302.11 Shipment by barge, tanker, or other vessel; reports; certificates.

302.12 Saving clause. 302.20 Official records.

AUTHORITY: §§ 302.1 to 302.20 issued under sec. 5, 49 Stat. 31; 15 U. S. C. 715d. E. O. 7756, Dec. 1, 1937, 2 F. R. 3091.

§ 302.1 Designated areas. Until further order, the regulations in this part shall be applicable only to that part of the State of New Mexico included within the counties of Lea and Eddy, to that part of the State of Texas included within the counties of:

Anderson, Andrews, Angelina, Aransas, Austin, Bee, Borden, Bowie, Brazoria, Brazos, Brooks, Burleson, Calhoun, Cameron, Camp, Cass, Chambers, Cherokee, Cochran, Colorado, Crane, Crockett, Dawson, DeWitt, Duval, Ector, Fayette, Fisher, Fort Bend, Frank

lin, Gaines, Galveston, Garza, Glascock, Goliad, Gonzales, Gregg, Grimes, Hardin, Harris, Harrison, Hidalgo, Hockley, Houston, Howard, Jackson, Jasper, Jefferson, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Lavaca, Lee, Liberty, Live Oak, Loving, Lynn, Madison, Marion, Martin, Matagorda, Midland, Mitchell, Montgomery, Morris, Nacogdoches, Newton, Nueces, Orange, Panola, Pecos, Polk, Reagan, Red River, Reeves, Refugio, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Scurry, Shelby, Smith, Starr, Terry, Titus, Trinity, Tyler, Upshur, Upton, Victoria, Walker, Waller, Ward, Washington, Webb, Wharton, Willacy, Wilson, Winkler, Wood, Yoakum, and Zapata,

and to the entire State of Louisiana, which area is hereinafter referred to as the designated area.

§ 302.2 Federal Petroleum Board designated to administer the regulations in this part. The Federal Petroleum Board, hereinafter referred to as the board, is hereby designated to administer the regulations prescribed in this part, under the supervision of the Secretary of the Interior.

[7 F. R. 8854. Redesignation noted at 14 F. R. 40]

§ 302.3 Definitions. When used in this part or in subsequent orders and regulations prescribed pursuant to said act and Executive orders, or in any forms prescribed thereunder, the term:

(a) "Person" shall include any individual, partnership, corporation or joint stock company.

(b) "Producer" shall include every person having any part in the control or management of any operation by which petroleum is produced from any property. Every person in possession of

crude petroleum who refuses to identify the prior owner thereof, from whom he acquired the same, shall be deemed the producer of such petroleum within the meaning of this part.

(c) "Refiner" shall include every person who has any part in the control or management of any operation by which the physical or chemical characteristics of petroleum or petroleum products are changed, but exclusive of the operations of passing petroleum through separators to remove gas, placing petroleum in settling tanks to remove basic sediment and water, dehydrating petroleum and generally cleaning and purifying petroleum. Within the term shall be included every person who blends petroleum with any product of petroleum.

(d) "Reclamation plant" shall include every plant operated in the process of reclaiming, treating or washing waste petroleum, wash oil, pit oil, fugitive oil, basic sediment, or tank bottoms.

(e) "Casinghead gasoline plant" shall include every plant or device by the use of which gasoline or natural gasoline or casinghead gasoline (as those terms are commonly understood in the industry), or any of them, is extracted by any process or method from natural gas or casinghead gas, or from any gas liberated from petroleum in the process of refining.

(f) "Pipe line" shall include every line of pipe, however constructed and regardless of length, and all receiving, storage and delivery tanks and facilities used in the operation thereof, by which petroleum or any petroleum product is transported, regardless of whether or not such line of pipe is owned, in whole or in part, by the person producing, refining, processing, manufacturing, purchasing, cleansing, or marketing such petroleum or such petroleum product, or by any or all such persons jointly, or by any other person or combination of persons, except that the term "pipe line" shall not include any line from a well to lease storage, or any line used in actual plant operations, and not used in the receipt or delivery of petroleum or petroleum products. The terms "pipe line system" and "gathering system" are included within the term "pipe line."

(g) "Transporting agency" shall include railroads, pipe lines, gathering systems, tankers, barges, trucks, or any other means of conveyance used for

transporting petroleum or petroleum products.

(h) "Storer" shall include every person who places petroleum or any petroleum product in any receptable and keeps the same in any such receptacle for any period of time longer than is usually required in the ordinary conduct of business to move the same currently into the channels of trade and commerce; but excluding the ordinary working stocks of refiners and transporters by pipe line.

(i) "Petroleum" when used singly and separate and apart from "product" shall include petroleum in its crude form, and the terms "product (or products) of petroleum" or "petroleum product (or products)" shall include any article produced or derived in whole or in part from petroleum or any product thereof by refining, processing, manufacturing or otherwise. Whenever natural gas is produced in conjunction or coincidentally with petroleum, such natural gas and all products derived therefrom shall be considered petroleum products. The terms "oil," "crude oil," and "crude petroleum" shall be considered synonymous with petroleum in the regulations in this part.

(j) "Barrel of petroleum" means 42 United States gallons of petroleum, measured and calculated to net or gross quantities in accordance with the regulations of the State authorities in force at the point of production, or in the absence of such regulations, measured and calculated in the manner generally in use in the industry at such point of production. The term "barrel" as used otherwise in the regulations in this part shall mean 42 United States gallons of the article referred to.

(k) "Contraband oil" means petroleum which, or any constituent part of which, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from storage under the laws of a State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State, or any of the products of such petroleum.

(1) "Interstate commerce" means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof, or

from any place in the United States to a foreign country, but only in so far as such commerce takes place within the United States.

[6 F. R. 2712. Redesignation noted at 14 F. R. 40]

§ 302.4 Inspection books and records; examination properties and facilities. All persons producing, refining, processing, manufacturing, transporting, withdrawing from storage or otherwise handling petroleum or any petroleum product in the designated area shall permit any person or persons authorized by the Secretary of the Interior or by the board to enter upon their properties, plants and facilities, and to examine all the books and records kept or required to be kept in accordance with this part, and all other books, papers, records, vouchers, run-tickets, bills of lading, way bills, charges, memoranda, diagrams showing the location of each lease, the location and identifying number of each well, the location, capacity and identifying number of each tank, the size of all pipe lines, flow lines and gathering systems and other outlets attached to their properties, and every method by which oil is delivered to and from their properties, or other documents which are used by them in connection with producing, refining, processing, manufacturing, transporting, withdrawing from storage or otherwise handling petroleum or any petroleum products, and to inspect such plants, facilities and properties, and to gauge tanks, and to examine wells, pipe lines, gathering systems, flow lines, pipe connections, storage tanks, loading racks, separators, pumps, meters or other measuring devices, and any other equipment or instruments. [6 F. R. 2712. F. R. 40]

Redesignation noted at 14

authorized by the Secretary of the Interior or by the Board.

[7 F. R. 8854. Redesignation noted at 14 F. R. 40]

§ 302.6 Records. From the effective date of this part the following records shall be made and retained accurately and completely showing the following facts with respect to production, refining, processing, manufacturing, transporting, withdrawing or otherwise handling petroleum or petroleum products in the designated area: Provided, That when such records have been retained for a period of not less than 3 years the board may, upon written request of the operator, grant permission to destroy or dispose of such records:

(a) By producers:

(1) Location, wells, allowable production. The location of the producing properties, the number and location of wells thereon, and the allowable production for each property and well as prescribed by the proper State agency.

(2) Inventories. An opening and closing inventory of the crude petroleum on hand each 24-hour day.

(3) Production. The daily production in barrels of petroleum produced from each lease and well (ascertained by the application of acceptable operating practice as to wells which are produced into common tankage and of which no separate daily gauge is made), with a notation of the allowance made for basic sediment and water, and the tanks, identified by number and location into which the petroleum is run.

(4) Consumption. The amount of petroleum consumed upon each property daily.

(5) Deliveries. A daily record of all deliveries of petroleum or petroleum products, showing the names and places of business of all persons to whom such petroleum or petroleum products are delivered, whether purchasers, consignees or transporting agencies, the quantity involved in each delivery, transportation or other disposition, the identity of the means of transportation by which the petroleum or products are removed.

(6) Tickets. Gauge tickets, and run tickets, as made by the employees actually performing or observing the operations to which such records relate.

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(7) Other records. Such other records as may now be required under the rules and regulations of other governmental agencies, State or Federal, which supervise, regulate or tax the production of petroleum.

(b) By every purchaser, refiner, storer, shipper or consignor of petroleum or petroleum products, by every casinghead gasoline plant, and by every person dealing in petroleum or petroleum products as a factor, broker, buyer or seller.

(1) Inventories. An opening and closing inventory of petroleum and petroleum products on hand each 24-hour day.

(2) Receipts. The daily receipts of petroleum and the petroleum products showing the amount received, the place and date of each receipt, the tanks identified by location and number into which received, the names and addresses of all producers or other persons from whom the crude petroleum and the petroleum products were received, a description identifying the transporting agency by which received.

(3) Consumption. The amount of petroleum and petroleum products used or otherwise disposed of daily showing the amount run to stills and to cracking units and the amount and type of petroleum products refined, processed or manufactured.

(4) Deliveries; purchasers; transporter. A daily record of all deliveries of petroleum and petroleum products including the names and addresses of purchasers and a description identifying the transporting agency delivering the same.

(5) Reports of operations. Crude, pumping, still, transfer, and yield reports as made by the employees actually performing or observing the operations to which such records relate.

(6) Other records. Such other records as may now be required under the rules and regulations of other governmental agencies, State or Federal, which supervise, regulate or tax the purchasing, refining, storing, shipping or consigning or otherwise dealing in as a factor, broker, buyer or seller of petroleum and petroleum products.

(c) By every person operating a reclamation plant:

(1) Inventories. An opening and closing inventory of all petroleum and petroleum products on hand each 24-hour day.

(2) Receipts. The number of barrels of each kind of petroleum and petroleum products which came into the possession of such plant daily, the name and address of each person from whom possession was acquired, the location from which the petroleum and petroleum products were acquired, the quantities acquired from each prior possessor and from each location, a description identifying the transporting agency by which such petroleum and petroleum products were acquired. In case any petroleum or petroleum product is picked up or reclaimed by such plant from any creek, river, stream or the bed thereof, such record shall also contain information as to the apparent source of the petroleum or petroleum product before it went into such creek, river, stream or the bed thereof.

(3) Reclamation; destination; identification. The number of barrels reclaimed by such plant daily and the disposition thereof showing the names and addresses of purchasers, a description identifying the transporting agency used in making delivery.

(4) Original operating records. The original records made by the employees actually performing or observing the operations to which such records relate as required by subparagraphs (1), (2), and (3) of this paragraph.

(5) Other records. Such other records as may now be required under the rules and regulations of all other governmental agencies, State or Federal, which supervise, regulate or tax the reclaiming or handling of petroleum or petroleum products.

(d) By pipe lines:

(1) Inventories. An opening and closing inventory including averages of crude petroleum and petroleum products on hand each 24-hour day.

(2) Receipts; consignors, consignees; origin; destination. The daily receipts of all petroleum and petroleum products showing the kind, grade and quantity received, the names and addresses of the consignors, the names and addresses of the consignees, the points of origin and destination.

(3) Locations; persons; transporting agencies. In case of the first transporting pipe line, and where possible in cases of subsequent transporting pipe lines, the location of the properties where the petroleum or petroleum products were