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Wednesday, January 28, 1953

FEDERAL REGISTER

595

7. P a r a g r a p h g of 220.3 is TITLE 14 CIVIL AVIATION
amended to read as follows:
Page Tifie 31
Chapter I Civil Aeronautics Board 220.3 Directive III; manner of con Chapter I:
ducting hearings before agency loyalty Civil Air Regs., Amdt. 60-1
Part 92__
596 boards.
g Determination after hearing. Af Title 32A
P art 60Air T raffic R ules ter the incumbent or excepted employee Chapter HI OPS:
or excepted applicant has been given a COURSE
TO BE FLOWN ON CIVIL AIRWAYS
CPR 1______________________
597
CPR 34, SR 37____
598 hearing by the board, the board shall Adopted by the Civil Aeronautics 599 promptly make its determination in ac Board at its office in Washington, D. C., CPR 137____ ____________
CPR 166____________________
600 cordance with the standard set forth in on the 22d day of January 1953.
CPR 176____________________
600 Executive Order No. 9835, as amended, effective 60.45 of Part 60
GOR 14 2 documents____ 600,601 and notify the appropriate authority so of Currently the Civil Air Regulations provides that proper action may be taken.
Chapter XXI O R S:
that aircraft operating along a civil air RR 1_____________________
601
8. Section 220.4 a is amended to way shall be flown to the right of the 601 read as follows:
RR 2______________________
center line of the airway, unless other RR 3___________________
602
220.4 Directive IV; determinations, wise authorized by Air Traffic Control.
RR 4______________________
602 appeals and advisory recommendations The present rule provides for lateral Title 39
a Records of determinations. The de separation of aircraft using the airways Chapter I:
termination by the board shall be made when the airway system is based on the Part 35_____________________
602 in writing and shall be signed by the use of the low/medium frequency members of the board. It shall state L/MF range system. Recently, how Title 42
merely the action, taken and shall be ever, the United States adopted the VHP
Chapter I:
Part 51__________ _______ ___
602 made a permanent part of the file in omnirange VOR as the basis for the every case. In addition to the finding future national airway system. The re under Executive Order No. 9835, as sulting gradual transition from the 2. Paragraph a of 210.11 is amend amended, the board shall, in every un low/medium frequency ranges to the new favorable case, state in writing for the omniranges has now progressed to the ed to read as follows:
benefit of the fiscal authorities, whether whereby a number of VOR airways 210.11 Grounds for determination of or not, in its opinion, the case falls with stage are being designated. The VOR airway disloyalty a Standard. The stand in the purview of section 9A of the Hatch pattern based upon the principle that ard for the refusal of employment or the Act and the applicable appropriation aircraft is will be flown along a radial of a removal from employment hi an Execu act.
.VOR
station designated as forming the tive department or agency on grounds 9. In 230.2 a subparagraphs 4, center line of a VOR airway and not to relating to loyalty shall be that, on all the right of the airway center line as has the evidence, there is a reasonable doubt 5, and 6 are revoked.
10. Section 230.3 g is amended to been the practice in flying the L/MF
as to the loyalty of the person involved range airway.
to the Government of the United States. read as follows:
In order to take into account this navi The panel shall reach its decision on 230.3 Directive III; manner of con consideration of the complete file, argu ducting hearings before regional loyalty gational change, the present amend ment prescribes flight along the center ments, briefs and testimony presented to boards:
line of VOR airway patterns. In recog it. In addition to the finding under g Decision after hearing. After the Executive Order No. 9835, as amended, applicant or appointee has been given nition of the practical factors in the the panel shall, in every unfavorable a hearing, the board shall promptly make technique of navigating airways, it is case, state in writing for the benefit of its decision in accordance with the stand realized that operational tolerances must the fiscal authorities whether or not, in ard set forth in Executive Order No. 9835, be taken into account in effecting com pliance with this rule.
its opinion, the case falls within the Interested persons have been afforded purview of section 9A of the Hatch Act as amended.
opportunity to participate in the mak and the applicable appropriation act.
11. Section 230.4 a is amended to an ing of this amendment, and due con 3. In 210.11 b subparagraphs 3, read as follows:
sideration has been given to all relevant 4 , and 5 are revoked.
230.4 Directive IV; records of deci matter presented.
4. In Appendix A to Part 210 the fifth sions and appeals a Records of de In consideration of the foregoing the undesignated paragraph is amended to cisions. The decision by the board shall Civil Aeronautics. Board hereby amends read as follows:
be made in writing and shall be signed Part 60 of the Civil Air Regulations 14
Part 60 effective February 26,1953.
Appendix AL is t of O rganizations D esig
by the members of the board or panel. CFR
By amending 60.45 to read as follows:
nated by t h e A tto rn ey G eneral P u r su a n t It shall state merely the action taken and to E xecutive O rder No. 9835
60.45 Course to be flown on civil air shall be made a permanent part of the However, in a letter received by the Loy file in every case. In addition to the ways. Aircraft operating along civil air alty Review Board on May 27, 1948, and dis ways shall be flown as follows unless seminated on June 2,1948, the Attorney Gen finding under Executive Order No. 9835, otherwise authorized by Air Traffic eral ruled that in view of the legislative his as amended, the board shall, in every un tory of section 9A of the Hatch Act which favorable case, state in writing for the Control:
a Along a low/medium frequency section is one of the authorities for estab benefit of the fiscal authorities, whether airway, aircraft shall be flown to the lishment of the loyalty program, and in view of the action heretofore taken by exec or not, in its opinion, the case falls with right of the center line of such airway.
utive agencies, the Communist Party and in the purview of section 9A of the Hatch b Along a VOR airway, aircraft the German-American Bund, the latter be Act and the applicable appropriation act. shall be flown on a radial designated as ing now defunct, should be considered Part HI, E. O. 9835, March 21, 1947, 12 P. R. forming the center line of such airway.
as organizations within the scope of section
CODIFICATION GUIDE Con.

9A of that act. Pull text of the Attorney Generals letter is given in 13 P. R. 6135.

5. In Appendix A to Part 210 the seventh undesignated paragraph which begins Following receipt of the Attor ney Generals letters and ends with by unconstitutional means is revoked.
6. In 220.2 a subparagraphs 4, 5 , and 6 are revoked.

1935; 3 CPR, 1947 Supp.

seal
L oyalty R eview B oard, U nited S tates C ivil S ervice C ommission , H iram B ingham ,
Chairman.
P. R. Doc. 53-933; Piled, Jan. 27, 1953;
8:50 a. m.

Sec. 205, 52 Stat. 984; 49 U. S. C. 425. In terprets or applies sec. 601, 52 Stat. 1007;
49 U. S. C. 551

By the Civil Aeronautics Board.
seal M. C. M ulligan, Secretary.
P. R. Doc. 53-941; Piled, Jan. 27, 1953;
8:52 a. m.