Proclamation 3389—Modifying 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 Stat. 678, 19 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), Proclamation No. 3388 of December 10, 1959 (24 F.R. 10133), and Proclamation No. 3386 of December 24, 1960 (25 F.R. 13945); and

Whereas I find that historically imports of residual fuel oil to be used as fuel into the continental United States have principally been made into the East Coast area; and

Whereas I find that in order to permit the entrance of new importers and equitable adjustments of allocations in a manner which will Insure that adequate supplies of residual fuel oil to be used as fuel will be distributed to normal users, it is necessary to authorize the Secretary of the Interior to revise the system of allocating Imports into the East Coast areas of residual fuel oil to be used as fuel:

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 Proclamation No. 3279 of March 10, 1959, as amended by Proclamation No. 3290 of April 30, 1959, Proclamation No. 3328 of December 10, 1959, and Proclamation No. 3386 of December 24, 1960, Is hereby further amended as follows:

1. Subparagraph (2) of paragraph (a) of section 2 is amended to read as follows:

"(2) In District I the imports of residual fuel oil to be used as fuel shall not exceed the level of imports of that product into that district during the calendar year 1957. In Districts II-IV the imports of residual fuel oil to be used as fuel shall not exceed the level of imports of that product into those districts during the calendar year 1957."

2. Paragraph (e) of section 2 is amended to read as follows:

"(e) The Secretary of the Interior shall keep under review the Imports Into District I, Districts II-IV, and 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."

3. 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, other than residual fuel oil to be used as fuel, 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 imports of such finished products among persons who have been importers of such finished products into the respective districts or Puerto Rico during the respective base periods specified in section 2 of this proclamation, and (ii) for the granting and adjustment of allocations of imports of such finished products in accordance with procedures established pursuant to section 4 of this proclamation."

4. A new subparagraph (5) is added to paragraph (b) of section 3 as follows:

"(5) With respect to-the allocation of imports of residual fuel oil to be used as fuel Into Districts II-IV, District V, and Puerto Rico, such regulations shall, to the extent possible, provide for a fair and equitable distribution of imports of residual fuel oil to be used as fuel among persons who have been importers of that product into the respective districts or Puerto Rico during the respective base periods specified in section 2 of this proclamation. With respect to the allocation of imports into District I of residual fuel oil to be used as fuel, such regulations shall, to the extent possible, provide on and after April 1, 1961, for a fair and equitable distribution of imports of residual fuel oil to be used as fuel among persons who have been importers of that product into such district during the calendar year 1957 and among persons who are in the business in District I of selling residual fuel oil to be used as fuel and who have had Inputs of that product to deep-water terminals located In District I, in relation to such terminal inputs. With respect to the allocation of imports of residual fuel oil to be used as fuel into District I, Districts II-IV, District V. and Puerto Rico, such regulations shall also provide, to the extent possible, for the granting and adjustment of allocations of imports of residual fuel oil to be used as fuel In accordance with procedures established pursuant to section 4 of this proclamation."

5. Section 9 is amended by redesignating present paragraphs (b), (c), (d), (e), and (f) as paragraphs (d), (e), (1), (g), and (h), respectively, and by adding to that section two new paragraphs reading as follows:

"(b) 'District I' means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, West Virginia, Virginia, North Carolina, South Carolina, Georgia, and Florida, and the District of Columbia.

"(c) 'Districts II-IV' means all of the States of the United States except those States within District I and District V."

6. This amendatory proclamation shall not be deemed to affect the adjustments made by the Secretary of the Interior in the level of imports Into Districts I-IV for the period January 1, 1961, through March 31, 1961, of residual fuel oil to be used as fuel or the allocations made for such period.

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 17th day of January in the year of our Lord nineteen hundred and sixty-one, and of the Independence of the United States of America the one hundred and eighty-fifth.

DWIGHT D. EISENHOWER

By the President:

CHRISTIAN A. HESTER,

Secretary of State.