[Emergency Gasoline Rationing Regulations]
[From the U.S. Government Publishing Office, www.gpo.gov]

Form O.P.A.R-519
EMERGENCY GASOLINE
RATIONING REGULATIONS
TITLE 32.—NATIONAL DEFENSE CHAPTER XL—OFFICE OF PRICE ADMINISTRATION PART 1394—RATIONING OF FUEL AND FUEL PRODUCTS
Ration Order No. 5
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
CONTENTS
Sec.	Page
1394.1	Definitions______________________________________________________ 1
Scope of Ration Order No. 5
1394.5	Territorial limitations________,______________________________   »2
1394.6	Application of Ration Order	No.	5________________________________ 2
1394.7	Effective period of Ration	Order	No. 5_ _ _---------------------- 3
Administration and Personnel
1394.11	Personnel----------------------------------------------------- 3
1394.12	Powers and duties___________________________________________—	3
1394.13	Records confidential------------------------------------------ 3
Restrictions on Transfer and Use
1394.17	Restrictions on transfers to consumers--------------•.--------	4
1394.18	Transfers into the fuel tanks of motor vehicles or inboard motorboats____________________r--------------------------------------------- 4
1394.19	Bulk transfers___________________________________________________ 5
1394.20	Filing of forms__________________________________________________ 6
1394.21	Restrictions on use---------------------------------------------- 6
1394.22	Exceptions_______________________________________________________ 6
1394.23	Discrimination among consumers----------------------------------- 7
1394.24	Transfers outside of the rationed area--------------------------- 7
1394.25	Transfers for racing or exhibition use--------------------------- 8
Gasoline Ration Cards
1394.28	Form and use of gasoline ration cards____________________________ 8
1394.29	Application for gasoline ration cards---------------------------- 9
1394.30	Issuance of Class A cards________________________________________ 9
1394.31 Issuance of Class B cards---------L---------------------------- 9
1394.32 Issuance of Class X cards-------------------------------------- 11
1394.33	Filing of applications__________________________________________ 11
1394.34	Transfer without cards------------------------------------------ 12
1394.35	Notations----------------------------------------------------- 12
1394.36	Change of ownership or	use------------------------------------- 12
1394.37	Transfer and use of cards--------------------------------------- 12
Adjustments, Applications for Supplemental Ration and Appeals
1394.41 Issuance of cards to late applicants--------------------------- 12
1394.42 Adjustment of errors made by registrars------------------------ 13
1394.43 Application for supplemental ration---------------------------- 14
1394.44 Lost or destroyed ration cards-----------,--------------------- 15
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458260°—42----------1
Sec,	9 v v ■ . ’	’•	.	• • • . -■ Page
1394.45 Action on local board applications______________________,____	16
1394.46 Appeals from decisions of local boards.______________________ 16
Other Applicable Orders
1394.50 Effect of other government orders..___________________________ 16
Enforcement
1394.54 Unlawful transfer or use____:___--.z_________________________ 17
1394.55 Criminal prosecutions_______;______________________..._______ 17
1394.56 Cancellation of privileges, denial of materials, and requisition and reallocation of gasoline_________________ .._________________ 17
Effective Date
1394.60 Effective date_______________________________________________ 17
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CONFIDENTIAL: These regulations should not be made public until they have been officially issued and released.
EMERGENCY GASOLINE RATIONING REGULATIONS
Pursuant to the authority vested in me by Directive No. 1 of the War Production Board issued January 24, 1942, and by Supplementary Directive No. —, issued May —, 1942.
It Is Hereby Ordered That:
Authority : 1394.1 to 1394.60, inclusive, issued pursuant to Pub. Law 421, 77th Cong., 2d sess., WPB Directive No. 1, Supp. Dir. No. —, 7 F. R. 562, —.
DEFINITIONS
Section 1394.1 Definitions.—When used in this Ration Order No. 5:
(a)	“Application site” means any place designated by the Office of Price Administration for the issuance of gasoline ration cards during the period from May 12,1942 to May 14,1942.
(b)	“Board” means a Local Rationing Board.
(c)	“Consumer” means any person acquiring gasoline for use and includes dealers, dealer outlets or suppliers to the extent that they use gasoline.
() Persons acquiring gasoline for export to and consumption or use in any foreign country.
Section 1394.7 Effective period of Ration Order No. 5.—Ration Order No. 5 (1394.1 to 1394.60, inch) shall be effective for the period from May 12, 1942 to June 30, 1942, inclusive, and may be extended by the Office of Price Administration, in its discretion.
ADMINISTRATION AND PERSONNEL
Section 1394.11 Personnel.—(a) Ration Order No. 5 shall be administered by the Office of Price Administration through its Local Rationing Boards, and such other administrative personnel as it may designate. .
(b)	The persons referred to in paragraph (a) of this section may be assisted during the registration period by the chief school officials of the several states, the city and county superintendents of schools, and by the persons who may be appointed to act as school site administrators and registrars. The school site administrators shall be appointed by the city or county school superintendent and the registrars shall be appointed by the school site administrators. The persons enumerated in this paragraph shall serve without compensation and shall be under the supervision of the persons enumerated in paragraph (a) of this section and of the persons who appointed them.
(c)	No person participating in the administration of Ration Order No. 5 shall act officially in connection with any matter arising hereunder as to which he has any interest, by reason of business connection or relationship by blood or marriage.
Section 1394.12 Powers and duties.—The persons appointed to administer or to assist in administering Ration Order No. 5 shall have such powers and duties as are provided herein and in any subsequent orders issued by the Office of Price Administration.
Section 1394.13 Records confidential.—All records of the Office of Price Administration and of the Boards, relating to gasoline rationing shall be confidential and shall be subject to inspection, removal or other disposition, only as provided herein or as the Office of Price Administration may, from time to time, order. The records shall, at all times, be available for inspection and use by the Department of Justice of the United States, in or out of court. Any person filing a
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record, or his agent, may examine the records so filed by him, if to do so does not interfere with the administration of Ration Order No. 5. Records may be subpoenaed in any criminal proceeding in which the defendant is the person named in such records or is the person alleged to be in collusion with the person named and the records may be subpoenaed in any other action or proceeding if the subpoena is served at least ten days before the return date and if the Office of Price Administration deems that the production of the records in answer to such subpoena is in the interest of national defense and security.
RESTRICTIONS ON TRANSFER AND USE
Section 1394.17 Restrictions on transfer to consumers.—(a) On and after May 15, 1942, and notwithstanding the terms of any contract, agreement, or commitment, regardless of when made, no person other than a dealer, dealer outlet, or supplier shall transfer or offer to transfer gasoline to a consumer within the rationed area.
(&) On and after May 15, 1942, and notwithstanding the terms of any contract, agreement, or commitment, regardless of when made, no dealer, dealer outlet, or supplier shall transfer or offer to transfer gasoline to a consumer (and no consumer shall accept a transfer of gasoline) within the rationed area, except in accordance with the provisions of sections 1394.18,1394.19 and 1394.22 of Ration Order No. 5.
Section 1394.18 Transfers into the fuel tanks of motor vehicles or inboard motor boats.—(a) Transfer may be made to the holder of a gasoline ration card Class A or B which bears uncanceled and undetached units at least equal in number to the units of gasoline transferred. Such transfer may be made only into the fuel tank of the particular motor vehicle or inboard motorboat identified on such card. At the time of transfer, the dealer, dealer outlet or supplier, or the transferee in his presence, shall punch, tear off, obliterate or otherwise clearly cancel one unit on such card for each unit or fraction of a unit of gasoline transferred.
(b)	Transfer may be made, without restriction as to quantity, to the holder of a gasoline ration card Class X, upon exhibition of such card. Such transfer may be made only into the fuel tank of the motor vehicle or inboard motorboat identified on such card.
(c)	Transfer may be made, without restriction as to quantity and without presentation of a card, into the fuel tank of a motor vehicle or inboard motorboat clearly identifiable as an unrestricted vehicle or boat. Only motor vehicles and inboard motorboats in the categories listed below shall be deemed clearly identifiable as unrestricted
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and shall qualify for transfer and acquisition of gasoline without presentation of a card:
(1)	A motor vehicle or inboard motorboat specially equipped as an ambulance or hearse;
(2)	A motor vehicle bearing a license plate, registration card or other designation, or an inboard motorboat bearing a number, certificate, document, or other designation, clearly indicating that it is in use by a Federal, State, local or foreign government or agency thereof;
(3)	A motor vehicle clearly identifiable by its physical appearance or by its license plate or registration card as a truck, bus, jitney or taxicab, except that a station wagon shall not be deemed to be so identifiable by physical appearance alone;
(4)	An inboard motorboat clearly identifiable by physical appearance or by its certificate or document, as a tug, ferry, harbor craft, lighter, freight-carrying, mail-carrying or sightseeing craft, or as used for dredging; or carrying a certificate or document identifying it as used for commercial fishing or piloting or as a public conveyance or carrier for hire; "
(5)	Any motor vehicle or inboard motorboat, if the occupant thereof exhibits an official military, naval or Federal or State governmental travel order, in effect at the time of the transfer, authorizing or directing travel by motor vehicle or inboard motorboat.
Section 1394.19 Bulk transfers.—(a) Bulk transfer may be made to a consumer in a drum or other container or for delivery into a tank truck or storage tank, maintained by such consumer for supplying more than one motor vehicle or inboard motorboat: Provided^ That such consumer signs a certificate on Form OP A R-511. Such consumer may accept such transfer only for use in, and only in quantities needed to supply, motor vehicles or inboard motorboats in the following categories:
(1)	Motor vehicles or inboard motorboats as to which there is outstanding a gasoline ration card Class A or B, containing uncancelled units. Such consumer may then transfer the amount of gasoline so acquired only into the fuel tanks of such motor vehicles or inboard motorboats and only in accordance with and upon complying with the requirements of paragraph (a) of section 1394.18;
(2)	Motor vehicles or inboard motorboats as to which a gasoline ration card Class X has been issued or which qualify for transfer of gasoline without presentation of a gasoline ration card, pursuant to the provisions of paragraph () Application for a Class B card shall be made on Form OPA R-506 and the applicant shall furnish the information required by such Form. At the time of applying for a Class B card, the applicant shall present the registration card or registration certificate identifying the motor vehicle for which the application is made.
(c)	In determining the average mileage per day which a motor vehicle registered in the rationed area is customarily driven in the rationed area, for the purposes of this section, the applicant inay include any mileage customarily driven, in the pursuit of or to or from a gainful occupation, outside of the rationed area but within fifty (50) miles by nearest route of any border of the state in which such motor vehicle is registered, except that:
(1)	In the case of a motor vehicle registered in Sullivan County, Tennessee, owned by a resident of Bristol, Tennessee, the applicant may include mileage driven outside of the rationed area within a radius of fifty (50) miles of the City of Bristol.
(2)	In the case of a motor vehicle registered in a county (or part of a county) in the State of Florida, which is east of the Apalachicola River, the applicant may include mileage driven outside of the rationed
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area but within fifty (50) miles of that part of the Apalachicola River which lies in Florida.
(d)	No Class B card shall be issued with respect to an inboard motorboat, except in accordance with the provisions of section 1394.43 of Ration Order No. 5.
Section 1394.32 Issuance of Class X cards.—(a) The registered owner or the person entitled to possession of a motor vehicle or inboard motorboat may obtain a Class X card, in lieu of a card of any other class, if all or substantially all of the use to which such vehicle or boat is customarily put is in one or more of the following categories:
(1)	As an ambulance or hearse;
(2)	As a taxi, bus, jitney, ferry or other public conveyance for hire, or as a vehicle or boat available for public rental;
(3)	By a regularly practicing minister of a religious faith, in the performance of religious duties in meeting the religious needs of the congregation served;
(4)	By a duly licensed physician, surgeon, nurse, osteopath, chiropractor or veterinarian, in making professional calls and rendering medical, nursing, professional or veterinary services;
(5)	. For the official business of Federal, State, local or foreign governments or government agencies;
(6)	For trucking, hauling, towing, freight-carrying, delivery, or messenger service;
(7)	For the transportation of materials and equipment for construction or for mechanical, electrical, structural or highway maintenance or repair services; or for the transportation of work crews to enable them to render such services;
(8)	For dredging,, or for fishing, guiding, trapping, lumbering or sightseeing as a means of earning a livelihood, in the case of an inboard motorboat.
(5)	Application for a Class X card shall be made on Form OBA R-507, in the case of a motor vehicle, or on Form OPA R-508, in the case of an inboard motorboat. At the time of applying for a Class X card, the applicant shall present the registration card or registration certificate of the motor vehicle, or the certificate or document (if any) of the inboard motorboat for which the application is made.
Section 1394.33 Filing of applications.—(a) All applications for gasoline ration cards (other than Class A cards for motor vehicles) submitted at an application site shall, when passed upon, be turned over by the school site administrator to the Board having jurisdiction over the area in which such application site is located.
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(b) Each Board shall maintain a complete file of all applications for gasoline ration cards (other than Class A cards for motor vehicles) made in the area over which it has jurisdiction.
Section 1394.34 Transfer without card.—Nothing in section 1394.32 shall be construed to require the presentation or exhibition of a Class X card as a condition of transfer of gasoline in accordance with the provisions of paragraph (e) of section 1394.18.
Section 1394.35 Notations.—At the time of issuance of any gasoline ration card, the person issuing such card shall make a clear notation, in ink, by typewriter or in indelible pencil, in a conspicuous place on the back of the registration card or registration certificate (or, in the case of an inboard motorboat, on the certificate or document, if any) presented by the applicant, showing the class and serial number of the ration card issued. No person shall issue or receive more than one gasoline ration card for any motor vehicle or inboard motorboat, except as hereinafter in sections 1394.41 to 1394.46, inclusive, provided.
Section 1394.36 Change of ownership or use.—Upon cessation of use or change in ownership or registration of any motor Vehicle or inboard motorboat for which a gasoline ration card has been issued, such card shall forthwith be destroyed by the holder thereof. Any transferee of such vehicle or boat may apply for a gasoline ration card pursuant to the provisions of section 1394.41.
Section 1394.37 Transfer and use of cards.—No gasoline ration card may be transferred or assigned; such card may, however' be used by anyone in connection with the vehicle or boat with respect to which it was issued, so long as there is no change in ownership or registration of such vehicle or boat and, in the case of a Class X card, so long as all or substantially all of such use is for one of the purposes for which such card was issued.
ADJUSTMENTS, APPLICATIONS FOR SUPPLEMENTAL RATION AND APPEALS
Section 1394.41 Issuance of cards to late applicants.—(a) Any person who fails to apply for a gasoline ration card during the period from May 12,1942 to May 14,1942, and who wishes to obtain such card, may do so by making application therefor at any Local Rationing Board in the rationed area. Such application shall be made in the manner provided by sections 1394.30 to 1394.32, inclusive, of Ration Order No. 5.
(&)	The Board shall examine the registration card or registration certificate (or, in the case of an application with respect to an inboard motorboat, the certificate or document, if any) presented by the ap-
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plicant. If it finds that no gasoline ration card has previously been issued to the applicant and that no application for any such card has previously been made by him, it shall issue a gasoline ration card to him in accordance with the provisions of sections 1394.30 to 1394.32, inclusive, except that:
(1)	If the applicant is entitled to a Class A card only, one unit shall be removed from such card for each six (6) day period (or part thereof) between May 15,1942 and the date of issuance;
(2)	If the applicant is found to be entitled to a Class B 1 card, one unit on such card shall be removed for each four (4) day period (or part thereof) between May 15,1942 and the date of issuance;
(3)	If the applicant is found to be entitled to a Class B 2 card, one unit on such card shall be removed for each three (3) day period (or part thereof) between May 15,1942 and the date of issuance;
(4)	If the applicant is found to be entitled to a Class B 3 card, three (3) units on such card shall be removed for each full seven- (7) day period between May 15,1942 and the date of issuance.
Section 1394.42 Adjustment of errors made by registrars.—(a) Any person who claims that a gasoline ration card was improperly denied to him by a registrar at an application site or who claims that the card issued to him by such registrar is of a different class from that to which he is entitled under Ration Order No. 5 and pursuant to his application,, may apply for an adjustment. Such application shall be made by appearing before and requesting adjustment by the Local Rationing Board (or any designated official thereof) having jurisdiction over the application site at which the error is claimed to have been made.
(b)	If the applicant claims that the card issued to him is of a different class or unit value from that to. which he is entitled,, the Board shall obtain and examine the application originally made by the applicant at the application site. If for any reason it cannot obtain the application originally made, the Board shall require the applicant to prepare a duplicate of the application originally made and to swear to or affirm the fact that it is an exact duplicate of such application. If it determines that, on the basis of such application and under the provisions of sections 1394.30 to 1394.32, inclusive, of Ration Order No. 5, a card of a different class should have been issued to the applicant, it shall rectify the error by issuing the proper card. In such event, it shall require the applicant to surrender the card originally issued and it shall cancel the number of units on the new card equivalent to the number of gallons of gasoline acquired on said original card.
(c)	If the applicant claims that a gasoline ration card was improperly denied to him:
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(1)	The Board shall examine the application originally made by him at the application site and shall issue such card as it determines that the applicant is entitled to receive pursuant to the provisions of sections 1394.30 to 1394.32, inclusive, of Ration Order No. 5; or
(2)	If the applicant complains of a denial of a Class A card for a motor vehicle, for which no written application is required, he shall present his registration card or registration certificate for examination by the Board and shall submit an affidavit or affirmation stating that he applied for a Class A card and identifying the application site at which he so applied. The Board shall, in such case, issue a Class A card to the applicant if it finds that such card was improperly denied to him at the application site.
Section 1394.43 Applications for supplemental ration.—(a} Any person to whom a gasoline ration card has been issued, who finds that the ration provided thereunder is insufficient to permit use of the motor vehicle or inboard motorboat to an extent which is essential to the life or to the pursuit of the gainful occupation of a person who needs the use of such vehicle or boat, may apply for a supplemental ration. Application may be made, on Form OPA R-512, to any Board in the rationed area. A supplemental ration shall be deemed essential to life if transportation by motor vehicle or inboard motorboat is required in order to obtain medical attention or therapeutic treatment, or in order to procure food or supplies, or because physical disabilities render other means of transportation impossible or hazardous.
(b)	The applicant shall state on Form OPA R-512, under oath or on affirmation, in addition to such other information as may be required:
(1)	The facts by reason of which his present ration is claimed to be insufficient;
(2)	The facts which support his claim that an additional ration is essential to life or to the pursuit of a gainful occupation;
(3)	The alternative means of transportation, including “doubling-up”, which are available to him and the reasons, if any, why such alternative means are not reasonably adequate;
(4)	The number of miles of driving in the rationed area from the date of the application through June 30, 1942, claimed to be essential.
If the applicant is an employee and claims that a supplemental ration is essential to enable him to carry on his work, the application must be verified by his employer or by an authorized representative of his employer. Every applicant shall also write in, at the top of his application, a description of the precise nature of his work.
(c)	The Board may, in its discretion, require the applicant to furnish any additional information which it deems pertinent to his appli-
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cation. It may also require him to appear before it for further inquiry and to produce such witnesses or other testimony or proof as ■ it may deem necessary.
(d)	The Board shall grant a supplemental ration only if it finds that such supplemental ration is essential to life or to the pursuit of a gainful occupation and that no reasonably adequate alternative means of transportation are available. In determining whether alternative means of transportation are available, the Board shall consider whether the applicant can meet his essential needs by using any reasonably available and adequate existing public transportation facilities, whether other vehicles or boats are owned by him or available for his use, and whether he has exhausted his opportunities, if any, to “double-up” with the owner of another motor vehicle or inboard motorboat. It may also consider such other factors as it may deem material.
(e)	If the Board grants the application, it shall determine Che quantity of gasoline (over and above that available to the applicant under his existing gasoline ration card if any), which is essential to the applicant from the date of its decision through June 30,1942. It shall then issue to the applicant B 1, B 2, or B 3 cards, or any combination of them, in sufficient number to allow to the applicant the quantity of gasoline determined to be essential, on the basis of the then gallonage value of a unit. It shall cancel any units on such cards,, when issued, in excess of the number representing the gallonage which it decides to allot in accordance with the provisions of this paragraph.
(/) The requirement that the applicant describe and establish the inadequacy of alternative means of transportation available to him shall not apply to an application made by a dealer in motor vehicles or inboard motorboats, if the supplemental ration is sought for the purpose of enabling such dealer to demonstrate to prospective purchasers motor vehicles or inboard motorboats which he holds for sale or resale.
Section 1394.44 Lost or destroyed ration cards.—(a} The owner of a gasoline ration card which has been lost or destroyed, or so damaged or mutilated as to be rendered unfit for use, may apply for' a new card to replace the one so lost or destroyed. Such application may be made, on Form OPA R-509, to any Board in the rationed area.
(6)	The application on Form OPA R-509 shall be made under oath or on affirmation and, in addition to such other information as may be required, shall identify the gasoline ration card sought to be replaced and shall state the number of units on such card which were cancelled prior to its loss or destruction. If the Board finds the facts stated to be true, it may, in its discretion, issue a card of the same type as the one sought to be replaced, after removing from
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the new card units equal in number to those determined to have been cancelled on the original card.
Section 1394.45 Action on Local Board applications.—(a) The Board shall render its decision on an application made pursuant to the provisions of section 1394.41,1394.42, 1394.43 or 1394.44 within five (5) days after the date of such application; in any case of apparent emergency, such decision shall be made within twenty-four (24) hours, if possible. The Board shall promptly notify thé applicant of its decision. Where a number of applications pursuant to sections 1394.41, 1394.42, 1394.43 and 1394.44, inclusive, are pending before the Board, it shall pass first on those made by persons engaged in 'work related to production àt a factory, plant or other establishment manufacturing or producing war material, equipment, supplies, or machinery.
(b) The Board shall keep a full and complete written record of applications made pursuant to sections 1394.41 to 1394.44, inclusive, and of its action thereon.
Section 1394.46 Appeals from decisions of local boards.—(a) Any applicant may appeal to the State Director from an adverse decision of the Board by filing with the Board a statement in writing setting forth his objections to the decision and the grounds for the appeal. The statement must be filed not later than five days after notice of the decision. Within three days after receipt of the statement, the Board shall send it to the State Director together with its entire record on the application^
(6) The State Director may request the applicant to appear or to furnish such additional information as he may deem pertinent. The State Director shall render his decision on appeal within five (5) days after receipt of the statement, and, in cases of apparent emergency, within twenty-four (24) hours, if possible. He shall pass first on appeals by persons engaged in the work described in paragraph (a) of section 1394.45. He shall promptly notify the applicant and the Board, in writing, of his decision.
OTHER APPLICABLE ORDERS
Section 1394.50 Effect of other government orders.—‘Nothing in Ration Order No. 5 shall be deemed to authorize a use of a motor vehicle or inboard motorboat in contravention of the provisions of any order issued by the Office of Defense Transportation or of any other applicable government order, regulation, or statute.
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ENFORCEMENT
Section 1394.54 Unlawful transfer or use.—No person shall transfer, offer to transfer, accept a transfer of, or use gasoline, where such transfer, offer, acceptance of transfer, or use is in violation of Ration Order No. 5.
Section 1394.55 Criminal prosecutions.—(a) Any person who shall knowingly and wilfully falsify an application, certificate or any record included within the terms of Ration Order No. 5, or who shall otherwise knowingly furnish false information to a registrar, a Board, or any other agent, employee or officer of the Office of Price Administration, may upon conviction be fined not more than $10,000 or imprisoned for not more than ten years, or both.
(b) Any person who wilfully performs any act prohibited, or wilfully fails to perform any act required, by any provision of Ration Order No. 5 or amendment thereof, may upon conviction be fined not more than $10,000 and imprisoned for not more than one year, or both.
Section 1394.56 Cancellation of privileges, denial of materials, and requisition and reallocation of gasoline.—(a) Gasoline transferred in violation of Ration Order No. 5 shall be subject to requisition, reallocation and distribution by the appropriate officers or agents of the United States.
(b) Any dealer, dealer outlet or supplier who has violated Ration Order No. 5 may be prohibited either permanently, or for such time and subject to such conditions as may be deemed appropriate, from selling, transferring or otherwise disposing of any product subject to this or any other Ration Order, now or hereafter promulgated by the Office of Price Administration.
EFFECTIVE DATE
Section 1394.60 Effective date.—Ration Order No. 5 (sections 1394.1, 1394.5 to 1394.7, 1394.11 to 1394.13, 1394.17 to 1394.25, 1394.28 to 1394.37, 1394.41 to 1394.46, 1394.50, 1394.54 to 1394.56, and 1394.60, inclusive) shall become effective May 12, 1942.
Issued this —— day of--------- 1942.
Leon Henderson, Administrator.
U. S. GOVERNMENT PRINTING OFFICE: 1942
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