chasers which are entitled to receive motor gasoline from that supplier and which desire to purchase unleaded gasoline.

(ii) Any supplier with a motor gasoline allocation fraction less than or equal to one (1.0) which has a supply of unleaded gasoline that none of its purchasers entitled to receive motor gasoline from that supplier desire to purchase shall notify DOE and may dispose of such supply in accordance with the provisions of § 211.10(f)(2).

(4) The total volume of leaded and unleaded gasoline which a supplier allocates to a purchaser for a period which corresponds to a base period shall equal the total amount of motor gasoline which the supplier could otherwise allocate to that purchaser pursuant to this subpart without regard to the provisions of this section.

(5) Any purchaser which has been notified that its supplier will not supply it with unleaded gasoline and which with reasonable diligence cannot otherwise obtain a supply of unleaded gasoline under the provisions of this part, may apply to the appropriate DOE Regional Office in accordance with Subpart C of Part 205 of this chapter for assignment of a supplier of unleaded gasoline.

(6) DOE may require recipients of assigned quantities of unleaded gasoline to provide leaded gasoline in exchange for the assigned product.

(d) Apportionment among retail sales outlets. Notwithstanding the provisions of § 211.106(b), entities operating two or more retail sales outlets may apportion their entitlements of unleaded gasoline for those outlets between and among those retail sales outlets without restriction: Provided, That no retail sales outlets shall be supplied a total volume of motor gasoline (leaded and unleaded) which exceeds the total amounts of motor gasoline which the supplier could otherwise allocate to that retail sales outlet pursuant to this subpart without regard to the provisions of this section.

(e) Prime suppliers. Prime suppliers shall make available in their State setaside a ratio of unleaded gasoline to all motor gasoline equal to their allocation ratio.

(f) Relationship to EPA regulations. Nothing in this section shall be interpreted to supersede any regulation concerning unleaded gasoline issued by the Environmental Protection Agency.

[39 FR 35511, Oct. 1, 1974, as amended at 39 FR 36320, Oct. 9, 1974]

§ 211.109 Procedures and reporting requirements.

(a) All applications for adjustment or assignment of motor gasoline shall be filed with the appropriate State Office or DOE Regional Office in accordance with Subparts B and C of Part 205, respectively, of this chapter. All other matters pertaining to the allocation of motor gasoline shall be addressed to the appropriate DOE Regional Office at the address provided in § 212.12, unless otherwise specified.

(b) The general reporting and recordkeeping requirements contained in Subpart L of this part shall apply to this subpart.

(c) An application for an assignment under the state set-aside system, as provided in § 211.17, for hardship or emergency requirements shall be submitted to the appropriate State Office in accordance with the procedures established in Subpart Q of Part 205 of this chapter.

§ 211.110 State waiver.

Notwithstanding any other provision of this part, in the event that the Governor of a particular State finds that within that State or within a particular area of that State a significant number of retail sales outlets of motor gasoline have voluntarily curtailed motor gasoline sales and the Governor finds such curtailment is likely to cause serious harm or injury to the public health, safety or welfare of that

area

(a) The Governor may (1) prescribe the minimum days and/or minimum hours during which each retail sales outlet within that State or affected area of that State must sell gasoline and, further, require each retail outlet to display prominently the days and hours during which it sells gasoline; (2) require each firm which is a supplier of motor gasoline within the State

affected to submit to the Governor a list of retail sales outlets to which it supplies motor gasoline, amounts of undelivered motor gasoline by each retail sales outlet for that month, and such other information as the Governor deems necessary to carry out the provisions of this Section; and/or (3) reallocate to all or some outlets which are not voluntarily curtailing gasoline sales all or a portion of those volumes of motor gasoline which would have been delivered to those outlets which are voluntarily curtailing sales of motor gasoline.

(b) Any supplier of motor gasoline to that State (1) shall continue to make available for consumption within that State those volumes of motor gasoline which would have been made available if no voluntary curtailment of sales had occurred; (2) where ordered by the Governor, shall not deliver any volumes of motor gasoline to any outlet which does not sell motor gasoline during posted days and hours of operation as prescribed by the Governor until such outlet presents to the supplier a copy of a certification to the Governor that the outlet is presently selling gasoline during posted days and hours as prescribed by the Governor; (3) in the absence of redirection by the Governor, may redirect to outlets which are selling motor gasoline during posted days and hours as prescribed by the Governor all or a portion of those volumes of motor gasoline intended for delivery to outlets which are not selling motor gasoline during posted days and hours of operation as prescribed by the Governor; and (4) shall take no action which will frustrate the efforts of the Governor of any State under this section.

(c) Any volumes of motor gasoline received by a retail sales outlet pursuant to this section shall not be counted against its allocation entitlement, and any volumes not delivered to a retail sales outlet in a particular month pursuant to this section shall be subtracted from that month's allocation entitlement for that retail sales outlet.

(d) Any supplier which redirects volumes of motor gasoline pursuant to any provision of this paragraph shall not be deemed to have incurred a new

supply obligation under any other provisions of this part;

(e) For purposes of this rule, the term "Governor" includes the Governors of the 50 States, and the Chief executive officers of the District of Columbia, Puerto Rico, and the territories and possessions of the United States, other than the Panama Canal Zone;

(f) The findings by the Governor shall remain in effect until he revokes them or until such earlier time as may be determined by ERA.

(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.)

[44 FR 41162, July 13, 1979]

accordance with the provisions of § 211.10. End-users and wholesale purchaser-consumers which are entitled to purchase middle distillate fuels under an allocation level not subject to an allocation fraction shall receive first priority and be supplied sufficient amounts to meet 100 percent of their allocation requirements. End-users and wholesale purchaser-consumers which are entitled to purchase middle distillate fuels under an allocation level subject to reduction by application of an allocation fraction shall receive second priority.

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

(1) Agricultural production;

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

(3) Space heating requirements of medical and nursing buildings.

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

(iii) Manufacture of ethical drugs and related research;

(iv) Sanitation services;

(v) Telecommunications services; (vi) Passenger transportation services;

(vii) Cargo, freight, and mail hauling except as set forth elsewhere in this section;

(viii) Aviation ground support vehicles and equipment;

(ix) Nonmilitary marine shipping, both foreign and domestic (except cruise ships carrying passengers for recreational purposes). Sales to vessels engaged in the foreign trade of the United States shall be made on a nondiscriminatory basis in regard to flag registration, subject to modification by the DOE following consultation with appropriate Federal agencies on a case-by-case basis if required to encourage reciprocal nondiscriminatory allocation of middle distillate fuels in foreign ports to vessels engaged primarily in the foreign trade of the United States;

(x) Industrial use, except for space heating requirements;

(xi) Petrochemical feedstock use; and

(xii) Start-up, standby, testing and flame stabilization for electric utilities.

(2) One hundred ten (110) percent of base period use (as reduced by application of an allocation fraction) for space heating requirements, except that whenever the allocation fraction of a supplier which supplies end-users and wholesale purchaser-consumers pursuant to this allocation level is less than 0.8, that supplier shall supply the space heating requirements of those end-users and wholesale purchaser-consumers at an allocation level of eighty-eight (88) percent of base period use, not subject to an allocation fraction.

(3) One hundred (100) percent of base period use (as reduced by application of an allocation fraction) for the following uses:

(i) Synthetic natural gas plant feedstock use;

(ii) Electric utilities; and

(iii) All other non-space heating

uses.

[39 FR 35511, Oct. 1, 1974, as amended at 39 FR 39022, Nov. 5, 1974]

NOTE: The provisions of this section may be affected by Standby Regulation 211-2. Standby Regulation 211-2 appears in Appendix A to Part 211. For the convenience of the user, a table listing all Standby Regulations and sections affected appears in the Finding Aids section of this volume.

§ 211.124 Energy conservation.

(a) Notwithstanding the provisions of § 211.21, no end-user middle distillate fuels for space-heating requirements shall be required to certify to its supplier that it has an energy conservation program in effect.

(b)(1) Suppliers of middle distillate fuels to end-users and wholesale purchaser-consumers for space heating requirements shall have in effect a program of energy conservation education. As part of such program, the supplier shall communicate in writing at least twice during each heating season to its purchasers of middle distillate fuels for space heating purposes the need for conservation of middle distil

late fuels and ways in which such fuels can be conserved.

(2) Suppliers required to have in effect an energy conservation education program under this paragraph shall certify to the appropriate DOE Regional Office at the address provided in § 205.12, by December 31, 1974, that they have such a program in effect, and shall submit a copy of any written communication used. The DOE Regional Offices will be available to assist all suppliers in developing such a program.

[39 FR 39022, Nov. 5, 1974]

§ 211.125 Supplier/purchaser relationships and adjustments to base period use for electric utilities.

(a) Unless otherwise specified, the provisions of §§ 211.9 through 211.13 apply to this subpart.

(b) Electric utilities may apply to the National DOE for adjustments to base period use. Applications under this paragraph shall be fully supported by detailed facts, figures and other documentation, including the following information:

(1) The name and address of each base period supplier;

(2) The amounts of middle distillate supplied by each supplier during each base period; and

(3) All information relating to any adjustments or assignments which have been made by DOE. DOE may consult with appropriate Federal agencies in processing such applications. Adjustments under this paragraph will be granted only in exceptional cases to maintain reliability of electric service.

(c) The DOE may at any time adjust downward the base period use of an electric utility, provided that the adjustment does not result in a base period use which is less than the utility's base period volume. The DOE shall notify the utility and the affected supplier of any such adjustment. In making such an adjustment, the DOE may consider, but is not limited to the following:

(1) The addition or phasing out of generating units;

(2) Ability, within appropriate groupings, to absorb equal percentage cutback in middle distillate supply;

(3) Ability to utilize non-oil based energy;

(4) System reserve capacity;

(5) Available energy from imports; (6) Minimum level of consumption, which cannot be supplied by non-oil fired generation, determined essential to the system by the Federal Power Commission;

(7) Interruptible natural gas contracts and curtailments; and

(8) Middle distillate inventory held by a utility.

[39 FR 39022, Nov. 5, 1974]

NOTE: The provisions of this section may be affected by Standby Regulation 211-2. Standby Regulation 211-2 appears in Appendix A to Part 211. For the convenience of the user, a table listing all Standby Regulations and sections affected appears in the Finding Aids section of this volume.

§ 211.126 Method of allocation.

(a) The initial State set-aside level for middle distillate fuels for a particular month and state is four (4) percent of a prime supplier's estimated portion of its total supply for that month which will be sold into the state's distribution system for consumption within the State. Subsequent adjustments to the percentage unit will be published by the DOE.

(b) Allocation of middle distillate fuels shall be made as specified in § 211.10. Provisions to adjust a wholesale purchaser's base period volume are specified in § 211.13. New wholesale purchasers and end-users are subject to the requirements of § 211.12.

[39 FR 35511, Oct. 1, 1974, as amended at 39 FR 39023, Nov. 5, 1974]

distillate fuels to utility users shall be addressed DOE National Office at the address provided in § 205.12, unless otherwise specified, and to the Chairman, Federal Power Commission.

(b) The general reporting and recordkeeping requirements contained in Subpart L of this part apply to this subpart.

(c) Applications for assignment from the state set-aside system for hardship or emergency requirements shall be submitted to the appropriate State Office in accordance with the procedures established in Subpart Q of Part 205 of this chapter.

[39 FR 39023, Nov. 5, 1974, as amended at 39 FR 40010, Nov. 13, 1974]

For the purposes of this subpart— “Agricultural production flying” means the use of general aviation aircraft under 14 CFR Parts 91, 133, and 137 in agricultural production, including seeding, spraying, fertilizing, and dusting of food and forestry crops by air, the use of aircraft by those engaged in agricultural production to transport priority supplies and personnel to sustain or increase crop and animal yields, to transport crop, forestry, and animal products to distribution points, and in commercial fishing. “Air taxi”—See "Other air carrier." "Air travel club flying" means any use of aircraft operated under 14 CFR Part 123. "Aircraft

manufacturing

uses"

means the consumption of aviation fuels for aircraft production, major overhaul of aircraft, static and flight

testing of aircraft and components, the ferrying of aircraft from the manufacturer, and initial type aircraft certification training provided by the manufacturer for the purchaser.

“Aviation fuels” means aviation gasoline and aviation turbine fuel.

"Aviation gasoline" means petroleum based fuels designed for use in aircraft internal combustion engines, and complying with MIL-G-5572 specification (ASTM-specification D-91070).

“Aviation turbine fuel” means all refined petroleum fuel designed to operate aircraft turbine engines. The basic specification is ASTM D-1655 which covers both Type A (kerosene base) and Type B (naphtha base).

"Base period" means (a) the calendar month of 1972 corresponding to the current month; and (b) after March 31, 1974, the calendar quarter of 1972 corresponding to the current quarter.

"Base period supplier" means for an international air carrier its base period supplier of bonded or non-bonded aviation fuel or its supplier or assigned by DOE.

"Base period volume" means for an international air carrier the volume of bonded and non-bonded aviation fuels purchased by an international air carrier during a base period.

"Business flying" means any use of aircraft under 14 CFR Parts 91 and 133 by a firm for the purpose of transportation required by a business in which it is engaged and for the purpose of transporting its employees and/or property. Business flying includes such aerial uses as photography, advertising, survey and helicopter operations.

“Civil air carrier" means (a) a domestic, supplemental, and scheduled cargo air carrier; (b) an international air carrier; (c) an intrastate air carrier; (d) a local service air carrier; or (e) other air carrier.

"Commercial operator" see "Other air carrier."

"Commuter air carrier" see "Other air carrier."

"Current requirements" means current requirements as defined in § 211.51, except that as to a fixed base operator, current requirements means