returned to the control and jurisdiction | lations contained in or issued under this of the Governor of The Panama Canal. FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 11, 1939. EXECUTIVE ORDER 8251 REGULATIONS GOVERNING THE ENTRANCE OF FOREIGN AND DOMESTIC AIRCRAFT INTO THE CANAL ZONE, AND NAVIGATION THEREIN By virtue of and pursuant to the authority vested in me by section 14 of title 2 of the Canal Zone Code, as amended by the act of July 9, 1937, 50 Stat. 486 (U.S.C., title 48, sec. 1314 a), I hereby prescribe the following regulations governing the entrance of foreign and domestic aircraft into the Canal Zone, and navigation of such aircraft within the Canal Zone. SEC. 1. Canal Zone set apart as military airspace reservation. The airspace above the Canal Zone, including the territorial waters within the three-mile marine boundary at each end of the Canal, is hereby set apart as and declared to be a military airspace reservation, to be known as the "Canal Zone Military Airspace Reservation." SEC. 2. Unlawful navigation of aircraft in military airspace reservation. It shall be unlawful to navigate any foreign or domestic aircraft into, within, or through the Canal Zone Military Airspace Reservation otherwise than in conformity with this Executive order: Provided, however, that none of the provisions of this order shall apply to military, naval, or other public aircraft of the United States. SEC. 3. Authorization for entrance of aircraft into the Canal Zone Military Airspace Reservation, and navigation therein. Aircraft, foreign or domestic, shall be navigated into, within, or through the Canal Zone Military Airspace Reservation only under and in compliance with an authorization granted after the effective date of this order (a) by the Civil Aeronautics Authority in the case of civil aircraft, and (b) by the Secretary of State in the case of all other aircraft. Such authorization shall be granted only after consultation with the Secretary of War, and shall be subject to the further rules and regu order, as well as those applicable generally to the entrance of aircraft into, and their navigation within or through, the Canal Zone Military Airspace Reservation. Application for such authorization shall be made (a) to the Civil Aeronautics Authority for flights by domestic civil aircraft, and (b) to the Secretary of State for flights by all other aircraft. All applications shall, unless otherwise directed by the Secretary of State or the Civil Aeronautics Authority, so far as either has jurisdiction with respect to particular classes of flights under this order, and with the agreement of the Secretary of War, set forth (a) the name, nationality, and address of the owner and of the pilot of the aircraft, (b) the make, model, and type of aircraft and information as to the registration thereof, (c) the registration marks displayed on the aircraft, (d) the names and nationalities of all persons aboard the aircraft, including passengers and crew, (e) the itinerary of the flight, (f) the purpose of the flight, (g) the expected time of arrival and duration of the stop within the Canal Zone, and (h) a statement as to firearms and cameras, if any, to be carried. In case any persons on board the aircraft, including passengers and crew, are in any way connected, either directly or indirectly, with the civil, military, or naval services of any foreign nation, in addition to designating such persons by name and nationality, the application shall contain a statement showing their connection with such service. SEC. 4. Aircraft operated by and transporting only citizens of the United States or its possessions. Aircraft operated by and transporting only persons who are citizens of the United States or its possessions, for which authorization has been granted under provisions of this order to be navigated into, within, or through the Canal Zone Military Airspace Reservation, shall nevertheless not be so navigated into, within, or through such reservation unless the following conditions, or such of them as have not been specifically waived in each case as provided in section 6 hereof, are complied with: (a) Prior to departure from the last point of landing before reaching the Canal Zone, the person in responsible charge of the aircraft shall notify the Governor of The Panama Canal, hereinafter referred to as the "Governor", preferably by radio, of the probable time of arrival and the cruising altitude and speed. (b) Such aircraft shall enter the Canal Zone Military Airspace Reservation via the prescribed route for private aircraft, and shall follow said route to, and land at, the landing area designated by the Governor, and such aircraft shall not pass through the said airspace reservation without so landing therein. (c) Immediately after landing in the Canal Zone, the pilot of the aircraft shall report to the Aeronautical Inspector of The Panama Canal for instructions, and shall observe the instructions received. (d) All such aircraft shall have all cameras carried therein sealed before taking off from the last point of landing prior to arrival at the Canal Zone Military Airspace Reservation, and all such cameras must remain under seal while within the said reservation. (e) Without the authorization of the Governor, no arms, ammunitions, or explosives, except small arms, shall be carried aboard such aircraft. (f) While within the Canal Zone Military Airspace Reservation, all aircraft shall be navigated in conformity with instructions or authorization of the Governor. SEC. 5. Aircraft operated by or transporting persons who are not citizens of the United States or of its possessions. Aircraft operated by or transporting per sons who are not citizens of the United States or its possessions, for which authorization has been granted under provisions of this order to be navigated into, within, or through the Canal Zone Military Airspace Reservation, shall nevertheless not be so navigated into, within, or through said reservation unless the following conditions, or such of them as have not been specifically waived in each case as provided in section 6 hereof, are complied with for each flight of such aircraft: (a) The term "flight" as used herein shall signify one or a number of aircraft under the command of or in responsible charge of a single person. (b) Not over twelve aircraft shall be included in one flight. (c) Prior to departure from the last point of landing before reaching the Canal Zone, the commander or the person in responsible charge of the flight shall notify the Governor, preferably by radio, of the probable time of arrival and the cruising altitude and speed. (d) The flight shall approach the Canal Zone following commercial air lanes to a rendezvous point, outside of the Canal Zone, designated by the Governor and announced by him to the Secretary of State or the Civil Aeronautics Authority. (e) On approaching the Canal Zone, the flight shall be met at the rendezvous by an official escort of aircraft from the Canal Zone and shall be escorted from the rendezvous point via a route prescribed by the escorting aircraft to a landing area in the Canal Zone. All such aircraft entering the Canal Zone Military Airspace Reservation shall land in the Canal Zone at the landing area designated by the Governor, and no aircraft shall pass through the said airspace reservation without so landing therein. (f) Immediately after landing in the Canal Zone, the commander or the person in responsible charge of the flight shall report to the Aeronautical Inspector of The Panama Canal for instructions, and shall observe the instructions re ceived. (g) A similar procedure with escort shall be required in leaving the Canal Zone. Governor, no arms, ammunition, or explosives, except small arms, shall be car (h) Without the authorization of the ried aboard such aircraft. (i) All such aircraft shall have all cameras carried therein sealed before taking off from the last point of landing prior to arrival at the Canal Zone Military Airspace Reservation, and all such cameras must remain under seal while within the said reservation. (j) While within the Canal Zone Military Airspace Reservation, all aircraft shall be navigated in conformity with instructions or authorization of the Governor. SEC. 6. Waiver of application of certain sections of order. The Secretary of EXECUTIVE ORDER 8254 State or the Civil Aeronautics Authority, so far as either has jurisdiction with respect to particular classes of flights under AUTHORIZING INCREASES IN THE PERSONNEL this order, and with the agreement of the Secretary of War, may waive the application of all or any part of the provisions of sections 2, 3, and 4 of this order. SEC. 7. Authority of Governor to administer order and make detailed regulations. Except as otherwise specifically provided herein, the provisions of this AND FACILITIES OF THE UNITED STATES WHEREAS a proclamation issued by me on September 8, 1939,3 proclaimed that a national emergency exists in connection with and to the extent necessary for the proper observance, safeguarding, and enforcing of the neutrality of the United States and the strengthening of our national defense within the limits of peace-time authorizations; and Guard, Treasury Department, will be WHEREAS the United States Coast charged with additional and important duties in connection with such national order shall be administered and enforced by the Governor, and the Governor is hereby authorized to make such detailed regulations as may be necessary to carry into effect the provisions of this order. SEC. 8. Punishment for violations. Any person who shall violate any of the provisions of this order shall be punish-emergency, requiring an increase in its personnel and facilities: able, as provided in section 14 of title 2 of the Canal Zone Code, supra, by a fine of not more than $500, or by imprisonment in jail for not more than one year, or by both. SEC. 9. Order subject to prior order and proclamation; revocation of prior orders and regulations. The provisions of this order shall be administered subject to the provisions of Executive Order No. 8232 of September 5, 1939,' entitled "Control of The Panama Canal and the Canal Zone", and the provisions of Proclamation No. 2350 of September 5, 1939, entitled "Prescribing Regulations Concerning Neutrality in the Canal Zone." Executive Order No. 4971 of September 28, 1928, designating the Secretary of State to receive and pass upon all applications for the privilege of operating commercial aircraft between the Canal Zone and foreign countries, is hereby revoked; and all other Executive orders and all regulations of the Secretary of State are hereby revoked in so far as and to the extent that they are in conflict with this order. SEC. 10. Effective date. This order shall take effect ninety days after the date hereof. FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 12, 1939. 14 F.R. 3812; 3 CFR, 1939 Supp., page 211. 24 F.R. 3821; 3 CFR, 1939 Supp., page 56. NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and by Revised Statutes, section 3679, as amended (U.S.C., title 31, sec. 665), it is hereby ordered as follows: 1. The present enlisted strength of the active list of the Regular Coast Guard shall be increased as rapidly as possible through voluntary enlistments by not to exceed 2,000 men, exclusive of enlistments authorized by section 4 of the act of August 5, 1939 (Public No. 291, 76th Cong.), of certain former Lighthouse Service personnel. 2. Within the limits of available appropriations, the present facilities of the Coast Guard shall be increased, repaired, modernized, enlarged, and equipped to the extent determined by the Secretary of the Treasury to be necessary to perform such additional duties and to accommodate such increased enlisted strength. 3. To the extent made necessary by this order, the Director of the Bureau of the Budget is hereby authorized to waive or modify the monthly or other apportionments of the appropriations for the Coast Guard for the fiscal year ending June 30, 1940. FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 18, 1939. 34 F.R. 3851; 3 CFR, 1939 Supp., page 59. EXECUTIVE ORDER 8255 TRANSFER OF CONTROL AND JURISDICTION NEW MEXICO WHEREAS certain lands within the hereinafter-described area have been acquired under the authority of Title II of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), in connection with the Tewa Basin Land Utilization Project in New Mexico; and WHEREAS by Executive Order No. 7908, dated June 9, 1938,1 all the right, title, and interest of the United States in such lands was transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 522, 525), and the related provisions of Title IV thereof; and WHEREAS it appears that the transfer of control and jurisdiction over such lands from the Secretary of Agriculture to the Secretary of the Interior for administrative purposes would be in the public interest: NOW, THEREFORE, by virtue of and pursuant to the authority vested in me by section 32 of Title III of the said Bankhead-Jones Farm Tenant Act, it is ordered that control and jurisdiction over all lands of the United States within the following-described area, together with any improvements thereon, be, and they are hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior; and the Secretary of the Interior is hereby authorized to administer such lands, through the Commissioner of Indian Affairs, for the benefit of such Indians as he may designate, under such conditions of use and administration as will best carry out the purposes of the land-conservation and land-utilization program for which such lands were acquired: SANDOVAL COUNTY, NEW MEXICO 13 F.R. 1389; 3 CFR, 1938 Supp., page 49. which is S. 89°43′ W., 49.43 chains from the E., 57.62 chains; thence S. 31°15' E., 22.38 THE WHITE HOUSE, September 18, 1939. EXECUTIVE ORDER 8257 AUTHORIZING EXCEPTED APPOINTMENTS TO MEET PUBLIC EXIGENCY By virtue of and pursuant to the authority vested in me by the provisions of paragraph Eighth of subdivision SECOND of Section 2 of the Civil Service Act (22 Stat. 403, 404), it is hereby ordered EXECUTIVE ORDER 8261 AMENDMENT OF EXECUTIVE ORDER No. 7972 OF SEPTEMBER 15, 1938 By virtue of the authority vested in me that, subject to appropriate noncompetitive tests of fitness, the Civil Service Commission is authorized to permit an immediate appointment without regard to the competitive requirements of the Civil Service Rules in any case in which it by the act of March 26, 1934, 48 Stat. appears that a public exigency exists 466, Executive Order No. 7972 of Septemwhich is directly connected with the neu- ber 15, 1938,1 prescribing regulations govtrality of the United States or the pre-erning payment of losses sustained by ofparedness program of the Federal Government. This authority may be used only under most unusual and compelling circumstances, and the person or persons so appointed will not thereby acquire a classified civil service status. FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 21, 1939. EXECUTIVE ORDER 8258 AMENDING PARAGRAPH 7, SUBDIVISION I, SCHEDULE A OF THE CIVIL SERVICE RULES By virtue of and pursuant to the authority vested in me by paragraph Eighth, subdivision SECOND, section 2 of the Civil Service Act (22 Stat. 404), it is ordered that paragraph 7, Subdivision I, Schedule A of the civil service rules be, and it is hereby, amended to read as follows: “7. Any person employed in a foreign country or in the Virgin Islands, or in Puerto Rico when public exigency warrants, or in any island possession of the United States in the Pacific ocean (except the Hawaiian Islands), or United States citizens employed in a confidential capacity in the Philippine Islands, when in the opinion of the Civil Service Commission it is not practicable to treat the position as in the competitive classified service; but this paragraph shall not apply to any person employed in Canada or Mexico in the service of the Immigration and Naturalization Service, Department of Labor, or to any person employed in any foreign country by the Bureau of Customs of the Treasury Department." FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 21, 1939. ficers, enlisted men, and employees of the count of appreciation of foreign currenUnited States in foreign countries on accies in their relation to the American dollar, is hereby amended as follows: 1. Section 1 (b) of the said Executive order is amended by adding thereto the following: The phrase "in the general area of foreign waters to which the vessel is stationed" means the area in which a ship may be required to operate in execution of its mission. The term "members of a ship's company" includes commissioned officers, warrant officers, members of Navy Nurse Corps, enlisted personnel, and civilians attached to the vessel for special duty. order is amended to read as follows: 2. Section 2 (b) of the said Executive 2. (b) In case of employees serving under the War and Navy Departments (with the exception of personnel of milinaval attaches and other employees attary and naval missions, military and tached to their offices, who shall be governed by paragraph (a) of this section), the loss reimbursable is that calculated on the basis of conversion into foreign allowances: Provided, however, and efcurrency of the employee's net pay and fective immediately, employees of the Navy shall be entitled to foreign service pay adjustment only in the event of deof the family of individual members of tail for duty on shore or when residence a ship's company is maintained in foreign countries, where the currency is appreciated in terms of American currency, when such countries are in the general area of foreign waters to which the vessel is stationed, on the basis of net pay and allowances earned during the period of duty on shore or maintenance of resi 13 F.R. 2249; 3 CFR, 1938 Supp., page 123. |