purchasers) must certify to his own supplier, with respect to each allocated substance to be supplied by his own supplier, his requirement for each use classification as required in Subpart C through I of this part, for each month of the coming year. This certification must be made by the 10th of each month.

(2) Every supplier who sells an allocated substance for resale (in the case of gasoline excluding those who sell to retail outlets or bulk purchasers) must certify to his own supplier, with respect to each allocated substance to be supplied by his own supplier, his requirement for each use classification as required in Subparts C through I of this part, for each month of the coming year. This certification must be made within 5 days of receiving reports from his wholesale purchasers.

(3) It is the responsibility of each supplier at every level to obtain the necessary information from his purchasers in time to prepare and forward a timely certificate and to permit his supplier to do the same. Reports are to be made in gallons.

(4) A copy of every certificate required by paragraphs (a) (1) and (2) of this section shall be kept on record by both the supplier preparing and the supplier receiving such certificate. These certificates must be made available for inspection by Federal Energy Office representatives upon a proper request.

(b) Downward reporting. (1) Every refiner (for each refinery) and importer who is supplied or is a supplier of any allocated substance (crude oil, residual fuel oil, or any refined product) will report monthly to the Federal Energy Office hearquarters with a copy to the appropriate regional office and the appropriate State office the following information for each allocated substance (reports are to be made by calendar month in gallons):

(i) His inventory at the beginning and end of the preceding month by substance. (ii) Deliveries received by him during the preceding month by substance: these deliveries should be segmented into new and old crude from domestic sources and by country of origin for imports. In addition, average price/per barrel should be specified for each category,

(ii) Net accretion (accretion less reduction) during the preceding month of his inventory through means other than deliveries.

(iv) Total deliveries made by him in each State during the preceding month by substance,

(v) His anticipated total available supply for distribution in each State during the following month, by substance,

(vi) The sum of the anticipated total allocation requirements for the following month for purchasers he will supply within each State, by substance,

(vii) His anticipated excess or shortfall i.e., item (v) minus item (vi), and (viii) His anticipated available supply for each allocated substance during each of the following three months.

(2) Reports required by paragraph (b) (1) of this section must be received by

RULES AND REGULATIONS

the Federal Energy offices and State offices not later than ten days prior to the end of the month.

(3) Compliance. Failure to make any certification, report, or copy submission required by this Subpart is a violation of this regulation and subjects the person charged with making the certification, report, or copy submission to penalties described in § 202.21 or § 202.22 of Subpart F of this chapter. Knowingly making false, incomplete, or erroneous statements in any certification report or copy submission required by this subpart is also a violation of this regulation and subjects the preparer and anyone else supplying false, incomplete, or erroneous information to the preparer, directly or indirectly, to the same penalties. Subpart M-Allocations, Market Share and Market Entry Market share and market entry considerations.

$ 200.81

(a) General. To the extent practicable and consistent with the purposes of The Acts, allocations of crude oil, residual fuel oil or any refined petroleum product subject to the provisions of this chapter will be accomplished giving due consideration to: (1) National or regional market share of any branded independent marketer, non-branded independent marketer, small refiner and independent refiner; and

(2) Market entry of any branded independent marketer, non-branded independent marketer, small refiner and independent refiner.

(b) Allocation of decreased supply. To the extent practicable and to accomplish the purposes of The Acts allocation of any refined petroleum to any branded independent marketer, non-branded independent marketer, small refiner and be in an independent refiner shall amount not less than any amount supplied to such person during the corresponding period of 1972 adjusted to provide a pro rata reduction in the amount or any such product if the aggregate amount of such product produced in and imported into the United States is less than the amounts produced in or imported into the United States in 1972.

(c) Allocation of increased supply. To the extent practicable, an equitable adjustment to allocation of any refined petroleum product produced in or imported into the United States will be directed by FEO if the supply of any such product is in excess of the amount imported into or produced in the United States during 1972, and if allocation pursuant to this chapter of such increased supply contributes to a significant increase in any national or regional market share of any non-branded independent marketer, branded independent marketer or other person engaged in the marketing or distributing of refined petroleum products.

(d) Allocation adjustments to take into consideration market entry. Such adjustments in the allocation of refined petroleum products and crude oil may be ordered by FEO as may be necessary to take into consideration:

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(1) Market entry by branded independent marketers and non-branded independent marketers and expansion or reduction of marketing or distribution facilities of such marketers in the case of any refined petroleum product; and

(2) Market entry by independent refiners and small refiners and expansion or reduction of refinery facilities of such refiners in the case of crude oil. Any such adjustment as may be ordered under this paragraph (d) will be made only upon a finding that to the maximum extent practicable the objectives of The Act are attained thereby.

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Bec. 202.8

202.9

202.10

Subpoenas.

Public access to information.
Order of precedence.

Subpart B-Rules Relating to Program Interpretations, Modifications and Adjustments

202.11 Scope and purpose. 202.12 Interpretations. 202.13 Request for modification or rescission of regulations.

202.14 Request for modification or rescission of an order issues under the program. 202.15 Request for exceptions from the program.

202.16 Request for exemptions from the program.

202.17 Request for interpretations, adjustments, assignment, exceptions, exemptions, and modification or rescission of regulations or orders on the national level. 202.18 Adjustment and assignment at the regional level.

202.19 Adjustment and assignment at local board level.

202.20 Exceptional hardship awards at the state level.

Subpart C-Complaints by Parties

202.21 Bcope and purpose.

202.22 Complaints by parties.

AUTHORITY: Economic Stabilization Act of 1970 as amended by the Economic Stabilization Act Amendments of 1973, Pub. L. 92-210, 85 Stat. 743; Pub. L. 93-28, 87 Stat. 27, Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159, E.O. 11748, 38 FR 33575. Subpart A-General

§ 202.1 Purpose and scope.

This part establishes procedures for (a) requests for interpretation of the regulations and orders issued under the Mandatory Petroleum Allocation Program (Program), Chapter XIII of Title 32A, CFR; (b) action on requests for adjustments, assignments, exceptions and exemptions under the program; (c) processing of complaints; (d) modification or rescission of regulations; (e) publication of rulings; (f) enforcement of criminal and civil penalties; and (g) review of administrative decisions.

(a) Unless disqualified under the provisions of paragraph (b) or (c) of this section, persons may participate and be represented in proceedings hereunder as follows:

(1) Attorneys at law who are admitted to practice before the courts of any State, the District of Columbia, the Common

wealth of Puerto Rico, American Samoa, the Trust Territory of the Pacific Islands, or the District Court of the Virgin Islands will be permitted to practice without filing an application for such privilege.

(2) An individual who is not otherwise entitled to practice before the Office may practice in connection with a particular matter on his own behalf or on behalf of: (1) A member of his family; (ii) a partnership of which he is a member; (ii) a corporation, business trust, or an association, if such an individual is an officer or full time employee; (iv) a receivership, decedent's estate, or a trust or estate of which he is the receiver, administrator, or other similar fiduciary; (v) a Federal, State, county, district, territorial, or local government or agency thereof, or a government corporation, or a district or advisory board established pursuant to statute; or (vi) an association or class of individuals who have no specific interest that will be directly affected by the disposition of the particular interest, (vii) individuals otherwise not entitled to appear who receive written approval of the head of the Office or his authorized representative.

(b) No individual may practice before the Office if such practice would violate the provisions of 18 U.S.C. 203, 205, or 207.

(c) (1) Disciplinary proceedings may be instituted against anyone who is practicing or has practiced before the Office on grounds that he is practicing without authority under the provisions of this part, or that he has violated any provisions of the laws and regulations governing practice before the Office, or that he has been disbarred or suspended by any court or administrative agency. Individuals practicing before the Office should observe the Canons of Professional Ethics of the American Bar Association and those of the Federal Bar Association, by which the Office will be guided in disciplinary matters.

(2) Whenever in the discretion of the General Counsel the circumstances warrant consideration of the question whether disciplinary action should be taken against an individual who is practicing or has practiced before the Office, the General Counsel shall appoint a hearing officer to consider and dispose of the case. The hearing officer shall give the individual adequate notice of, and an opportunity for a hearing on, the specific charges against him. The hear

ing shall afford the individual an opportunity to present evidence and crossexamine witnesses. The hearing officer shall render a decision either (1) dismissing the charges, or (11) reprimanding the individual or suspending or excluding him from practice before the Office.

(3) Within 30 days after receipt of the decision of the hearing officer reprimanding, suspending, or excluding an indvidual from practice before the Office, an appeal may be filed with the General Counsel, whose decision shall be final.

(d) When an individual who appears in a representative capacity signs a paper in practice before the Office, his signature shall constitute his certificate;

(1) That under the provisions of this part and the law, he is authorized and qualified to represent the particular party in the matter;

(2) That, if he is the partner of a present or former officer or employee, including a special Government employee, the matter in respect of which he intends to practice is not a matter in which such officer or employee of the Government or special Government employee participates or has participated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise and that the matter is not the subject of such partner's official Government responsibility;

(3) That, if he is a former officer or employee, including a special Government employee, the matter in respect of which he intends to practice is not a matter in which he participated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, while so employed and, if a period of one year has not passed since the termination of his employment with the Government, that the matter was not under his official responsibility as an officer or employee of the Government; and,

(4) That he has read the paper; that to the best of his knowledge, information, and belief there is good ground to support its contents; that it contains no scandalous or indecent matter; and that it is not interposed for delay.

§ 202.4 Filing of documents.

A document required to be filed with the Federal Energy Office under this chapter is considered filed if it has been received at the designated office. Documents received after regular business hours are deemed filled the next regular business day.

(a) If the last day of the period falls on a Saturday, Sunday, Federal legal holiday, or other nonbusiness day, the period shall be extended to the next day which is not a Saturday, Sunday, Federal legal holiday, or other nonbusiness day, the period shall be extended to the next day which is not a Saturday, Sunday, Federal legal holiday, or other nonbusiness day.

(b) If the period prescribed or allowed is 7 days or less, an intervening Saturday, Sunday, or Federal legal hollday shall not be counted.

§ 202.6 Service.

(a) All documents required to be served under this part shall be served personally or by registered or certified mail on the person specified in the regulations in this part.

(b) Whenever a person is represented by a duly authorized representative, service on the representative shall constitute service on the person.

(c) Service by registered or certified mail is complete upon mailing. § 202.7 Extension of time.

Where an action is required to be taken within a prescribed time, an extension of time will be granted only upon good cause shown and only where the application is made before the expiration of the time prescribed. § 202.8 Subpoenas; witness fees.

Any official authorized to conduct investigations, hearings, or proceedings hereunder may issue subpoenas on written application of a party to the proceedings or on his own motion.

(a) A subpoena may require the attendance of witnesses or the production of relevant papers, books, and documents in the possession or under the control of the person served or both.

(b) A subpoena may be served by any person who is not a party and is not less than 18 years of age.

(c) The original subpoena bearing a certificate of service shall be filled with the Administrator, Federal Energy Office or his authorized representative.

(d) A witness subpoenaed by any party 'shall be paid the same fees and mileage as are paid for like service in the District Courts of the United States. The witness fees and mileage shall be paid by the party at whose instance the subpoena was issued.

(e) In case of refusal to obey a subpoena served upon any person under the provisions of this part, the official issuing the subpoena may request the General Counsel of the Office to seek the aid of the District Court of the United States for any district in which such person is found to compel such person, after notice to appear and give testimony, or to appear and produce documents.

§ 202.9 Public access to information.

(a) This 202.9, (1) grants authority to the Administrator of the Federal Energy Office (hereinafter the "FEO")

RULES AND REGULATIONS

to make records available for public inspection in accordance with the provisions of this section; (2) establishes procedures pursuant to the Freedom of Information Act, 81 Stat. 54, 5 U.S.C. 552 for public inspection of identifiable records in the custody and control of the Federal Energy Office except those excluded by applicable statutes; (3) prescribes the time and place of which such records will be available and (4) sets the fees to be paid for copies of such records.

(b) In construing the terms used in this part, words and phrases shall be given the meaning ascribed to them in the Administrative Procedure Act, 5 U.S.C. 551, et seq.

(c) (1) The Administrator is specifically authorized to receive, review, identify, determine the availability of, and approve or disapprove requests for records in the custody and control of the FEO in accordance with the provisions of this § 202.9.

(2) The Administrator, in his discretion, is specifically authorized to divulge or disclose to a complainant, or to an individual with specific knowledge of a complaint, the nature and result of the investigation of said complaint in circumstances where no violation has been found.

(3) The Administrator, is authorized in his discretion to make any record enumerated in paragraph (d) of this section available for inspection when he deems disclosure to be in the public interest and disclosure is not otherwise prohibited by law.

(4) The authority of the Administrator in this § 202.9 of this Subpart A may in the exercise of discretion, be delegated by the Administrator: Provided, Such delegation is in writing and is published in the FEDERAL REGISTER, except that the authority under paragraph (k) of this section may not be delegated.

(d) This section does not apply to records which are:

(1) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy:

(2) Related solely to the internal personnel rules and practices of an agency;

(3) Specifically exempted from disclosure by statute including information which contains or relates to trade secrets or other matters referred to in section 1905 of title 18 of the United States Code.

(4) Interagency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency;

(5) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(6) Investigatory filles compiled for law enforcement purposes except to the extent available by law to a party other than an agency, and except as authorized in paragraph (c) (2) of this section;

(7) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

763

(8) Geological and geophysical information and data, including maps, concerning wells.

(e) (1) The Administrator will designate an ofcial custodian who will have authority to attest or otherwise authenticate copies of records made available under the provisions of this part.

(2) The Administrator and the official custodian may issue such statements, certificates, or other documents as may be required to show that after a diligent search, no record or entry of the tenor specified in a request has been found to exist. (See Rule 44, Federal Rules of Civil Procedure.)

(f) (1) A person who requests a record originating in another agency but currently in the custody of the FEO shall submit his request to the other agency.

(2) Where the originating agency consents, in writing, to make the record available, it will be made available in accordance with the provisions of this part.

(g) (1) Any person may file a request for records.

(2) A request for a record may be filed by mail or in person with the Administrator, or his authorized representative. Federal Energy Office, Washington, D.C.

(3) A request for records must be filed, except on Federal Government holidays, during the normal business hours of FEO, Monday through Friday.

(h) (1) Each request submitted in accordance with this 202.9 shall be reviewed by the Administrator or his authorized representative to determine whether the record requested is an identifiable record within the meaning of 5 U.S.C. 552 (a) (3).

(2) If it is determined that the record is not identifiable, the person filing the request will be so advised and will be given a reasonable opportunity to provide additional information to facilitate identification of the record.

(3) If it is determined that the record is identifiable but should be withheld from inspection in the public interest, the person filing the request will be so advised, in writing of the decision to deny it. The denial shall inform the applicant of:

(1) The specific subparagraph of paragraph (d) of this section relied on for denying the request; and

(i) The right to request a review of an adverse determination as provided in paragraph (k) of this section.

(1) (1) An identifiable record which has been determined by the Administrator or his authorized representative to be available for inspection, will be made available for examination at a reasonable time and place.

(2) Manual, typewritten or other copies may be made freely by the person filling the request subject to appropriate supervision.

(1) (1) Except as provided in paragraph (j) (2) of this section, there will be no charge for making an identifiable record available under paragraph (1) of this section.

(2) If the Administrator, or his authorized representative determines that

764

a record cannot be made available without significant disruption of normal business activities, he may secure an estimate of the cost of making the record available and require the person filing the request to deposit that amount prior to commencing a search for the record: Provided, however, That where the actual cost of making the record available is significantly more or less than the amount deposited, an adjustment in the form of a supplemental payment or refund, as appropriate, will be made.

(3) In determining whether the search for a record will disrupt normal business activities, the Administrator, or his authorized representative, may take into account the cumulative effect upon business activities of all other pending requests for records under this 202.9, whether made by the same person or by other persons.

(4) An available record, upon advance payment of the fee prescribed in any reproduction fee schedule established by the Administrator or his authorized representative, may be reproduced through any available means; however, the Administrator or his authorized representative, may waive such fees if he determines the reproduction cost to be inconsequential.

(k) (1) Any person aggrieved by any determination made or taken under this § 202.9 may request a review.

(2) An appeal must be filled with the Administrator FEO within 30 days after the determination on action to be reviewed.

(3) An appeal may be filed in any form and a letter or other written statement setting forth the pertinent facts will be considered sufficient for this purpose.

(4) The Administrator may require the person filing the appeal to present additional evidence or information in support of his request for review.

(5) The Administrator will promptly review each appeal and notify the appellant in writing of his decision. § 202.10

Order of precedence.

In case of any conflict of inconsistency between the provisions of Chapter XIII, Title 32A, CFR, relating to the Mandatory Petroleum Allocation Program and the provisions of this part, the provisions of this shall be controlling as to procedure.

Subpart B-Rules Relating to Program Interpretations, Modifications and Adjustments

§ 202.11 Scope and purpose.

(a) This subpart establishes procedures to be followed by any applicant who requests an interpretation of the regulations and/or orders issued under the Mandatory Petroleum Allocation Program.

(b) Sections 202.12 through 202.16 specify the procedural steps by which a person may seek an interpretation of the regulations as they apply to his particular case, or an exception or exemption therefrom. Section 202.14 is directed toward those persons who seek a rescission or modification of an order issued pur

RULES AND REGULATIONS

suant to these regulations.

(c) Sections 202.17 through 202.20 cutline the procedures used to seek adjustments and assignments at each level of authority within the Allocation System instituted in Part 200 of this chapter No attempt has been made to exhaustively define the exact procedures these officers will use to implement this program. Prospective applicants should inquire at the appropriate office for specific instructions concerning their petitions. For this purpose, prospective applicants are referenced to the following locations for information and filing requirements.

(d) The following breakdown by product subparts, is intended to aid applicants in locating the appropriate offices for such inquiries.

SUBPART C-MIDDLE DISTILLATES

(1) Users other than wholesale purchasers (those persons using less than 84,000 gallons per year) may apply to their local boards for appropriate relief.

(2) Wholesale purchasers (using greater than 84,000 gallons per year) may apply:

(s) (a) To their state office for temporary rellef from exceptional hardship. Such relief shall be taken from that state's "state reserve."

(b) (b) To their regional office for a permanent adjustment or assignment.

SUBPART D PROPANE AND BUTANE (1) Persons who use & small volume of propane for heating use may apply to their state board for relief.

(2) All other users of propane must apply

state omce may assign a user of these products to a supplier along with a specified supply volume determined on the basis of exceptional hardship.

§ 202.12 Interpretations.

(a) Instructions to applicants (1) Who may file. Any person may file a request for an interpretation or a ruling.

(2) Where to file. A request for an interpretation or a ruling shall be in writing and filed in the Office of the Regional Administrator for the Region in which the applicant resides or has his principal place of business. Telephonic inquiries

shall be deemed neither interpretations nor rulings and shall merely provide general information.

(3) Contents. The request for an interpretation should be set forth in simple, concise and direct statements.

(b) Processing of requests. The Office of the Regional Administrator issues interpretations on prospective or completed acts or transactions. Such interpretations shall be in writing and no person relying thereon shall be subject to sanctions or penalties by the Administrator, Federal Energy Office notwithstanding that such interpretation shaH thereafter be declared by judicial or other competent authority to be invalid.

to their Regional office. Adjustments in their supply volume will be made on the basis of exceptional hardship.

SUBPART E-MOTOR GASOLINE

(a) To the state office in their state for temporary relief from exceptional hardship. Such awards shall be taken from that "state reserve."

(b) To their regional office for a permanent adjustment or assignment.

SUBPART F-RESIDUAL FUEL OIL

(a) Persons who use their residual fuel oll for heating purposes may apply to their local boards.

(b) Those who use residual fuel of for the production of electrical power should reference inquiries to the National office of the FEO.

(c) All other users of residual fuel oil must apply to their regional offices for relief.

SUBPART G-CRUDE OIL

An office of FEO at the national level will be set up to process applications for crude oil.

SUBPART HAVIATION FUEL

(a) Those users of aviation fuel who are within the category of general aviation must apply to their respective state offices for relief from that state's "state reserve."

(b) Those users defined as civil and public aviation shall apply to the national office of FEO for relief.

SUBPART I-OTHER FUELS

(1) Petrochemical processors may apply to their regional offices for an adjustment or assignment.

(2) All other users, Including users of lubricating oils must apply to their state offices for relief. It is not intended that a state reserve be instituted for these products. The

§ 202.13 Requests for modification or rescission of regulations.

(a) Instructions to applicants-(1) Who may file. Any person seeking a modification or rescission of a regulation shall file a written request.

(2) Where to file. Requests for modification or rescission of a regulation shall be directed to the Administrator, Federal Energy Office, Washington, D.C. 20240.

(3) Contents. Requests for modification or rescission of a regulation shall clearly designate the regulation sought to be modified or rescinded and the modification sought, and shall include a clear and concise statement of the justification for the modification or rescission with supporting documentation. Failure to supply such information shall subject the request to summary dismissal without prejudice.

(b) Processing of requests. The Administrator, Federal Energy Office shall promptly process all requests for modification or rescission of regulations. The Administrator may order a hearing under such rules as he shall promulgate if, in his opinion, such a hearing would be advisable. Upon a determination that the request should be granted or denied, the Administrator shall so notify the applicant in writing, stating the reasons for his decision.

(c) Reconsideration. A person aggrieved by a denial of his request for a modification or rescission of the regulations may petition the Administrator within four days for a reconsideration of that denial. Such request should clearly indicate in what manner the original decision was in error and should provide any additional evidence that would justify a reconsideration of the Administrator's decision. The Administrator, after consideration of the petition for reconsideration, may affirm, modify, or reverse the original decision and shall notify the person in writing of his disposition of the petition, stating the reasons for his decision. A decision of the Administrator denying a petition for reconsideration under this Part 202 shall be the final decision of the Department.

§ 202.14

Requests for modification or rescission of an order issues under the program.

(a) Instructions to applicants—(1) Who may file. Any person seeking a modification or rescission of an order shall file a written request. The procedure set forth in this section does not apply to any person who may seek review of the order complained of under provisions of any other subpart of this part. Similarly, this procedure does not apply to any compliance order issued under this regulation, review of which may be sought pursuant to Subpart G of this part.

(2) Where to file. Requests for modification or rescission of an order shall be directed to the Administrator, Federal Energy Office, Washington, D.C. 20240.

(3) Contents. Requests for modification or rescission of an order shall clearly designate the order sought to be modified or rescinded and the modification sought, and shall include a clear and concise statement of the justification for the modification or rescission with supporting documentation. Failure to supply such information shall subject the request to a summary dismissal without prejudice.

(b) Processing of requests. The Administrator, Federal Energy Office, shall promptly process all requests for modification or rescission of any order. The Administrator may order a hearing under such rules as he shall promulgate if, in his opinion, such a hearing would be advisable. Upon determination that the request should be granted, dismissed, or denied, the Administrator shall so notify the applicant in writing, stating the reasons for his decision.

(c) Reconsideration. A person aggrieved by a denial of his request for a modification or rescission of an order may petition the Administrator within four days for reconsideration of that denial. Such request shall clearly indicate in what manner the original decision was in error and should provide any additional evidence that would justify a reconsideration of the Administrator's decision. The Administrator, after consideration of the petition for reconsideration, may affirm, modify, or reverse the original decision and shall notify the petitioner in writing of his disposition of the petition stating the reasons for his

RULES AND REGULATIONS

decision. A decision of the Administrator denying a petition for reconsideration under this § 202.13 shall be the final decision of the office.

§ 202.15 Requests for exceptions from the program.

(a) Instructions to applicants-(1) Who may file. Any person seeking an exception shall file a written request.

(2) Where to file. Requests for an exception shall be directed to the Regional Administrator for that region. However, in any case in which an exception is sought for operations which encompass more than a single region, the request should be directed to the Administrator, Federal Energy Office, Washington, D.C. 20240.

(3) Contents. Requests for exceptions shall clearly indicate the specific regulation or order from which an exception is sought and shall include a clear and concise statement of the justification for such an exception with supporting documentation. Failure to supply such information shall subject the request to summary dismissal without prejudice.

(b) Processing of requests. The Regional Administrator, or the Administrator, Federal Energy Office, in cases which involve more than one region, shall promptly process all requests for exceptions. Upon a determination that a request should be granted or denied, the Regional Administrator or the Administrator, as the case may be, shall notify the applicant in writing, stating the reasons for his decision.

(c) Review and reconsideration. (1) A person aggrieved by a decision of a Regional Administrator denying his request for an exception may, within four days, seek a review of that decision by the Administrator, Office of Petroleum Allocation, under the procedures set out in Subpart G of this part.

(2) Any person aggrieved by a decision of the Administrator denying his request for an exception may petition the Administrator, Federal Energy Office, within four days for a reconsideration of such denial. Such request should clearly indicate in what manner the original decision was in error and should provide any additional evidence that would justify a reconsideration of the Administrator's decision. The Administrator, after consideration of the petition for reconsideration, may affirm, modify, or reverse the original decision and shall notify the person in writing of his disposition of the petition, stating the reasons for his decision. A decision of the Administrator denying a petition for reconsideration under this § 202.15 shall be the final decision of the Department. § 202.16

Request for exemptions from the program. (a) Instructions to applicants-(1) Who may file. Any person seeking an exemption from the program shall file a written request.

(2) Where to file. Requests for an exemption shall be directed to the Administrator, Federal Energy Office, Washington, D.C. 20240.

(3) Contents. Requests for exemption shall clearly indicate the basis upon

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which an exemption is sought and the justification for such exemption with supporting documentation. Failure to supply such information shall subject the request to summary dismissal without prejudice.

(b) Processing of requests. The Administrator, Federal Energy Office, shall promptly process all requests for exemptions from the Program. The Administrator may order a hearing under such rules as he shall promulgate if, in his opinion, such a hearing would be advisable. Upon determination that the request for an exemption should be granted or denied, the Administrator shall so notify the applicant in writing, stating the reasons for his decision.

(c) Reconsideration. A person aggrieved by a denial of his request for an exemption may petition the Administrator. Office of Petroleum Allocation, for reconsideration of the denial. Such request shall clearly indicate in what manner the original decision was in error and should provide any additional evidence that would justify a reconsideration of the Administrator's decision. The Administrator, after consideration of the petition for reconsideration, may affirm, modify, or reverse the original decision and shall notify the petitioner in writing of his disposition of the petition, stating the reasons for his decision. A decision of the Administrator denying a petition for reconsideration under this section shall be the final decision of the Department.

§ 202.17. Requests for interpretations, adjustments, assignment, exceptions, exemptions, and modification or rescission of regulations or orders on the national level.

(a) Interpretations-(1) Instructions to applicants.-(i) Who may file and where to file. Any person may file a request for an interpretation or a ruling involving crude oil or aviation fuel. Such request shall be in writing and filed in the National Crude Oil Allocation Office or the National Aviation Fuel Allocation Office, respectively. Telephonic inquiries shall be deemed neither interpretations nor rulings and shall merely provide general information.

(2) Contents. The requests for an interpretation should be set forth in simple, concise and direct statements.

(3) Processing of requests. The Director of the appropriate national office issues interpretations on prospective or completed acts or transactions. Such interpretations shall be in writing and no person relying thereon shall be declared by judicial or other competent authority to be valid.

(4) Review. If an applicant believes that an interpretation is in error, he may seek review under Subpart G of this part.

(b) Adjustments-(1) Instructions to applicants. Who may file and where to file. Any refiner or other person purchasing crude oil or any person purchasing aviation fuel for a civil air carrier or for public aviation may apply for an adjustment, as defined herein, to the appropriate national office.