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from the provisions of Part 211 of this chapter.

(2) Benzene, greases, hexane, lubricant base oil stocks, lubricants, special naphthas (solvents), toluene, unfinished oils, xylene and other finished products, as those terms are defined in § 212.31 of this chapter are exempt from the provision of Part 212 of this chapter.

(g)(1) Aviation turbine fuel (naphtha-base and kerosene-base) as defined in § 211.142 of this chapter is exempt from the provisions of Part 211 of this chapter.

(2) Aviation jet fuel as defined in § 212.31 of this chapter is exempt from the provisions of Part 212 of this chapter.

(h)(1) Aviation gasoline as defined in § 211.142 of this chapter is exempt from the provisions of Part 211 of this chapter.

(2) Aviation gasoline as defined in § 212.31 of this chapter is exempt from the provisions of Part 212 of this chapter.

(i)(1) Butane and the butane component of natural gas liquids is exempt from the provisions of Part 211 of this chapter.

(2) Butane as defined in § 212.31 of this chapter and the butane component of natural gas liquids is exempt from the provisions of Part 212 of this chapter.

(j)(1) Natural gasoline and the natural gasoline component of natural gas liquids is exempt from the provisions of Part 211 of this chapter.

(2) Natural gasoline as defined in § 212.31 of this chapter and the natural gasoline component of natural gas liquids is exempt from the provisions of Part 212 of this chapter.

(Emergency Petroleum Allocation Act of 1973, 15 U.S.C. 751 et seq., Pub. L. 93-159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L. 94385; Federal Energy Administration Act of 1974, 15 U.S.C. 787 et seq., Pub. L. 93-275, as amended, Pub. L. 94-332, Pub. L. 94-385, Pub. L. 95-70, and Pub. L. 95-91; Energy Policy and Conservation Act, 42 U.S.C. 6201 et seq., Pub. L. 94-163, as amended, Pub. L. ̧ 94-385, Pub. L. 95-70, Pub. L. 95-619, and Pub. L. 96-30; Department of Energy Organization Act, 42 U.S.C. 7101 et seq., Pub. L. 95-91; E.O. 11790, 39 FR 23185; E.O. 12009, 42 FR 46267)

[41 FR 13898, Apr. 1, 1976, as amended at 41 FR 24518, 24520, June 16, 1976; 41 FR 30098, July 22, 1976; 41 FR 44151, Oct. 7, 1976; 42 FR 4418, 4421, Jan. 25, 1977; 42 FR 5036, Jan. 27, 1977; 44 FR 7066, 7073, Feb. 5, 1979; 44 FR 70120, Dec. 6, 1979; 45 FR 74673, Nov. 10, 1980]

NOTE: The provisions of this section may be affected by Standby Regulation 210-1. Standby Regulation 210-1 appears in Appendix A to Part 210. For the convenience of the user, a table listing all Standby Regulations and sections affected appears in the Finding Aids section of this volume.

Subpart D-General Rules

§ 210.61 Retaliatory actions.

No firm (including an individual) may take retaliatory action against any other firm (including an individual) that files or manifests an intent to file a complaint of alleged violation of, or that otherwise exercises any rights conferred by the Act, any provision of this part, or any order issued under this chapter. For the purposes of this paragraph, "retaliatory action" means any action contrary to the purpose or intent of the Economic Stabilization Program or the Department of Energy and may include a refusal to continue or sell or lease, any reduction in quality, any reduction in quantity of services or products customarily available for sale or lease, any violation of privacy, any form of harassment, or any inducement of others to retaliate.

§ 210.62 Normal business practices.

(a) Suppliers will deal with purchasers of an allocated product according to normal business practices in effect during the base period specified in Part 211 for that allocated product, and no supplier may modify any normal business practice so as to result in the circumvention of any provision of this chapter. "Summer fill" programs and other "dating" or seasonal credit programs are among the normal business practices which must be maintained by a supplier under this paragraph, if that supplier had such programs in effect during the base period. Credit terms other than those associated with seasonal credit programs are included as a part of the May 15, 1973 price charged to a class

of purchaser under Part 212 of this Chapter. Nothing in this paragraph shall be construed to require suppliers to sell to purchasers who do not arrange proper credit or payments for allocated products, as customarily associated with that class of purchaser during the base period (for seasonal credit), or on May 15, 1973 (for other credit terms). However, except as otherwise expressly authorized by the Federal Reserve Board, no supplier may require or impose more stringent credit terms or payment schedules on purchasers than those in effect for that class of purchaser during the base period (for seasonal credit), or on May 15, 1973 (for other credit terms).

(b) No supplier shall engage in any form of discrimination among purchasers of any allocated product. For purposes of this paragraph, "discrimination" means extending any preference or sales treatment which has the effect of frustrating or impairing the objectives, purposes and intent of this chapter or of the Act, and includes, but is not limited to refusal by a retail marketer of motor gasoline or diesel fuel to furnish or sell any allocated product due to the absence of a prior selling relationship with the purchaser, or establishment of new volume purchase arrangements where customers of retailers agree in advance to purchase in excess of normal amounts of motor gasoline or diesel fuel and thereby receive preferential treatment.

(c) Any practice which constitutes a means to obtain a price higher than is permitted by the regulations in this chapter or to impose terms or conditions not customarily imposed upon the sale of an allocated product is a violation of these regulations. Such practices include, but are not limited to devices making use of inducements, commissions, kickbacks, retroactive increases, transportation arrangements, premiums, discounts, special privileges, tie-in agreements, trade understandings, falsification of records, substitution of inferior commodities or failure to provide the same services and equipment previously sold.

(d) Notwithstanding the provisions of this section:

(1) A retailer or reseller-retailer, which establishes its maximum lawful selling prices pursuant

to § 212.93(a)(2), in retail sales of gasoline may charge a fee for services offered for sale by the seller provided:

(i) The fee is not computed on a cents per gallon basis; and

(ii) The purchase of gasoline by the ultimate consumer is not contingent upon the purchase of any other service.

(2) A retailer or reseller-retailer, which establishes maximum lawful selling prices pursuant

to § 212.93(a)(2), shall not charge a fee to "pump" or dispense gasoline to the ultimate consumer.

(3) A retailer or reseller-retailer, which establishes maximum lawful selling prices pursuant to § 212.93(a)(2), in retail sales may offer discounts, premiums, and different commodities, services, credit terms or schedules, and equipment than previously offered or sold.

(Emergency Petroleum Allocation Act of 1973, 15 U.S.C. 751 et seq., Pub. L. 93-159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L. 94385; Federal Energy Administration Act of 1974, 15 U.S.C. 787 et seq., Pub. L. 93-275, as amended, Pub. L. 94-332, Pub. L. 94-385, Pub. L. 95-70, and Pub. L. 95-91; Energy Policy and Conservation Act, 42 U.S.C. 6201 et seq., Pub. L. 94-163, as amended, Pub. L. 94-385, and Pub. L. 95-70; Department of Energy Organization Act, 42 U.S.C. 7101 et seq., Pub. L. 95-91; E.O. 11790, 39 FR 23185; E.O. 12009, 42 FR 46267)

[39 FR 35509, Oct. 1, 1974, as amended at 45 FR 36361, May 30, 1980; 45 FR 40106, June 13, 1980]

§ 210.63 Sales of allocated product.

Quantities of an allocated product required by an allocation order to be sold shall be sold at the price for that substance on the date the order was issued or such other date specified in the order for this purpose.

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(a) General. Each firm subject to this part shall keep such records as are sufficient to demonstrate that the prices charged or the amounts sold by the firm are in compliance with the requirements of this part and shall maintain and preserve all records necessary to establish historical prices or volumes which serve as the basis for determining the lawful prices or volumes of any subsequent regulated transaction for the duration of the recordkeeping requirement which applies under paragraph (d) of this section, to records of that subsequent regulated transaction. Failure to maintain records to justify claims of unrecouped increased costs from periods in which the recordkeeping requirement under paragraph (d) of this section, has lapsed, except where a written stipulation has been entered into between the firm and the Economic Regulatory Administration setting forth the amounts of such costs, will result in the disallowance of such unrecouped increased costs upon audit.

(b) Inspection. Records required to be kept under paragraph (a) of this section, shall be made available for inspection at any time upon the request of a representative of the DOE.

(c) Justification. Upon the request of a representative of the DOE any firm which has filed a notice of a proposed price increase, increases a price pursuant to this subpart, or takes any action pursuant to the allocation provisions of this chapter, shall:

(1) Specify the records that it is maintaining to comply with this paragraph; and

(2) Justify that proposed price increase, increased price, or action pursuant to the allocation provision of this chapter.

(d) Period for keeping records. (1) Each firm required to keep records under this section shall, except as specified in paragraph (a) of this section, maintain and preserve those records for at least five years after the

day in which the relevant transaction or other events recorded in that record occurred, whichever is later. Notwithstanding the above, records maintained by crude oil producers and crude oil resellers and records of crude oil production, sale and resale activities of refiners shall be maintained and preserved for at least seven years after the day in which the relevant transaction or other events recorded in that record occurred whichever is later.

(2)(i) Any firm that is undergoing an audit by the Economic Regulatory Administration shall maintain and preserve records from all audited periods of time until the completion of the audit and the completion of its compliance with any subsequent administrative order issued as a result of that audit or with a final judicial decree, including, where applicable, a decree for the payment of civil penalties, whichever is later. An audit of a firm, including all product lines and time periods, shall be deemed to have begun with the mailing of a data statement (DATS) letter or similar letter indicating the beginning of an audit at any portion of the firm. An audit of one of the 34 major refiners is deemed to have commenced on December 4, 1977, the activation date of the Office of the Special Counsel for Compliance.

(ii) A firm, upon the completion of an audit and the performance of any remedial actions arising out of that audit, may petition the National Office of Enforcement, the Office of the Special Counsel for Compliance, or the Office of the Regional Director for Enforcement of the Economic Regulatory Administration, depending on which office performed the audit, for permission to be relieved of the record maintenance requirement for the time period audited. The granting of such permission shall be within the discretion of the Economic Regulatory Administration.

(3) "Firm" means a parent and the consolidated and unconsolidated entities (if any) which it directly or indirectly controls.

(Federal Energy Administration Act of 1974, Pub. L. 93-275, as amended; E.O. 11790, 39 FR 23185; E.O. 11930, 41 FR 32397; Energy

Policy and Conservation Act, Pub. L. 94-163; E.O. 11912, 41 FR 15825; Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565, E.O. 12009, 42 FR 46267)

[39 FR 35509, Oct. 1, 1974, as amended at 43 FR 27781, June 27, 1978]

APPENDIX A-STANDBY REGULATIONS

210-1

STANDBY PRODUCT PRICE AND
ALLOCATION REGULATIONS

1. To the extent and for the duration the Mandatory Petroleum Allocation and Price Regulations are reimposed upon any exempt product, this Special Rule supersedes and renders inoperative the relevant portions of § 210.35.

2. Unless otherwise ordered by the ERA Administrator,

(a) The reimposition of the Mandatory Petroleum Allocation or Price Regulations upon any exempt product shall be for a period ending not later than the last day of the third full calendar month following reimposition or such other period as the Administrator shall determine, and

(b) Special Rules No. 1 to Part 211 and Part 212 of this chapter shall remain in effect as to either a previously exempt or a previously controlled product for a period ending not later than the last day of the third full calendar month following the date they are made effective or such other period as the Administrator shall determine. (Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L. 94-385, Federal Energy Administration Act of 1974, Pub. L. 93-275, as amended, Pub. L. 94-385, and Pub. L. 9591; Energy Policy and Conservation Act, Pub. L. 94-163, as amended, Pub. L. 94-385; E.O. 11790, 39 FR 23185; Department of Energy Organization Act, Pub. L. 95-91; E.O. 12009, 42 FR 46267; Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95620)

[44 FR 3936, Jan. 18, 1979. Redesignated and amended at 44 FR 37939, June 29 1979]

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Subpart E-[Reserved]

Subpart F-Motor Gasoline

211.101 Scope.

211.102

211.103

Definitions.

Allocation levels.

211.104 Unusual growth adjustment.

211.105 Supplier/purchaser relationships.

211.106 Retail sales outlets.

211.107

211.108

Method of allocation.

Allocation of unleaded gasoline.

211.109 Procedures and reporting require

ments.

211.110 State waiver.

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APPENDIX A TO SUBPART L OF PART 211-REPORTING FORMS AND INSTRUCTIONS APPENDIX A-STANDBY REGULATIONS

211-1 STANDBY MANDATORY CRUDE OIL ALLOCATION AND REFINERY YIELD CONTROL PROGRAMS

211-2 STANDBY PRODUCT ALLOCATION REGULATIONS

AUTHORITY: Emergency Petroleum Allocation Act of 1973, P.L. 93-159; Federal Energy Administration Act of 1974, Pub. L. 93-275, E.O. 11790, 39 FR 23185.

SOURCE: 39 FR 35511, Oct. 1, 1974, unless otherwise noted.

EDITORIAL NOTE: Regulations in this part are affected by a document published at 44 FR 37938, June 29, 1979. See the redesignation table appearing in the Finding Aids section of this volume.

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Subpart A-General Provisions

§ 211.1 Scope.

(a) General. This part applies to the mandatory allocation of crude oil, residual fuel oil and refined petroleum products produced in or imported into the United States.

(b) Exclusions. (1) Exports of crude petroleum and petroleum products subject to Subchapter B of Chapter III of Title 15 of the Code of Federal Regulations are excluded from this part.

(2) Natural gas and ethane are also excluded from this part.

(3) Petroleum refinery products such as petroleum wax, petroleum coke, asphalt and road oil which are not crude oil, refined petroleum products, or residual fuel oil are excluded from this part.

(4) Notwithstanding the provisions of Subpart I of this part, residual fuel oil is excluded from this part.

(5) Notwithstanding the provisions of Subpart G of this part, No. 2 heating oil and No. 2-D diesel fuel, as defined in § 212.31 of this chapter, are excluded from this part.

(6) Notwithstanding the provisions of Subpart G of this part, No. 1 heating oil, No. 1-D diesel fuel, and kerosene, as defined in § 212.31 of this chapter, are excluded from this part.

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