

bution within the States. NRR The number of ration rights to be reserved for

use in the National Ration Reserve for the

ration period. AG

The total number of ration rights allotted for

agriculture priority activities. SGBPU The total of gasoline consumption in a State

during the base period. SBPUA......... The total of gasoline consumption in a State

during the base period for agriculture. SNBPU....... The total of gasoline consumption in a State

during the base period excluding gasoline

used for agriculture. STR

The total number of ration rights available to

each State for the ration period.

8 570.13 Ration rights.

(a) Value of ration coupons. A ration coupon entitles the bearer to purchase

[blocks in formation]

SNR

SRR..

SA

use of gasoline (SNBPU) for any State is computed by subtracting from the State gross base period use (SGBPU) the State base period use of gasoline for agriculture (SBPUA).

SNBPU=SGBPU -SBPUA (d) State Total Rights (STR). The total number of ration rights available to each State (STR) is determined by multiplying the national net rights (NNR) by the ratio of State net base period gasoline use (SNBPU) to national net base period gasoline use (NNBPU).

SBR.

VC

AI.

The net number of ration rights available to a

State for distribution as basic and supple

mental allotments. The number of ration rights distributed to the

States for the State Ration Reserves for the

ration period. The projected number of supplemental allot

ments in a State to priority class activities and other persons or firms for the ration

period. The number of ration rights in a State available

for distribution as basic allotments. Vehicle classification(s) to be established by

DOE for all vehicles designated by DOE as

eligible to receive allotments. The allotment index, which expresses the value

of the allotment for any vehicle in a given vehicle classification in relation to the allotment for private automobiles (the allotment

index for private automobiles will be 1.0). The classification vehicle point, which is the

sum of all vehicles in a given vehicle classficiation, multiplied by the allotment index for

that vehicle classification. The total vehicle points, which is the sum of

the classification vehicle points (CVP's) for all

vehicle classifications. The State basic allotment for each private

automobile or other vehicle with an allotment

index (AI) of 1.0. The distributed basic allotment, which is the

number of ration rights in gallons allotted for a given type of vehicle.

SNBPU

STR=NNR X

CVP

NNBPU

TVP

SBA.

DBA.

$ 570.22 Calculations.

For each ration period, DOE shall project the available supply of gasoline and, based on this projection, shall determine the national total number of ration rights (NTR) to be distributed. The computation of allotments shall be made as follows:

(a) National Net Base Period Use (NNBPU). The national net base period use of gasoline (NNBPU) is computed by subtracting from the national gross base period use (NGBPU) the national base period use of gasoline for agriculture (NBPUA).

NNBPU=NGBPU - NBPUA (b) National Net Number of Rights (NNR). The national net number of rights (NNR) is computed by subtracting from the national total number of rights (NTR) the National Ration Reserve (NRR) and the total allotments for agriculture (AG) determined pursuant to Subpart D.

NNR=NTR-NRR-AG (c) State Net Base Period Use (SNBPU). The State net base period

(e) State Net Rights (SNR). The net number of rights in a State, available for distribution as basic and supplemental allotments, is computed by subtracting from the State total rights (STR) the number of rights in the State Ration Reserve (SRR).

SNR=STR-SRR (f) State Basic Rights (SBR). The number of rights in a State available for distribution as basic allotments (SBR) is computed by deducting from the State net rights (SNR) the projected number of supplemental allotments (SA) to be distributed as provided in Subpart D.

SBR=SNR-SA (g) State Basic Allotment (SBA). The State basic allotment is computed as follows:

(1) The sum of all vehicles registered in the State in a given vehicle classification (VC) is multiplied by the allotment index (AI) for that classification to yield a classification vehicle point (CVP).

CVP=VCX AI (2) The sum of the CVP's for all vehicle classifications equals the total vehicle points (TVP).

TVP=CVP,+CVP2+CVP, where n=the number of classifications.

(3) The State basic allotment (SBA) equals the State basic rights (SBR) di

on

vided by the total vehicle points (TVP) within the State

SBA=SBR/TVP (h) Distributed Basic Allotment (DBA). For each State, the value of ration rights in gallons distributed to the registrant of a given vehicle for a ration period equals the State basic allotment (SBA) multiplied by the allotment index (AI) for that vehicle, such product to be rounded by DOE if necessary.

DBA=SBAX AI (i) Length of the ration period. The length of each ration period shall be three months or such other period as DOE may prescribe.

8 570.24 Limitation distribution of

ration rights. (a) DOE may establish a limit on the number of ration rights issued to any person or household. This limitation shall not preclude the distribution to a person or to members of a household of additional ration rights granted from the State Ration Reserve.

(b) Ration rights that would be distributed to a person or to members of a household but for a limitation imposed in paragraph (a) shall be distributed to the State Ration Reserve of the State from which such distribution would be made.

(c) For purposes of this section, household means persons related by blood or marriage who live together in a single residence.

Subpart D-Supplemental Allotments

8 570.23 Ration rights purchases and

sales. (a) DOE is authorized to issue and distribute by auction, sale or such other means as determined by DOE, additional ration rights where necessary:

(1) To establish a market for ration rights;

(2) To equilibrate the number of ration rights issued with the estimated actual supply of gasoline, or

(3) For such other purposes as DOE may determine to be appropriate to assure that adequate ration rights are available to carry out the purposes of the Standby Gasoline Rationing Plan, provided that DOE shall not issue or di ribute more ration rights in total than the estimated actual supply of gasoline.

(b) To the extent that funds are appropriated, DOE is authorized to purchase ration rights where necessary:

(1) To equilibrate the number of ration rights issued with the actual supply of gasoline; or

(2) To carry out the purposes of paragraph (a).

(c) DOE may take such other actions as may be necessary to equilibrate the number of ration rights issued with the estimated actual supply of gasoline, including making adjustments to the national total number of ration rights (NTR) in the next ration period pursuant to § 570.22.

8 570.31 Priority class activities.

(a) A firm with respect to its activities in any of the following classifications may apply to DOE for a supplemental allotment equal to the difference between the firm's per vehicle allotments determined pursuant to Subpart C and a percentage of such firm's consumption of gasoline attributable to its priority activities during the base period, such percentage to be determined by DOE for each firm or classification of priority activity:

(1) Emergency services; (2) Sanitation services; (3) Public passenger transportation; (4) Energy production;

(5) The Department of Defense, with respect to its activities directly related to the maintenance of national security;

(6) For hire mail and small parcel transportation and delivery;

(7) Agriculture;
(8) Short-term vehicle rental; and
(9) Newspaper distribution.

(b) DOE may designate other activi. ties as priority class activities, and firms engaged in such activities shall be eligible to apply for a supplementa! allotment pursuant to paragraphs (a) and (c) of this section.

(c) Any firm applying for a supplemental allotment as a priority class acSubpart E-Purchase of Gasoline

8 570.41 Purchases of gasoline at retail

sales outlets. Except as otherwise provided in regulations adopted pursuant to $ 570.42, no supplier may sell or otherwise transfer gasoline at a retail sales outlet without obtaining from the purchaser at the time of sale or transfer ration rights equal on a gallon basis to the amount of gasoline transferred.

tivity shall submit an application to DOE according to forms and procedures to be established by DOE. In addition to reporting its total gasoline consumption for the base period, a firm applying for a supplemental allotment for a priority class activity shall report that portion of its total base period gasoline consumption attributable to a priority class activity, and the number and types of vehicles engaged in a priority class activity, and such other information as DOE may require.

(d) Notwithstanding any other provision of this part, the supplemental allotments for agriculture priority activities issued pursuant to paragraph (a) of this section shall, for purposes of ration rights calculations in § 570.22, be included as ration rights allotted for agriculture (AG) in computing allotments of ration rights in § 570.22(b), and shall not be included as supplemental allotments (SA) in the computations in § 570.22(f).

8 570.32 Commercial firm allotments.

A firm engaged in commerce or business, as determined by DOE, will receive supplemental allotments equal to the difference between the firm's per vehicle allotments determined pursuant to Subpart C and a percentage of such firm's consumption of gasoline during the base period, such percentage to be determined by DOE.

§ 570.42 Other purchases of gasoline.

(a) No supplier (including a wholesale purchaser-reseller) may receive gasoline from a supplier without providing to the supplier a redemption check or redeemed ration rights equal on a gallon basis to the amount of gasoline transferred. No wholesale purchaser-consumer or bulk purchaser may receive gasoline from a supplier without providing to the supplier ration rights equal on a gallon basis to the amount of gasoline transferred.

(b) DOE shall establish by regulation the terms and conditions by which suppliers, bulk purchasers, wholesale purchaser-consumers and such other classes of end-users as designated by DOE, shall transfer to their suppliers (including retailers) ration rights redeemed ration rights, as appropriate, taking into account:

(1) Limitation of fraud and abuse;

(2) Consistency with standard business practices governing payments for gasoline; and

(3) Administrative ease.

or

8 570.33 Other supplemental allotments.

DOE may designate other classes of persons, including eligible individuals, to receive supplemental allotments in accordance with criteria to be established by DOE.

8 570.34 Application procedures.

A firm or other person applying for a supplemental allotment shall submit an application to DOE according to forms and procedures to be established by DOE. Such application shall be accompanied by the payment of a fee in an amount to be determined by DOE to be necessary to cover the costs of processing the application.

8 570.43 Other gasoline purchase provi

sions. (a) No purchaser may tender, and no supplier may accept ration coupons of a given series designation in exchange for gasoline prior to the date for which such series designation has been declared valid by DOE pursuant to § 570.13(b) of this part.

(b) Subject to the provisions of $ 570.64 of Subpart G of this part, and subject to such regulations as DOE may develop, unredeemed ration rights may be freely transferred for or without consideration.

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