28 Judicial Administration 2 2006-07-01 2006-07-01 false INTERNATIONAL ENERGY PROGRAM 56 PART 56 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) Pt. 56 PART 56—INTERNATIONAL ENERGY PROGRAM Sec. 56.1 Purpose and scope. 56.2 Maintenance of records with respect to meetings held todevelop voluntary agreements or plans of action pursuant to the Agreement on anInternational Energy Program. 56.3 Maintenance of records with respect to meetings held todevelop and carry out voluntary agreements or plans of action pursuant to theAgreement on an International Energy Program. Authority:

Energy Policy and Conservation Act, Pub. L.94-163, 89 Stat. 871 (42 U.S.C. 6201).

 Source:

49 FR 33998, Aug. 28, 1984, unless otherwise noted.

§ 56.1 Purpose and scope.

These regulations are promulgated pursuant to section 252(e)(2) of the EnergyPolicy and Conservation Act (EPCA), 42 U.S.C. 6272(e)(2). They are being issuedby the Assistant Attorney General in charge of the Antitrust Division to whomthe Attorney General has delegated his authority under this section of EPCA. Therequirements of this part do not apply to activities other than those for whichsection 252 of EPCA makes available a defense to actions brought under theFederal antitrust laws.

§ 56.2 Maintenance of records with respect to meetings held to developvoluntary agreements or plans of action pursuant to the Agreement on anInternational Energy Program.

(a) The Administrator of the Department of Energy shall keep a verbatimtranscript of any meeting held pursuant to this subpart.

(b)(1) Except as provided in paragraphs (b) (2) through (4) of this section,potential participants shall keep a full and complete record of anycommunications (other than in a meeting held pursuant to this subpart) betweenor among themselves for the purpose of developing a voluntary agreement underthis part. When two or more potential participants are involved in such acommunication, they may agree among themselves who shall keep such record. Suchrecord shall include the names of the parties to the communication and theorganizations, if any, which they represent; the date of the communication; themeans of communication; and a description of the communication in sufficientdetail to convey adequately its substance.

(2) Where any communication is written (including, but not limited to, telex,telegraphic, telecopied, microfilmed and computer printout material), and wheresuch communication demonstrates on its face that the originator or some othersource furnished a copy of the communication to the Office of InternationalAffairs, Department of Energy with the notation “VoluntaryAgreement” marked on the first page of the document, no participant needrecord such a communication or send a further copy to the Department of Energy.The Department of Energy may, upon written notice to potential participants,from time to time, or with reference to particular types of documents, requiredeposit with other offices or officials of the Department of Energy. Where suchcommunication demonstrates that it was sent to the Office of InternationalAffairs, Department of Energy with the notation “VoluntaryAgreement” marked on the first page of the document, or such other officesor officials in the Department of Energy has designated pursuant to this sectionit shall satisfy paragraph (c) of this section, for the purpose of deposit withthe Department of Energy.

(3) To the extent that any communication is procedural, administrative orministerial (for example, if it involves the location of a record, the place ofa meeting, travel arrangements, or similar matters,) only a brief notation ofthe date, time, persons involved and description of the communication need berecorded.

(4) To the extent that any communication involves matters which recapitulatematters already contained in a full and complete record, the substance of suchmatters shall be identified, but need not be recorded in detail, provided thatreference is made to the record and the portion thereof in which the substanceis fully set out.

(c) Except where the Department of Energy otherwise provides, all records andtranscripts prepared pursuant to paragraphs (a) and (b) of this section, shallbe deposited within fifteen (15) days after the close of the month of theirpreparation together with any agreement resulting therefrom, with the Departmentof Energy, and shall be available to the Department of Justice, the FederalTrade Commission, and the Department of State. Such records and transcriptsshall be available for public inspection and copying at the Department ofEnergy. Any person depositing material with the Department of Energy pursuant tothis section shall indicate with particularity what portions, if any, the personbelieves are subject to disclosure to the public pursuant to 5 U.S.C. 552 andthe reasons for such belief.

(Approved by the Office of Management and Budget under control number1105-0029)
§ 56.3 Maintenance of records with respect to meetings held to develop andcarry out voluntary agreements or plans of action pursuant to the Agreement onan International Energy Program.

(a) The Administrator of the Department of Energy or his delegate shall keepa verbatim transcript of any meeting held pursuant to this subpart except where:

(1) Due to considerations of time or other overriding circumstances, thekeeping of a verbatim transcript is not practicable, or

(2) Principal participants in the meeting are representatives of foreigngovernments.

If any such record other than a verbatim transcript, is kept by a designeewho is not a full-time Federal employee, that record shall be submitted to thefull-time Federal employee in attendance at the meeting who shall review therecord, promptly make any changes he deems necessary to make the record full andcomplete, and shall notify the designee of such changes.

(b)(1) Except as provided in paragraphs (b) (2) through (4) of this section,participants shall keep a full and complete record of any communication (otherthan in a meeting held pursuant to this subpart) between or among themselves orwith any other member of a petroleum industry group created by the InternationalEnergy Agency (IEA), or subgroup thereof for the purpose of carrying out avoluntary agreement or developing or carrying out a plan of action under thissubpart, except that where there are several communications within the same dayinvolving the same participants, they may keep a cumulative record for the day.The parties to a communication may agree among themselves who shall keep suchrecord. Such record shall include the names of the parties to the communicationand the organizations, if any, which they represent; the date of communication;the means of communication, and a description of the communication in sufficientdetail to convey adequately its substance.

(2) Where any communication is written (including, but not limited to, telex,telegraphic, telecopied, microfilmed and computer printout material), and wheresuch communication demonstrates on its face that the originator or some othersource furnished a copy of the communication to the Office of InternationalAffairs, Department of Energy with the notation “VoluntaryAgreement” on the first page of the document, no participants need recordsuch a communication or send a further copy to the Department of Energy. TheDepartment of Energy may, upon written notice to participants, from time totime, or with reference to particular types of documents, require deposit withother offices or officials of the Department of Energy. Where such communicationdemonstrates that it was sent to the Office of International Affairs, Departmentof Energy with the notation “Voluntary Agreement” on the first pageof the document, or such other offices or officials as the Department of Energyhas designated pursuant to this section, it shall satisfy paragraph (c) of thissection, for the purpose of deposit with the Department of Energy.

(3) To the extent that any communication is procedural, administrative orministerial (for example, if it involves the location of a record, the place ofa meeting, travel arrangements, or similar matters) only a brief notation of thedate, time, persons involved and description of the communication need berecorded; except that during an IEA emergency allocation exercise or anallocation systems test such a non-substantive communication between members ofthe Industry Supply Advisory Group which occur within IEA headquarters need notbe recorded.

(4) To the extent that any communication involves matters which recapitulatematters already contained in a full and complete record, the substance of suchmatters shall be identified, but need not be recorded in detail, provided thatreference is made to the record and the portion thereof in which the substanceis fully set out.

(c) Except where the Department of Energy otherwise provides, all records andtranscripts prepared pursuant to paragraphs (a) and (b) of this section, shallbe deposited within seven (7) days after the close of the week (ending Saturday)of their preparation during an international energy supply emergency or a testof the IEA emergency allocation system, and within fifteen (15) days after theclose of the month of their preparation during periods of non-emergency,together with any agreement resulting therefrom, with the Department of Energyand shall be available to the Department of Justice, the Federal TradeCommission, and the Department of State. Such records and transcripts shall beavailable for public inspection and copying to the extent set forth in 5 U.S.C.552. Any person depositing materials pursuant to this section shall indicatewith particularity what portions, if any, the person believes are not subject todisclosure to the public pursuant to 5 U.S.C. 552 and the reasons for suchbelief.

(d) During international oil allocation under chapter III and IV of the IEPor during an IEA allocation systems test, the Department of Justice may issuesuch additional guidelines amplifying the requirements of these regulations asthe Department of Justice determines to be necessary and appropriate.

(Approved by the Office of Management and Budget under control number1105-0029)