The Code of Federal Regulations of the United States of America: Having ...

allowance of $3.00 in lieu of subsistence and $1.00 in lieu of quarters.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 6, 1941.

EXECUTIVE ORDER 8675

AUTHORIZING THE DIRECTOR OF SELECTIVE SERVICE TO ESTABLISH OR DESIGNATE WORK OF NATIONAL IMPORTANCE UNDER CIVILIAN DIRECTION FOR PERSONS CONSCIENTIOUSLY OPPOSED TO COMBATANT AND NON-COMBATANT SERVICE IN THE LAND OR NAVAL FORCES OF THE UNITED STATES

By virtue of the authority vested in me by the Selective Training and Service Act of 1940 (Pub. No. 783, 76th Cong.), it is hereby ordered as follows:

1. The Director of Selective Service, hereinafter called the Director, is authorized to establish, designate, or determine work of national importance under civilian direction to which may be assigned persons found under section 5 (g) of the Selective Training and Service Act of 1940 to be conscientiously opposed to participation in combatant and non-combatant training and service in the land or naval forces of the United States.

2. The Director shall make the necessary assignments to such work, shall determine the agencies, organizations, or individuals that may provide civilian direction thereof, and shall have general supervision and control over such work.

3. To the extent that he may deem necessary to carry out the provisions of this order, the Director may utilize the services of the Departments, officers, and agents of the United States; accept the services of officers and agents of the several states, territories, and the District of Columbia, and the subdivisions thereof; and accept voluntary services of private organizations and individuals; and may obtain, by purchase, loan, or gift, equipment and supplies from Federal and other public agencies and private organizations and individuals, with or without advertising or formal contract.

4. The Director is authorized to prescribe such rules and regulations as may

be necessary to carry out the provisions of this order.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 6, 1941.

EXECUTIVE ORDER 8677

EMPLOYMENT OF THE LAND AND NAVAL FORCES IN THE CONTROL OF VESSELS IN THE TERRITORIAL WATERS OF THE UNITED STATES AND THE CANAL ZONE

WHEREAS section 1 of Title II of the act of June 15, 1917, 40 Stat. 217, 220 (U.S.C., title 50, sec. 191), provides:

"Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof."

WHEREAS by proclamation dated June 27, 1940,' I declared a national emergency to exist by reason of threatened disturbance of the international relations of the United States, and such emergency still exists;

WHEREAS I approved on June 27, 1940, and July 9, 1940, respectively, regulations issued by the Secretary of the Treasury and regulations issued by the Governor of the Panama Canal' pursuant to the above-quoted statutory provisions; and

WHEREAS section 4 of Title II of the said act of June 15, 1917, provides:

"The President may employ such part of the land or naval forces of the United States as he may deem necessary to carry out the purpose of this title."

13 CFR, 1940 Supp., p. 45.

233 CFR, 1940 Supp., Part 6, and 35 CFR, 1940 Supp., 4.180-4.186.

NOW, THEREFORE, by virtue of the authority vested in me by the last abovequoted statutory provisions, it is hereby ordered as follows:

Upon request of the Secretary of the Treasury or the Governor of the Panama Canal (or of such officers as are designated in regulations prescribed pursuant to section 1 of Title II of the said act of June 15, 1917) for assistance in the control of vessels in the territorial waters of the United States or in the territorial waters of the Canal Zone, respectively, those in command of the land and naval forces of the United States shall employ such part of the forces under their respective commands as may be necessary and available to render the assistance requested: Provided, that any such request by the Governor of the Panama Canal shall, while Executive Order No. 8232" of September 5, 1939 (placing control of the Panama Canal and Canal Zone in the Officer of the Army commanding the United States troops in the Canal Zone), or any future Executive order of like effect, remains in force, be subject to the approval of the commanding officer designated therein.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 11, 1941.

EXECUTIVE ORDER 8678

PLACING CERTAIN LANDS UNDER THE CONTROL AND JURISDICTION OF THE NAVY DEPARTMENT, THE WAR DEPARTMENT, AND THE UNITED STATES PUBLIC HEALTH SERVICE

PUERTO RICO

By virtue of the authority vested in me by the act of July 1, 1902, c. 1383, 32 Stat. 731, as amended by the act of May 17, 1932, c. 190, 47 Stat. 158, and as President of the United States, and (1) in conformity with the provisions of Act No. 32 of the Legislature of Puerto Rico, approved April 19, 1939, authorizing, in part, the Commission of the Interior of Puerto Rico to convey certain lands to the United States for use as a naval air base, and other purposes, and with the provisions of the deed of conveyance

CFR, 1939 Supp., p. 211.

dated November 7, 1939, executed by the said Commissioner pursuant to such Act, and (2) in conformity with the provisions of Act No. 67 of the Legislature of Puerto Rico, approved April 25, 1940, authorizing, in part, the Commissioner of the Interior of Puerto Rico to convey certain lands to the United States for nationaldefense purposes, and with the provisions of the deed of conveyance dated July 3, 1940, and the deed of correction dated September 4, 1940, executed by the said Commissioner pursuant to such Act, it is ordered as follows:

A. The following-described lands are placed under the control and jurisdiction of the Navy Department for use in connection with the United States Naval Air Station, San Juan, Puerto Rico:

1. All that tract of land delineated on Navy Department Drawing entitled "Navy Department, Bureau of Yards and Docks, Naval Air Station, Isla Grande, Puerto Rico, Plot of Parcel No. 2, No. 133498," dated September 20, 1939, which tract is more particularly described as follows:

Beginning at point No. 7 (marked by a 4inch square post, set deep into the mud, centered by a 1-inch iron pipe) of the former harbor line for the South shore of Miraflores Bay, San Juan, said point being South fortytwo hundred five and ninety-nine hundredths (4205.99) feet and East thirty-seven hundred twenty-three and ninety-four hundredths (3723.94) feet of a point at the intersection of "D" and "L" Streets in the City of San Juan, which point of reference is the origin of the coordinate system of all harbor surveys made by the War Department in San Juan Harbor; thence along said former harbor line of the South shore of Miraflores Bay, San Juan, South eighty-seven degrees fortyseven minutes fifty-six and nine-tenths seconds East (S 87°47′56.9'' E) to point A, a distance of two hundred forty-nine and eight hundredths (249.08) feet; thence North two degrees twelve minutes three and one-tenth seconds East (N 2°12'3.1" E) to point B, a distance of three hundred twenty-eight and eight hundredths (328.08) feet; thence North eighty-seven degrees forty-seven minutes fifty-six and nine-tenths seconds West (N 87°47'56.9" W) to point C on a stone dike already constructed, a distance of seven hundred forty-one and twenty-one hundredths (741.21) feet; thence South fortyseven degrees fifty-nine minutes thirty-four and two-tenths seconds East (S 47°59'34.2" E) along the stone dike to point D, a distance of five hundred twelve and forty-seven hundredths (512.47) feet; thence South eightyseven degrees forty-seven minutes fifty-six and nine-tenths seconds East (S 87°47'56.9'' E) a distance of ninety-eight and forty-two hundredths (98.42) feet to the point of beginning; said parcel No. 2 containing four and ten hundredths (4.10) acres, more or less;

together with a right-of-way leading from the said Parcel to the highway system, as shown on Navy Department Drawing entitled "Navy Department, Bureau of Yards and Docks, Naval Air Station, Isla Grande, Puerto Rico, Plot of Parcel No. 1, No. 133497," dated September 20, 1939, which right-ofway is more particularly described as follows:

Beginning at point A, said point being South forty-two hundred fifteen and fifty-six hundredths (4215.56) feet and East thirtynine hundred seventy-two and eighty-four hundredths (3972.84) feet of a point at the intersection of "D" and "L" Streets in the City of San Juan, which point of reference is the origin of the coordinate system of all harbor surveys made by the War Department in San Juan Harbor; thence following the course of the former harbor line 7-6 along the South shore of Miraflores Bay, San Juan, South eighty-seven degrees forty-seven minutes fifty-six and nine-tenths seconds East (S 87°47'56.9" E) for a width of thirty-two and eighty-one hundredths (32.81) feet lying to the North of and parallel to said harbor line 7-6 for a distance of thirty-three hundred forty-six and forty-five hundredths (3346.45) feet to the West side of a nameless street that runs parallel to and at a distance of about two hundred sixty-two and fortyseven (262.47) feet to the North-West of the road leading to Miraflores Island; said parcel No. 1 containing two and fifty-two hundredths (2.52) acres, more or less.

2. All that tract of land delineated on Navy Department Drawing entitled "Navy Department, Bureau of Yards and Docks, Naval Air Station, Isla Grande, Puerto Rico, Plot of Parcel No. 4, No. 133500," dated September 20, 1939. which tract is more particularly described as follows:

Beginning at point No. 2 of the U. S. Harbor Line system established by the Secretary of War for San Juan Harbor under date of August 21, 1916, and as shown on map entitled "Pierhead and Bulkhead Lines for the East and South Shores of San Juan Bay, Porto Rico, including San Antonio and Martin Pena Channels", said point being South fifteen hundred fifty-nine and forty-two hundredths (1559.42) feet and East twelve hundred forty-two and forty-three hundredths (1242.43) feet of a point at the intersection of "D" and "L" Streets in the City of San Juan, which point of reference is the origin of the coordinate system of all harbor surveys made by the War Department in San Juan Harbor; thence following the course of the harbor line South eighty-two degrees fifty minutes thirteen and nine-tenths seconds East (S 82°50′13.9′′ E) a distance of eight hundred (800.00) feet; thence due South a distance of one hundred fifty (150.00) feet; thence due West a distance of eighty (80.00) feet; thence due South three hundred thirty (330.00) feet; thence due West a distance of three hundred nineteen and thirty-four hundredths (319.34) feet to the San Juan Harbor Line; thence following the course of the harbor line North thirty-four degrees thirteen minutes forty-three seconds West (N 34°13' 43" W) a distance of seven hundred one and twenty hundredths (701.20) feet to harbor line point No. 2, the point of beginning. subject to the lineal extension Westerly of

the Southerly boundary and a Westerly extension of the Westerly boundary in conjunction with any modification of the San Juan Harbor lines, said described parcel containing an area of five and eighty-nine hundredths (5.89) acres, more or less. 3. All of Miraflores Island.

land is

B. The following-described hereby placed under the control and jurisdiction of the War Department for use as a United States Engineer Depot for national-defense purposes:

All that tract of land located in the Ward of Puerta de Tierra in the Municipality of San Juan comprising 5.49 acres and delineated on photostatic copy of map of Department of Interior, Division of Public Lands and Archives, Puerto Rico, approved January 29, 1940, as modified by the Bureau of Yards and Docks of the Navy Department, on file in the office of the Chief of Engineers, Wal Department, the said tract being described as follows:

Beginning at a point No. 13 which is fortythree and sixty-two hundredths (43.62) feet from point "K" of the Bulkhead line on a bearing of North seventy-seven degrees four minutes and fifty-six seconds West (N 77°04′56′′ W) and from said point No. 13 to point "1A" with a bearing of North nine degrees forty-three minutes East (N 9°43' E) a distance of four hundred ninety-one and twelve hundredths (491.12) feet; thence South seventy-seven degrees and twelve minutes East (8 77°12′ E) a distance of five hundred (500.00) feet to point "1B"; thence South twelve degrees forty-eight minutes West (S 12°48′ W) a distance of four hundred ninety-one and thirty-seven hundredths (491.37) feet to point "10", which is in the intersection of this course and the line "K-P" of the Bulkhead line; thence along said Bulkhead line North seventy-seven degrees four minutes and fifty-six seconds West (N 77°4′56′′ W) a distance of four hundred seventy-three and fifty-eight hundredths (473.58) feet to point No. 13, which is the point of beginning.

C. The following-described land is hereby placed under the control and jurisdiction of the United States Public Health Service, Federal Security Agency, for use as a quarantine station or as a site for a Marine hospital, or both, for national-defense purposes:

All that tract of land located in the Ward of Puerta de Tierra in the Municipality of San Juan comprising 7.92 acres and delineated on photostatic copy of map of Department of the Interior, Division of Public Lands and Archives, Puerto Rico, approved January 29, 1940, as modified by the Bureau of Yards and Docks of the Navy Department, on file in the Public Health Service, Federal Security Agency, the said tract being described as follows:

Beginning at a point "12B" which is a point located on the North Pierhead and Bulkhead line of San Antonio Channel, said

point being located a distance of five hundred ninety-eight and eight hundredths (598.08) feet from point "P" and bearing North seventy-seven degrees four minutes and fifty-six seconds West (N 77°04′56′′ W) therefrom; thence bearing North seventyseven degrees four minutes and fifty-six seconds West (N 77°04′56′′ W) along said Pierhead and Bulkhead line a distance of seven hundred four and twelve hundredths (704.12) feet to point "12C"; thence bearing North twelve degrees forty-eight minutes East (N 12°48' E) a distance of four hundred ninetyseven and twenty-seven hundredths (497.27) feet to point "1B" which is located on the south edge of the right of way from Fernandez Juncos Avenue; thence bearing South seventy-seven degrees and twelve minutes East (S 77°12′ E) a distance of three hundred thirty-five (335.00) feet to point No. 2; thence bearing South seventy-six degrees and six minutes East (S 76°06' E) a distance of ninety-four and thirty-nine hundredths (94.39) feet to point No. 3; thence bearing South seventy-one degrees and twelve minutes East (S 71°12′ E) a distance of sixtythree and eighty-five hundredths (63.85) feet to point No. 4; thence bearing South sixtyseven degrees and forty-five minutes East (S 67°45' E) a distance of two hundred fourteen and forty-eight hundredths (214.48) feet to point "4A"; thence bearing South twelve degrees and forty-eight minutes West (S 12°48′ W) a distance of three hundred fiftytwo and seventy hundredths (352.70) feet to point "12A"; thence bearing South twelve degrees and fifty-nine minutes West (S 12°59' W) a distance of one hundred two and twenty hundredths (102.20) feet to point "12B", which is the point of beginning.

This order supersedes the Executive order of July 22, 1902, reserving Miraflores Island for use as a quarantine station or as a site for a Marine hospital, or both, under the control of the Public Health and Marine Hospital Service, and Executive Order No. 83371 of February 3, 1940, placing certain lands in Puerto Rico under the control and jurisdiction of the Navy Department, the War Department, and the United States Public Health Service, Federal Security Agency. FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 11, 1941.

EXECUTIVE ORDER 8679 AUTHORIZING INITIAL APPOINTMENTS TO THE POSITIONS OF ASSISTANT DIRECTOR OF THE NAVAL CIVILIAN POLICE Corps of THE NAVY DEPARTMENT WITHOUT COMPLIANCE WITH THE CIVIL SERVICE RULES By virtue of and pursuant to the authority vested in me by the provisions

13 CFR, 1940 Supp., p. 97.

of paragraph Eighth of subdivision SECOND of section 2 of the Civil Service Act of January 16, 1883 (22 Stat. 403, 404), it is hereby ordered that, subject to the establishment before the Civil Service Commission of the requisite qualifications in each case, the initial appointments to the two positions of assistant director of the Naval Civilian Police Corps of the Navy Department may be made without compliance with the competitive provisions of the Civil Service Act and Rules.

This order is recommended by the Navy Department.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 13, 1941.

EXECUTIVE ORDER 8680

ESTABLISHING NAVAL DEFENSIVE SEA AREAS AROUND AND NAVAL AIRSPACE RESERVATIONS OVER THE ISLANDS OF KISKA AND UNALASKA

ALASKA

By virtue of the authority vested in me by the provisions of section 44 of the Criminal Code, as amended (U.S.C., title 18, sec. 96), and section 4 of the Air Commerce Act approved May 20, 1926 (44 Stat. 570, U.S.C., title 49, sec. 174), the territorial waters between the extreme high-water marks in the threemile marine boundaries surrounding the islands of Kiska and Unalaska are hereby established and reserved as naval defensive sea areas for purposes of national defense, such areas to be known, respectively, as "Kiska Island Naval Defensive Sea Area", and "Unalaska Island Naval Defensive Area"; and the airspaces over the said territorial waters and islands are hereby set apart and reserved as naval airspace reservations for purposes of national defense, such reservations to be known, respectively, as "Kiska Island Naval Airspace Reservation", and "Unalaska Island Naval Airspace Reservation".

At no time shall any person, other than persons on public vessels of the United States, enter either of the naval defensive sea areas herein set apart and reserved, nor shall any vessel or other craft, other than public vessels of the

United States, be navigated into either of said areas, unless authorized by the Secretary of the Navy.

At no time shall any aircraft, other than public aircraft of the United States, be navigated into either of the naval airspace reservations herein set apart and reserved, unless authorized by the Secretary of the Navy.

The provisions of the preceding paragraphs shall be enforced by the Secretary of the Navy, with the cooperation of the local law enforcement officers of the United States and of the Territory of Alaska; and the Secretary of the Navy is hereby authorized to prescribe such regulations as may be necessary to carry out such provisions.

Any person violating any of the provisions of this order relating to the above-named naval defensive sea areas shall be subject to the penalties provided by section 44 of the Criminal Code as amended (U.S.C., title 18, sec. 96), and any person violating any of the provisions of this order relating to the abovenamed naval airspace reservations shall be subject to the penalties prescribed by the Civil Aeronautics Act of 1938 (52 Stat. 973).

This order shall take effect ninety days after date hereof.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 14, 1941.

EXECUTIVE ORDER 8681

ESTABLISHING KANEOHE BAY NAVAL DEFENSIVE SEA AREA AND KANEOHE BAY NAVAL AIRSPACE RESERVATION

HAWAII

Kaoio Point, a line bearing northeast true extending four nautical miles from Kapoho Point, and a line joining the seaward extremities of the two above-described bearing lines, are hereby established and reserved as a naval defensive sea area for purposes of national defense, such area to be known as "Kaneohe Bay Naval Defensive Sea Area"; and the airspace over the said territorial waters is hereby set apart and reserved as a naval airspace reservation for purposes of national defense, such reservation to be known as "Kaneohe Bay Naval Airspace Reservation".

At no time shall any person, other than persons on public vessels of the United States, enter Kaneohe Bay Naval Defensive Sea Area, nor shall any vessel or other craft, other than public vessels of the United States, be navigated into said area, unless authorized by the Secretary of the Navy.

At no time shall any aircraft, other than public aircraft of the United States, be navigated into Kaneohe Bay Naval Airspace Reservation, unless authorized by the Secretary of the Navy.

The provisions of the preceding paragraphs shall be enforced by the Secretary of the Navy, with the cooperation of the local law enforcement officers of the United States and of the Territory of Hawaii; and the Secretary of the Navy is hereby authorized to prescribe such regulations as may be necessary to carry out such provisions.

Any person violating any of the provisions of this order relating to Kaneohe Bay Naval Defensive Sea Area shall be subject to the penalties provided by section 44 of the Criminal Code as amended (U.S.C., title 18, sec. 96), and any person violating any of the provisions of this order relating to Kaneohe Bay Naval Airspace Reservation shall be subject to the penalties prescribed by the Civil Aeronautics Act of 1938 (52 Stat. 973).

This order shall take effect ninety days after date hereof.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 14, 1941. .

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