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Thursday, September 8, 1949
moved in packages,- as prescribed in 185.435. The district supervisor, or the storekeeper-gauger, as the case may be, will execute his certificate on the form as prescribed by 185.436, the ware houseman will indicate the brandy to be gauged, as prescribed in 185.437, and the storekeeper-gauger designated to gauge the brandy will make his report of gauge and execute his certificate of gauge and removal and dispose of Forms 257 and Forms 1520, as hereinbefore pre scribed in the case of removal in pack ages. The winemaker will state on his application that the brandy is to be transported by railroad tank car. Secs.
3031 a, 3176, I. R. C.
2. The purposes of the amendments are as follows:
a. To expedite the approval of Forms 257, Application for the Removal of Brandy for Fortification of Wine from Fruit Distilleries and Internal Revenue Bonded Warehouses, by authorizing the storekeeper-gauger located at the bonded winery, or at a contiguous fruit distillery or internal revenue bonded warehouse, or located in the immediate vicinity of the bonded winery if designated by the dis trict supervisor, to certify to the suffi ciency of the winemakers bond to cover such removal, in lieu of the district super visor, provided the winemakers bond is given in the maximum penal sum and the winery and the fruit distillery or in ternal revenue bonded warehouse as the case may be are located in the same supervisory district.
b. To eliminate unnecessary work on the part of the district supervisor by dis continuing the execution by him on Form 257 of an order to a storekeepergauger to gauge and release the brandy described in the application. The exe cution of the certificate of bond cover age is sufficient indication to the store keeper-gauger at the fruit distillery or the internal revenue bonded warehouse that the brandy described in the applica tion may be gauged and released. If a storekeeper-gauger is not assigned to the fruit distillery or the internal reve nue bonded warehouse, the district su pervisor will designate a storekeepergauger to go to such premises to gauge and release the brandy.
3. It is found that compliance with the notice and public rule making procedure of the Administrative Procedure Act 5
U. S. C. 1001 et seq. is unnecessary in connection with the issuance of these regulations for the reason that the changes made are of a liberalizing char acter.
4. This Treasury decision shall be ef fective on the 31st day after the date of its publication in the F ederal R e g iste r .
Secs. 2883, 3031 a , 3033, 3170, 3176, Internal Revenue Code; 26 U. S. C., secs.
2883, 3031 a, 3033, 3170, 3176
se a l
G eo . J. S c h o e n e m a n , Commissioner of Internal Revenue.
Approved: Sept. 1, 1949.
T h o m a s J. L y n c h , Acting Secretary of the Treasury.
F. R. Doc. 49-7247; P iled, Sept. 7, 1949;
8:43 a. m .
No. 173------2

FEDERAL REGISTER

TITLE 32 NATIONAL DEFENSE
Chapter VII Department of the Air Force Subchapter G Personnel
P art
864E n l is t e d
R eserve C o r ps
VOLUNTARY CALL TO ACTIVE DUTY

Part 864 is hereby amended by adding 864.16 to 864.25 as follows:
VOLUNTARY CALL TO ACTIVE DUTY

Sec.
864.16
864.17
864.18
864.19
864.20
864.21
864.22
864.23
864.24
864.25

G eneral.
E ligib ility.
In elig ib ility .
Procedure an d resp on sib ility.
A ssignm ent.
R een listm en t prior to call to active d u ty.
Grade.
P rom otion and red u ction .
R elief from active d uty.
E n listm en t in th e R egular Air Force.

A u t h o r it y : 664.16 to 864.25 issu ed under sec. 35, 41 S tat. 780, 4, 62 S tat. 89; 10 U. S. C.
426, 10 U. S. C. Sup. II, 422.
D erivation : AFR 45-22, May 9, 1949.

864.16 General. Voluntary call to extended active duty within the meaning of 864.16 to 864.25 will be utilized by the Department of the Air Force to main tain the enlisted strength necessary to man the Air Force Reserve Training Cen ters within the Continental Air Com mand. Enlisted personnel will be as signed to the Air Force Reserve Training Center nearest their home and will serve their full tour in that locale. Tours of duty will be on a voluntary basis for the duration of three years unless sooner relieved for the convenience of the Gov ernment. The duration of a normal tour of extended active duty under the pro visions of regulations contained in 864.16 to 864.25 will be computed as commencing on the effective date of re porting for duty and will be completed when the enlisted person has served the prescribed tour which will not be shortened by considering the enlisted persons accrued leave.
864.17 Eligibility. To be eligible for extended active duty, the applicant must:
a Be an enlisted member of the United States Air Force Reserve.
b Meet the minimum physical standards established in current di rectives.
c Achieve the mental standards pre scribed for enlistment in the Regular establishment.
d Meet the general qualifications for enlistment under the provisions of regu lations contained in Part 571 14 F. R.
2792 or regulations governing the en listment and assignment of partially dis abled combat-wounded veterans of World War II.
e Be a member of the Table of Or ganization and Equipment Reserve unit assigned to the local Air Force Reserve Training Center or have applied for such membership.
864.18 Ineligibility. The following enlisted members of the Reserve Forces are not eligible for call to extended active duty under the provisions of regulations contained in 864.16 to 864.25:

5525
a Thdse below the first three grades who have dependents.
b Those who are drawing a pension, disability allowance, or disability com pensation from the Government of the United States. However, a Reservist may waive or relinquish his pension, dis ability allowance, or disability compen sation where the disability is of such a degree as not to prevent his acceptance for active Federal duty. Such personnel will notify the Veterans Administration when ordered to active duty and will fur nish the Veterans Administration a copy of active duty orders in order to suspend payment of disability benefits during the period involved.
c Those who are retired enlisted personnel.
d Females who have dependents under 18 years of age.
864.19 Procedure and responsibility.
The Commanding General, Continental Air Command, will be responsible for establishing the following procedures in connection with the provisions of regu lations contained in 864.16 to 864.25:
a Method of application and form of application.
b Authorizations and procedures for final-type physical examinations subse quent to application.
c Necessary authorizations and pro cedures for examinations needed to meet the mental requirements as set forth in 864.17 c.
d Procedures for conduct of final review of physical examinations.
e Assignment procedures and con trol for those individuals reported as available for call to extended active duty.
f Method for the issuance of active duty orders for those individuals re ported in paragraph e of this section.
864.20 Assignment. Assignment of personnel under the provisions of regula tions contained in 864.16 to 864.25 will be for the Air Force Reserve Training Center nearest the individuals home.
The assignment will be for a three-year period, and the individual will not be transferred from the original assignment during the three-year period of .extended active duty, except in the event of an emergency, or except irwevent of inacti vation or relocation of the Air Force Reserve Training Center to which originally assigned.
864.21 Reenlistment prior to call to active duty. Each Reservist called to ex tended active duty under the provisions of regulations contained in 864.16 to 864.25 will be discharged from the United States Air Force Reserve as of the day prior to the effective date of extended ac tive duty and reenlisted in the United States Air Force Reserve for a period of three years.
864.22 Grade. Individuals called to extended active duty under the provi sions of regulations contained in 864.16 to 864.25 will be called in the grade which they hold in the United States Air Force Reserve.
864.23 Promotion and reduction.
Promotion and reduction while on ex tended active duty will be governed by