cfr_sections
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15 rows where part_number = 218 and title_number = 10 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:3.0.1.1.11.1.9.1 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | A | Subpart A—General Provisions | § 218.1 Purpose and scope. | DOE | (a) This part implements section 251 of the Energy Policy and Conservation Act (Pub. L. 94-163) (42 U.S.C. 6271), as amended, which authorizes the President to take such action as he determines to be necessary for performance of the obligations of the United States under chapters III and IV of the Agreement on an International Energy Program (TIAS 8278), insofar as such obligations relate to the mandatory international allocation of oil by International Energy Program participating countries. (b) Applicability. This part applies to any firm engaged in producing, transporting, refining, distributing or storing oil which is subject to the jurisdiction of the United States. | ||||
| 10:10:3.0.1.1.11.1.9.2 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | A | Subpart A—General Provisions | § 218.2 Activation/Deactivation. | DOE | (a) This rule shall take effect providing: (1) The International Energy Program has been activated; and, (2) The President has transmitted this rule to Congress, has found putting such rule into effect is required in order to fulfill obligations of the United States under the International Energy Program and has transmitted such a finding to the Congress together with a statement of the effective date and manner for exercise of such rule. (b) This rule shall revert to standby status no later than 60 days after the deactivation of the emergency allocation system activated to implement the International Energy Program. | ||||
| 10:10:3.0.1.1.11.1.9.3 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | A | Subpart A—General Provisions | § 218.3 Definitions. | DOE | DOE means the Department of Energy established by the Department of Energy Organization Act (Pub. L. 95-91), and includes the Secretary of Energy or his delegate. EPCA means the Energy Policy and Conservation Act (Pub. L. 94-163), as amended. 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 ERA may, in regulations and forms issued in this part, treat as a firm: (a) A parent and the consolidated and unconsolidated entities (if any) which it directly or indirectly controls, (b) a parent and its consolidated entities, (c) an unconsolidated entity, or (d) any part of a firm. IEA means the International Energy Agency established to implement the IEP. IEP means the International Energy Program established pursuant to the Agreement on an International Energy Program signed at Paris, France, on November 18, 1974, including (a) the Annex entitled “Emergency Reserves”, (b) any amendment to such Agreement that includes another nation as a Party to such Agreement, and (c) any technical or clerical amendment to such Agreement. International energy supply emergency means any period (a) beginning on any date that the President determines allocation of petroleum products to nations participating in the IEP is required by chapters III and IV of the IEP and (b) ending on a date on which he determines such allocation is no longer required. Oil means crude oil, residual fuel oil, unfinished oil, refined petroleum product and natural gas liquids, which is owned or controlled by a firm, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States but excludes any oil stored in or owned and controlled by t… | ||||
| 10:10:3.0.1.1.11.2.9.1 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | B | Subpart B—Supply Orders | § 218.10 Rule. | DOE | (a) Upon the determination by the President that an international energy supply emergency exists, firms engaged in producing, transporting, refining, distributing, or storing oil shall take such actions as are determined by the DOE to be necessary for implementation of the obligations of the United States under chapters III and IV of the IEP that relate to the mandatory international allocation of oil by IEP participating countries. (b) Any actions required in accordance with paragraph (a) of this section shall be stated in supply orders issued by DOE. (c) No firm to which a supply order is issued shall be required to comply with such order unless the firm to which the oil is to be provided in accordance with such supply order has agreed to a procedure for the resolution of any dispute related to the terms and conditions of the sale undertaken pursuant to the supply order. The means for resolving any such disputes may include any procedures that are mutually acceptable to the parties, including arbitration before the IEA if the IEA has established arbitration procedures, arbitration or adjudication before an appropriate body, or any other similar procedure. | ||||
| 10:10:3.0.1.1.11.2.9.2 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | B | Subpart B—Supply Orders | § 218.11 Supply orders. | DOE | (a) A supply order shall require that the firm to which it is issued take actions specified therein relating to supplying the stated volume of oil to a specified recipient including, but not limited to, distributing, producing, storing, transporting or refining oil. A supply order shall include a concise statement of the pertinent facts and of the legal basis on which it is issued, and shall describe the action to be taken. (b) The DOE shall serve a copy of the supply order on the firm directed to act as stated therein. (c) The DOE may modify or rescind a supply order on its own motion or pursuant to an application filed in accordance with § 218.32 of this part. (d) A supply order shall be effective in accordance with its terms, and when served upon a firm directed to act thereunder, except that a supply order shall not remain in effect (1) upon reversion of this rule to standby status or (2) twelve months after the rule has been transmitted to Congress (whichever occurs first) or (3) to the extent that DOE or a court of competent jurisdiction directs that it be stayed, modified, or rescinded. (e) Any firm issued a supply order pursuant to this subpart may seek modification or rescission of the supply order in accordance with procedures provided in § 218.32 of this part. | ||||
| 10:10:3.0.1.1.11.2.9.3 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | B | Subpart B—Supply Orders | § 218.12 Pricing. | DOE | The price for oil subject to a supply order issued pursuant to this subpart shall be based on the price conditions prevailing for comparable commercial transactions at the time the supply order is served. | ||||
| 10:10:3.0.1.1.11.4.9.1 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.30 Purpose and scope. | DOE | This subpart establishes the administrative procedures applicable to supply orders. They shall be exclusive of any other procedures contained in this chapter, unless such other procedures are specifically made applicable hereto by this subpart. | ||||
| 10:10:3.0.1.1.11.4.9.2 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.31 Incorporated procedures. | DOE | The following subparts of part 205 of this chapter are, as appropriate, hereby made applicable to this part: (a) Subpart A— General Provisions; Provided, that § 205.11 shall not apply; and Provided further, that in addition to the methods of service specified in § 205.7 of this chapter, service shall be effective if a supply order is transmitted by telex, telecopies or other similar means of electronic transmission of a writing and received by the firm to which the supply order is addressed. (b) Subpart F— Interpretation. (c) Subpart K— Rulings. (d) Subpart M— Conferences, Hearings and Public Hearings. | ||||
| 10:10:3.0.1.1.11.4.9.3 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.32 Review. | DOE | (a) Purpose and scope. This subpart establishes the procedures for the filing of an application for review of a supply order. An application for review is a summary proceeding which will be initiated only if the criteria described in paragraph (g)(2) of this section are satisfied. (b) What to file. (1) A firm filing under this subpart shall file an “Application for Review” which should be clearly labeled as such both on the application and on the outside of the envelope in which the application is transmitted, and shall be in writing and signed by the firm filing the application. The applicant shall comply with the general filing requirements stated in 10 CFR 205.9 in addition to the requirements stated in this section. (2) If the applicant wishes to claim confidential treatment for any information contained in the application or other documents submitted under this subpart, the procedures set out in 10 CFR 205.9(f) shall apply. (c) When to file. An application for review should be filed no later than 5 days after the receipt by the applicant of the supply order that is the subject of the application, or no later than 2 days after the occurrence of an event that results in a substantial change in the facts or circumstances affecting the applicant. (d) Where to file. The application for review shall be filed with DOE Office of Hearings and Appeals (OHA), 2000 M Street, NW., Washington, DC 20461. (e) Notice. The applicant shall send by United States mail or deliver by hand a copy of the application and any subsequent amendments or other documents relating to the application to the Administrator of the Economic Regulatory Administration of DOE, 2000 M Street, NW., Washington, DC 20461. Service shall be made on the ERA at same time the document is filed with OHA and each document filed with the OHA shall include certification that the applicant has complied with the requirements of this paragraph. (f) Contents. (1) The application shall contain a full and complete statement of all relevant facts per… | ||||
| 10:10:3.0.1.1.11.4.9.4 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.33 Stay. | DOE | (a) The DOE may issue an order granting a stay if the DOE determines that an applicant has made a compelling showing that it would incur serious and irreparable injury unless immediate stay relief is granted pending determination of an application for review pursuant to this subpart. An application for a stay shall be labeled as such on the application and on the outside of the envelope in which the application is transmitted, and shall be in writing and signed by the firm filing the application. It shall include a description of the proceeding incident to which the stay is being sought and of the facts and circumstances which support the applicant's claim that it will incur irreparable injury unless immediate stay relief is granted. The applicant shall comply with the general filing requirements stated in 10 CFR 205.9 in addition to the requirements stated in this section. The DOE on its own initiative may also issue an order granting a stay upon a finding that a firm will incur irreparable injury if such an order is not granted. (b) An order granting a stay shall expire by its terms within such time after issuance, not to exceed 30 days as the DOE specifies in the order, except that it shall expire automatically 5 days following its issuance if the applicant fails within that period to file an application for review unless within that period the DOE for good cause shown, extends the time during which the applicant may file an application for review. (c) The order granting or denying a stay is not an order of the DOE subject to administrative review. | ||||
| 10:10:3.0.1.1.11.4.9.5 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.34 Addresses. | DOE | All correspondence, petitions, and any information required by this part shall be submitted to: Administrator, Economic Regulatory Administration, Department of Energy, 2000 M Street, NW., Washington, DC 20461, and to the Director, Office of Hearings and Appeals, Department of Energy, 2000 M Street, NW., Washington, DC 20461. | ||||
| 10:10:3.0.1.1.11.5.9.1 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | E | Subpart E—Investigations, Violations, Sanctions and Judicial Actions | § 218.40 Investigations. | DOE | (a) The DOE may initiate and conduct investigations relating to the scope, nature and extent of compliance by any person with the rules, regulations or statutes of the DOE or any order promulgated by the DOE under the authority of section 251 of EPCA, or any court decree. (b) Any duly designated and authorized representative of DOE has the authority to conduct an investigation and to take such action as he deems necessary and appropriate to the conduct of the investigation including any action pursuant to § 205.8. (c) There are no parties, as that term is used in adjudicative proceedings, in an investigation under this subpart, and no person may intervene or participate as a matter of right in any investigation under this subpart. (d) Any person may request the DOE to initiate an investigation pursuant to paragraph (a) of this section. A request for an investigation shall set forth the subject matter to be investigated as fully as possible and include supporting documentation and information. No particular forms or procedures are required. (e) Any person who is requested to furnish documentary evidence or testimony in an investigation, upon written request, shall be informed of the general purpose of the investigation. (f) DOE shall not disclose information or documents that are obtained during any investigation unless (1) DOE directs or authorizes the public disclosure of the investigation; (2) the information or documents are a matter of public record; or (3) disclosure is not precluded by the Freedom of Information Act, 5 U.S.C. 552 and 10 CFR part 1004. (g) During the course of an investigation any person may submit at any time any document, statement of facts or memorandum of law for the purpose of explaining the person's position or furnish evidence which the person considers relevant to a matter under investigation. (h) If facts disclosed by an investigation indicate that further action is unnecessary or unwarranted, the investigative file may be closed without prejudice to further investigation by … | ||||
| 10:10:3.0.1.1.11.5.9.2 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | E | Subpart E—Investigations, Violations, Sanctions and Judicial Actions | § 218.41 Violations. | DOE | Any practice that circumvents, contravenes or results in the circumvention or contravention of the requirements of any provision of this part 218 or any order issued pursuant thereto is a violation of the DOE regulations stated in this part and is unlawful. | ||||
| 10:10:3.0.1.1.11.5.9.3 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | E | Subpart E—Investigations, Violations, Sanctions and Judicial Actions | § 218.42 Sanctions. | DOE | [44 FR 27972, May 14, 1979, as amended at 62 FR 46183, Sept. 2, 1997; 74 FR 66032, Dec. 14, 2009; 79 FR 19, Jan. 2, 2014; 81 FR 41793, June 28, 2016; 81 FR 96351, Dec. 30, 2016; 83 FR 1291, Jan. 11, 2018; 83 FR 66083, Dec. 26, 2018; 85 FR 830, Jan. 8, 2020; 86 FR 2955, Jan. 14, 2021; 87 FR 1063, Jan. 10, 2022; 88 FR 2193, Jan. 13, 2023; 89 FR 1027, Jan. 9, 2024; 89 FR 105406, Dec. 27, 2024] | (a) General. Any person who violates any provisions of this part 218 or any order issued pursuant thereto shall be subject to penalties and sanctions as provided herein. (1) The provisions herein for penalties and sanctions shall be deemed cumulative and not mutually exclusive. (2) Each day that a violation of the provisions of this part 218 or any order issued pursuant thereto continues shall be deemed to constitute a separate violation within the meaning of the provisions of this part relating to fines and civil penalties. (b) Penalties. (1) Any person who violates any provision of this part or any order issued pursuant thereto shall be subject to a civil penalty of not more than $28,748 for each violation. (2) Any person who willfully violates any provision of this part 218 or any order issued pursuant thereto shall be subject to a fine of not more than $10,000 for each violation. (3) Any person who knowingly and willfully violates any provision of this part 218 or any order issued pursuant thereto with respect to the sale, offer of sale, or distribution in commerce of oil in commerce after having been subject to a sanction under paragraph (b)(1) or (2) of this section for a prior violation of the provisions of this part 218 or any order issued pursuant thereto with respect to the sale, offer of sale, or distribution in commerce of oil shall be subject to a fine of not more than $50,000 or imprisonment for not more than six months, or both, for each violation. (4) Actions for penalties under this section are prosecuted by the Department of Justice upon referral by the DOE. (5) When the DOE considers it to be appropriate or advisable, the DOE may compromise and settle any action under this paragraph, and collect civil penalties. (c) Other Penalties. Willful concealment of material facts, or making of false, fictitious or fraudulent statements or representations, or submission of a document containing false, fictitious or fraudulent statements pertaining to matters within the scope of this part 218… | |||
| 10:10:3.0.1.1.11.5.9.4 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | E | Subpart E—Investigations, Violations, Sanctions and Judicial Actions | § 218.43 Injunctions. | DOE | Whenever it appears to the DOE that any firm has engaged, is engaging, or is about to engage in any act or practice constituting a violation of any regulation or order issued under this part 218, the DOE may request the Attorney General to bring a civil action in the appropriate district court of the United States to enjoin such acts or practices and, upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. The relief sought may include a mandatory injunction commanding any firm to comply with any provision of such order or regulation, the violation of which is prohibited by section 524 of the EPCA. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);