termine the amounts to be delivered and the date or dates for delivery.

(3) Suppliers and utilities may apply to the ERA for adjustment to the requirement of § 211.163 and paragraph (d)(1)(i) of this section, or assignment of a new supplier, in accordance with Subparts B and C, respectively, of Part 205 of this chapter.

(4) Utilities may, and are encouraged to, by mutual agreement and after notice to ERA, apportion their respective allocated residual fuel oil volumes, other fuel volumes, or generated power among themselves.

(w) Section 211.167 may be amended by revising subparts (a) and (b) to read as follows:

§ 211.167 Procedures and reporting requirements.

(a) All matters pertaining to the allocation of residual fuel oil for the electric industry shall be addressed to the ERA National Office, at the address provided in § 205.12. Applications for adjustment and assignment of residual fuel oil for the electric utilities shall be filed in accordance with Subparts B and C, respectively, of Part 205 of this chapter.

(b) All matters pertaining to the allocations of residual fuel oil to non-utility users of residual fuel oil shall be addressed to the appropriate ERA Regional Office at the address provided in § 205.12. Applications for adjustment and assignment of residual fuel oil to non-utility users of residual fuel oil shall be filed in accordance with Subparts B and C, respectively, of Part 205 of this chapter.

(x) Section 211.182 may be amended by revising the definition of "base period" and "naphthas" to read as follows:

§ 211.182 Definitions.

For purposes of this subpart

"Base Period" means the calendar quarter corresponding to the current calendar quarter of the 12-month period ending with the second full month prior to the month in which the Administrator issues an order effectuating the Special Rule, or such other 12-month period as the Administrator should consider appropriate.*

"Naphthas" mean petroleum fractions made up predominantly of hydrocarbons whose boiling points fall within the temperature range of 85° to 430°F, excluding natural gasoline and condensates. This definition does not include specific hydrocarbon constituents such as hexane or special naph

thas (solvents) or other products which are separately allocated.

(y) Section 211.183 may be amended by revising paragraphs (a), (b) and adding paragraph (c) to read as follows:

(a) General. The allocation levels in this paragraph apply only to allocations made by suppliers to wholesale purchaser-consumers and end-users. Suppliers shall first allocate one hundred (100) percent of the allocation requirements of all their purchasers entitled to an allocation under this part without application of an allocation fraction. Suppliers may then dispose of the remainder of their total supply in accordance with the provisions of § 211.10(g). The allocation levels listed below are not arranged in sequence of priority. Suppliers shall distribute available supplies of naphthas and gas oils to all classifications of purchasers listed in the following allocation levels without regard to order of listing.

(b) Allocation levels (not subject to an allocation fraction). One hundred (100) percent of current requirements for the following uses:

(1) Agricultural production and

(2) Department of Defense use as specified in § 211.26.

(c) Allocation levels (subject to an allocation fraction). One hundred (100) percent of base period use for the following uses: (1) Petrochemical feedstock uses;

(2) Synthetic natural gas feedstock use or plant fuel use;

(3) Gasoline blending and manufacturing; and

(4) All other uses

(z) Section 211.185, paragraph (a) may be amended to read as follows:

§ 211.185 Method of allocation.

(a) The provisions of § 211.10 shall apply to this subpart.

(aa) Section 211.186 may be amended by revising paragraphs (a), (b) and (c) to read as follows:

§ 211.186 Procedures and reporting requirements.

(a) All refiners and importers shall report in accordance with forms and procedures to be issued by DOE.

(b) The provisions contained in Subpart L of this part shall not apply to this subpart except §§ 211.223 and 211.225.

(c) All applications for adjustment or assignment of naphthas and gas oils shall be filed with the DOE National Office in accordance with Subparts B and C, respective

ly, of Part 205 of this chapter, except that applications pertaining to synthetic natural gas production shall accord with § 211.29. All other matters pertaining to allocation of naphthas and gas oils shall be addressed to the DOE National Office at the address provided in § 205.12.

(bb) Section 211.202 may be amended by revising the definition of "base period", "greases", "lubricants" and "wholesale purchaser-consumer" to read as follows:

§ 211.202 Definitions.

For purposes of this subpart"Base Period" means the calendar quarter corresponding to the current calendar quarter of the 12-month period ending with the second full month prior to the month in which the Administrator issues an order effectuating the Special Rule, or such other 12-month period as the Administrator should consider appropriate.

"Greases" means petroleum lubricating products which are solid or semifluid, produced through a refining process or dispersion of a thickening agent in a liquid petroleum lubricant. * *

*

"Lubricants" means all grades of lubricating oils designed to be used for lubricating purposes in industrial, commercial and automotive use without further modification, including lubricating oils that have been blended with additives, provided that refined petroleum products comprise more than 10 percent of the blend by weight.

"Wholesale purchaser-consumer" means any firm that is an ultimate consumer which, as part of its normal business practices, purchases or obtains an allocated product from a supplier and receives delivery of that product into storage substantially under the control of that firm at a fixed location and purchased or obtained more than 20,000 gallons of lubricants, 10,000 pounds of greases or 55,000 gallons of any other product subject to this subpart in any completed base period year.

(cc) Section 211.203, paragraph (c) may be amended to read as follows: § 211.203 Allocation levels.

(c) Allocation levels subject to an allocation fraction. (1) One hundred (100) percent of current requirements (as reduced by the application of an allocation fraction) for the following uses:

(i) Emergency service;

(ii) Energy production;

(iii) Sanitation services;

(iv) Passenger transportation services;

(2) One hundred (100) percent of base period use for:

(i) Chemical processing;

(ii) Petrochemical feedstock use; (iii) Industrial use;

(iv) Synthetic natural gas plant feedstock use; and

(v) Blending and compounding of lubricants.

(3) Ninety (90) percent of base period use for:

(i) Gasoline blending and manufacturing; and

(ii) All other uses.

(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]

(v) Telecommunications services; and

(vi) Cargo, freight and mail hauling.

Subpart D-Producers of Crude Oil

212.71 Applicability.

212.182

Definitions.

212.183 Price rule.

212.184

Inventory rule.

212.185 Corrections for overcharges.

212.186 Layering.

212.187 Recordkeeping and reporting.

212.188 Depreciation.

APPENDIX A TO PART 212-STANDBY REGULATIONS

212-1 MANDATORY ALLOCATED CRUDE OIL PRICING RULES

212-2 STANDBY PRODUCT PRICE REGULATIONS

APPENDIX B TO PART 212-SPECIAL RULE NO. 2-END USER MINIMUM PURCHASE RULE AUTHORITY: Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159, E.O. 11748, 38 FR 33577; Economic Stabilization Act of 1970, as amended, Pub. L. 92-210, 85 Stat. 743; Pub. L. 93-28, 87 Stat. 27; E.O. 11748, 38 FR 33575; Cost of Living Council Order Number 47, FR 24, unless otherwise noted. SOURCE: 39 FR 1949, Jan. 15, 1974, unless otherwise noted.

NOMENCLATURE CHANGES: 40 FR 40820, Sept. 4, 1975; 41 FR 36184, Aug. 26, 1976.

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.

Subpart A-General

§ 212.1 Scope.

(a) This part sets forth the price rules for firms engaged in the production and sale of covered products and the leasing of real property used in

the retailing of gasoline, effective 11:59 p.m., e.s.t., January 14, 1974.

(b) The price rules of the Economic Stabilization Program, Title 6 of the Code of Federal Regulations, remain effective until 11:59 p.m., d.s.t., January 14, 1974 with respect to sales of covered products and the leasing of real property used in the retailing of gasoline.

(c) Price renegotiation provisions in price or rent contracts which depend for their operation upon the modification or termination of the Economic Stabilization Program, were previously declared to be inoperative as unreasonably inconsistent with the goals of the Economic Stabilization Program. Such renegotiation provisions continue to be inoperative as unreasonably inconsistent with the goals of both the Economic Stabilization Program and the Department of Energy. This part shall not operate to permit:

(1) A retroactive increase in prices or rents for goods or services sold or leased while those prices or rents were subject to past or present provisions of 6 CFR, or

(2) A prospective increase in prices or rents under the terms of a contract subject to a decision and order issued at any time pursuant to Title 6, except to the extent consistent with such decision and order.

(d) Any report required to be filed with the Cost of Living Council under 6 CFR, or any rule, order or regulation of the Council in effect on January 14, 1973 for any reporting period which ended on or before that date and which was not filed by that date, shall be filed with the Cost of Living Council in the form and within the time in which it would have been filed pursuant to Title 6. Forms required to be completed and placed among the records of a firm on a quarterly basis pursuant to Title 6 for any quarter which ended prior to January 14, 1974, shall be completed and filed among the firm's records in the form and within the time in which it would have been required to be so filed pursuant to Title 6.

[39 FR 1949, Jan. 15, 1974, as amended at 39 FR. 6532, Feb. 20, 1974; 40 FR 2795, Jan. 16, 1975]

(a) No firm (including an individual) may charge a price for any covered product which exceeds the maximum price at which that product is permitted to be sold to the class of purchaser concerned under this part.

(b) No firm (including an individual) may knowingly pay a price for any covered product which exceeds the maximum price at which that product is permitted to be sold to the class of purchaser concerned under this part.

(c) Paragraph (b) of this section does not apply to the purchase of a covered product under circumstances of economic or other coercion in which the purchaser, because of its need for that product, had no reasonable alternative but to pay the unlawful price and he promptly reports the payment of the unlawful price to the Department of Energy.

[40 FR 60037, Dec. 31, 1975]

turbojet and turboprop aircraft engines, primarily by the military.

"Aviation fuels" means aviation fuel (kerosene-type), aviation fuel (naphtha-type), and aviation gasoline.

"Aviation gasoline" means all of the various grades of aviation gasoline as defined in ASTM D910-70.

"Aviation jet fuel" means aviation fuel (kerosene-type) and aviation fuel

(naphtha-type).

"Benzene" means an aromatic hydrocarbon whose chemical composition is predominantly C.H。.

"Butane" means a hydrocarbon whose chemical composition is predominantly C.H10, whether recovered from natural gas or crude oil.

"Ceiling price" means the ceiling price determined pursuant to § 212.73 with respect to domestic crude oil.

"Class of purchaser” means purchasers to whom a person has charged a comparable price for comparable property or service pursuant to customary price differentials between those purchasers and other purchasers.

"Consignee agent" means a firm which distributes covered products to purchasers pursuant to a contractual arrangement with a refiner under which the refiner retains title to the covered products and specifies the prices to be paid by the purchaser and under which the refiner pays the consignee agent a commission based on the volume of covered products distributed by the consignee agent.

"Covered products" means crude oil, gasoline, natural gas liquids and propane. A blend of two or more particular covered products is considered to be that particular covered product constituting the major portion of the blend. A blend of one or more covered products with one or more non-petroleum-based products is a covered product if the covered product or products constitutes more than 50 percent by volume of the blend, and is that covered product which is the most predominant by volume in the blend.

"Crude oil" means a mixture of hydrocarbons that existed in liquid phase in underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities. "Crude oil" includes condensate recovered in associated

or

non-associated production by mechanical separators, whether located on the lease, at central field facilities, or at the inlet side of a gas processing plant.

"Customary price differential" includes a price distinction based on a discount, allowance, add-on, premium, and an extra based on a difference in volume, grade, quality, or location or type of purchaser, or a term or condition of sale or delivery.

"Domestic crude oil" means crude oil produced in the United States or from the "outer continental shelf" as defined in 43 U.S.C. 1331.

"Ethane" means a hydrocarbon whose chemical composition is C2H..

"Firm" means any association, company, corporation, estate, individual, joint-venture, partnership, or sole proprietorship or any other entity however organized including charitable, educational, or other eleemosynary institutions, and the Federal government including corporations, departments, Federal agencies, and other instrumentalities, and State and local governments. The DOE may, in regulations and forms issued in this part, treat as a firm: (1) A parent and the consolidated and unconsolidated entities (if any) which it directly or indirectly controls, (2) a parent and its consolidated entities, (3) an unconsolidated entity, or (4) any part of a firm.

"Fiscal quarter" means the fiscal quarter of the firm to which a regulation containing the term applies.

"Fiscal year" means the fiscal year of the firm to which a regulation containing the term applies. It is a consecutive 12-month period constituting an accounting year.

"Fixed base operator" means a firm which maintains facilities at an airport for the purpose of (1) engaging in the retail sale of aviation fuels primarily to purchasers other than (a) scheduled or supplemental air carriers certificated by the Civil Aeronautics Board pursuant to 49 U.S.C. 1371 or (b) the Department of Defense; and (2) performing one or more of the following general aviation activities: (a) Aircraft maintenance, servicing, parking, tiedown, storage and other aircraft services; (b) baggage and cargo handling and other passenger/freight services;