(f) Corrosion. (1) Brake fluid when tested by the procedure specified in section 8.6 of SAE J70b shall not cause corrosion exceeding the limits shown in Table 1. The metal strips outside of the area where the strips are in contact shall neither be pitted nor roughened to an extent discernible to the naked eye, but staining or discoloration is permitted.

(2) The fluid-water mixtures shall show no jelling at 23° ±5° C. or 73.4° 9° F. No crystalline-type deposit shall form and adhere to either the glass jar walls or the surface of metal strips. The fluid-water mixture shall contain no more than 0.10 percent sediment by volume. The fluid-water mixture shall have a pH value of not less than 7.0 nor more than 11.5.

(3) The test rubber cup shall show no disintegration, as evidenced by excessive tackiness, blisters, or sloughing indicated by carbon black separation on the surface of the rubber cup. The hardness of the rubber cup shall not decrease by more than 15 degrees and the base diameter shall not increase by more than 1.4 millimeters or 0.055 inch.

(g) Fluidity and appearance at low temperatures. At minus 40° C. or minus 40° F., when brake fluid is tested by the procedure specified in section 8.7(a) of SAE J70b, the black contrast lines on a hiding power chart shall be clearly discernible when viewed through the fluid in the sample bottle. The fluid shall show no stratification or sedimentation, and upon inversion of the sample bottle, the air bubble shall travel to the top of the fluid in not more than 10 seconds. At minus 50° C. or minus 58° F., when brake fluid is tested by the procedure specified in section 8.7(b) of SAE J70b, the black contrast lines on a hiding power chart shall be clearly discernible when viewed through the fluid in the sample bottle. The fluid shall show no stratification or sedimentation, and upon inversion of the sample bottle, the air bubble shall travel to the top of the fluid in not more than 35 seconds.

(h) Evaporation. When brake fluid is tested by the procedure specified in section 8.8 of SAE J70b, loss by evaporation shall not exceed 80 percent by weight. Residue from the brake fluid after evaporation shall contain no precipitate that remains gritty or abrasive when rubbed with the fingertip. Residue shall have a pour point below minus 5° C. or plus 23° F.

(i) Water tolerance. At minus 40° C. or minus 40° F., when brake fluid is tested by the procedure specified in section 8.9 (a) of SAE J70b, the black contrast lines on a hiding power chart shall be clearly discernible when viewed through the fluid in the centrifuge tube. The fluid shall show no stratification or sedimentation. Upon inversion of the centrifuge tube, the air bubble shall travel to the top of the fluid in not more than 10 seconds. At 60° C. or 140° F., when brake fluid is tested by the procedure specified in section 8.9 (b) of SAE J70b, the fluid shall show no stratification, and sedimentation shall not exceed 0.05 percent by volume either before or after centrifuging.

(j) Compatibility. At minus 40° C. or minus 40° F., when brake fluid is tested by the procedure specified in section 8.10(a) of SAE J70b, the black contrast lines on a hiding power chart shall be clearly discernible when viewed through the fluid in the centrifuge tube. The fluid shall show no stratification or sedimentation. At 60° C. or 140° F., when brake fluid is tested by the procedure specified in section 8.10(b) of SAE J70b, the fluid shall show no stratification, and sedimentation shall not exceed 0.05 percent by volume either before or after centrifuging.

(k) Resistance to oxidation. Brake fluid when tested by the procedure specified in section 8.11 of SAE J70b shall not cause the metal strips outside of the areas in contact with the tinfoil to be pitted nor roughened to an extent discernible to the naked eye, but staining or discoloration is permitted. No more than a trace of gum shall be deposited on the test strips outside of the areas in contact with the tinfoil. The aluminum strips shall not decrease in weight by more than 0.05 milligram per square centimeter and the cast iron strips shall not decrease in weight by more than 0.3 milligram per square centimeter.

(1) Effect on rubber. (1) Rubber brake cups subjected to brake fluid as specified in section 8.12 (a) of SAE J70b shall show no increase in hardness, shall not decrease in hardness by more than 10 degrees, and shall show no disintegration as evidenced by excessive tackiness, blisters, or sloughing indicated by carbon black separation on the surface of the rubber cup. The increase in the diameter of the base of the cups shall not be less than 0.15 millimeter or 0.006 inch

nor more than 1.4 millimeters or 0.055 inch.

(2) Rubber brake cups subjected to brake fluid as specified in section 8.12(b) of SAE J70b shall show no increase in hardness, shall not decrease in hardness by more than 15 degrees, and shall show no disintegration as evidenced by excessive tackiness, blisters, or sloughing indicated by carbon black separation on the surface of the rubber cup. The increase in the diameter of the base of the cups shall not be less than 0.15 millimeter or 0.006 inch nor more than 1.4 millimeters or 0.055 inch.

(m) Simulated service performance. Brake fluid when tested by both Procedure I and Procedure II specified in section 8.13 of SAE J70b shall meet the following performance requirements:

(1) Metal parts shall not show corrosion as evidenced by pitting to an extent discernible to the naked eye, but staining or discoloration shall be permitted.

(2) The initial diameter of any cylinder or piston shall not change by more than 0.13 millimeter or 0.005 inch during test.

(3) The average lip diameter interference set of the rubber cups shall not be greater than 65 percent.

as

(4) Rubber cups shall not decrease in hardness by more than 10 degrees in Procedure I or by more than 15 degrees in Procedure II and shall not be in an unsatisfactory operating condition evidenced by excessive amounts of tackiness, scoring, scuffing, blistering, cracking, chipping (heel abrasion), or change in shape from original appearance.

(5) During any period of 24,000 strokes the volume loss of fluid shall not be more than 36 milliliters.

(6) The cylinder pistons shall not freeze nor function improperly throughout the test.

(7) The volume loss of fluid during the 100 strokes at the end of the test shall not be more than 36 milliliters.

(8) The condition of the fluid and brake cylinders at the end of test as evidenced by sludging, jelling, sedimentation, or grittiness shall not be such as would be likely to cause improper brake action in actual service.

(9) The base diameter of the rubber cups shall not increase by more than 0.9 millimeter or 0.035 inch.

[28 F.R. 7773, July 31, 1963, as amended at 29 F.R. 2780, Feb. 28, 1964]

7.1 Applicability of this part. Institution of proceeding. Contents of applications.

7.3

7.4

7.5

Action taken on applications.

Deviations from the terms of agreements.

AUTHORITY: The provisions of this Part 7 issued under 76 Stat. 936, 49 U.S.C. 1324 note, 1380, and Department Order 128 dated May 9, 1963; 28 F.R. 5096.

SOURCE: The provisions of this Part 7 appear at 28 F.R. 6350, June 20, 1963. § 7.1 Applicability of this part.

This part sets forth the special rules applicable to the filing and processing of applications for aircraft loan guarantees as provided in the Act of September 7, 1962, 71 Stat. 629 and as amended by Act of October 15, 1962, 76 Stat. 936. § 7.2 Institution of proceeding.

A proceeding to obtain the Under Secretary of Commerce for Transportation's approval for government guarantee of an aircraft purchase loan may be instituted by the filing of an original and 7 copies of Form SEC-378 and Form SEC-379 by the lender and air carrier respectively, together with an original and 4 copies of

supporting documents. Form SEC-378 and 379 may be obtained from the Under Secretary of Commerce for Transportation, Washington 25, D.C.

§ 7.3 Contents of applications.

(a) Form SEC-378-Application for Aircraft Loan Guarantee. This form contains requests for the following information: (1) Name and address of lender, (2) name and address of carrier, (3) amount of loan, maturity date, interest rate, purchase price, term of loan (years), guarantee requested, (4) disbursement schedule, (5) repayment schedule, (6) collateral, (7) yes and no answer as to whether lender would grant this loan, or a comparable loan, without government guarantee, and (8) the lender's name, an authorized signature, title, and date.

of

(b) Form SEC-379-Statement Carrier in Support of Application for Aircraft Loan Guarantee. This form contains requests for the following information: (1) A list of all banks (or other sources) from whom the air carrier has attempted to negotiate a loan during the past year, (2) a yes or no answer as to whether the air carrier has attempted to obtain equity capital during the past year, (3) the type, quantity, and cost of equipment to be purchased with the proceeds of this loan, (4) name and address of seller(s) of aircraft and major groups of spare parts, (5) the purchase plan, (6) use to be made of new equipment, (7) expected financial effect of new equipment, (8) common stockholders controlling, directly or indirectly, more than 5 percent of the stock of both the lender and the air carrier, and (9) the air carrier's name and authorized signature, title, and date.

guarantee and loan agreements may be made without prior approval from the Under Secretary of Commerce for Transportation. An original and four copies of requests for such approval and three copies of any supporting documents must be filed with the Under Secretary of Commerce for Transportation. Information contained in such requests and supporting documents shall be withheld from public disclosure during the life of the loan guarantee involved unless the Under Secretary of Commerce for Transportation finds that disclosure of such information is required in the public interest.

NOTE: The reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

8.9

Intimidatory or retaliatory acts prohibited.

8.10

8.11

Procedures for effecting compliance.

8.12

Hearings.

8.13

Decisions and notices.

8.14

Judicial review.

Effect on other laws; supplementary instructions; coordination.

8.15

Investigations.

Appendix A.

AUTHORITY: The provisions of this Part 8 are issued under sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.

SOURCE: The provisions of this Part 8 appear at 30 F.R. 305, Jan. 9, 1965; 30 F.R. 616, Jan. 19, 1965, unless otherwise noted.

Subpart A-General Provisions; Prohibitions; Nondiscrimination Clause; Applicability to Programs

§ 8.1 Purpose.

The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (hereafter referred to as the "Act") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program receiving Federal financial assistance from the Department of Com

merce.

§ 8.2 Application of this part.

(a) This part applies to any program for which Federal financial assistance is authorized under a law administered by the Department, including the federally-assisted programs listed in Appendix A to this part and as said Appendix may be amended. They apply to money paid, property transferred, or other Federal financial assistance extended under any such program after the effective date of this part pursuant to an application approved prior to such effective date.

(b) This part does not apply to (1) any Federal financial assistance by way of insurance or guaranty contracts, (2) money paid, property transferred, or other assistance extended under any such program before the effective date of this part, (3) any assistance to any individual who is the ultimate beneficiary under any such program, or (4) any employment practice, under any such program, of any employer, employment agency, or labor organization, except to the extent described in § 8.4 (c). The fact that a program is not listed in Appendix A shall not mean, if Title VI of the Act is otherwise applicable, that such program is not covered. Other programs under statutes now in force or hereinafter enacted may be added to the list by notice published in the FEDERAL REGISTER. § 8.3

Definitions.

(a) "Department" means the Department of Commerce, and includes each of its primary organization and equivalent other units.

(b) "Secretary" means the Secretary of Commerce.

(c) "United States" means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term "State" means any one of the foregoing.

(d) "Person" means an individual in the United States who is or is eligible to be a participant in or a beneficiary of any program which receives Federal financial assistance, and includes an individual who is an owner or member of a firm, corporation, or other business or organization which is or is eligible to be a participant in or a beneficiary of such a program. Where a primary objective of a statute authorizing Federal financial assistance to a program is to provide employment, "person" includes employees or applicants for employment of a recipient under such program.

(e) "Responsible Department official" with respect to any program receiving Federal financial assistance means the Secretary or other official of the Department who by law or by delegation has the principal authority within the Department for the administration of a law extending such assistance. It also means any officials so designated by due delegation of authority within the Department to act in such capacity with regard to any program under this part.

(f) "Federal financial assistance” includes (1) grants, loans, or agreements for participation in loans, of Federal funds, (2) the grant or donation of Federal property or interests in property, (3) the sale or lease of, or the permission to use (on other than a casual or transient basis), Federal property or any interest in such property or in property in which the Federal Government has an interest, without consideration, or at a nominal consideration, or at a consideration which is reduced, for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to or use by the recipient, (4) waiver of charges which would normally be made for the furnishing of Government services, (5) the detail of Federal personnel, (6) technical assistance, and (7) any Federal agreement, arrangement, contract, or other instrument which has as one of its purposes the provision of assistance.

(g) "Program" includes any program, project, or activity for the provision of services, financial aid, property or other

benefits to persons, or for the provision of facilities for furnishing services, financial aid, property, or other benefits to persons, whether provided by the recipient of Federal financial assistance or by others through contracts or other arrangements with the recipient, or whether provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, facilities or other resources provided to meet the conditions under which Federal financial assistance will be received. It includes programs supported by: (1) Grants or loans to or contracts with recipients which make further grants or loans to, or contracts with, participants in the program or to persons who are the ultimate beneficiaries, (2) grants or loans to or contracts with recipients to help finance the provision of services to the ultimate beneficiaries, (3) grants, loans or contracts to help finance the construction or operation of public roads, public works, or other facilities, to provide benefits, aid or services to the ultimate beneficiaries, (4) Federal financial assistance where a primary objective of the assistance is to provide employment, (5) any other Federal financial assistance in which the immediate recipient of the assistance is not the sole or exclusive beneficiary of the Congressional purpose.

(h) "Facility" includes all or any portion of structures, equipment, vessels, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(i) "Recipient" means any State, political subdivision of any State, or instrumentality of any State or political subdivision, or any public or private business or other agency, institution, organization, or other entity, or any individual, in any State, who applies for Federal financial assistance, or to whom Federal financial assistance is extended directly or through another recipient for or in connection with any program. Recipient further includes any successors, assigns, or transferees of any kind of the recipient, and those parties so designated for each program in § 8.6, but does not include any ultimate beneficiary under any program.

(j) "Primary recipient" means any recipient which is authorized or required to extend or distribute Federal financial assistance to another recipient for the purpose of carrying out a program.

(k) "Applicant" means one who submits an application, request, or plan required to be approved by a responsible Department official, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and “application" means such an application, request, or plan.

§ 8.4 Discrimination prohibited.

(a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program to which this part applies.

(b) Specific discriminatory acts prohibited. (1) A recipient of Federal financial assistance, or other party subject to these regulations under any program to which this part applies, shall not participate, directly or through contractual or other arrangements, in any act or course of conduct which, on the ground of race, color or national origin:

(i) Denies to a person any service, financial aid, or other benefit provided under the program;

(ii) Provides any service, financial aid, or other benefit, to a person which is different, or is provided in a different manner, from that provided to others under the program;

(iii) Subjects a person to segregation or separate treatment in any matter related to his receipt of any such service, financial aid, property, or other benefit under the program;

(iv) Restricts the person in any way in the enjoyment of services, facilities, or any other advantage, privilege, property, or benefit provided to others under the program;

(v) Treats a person differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition which persons must meet in order to be provided any service, financial aid, or other benefit provided under the program;

(vi) Denies a person an opportunity to participate in the program through the provision of property or services or otherwise, or affords him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program as an employee but only to the extent set forth in paragraph (c) of this section);