766

(2) Contents. The application may be submitted using Form PAP 17 (10-73). In the event such form is unavailable, the application should set forth clearly and concisely the amount of the adjustment requested and the reasons why such an adjustment is necessary.

(3) Processing of requests. The Director of the appropriate national office shall, upon consideration of such application and any other relevant information, make a prompt decision on such application. The decision may grant the relief requested in the application, either wholly or in part, or deny the petition. Petitions may be dismissed, if during a reasonable period of time, the applicant fails to furnish information essential to the determination of his application. Dismissals shall be issued without prejudice to subsequent filings or requests by the applicant. The Director of the appropriate national office shall notify the applicant, in writing, of the disposition of his request. If such a request is denied, he shall state the reasons for the denial.

(4) Interim relief. Interim relief may be granted when, in the judgment of the Director of the appropriate national office, insufficient time exists to fully adjudicate an application for an adjustment but it is nevertheless deemed necessary to afford some immediate relief to the applicant. Interim relief shall be limited to a period of sixty days, after which time the Director must adjudicate the applicant's request for adjustment. Appeals from a decision granting interim relief may be filed as would an appeal from a final decision of the Director. Decisions granting interim relief must be complied with during the pendency of any appeal. The filing of an appeal from a decision granting interim relief shall not serve to prevent a final resolution of the original application.

(5) Review. Persons adversely affected by a decision on a request for adjustment may seek review pursuant to the procedures set out in Subpart G of this part. (c) Assignments. Instructions to applicants:

(1) Who may file and where to file: Any refiner or any person who needs a supplier for crude oil or any person who needs a supplier for aviation fuel for civil air carrier purposes or for public aviation purposes may apply to the appropriate national office for an assignment of a supplier in accordance with the criteria established under which such application will be considered.

(2) Contents: The application may be submitted using Form OOG-PAP 17(1073). In the event such form is unavailable, the application should set forth clearly and concisely the reasons why such an assignment is necessary.

(3) Processing of requests: The Director of the appropriate national office shall, upon consideration of such application and any other relevant information, promptly process all requests for assignments. If it is determined that there is insufficient information upon which to base a decision and if upon request the required additional informa

RULES AND REGULATIONS

tion is not furnished, the application may be dismissed without prejudice. Upon a determination that a request should be granted, the Director of the appropriate national office shall assign the person to a specific supplier. The Director shall then notify, in writing, the person and the assigned supplier of his decision. Upon a determination that a request for an assignment of a supplier should not be granted, the Director shall so notify the person in writing and state the reasons for his decision.

(4) Interim relief may be granted when, in the judgment of the Director of the appropriate national office, insufficient time exists to fully adjudicate an application for an assignment but it is nevertheless deemed necessary to afford some immediate reilef to the applicant. Interim relief shall be limited to a period of sixty days after which time the Director must adjudicate the applicant's request for an assignment. Appeals from a decision granting interim relief may be filed as would an appeal from a final decision of the Director. Decisions granting interim relief must be complied with during the pendency of any appeal. The filing of an appeal from a decision granting interim relief shall not serve to prevent a final resolution of the original application.

(5) Review: Persons adversely affected by a decision on a request for an assignment may seek review pursuant to the procedures set out in Subpart G of this part.

(d) Requests for exceptions from the program. Instructions to applicants:

(1) Who may file. Any person seeking an exception involving crude oil or aviation fuel shall file a written request.

(2) Where to file. Requests for an exception shall be directed to the Director of the appropriate National Office.

(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.

(4) Processing of requests. The Director of such National Office shall promptly process all requests for exception. Upon a determination that a request should be granted or denied, the Director shall notify the applicant in writing, stating the reasons for his decision.

(5) Review. A person aggrieved by a decision of a National Director denying his request for an exception, may, within four days, seek a review of that decision by the Administrator, Federal Energy Office under the procedures set out in Subpart G of this part.

(e) Requests for modification or rescission of regulations, or orders issued under the program and requests for exemption from the program. (1) Requests for modification or rescission of regulations, or requests for modification or rescission of orders issued under the Program or requests for exemption from the Program should be filed pursuant to the

procedures set out in §§ 202.13, 202.14 or 202.16, respectively.

$202.18 Adjustments and assignments at the regional level. at (a) Adjustments the Regional Level. (1) Who may fle: Wholesale purchasers or customers, or persons other than users listed in § 202.19(a), as those terms are defined in Subparts C, D, E, F and I of Part 200 of this chapter, may apply for an adjustment of their supply volumes to the appropriate Regional Office of the Federal Energy Office.

(2) Where to file: Applications for adjustments should be filled with the Administrator of the appropriate regional office of the Federal Energy Office. Applications based on exceptional hardship pursuant to Subparts D and I of Part 200 of this chapter will be processed as requests for an adjustment.

(3) Contents: Applications for adjustment shall be made on Form PAP-17 (10-73). In addition an applicant should include with his application, where relevant, the following:

(i) Data on applicant's business, detailing the structure of ownership and affiliation during the preceding 12

months.

(ii) Information relating to the anticipated use of the product in applicant's operation.

(iii) An estimate of the anticipated effect which denial of the requested adjustment would have on the applicant's operations.

(iv) A statement of the extent to which the applicant has investigated the possibilities of converting to an alternative fuel or product, and the applicant's conclusion as to the feasibility of making such a conversion.

(4) Processing of applications: The Regional Administrator of the Federal Energy Office will, upon consideration of such application and any other relevant information, make a prompt decision on such petition. The decision may grant relief requested in the application, either wholly or in part, or deny the petition. Applications may also be dismissed, if, during a reasonable period of time, applicants fail to furnish information essential to the determination of their petition. Dismissals shall be issued without prejudice to subsequent fillings or requests by petitioner. The Regional Administrator shall notify the applicant, in writing, of the disposition of his request. If such a request is denied, he shall state the reasons for the denial.

(5) Interim relief may be granted when, in the judgment of the Regional Administrator, insufficient time exists to fully adjudicate an application for an adjustment but it is nevertheless deemed necessary to afford some immediate relief to the applicant. Interim relief shall be limited to a period of sixty days after which time the Regional Office must adjudicate the applicant's request for adjustment. Appeals from a decision granting interim relief may be filed as would an appeal from a final decision of the Regional Administrator. Decisions granting interim relief must be complied with

43-187 O-75-6

during the pendency of any appeal. The filing of an appeal from a decision granting interim relief shall not serve to prevent a final resolution of the original application.

(6) Review: Persons adversely affected by a decision on an application for an adjustment may seek review from the Administrator, Federal Energy Office, pursuant to the procedures set out in Subpart C of this part.

(b) Assignments at the regional level(1) Who may file. Wholesale purchasers or customers, or persons, other than users listed in § 202.19(a), as those defined in Subparts C, D, E, F and I of this part, may apply for an assignment of a supplier to the appropriate Regional Office of the Federal Energy Office.

(2) Where to file. Applications for the assignment of a supplier should be filed with the Regional Administrator of the appropriate regional office of the Federal Energy Office.

(3) Contents. Application for assignment of a supplier shall be made on Form PAP-17 (10-73). In addition, an applicant should include with his application, where relevant, the following:

(1) Data and other information con

cerning present and anticipated needs of priority customers.

(11) A statement to the effect that the applicant had no supplier during the requisite base period, or that the applicant's previous supplier does not have the capacity to supply his needs.

Applicants-determined by a Regional Administrator to be qualified to receive an allocation shall be assigned a supplier and a specific supply volume. An assignment of a specific supply volume may increase the applicant's certified need, but the supply volume will be subject to reduction because of the assigned supplier's allocation fraction or by an authorized proportional reduction percentage.

(4) Processing of requests. The Regional Administrator shall promptly process all requests for assignment, taking into consideration the application and any other relevant information. If the Regional Administrator determines that there is insufficient information upon which to base a decision and if apon request the required additional information is not furnished, the application may be dismissed without prejudice. Upon a determination that a request should be granted, the Regional Administrator shall assign the wholesale purchaser to a specific supplier. Selection of a supplier should, to as great an extent as possible, result in equitable distribution of the product applied for within a given area. The Regional Administrator shall then notify, in writing, the applicant and state the reasons for his deci

sion.

(5) Interim relief. Interim relief may be granted when, in the judgment of the Regional Administrator insufficient time exists to fully adjudicate an application for an assignment but it is nevertheless deemed necessary to afford some immediate relief to the applicant. Interim re

RULES AND REGULATIONS

lief shall be limited to a period of sixty days after which time the Regional Office must adjudicate the applicant's request for adjustment. Appeals from a decision granting interim relief may be filed as would an appeal from a final decision of the Regional Administrator. Decisions granting interim relief must be complied with during the pendency of any appeal. The filing of an appeal from a decision granting interim relief shall not serve to prevent a final resolution of the original application.

(6) Discrimination. Suppliers may not discriminate against assigned customers by failing to supply in accordance with an assignment by a Regional Adminis

trator; by charging higher prices; or by imposing terms or conditions on sales upon any single purchaser other than those imposed upon all other purchasers at an equivalent level of trade, except as may be lawful and normal in general practice.

767

Dismissals shall be issued without prejudice to subsequent flings or requests by petitioner. The Local Board shall notify the applicant, in writing, of the disposition of his request. If such a request is denied, the reasons for the denial shall be stated. If a Local Board fails to act upon a request for an adjustment or assignment within 15 days, the applicant may elect to treat his request as denied and seek a review of the denial pursuant to Subpart G of this part.

(d) Review. Persons adversely affected by a decision on a request for adjustment may seek review pursuant to Subpart G of this part.

$202.20 Exceptional hardship awards

at the State level.

(7) Review. Persons adversely affected by a decision on an application for an assignment may seek review from the Administrator, Federal Energy Office, pursuant to the procedures set forth in Subpart G of this part.

at local board level.

(a) Definition and composition. Local boards shall be established made up of individuals appointed by the governor or chie: executive of a State to consider requests for adjustment of base period supply volume or for assignment to a supplier of (1) any user of middle distillate who is not a wholesale purchaser as defined in § 200.24 of this chapter, (2) any small volume user of propane; or (3) any user of residual fuel oil for heating purposes as defined in Part 200 of this chapter. Sufficient boards shall be established to ensure reasonable geographic accessibility and responsiveness to appropriate requests and petitions.

(b) Instructions to applicants. Any user listed in paragraph (a) of this section shall make application for an adjustment or an assignment at the office of the Local Board which has jurisdiction for the area in which he resides or in which he has his principal place of business. The application for an adjustment or an assignment should be filed on Form PAP 17 (10-13) if available. In addition to such form applicants must provide, in their requests, all the relevant information which is necessary for the disposition of their case.

(c) Processing of requests. The Local Board will, upon consideration of such petition and any other relevant information, make a prompt decision on such petition. All requests for adjustment or assignments must be processed within 15 days after the receipt of all required information. The decision may grant the relief requested in the petition, either wholly or in part, or deny the petition. Petitions may also be dismissed, if, during a reasonable period of time petitioners fail to furnish information essential to the determination of their petition.

total allocation will be accomplished in accordance with of the provisions §§ 202.17, 202.18 and 202.19 as appropriate.

(b) Authorized State officials may direct that present and future allocations of those products subject to the State Reserve be made in quantities different than prescribed in section 1 to any user to alleviate exceptional hardships. No more than 3 percent of any individual suppliers total (monthly) allocation may be directed to that user during any month.

(c) The state reserve is intended for use by the states in meeting exceptional hardship cases. Any supplies subject to the state reserve not allocated for that month may be added by the supplier to his inventory available for distribution the succeeding month.

(d) The state reserve may not be accumulated or deferred.

(e) Allocations directed by state offcials in meeting exceptional hardship cases may not restrict or in any way interfere with the distribution in interstate commerce of any fuels subject to state reserves. State officials may allocate only those fuels which are subject to state reserves. Allocations may not be implemented if they would result in discrimination against non-residents in favor of residents for those products subject to a state reserve.

(f) Each state shall designate a state official who may allocate quantities of those products subject to a state reserve in order to alleviate exceptional hardships within the state.

(g) Temporary exceptional hardship awards may not be used if such use would result in a duplication of a permanent award granted under §§ 202.17, 202.18 or § 202.19.

768

Subpart C-Complaints by Parties § 202.21 Scope and purpose.

This part establishes procedures to be followed by any person aggrieved by the non-compliance with the regulations of Title 32A, Chapter XIII, or any order issued pursuant thereto. The complaint will be processed through the following channels in order to expedite a final resolution to the problem.

§ 202.22 Complaints by parties.

(a) Complaint. Any person aggrieved by the non-compliance with the regulations of Title 32A, Chapter XIII, or any order issued pursuant thereto, may file a complaint. The complaint shall be prepared in six copies, of which one copy shall be retained by the complainant and five copies shall be submitted to the Regional Administrator, Federal Energy Office (hereinafter "Regional Administrator"). The Regional Administrator shall transmit one copy of the complaint by registered or certified mail, return receipt requested, to the party complained of. The complaint shall state in detail the nature of the violation, specifying the product involved, the names, addresses and telephone numbers of all persons and the relevant sections of the Act, regulations or order.

(b) Answer. The answer shall respond to each allegation of the complaint and specify any additional relevant products, persons, including names, addresses and telephone numbers and relevant sections of the Act, regulations or order. The answer shall be prepared in six copies, of which one copy shall be retained by the Respondent and five copies shall be submitted to the Regional Administrator who shall transmit one copy of the answer to the complainant. The answer shall be received in the Regional Office within seven (7) days after receipt of the complaint. If the answer is not timely received, the allegations of the complaint may be deemed admitted and appropriate action taken.

(a) Each Regional Administrator has a mission to encourage and achieve the maximum degree of voluntary compliance with the Mandatory Petroleum Allocation Program (hereinafter "Program"), by enforcement of the statutory sanctions applicable to the Program through the investigation of possible violations of such regulations and guidelines, development of information concerning the extent of violations of all Program regulations and guidelines, and measurement of the effectiveness of the investigation process.

(b) Upon determining that a violation exists, the Regional Administrator shall issue an order directing compliance with the provisions of these regulations.

(c) The Regional Administrator may recommend, with respect to alleged violations, the imposition of sanctions available under the Program, and the institution of appropriate action against suppliers and wholesale purchasers.

RULES AND REGULATIONS

sideration.

(e) A violation discovered by means other than requests for interpretations, rulings, adjustments or assignments, shall be reported to the appropriate Regional Administrator for processing and investigation.

(f) No sanctions shall be implemented until a final decision on appeal, pursuant to Subpart G of this part, has been made, or until the time within which

such an appeal may be taken has expired.

§ 202.24 Verified complaint.

Upon receipt of a verified complaint the Regional Administrator, in his discretion, may issue an order directing compliance with the regulations of Title 32A Chapter XIII or any order issued pursuant thereto, upon such terms and conditions, including the posting of security by complainant as the Regional Administrator deems necessary and proper. No order under this section shall be effective for a period in excess of thirty (30) days after receipt by parties named in the complaint; provided, that at the expiration of the order, application to renew or extend the order for a second period not to extend thirty (30) days may be made and processed in the form of a verified complaint; Provided, further, That there shall be only one such application for renewal or extension in connection with any verified complaint. Orders issued under this section may be appealed as provided in Subpart G of this part but the issuance of an order hereunder shall not be construed to preclude the filing of an answer under § 202.23.

Subpart D-Procedures for Processing
Requests

§ 202.25 Purpose and scope.

The purpose of this subpart is to establish procedures for the processing of requests by persons seeking a modification or recision of any provision of this Chapter relating to the Mandatory Petroleum Allocation Program. The procedures established in this Subpart D are supplementary to the other procedural regulations established in this part. To the extent that other subparts of this part mandate procedures for specific actions, those subparts are the controlling procedures, and persons seeking such action must comply with the procedures of those subparts.

§ 202.26 Who may file and where to file.

Any person who seeks a modification or rescission of any provision of this Chapter, may file a request for such modification or revision in writing. Such written requests shall be directed to the Administrator, Federal Energy Office, Washington, D.C.

tion or rescission of a provision of this (s) Contents. Requests for modificaChapter shall clearly designate the provision sought to be modified or rescinded, and shall clearly state the modification sought. It shall include a clear and concise statement of the justification for the modification or rescission together with supporting documentation. Failure to supply such information, or to furnish it or such further information as may be requested within a reasonable time, shall subject the request to summary denial without prejudice.

(b) Processing of requests. The Adpromptly process all requests for modifiministrator, Federal Energy Office, shall

cation or rescission of the provisions. The Administrator may order a hearing under such rules as he may 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, and said notification shall be sent by registered or certified mail, return receipt requested.

(c) Reconsideration. A person aggrieved by a denial of his request for a modification or rescission of the provisions may petition the Administrator within 7 days of the date of receipt of such denial 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 such decision. The Administrator, after consideration of the petition, 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 by the Administrator denying a petition for reconsideration under section 3 shall be the final decision of the Federal Energy Office.

Subpart E-Published Rulings

§ 202.28 Rulings for publication.

The Administrator, FEO, may in his discretion determine that an interpretative ruling should be published in the FEDERAL REGISTER for the purposes of providing guidance to the Regional OfAces, the State Offices, the Local Boards, and the general public. Upon publication such ruling may only be reviewed pursuant to procedures established in Subpart D of this part.

Subpart F-Sanctions, Penalties and
Enforcement

each violation. Criminal violations will be prosecuted by the Department of Justice upon referral by the Administrator or his delegate. § 202.31

Sanctions civil penalties.

Any person who violates any provision of this chapter or any order issued pursuant thereto shall be subject to a civil penalty of not more than $2,500.00 for each violation.

§ 202.32 Injunctions and other relief.

RULES AND REGULATIONS

shall be deemed to be a separate violation within the meaning of the provisions of this chapter relating to criminal fines and civil penalties.

§ 202.34 Ratification of prior orders.

All orders relating to the allocation of petroleum products issued pursuant to clause (3) of the first sentence of section 203(a) of the Economic Stabilization Act of 1970 and in effect prior to the effective date this regulation shall continue in full force and effect until modified or terminated by action taken pursuant to the authority of the Emergency Petroleum Allocation Act of 1973: Provided however, That the force and effect of any such order shall not extend beyond (a) any termination date contained therein or (b) the expiration of a period of 60 days from the effective date of this regulation.

(a) Whenever it appears to the Administrator, or his delegate that any person has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any order or regulation under this chapter, the Administrator, or his delegate, may request the Attorney General to bring an action in the appropriate district court of the United States to enjoin such acts or practices and upon a proper showing a temporary restraining order or a pre- § 202.35 Appeals to the Administrator, liminary or permanent injunction shall be granted without bond. The relief sought may include a mandatory injunction commanding any person to comply with any such order or regulation and restitution of money received in violation of any such order or regulation.

(b) Any person suffering legal wrong because of any act or practice arising out of the provisions of this chapter or any order issued pursuant thereto shall be entitled to the relief provided in section 210 of the Economic Stabilization Act of 1970, as amended (12 U.S.C. 1904 (Note).) § 202.33 Other penalties.

(a) Willful concealment of material facts, or false, or fictitious or fraudulent statements or representations, or willful use of any false writing or document containing false, fictitious or fraudulent statements pertaining to matters within the scope of the Emergency Petroleum Allocation Act of 1973, shall be subject to

the criminal penalties provided by 62

Stat. 749, 18 U.S.C. 1001.

(b) The provisions herein for penalties and sanctions shall be deemed cumulative and not mutually exclusive.

(c) Each day that a violation of any provision of this chapter or any order issued pursuant thereto continues, there

Subpart G-Appeals and Review

Federal Energy Office.

(a) Who may appeal. Any person aggrieved by a decision of a state office, or of a Regional Administrator, or of the Assistant Administrator for Operations and Compliance may appeal such decision to the Administrator, Federal Energy Office, Washington, D.C.

(b) Notice of appeal and briefs. The appellant shall file a written notice of appeal and all briefs in support thereof with the Administrator, within 20 days of the date of receipt of that decision. The notice shall contain an identification of the action or decision appealed from and a concise but complete statement of the facts and law relied upon and the relief sought.

reconsideration.

The

(c) Summary officer whose decision is being appealed may, within 48 hours of receipt of the notice of appeal, reconsider the decision and summarily reverse the decision, in which case the appeal shall be deemed

moot.

(d) Transmittal of appeal file. Within 72 hours after receipt of the notice of appeal and brief, the officer whose decision is being appealed shall transmit to the Administrator the entire official file in the matter.

769

(e) Effect of appeal. The deciding officer or the Administrator, as the case may be, may in his discretion stay the effect of the decision being appealed during the pendency of the administrative review process. Absent such stay, the decision below shall be effective as of the date thereof.

(f) Hearing. The Administrator may in his discretion order an informal hearing in any appeal if he feels such a hearing might be beneficial to a final determination of the appeal. If the decision being appealed involves the imposition of a sanction, the appellant may request a hearing on any relevant issues of fact. Such request shall be filed with the Administrator within the time in which the notice of appeal must be filed. Failure to file such a request may result in the appeal being submitted on the record.

(g) Answer. The officer whose decision is being appealed shall have 15 days from receipt of the notice of appeal within which to file his answer and any other pleadings.

(h) Decisions on appeals. The Administrator will review the record and take such action as the circumstances warrant. The Administrator may direct a hearing on the entire matter or specified portions thereof, may decide the appeal forthwith upon the record already made, or may make other disposition of the case. The Administrator may grant an opportunity for oral argument.

(1) Effect of decision. The decision of the Administrator shall be final for the Federal Energy Office.

(j) Delegation of authority. The Administrator may delegate his authority to consider and decide appeals and to conduct hearings to any official within the Federal Energy Office.

Subpart H-Judicial Review

§ 202.36 General.

770

[10 CFR Part 200]

MANDATORY PETROLEUM ALLOCATION

REGULATIONS; CORRECTION

DECEMBER 20, 1973.

The following changes to subpart DPropane and Butane in the Proposed Mandatory Fuel Allocation Regulations published in the FEDERAL REGISTER for December 13, 1973, (38 FR 34413)

bring that subpart into accord with the intended content thereof.

PROPOSED RULES

$ 200.34 Definitions

(-1)···

(9) "Agricultural Production" as de fined in § 200.24

(10) "Transportation Services" as defined in § 200.24, but limited to those re

hicles now equipped to use propane.

(11) Medical and Nursing Bulidings" as defined in $ 200.24.

(12) "Emergency Services" as defined in 1200.24 and sanitation and telecom1. Add the following "priority customer munication services whether publicly or uses" to 200.34(b−1): privately owned or operated.

(13) "Energy Production" as defined 1200.24.

$200.36 [Amended]

2. In ii 200.36 (b) and 200.36 (c) (2) change "September 1, 1972 through Nc1973 through November 30, 1973" whervember 30, 1973" to read "September 1, ever the phrase occurs.

JOHN C. SAWHILL, Deputy Administrator. [PB Doe 73-27329 Piled 12-28-73;11:24 am)