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VOLUME 2

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9 3 4

NUMBER 235

C ONlTZO j Washington, Saturday, December 4, 1937
PRESIDENT OF THE U NITED STATES.
E xecutive O rder DELEGATING TO THE SECRETARY OF THE INTERIOR CERTAIN
POWERS AND -FUNCTIONS VESTED IN THE PRESIDENT BY THE
ACT OF FEBRUARY 22, 1935, CH. 18, 49 STAT. 30, AS AMENDED, AND AUTHORIZING THE ESTABLISHMENT OF A PETROLEUM CON
SERVATION DIVISION

By virtue o f and pursuant to the authority vested in me by section 11 of the act entitled AN A ct T o regulate inter state and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation o f State law, and for other purposes, approved February 22, 1935 49 Stat. 30, as amended by the act of June 14, 1937, Public, No. 145, 75th Congress, I hereby designate and appoint the Secretary of the Interior as the agent o f the President to execute all of the powers and functions vested in the President by the said act except those vested in him by section 4 thereof: Provided, that no regulation prescribed by the Secretary of the Interior under section 5 a o f the said act the violation of which is punishable by fine or imprisonment shall be effective unless and until approved by the President; and I hereby expressly authorize the Secretary of the In terior to establish a Petro leum Conservation Division in the Department o f the Interior, the functions and duties o f which shall be: 1 to assist, in such manner as may be prescribed by the Secretary of the Interior, in administering the said act, 2 to cooperate with the oiland gas-producing States in the prevention of waste in oil and gas production and in the adoption of uniform oiland gas-conservation laws and regulations, and 3 to keep inform ed currently as to facts which may be required for the exercise o f the responsibility o f the President under section 4 of the said act.
F ranklin D R oosevelt T he W hite H ouse ,
December 1, 1937.
No. 77561
F . R. Doc. 37-3506; Filed, December 2,1937; 1:50 p. m.

E xecutive O rder REGULATIONS UNDER THE ACT OF FEBRUARY 22, 1935 AS AMENDED
BY THE ACT OF JUNE 14, 1937

WHEREAS, by virtue of and pursuant to the authority vested in me by the Act of Congress entitled An Act To regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum arid its products produced in violation of State law, and for other purposes, approved February 22, 1935, 49 Stat. 30, as amended by the Act of June 14, 1937
Public No. 145, 75th Congress, 1st Session, hereinafter referred to as said Act, and the Executive Order of the
President of the United States No. 6979 February 28, 1935, and the Executive Order of the President of the Unjted States No. 7756 Dec. 1, 1937, I am authorized to, prescribe such regulations as I may find necessary or appropriate fo r the enforcement of the provisions of said Act, and to require certificates of clearance fo r petroleum and petroleum prod ucts, moving or to be moved in interstate commerce from any particular area, whenever I find it necessary or appro priate fo r the enforcement of the provisions of said Act.
The following regulations are hereby adopted for the administration and enforcement of the provisions of said Act:
Regulation I
When used in this Order or in subsequent Orders and regulations prescribed pursuant to said Act and Executive Orders, or in any form s prescribed thereunder:
S e c t io n 1. The term parson shall include any individual, partnership, corporation or join t stock company.
S e c t io n 2. The term producer shall include every person having any part in the control or management of any opera tion by which petroleum is produced from any property.
Every person in possession of crude petroleum who refuses to identify the prior owner thereof, from whom he acquired the same, shall be deemed the producer of such petroleum within the meaning of this Order.
S ection 3. The term refiner shall include every person who has any part in the control or management of any op eration by which the physical or chemical characteristics o f petroleum or petroleum products are changed, but exclusive o f the operations of passing petroleum through separators to remove gas, placing petroleum in settling tanks to remove basic sediment and water, dehydrating petroleum and gen erally cleaning and purifying petroleum. W ithin the term shall be included every person who blends petroleum with any product of petroleum.
S e c t io n 4. The term reclamation plant shall include every plant operated in the process of reclaiming, treating or washing waste petroleum, wash oil, pit oil, fugitive oil, basic sediment, or tank bottoms.
S e c t io n 5. The term Casinghead gasoline plant shall include every plant or device by the use of which gasoline or natural gasoline or casinghead gasoline as those terms are commonly understood in the industry, or any of them, is extracted by any process or method from natural gas or casinghead gas, or from any gas liberated from petroleum in the process of refining.
S e c t io n 6. The term pipe line shall include every line of pipe, however constructed and regardless of length, and a ll receiving, storage and delivery tanks and facilities used in the operation thereof, by which petroleum or any petro leum product is transported, regardless of whether or not such line of pipe is owned, in whole or in part, by the person producing, refining, processing, manufacturing, purchasing, cleansing, or marketing such petroleum or such petroleum product, or by any or all such persons jointly, or by any 3091