edge and belief, the statements required by (ii) and (iii) above have not been withdrawn or modified.

(8) An application for a validated license to export a commodity from Petroleum Commodity Group R must be submitted with the same documentation required by § 377.6(e)(2), and with all of the following:

(i) An end use statement by the applicant, in affidavit format, indicating the name, location and type of business of the end user, and the intended end use of the commodity to be exported;

(ii) An independent inspector's certificate of analysis of the product to be exported, and;

(iii) Such additional documentation—including a statement from the end user if deemed necessary-as the Office of Export Administration may, in particular cases, require.

(9) Groups N1 and N2. An application for a validated license to export a commodity from Petroleum Commodity Group N1 must be submitted with the same documentation required by § 377.6(e)(1), except the affidavit described in § 377.6(e)(1)(iii) is not required. An application for a validated license to export a commodity from Petroleum Commodity Group N2 must be submitted with the same documentation required for Petroleum Commodity Group N1 above and by either:

(i) (a) An end use statement by the applicant in affidavit format indicating the name, location and type of business of the end user, the nature of the end use, and stating that, to the best of his knowledge and belief, the commodity will not be used as a fuel, either along or when blended with other petroleum products, nor will it be used as a refinery feedstock or for synthetic natural gas production, nor will it be substituted for a commodity which will be so used, and

(b) A published technical data sheet (unless one has previously been submitted) or independent inspector's certificate of analysis of the product to be exported which clearly indicates that the commodity is properly classifiable under Petroleum Commodity Group N2, or

(ii) An affidavit from the applicant stating that the commodity is normal

ly packaged or shipped in drums or containers not exceeding 55 U.S. gallons per container and that it will be exported in such drums or containers.

(10) Residual fuel oil refined on the west coast from California-origin crude petroleum. An application for a validated license to export residual fuel oil refined on the west coast from California-origin crude petroleum without regard to quota restrictions, or under the unique hardship criteria of § 377.3, must be accompanied by the following:

(i) The same documentation quired by § 377.6(e)(2);

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(ii) An indeper dent inspector's certificate of analysis establishing the sulfur content of the residual fuel oil to be exported. (With approval of the Office of Export Administration, submission of this certificate may be deferred until after the export has taken place in order to permit the analysis to be conducted after the residual fuel oil has been loaded aboard the exporting carrier.);

(iii) An affidavit from the refiner of the commodity to be exported naming the refiner(ies) in which the commodity was produced and setting forth the following additional information:

(A) The specific California-origin crude oil feedstocks (other than feedstocks from the Elk Hills or Buena Vista Naval Petroleum Reserves) and quantities thereof run in that refinery, and the residual fuel oil the refiner estimates to have been produced from each during the preceding 90 days, together with an explanation of the refiner's method of allocating his residual production among his different crude feedstocks. (The purpose of this request is to establish that the residual fuel oil to be exported is allocable to California-origin crude oil of non-naval petroleum reserve origin.); and

(B) The total quantity of residual fuel oil produced in that refinery during the preceding 90 days which, to the best of the refiner's knowledge and belief, has already been sold into or for export.

In the event that the residual fuel oil to be exported is taken from a commingled inventory from more than one refinery, affidavits should be sub

mitted from as many refiners of the commodity to be exported as necessary to establish that that portion of the commingled inventory to be exported was refined on the west coast from California-origin crude petroleum (other than crude petroleum from the Elk Hills or Buena Vista Naval Petroleum Reserves).

(iv) A signed statement by the applicant listing and attaching copies of (a) each Department of Energy decision and order applicable specifically to the applicant's or the refiner's treatment under the domestic crude oil entitlements program or to the applicant's or the refiner's production of or trade in residual fuel oil, and (b) each pending application therefor; and

(v) An affidavit sworn to by an authorized representative of the applicant firm stating either that, to the best of his knowledge and belief, there are no domestic buyers within the refiner's usual marketing area prepared to purchase the commodity at the current domestic price therefor adjusted in accordance with usual industry practice for transportation costs or why the applicant believes that, notwithstanding such readiness of a domestic buyer to purchase, the Office of Export Administration should determine that the proposed export would be in the national interest and consistent with national energy policy.

(f) Quota set-aside. A quota set-aside of 5 percent cf the total quota for each commodity group subject to quota restrictions is hereby established. This quota set-aside will be allocated quarterly for unique hardship situations (see § 377.3).

(g) Validity period. Any license issued pursuant to this section, except those authorizing the export of a Group A commodity, will expire no later than 30 days from the end of the calendar quarter in which it is issued. Requests for extension of the validity period of such licenses will normally not be entertained. A license authorizing the export of a Group A commodity may be issued for a longer period and will remain valid until the date of expiration shown on its face.

(h) Confidentiality. Any documentation required from the exporter under this section will be treated as confi

dential information under section 7(c) of the Export Administration Act of 1969, as amended.

(Sec. 4, Pub. L. 91-184, 83 Stat. 842 (50 U.S.C. App. 2403), as amended; E.O. 12002, 42 FR 35623 (1977); sec. 103, Pub. L. 94-163, 89 Stat. 877 (42 U.S.C. 6212); sec. 2, E.O. 11912, 41 FR 15825, 3 CFR 1969 Comp. (1976); sec. 201, Pub. L. 94-258, 90 Stat. 309 (10 U.S.C. 7430); sec. 101, Pub. L. 93-153, 87 Stat. 576 (30 U.S.C. 185); Dept. Org. Order 10-3, Nov. 17, 1975, 40 FR 58876, and Dec. 4, 1977, 42 FR 64721 (1977), as amended; and Industry and Trade Administration Organization and Function Order 45-1, dated Dec. 4, 1977, 42 FR 64716 (1977) DIBA Org. and Func. Order 46-1, Nov. 17, 1975, 40 FR 59764, as amended)

[13th Gen. Rev., Export Regs., 38 FR 34442, Dec. 13, 1973, as amended at 39 FR 3672, Jan. 29, 1974; 39 FR 5311, Feb. 12, 1974; 39 FR 15113, May 1, 1974; 39 FR 27126, July 25, 1974; 39 FR 35131, Sept. 30, 1974; 39 FR 36112, Oct. 8, 1974; 40 FR 2174, Jan. 10, 1975; 40 FR 45160, Oct. 1, 1975; 41 FR 44159, Oct. 7, 1976; 42 FR 1°23, Jan. 6, 1977; 42 FR 18397, Apr. 7, 1977; 42 FR 34872, July 7, 1977; 43 FR 36620, Aug. 18, 1978; 44 FR 44, Jan. 2, 1979; 44 FR 30322, May 25, 1979; 44 FR 36376, June 22, 1979]

§ 377.15 General provisions: Monitoring.

(a) Statutory requirements. Section 4(c)(1) of the Export Administration Act of 1969, as amended, requires the monitoring of exports and contracts for exports, of any article, material or supply (except those commodities subject to the reporting requirements of section 812 of the Agricultural Act of 1970) when the volume of such exports in relation to domestic supply contributes, or may contribute, to an increase in domestic prices or a domestic shortage, and such price increase or shortage has, or may have, a serious impact on the economy or any sector thereof. The Act further requires that such monitoring shall commence at a time adequate to insure that data sufficient to permit achievement of the policies of the Act will be available in a timely fashion. These statutory requirements are implemented primarily by the provisions contained in this part 377.

(b) Commodities subject to monitoring. Commodities currently subject to export monitoring are listed in supplements to this part 377.

(c) Reporting requirements. Reports are submitted on form DIB-661P, monitoring report. Data to be submitted, reporting periods, and details of the reporting vary according to the commodities being monitored. Form DIB-661P is a general purpose form which is modified as may be necessary for specific monitoring programs. Part 1 of the form may be used alone or in conjunction with part 2. Refer to the sections on specific commodities subject to monitoring below for details on reporting requirements and specific instructions on preparing and submitting reports.

NOTE: As of (publication date), no commodities were subject to export monitoring pursuant to section 4(c)(1) of the Export Administration Act of 1969, as amended.

(d) Publication of monitoring reports. To the extent practicable, the results of this monitoring are aggregated and included in weekly reports compiled by the Office of Export Administration, setting forth with respect to each article, material, or supply monitored, actual and anticipated exports, the destination by country, and the domestic and worldwide price, supply and demand. If there is sufficient information to justify weekly reports, the Office of Export Administration may compile

reports on a monthly basis. In either instance the reports are published in the FEDERAL REGISTER.

(e) Confidentiality. The information obtained in the monitoring programs is subject to the confidentiality provisions of section 7(c) of the Export Administration Act of 1969, as amended.

(f) Control decisions. The information obtained through monitcring and contained in the reports is also used by the Department of Commerce in determining whether the export of the commodities subject to monitoring should be controlled.

(g) Other Applicable Provisions. To the extent consistent with the monitoring provisions of this part 377, the other portions of the Export Administration's regulations are applicable to such provisions, including the enforcement, recordkeeping and penalty provisions contained in parts 387 and 388 of this chapter.

(Sec. 4, Pub. L. 91-184, 83 Stat. 842 (50 U.S.C. App. 2403), as amended; E.O. 12002, 42 FR 35623 (1977); Department organization order 10-3, dated December 4, 1977, 42 FR 64721 (1977); and Industry and Trade Administration Organization and function order 45-1, dated December 4, 1977, 42 FR 64716 (1977))

[43 FR 47173, Oct. 13, 1978, as amended at 44 FR 30322, May 25, 1979]