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On the other hand, if an upright brush-type vacuum cleaner, for example, is sold together with an independently powered and operated hand or junior vacuum cleaner at a combination price, then the transaction would fall within 222.6 h. Of course, if each was sold on the basis of their individual prices, without reduction, the fact that the two were bought at or about the same time would not bring the transaction under 222.6 h , nor would the hand vacuum cleaner ordinarily be considered an accessory under 222.8 h 7.
222.119 R eplacem ent o f irreparably dam aged article-. A registrant held a chattel mortgage on an automobile as security for an instalment loan jo pur chase the automobile. The automobile was irreparably damaged, but insurance covering the automobile was slightly more than sufficient to extinguish the loan balance. However, the registrant proposed to release the insurance money for the borrowers use in making the re quired down payment on an automobile to replace the damaged one, and in liquidating about one-third of the old loan balance. The registrant would then take a chattel mortgage on the replace ment automobile as security for an in stalment loan covering both the maxi mum loan value of the new automobile and the remaining indebtedness under the old loan.
The Board is of the opinion that the transaction above proposed would not comply with this part. Clearly, the bor rower would be receiving more instal ment credit in connection with the pur chase of the replacement automobile than permitted by 222.4. In effect, the proposed transaction would constitute a loan to make a down payment to the ex tent of the unpaid balance of the old loan.
222.120 Deliveries in anticipation o f sales. Section 222.6 g, as amended, applies to the delivery of a listed article in anticipation of ah instalment sale of that article or a similar article. If there has been a present instalment sale of a listed article, such sale, of course, is subject to this part in the usual man ner without regard to 222.6 g , and this is true even though, a part of the sales agreement gives the buyer an op tion to return the article, instead of pay ing the price, and thereby revest in the vendor complete ownership or property in the article. However, where a listed article or listed-article demonstrator is delivered to a prospective instalment buyer and he must subsequently in some way manifest his acceptance or willing ness to buy before ownership or prop erty in the article or a similar article passes to him, then the original delivery in such a transaction would be of the type covered by 2?2.6 g .
In order for the registrant to delay the collection of the necessary deposit equal to the down payment that would be re quired on an instalment sale of an article such as the one so delivered, the second paragraph of 222.6 g, as amended, requires the execution and delivery to the Prospective purchaser of a specific writ
455

FEDERAL REGISTER

W ednesday, F e b ru a ry 2, 1949

ten agreement covering the two points set out in such paragraph. If such an agreem ents so executed and delivered in connection with an agreement evidencing a present instalment sale, as for example, a conditional sales contract, and collec tion by the registrant of the required deposit or down payment is delayed, such an arrangement would not fall within o r .
comply with 222.6 g , nor would it comply with the requirements of 222.3
a.
222.121 Sets and groups o f articles.
In the F ederal R e g is t e r at 12 F. R. 949
there was published an interpretation with respect to the application of 222.6
h covering Sets and Groups of Ar ticles. This interpretation is still appli cable under the new Part 222 which be came effective September 20,1948, and it was so stated in the F ederal R e g is t e r at 13 F. R. 5638.
The Boards attention has been di rected to the advertising terms on an open stock bedroom suite consisting of a vanity and chest for $48.98 each, a bed for $34.98, and a bench for $11.98, offered as a suite at $144.92, which is the sum of the individual pieces; without reduction.
The down payment terms quoted were $1.00 for each item or $4.00 for the fourpiece suite, with the deferred balance payable at the rate of $3.00 per week.
Instalment sales in accordance with However, if the registrants records should disclose that sales of single pieces or different groups of the open stock furniture are rarely made, then a ques tion would arise as to whether the cus tomers, regardless of the advertisement, may not have a free choice to buy the items separately or in different groups so that, in effect, the items would be sold at a combination price, rather than sepa rate prices. In such event, there would not be compliance with this part unless the registrant obtained a down payment based on the combination price.
Sec. 5 b, 40 Stat. 415, as amended by sec. 5, 40 Stat. 966, sec. 2, 48 Stat. 1, sec. 1, 54 Stat. 179; secs. 301, 302, 55 Stat.
839, 840, Pub. Law 905, 80th Cong.; 12
U. S. C. and Sup. 95 a , 50 U. S. C. 616, 617; E. O. 8843, Aug. 9, 1941, 6 F. R. 4035, 3 CFR Cum. Supp.

sea l
B oard o p G o vern o rs o p t h e F ederal R e s e r v e S y s t e m , S . R . C a r p en t er ,
Secretary.

P. R . Doc. 49-758; Filed, Feb. 1, 1949;
8:45 a. m.

TITLE 14

c iv il a v i a t i o n
Chapter II Civil Aeronautics Administration Amdt. 14
P art
600 D esig n a tio n
of
C i v il A ir w a y s
MISCELLANEOUS AMENDMENTS

I t appearing that 1 the increased volume of air traffic between certain
points necessitates, In the interest of safety in air commerce, the immediate realignment and establishment of civil airways between such points; 2 thé re alignment and establishment of the civil airways referred to in 1 above, have been coordinated with the civil operators involved, the Army, and the Navy, through the Air Coordinating Committee, Airspace Subcommittee; and 3 compli ance with the notice, procedures, and ef fective date provisions of section 4 of the Administrative Procedure Act would be impracticable, unnecessary, and contrary to the public interest, and therefore is not required;
Now therefore, acting under authority contained in sections 205, 301, 302, 307
and 308 of the Civil Aeronautics Act of 1938, as amended, and pursuant to sec tion 3 of the Administrative Procedure Act, I hereby amend the Code of Federal Regulations, Title 14, Chapter II, Part 600, as follows:
Designation and Redesignation o f Civil Airways: R ed Civil Airways Nos. 16
and 82; Blue Civil Airway No. 49
1. Section 600.4 c 16 is amended to read:
16 R ed civil airway No. 16 .Talla hassee, Fla., to Florence, S. C.. From the Tallahassee, Fla., radio range station via the Albany, Ga., radio range station;
the intersection of the north course of the Albany, Ga., radio range and the southwest course of the Macon, Ga., radio range to the Macon, Ga., radio range station. From the Augusta, Ga., radio range station via the Columbia, S. C., radio range station; the intersection of the east course of the Columbia, S. C., radio range and the southwest course of the Florence, S. C., radio range to the Florence, S. C., radio raftge station.
2. Section 600.4 c 82 is added to read:
82 R ed civil airway No. 82 Skwentna, Alaska, to Anchorag, A laska. From the Skwentna, Alaska, radio range sta tion to the intersection of the southeast course of the Skwentna, Alaska, radio range and the northeast course of the Anchorage, Alaska, radio range.
3. Section 600.4 d 49 is amended to read:
49 Blue civil airway No. 49 Atlantic City, N. J., to Philadelphia, P a.. From the intersection of the southeast course of the Philadelphia, Pa., radio range and the southwest course of the Atlantic City, N. J., VHF radio range to the Philadel phia, Pa., radio range station.
This amendment shall become effective 0001 evs. t., February 2,1949.
-Secs. 205, 301, 302, 307 and 308; 52"St%t.
984, 985, 986 ; 54 Stat. 1233, 1235; Pub.
Law 872, 80th Cong.; 49 U. S. C. 425, 451, 452, 457, 458
s a l
D. W. R e n t z e l , Administrator o f Civil Aeronautics.
F . R . Doc. 49-803; Filed, Feb.
9:01 a. m.

1, i19;