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Case 1:99-cv-00550-ECH

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Washmgfo., Tuesday, November 10, 1953

DONE at the City ef Washington thls TITLE 3--THE PRESIDENT CONTENTS Fifth day of November in the year of our PROCLAMATION 3035 Y.ord nineteen hundred and THE PRESIDENT [s~.~] fllty-three, and of the Inde~CE DAY, 1953 P'~e pendence of the United States P~'oclamat|on BY TKE PRESIDENT OF ~ UNITED STATES of America the one hundred and seventy- Armistice Day, 1953 .... _ ~'O'Lq OF ,~]]g~lOA ~ght~ Executive Order Dv~c~T D. FAs~mew~ Saf~ oJ~l tnformsf~on A PRO~ON in the Luterest~ o£ the defense WHEREAS November 11, 1953, marks By the President: e£ the United States__ _ "/049 the thirty-fifth anmversary of the szgn~rALTER ]3. S~r~, mg of-the Arm~tice wlnch e.nded the Ae~,ng ,.~ecret~ry Of Slate. EXECUTIVE AGENCIES bi~er hos~Uties of World War I and [P. IZ. ~Doc. 55-@574; ~fled. l~ov. 9, 1953; Agncullure Deparfment served as a beacon of hope to allhumau10:44 ~. m.] See Production and~srke~ng Ad-Ity that peace would prevail on the mlnL~tratiov_ ear~; and WHEREAS the sons of the heroes of Army Depadmenf Chateau-Th~erry, Samt ]s..cihleL and the Rules and re&-u1~flons: EXECUTIVE ORDER 10501 Argonne had scarcely come of age when Procurement procedure; n~d~celthey were called upon to meet new ag- SaFzuu~mn~G O~CZa~ Im~'oPJc~zez~ ~z~ ~neous amendmen~._~ "~05T gressoz~s at Omaha Beach, An~o, Iwo Civil AeronauHcs Admm.slraJhna, ~reartbreak l~dge, and elsewhere, U~ SzACr.S lion ~ud to ~ve their lives, many of them, be- ~HEREAS It is e,~ential that the cltlfore nevr ~ces could still the fight- zens of the United States be informed See al~o CiH1 Aeronautics Bo~d. Rules and regulations: ing and give renewed opportunity fer concerning the actlvltles of thdr govern- Blue CivlI Airway 28: establ~ a true peace; and ment; and Civil aLrv;ays, de~I~atlon of.._ "~055 ~rHEP,,EAS the Congress, by a con~HEREAS the inter~ts ef national Control areas, conirol zones, current resolution of June 4, 1926 (44 defense require the preservation of the and reporU.n~ points, des'~Staf~ 1989-) requested the P~emdent to ability o~ the United States to pzutec~ nation of "f05~ ~sue a proclamation calling ~or the 01~ and defend itself agulnst all hestile er ~J~erm~; edterations_~ "~05~ servanco each year of the anmversary destructive action by coverf~ or ever~ of the ~gnmg of the ~ce on NoCivil Aeronautics Board vember 11, 1918, and, by an act approved means, including espIonnge n~ well as 1Totices: military action; and ~.ay 13, 1938 (52 Star. 351) made NoAcclden~ oecuzzi~ at New York WHEREAS it is certain vember 11 of each year a legal holiday, oi~clalinformattone.~en~/that nntlonsl Internatlon,~ Ah'pe~; mvestlalIecting the and prowded that the day r~heuld be defense be protected unHermly agab~ gation and hearin~ ~062 dedicated to the cause of world peace and Rules and regulations: unauthorized disclosure: .should be known as Arm~tce Day- and Air tra~o rules; ~ al~NOW, ~ORE~ vLrtue of %he WHEREAS it ~s a w~e custom to re- authority vested by me by the constltutude~ within control zen~ and in dedicate ourselves each year at thzs time areas (VI~) .......... 7055 t~en and statutes, and as Pre.~d~ut of to the prevention of armed conflict the United States, and deeminff such Commerce Depaflment smozlg ~tions: NOW, THEREFORE, I, D'~IG]~ D. action necessary in the best interests of See Ctvfl Aerenautic~ ~tlon; lqatienal Shipping Authe natlenal securlty, it is hereby ordered ]~ENHOWEI~ President of the United theztty. States of Amerzea, do hereby mvite and as follew~ urge the people of the Nation to devote ~,zzoz~ I. Cla~lleafton Categorfe~. Defense Depadment themselves anew on Wednesday, Novem- Offlelal information which requires pro- ¯ Vee Army Dcp-:~rtment. ber 11. 1953, to the task of promo~ngtection in the interests of naUenpl de-Federal Power Comm~ssson with fervor and zeal a permanent peace fem;e ab.nll be IImlted to three categories Nof~ces: ~nong all the peoples of the earth. I of cla.~iflcatlon, which in de~cendlug Hearing, etc.. also direct the appropriate efltcmls of the order of importance shall cant one of Central Matue Power Co "/062 Government to arrai~e for the display the foHowtug deslgnaUons: Top S~ret, P~clflo Gas and Electra Co-- "~O6l -of the. flag of the United States on all Secret, or ConfldenUnL I~o other deslgTranscontinental Gas Pipe public buildings on that day. ~ation shall be used to alasslfy dafeuse Line Corp.~ ~'Q62 information, including military informa- Federal Trade Comm~ssmn IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of tion, as requlrin~ protecUen in the in- Rules and ze&mlations: the United States of America to-be texests of natlonal defen.~e, e~cep~ as V/col stock industry" ~.~cLcslon of par~_._ 'i'056 alT~xed. (ContJnucd on p. 7051) "/049

HeinOnline -- 18 Fed. Reg. 7049 1953

Case 1:99-cv-00550-ECH
Tuesday, November I0, 1953
§ 167.1 of the roles and regulations for ~xance of accounts (24 CT~ 167.1) § 163.13 o£ the rules and regulations for insurance of accounts (24 CFR 163.13) zs hereby amended, affect~ve November 10, 1953, by mser~ug the following prov~uon after the first sentence thereof: 'qf. upon the expwation of twenty years from the date its accounts were insured, the Federal insurance reserve account of any znsured restitution is less than 5 percent but not less than 3 percent of all insured accounts, such restitution may earmark undivided profits m an amount wlnch, when combined with the amount m its Federal insurance reserve account wM equal 5 percent of all insured accounts, and the funds so earmarked shall be conmdered a part of the Federal n~urance reserve and be subject to aH the limitations wlnch apply thereto until such reserve account, e~xclus~ve of the funds so earmarked, equals 5 percent of all insured accounts: Prov~Ie~, That the date of compliance with tins section for each such insured restitution shall be not Inter than the close of the semz~nuual period following the twentieth anmv~ date of its insurance of accoUnts:' So that the section~ as amended, shall read as follows: §163.13 .~eg~r cre~i~. Each msured restitution shah thereafter credit to its Federal znsurance reserve, dunng each of its fiscal years, an amount equal to at leas~ three-tenths of 1 percent of all insured accounts outstanding at the begmmng of such fiscal year; and shah build up the Federal insurance ~eserve to an amount equal to at least 2~ percent el all msurad accounts within th~rt~n years from the effective date of msurauce and to an amount equal to at least 5 percent of aH insured accounts within twenty years from such date: Prov~eg, That credits to the Federal insurance re~erve need not be made whenever such ~asuranco reserve account equals or exceeds the mmunum amounts required by f~ section. If, upon the expiration of t~venty years from the date its accounts ware rosined, the Federal msurance reserve account of any insured restitution ~s less than 5 percent but not less than 3 percen~ of all insured accounts, such institution may earmark undiwded profits m an amount wlnch, when combined with the amount m its Federal insurance reserve account will equal 5 per~ cent of all insured accounts, and the funds so earmarked shah be conmdered a part of the ~Federal insurance reserve and be subject to all the limitations ~vlnch apply thereto until such reserve account, exclumve of the funds so earmarked, equals 5 percent of all insured ~ccoUnts: Prove, That the date of compliance with th~s section for each such msared m.~titution shall be not later that the close of the se~m-annual period following the twentieth anmversary date of its insurance of accounts. If for any reason, the Federal msuranca reserv~ account of any m~itution wl~ch has been insured for at least twenty years thereafter reduced to less that 5 percent of all insured accounts, such restitution shall transfer to its Federal insurance reserve account, for each diw-

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dend period, at least 25 percent of Its ne~ operating income before the declaration of dividends or the payment of interes~ on savmg~, until its Federal insurance reserve account is again equal to at least 5 percent of all Insured accounts. Resolved further that. as this amendment operates to relieve a restriction, It found that it is not neceamry to ~ue such regulation with notice and public procedure thereon under § 108.12 of the general regulations of the Home Loan Bank Board (24 CFR 108.12) or ~ection 4 (a) of the Administrative Procedure Act, and that the effeetlve date limitation of section 4 (c) of said act is not applicable. (Sac. 402, 48 SLat. ~(3, 03 amended; U. S. O, 1725. IntCrpret~ or nppllc3 ce~ 403, 48 Stat. 1257, as mnended; ~2 U. S. C. 172G) By the Home Loan Bank Beard. J. Fa~c~s MooP~. Seerefar~. [~. R. DoC. 53-9502; ~lled, ~/OV. 9, 19~3; 8:50 a. m.]

TITLE 29---LABOR
Chapter V~Wage and Hour Div~smn, Deparfment of Labor Dnu~ox o~" ~ BU~OH, ~C~ ~ JEv~r I~;DUSr~- n~ PU~TO l~co I~ISCELI~EOUS ~'DLIEr~S The mi~h~tun wage order for the Pearl Button and Bucl~e Div~on of the Button, Buckle, and Jewelry Indu~ry m Puerto Rico. as recommended bY SPeczal Industry Committee No. 12 for Puerto RICO wa~ approved and made final pursuant to authority under the Fair Y~bor Standard~ Acf~ of 1938, as amended (52 slat. 1060, as amended; 29 17. S. C. 201) and published in the F'zn~ P~s'~:~ on Au~-u~ 18,1953 (18 F. 17. 4889) ~e order is hereby ~v~ed as set forth below. I. Rede~gnate § 709.1 Wage rafe~ as paragraph (e) of § 709.1. 2. Delete all of § 709.2. 3. P~desi~ate §709.3 as subparagraph (5) of § "/09.3 (b), as follows. § 709.3 * * * (b) ** " (5) De, riffian o/the ~earZ b~ff~ an~ ba~:l¢ ditrI~on o] the button, buckle, anc~ ~e~elr'~ tndustrd t~ Puerto Rico. The manufacture of buRens and buckles from ocean pearl or other natural shell Sl~ed at ~Tashin~ton, D. C, tlns 9th day of November 1953. W~ R. ?.~cCoza~, Admfni~rator Wage an~ Hour Divlslo~, De.partm~at. o! Zabor IF. R. Dec. 53J3578: ~lled. Zrov. 9, 19~3; 11:47 e. z~a]

TITLE 25--INDIANS
Chapter l--Bureau of ind|on Affmrs, Department of the Inlermr Subchapler R---teases and Salo of tdlnomls, Re$1dclQd |nd|=n t~nds ¯ zoN L~ms FOR Om A~m G,~s h/~um:o DIvlsioz~" oaDEes Section 180.88 (a) is hereby amended to read as follows: 180.88 DIvLWo~ ord~r~. (a) Who Superintendent may make arrangements w/th the purch~ers of oH for the payment of the royalty, but such arrangements, ff made. shall no~ relieve the lessee from responsibility for the payment of the royalty, should such purchaser fall, neglect, or refuse to pay the royalty when it becomes due. No oH shall be run to any purchaser or delivered to the pipe line or other carrier for abJpmento or otherw~e conveyed or removed from the leased premises, tmttl a divl~lon order ~ executed, filed, and approved, by the Superintendent, showing that the lessee has a regularly approved leased in effect, and the conditions under ~vh~ch the oil may be run: Prot~e~, That the Superintendent may grant temporary permlsmon to run oH from a lease pending the execution, filing, and approval by hun of a division order, l~s~ shall be requ~ed to pay for all otl, or gas used off the leased premises for operatinff purposes; af~davlt shah be made as to the production used for such purposes and royalty paid in the usual manuer. The lessee or his representative shall be present when oil is taken from the leased premises under any division order and wliI be responsible for the correct measurement thereof and shall repor~ all oil so run. Novzr~z~ 4, 1953. FsEO G. A~m.u~,

TITLE 32--NATIONAL DEFENSE
Chapter V~Department of the Army Sub~h,pl~ G~'¢ocurement Pa~ 590---G~r~a P~ow.s~oz~s P~u~ 595--Foz~z~z~ Pu~ P~x 596--Cozrr~cr C~USES a~'O Fo~ Parrr 602---GOW~Yfm~T P~O~Z~" ~0~ Paoc~mu~; ~OUS ~END~IE~S 1. Section 590.602 is amended by addlog a new paragraph (d) ~ follov,~: § 590.602 Execu~io~ o] cmztracfs; requirements. * ~ ~ (d) Contracts w~t~ ~ar~nershr~s. Contracts entered into with partn~ps will be executed in the par~nershr9 name and will enumerate the names of nll the lye@nets. The p~rtner~hlp contmc~ need be signed by only one partner. provided the authority of the particudar partner to effectively bind the parkership has been established. The Controtting O~cer need not reqmre that ]p3r~P..rshlp3 execute a certificate of atlestation sub~-~anti~lly in the form meluded in DD Form 351-2 prowded he obtains other endence ~vhtch satisfactorl]y shows that the partner is empowered to bind the partnership. 2. In § 590.604-1 (a) subparagraph (2) (ll) is amended to read as follov;~:

Acff~ ,~ecre~r~ ol v~e Int~rfor.

[F. P,,, DO~ 63-g482; ~llcd, Nov. 9, 1953; 8:40 a. i,._]

HeinOnline -- 18 Fed. Reg. 7057 1953

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CUMULATIVE POCKET SUPPLEMENT TO THE ¯ ¯ ®

CODE

OF FEDER,Z L REGULATIC NS
Title 25-Indians

For changes subsequent to December 31, 1953, see the daily issues of the Federal Register

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Chapter I~Bureau of Indian Affairs ,mnents. when ct to the terms ,riginal leases. .~r which such The assignee gnment a sated in § 180.20 an approved ,in without the
the .~nperin-

§ 180.88

¯ void and shall to cancellation uperintendent. :~nments and ~ssignments of L~erein by drill, shall be filed within 30 days gnment by the sees where the be executed :h event, Imwbe fried within where necesmay grant 15 ts made by oil :hich contracts tion of drilling mises a subsenterest in such to the approval Superintendent approve svch ~tipulation that
I any way bind ore formal as-

:eafter be sub° pproval merely ntractor to ene lease for the a'ork. nt o/operation. ~rmitted upon L lease covering en approved by ;ueh operations , him.
P INSPECTORS

~ectors, It shalt :tor-to time leased ; mining opera], and to inspect .wations with a ." of oil and gas, ~ter beating for)pcrty or life, in

accordance with the provisions of the regulations in this part. (b~ To make reports to the Superintendent as to the general conditions of the leases, property, and the manner in which operations are being conducted and his orders complied with. (c) To consul~ and advise with the Superintendent as to the conditions of the leased lands, and to submit information and recommendations from time to time for safeguarding and protecting the property of the lessor and securing coral pliance with the provi:sions of the regulations in this part. (d) To give such orders or notices as may be necessary to secure compliance with the regulations and to issue all necessary instructions or orders to lessees to stop or modify such methods or practices as he may consider contrary to the provisions of such regulations. (e) To modify or prohibit the use or continuance of any operation or method which, in his opinion, is causing or is likely to cause any surface or underground waste of oil or gas, or injury to any oil. gas, water, coal, or other mineral formation, or which is dangerous to life or property, or in violation of the provisions of the regulations in this part. (f) To prescribe, subject to the approval of the Superintendent, the manner and form in which all records or reports called for by the regulations in this part shall be made by the lessee. (g) To prohibit the drilling of any well into any producing sand when in his opinion and with the approval of the Superintendent the marketing facilities are inadequate, or insufficient provision has been made for controlling the flow of oil or gas reasonably to be expected therefrom until such time as suitable provision :an be made. (h) To prescribe oz' approve the methods of drilling wells through coal measures or other mineral deposits. (i) To determine when and under what conditions a producing well may be drilled deeper, and under what conditions a producing well, or sand, may be abandoned. (J) To require that tests shall be made to detect waste of oil or gas or the presence of water in a well and to prescribe or approve the methods of conducting such tests. (k) To require that any condition exist|rig subsequent to the completion of

a well which is; causing, or is likely to cause, damage to an off, gas, or water bearing formation, or to coal measures or other mineral deposits, or which is dangerous to life or property, be corrected as he may prescribe or approve. (1) To approve the type or size of separators used to separate the oil, gas, or water coming from a well.
REQUIRE]~IENTS OF LESSEES

§ 180.64 Plats showing location o! wells. Lessee shall furnish as required, a plat, in manner and form as prescribed by the S~_lpcrintendent, showing all wells, active or abandoned, on the leased lands, and other related information. Blank plats will be lmrnished upon application. § 180.67 Notice prior to removal o! casing. Lessee sha~l obtain permission from the Superintendent before removing any casing from any well. § 180.84 Plugging to be approved by inspector. (a~ The manner in which mud-laden fluid, cement or plugs shall be introduced into any well be, i,~g plu~ged and the type of plugs so used shall be subject to the approval of the Irmpector, and the lessee shall within 10 days file with the Superintendent a complete report, of the plugging of such well. (b) In the event tLe lessee or operator shall fail to plug properly any dry or abandoned well in accordance with the regulations in this part the Superintendent may, after 5 days' notice to the parties in interest, plug such well at the expense of the lessee or his surety. § 180.88 Division orders. (a) The Surerintendent may make arrangements with tlae purchasers of oil for the paymerit of the royalty, but such arrangements, if made, shall not relieve the lessee from responsibility for the payment of the royalty, should such put° chaser fail. neglect, or refuse to pay the royalty when it becomes due. No oil shall be run to any purchaser or delivered to the pipe line or other carrier for shipment, or otherwise conveyed or removed from the leased prentises, until a division order is execut~.~d, filed, and approved, by the Superintendent, showing that the lessee has a regularly approved leased in effect, and the conditions under which the oil may be run: ProvideeZ, That the Superintendent may grant temporary permission to run oil from a lease penal° ing the execution, filing, and approval by Page 59

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180.89

Title 25--Indians (b) An of Indian any decisi{ authority, decisions c ity of §§ 1 filing such ent within deei.~ion c., corporate written sl~ facts and 1 adequate cation of facts mus Superinte~ peal and full relm through c missioner ¢c) An the Comm be taken t within 30 missioner': be accoml: and argur appellant reversal o Any state] the ComtI oath. (d) Cot. order issu, Superinte~ by reason unless suc writing b3 Affairs. ar tion that detriment mission an adequate loss or dal
(Sec. 3. 34 ~c~. 1. 2. 4

for and dispose of B. S. and salt water as provided in § 180.85. $I0 a day for the first violation, and in even*, of the failure properly to construct or repair sumpholes, or burning holes, within 5 days after notification by Superintendent or his authorized representative, $25 to $50 a day. (j) For failure to file plugging reports as required by § 180.84 and for failure to file reports, and remit royalties required by § 180.45, $5 a day for the first viola[Paragraph (a) amended, 18 F. R. 7057, Nov. tion and $10 a day for each violation 10, 1953] thereafter. $ ¯ $ $ All moneys received from fines col§ 180.89 Use o! timber ]rom leased lected under this section shall be deposited as provided in § 180.93. lands. Lessee will not be permitted to use any timber from Osage lands except FORMS under written agreement with the owner. § 180.93 Forms. (a) L e a s e s, and PENALTIES FOR VXOL~,TION OF REGITLATIONS other papers must be upon forms prescribed by the Secretary of the Interior, § 180.91 Amount o! penalties. Fines and the Superintendent will furnish may be imposed by the Superintendent without right of appeal for violations of prospective lessees with such forms for preparation of original leases without certain sections of the regulations in charge, but shall make a charge of 50 this part, as follows: Fines for noncompliance with terms cents per set for forms used in preparing assignments. of lease or regulations. Form A--Ga.~ mining lease. (a) For failure to file preliminary reForm B--Oil mining lease. port required by § 180.62, $5 a day for Form D---Bond. the first violation and $10 a day for each Form E--Authorlty of officers to execute violation thereafter. papers. (b) For failure to file a completion reForm F--Asslgnment. port, as required by §180.63, $5 a day for Form G--Collective bond. Form H--Assignment bond. the first violation and $10 a day for each violation thereafter. Cb~ All sums received from sale of (c) For failure to mark rigs or wells, forms and fines shall be placed in a as required by § 180.65, $50 for each well. special fund, and may be expended under the direction of the Commissioner (d) For failure to construct slush pits, as required by § 180.68, $10 for each day of Indian Affairs for the expenses necesafter drilling is commenced on any well. sary to carry out the regulations in this (e) For failure to comply with § 180.71, part. HEARINGS AND APPEALS regarding gate valve and other approved controlling devices. $100. § 180.95 Hearings and appeals. (a} Any person, firm or corporation ag(f) For failure to comply with § 180.77, grieved by any decision or order issued ¯ in regard to using gas in vlace of steam to operate engines or pumps, $10 per day by or under authority of the Superfor the first violation and $20 a day for intendent pursuant to the regulations in this part, may file with the Superintendeach violation thereafter. ent at anytime an application for ¢g) For failure to comply with modification or revocation of such deci§ 180.78, which prohibits the burning of sion or order. The Superintendent shall gas in flambeau ~ghts, $50 per day. give notice of the time and place and ¢h) For failure to notify Superintenconduct a hearing upon the application dent and secure authority before redrillwiti~in ten days after its receipt by him. ing, deepening, plugging or abandoning If the applicant Is not satisfied with the any well, $200, as requirel by §§ 180.80 decision of the Superintendent. an apand 180.90. peal may be taken as hereinafter set (i) For failure to construct sump- forth except as p-ovlded in paragraph holes. Or burning holes, to properly care (b) of this section. Page (i0

him of a division order. Lessees shall be required to pay for all oil or gas used off the leased premises for operating purposes; affidavit shall be made as to the production used for such purposes and royalty paid in the usual manner. The lessee or his representative shall be present when oil is taken from the leased pr~mises under any division order and will be responsible for the correct measurement thereof and shall report all oil so run.

Par~' 18: Lands lized Minin
See.
183.1 Def 183.18 M: 183.19 Cre