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Wednesday M a y 4, 1949

FEDERAL REGISTER

2191

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He files his appeal, in writing, 400.5 Decisions and, recommenda 1948, without benefit of any export pay within 10 days from the date of receipt tions. a If, upon a review of the com ment under this program. Sales of cit by him of notice of the adverse decision plete file, the Board finds that the appel rus fruits and juices for export to the and within 20 days if he resides outside lant was not substantially accorded the United Kingdom over and above such one of the continental United States.
procedural rights to which he was en million gallons, made after April 13,1949, b On receipt of an appeal the head titled, the Board may remand the case to are eligible for payment under this pro of the department shall be requested to the head of the department for appro gram.
furnish the complete file of the case.
priate action.
2.
Termination of Program.
Pursu c I f the appellants appeal is not b Decision on the merits of an ap ant to 517.7, the said Citrus Fruit Ex accepted by the Board he shall be advised peal shall be made on the complete file port Program shall be terminated as of in writing of the reasons for its nonincluding briefs and oral arguments. In 12:00 p. m., midnight, e. d. t., May 7, acceptance.
any case in which the Board has re 1949. Any sales for export which other d On acceptance of an appeal, the ceived additional or new material evi wise comply with the program made on appellant shall be notified of his right dence, not available to the head of the or before May 7, 1949, shall not be a f to a hearing and advised that, if he de department, the Board shall refer the fected by such termination. Other pro sires, he may submit a statement out complete file together with the additional visions of the program, including final lining the grounds on which he bases his evidence to the department head for re date of exportation and final date of fil appeal.
consideration before taking final action ing claims, remain unchanged except that on the appeal.
e If, upon a review of the appeal, all Forms FV-407 must be filed not later the Board is of the opinion that the c The decision of the Board on an than 12:00 p. m., midnight, e. d. t., May record should be clarified or additional appeal shall be concurred in by a major 9, 1949, subject to the provisions of evidence secured, the Board may remand ity of Board members present.
517.4.
the case to the head of the department d If, after consideration of all the Dated this 28th day of April 1949.
for reconsideration or may utilize the material facts in a case, the Board investigative facilities of the Civil Serv seal R a l p h S. T rigg , finds that there has been discrimination ice Commission to secure additional within the purview of Executive Order Authorized Representative of information.
the Secretary of Agriculture.
9980 because of race, color, religion or national origin a recommendation shall F. R. Doc. 49-3466; Filed, May 3, 1949;
400.4 Hearings, a All appellants, be made to the head of the department 9:09 a. m.
whose appeals are accepted by the Board, that he take such corrective action as shall be afforded an opportunity to ap the Board deems advisable.
pear before the Board in person, by rep e In all cases, the appellant and his TITLE 14 CIVIL AVIATION
resentative or accompanied by a repre representative and the head of the de sentative.
partment shall be advised in writing of Chapter I Civil Aeronautics Board b . When an appellant is granted a the decision and recommendation of the hearing, the Executive Secretary, in con C ivil Air Regs., Amdt. 20-2
Board.
sultation with the Chairman, shall make P art 20 P il o t C e r t if ic a te s f After the Board has taken final the necessary arrangements. In any case closing action on an appeal, the Execu where appearance before the Board in PERSONNEL LICENSING STANDARDS
tive Secretary shall transmit the file on Washington would be unduly burdensome Adopted by the Civil Aeronautics the case received from the department to the appellant, the Board may arrange Board at its office in Washington, D. C., along with the Boards recommendations for a hearing at a place reasonably con on the 28th day of April 1949.
to the appropriate department head.
venient to the appellant before a panel On April 2, 1949, there was published 400.6 Records and reports. Heads of the Board or before a representative a notice of proposed rule making 14
of departments shall furnish statistical or representatives designated by the data and reports reflecting the progress F. R. 1545 indicating our intention to Board. In the event a hearing is held implement those portions of the Person and development of the Fair Employ before a panel of the Board or other ment Program in each department, as nel Licensing Standards adopted by the persons designated by the Board a tran International Civil Aviation Organiza requested by the Board from time to script of the hearing shall be made and tion ICAO deemed suitable for domes time.
transmitted to the Board for its tic aviation.
F air E m p l o y m e n t B oard , consideration.
The following amendments to Part 20
U n ite d S tates C iv i l S erv
c Attendance at hearings shall be are those deemed necessary for such im ic e C
o m m is s io n , iffiited to the appellant and/or his per plementation. One amendment adopts L adell C. L a w h o r n , sonal representative and representatives definitions of aircraft category, class, Executive Secretary.
of the department. The appellant may and type, pilot in command, copilot, dual testify orally or in writing and arguments fF. R. Doc. 49-3472; Filed, May 3, 1949;
instruction time, flight time, flight in by or in his behalf may be made under 8:52 a. m.j structor, etc. This change is fundamen such limitations as the Board may im tal if any sound basis is to exist for pose. In unusual circumstances, the comparing airman certificates issued by Board may permit the appellant or the TITLE 6 AGRICULTURAL CREDIT the United States with Annex 1 stand department to call witnesses to testify or so that other Member States shall Chapter IV Production and Mar ards it may on its motion invite witnesses to be obliged to recognize them. In addi give testimony before the Board.
keting Administration and Com tion, the part is amended to provide for d Strict legal rules of evidence modity Credit Corporation, Depart type formerly make and model rat shall not be followed but reasonable ings for aircraft of over 12,500 lbs. maxi ment of Agriculture bounds shall be maintained as to compe mum certificated take-off weight. This tency, relevancy and materiality.
Subchapfer B Export and Diversion Programs provision is designed to meet Annex 1
e Testimony before the Board shall requirements that all pilots of aircraft Fiscal Year 1949, Amdt.
2 be given under oath or affirmation.
of over 12,500 lbs. maximum certificated f I f the appellant offers new evi P a r t 517 F r u it s and B e rries , F resh take-off weight carrying passengers or dence bearing upon a material issue, the flying for remuneration shall be type SUBPART CITRUS FRUIT EXPORT PROGRAM
Board shall remand the case to the de rated for the aircraft being piloted. It 1.
Payments on sales to the Unitedwill be noted that the provisions of An partment head for reconsideration.
Pursuant to 517.2 b o f nex 1 do not permit a commercial pilot g Normally, verbatim transcripts of Kingdom.
to carry passengers or cargo for hire in hearings before the Board will not be the Citrus Fruit Export Program 13 F.
R. 7379, 14 F. R. 333 announcement is aircraft of over 12,500 lbs. maximum made. In lieu thereof, a summary of the hereby made of the Secretarys determi Certificated take-off weight in interna material facts disclosed at the hearing nation that, as of April 13,1949, one mil tional flight irrespective of whether such may be incorporated in the record of the lion gallons of citrus juice concentrate, pilot has a type rating for such aircraft.
case. The Board in any case may depart or its equivalent, have been sold for ex However, this limitation does not apply from this practice.
port to the United Kingdom since July 1. to flights within the United States, nor