An Act to amend the Federal Aviation Act of 1958 so as to authorize elimination of a hearing in certain cases under section 408.
PL 86-758 (S.1545), enacted 09/13/1960

74 
S T A T . ] 
PUBLIC LAW 86-758-SEPT. 13, 1960 
901 
on a form prescribed by the Commission. The deputy commissioner 
may, however, excuse the failure to furnish such report within twenty 
days when he finds it to be in the interest of justice to do so, and he 
may, upon application by a party in interest, make an award for the 
reasonable value of such medical or surgical treatment so obtained by 
the employee. If at any time during such period the employee unrea-
sonably refuses to submit to medical or surgical treatment, the deputy 
commissioner may, by order, suspend the payment of further com-
pensation during such time as such refusal continues, and no com-
pensation shall be paid at any time during the period of such suspen-
sion, unless the circumstances justified the refusal. 
"(e) Whenever in the opinion of the deputy commissioner a 
physician has not impartially estimated the degree of permanent 
disability or the extent of temporary disability of any injured 
employee, the deputy commissioner shall have the power to cause 
such employee to be examined by a physician selected by the deputy 
commissioner and to obtain from such physician a report containing 
his estimate of such disabilities. If the report of such physician shows 
that the estimate of the physician has not been impartial from the 
standpoint of such employee, the deputy commissioner shall have the 
power in his discretion to charge the cost of such examination to the 
employer, if he is a self-insurer, or to the insurance company which 
is carrying the risk. 
"(f) All fees and other charges for such treatment or service shall 
be limited to such charges as prevail in the same communit}'^ for similar 
treatment of injured persons of like standard of living, and shall be 
subject to regulation by the deputy commissioner. 
"(^) The liability of an employer for medical treatment as herein 
provided shall not be affected by the fact that his employee was injured 
through the fault or negligence of a third party not in the same 
employ, or suit has been brought against such third party. 
The 
employer shall, however, have a cause of action against such third 
party to recover any amounts paid by him for such medical treatment 
in like manner as provided in section 33(b) of this Act." 
Approved September 13, 1960. 
Degree of disa-
bility. 
Fees. 
Limitation. 
Employer liabil-
ity. 
33 u s e 933. 
Public Law 86-758 
AN ACT 
September 13, 1960 
To amend the Federal Aviation Act of 1958 so as to authorize elimination of a 
l
^
^
- ^^'*^^ 
hearing in certain cases under section 408. 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Congress assembled, That section 408(b) 
of the Federal Aviation Act of 1958 (49 U.S.C. 1378(b)) is amended 
by inserting immediately before the period at the end thereof a colon 
and the following:'"''Provided further. That, in any case in which the 
Board determines that the transaction which is the subject of the ap-
plication does not affect the control of an air carrier directly engaged 
in the operation of aircraft in air transportation, does not result in 
creating a monopoly, and does not tend to restrain competition, and 
determines that no person disclosing a substantial interest then cur-
rently is requesting a hearing, the Board, after publication in the Fed-
eral Register of notice of the Board's intention to dispose of such ap-
plication without a hearing (a copy of which notice shall be furnished 
by the Board to the Attorney General not later than the day follow-
ing the date of such publication), may determine that the public in-
terest does not require a hearing and by order approve or disapprove 
such transaction". 
Air 
c a r r i e r s , 
merger, hearings. 
72 Stat. 767. 
P ublioation in 
F. R. 
902 
PUBLIC LAW 86-759-SEPT. 13, 1960 
[74 S T A T , 
SEC. 2. The amendment made by the first section of this Act shall 
apply only with respect to applications submitted to the Civil Aero-
nautics Board on or after the date of enactment of this Act. 
Approved September 13, 1960. 
Public Law 86-759 
September 13, 196b 
[S. 1663] 
B i s m a r c k , N. 
Dak., landconveyT 
ance. 
AN ACT 
Directirg the Secretary of the Interior to convey certain property in the State 
of North Daliota to the city of Bismarck, North Dakota 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That in order to 
clear the title to the property hereinafter described the Secretary of 
the Interior is authorized and directed to convey by quitclaim deed, 
without consideration, to the city of Bismarck, North Dakota, all 
right, title, and interest of the United States in and to the following 
described tract of land, together with all buildings and other improve-
ments thereon, situated in the city of Bismarck, North Dakota: 
Part of the southeast quarter of section 5, township 138, range 80, 
beginning at the southeast comer of such section, thence due west 
for 1,786 feet, thence north 25 degrees and 46 minutes west a distance 
of 1,122.5 feet, thence north 66 degrees and 39 minutes west a distance 
of 454.9 feet, thence north 33 degrees and 22 minutes west a distance 
of 679 feet, thence north 25 degrees and 24 minutes west a distance 
of 610 feet, thence around a 30-degree 49-minute curve to the right 
a distance of 374.4 feet, thence due east 66 feet south of the quarter 
line of such section 5 a distance of 1,103 feet, thence due south a 
distance of 1,214 feet, and thence due east a distance of 1,220 feet, and 
thence due south a distance of 1,360 feet to the point of beginning. 
Approved September 13, 1960. 
Public Law 86-760 
September 13, I960 
A N 
A C T 
[8. 3771] 
rpQ amend certain provisions of the Trust Indenture Act of 1939, as amended. 
Trust 
Indenture 
Act of 1939, amend-
ment. 
53 Stat. 1153. 
15 u s e 77ddd. 
Be it eruwted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That subsection (c) 
of section 304 of the Trust Indenture Act of 1939, as amended, is 
amended to read as follows: 
"(c) The Commission shall, on application by the issuer and after 
opportunity for hearing thereon, by order exempt from any one or 
more provisions of this title an^ security issued or proposed to be issued 
under any indenture under which, at the time such application is filed, 
securities referred to in paragraph (3) of subsection (a) of this sec-
tion are outstanding or on January 1, 1959, such securities were out-
standing, if and to the extent that the Commission finds that com-
pliance with such provision or provisions, through the execution of 
a supplemental indenture or otherwise— 
"(1) would require, by reason of the provisions of such inden-
ture, or the provisions of any other indenture or agreement made 
prior to the enactment of this title, or the provisions of any ap-
plicable law, the consent of the holders of securities outstanding 
under any such indenture or agreement; or 
"(2) would impose an undue burden on this issuer, having due 
regard to the public interest and the interests of investors." 
Approved September 13, 1960.