As previously noted, in some cases the related activities performed
through unified operation or common control for a common business
purpose which are included in the enterprise under the definition in
section 3(r) of the Act may include activities other than the wholesale
or bulk distribution of petroleum products. Examples are tire recapping
or gasoline station services, the sale and servicing of oil burners, or
the distribution of coal, ice, feed, building supplies, paint, etc. In
some instances, as in the case of oil-burner servicing, these other
activities are customarily performed as an incident to or in conjunction
with the wholesale or bulk distribution of petroleum products in the
enterprises of the industry engaged in such distribution. As indicated
in Sec. 794.104, employees of the enterprise who engage in such
activities are within the general scope of the exemption. However,
activities which are not customary practices of enterprises in the
industry of wholesale or bulk distribution of petroleum products are not
within the scope of the intent of the section 7(b)(3) exemption. For
example, construction activities, operation of a sporting goods store,
scrap paper and metal activities, the operation of a general repair
garage, etc., are not the type of activities for which the section
7(b)(3) exemption was intended. Thus, where an enterprise engaged in the
wholesale or bulk distribution of petroleum products operates a general
repair garage, a mechanic servicing the automobiles and trucks brought
to the garage by customers will not for that reason be within the
exemption provided by section 7(b)(3), although the exemption provided
by section 13(a)(2) may apply to him if the garage qualifies as an
exempt retail or service establishment under the tests provided in that
section of the Act. On the other hand, mechanics employed by an
enterprise engaged in the wholesale or bulk distribution of petroleum
products for the purpose of keeping the distribution equipment of the
enterprise in good repair would come within the 7(b)(3) exemption.
