The Board is authorized to grant an allocation on this ground to persons who do not qualify to receive an allocation from the Adinistrator.

A hearing was held on the petition on May 21, 1969, and the decision is made on the full record before the board.

Petitioner has been before the Board on numerous occasions, prior to 1967, requesting allocations of residual fuel oil and asphalt. In 1967, it filed a petition (P-19 (fp) for No. 2 fuel oil on which the Board granted an allocation for 1967 of 1,524 b/d and an allocation for 1968 of 403 b/d by Consolidated Decision. Northville Dock Corporation, et al, P-15 (fp), dated September 27, 1967. In 1968, Cirillo again filed a petition (Q-4) (fp) for No. 2 fuel oil on which the Board granted an allocation of 660 b/d for 1968, by Consolidated Interim Decision, United Oil Manufacturing Company, et al, dated February 27, 1968. This was in addition to the 1968 allocation awarded under P-15 (fp). No further award was granted petitioner under petition Q4 (fp) either under the decision Q-4 (fp), dated 9/30/68, or on the decision Q-4 (fp) (recon) dated December 31, 1968. Cirillo's facilities and marketing operations relating to No. 2 fuel oil and other petroleum products are set forth in detail in the early decisions.

Petitioner's claim of exceptional hardship is one of inadequate economic supply. Petitioner states that after soliciting supplies from twenty-three past, present. and new suppliers, the supplies assured for 1969 requirements are less than three-fourths the amount delivered to Cirillo's customers in 1968.

On the financial side petitioner states that it incurred a large loss of $224,000 on No. 2 fuel oil sales as result of a reduced allocation. Losses are projected to reach $600,000 on No. 2 fuel oil sales in 1969 if no relief is granted. Despite a projection of substantial 1969 profits on the sale of other products, they will sustain an overall loss of about $200,000.

It is the opinion of the Board that petitioner is continuing to suffer exceptional hardship attributable to the Program as the result of its inability to secure histroic volumes of No. 2 fuel oil at an economic cost.

Accordingly, Cirillo Brothers Oil Company is awarded an allocation to import 1,326 b/d (483,990 barrels) of finished product (No. 2 heating oil) into Districts I-IV. The Consolidated Interim Decision Upon Finished Petroleum Products Petitions dated September 29, 1969, provided petitioner with 957 b/d (349,305 barrels) of the above allocation. The remaining allocation of 369 b/d (134,685 barrels) of No. 2 heating oil not already provided is granted for the allocation period January 1, 1970 to December 31, 1970, provided interim action is not taken prior to January 1, 1970 that would make all or any part of this quantity available in 1969 from an increase in the Board's 1969 allocation. PAUL H. RILEY,

The Deep Water Terminal, Inc. formerly Whale Oil Company, Brooklyn, New York, filled a petition requesting the grant of an allocation to import 1.315 b/d (479,975 barrels) of finished product (No. 2 heating oil), into Districts I-IV, on the ground of exceptional hardship. It was reported that on April 1, 1969 Deep Water Terminals, Inc. took over Whale Oil's wholesale sales. The Board is author-ized to grant an allocation on this ground to persons who do not qualify to receive an allocation from the Oil Import Administrator.

A hearing was held on the petition on June 27, 1969, and the decision is made on the full record before the Board.

Petitioner has not been before the Board for No. 2 fuel oil. Deep Water is a wholesale marketer of No. 2, 4, and 6 fuels oils operating a deep water terminal

in the New York metropolitan area. Sales are mainly to transport truck owners and small terminal operators.

Petitioner's claim of exceptional hardship is one of inadequate economic supply. Deep Water states that after soliciting ten major suppliers for product, supplies for 1969 are less than 75% of the level of sales for 1968.

On the financial side petitioner states that is incurred significant losses on sales of No. 2 fuel oil in 1967 and 1968 and projects a loss of about $200,000 for 1969, if no quota is received. Indeed it reports a loss of $72,000 for the first four months of 1969, normally the most profitable part of the year.

It is the opinion of the Board that petitioner does suffer exceptional hardship attributable to the Program as a result of being unable to secure adequate supplies of economic No. 2 fuel oil to sustain sales at the 1968 sales level.

Accordingly, Deep Water Terminal, Inc. is awarded an allocation to import 438 b/d (159,870 barrels) of finished product (No. 2 heating oil) into Districts I-IV. The Consolidated Interim Decision Upon Finished Petroluem Products Petitions dated September 29, 1969, provided petitioner with 316 b/d (115,340 barrels) of No. 2 heating oil not already provided is granted for the allocation period January 1, 1970 to December 31, 1970, provided interim action is not taken prior to January 1, 1970 that would make all or any part of this quality available in 1969 from an increase in the Board's 1969 allocation.

Howard Fuel Oil Corporation of Brooklyn, New York, filed a petition requesting the grant of an allocation to import 5,125 b/d of finished product (No. 2 fuel oil) into Districts I-IV, on the ground of exceptional hardship. The Board is authorized to grant an allocation on this ground to persons who do not qualify to receive an allocation from the Oil Import Administrator.

A hearing was held on the petition on July 24, 1969, and the decision is made on the full record before the Board.

Howard Fuel was previously before the Board in 1968 with regards to No. 2 fuel oil. In 1968, the Board granted petitioner an allocation of 37 b/d by the Consolidated Interim Decision dated February 27, 1968. Under the Board's Decision Q-14 (fp) dated September 30, 1968, Howard was granted an additional 104 b/d allocation for the 1968 allocation period. The nature of petitioner's business as a marketer of fuel oils in New York metropolitan area is set forth in considerable detail in decision Q-14 (fp) and supporting documents for that decision and this petition.

Petitioner's claim of exceptional hardship involves deficient supplies of economic No. 2 fuel oil to maintain sales at historic levels. This is evidenced by petitioner's securing for 1969 less than seventy percent of the quantities marketed in 1968. Further despite receipt of the 1968 quota from the Board, Howard Fuel reported a $210,157 loss from No. 2 heating oil sales in 1968. Petitioner projects a $377,346 loss from No. 2 fuel oil sales in 1969.

It is the opinion of the Board that petitioner is continuing to suffer exceptional hardship attributable to the Program as the result of its inability to secure historic volumes of No. 2 fuel at an economic cost. However, the particular plight of Howard appears to be compounded by factors other than the Oil Import Program.

Accordingly, the Howard Fuel Oil Corporation is awarded an allocation to import 331 b/d (120,815 barrels) of finished products (No. 2 heating oil) into Districts I-IV. The Consolidated Interim Decision Upon Finished Petroleum

Products dated September 29, 1969, provided petitioner with 239 b/d (87,235 barrels) of the above allocation. The remaining allocation of 92 b/d (33,580 barrels) of No. 2 heating oil not already provided is granted for the allocation period January 1, 1970 to December 31, 1970, provided interim action is not taken prior to January 1, 1970 that would make all or any part of this quantity available in 1969 from an increase in the Board's 1969 allocation.

Patchogue Oil Terminal Corporation of Brooklyn, New York, filed a petition requesting the grant of an allocation to import 750,000 barrels of finished product (No. 2 fuel oil) into Districts I-IV on the ground of exceptional hardship. The Board is authorized to grant an allocation on this ground to persons who do not qualify to receive an allocation from the Administrator.

A hearing was held on the petition on July 22, 1969, and the decision is made on the full record before the Board.

Patchogue was previously before the Board in 1967 and 1968 with regard to No. 2 fuel oil. In 1967, petitioner's requests for allocations were denied under decisions P-33 (fp) dated September 27, 1967 and P-33 (fp) (recon) dated December 15, 1967. In 1968, the Board granted Patchogue an allocation of 846 b/d by the Consolidated Interim Decision dated February 27, 1968 and an allocation of 494 b/d by decision Q-9 (fp) dated September 30, 1968. The nature of petitioner's business as a marketer of fuel oils in New York metropolitan area is set forth in detail in prior decisions and supporting documents for the previous decisions and this petition.

Patchogue's claim of exceptional hardship involves deficient supplies of economic No. 2 fuel oil to maintain sales at previous levels. This is evidenced by petitioner's securing for 1969 only seventy-five percent of the quantities marketed in 1967. Further, despite receipt of the 1968 quota from the Board, Patchogue reported a small loss on No. 2 heating oil sales in 1968. Petitioner projects a substantial loss on No. 2 fuel oil sales in 1969.

It is the opinion of the Board that petitioner is continuing to suffer exceptional hardship attributable to the Program as the result of its inability to secure historic volumes of No. 2 fuel at an economic cost. However, it is the opinion of the Board that some of its financial difficulties are attributed to causes other than the Oil Import Program.

Accordingly, the Patchogue Oil Terminal Corporation is awarded an allocation to import 531 b/d (193,815 barrels) of finished product (No. 2 heating oil) into Districts I-IV. The Consolidated Interim Decision Upon Finished Petroleum Products Petitions dated September 29, 1969, provided petitioner with 383 b/d (139,795 barrels) of the above allocation. The remaining allocation of 148 b/d (54,020 barrels) of No. 2 heating oil not already provided is granted for the allocation period January 1, 1970 to December 31, 1970, provided interim action is not taken prior to January 1, 1970, that would make all or any part of this quantity available in 1969 from an increase in the Board's 1969 allocation.

Member,1

STANLEY NEHMER,
Member,
LEWIS S. FLAGG III,

Chairman.

1 Defense Member not available for signature.

In the matter of

U.S. DEPARTMENT OF THE INTERIOR,
OIL IMPORT APPEALS BOARD,
Washington, D.C., September 29, 1969.

Docket No. R-18 (fp)

SHOTMEYER BROTHERS, INC., PETITIONER

DECISION

The Shotmeyer Brothers, Inc. filed petitions requesting the grant of an allocation to import 5,000 b/d of finished product (No. 2 heating oil) and 2,500 b/d of finished product (gasoline) into Districts I-IV, on the ground of exceptional hardship. The Board is authorized to grant an allocation on this ground to persons who do not qualify to receive an allocation from the Oil Import Administrator.

A hearing was held on the petitions on June 30, 1969, and the decision is made on the full record before the Board.

Petitioner has been before the Board on one previous occasion. The nature of Shotmeyer's business as a distribution of petroleum products, as set forth in considerable detail in decision Q-61 (fp), continues to be an accurate description of petitioner's business.

Petitioner's claim of exceptional hardship is one of inadequate economic supply of both No. 2 fuel oil and gasoline. Shotmeyer states that after soliciting over fifteen major suppliers for these products, supplies for 1969 are less than the level of sales for 1968. However, in the case of gasoline sales, the gasoline required for the stations leased to oil companies is supplied by the oil company leasing the station.

On the financial side petitioner states that it incurred significant losses on sales of No. 2 fuel oil in 1967 and 1968 and projects a loss of about $180,000 for 1969, if no quota is received. Indeed it reports a loss of $54,000 for the first four months of 1969, normally the most profitable part of the year. Gasoline sales have been profitable in 1967 and 1968, but are projected to be unprofitable in 1969. It is the opinion of the Board that petitioner does suffer exceptional hardship attributable to the Program as a result of being unable to secure adequate supplies of economic No. 2 fuel oil to sustain sales at the 1968 sales level. However, in the case of gasoline, Shotmeyer's difficulty appears to be the result of causes other than the Mandatory Oil Import Program.

Accordingly, Shotmeyer Brothers, Inc. is awarded an allocation to import 62 b/d (22,630 barrels) of finished product (No. 2 heating oil) into Districts I-IV. The Consolidated Interim Decision Upon Finished Petroleum Products Petitions dated September 29, 1969, provided petitioner with the total 62 b/d (22,630 barrels) of the above allocation. No further allocation is provided under this decision and petitioner's request for a gasoline allocation is denied.

Northeast Equities, Inc., filed a petition requesting the grant of an allocation to import 10,958 b/d of finished product (No. 2 heating oil), into Districts I-IV, on the ground of exceptional hardship. The Board is authorized to grant an allocation on this ground to persons who do not qualify to receive an allocation from the Administrator.

1 Defense Member not available for signature.

43-328 0-7013

A hearing was held on the petition on July 14, 1969, and the decision is made on the full record before the Board.

Petitioner was before the Board in both 1967 and 1968. In both cases, Northeast was granted an allocation. The allocations totaled 502 b/d in 1967 and 2,221 b/d in 1968. Details on these decisions and a description of petitioner's business can be obtained in decisions: P-23 (fp), Consolidated Decision, Northville Dock Corporation, et al., dated September 27, 1967; Consolidated Interim Decision, United Oil Manufacturing, Q-3(fp), et al., dated February 27, 1968; and Northeast Equities, Inc., decision Q-23 (fp), dated September 30, 1968.

Northeast's claim of exceptional hardship involves deficient supplies of economic No. 2 fuel oil to maintain sales at previous levels. This is evidence by petitioners securing for 1969 less than seventy percent of the quantities required by its customers in 1968. This situation exists despite the petitioner's efforts to purchase from twenty-three suppliers. Petitioner states that its supply difficulties, which began in 1967, will continue unless an allocation is granted. Further, without an allocation in 1968, Northeast would have sustained a substantial loss. It is the opinion of the Board that petitioner is continuing to suffer excep‐ tional hardship attributable to the Program as the result of its inabiliy to obtain economic supplies of No. 2 fuel oil to sustain sales in 1969 at the 1968 level.

Accordingly, Northeast Equities, Inc., is awarded an allocation to import 1.667 b/d (608,455 barrels) of finished product (No. 2 heating oil) into Districts I-IV. The Consolidated Interim Decision Upon Finished Petroleum Products Petitions dated September 29, 1969, provided petitioner with 1,203 b/d (439,095 barrels) of the above allocation. The remaining allocation of 464 b/d (169,360 barrels) of No. 2 heating oil not already provided is granted for the allocation period January 1, 1970 to December 31, 1970, provided interim action is not taken prior to January 1, 1970, that would make all or any part of this quantity available in 1969 from an increase in the Board's 1969 allocation.

Gibbs Oil Company, Revere, Massachusetts, filed a petition requesting the grant of an allocation to import 1,566 b/d (571,590 barrels) of finished product (No. 2 fuel oil) into Districts I-IV, on the ground of exceptional hardship. The Board is authorized to grant an allocation on this ground to persons who do not qualify to receive an allocation from the Administrator.

A hearing was held on the petition on July 11, 1969, and the decision is made on the full record before the Board.

Petitioner previously filed an appeal with the Board in 1968. The nature of petitioner's business as a marketer of fuel oils, gasoline and auto accessories in Massachusetts and other New England areas is set forth in sufficient detail in decision Q-50 (fp) on the 1968 petition and supporting documents for that decision as well as for the current petition.

Gibb's claim of exceptional hardship involves deficient supplies of economic No. 2 fuel oil to meet its commitments. Further, petitioner would have sustained a significant loss in 1968 without a quota and projects a loss of about $200,000 in 1969 if a quota is not received.

It is the opinion of the Board that petitioner is continuing to suffer exceptional hardship attributable to the Program as the result of its inability to secure adequate quantities of economic No. 2 fuel oil.

1 Defense Member not available for signature.