« PreviousContinue »
(i) That he gave no personal consideration to it, and had no knowledge of the facts involved therein while so connected, and
(ii) That he is not assisting and will not be assisted by any person who has personally considered it or gained personal knowledge of the facts thereof while connected with the Office of Alien Property Custodian.
(d) Continuing bar; confidential material. Nothing in this section shall be deemed to authorize the disclosure, regardless of the passage of time, of any information in the files and papers of the Office of Alien Property Custodian within the purview of $ 503.17 in any manner other than that provided in the said $ 503.17. (G.O. 32, Oct. 5, 1944, 9 F.R. 12197)
ing in lieu thereof the words "W. D. Bradford, as Assistant to the Alien Property Custodian."
$ 503.32 Limitations on representative activities by former employees-(a) Two year bar; claims against the United States. No person appointed as an officer, clerk, or employee in the Office of Alien Property Custodian shall act as counsel, attorney, or agent for prosecuting in the Office of Alien Property Custodian any claim against the United States which was pending in the Office of Alien Property Custodian while he was such officer, clerk, or employee, nor in any manner, nor by any means, aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employee.
(b) One year bar; policy-making officials. Without limitation on paragraph (a) of this section, no person who has held a position as a policy-making officer or à policy-making employee of the Office of Alien Property Custodian may appear in & representative capacity before the Office of Alien Property Custodian or any oficer, clerk, or employee thereof within one year after the termination of his incumbency of such position. The term “representative capacity” as used in paragraphs (b) and (c) of this section shall mean the function of rendering services of any nature to any person, firm, corporation, or association, not undertaken at the written request of the Custodian.
(c) Qualified one year bar; non-policymaking officials. Without limitation on paragraph (a) of this section, no person who has held a position in the Office of Alien Property Custodian other than that of a policy-making officer or a policy-making employee may appear in a representative capacity before the Office of Alien Property Custodian or any officer, clerk, or employee thereof within one year after the termination of his incumbency of such position unless he obtains the prior approval of the Custodian in each matter. To obtain such approval he must file an affidavit stating:
(1) His former connection with the Office of Alien Property Custodian;
(2) That while he was connected with the Office of Alien Property Custodian the matter was not pending therein, or if it was so pending:
PART 508SPECIAL REGULATIONS
[ADDED) Sec. 508.1 Ratification of appointments, etc. 508.2 Delegation of authority to Assistant
to Allen Property Custodian. AUTHORITY: 88 508.1 and 508.2 issued under 40 Stat. 411, as amended; 50 U.S.C. App., Sup., 616. E.O. 9193; 3 CFR Cum. Supp.
$ 508.1 Ratification of appointments, etc. (a) (1) The appointment and designation of all employees, appointees, delegates, designees, agents, supervisors, proxies, attorneys, representatives and other personnel heretofore appointed on behalf of the Alien Property Custodian or in the Office of Alien Property Custodian, together with all powers, authority, functions and duties conferred, granted or delegated by virtue of any certificate of appointment, general order, proxy, letter or other instrument of appointment or delegation by or under the authority of Leo T. Crowley as Alien Property Custodian, and
(2) All certificates of appointment, general orders, special orders, orders, regulations, licenses, instructions, directions, delegations, designations, authorizations and forms executed, issued or promulgated by or under the authority of Leo T. Crowley as Alien Property Custodian, are, except as hereinafter indicated, hereby affirmed, ratified and continued in effect according to their terms until revoked, superseded or terminated by, or by authority of, the undersigned.
(b) Any instrument which might lawfully be issued by or under the authority of the Alien Property Custodian shall not be deemed invalid for the reason that it contains the printed, or otherwise stamped or affixed name "Leo T. Crowley” instead of the name "James E. Markham", but shall be construed as though it contained the name “James E. Markham" in place of the name “Leo T. Crowley” unless the context otherwise requires.
(c) The certificates of appointment granted to James E. Markham as Deputy Alien Property Custodian dated March 19, 1942 (7 F.R. 2363) and October 30, 1942 (7 F.R. 8911), having no further utility, are hereby terminated and revoked as of this date, but without impairment of any action heretofore taken thereunder or by virtue thereof. (Special Reg. 1, Mar. 27, 1944, 9 F.R. 3479)
NOTE: By order, Allen Property Custodian, Mar. 28, 1944, 9 F.R. 3522, Francis J. McNamara was appointed Deputy Allen Property Custodian.
$ 508.2 Delegation of authority to Assistant to Alien Property Custodian. (a) Thomas H. Creighton, Jr., as Assistant to the Alien Property Custodian and Chief of the Property Division is hereby designated and appointed as agent and delegate of the Alien Property Custodian,
(1) To take such action as he deems necessary in the administration of paragraphs 2 (f) and 5 of Executive Order No. 9095 (3 CFR Cum. Supp.), as amended, and any orders issued pursuant thereto;
(2) To issue any demand, direction, or instruction directed to any person, firm or corporation, or take any other action
necessary in order to effectuate any vesting order issued by the Alien Property Custodian;
(3) To take custody of and to receipt for any property or interest therein, or to accept payment, conveyance, transfer, assignment, or delivery made to or for the account of the Alien Property Custodian.
(b) The instrument of delegation dated August 1, 1942, executed by Leo T. Crowley, as Alien Property Custodian, granting certain powers to Francis J. McNamara, Assistant to the Alien Property Custodian, confirmed by an instrument of delegation dated September 17, 1943, executed by Leo T. Crowley as Alien Property Custodian (8 F.R. 12771), having no further utility, is hereby terminated and revoked, without impairment of any action heretofore taken thereunder or by virtue thereof, and without impairment of the designation and appointment of the said Francis J. McNamara as Deputy Alien Property Custodian nor of any actions heretofore or hereafter taken by him in the capacity of Deputy Alien Property Custodian.
(c) The authority heretofore conferred upon the Chief, Estates and Trusts Section, Territory of Hawaii, by an instrument of delegation dated September 17, 1943, executed by Leo T. Crowley, as Alien Property Custodian, continued in effect by virtue $ 508.1 shall be exercised under the general supervision of Thomas H. Creighton, Jr., as Assistant to the Alien Property Custodian and Chief of the Property Division. (Special Reg. 2, July 22, 1944, 9 F.R. 8975, 9077]
TITLE 9/ANIMALS AND ANIMAL PRODUCTS
Part Chapter -Bureau of Animal Industry (Including Meat Inspection Regulations of the War Food Administration)..
1 Chapter II—War Food Administration (Packers and Stockyards).
203. CHAPTER I-BUREAU OF ANIMAL INDUSTRY (Including Meat Inspection Regulations of the War Food
Subchapter A-Meat Inspection Regulations Part
Part 1 General provisions. (Amended] 21 Appeals. (Revised] 7 Facilities for inspection.
30 Authority delegated to Chief of (Amended]
Division. (Amended] 18 Reinspection and preparation of
meat and products. (Amended) Subchapter D_Exportation and Importation of Animals and Animal Products 91 Inspection and handling of livestock 93 Special regulations governing exfor exportation (except to Mex
port and import of livestock to ico). (Revised)
and from Mexico. (Amended) 92 Importation of livestock into the
United States (except from Mex-
Subchapter F–Animal Breeds
Subchapter A-Meat Inspection Regulations CODIFICATION: Subchapter A was amended in the following respects by B. A. I. Rev. Order 211, Amendment 18, Assistant War Food Administrator, Jan. 4, 1944, 9 F.R. 193:
1. The words "Chief of Division" were substituted for "Director" and "Secretary of Agriculture” wherever they appear in $ 1.1 (k), (bb), Parts 4, 5, $ 6.3, $ 7.7, Parts 8, 9, 10, 13, 15, 16, 17, 18, 19, 20, 22, 23, 24, 38 25.15, 27.6 (b), 27.8, 27.17 (a), 27.18, Parts 29, 30, 31.
2. The words “Chief of the Meat Inspection Division" were substituted for “Director" wherever it appears in $$ 25.6, 25.10, 25.11, 25.13, 25.14, 25.16, 27.6 (1), 27.7, 27.23.
PART 1-GENERAL PROVISIONS Sec. 1.1 Definitions. (Amended)
$ 1.1 Definitions.
(ff) Division. The Meat Inspection Division, Livestock and Meats Branch, Food Distribution Administration, War Food Administration. (Paragraph (ff) added Jan. 4, 1944, 9 F.R. 193] PART 7-FACILITIES FOR
INSPECTION Sec. 7.5 Overtime work of meat inspection em
ployees. (Revised ] 7.6 Overtime pay for holidays. [Revoked]
$ 7.5 Overtime work of meat inspection employees. The management of an official establishment desiring to operate under conditions which will require the services of an employee of the Division on Sunday or a holiday, or for more than eight working hours of any day, shall, sufficiently in advance of the period of overtime, request the inspector in charge or his assistant to provide inspection service during such overtime period, and shall reimburse the Secretary of Agricuture for the cost of such overtime upon receipt of notice from an authorized official of the Department. It will be administratively determined
625507-45-SUPP. VII-BK, 1-36
sistant War Food Administrator, Mar. 16, 1944, 9 F.R. 2939.
from time to time which days constitute holidays. (34 Stat. 1260–1265; 21 U.S.C. 71-91) (B.A.I. Rev. Order 211, Amdt. 18, Jan. 4, 1944, 9 F.R. 193]
$ 7.6 Overtime pay for holidays. [Revoked]
CODIFICATION: $ 7.6 was revoked by B.A.I. Rev. Order 211, Amendment 18, Assistant War Food Administrator, Jan. 4, 1944, 9 F.R. 193.
PART 21-APPEALS [REVISED]
§ 21.1 Appeals from meat inspection actions. Any appeal from a decision of an employee of the Division shall be made to his immediate superior having jurisdiction over the subject matter of the appeal. (34 Stat. 1260-1265; 21 U.S.C. 71-91) [B.A.I. Rev. Order 211, Amdt. 18, Jan. 4, 1944, 9 F.R. 193]
PART 18—REINSPECTION AND
PREPARATION OF MEAT AND
PRODUCTS Bec. 18.28 Dog, cat, and fox foods; manner of
marking; preparation under sani
tary conditions. (Revoked] § 18.28 Dog, cat, and for foods; manner of marking; preparation under sanitary conditions. [Revoked]
CODIFICATION: $ 18.28 was revoked by B.A.I. Rev. Order 211, Amendment 19, As
PART 30-AUTHORITY DELEGATED
TO CHIEF OF DIVISION Sec. 30.3 Appeals. (Revoked]
$ 30.3 Appeals. (Revoked] CODIFICATION: $ 30.3 was revoked by B.A.I. Rev. Order 211, Amendment 18, Assistant War Food Administrator, Jan. 4, 1944, 9 F.R. 193.
Subchapter D—Exportation and Importation of Animals and
PART 91-INSPECTION AND HAN
DLING OF LIVESTOCK FOR EXPOR-
[REVISED) Sec. 91.1 Definitions. 91.2 Animals to be handled in compliance
with regulations. 91.3 Ports of export. 91.4 Inspection and certification. 91.5 Diagnostic tests for dairy and breed
ing cattle. 91.6 Disinfection of cars and other con
veyances. 91.7 Rest and inspection before embarka
tion. 91.8 Accommodations for humane treat
ment of animals on vessels. 91.9 Headropes and halters. 91.10 Space on vessels. 91.11 Crates and portable stalls. 91.12 Hatches. 91.13 Upper-deck fittings. 91.14 Protection from heat of boilers and
engines. 91.15 Ventilation. 91.16 Feed and water. 91.17 Attendants. 91.18 Lighting. 91.19 Alleyways. 91.20 Stanchions. 91.21 Beams. 91.22 Roofs. 91.23 Flooring. 91.24. Footlocks.
Sec. 91.25 Outside planking. 91.26 Breast, front, and foot boards. 91.27 Rump boards. 91.28 Division boards. 91.29 Troughs and hayracks. 91.30 Defective fittings. 91.31 Cleaning and disinfecting vessels, fit
tings, utensils, and equipment. AUTHORITY: $$ 91.1 to 91.31, inclusive, issued under 23 Stat. 32, as amended, 26 Stat. 416, as amended, 32 Stat. 792, as amended, 21 U.S.C. 101-105, 111-113, 120-122; 26 Stat. 833, as amended, 46 U.S.C. 466a, 466b.
SOURCE: $$ 91.1 to 91.31 Inclusive, contained in B.A.I. Order 378, Secretary of Agriculture, May 3, 1944, effective July 1, 1944, 9 F.R. 4739.
$ 91.1 Definitions. Whenever in the regulations in this part the following words, names, or terms are used they shall be construed as follows:
(a) Foreign country. Any country other than Mexico.1
(b) Department. The United States Department of Agriculture.
(c) Bureau. The Bureau of Animal Industry of the Department.
For regulations governing exportations to Mexico, see 9 CFR, Cum. Supp., Part 93, and Part 93 of this chapter, infra.
(d) Chief of Bureau. Chief of the Bureau of Animal Industry.
(e) Inspector. An inspector of the Bureau.
(f) Animals. Horses, cattle, sheep, swine, and goats.
(g) Horses, Horses, mules, and asses.
(h) Roofing paper. Any saturated roofing paper of a grade known to the trade as 30-pound roofing paper.
(1) Stanchion. Post or other fixed upright support.
§ 91.2 Animals to be handled in compliance with regulations. No animals covered by the regulations in this part shall be exported to a foreign country except in compliance with the provisions thereof.
$ 91.3 Ports of export. The following are designated ports of export for animals at which inspection will be maintained: Portland, Me.; Boston, Mass.; New York, N. Y.; Philadelphia, Pa.; Baltimore, Md.; Newport News and Norfolk, Va.; Jacksonville, Port Everglades, and Miami, Fla.; Mobile, Ala.; New Orleans, La.; Galvestor and Houston, Tex.; San Diego, Los Angeles, and San Francisco, Calif.; Portland, Oregon; and Seattle and Tacoma, Wash. Other ports may be designated in special cases by the Chief of Bureau.
$ 91.4 Inspection and certification. No animals shall be exported to any foreign country until they have been inspected in the manner prescribed by the Chief of Bureau and found to be free from evidence of communicable disease or exposure thereto, and until they have been tested in the manner provided in $ 91.5, if they are of a class required by that section to be tested. If, upon inspection, they are found to be free from evidence of communicable disease or exposure thereto, they shall be accompanied with a certificate to that effect, signed by a Bureau inspector,
$ 91.5 Diagnostic tests for dairy and breeding cattle. No dairy or breeding cattle shall be exported to a foreign country unless they are shown by proper certificate to have passed a negative test for tuberculosis and, if they are more than 6 months old, a negative blood test for brucellosis (Bang's disease) within 30 days of the date of shipment: Provided, however, That the test for brucellosis may be waived in respect to animals that
have been officially vaccinated as calves within the previous 12 months: And provided further, That either or both of these tests may be waived upon presentation by the exporter to the inspector at the port of embarkation of a written per-. mit by an authorized representative of the foreign government to ship a specifiled lot of cattle to that particular country without said tests.
The tuberculin test may be applied by à Bureau inspector or by a veterinarian accredited by the Bureau, in which case the certificate shall be endorsed by the inspector in charge of disease-eradication work in the State of origin. Blood tests for brucellosis shall be made in laboratories recognized by the Bureau and State authorities for that purpose, and the certificate shall be issued or endorsed by the inspector in charge of diseaseeradication work in the State of origin.
§ 91.6 Disinfection of cars and other conveyances. No animals intended for export to a foreign country shall be transported in cars or other conveyances which have been used in the transportation of livestock since they were last cleaned and disinfected: Provided, however, That express cars or other conveyances not regularly used for the transportation of livestock need not be so disinfected. If such animals are confined in crates or portable stalls, these either shall be new and previously unused or shall be cleaned and disinfected before receiving such export animals.
$ 91.7 Rest and inspection before embarkation. No animals shall be loaded upon a vessel for exportation until they have been allowed at least 5 hours' actual rest in suitable quarters at the port of embarkation: Provided, however, That such period of rest will not be required if the animals were transported thereto in cars in which there was opportunity to rest and proper feed and water were provided, or when the animals are to be stowed in box stalls aboard ship.
All animals shall remain at the port of export a sufficient length of time and under conditions to afford proper inspection during daylight. The place of detention for rest and inspection shall be subject to approval of the inspector. Movement of animals from the holding yards, pens, or stables to the transporting vessel, and their loading, storing, and tying, shall be accomplished in a manner satisfactory to the inspector.