(a) The recordkeeping requirements that were in effect on January 27, 1981, in parts 210, 211, and 212 will remain in effect for (1) all transactions prior to February 1, 1981; and (2) all allowed expenses incurred and paid prior to April 1, 1981 under § 212.78 of part 212. These requirements include, but are not limited to, the requirements that were in effect on January 27, 1981, in § 210.92 of this part; in §§ 211.67(a)(5)(ii); 211.89; 211.109, 211.127; and 211.223 of part 211; and in §§ 212.78(h)(5)(ii); 212.78(h)(6); 212.83(c)(2)(iii)(E)(I); 212.83(c)(2)(iii)(E)(II); 212.83(c)(2)(iii); “Fi t”; 212.83(i); 212.93(a); 212.93(b)(4)(iii)(B)(I); 212.93(i)(4); 212.94(b)(2)(iii); 212.128; 212.132; 212.172; and § 212.187 of part 212.

(b) Effective February 5, 1985, paragraph (a) of this section shall apply, to the extent indicated, only to firms in the following categories. A firm may be included in more than one category, and a firm may move from one category to another. The fact that a firm becomes no longer subject to the recordkeeping requirements of one category shall not relieve that firm of compliance with the recordkeeping requirements of any other category in which the firm is still included.

(1) Those firms which are or become parties in litigation with DOE, as defined in paragraph (c)(1) of this section. Any such firm shall remain subject to paragraph (a) of this section. DOE shall notify the firm in writing of the final resolution of the litigation and whether or not any of its records must be maintained for a further period. DOE shall notify a firm which must maintain any records for a further period when such records are no longer needed.

(2)(i) Those firms which as of November 30 1984, have completed making all restitutionary payments required by an administrative or judicial order, consent order, or other settlement or order but which payments are on February 5, 1985, still subject to distribution by DOE. This requirement is applicable to only those firms listed in appendix B. Any such firm shall maintain all records for the time period covered by the administrative or judicial order, consent order, or other settlement or order requiring the payments, evidencing sales volume data for each product subject to controls and customers' names and addresses, until one of the following: June 30, 1985, unless this period is extended on a firm-by-firm basis; the end of the individual firm's extension; or the firm is notified in writing that its records are no longer needed.

(ii) Those firms which as of November 30, 1984, are required to make restitutionary or other payments pursuant to an administrative or judicial order, consent order, or other settlement or order. Any such firm shall remain subject to paragraph (a) of this section until the firm completes all restitutionary payments required by the administrative or judicial order, consent order, or other settlement or order. However, after completing all such payments, a firm shall maintain all records described in paragraph (b)(2)(i) of this section until one of the following: Six months after the firm completes all such payments, unless this period is extended on a firm-by-firm basis; the end of the individual firm's extension; or the firm is notified in writing that its records are no longer needed.

(3)(i) Those firms with completed audits in which DOE has not yet made a determination to initiate a formal enforcement action and firms under audit which do not have outstanding subpoenas. Any such firm shall maintain all records for the period covered by the audit including all records necessary to establish historical prices or volumes which serve as the basis for determining the lawful prices or volumes for any subsequent regulated transaction which is subject to audit, until one of the following: June 30, 1985, unless this period is extended on a firm-by-firm basis; the end of the individual firm's extension; or the firm is notified in writing by DOE that its records are no longer needed. However, if a firm in this group shall become a party in litigation, the firm shall then be subject to the recordkeeping requirements for firms in litigation set forth in paragraph (b)(1) of this section.

(ii) Those firms under audit which have outstanding subpoenas on February 5, 1985, or which receive subpoenas at any time thereafter or which have supplied records for an audit as the result of a subpoena enforced after November 1, 1983. Any such firm shall remain subject to paragraph (a) of this section until two years after ERA has notified the firm in writing that is in full compliance with the subpoena or until ERA has received from the firm a sworn certification of compliance with the subpoena as required by 10 CFR 205.8. However, if a firm in this group shall become a party in litigation, the firm shall then be subject to the recordkeeping requirements for firms in litigation set forth in paragraph (b)(1) of this section.

(4) Those firms which are subject to requests for data necessary to verify that crude oil qualifies as “newly discovered” crude oil under 10 CFR 212.79. Any such firm shall maintain the records evidencing such data until one of the following: June 30, 1985, unless this period is extended on a firm-by-firm basis; the end of an individual firm's extension; or the firm is notified in writing by DOE that its records are no longer needed. However, if a firm in this group shall become a party in litigation, the firm shall then be subject to the recordkeeping requirements for firms in litigation set forth in paragraph (b)(1) of this section.

(5) Those firms whose records are determined by DOE as necessary to complete the enforcement activity relating to another firm which is also subject to paragraph (a) of this section unless such firms required to keep records have received certified notice letters specifically describing the records determined as necessary. At that time, the specific notice will control the recordkeeping requirements. These firms have been identified in appendix A. Any such firm shall maintain these records until one of the following: June 30, 1985, unless this period is extended on a firm-by-firm basis; the end of the individual firm's extension; or the firm is notified in writing by DOE that its records are no longer needed.

(6) Those firms which participated in the Entitlements program. Any such firm shall maintain its Entitlements-related records until six months after the final judicial resolution (including any and all appeals) of Texaco v. DOE, Nos. 84-391, 84-410, and 84-456 (D. Del.), or the firm is notified by DOE that its records are no longer needed, whichever occurs first.

(c) For purposes of this section:

(1) A firm is “a party in litigation” if:

(i)(A) The firm has received a Notice of Probable Violation, a Notice of Probable Disallowance, a Proposed Remedial Order, or a Proposed Order of Disallowance; or

(B) The firm and DOE are parties in a lawsuit arising under the Emergency Petroleum Allocation Act of 1973, as amended (15 U.S.C. 751 et seq.) or 10 CFR parts 205, 210, 211, or 212; and

(ii)(A) There has been no final (that is, non-appealable) administrative or judicial resolution, or

(B) DOE has not informed the firm in writing that the Department has completed its review of the matter.

(2) A 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 state and local governments. A firm includes a parent and the consolidated and unconsolidated entities (if any) which it directly or indirectly controls.

Appendix A to 10 CFR 210.1—Third Party Firms Name of Firm A & R, Inc. A. J. Petroleum ADA Resources, Inc. ATC Petroleum Abbco Petroleum, Inc. Ada Oil Company Adams Grocery Advanced Petroleum Distributing Co. Agway Inc. Allegheny Petroleum Corp. Alliance Oil and Refining Company Allied Chemical Corp. Allied Transport Amerada Hess Corp. American Natural Crude Oil Assoc. Amoco Production Company Amorient Petroleum, Inc. An-Son Transportation Co. Anadarko Products Co. Andrus Energy Corp. Antler Petroleum Arco Pipeline Company Armada Petroleum Corp. Armour Oil Company Arnold Brooks Const. Inc. Ashland Oil Asiatic Petroleum Co. Aspen Energy, Inc. Athens General Hospital Atlantic Pacific Energy, Inc. Atlas Processing Company B & B Trading Company BLT, Inc. BPM, Ltd. Baker Services, Inc. Basin Inc. Basin Petroleum, Inc. Beacon Hill Mobil Belcher Oil Company Bighart Pipeline Company Bigheart Pipeline Corp Bowdoin Square Exxon Bowdoin Super Service (Sunoco) Brio Petroleum, Inc. Brixon C.E. Norman CPI Oil & Refining CRA-Farmland Industries, Inc. Calcaseiu Refining, Ltd. Carbonit Houston, Inc. Carr Oil Company, Inc. Castle Coal & Oil Co. Central Crude Corporation Century Trading Co. Charter Crude Oil Chastain Vineyard Chevron USA, Inc. Cibro Petroleum, Inc. Cirillo Brothers Cities Service (Citgo) Station Cities Service Company Cities Service Midland City of Athens Clarke County Board of Education Claude E. Silvey Coastal Corporation (The) Coastal Petroleum and Supply Inc. Coastal States Trading Company Commonwealth Oil Refining Co., Inc. Coral Petroleum Canada, Inc. Coral Petroleum, Inc. Corex of Georgia Cothran Interstate Exxon Couch's Standard Chevron Cougar Oil Marketers Inc. Crude Company (The) Crystal Energy Corporation Crystal Refining D & E Logging DDC Corporation of America Darrell Williamson Davis Ellis Days Inn of America, Inc. Delta Petroleum & Energy Corp. Derby & Company, Inc. Derby Refining Company Dewveall Petroleum Dixie Oil Company Dixon Oil Co. Don Hardy Donald Childs Dow Chemical Company Dr. Joe L. Griffeth Driver Construction Co. Drummond Brothers, Inc. Duffie Monroe & Sons Co., Inc. ECI (A/K/A Energy Cooperative Inc.) Earnest Dalton Earth Resources Trading Eastern Seaboard Petroleum, Inc. Elmer Hammon Elvin Knight Empire Marketing, Inc. Encorp. Energy Cooperative, Inc. Energy Distribution Co. Englehard Corporation Englehard Oil Corporation Entex Evans Oil Co. Exxon Company F & S Trading Company, Inc. Farmers Union Central Exchange, Inc. Farmland Industries Inc. Fasgo, Inc. Fedco Oil Company Federal Employees Distributing Co. Fitzpatrick Spreader Flutz Oil Company Flying J. Inc. Foremost Petroleum Four Corners Pipe Line Frank Katz Frank W. Abrahamsen Frank's Butane, Inc. Friendswood Refinery Frontier Manor Collection Fuel Oil Supply & Terminaling, Inc. G. C. Clark Company GPC Marketing Company Gary Refining Co. Geer Tank Trucks, Inc. Gene Clary Gene McDonald General Crude Oil Company Geodynamics Oil & Gas Inc. George Kennedy George Smith Chevron Gleason Oil Company Glenn Company Globe Oil Co. Godfrey's Standard Service Good Hope Industries, Inc. Good Hope Refineries, Inc. Granite Oil Company Guam Oil & Refining Co., Inc. Gulf States Oil & Refining Company H. D. Adkinson H. H. Dunson H.S. & L, Inc. HNG Oil Company Harbor Petroleum, Inc. Harbor Trading Harmony Grove Mills, Inc. Harry Rosser Hast Oil, Inc. Heet Gas Company Henry Alva Mercer Herndon Oil & Gas Company Horizon Petroleum Company Houston Oil & Minerals Products Co. Houston Oil & Refining Howell Corporation Hurricane Trading Company, Inc. Hydrocarbon Trading and Transport Co. Inco Trading Independent Refining Corp. Independent Trading Corporation Indiana Refining, Inc. Intercontinental Petroleum Corp. International Crude Corporation International Petro International Petroleum Trading, Inc. International Processors Isthmus Trading Corporation J & M Transport J. & J.'s Fast Stop J. A. Rackerby Corporation J. H. Baccus J. H. Baccus & Co. J. J. Williamson J. M. Petroleum Corporation JPK Industries Jack W. Grigsby Jaguar Petroleum, Inc. James L. Bush Jay Petroleum Company Jay-Ed Petroleum Company John W. McGowan Kalama Chemical, Inc. Kelly Trading Corp. Kenco Refining Kerr-McGee Corporation Koch Fuel Koch Industries, Inc. Kocolene Oil Kocolene Station L & L Resources, Inc. L.S. Parker LaGloria Oil & Gas LaJet, Inc. Lamar Refining Co. Langham Petroleum Corp. Larry Roberts Laurel Oil, Inc. Lee Allen Lincoln Land Sales Company Listo Petroleum Inc. Longview Refining Corp. Love's Standard Lucky Stores Inc. M.L. Morrow Magna Energy Corporation Magnolia Oil Company Mansfield Oil Co. Mapco Petroleum, Inc. Mapco, Inc. Marion Trading Co. Marlex Oil & Refining, Inc. Marlin Petroleum, Inc. Martin Oil Company Mathew's Grocery McAuleep Oil Co. McAuley Oil Company Meadows Gathering, Inc. Mellon Energy Products Co. Merit Petroleum, Inc. Metro Wash, Inc. Miller Oil Purchasing Co. Minor Oil, Inc. Minro Oil, Inc. Mitchell Oil Co. Mitsui & Co. (USA) Inc. Mobil Bay Refining Company Montgomery Well Drilling Mundy Food Market Munford, Inc. Mutual Petroleum NRG Oil Company National Convenience Stores National Cooperative Refinery Nicholson Grocery and Gas North American Petroleum Northeast Petroleum Corp. Northeast Petroleum Corporation Northgate Auto Center Northwest Crude, Inc. Nova Refining Corp. Occidental Petroleum Corp. (includes Permia) Ocean Drilling and Exploration Co. Oil Exchange, Inc. Oilco Omega Petroleum Corp. Otoe Corporation Oxxo Energy Group, Inc. P & O Falco, Inc. P. L. Heatley Co. PEH, Inc. PIB, Inc. PSW Distributors Company Pacific Refinery, Inc. Pacific Resources, Inc. Pan American Products Corp. Par Brothers Food Store Pauley Petroleum Inc. Pennzoil Co. Permian Corporation (The) Pescar International Corp. Pescar International Trading Co. Petraco (U.S.A.) Inc. Petrade International Petrol Products, Inc. Phillips Petroleum Company Phoenis Petroleum Co. Phoenix Petroleum Co. Pine Mountains Poole Petroleum Port Petroleum Presley Oil Co. Procoil Inc. Publiker Industries, Inc. Pyramid Dist. Co., Inc. Questor Crude Oil Company Quitman Refining Co. R. H. Garrett Paving Ra-Gan Fuel, Inc. Reeder Distributing Co. Reeder Distributors Reese Exploration Co. Research Fuels Inc. Revere Petroleum Co. Richardson-Ayres, Inc. Robert Bishop Robert Patrick Roberts Grocery Rock Island Refining Corporation Rogers Oil Company Roy Baerne Russell Oil Company S. G. Coplen SECO (Scruggs Energy) Saber Crude Oil, Inc. Saber Refining Company Salem Ventures, Inc. Samson Resources Company Santa Fe Energy Products Co. Saye's Truck Stop Scandix Oil Limited Score, Inc. Scruggs Energy Company Scurlock Oil Company Scurry Oil Company Seamount Petroleum Company Seaview Petroleum Company Sector Refining, Inc. Selfton Miller Shepherd Trading Corporation Shulze Processing Sigmor Corporation Skelly Oil Company South Hampton Refining Company South Texas LP Gas Co. Southern Crude Oil Resources Southern Terminal & Transport, Ltd. Southern Union Company Southwest Petro. Energy Southwest Petrochem Standard Oil Co. (Ohio) Standard Oil Co. of California Standard Oil Company (Indiana) Standard Oil Company (Ohio) Sterling Energy Company Steve Childs Stix Gas Company, Inc. Sunset Grocery Sunset Oil & Refining, Inc. Swanee Petroleum Company T & P Enterprises T. B. Eley T. E. Jawell Tauber Oil Company Tenneco, Inc. Tesoro Crude Oil Company Texana Oil & Gas Corp. Texas American Petrochemicals (TAP) Texas City Refining Texas Eastern Transmission Corp. Texas Energy Reserve Corporation Texas Pacific Oil Company Thomas Cockvell Thomas Petroleum Products, Inc. Thorton Oil Company Thyssen Incorporated Tiger Petroleum Company Time Oil Co. Tipperary Refining Company Tom Banks Tom Smith Tomlinson Petroleum, Inc. Tosco Corporation Total Petroleum, Inc. Trans-Texas Petroleum Corp. Transco Trading Company Turboil Oil and Refining Two Rivers Oil & Gas Co., Inc. U-Fill 'er Up USA Gas, Inc. Uni Oil Company Union Oil of California Doram Energy United Petroleum Marketing United Refining Company United Refining, Inc. Universal Rundle Val-Cap, Inc. Vedetta Oil Trading, Inc. Vedette Oil Trading, Inc. Vickers Energy Corp. W. C. Colquitt W. T. Strickland W. W. Blanton W.A. Nunnally, Jr., Construction Co. W.D. Porterfiled Wellven, Inc. West Texas Marketing Corp. Western Crude Oil, Inc. Western Fuels, Inc. Wight Nurseries of Oglethorpe Co. William Seabolt Wilson's Used Tractors Windsor Gas Corp. Wyoming Refining Appendix B to 10 CFR 210.1—Firms With Completed Payments Subject to Distribution

The following firms have completed making restitutionary payments to DOE but their payments are still subject to distribution by DOE. Each such firm must maintain relevant records until June 30, 1985, unless this period is extended on a firm-by-firm basis. Relevant records are all records of the firm, including any affiliates, subsidiaries or predecessors in interest, for the time period covered by the judicial or administrative order, consent order, or other settlement or order requiring the payments, evidencing sales volume data for each product subject to controls and customers' names and addresses.

(Approved by the Office of Management and Budget under control number 1903-0073) [50 FR 4962, Feb. 5, 1985]