time as specified by the Administrator and the sales obligation of such refiner-seller so relieved shall be distributed on a pro-rata basis among all remaining refiner-sellers.

"(iii) The ERA may (A) grant an emergency allocation to a refiner under this paragraph, (B) adjust any allocation or sales obligation shown on the buy/sell notice specified in paragraph (g) of this section or (C) issue one or more directed sales orders that would result in one or more refiner-sellers selling more than their published sales obligations for that allocation period pursuant to subparagraph (3) of paragraph (j) of this section, without issuing a supplemental buy/sell notice listing such emergency allocations, adjustments to allocations or increased sales obligations; provided, that, no such directed sale shall increase any refinerseller's sales obligation by more than twenty-five percent (25%) and any such directed sale amounts shall serve to reduce the refiner-seller's obligation in the next allocation period."

(b) Paragraph (i) is modified by revising subparagraph (4) to read as follows:

"(4) All crude oil sold pursuant to this section to refiners other than small refiners shall be priced in accordance with the provisions in standby Regulation 212-1 of Part 212. All crude oil sold pursuant to this section to small refiners whose DOE certified crude oil refining capacity is 50,000 barrels per day or less shall be priced in accordance with the provisions in § 212.94 of this chapter that were in effect on January 27, 1981. With respect to sales of crude oil pursuant to this section to refiners whose DOE certified crude oil refining capacity is greater than 50,000 barrels per day but less than 175,000 barrels per day, the Administrator may determine that either the provisions in § 212.94 of this chapter that were in effect on January 27, 1981 or the provisions in standby Regulation 212-1 of Part 212 shall apply."

OMB CONTROL No.: 1903-0074 for Standby Regulation 211-1, paragraphs 5(a)(4)(i), 5(i)(1), 6(b), and 6(c).

[46 FR 20512, Apr. 3, 1981, as amended at 46 FR 63209, Dec. 31, 1981]

PART 212-MANDATORY PETROLEUM PRICE REGULATIONS

Subpart A-General

Sec.
212.10 General rules.

Subpart D-Producers of Crude Oil 212.78 Tertiary incentive crude oil.

Subpart I-Prenotification and Reporting

Sec.
212.126 Reports.

212.127 Manner of reporting.

APPENDIX A TO PART 212-STANDBY REGULATIONS

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

§ 212.10 General rules. (a) [Reserved]

(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, as amended at 46 FR 20516, Apr. 3, 1981]

Subpart D-Producers of Crude Petroleum

§ 212.78 Tertiary incentive crude oil.

Annual prepaid expenses report. By January 31 of each year after 1980, the project operator with respect to any enhanced oil recovery project for which a report had been filed previously with DOE pursuant to paragraph (h)(2)(i) of this section as that

paragraph was in effect on January 27, 1981, shall file with DOE a report in which the operator shall certify to DOE (1) which of the expenses that had been reported previously to DOE pursuant to paragraph (h)(2)(i) of this section as that paragraph was in effect on January 27, 1981, were prepaid expenses; (2) the goods or services for which such expenses had been incurred and paid; (3) the dates on which such goods or services are intended to be used; (4) the dates on which such goods or services actually are used; (5) the identity of each qualified producer to which such prepaid expenses had been attributed; and (6) the percentage of such prepaid expenses attributed to each such qualified producer. An operator shall file an annual prepaid expenses report each year until it has reported the actual use of all the goods and services for which a prepaid expense had been incurred and paid. For purposes of this paragraph, a prepaid expense is an expense for any injectant or fuel used after September 30, 1981, or an expense for any other item to the extent that IRS would allocate the deductions (including depreciation) for that item to the period after September 30, 1981.

OMB CONTROL No.: 1903-0069.

[46 FR 43654, Aug. 31, 1981, as amended at 46 FR 63209, Dec. 31, 1981]

Subpart I-Prenotification and
Reporting

§ 212.126 Reports.

(a)-(c) [Reserved]

(d)(1) Resubmissions and refiling of reports by refiners. A refiner shall exercise due care and diligence in the preparation of cost allocation reports filed pursuant to this section. DOE will routinely accept resubmissions or refiling of such reports only within one year after the original filing or submission. Any entry contained in an otherwise timely report which purports to change or adjust retroactively an entry or allocation contained in a report previously filed or submitted shall be considered a refiling or resubmission for purposes of this paragraph and will not be given force or effect

absent compliance with the provisions of this paragraph.

(2) Exceptions. Notwithstanding the provisions of paragraph (d)(1) of this section, a refiner may resubmit or refile reports until June 1, 1979, for months of measurement beginning with September 1973; where expressly authorized by DOE regulation or order; or where DOE grants written permission to resubmit or refile for good cause shown.

(3) Applications to resubmit or refile. In any application for permission to resubmit or refile a report pursuant to paragraph (d)(2) of this section, DOE will not make a finding of good cause routinely. Where it appears that such a finding may adversely affect the interest of the consuming public, a firm must demonstrate in its application, at a minimum, that the claimed errors or omissions in the report or reports which the firm seeks to replace or modify did not result from a failure to exercise due care and diligence. Firms must apply for permission pursuant to paragraph (d)(2) of this section, in writing, to the DOE Office of Special Counsel for Compliance or Office of Enforcement, as appropriate. Applications to resubmit or refile must be accompanied by a written statement completely describing the proposed adjustments and the reasons therefor, and a numerical schedule which reflects both the previously submitted figures and the proposed adjusted figures. The appropriate DOE Office will dispose of each application in writing, with a concise statement of the reasons for granting or denying the application. The disposition of such an application shall be subject to appeal as an order under Subpart H of Part 205. (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. 94-332, Pub. L. 94-385, Pub. L. 95-70, and Pub. L. 95-91; Energy Policy and Conservation Act, Pub. L. 94-163, as amended, Pub. L. 94-385, and Pub. L. 9570; Department of Energy Organization Act, Pub. L. 95-91; E.O. 12009, 42 FR 46267)

[39 FR 1949, Jan. 15, 1974, as amended at 39 FR 7582, Feb. 27, 1974; 44 FR 14536, Mar. 13, 1979; 46 FR 20516, Apr. 3, 1981]

13-026 0-83--9

§ 212.127 Manner of reporting.

(a) Each report required under § 212.126 of this section shall be made by the parent in accordance with forms and instructions issued by the DOE.

(b) In filing reports pursuant to § 212.126, a parent shall submit data jointly for itself and its consolidated entities and separately for each unconsolidated entity having $10 million or more in annual sales or revenues.

APPENDIX A TO PART 212-STANDBY
REGULATIONS

STANDBY REGULATION 212-1-MANDATORY
ALLOCATED CRUDE OIL PRICING RULES

1. Scope. This Standby Regulation sets forth the rules for pricing of crude oil subject to the DOE's Standby Mandatory Crude Oil Allocation and Refinery Yield Control Programs.

2. Applicability. (a) This Standby Regulation is effective beginning on the day when Standby Regulation 211-1 becomes effective pursuant to paragraph 2(a) thereof.

(b) If the exemption in paragraph 3(a) of Standby Regulation 211-1 is applicable, the provisions in § 212.94 of this Part that were in effect on January 27, 1981 shall apply to sales of crude oil pursuant to Standby Regulation 211-1 to small refiners whose DOE certified crude oil refining capacity is 50,000 barrels per day or less. With respect to sales of crude oil pursuant to Standby Regulation 211-1 to refiners whose DOE certified refining capacity is greater than 50,000 barrels per day but less than 175,000 barrels per day, the Administrator may determine that either the provisions in section 212.94 of this Part that were in effect on January 27, 1981 or the provisions in this Standby Regulation shall apply.

(c) This Standby Regulation terminates when Standby Regulation 211-1 terminates.

3. (a) Definitions. For the purpose of this Standby Regulation all terms shall have the same meaning as they had for the provisions of 10 CFR section 211.65 that were in effect on January 27, 1981, except for the following terms:

"Administrator" means the Administrator of the Economic Regulatory Administration, Department of Energy.

"Allocation period" means a calendar month, except as otherwise ordered by the Administrator.

"Domestic crude oil" means crude oil produced in the United States or from the "Outer Continental Shelf" as defined in 43 U.S.C. section 1331, but excluding crude oil stored in, or owned and controlled by the

United States Government, in connection with the Strategic Petroleum Reserve.

"High sulfur crude oil" means crude oil the sulfur content of which is equal to or greater than 0.6% (six-tenths of one percent) by weight.

"Imported crude oil" means crude oil brought into the United States from a foreign country for consumption within the United States, but excluding crude oil stored in, or owned and controlled by the United States Government, in connection with the Strategic Petroleum Reserve.

"Low sulfur crude oil" means crude oil the sulfur content of which is less than 0.6% (six-tenths of one percent) by weight.

"Transportation expenses" means pipeline tariffs, water transportation and terminaling costs, exchange differentials, insurance and taxes paid to deliver the crude oil to the buyer's refinery or to the refinery designated by the buyer for processing the crude oil.

"United States" means the several states, the District of Columbia, Puerto Rico, the territories and possessions of the United States other than the Panama Canal Zone, and the Hawaiian Free Trade Zone.

(b) Rule. (1) For each allocation period, the price at which low sulfur and high sulfur crude oil shall be sold when required pursuant to Standby Regulation 211-1 shall not exceed the purchase cost to the seller as specified in subparagraph (2) of this paragraph (b), plus a handling fee of 25 cents per barrel and any transportation (including exchange differential), gravity, and sulfur content adjustments as specified in subparagraphs (3) through (5), respectively of this paragraph (b).

(2) The purchase cost to sellers of crude oil offered for sale pursuant to Standby Regulation 211-1 shall be:

(i) When the buyer has a DOE certified refining capacity of more than 50,000 barrels per day, the actual cost in an armslength transaction or the landed cost of acquiring the imported crude oil offered for sale, or the actual cost of domestic crude oil sold.

(ii) When the buyer has a DOE certified refining capacity of 50,000 barrels per day or less, the weighted average landed cost of all the seller's imported crude oil of the same sulfur content category (other than crude oil sold under paragraph (b)(2)(i) above) for the allocation period in which the sale is made, or where the seller has no purchases of imported crude oil in the month in which the sale is made, the actual cost of acquiring the domestic crude oil offered for sale.

(3) A price adjustment shall be made for transportation expenses for crude oil offered for sale pursuant to Standby Regulation 211-1 as follows:

(i) Where domestic crude oil (other than Alaskan crude oil sold to a buyer located in other than Alaska) is sold, the actual cost of transporting the domestic crude oil from:

(1) The wellhead, in the event the seller is also the producer of the crude oil so sold, or (2) The point of purchase or exchange in the event the seller acquires the crude oil so sold pursuant to a purchase or exchange, to the buyer's refinery;

(ii) Where Alaskan crude oil is sold to a buyer located other than in Alaska, the actual cost of transporting the Alaskan crude oil from the point of landing to the buyer's refinery;

(iii) Where imported crude oil is sold, the actual cost of transporting the imported crude oil from the United States port of entry to the buyer's refinery.

(4) A price adjustment shall be made for gravity differential of crude oil offered for sale under Standby Regulation 211-1 that is priced under paragraph (b)(2)(ii) of this Standby Regulation by adding to or subtracting from the price three cents per barrel (or as otherwise determined by the Administrator in light of prevailing market conditions) for each degree API that the crude oil being offered for sale is above or below, respectively, the weighted average degree API of the seller's imports of crude oil of the same sulfur content category.

(5) A price adjustment shall be made for sulfur content differential of crude oil offered for sale under Standby Regulation 211-1 that is priced under paragraph (b)(2)(ii) of this Standby Regulation by adding to or subtracting from the price three cents per barrel (or as otherwise determined by the Administrator in light of prevailing market conditions) for each one tenth of one percent that the sulfur content by weight of the crude oil being offered for sale is either below or above, respectively, the percentage representing the weighted average sulfur content of the seller's imported crude oil of the same sulfur content category.

(6) For purposes of the computations set forth in subparagraphs (4) and (5) of this paragraph, crude oil imported from Canada shall not be included.

(7) Each refiner making a purchase or sale pursuant to the provisions of Standby Regulation 211-1 shall maintain records for such sales, which shall be made available to the ERA upon request, listing the volumes and types of domestic and imported crude oil bought or sold, the purchase cost as defined in subparagraph (b)(2) of this standby regulation, and the actual sales price and transportation expenses incurred in transporting the domestic or imported crude oil to the buyer's refinery.

OMB CONTROL No.: 1903-0074 for Standby Regulation 212.1, paragraph 3(b)(7).

(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, 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. 94-91; E.O. 12009, 42 FR 46267) [46 FR 20517, Apr. 3, 1981, as amended at 46 FR 63209, Dec. 31, 1981]

plants;

213.9 Allocations; petrochemical Districts I-IV and District V. 213.10 Allocations based on exports. 213.11 Allocations of imports of crude oil and unfinished oils for conversion of heavy liquid feedstocks to petrochemicals-Districts I-IV and District V. 213.12 Allocations; refiners; Districts I-IV and the Virgin Islands.

213.13 Allocations; refiners; District V, Guam, and American Samoa.

213.15 Allocations of residual fuel oil-District I.

213.16 Finished products.

213.17 Emergency finished products allocations (Virgin Islands).

213.18 Emergency finished products allocation.

213.19 Maximum levels of imports-Puerto Rico.

213.20 Allocations of crude oil and unfinished oils Puerto Rico.

213.21 Allocations of finished productsPuerto Rico.

213.22 Use of imported crude oil and unfinished oils.

Sec. 213.29 Allocations of crude oil, unfinished

oils and finished products-Districts IIV, District V, Puerto Rico, the Virgin Islands, Guam, American Samoa, and Foreign Trade Zones-new, expanded or reactivated refinery capacity based upon estimated and actual inputs. 213.30 Allocations of crude oil and unfinished oils-Districts I-IV, District V, and Puerto Rico-new, expanded or reactivated "petrochemical capacity" based upon estimated and actual inputs. 213.31 Allocations of unfinished oils-Dis

tricts I-IV based on production of low sulphur residual fuel oil in Districts IIV.

213.32 Allocations of low sulphur residual fuel oil-District V.

213.33 Imports of unfinished oils from Canada-Districts I-IV.

213.34 Allocations of No. 2 fuel oil-District I.

213.35 Allocations and fee-paid licenses for imports of crude oil, unfinished oils and finished products.

213.36 Imports of unfinished oils from Canada-District V.

213.37 Mexican imports: Districts I-IV and District V.

213.39 Deferral of fees.

AUTHORITY: Federal Energy Administration Act of 1974, Pub. L. 93-275; Trade Expansion Act of 1962, Pub. L. 87-794; E.O. 11790, 39 FR 23185; Proclamation No. 3279, as amended, 38 FR 9645, 38 FR 16195, 39 FR 35103.

SOURCE: 39 FR 45275, Dec. 31, 1974, unless otherwise noted.

§ 213.1 Purpose.

These regulations implement Presidential Proclamation 3279, "Adjusting Imports of Petroleum and Petroleum Products into the United States," dated March 10, 1959, as amended, by providing for the discharge of the responsibilities imposed upon the Administrator of the Department of Energy (DOE).

§ 213.2 Administration of program.

The Director, Oil Imports, has been empowered to exercise the authority conferred upon the Administrator by Proclamation No. 3279, as amended.

§ 213.3 Allocation periods.

(a) Except as provided in § 213.10, and § 213.28, allocations will be made for the period beginning July 1, 1979 through April 30, 1980 unless the Sec

retary makes the finding provided for in paragraph (c) of this section with respect to all types of petroleum encompassed by an allocation in which case the allocation period for such an allocation shall be as set forth in paragraph (c) of this section.

(b) Allocation periods for allocations made pursuant to § 213.10, and

§ 213.28, shall be as provided for in those sections.

(c) In the event the Secretary makes a finding which defers re-imposition of the fee with respect to all types of petroleum encompassed by an allocation, the allocation period for such an allocation shall commence on January 1, 1980 and extend through April 30, 1980, unless the Secretary makes a second such finding in which case no such allocations shall be issued.

[44 FR 24050, Apr. 24, 1979]

§ 213.4 Eligibility for allocations not subject to license fees.

(a) To be eligible for an allocation not subject to license fees of imports into Districts I-IV, into District V, Puerto Rico, Guam, American Samoa, the Virgin Islands, or a foreign trade zone of crude oil and unfinished oils, a person must (1) have either refinery capacity or a petrochemical plant in the respective districts, Puerto Rico, territories or foreign trade zone and (2) have had refinery inputs or petrochemical plant inputs in the respective districts, Puerto Rico, territories, or foreign trade zone for the year ending three months prior to the beginning of the allocation period for which the allocation is requested.

(b) To be eligible for an allocation not subject to license fees of imports into Puerto Rico of crude oil and unfinished oils pursuant to § 213.20 a person must have had refinery capacity in Puerto Rico during calendar year 1964.

(c) To be eligible for an allocation not subject to license fees of imports into Puerto Rico of finished products, other than residual fuel oil to be used as fuel, a person must have imported such products into Puerto Rico during the last half of the calendar year 1958.

(d) To be eligible for an allocation not subject to license fees of imports