Proclamation 3328—Further Amendment of Proclamation No. 3279 of March 10, 1959, Adjusting Imports of Petroleum and Petroleum Products

Whereas, pursuant to section 2 of the act of July 1, 1954, as amended by section 8 of the Trade Agreements Extension Act of 1958 (72 U.S.C. 1352a), I found and declared that adjustments must be made in the imports of crude oil, unfinished oils, and finished products so that such imports would not threaten to impair the national security and by Proclamation No. 3279 of March 10, 1959 (24 F.R. 1781), I proclaimed such adjustments; and

Whereas I modified such adjustments by Proclamation No. 3290 of April 30, 1959 (24 F.R. 3527); and

Whereas I find and determine that, in order to prevent total imports into District V (as defined in Proclamation No. 3279) from seriously impairing accomplishment of the purposes of Proclamation No. 3279, as amended by Proclamation No. 3290, it is necessary to reduce the quantities of authorized imports into that District subject to allocation, and that, in order to provide more flexible authority to the Secretary of the Interior with respect to imports of unfinished oils in District V, further adjustments should be made with respect to such imports; and

Whereas I find and determine that it is necessary to authorize the Secretary of the Interior to extend the jurisdiction of the Appeals Board with respect to petitions concerning finished petroleum products:

Now, Therefore, I, Dwight D. Eisenhower, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes, including section 2 of the act of July 1, 1954, as amended, do hereby proclaim that, effective January 1, 1960, Proclamation No. 3279 of March 10, 1959, as amended by Proclamation No. 3290 of April 30, 1959, is hereby further amended as follows:

1. Paragraphs (b), (c), and (e) of section 2 are amended to read as follows:

"(b) In District V the maximum level of imports of crude oil and finished products shall be an amount which, together with domestic production and supply and imports excepted by clause (4) of paragraph (a) of section 1 of this proclamation, will approximate total demand in that district as estimated by the Bureau of Mines for periods fixed by the Secretary and, for the purposes of this limitation, imports of unfinished oils shall be considered to be the equivalent of imports of crude oil on the basis of such ratios as the Secretary may establish. Within this maximum level, imports of finished products shall not exceed the level of imports of such products into this district during the calendar year 1957. Imports of unfinished oils as such (without respect to the requirement of equivalence) shall not exceed such per centum of the permissible imports of crude oil as the Secretary may from time to time determine."

"(c) The level of authorized imports established by paragraph (a) of this section shall not include imports of crude oil, unfinished oils, or finished products excepted by clause (4) of paragraph (a) of section 1; and the quantities subject to allocation in Districts I-IV pursuant to section 3 shall not be reduced by reason of such excepted imports. However, if the President should find and notify the Secretary of the Interior that, for any period for which allocations are made, a reduction is necessary in order to prevent total imports into Districts I-IV from seriously impairing accomplishment of the purposes of this proclamation, the quantities of authorized imports into Districts I-IV subject to allocation shall be reduced to the extent found necessary by the President."

"(e) The Secretary of the Interior shall keep under review the imports into Districts I-IV and into District V of residual fuel oil to be used as fuel and the Secretary may make, notwithstanding the levels prescribed in paragraphs (a) and (b) of this section and on a monthly basis if required, such adjustments in the maximum levels of such imports as he may determine to be consonant with the objectives of this proclamation."

2. Subparagraph (4) of paragraph (b) of section 3 is amended to read as follows:

" (4) With respect to the allocation of imports of finished products into Districts I-IV, District V, and Puerto Rico, such regulations shall, to the extent possible, provide (i) for a fair and equitable distribution of such products among persons who have been importers of finished products during the respective base periods specified in section 2 of this proclamation, and (ii) for the granting and adjustment of allocations of imports of finished products in accordance with procedures established pursuant to section 4 of this proclamation."

3. Section 4 is amended to read as follows:

"SEC. 4. (a) The Secretary of the Interior is authorized to provide for the establishment and operation of an Appeals Board to consider petitions by persons affected by the regulations issued pursuant to section 3 of this proclamation. The Appeals Board shall be comprised of a representative each from the Departments of the Interior, Defense, and Commerce to be designated, respectively, by the heads of such Departments. Such representatives shall be of the rank of Deputy Assistant Secretary or higher."

"(b) The Appeals Board may be empowered, within the limits of the maximum levels of imports established in section 2 of this proclamation (1) to modify, on the grounds of exceptional hardship or error, any allocation made to any person under such regulations; (2) to grant allocations of crude oil and unfinished oils in special circumstances to persons with importing histories who do not qualify for allocations under such regulations; (3) to grant allocations of finished products on the ground of exceptional hardship to persons who do not qualify for allocations under such regulations; and (4) to review the revocation or suspension of any allocation or license. The Secretary may provide that the Board may take such action on petitions as it deems appropriate and that the decisions by the Appeals Board shall be final."

4. Paragraph (c) of section 9 is amended by deleting therefrom the words "the Territory of".

In Witness Whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 10th day of December in the year of our Lord nineteen hundred and fifty-nine, and of the Independence of the United States of America the one hundred and eighty-fourth.

DWIGHT D. EISENHOWER

By the President:

CHRISTIAN A. HERTER,

Secretary of State