vessel attack bonus shall be paid under this Decision to licensed and unlicensed personnel employed as regular crew members on United States flag vessels of the American Merchant Marine.

ART. II. Area bonus-(a) Amount of area bonus. Area bonus at the rate of $2.50 per day shall be payable to each crew member of a vessel within any of the areas specified in paragraph (b) of this Article II, including periods during which the vessel is in port or at an anchorage.

All

(b) Areas (1) European area. waters within the area bounded on the east by 60° east longitude to its intersection with the north coast of Russia and thence following the coast of continental Europe and Africa to its intersection with 12° west longitude; and bounded on the west by 12° west longitude.

(2) Mediterranean area. All waters within the Mediterranean Sea, including the Adriatic Sea, the Aegean Sea, the Black Sea, the Sea of Azov, the Sea of Marmora, the Dardanelles and the Bosporus.

(3) Pacific area. All waters within the area bounded on the north by 60° north latitude; on the east by the 180th meridian; on the south by 13° south latitude; and on the west by 90° east longitude to its intersection with the coast of continental Asia and thence following the coast of continental Asia to its intersection with 60° north latitude.

(c) Time when area bonus payments start and stop. Area bonus shall commence as of midnight prior to the day during which the vessel enters the area and shall cease at midnight of the day during which the vessel departs from the area.

ART. III. Vessel attack bonus. In addition to area bonus, vessel attack bonus of $125 shall be payable to each crew member of a vessel (a) which is destroyed or substantially damaged as a result of direct war hazard or (b) on which any person is killed or seriously injured as a result of direct war hazard or (c) which is otherwise subjected to extreme and immediate danger of destruction as a result of direct war hazard. Vessel attack bonus shall be payable whether the vessel is within or without any of the areas specified in paragraph (b) of Article II above, and whether the vessel is in a port or at an anchorage or on the high seas. Only one vessel at

tack bonus shall be payable in the course of any passage of the vessel between ports or anchorages. A passage between ports or anchorages shall be deemed to commence at the time the vessel departs from a port or anchorage and to end at the time the vessel departs from its next port or anchorage. Shifts in berth shall not be deemed passages between anchorages.

ART. IV. Periods during which area and vessel attack bonus payable—(a) During ordinary course of voyage. Area and vessel attack bonus shall be payable to a regular crew member of the vessel on which he is employed during the course of his employment aboard such vessel.

(b) When bonus payable after separation from vessel and during repatriation. (1) If a crew member is separated from his vessel as the result of a peril described in Article 3, as amended, of the form of insurance policy attached to Decision 1A, area and vessel attack bonus shall be payable to such crew member until midnight of the day on which he reaches a port, but area bonus shall be payable only while within a bonus area.

(2) If a crew member is repatriated to the United States after separation from his vessel as a result of either:

(i) A peril referred to in paragraph (1) above, or

(ii) Illness or injury incurred in the service of his vessel and not occasioned by his wilful misconduct,

area and vessel attack bonus shall be payable to such crew member during his repatriation, from midnight of the day prior to which the vessel or other conveyance on which he is being repatriated departs until midnight of the day of arrival of such vessel or other conveyance at a continental United States port, but area bonus shall be payable only while within a bonus area.

(c) When bonus not payable after separation from vessel. (1) Bonus shall not be payable while a crew member is on land after separation from his vessel.

(2) Bonus shall not be payable during the period that a crew member is detained either by capture by an enemy of the United States or by internment.

(3) Bonus shall not be payable to a crew member:

(i) After voluntary termination of his employment aboard his vessel for a reason other than one set forth in paragraph (b) (2).

(ii) After desertion or discharge from his employment aboard his vessel,

(iii) After a crew member accepts employment on another vessel for a purpose other than to be repatriated,

(iv) After a crew member refuses without good cause to be repatriated to the United States.

(4) A crew member repatriated after occurrence of an event specified in subparagraph (3) of this paragraph (c) is not entitled to bonus from his original vessel during repatriation. If such crew member signs on as a replacement in the crew of the repatriating vessel, he shall be entitled to bonus from the repatriating vessel. If such crew member signs on as a workaway on the repatriating vessel, he shall not be entitled to bonus from the repatriating vessel.

(d) No double bonus. If a crew member signs on the vessel on which he is being repatriated, either as a crew member or workaway on such repatriating vessel, he shall not be entitled to bonus from such vessel in addition to bonus payable under paragraph (b) of this Article IV.

(e) Death of a crew member. Bonus shall not be payable for any period after death of a crew member.

ART. V. Effective date. This Decision shall be effective at 12:01 a. m. October 1, 1945, as to all vessels whether at sea or in port. The provisions of this Decision shall not be retroactive.

ART. VI. Repeal. Decision 2C, supra, previously issued by the Maritime War Emergency Board, is repealed as of the effective date of this Decision, except as to any voyage, area and vessel attack bonus payable for any period prior to 12:01 a. m. of October 1, 1945. [Decision 2D, Aug. 31, 1945, effective Oct. 1, 1945, 10 F.R. 11718]

CERTAIN OFF-SHORE SMALL CRAFT
OPERATIONS, ETC.

Article III-Bonus

Every master, officer or crew member employed aboard a vessel covered by this decision shall be paid war risk bonus in the amounts and under the terms and conditions set forth in Decision 2C: Provided, however, That on all tugs and on similar small craft covered by paragraph 1 of Article I of this decision, bonus payments shall become effective at the midnight or noon next preceding the hour on which the vessel proceeds on its employment, and shall terminate on the noon or midnight next succeeding the hour when the vessel is moored upon completion of its assignment. [Article III, Decision 4A, amended by Amdt. 1, July 16, 1945, effective July 20, 1945, 10 F.R. 8939]

consider the manpower needed to construct, operate and provide maintenance for additional stations.

It is not felt that the general premise that "broadcasting is in the war interest" will longer suffice to support the use of manpower and maintenance materials for new stations. Applications must be critically reviewed from the standpoint of available manpower and the need for the service to contribute to the war effort. The use of manpower cannot be approved unless an actual contribution is to be made.

In view of this, it will be the Commission's policy to designate for hearing all applications involving construction of new standard broadcast stations unless the applicant establishes (1) that the construction will result in making service available to a community which does not receive primary service from any existing broadcast station and (2) that all requirements of the January 26, 1944 statement of policy have been met.

Applications for changes in existing standard broadcast facilities will be handled in the same manner except where the change does not involve substantial construction work and costs less than $500.

No change will be made in the Commission's handling of commercial FM and Television applications which will be kept in the pending file.

Order, Commission, Jan. 25, 1945, 10 F.R. 1282, provides as follows:

Procedure to be followed in handling standard broadcast applications under the January 16, 1945, supplemental statement of policy.

1. On January 16, 1945, the Commission issued a supplemental statement interpreting its policy of January 26, 1944.

2. In order to carry out the policy, applications for new standard broadcast stations or for changes in facilities will be handled in the following manner:

(a) Applications filed prior to January 26, 1945, upon which the Commission has taken no action. All applications in this category will be held in status quo unless:

(1) The applicant files a petition requesting the Commission to proceed with the processing of his application for a decision under the supplemental statement of policy of January 16, 1945. Upon receipt of such petition the application will be processed and if the requirements of the supplemental statement of policy are met and the Commission finds that the granting of the application is in the public interest, a conditional grant will be issued. If the Commission's examination indicates that the requirements of the supplemental statement of policy have not been met the application will be designated for hearing and promptly heard on that single issue. If the hearing establishes inability to comply with the supplemental statement of policy, the application will be denied. Under § 1.369, FCC rules, the effect of this would be to prohibit consideration of a similar application of the same applicant for

facilities to serve the same area in whole or in part for a period of one year.

(2) The Commission on its own motion removes an application from the pending file and designates it for hearing for the purpose of determining issues which in the Commission's opinion would require a hearing even if no question as to availability of materials and manpower were presented. If after a hearing it appears that such applications could, except for the supplemental statement of policy, possibly be granted, they will be returned to the pending file. On the other hand, if it appears that the record made on the other issues requires a denial, such action will be taken.

(b) Applications filed prior to January 26, 1945, which have been designated for hearing but no hearing has been held. All applications in this category will be retained in status quo and the hearing continued until further notice unless:

(1) The applicant petitions the Commission to proceed with the hearing in the light of the supplemental statement of policy adopted January 16, 1945.

(2) The Commission on its own motion determines that the hearing should go forward for the purpose of determining issues other than those pertaining to the availability of manpower and materials.

After hearing, all such cases will be disposed of in the manner set forth in paragraph (a).

(c) Applications filed prior to January 26, 1945, in which a hearing has begun but the record has not yet been completed. In cases in this category, the Commission will proceed with hearings for the purpose of completing the record. Upon completion of the record the case will be held in the pending file unless it appears that it can be granted under the terms of the supplemental statements of policy, or unless the applicant petitions for a determination on the merits in the light of this policy. Consolidated proceedings involving applications as to which hearings have begun and in addition applications as to which hearings have not yet begun will be treated under this category.

(d) Applications filed prior to January 26, 1945, as to which hearings have been concluded. The Commission will announce decisions in cases which have been heard where:

(1) A grant is possible under the terms of the supplemental statement of policy of January 16, 1945.

(2) A denial is necessary regardless of the availability of materials or manpower.

No action will be taken in cases where a grant would be possible except for the supplemental statement of policy.

(e) Applications filed subsequent to January 26, 1945. All such applications will be processed and determined in accordance with the supplemental statement of policy. If the application meets the conditions of this policy and is otherwise in the public interest, a conditional grant will be made. If the application does not meet the requirements