rationing contingency plan

rationing contingency plan Sec. 203. (a) (1) The President shall prescribe, by rule in accordance with section 523(a) of this Act, a rationing contingency plan which shall, for purposes of enforcement under section 5 of the Emergency Petroleum Allocation Act of 1973, be deemed a part of the regulation under section 4(a) of the Emergency Petroleum Allocation Act of 1973 and which shall provide, consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b) (1) of such Act— (A) for the establishment of a program for the rationing and ordering of priorities among classes of end-users of gasoline and diesel fuel used in motor vehicles, and (B) for the assignment of rights, and evidence of such rights, to end-users of gasoline and such diesel fuel, entitling such end-users to obtain gasoline or such diesel fuel in precedence to other classes of end-users not similarly entitled. (2) (A) For purposes of paragraph (1), the objectives specified in section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 shall be deemed to include consideration of the mobility needs of handicapped persons and their convenience in obtaining the end-user’s rights specified in paragraph (1). 89 STAT. 893 (B) For purposes of this part, the term “handicapped person” means any individual who, by reason of disease, injury, age, congenital malfunction, or other permanent incapacity or disability, is unable without special facilities, planning or design to utilize mass transportation vehicles, facilities, and services and who has a substantial, permanent impediment to mobility. (b) Any finding required to be made by the President pursuant to section 201(b) (3) and any request to put a rationing contingency plan into effect pursuant to section 201 (e) shall be accompanied by a finding of the President that such plan is necessary to attain, to the maximum extent practicable, the objectives specified in section 4(b) (1) of the Emergency Petroleum Allocation Act of 1973 and the purposes of this Act. (c) The President shall, by order under section 4 of the Emergency Petroleum Allocation Act of 1973, for the purpose, of carrying out a rationing contingency plan which is in effect, cause such adjustments to be made in the allocations made pursuant to the regulation under section 4(a) of such Act as the President determines to be necessary to carry out the purposes of this section and to be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of such Act and the purposes of this Act. (d) (1) The President, shall, to the extent practicable, provide for the use of local boards described in paragraph (2) with authority to— (A) receive petitions from any end-user of gasoline and diesel fuel used in motor vehicles with respect to the priority and entitlement of such user under a rationing contingency plan, and (B) order a reclassification or modification of any determination made under a rationing contingency plan with respect to such end-user’s rationing priority or rights specified in paragraph (1). Such boards shall operate under the procedures prescribed by the President by rule. (2) Not later than 30 days after the date of the approval of a rationing contingency plan pursuant to section 201(b)(2), the President shall, by rule, prescribe— (A) criteria for delegation of his functions, in whole or part, under this Act with respect to such rationing contingency plan to officers or local boards (of balanced composition reflecting the community as a whole) of States or political subdivisions thereof; and (B) procedures for petitioning for the receipt of such delegation. (3) (A) Officers or local boards of States or political subdivisions thereof, following the establishment of criteria and procedures under paragraph (2), may petition the President to receive delegation under such paragraph. (B) The President shall, within 30 days after the date of the receipt of any such petition which is properly submitted, grant or deny such petition. (e) No rationing contingency plan under this section may— (1) impose any tax, (2) provide for a credit or deduction in computing any tax, or (3) impose any user fee, except to the extent necessary to defray the cost of administering the rationing contingency plan or to provide for initial distribution of end-user rights specified in paragraph (1). (f) Notwithstanding section 531, all authority to carry out any rationing contingency plan shall expire on the same date as authority 89 STAT. 894to issue and enforce rules and orders under the Emergency Petroleum Allocation Act of 1973.