[Federal Register Volume 59, Number 230 (Thursday, December 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29302]
[[Page Unknown]]
[Federal Register: December 1, 1994]
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DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 766
Use of Department of the Navy Aviation Facilities by Other Than
United States Department of Defense Aircraft
AGENCY: Department of the Navy, DOD.
ACTION: Proposed rule.
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SUMMARY: The Department of the Navy is revising its regulations which
establish the responsibilities and describe the procedures for the use
of United States Navy and Marine Corps aviation facilities by aircraft
other than U.S. Department of Defense aircraft. This revision clarifies
requirements and responsibilities and provides more latitude for
decisionmaking at lower levels.
DATES: Comments must be received by January 3, 1995.
ADDRESSES: Interested parties should submit written comments to: Office
of the Chief of Naval Operations (N885), ATTN: CAPT Calhoun, Pentagon,
Washington, DC 20350.
FOR FURTHER INFORMATION CONTACT: CAPT J. R. Calhoun, Chief of Naval
Operations (N885), Pentagon, Washington, DC 20350.
SUPPLEMENTARY INFORMATION: This revision adds a list of types of civil
uses allowed at Naval Air Stations; adds and expands terms explained;
deletes reporting requirements for emergency landing; changes
``Military Airlift Command (MAC)'' to ``Air Mobility Command (AMC)'';
modifies approval authority for landing at Navy or Marine Corps
aviation facilities, delegates authority to approve all landings to the
commanding officer at joint naval or civil use airports, modifies and
expands the instructions for obtaining a Civil Aircraft Landing Permit;
delegates to the commanding officer of Navy or Marine Corps aviation
facilities the authority to issue Civil Aircraft Landing Permits under
a variety of circumstances; adds instructions for Civil Aircraft
Landing permit renewals; increases the fee for unauthorized landings at
Navy or Marine Corps aviation facilities; increases the landing fees at
Navy or Marine Corps aviation facilities; and increases the minimum
parking and storage fees. The form OPNAV 3770/1 has been cancelled.
The Department of the Navy has determined that this regulation is
not a ``significant'' rule as defined by Executive Order 12866 and is
not subject to the relevant provisions of the Regulatory Flexibility
Act of 1980 (5 U.S.C. 605(b)). DD Forms 2400, 2401, and 2402 contain
reporting or recordkeeping requirements under the criteria of the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), and have been
approved by the Office of Management and Budget (OMB) under control
number 0701-0050.
List of Subjects in 32 CFR Part 766
Aircraft, Federal buildings and facilities.
Accordingly, part 766 of chapter VI of title 32 of the Code of
Federal Regulations is proposed to be revised to read as follows:
PART 766--USE OF DEPARTMENT OF THE NAVY AVIATION FACILITIES BY
CIVIL AIRCRAFT
Sec.
766.1 Purpose.
766.2 Definition of terms.
766.3 Authority.
766.4 Policy.
766.5 Conditions governing use of aviation facilities by civil
aircraft.
766.6 Approving authority for landings at Navy/Marine Corps
aviation facilities.
766.7 How to request use of naval aviation facilities.
766.8 Processing procedures.
766.9 Use of more than one Navy air facility.
766.10 Cancellation or suspension of the civil aircraft landing
permit, DD 2401.
766.11 Fees for landing, parking and storage.
766.12 Unauthorized landings.
766.13 Sale of aviation fuel, oil, services and supplies.
766.14 Forms.
766.15 Processing procedures for civil aircraft landing permits.
Authority: 49 U.S.C. 1507.
Sec. 766.1 Purpose.
This part establishes the policy and procedures for the use of Navy
and Marine Corps aviation facilities by aircraft other than United
States Department of Defense aircraft. The provisions of this part 766
are SECNAV Instruction 3770.1C of 15 December 1992, available in the
Pentagon library.
Sec. 766.2 Definitions of terms.
For the purpose of this part, certain terms are defined as follows:
Alternate use. Use of the aviation facility, specified in the
flight plan, to which an aircraft may divert when a landing at the
point of first intended landing becomes impractical because of weather.
(Aircraft may not be dispatched, prior to takeoff from the airport of
origin, to a facility licensed for alternate use.)
Bailed aircraft. U.S. Government-owned aircraft delivered by the
Government to a Government contractor for a specific purpose directly
related to a Government contract.
Civil aircraft. Domestic or foreign aircraft operated by private
individuals or corporations, or foreign government-owned aircraft
operated for commercial purposes. Civil aircraft includes ``contract
aircraft'' and ``leased aircraft.''
Civil aviation. All flying activity by civil aircraft including
``commercial aviation'' and ``general aviation.''
Commercial aviation. Transportation by aircraft of passengers or
cargo for hire and the ferrying of aircraft as a commercial venture.
Contract aircraft. Civil aircraft operated under charter or other
contract to any U.S. Government department or agency.
Facility. A separately located and officially defined area of real
property in which Navy exercises a real property interest and which has
been designated as a Navy or Marine Corps aviation facility by
cognizant authority; or where the Department of the Navy has
jurisdiction over real property agreements, expressed or implied, with
foreign governments, or by rights of occupation. (This definition does
not include aircraft carriers nor any other type of naval vessel with a
landing area for aircraft.)
General aviation. All types of civil aviation other than commercial
aviation as defined above.
Government aircraft. Public aircraft used exclusively in the
service of any government or of any political subdivision thereof,
including the government of any State, Territory, or possession of the
United States, or the District of Columbia, but not including any
government owned aircraft engaged in carrying persons or property for
commercial purposes. For purposes of this paragraph, ``used exclusively
in the service of'' means, for other than the Federal Government, an
aircraft which is owned and operated by a governmental entity for other
than commercial purposes or which is exclusively leased by such
governmental entity for not less than 90 continuous days. Government
aircraft includes ``military aircraft,'' ``bailed aircraft,'' and
``loaned aircraft.''
Joint-use facility. A Navy or Marine Corps facility where a
specific agreement between the Department of the Navy and a civilian
community, or between the U.S. Government and a foreign government,
provides for civil aircraft use of the runways and taxiways. Civil
aircraft terminal, parking, and servicing facilities are established
and controlled by civil authorities in an area separate from those of
the Navy or Marine Corps.
Leased aircraft. U.S. Government-owned aircraft delivered by the
Government to a lessee subject to terms prescribed in an agreement
which does not limit the lessee's use of the aircraft to Government
business.
Loaned aircraft. U.S. Government-owned aircraft delivered
gratuitously by any Department of Defense agency to another Government
agency, to a U.S. Navy and Marine Corps Flying Club, or to a U.S. Army
or Air Force Aero Club.
Military aircraft. Aircraft used in the military services of any
government.
Official business. Business, in the interest of the U.S.
Government, which personnel aboard an aircraft must transact with U.S.
Government organizations or personnel at or near the naval aviation
facility concerned. Use of a facility to solicit U.S. Government
business is not ``official business.''
Provisional use. Use of a naval aviation facility for the purpose
of providing adequate service to a community where, because of repair,
construction or the performance of other work, the regular civil
airport servicing the community is not available for an extended
period. (An aircraft may be dispatched prior to takeoff from the
airport of origin to a naval aviation facility authorized for
provisional use.)
Scheduled use. Use of a facility on a scheduled or regularly
recurring basis by an air carrier certified by the Civil Aeronautics
Board to provide passenger and cargo service to a community or area.
Services in connection with government contracts. This type of
operation, cited on the Landing Permit, indicates the use of a facility
for transporting the contractor's supplies and personnel for the
performance of work at the facility under the terms of a specific U.S.
Government contract.
Technical stop. An enroute landing for the purpose of obtaining
fuel, oil, minor repairs, or crew rest. This does not include passenger
accommodations nor passenger/cargo enplaning or deplaning privileges
unless specifically authorized by the Chief of Naval Operations.
User. An individual, corporation, or company named in the Landing
Permit, Hold Harmless Agreement, and the Certificate of Insurance.
Sec. 766.3 Authority.
Air navigation facilities owned or operated by the United States
may be made available for public use under such conditions and to such
extent as the head of the department or other agency having
jurisdiction thereof deems advisable and may by regulation prescribe.
(See 49 U.S.C. 1507)
Sec. 766.4 Policy.
Navy and Marine Corps aviation facilities are established to
support the operation of Navy and Marine Corps aircraft. Equipment,
personnel, and material are maintained only at a level necessitated by
these requirements and shall not be used to support the operation or
maintenance of civil aircraft or non U.S. Government aircraft, except
as noted in paragraphs (a) and (b) of this section. (Nothing in this
part should be interpreted to prohibit any aircraft from landing at any
suitable Navy or Marine Corps aviation facility in the case of a bona
fide emergency). See paragraph (i) of Sec. 766.5.
(a) General. Subject to the procedures established elsewhere in
this part, civil aircraft and government aircraft, other than those
belonging to the U.S. Government may use Navy or Marine Corps
facilities, if necessary, provided that:
(1) They do not interfere with military requirements, and the
security of military operations, facilities, or equipment is not
compromised.
(2) No adequate civil airport is available. (Exception to this
provision may be made when the aircraft is operated in connection with
official business as defined in Sec. 766.2.)
(3) Pilots comply with regulations promulgated by the cognizant
military agency and the commanding officer of the facility.
(4) Civil aircraft users assume the risk in accordance with the
provisions of the Landing Permit.
(5) Each aircraft is equipped with two-way radio which provides a
capability for voice communications with the control tower on standard
Navy/Marine Corps frequencies.
(6) The user, or requesting government, has obtained permission
through diplomatic channels from the host country wherein the facility
of intended landing is located, if applicable.
(b) Types of Civil Use. The specific types of civil use the U.S.
Navy normally authorizes are listed in paragraphs (b)(1) through
(b)(16) of this section. Others may be considered if sufficient
justification is provided.
(1) Contractor or Subcontractor Personnel. A U.S. or foreign
contractor or subcontractor, operating corporate or personal aircraft,
who uses a U.S. Navy installation to fulfill the terms of a U.S.
Government contract. The contractor or subcontractor must indicate on
the DD 2401 the current government contract numbers; the U.S. Navy
installation required for each contract; a brief description of the
work to be performed; and, the name, telephone number, and address of
the government contracting officer. Potential contractors may not land
at U.S. Navy installations for the purpose of pursuing or presenting an
unsolicited proposal for procurement of government business.
(2) Demonstration Flights. Permits an aircraft or aircraft
component manufacturer to display or demonstrate aircraft
(nonaerobatic) or installed components to U.S. Government
representatives who have procurement interest or authority, or
certification responsibilities. Nonaerobatic demonstration or display
must be a contractual provision or presented at the request of an
authorized U.S. Government representative. The name, address, and
telephone number of the requesting government representative or
contracting officer and contract number must be included on the DD
2401.
(3) Active Duty U.S. Military. Authorizes active duty U.S. military
members, operating their own aircraft or aircraft leased at their own
expense, to use any U.S. Navy installation for official duty
transportation (temporary duty, permanent change of station, etc.).
Under no conditions shall such aircraft be allowed to base or operate
from a facility for personal convenience nor base at a facility under
guise of official business. A copy of current travel orders or other
official travel certification must be on board the aircraft.
(4) Reserve Forces. Permits members of the U.S. Reserve Forces
(including Reserve Officer Training Corps and National Guard) operating
their own aircraft or aircraft leased at their own expense, to use a
specific U.S. Navy installation where their assigned unit is located to
fulfill their official duty commitment or for travel duty (TDY) at
other installations when on official travel orders. A request routed
through the commander for an endorsement, which validates military
status and requirement for use of U.S. Navy installations listed on the
permit application, is required. When appropriate, travel orders must
be on board the aircraft.
(5) Civilian Employees of the U.S. Government. Permits civilian
employees of the U.S. Government, operating their own aircraft or
aircraft leased at their own expense, to use U.S. Navy installations
only for official government business travel. A copy of current travel
orders or other official travel certification must be on board the
aircraft.
(6) Special Conveyance. Permits government personnel to use a
chartered aircraft for single flights between two or more points for
official business only. The official directing the travel must
authorize use of special conveyance and arrangements for hiring the
aircraft must be made by a transportation office. A copy of official
orders citing the special conveyance authorization must be on board the
aircraft.
(7) Air Shows. Permits civil aircraft operators to participate in
air shows at Navy and Marine Bases. Participation in air shows is at
the invitation of the installation commanding officer only.
(8) Civil Air Patrol (CAP). Permits aircraft owned and operated by
the CAP to use designated U.S. Navy installations for official CAP
activities. Endorsement of the application is by Headquarters, Civil
Air Patrol, U.S. Air Force, Director of Operations, Maxwell Air Force
Base, Alabama 36112-5572.
(9) U.S. Navy and Marine Corps Flying Club and U.S. Army/U.S. Air
Force Aero Club Members. Permits individuals to operate their own
aircraft into and out of the U.S. Navy airfield where they hold active
aero/flying club membership. Written endorsement on the DD 2401 by the
aero/flying club manager which validates the individual's aero/flying
club membership. (Members using U.S. Navy flying club facilities
located on a civil airfield must provide the endorsement, and DD 2400
and DD 2402 to the local commander. DD 2401 is not required.)
(10) Weather Alternate Airport. Permits scheduled air carriers to
divert to a specified U.S. Navy installation when weather conditions
require a change from the original destination while in flight.
Aircraft may not be dispatched from the point of departure to a U.S.
Navy airfield which has been designated as an approved weather
alternate. Actual use is predicated on weather conditions at scheduled
destination. Scheduled route structure must encompass the U.S. Navy
airfield requested for use.
(11) Air Mobility Command (AMC) Contract or Charter. Permits an air
carrier to use a U.S. Navy installation under the terms of a AMC
contract. International flights must have a AMC Form 8, Civil Aircraft
Certificate, on board the aircraft. Domestic flights must have either a
Certificate of LOGAIR Operations (U.S. Air Force, Air Force Logistics
Command), Certificate of QUICKTRANS (U.S. Navy), a Certificate of
Courier Service Operations (AMC), or a Certificate of Intra-Alaska
Operations on board the aircraft.
(12) U.S. Government Contract or Charter Operator. Permits an air
carrier to use a U.S. Navy installation under the terms of a U.S.
Government contract or charter agreement by a U.S. Government
department or agency other than the Department of Defense. Carrier must
identify the chartering agency and provide the name, address, and phone
number of the Government official procuring the transportation. An
official government document must be on board the aircraft to
substantiate that the flight is operating for a U.S. Government
department or agency.
(13) Contractor or Subcontractor Charter Operator. An operator who
uses a U.S. Navy installation for the transportation of U.S. or foreign
contractor or subcontractor personnel or cargo in support of a current
U.S. Government contract. The contractor or subcontractor must provide
written validation to the approving authority that the charter operator
will be operating on their behalf in fulfilling the terms of a
government contract, to include current government contract numbers and
titles; the U.S. Navy installations which are required; and, the name,
telephone number, and address of the government contracting officer.
(14) DOD Charter. A civil aircraft operator who uses a U.S. Navy
installation for the official transportation of DOD personnel or cargo.
Tender of service approved by the Military Transportation Management
Command (MTMC) and an SF 1169 or 1103, U.S. Government Bill of Lading,
on the aircraft to validate the operation is for the DOD. (Passenger
charters arranged by the MTMC are assigned a commercial air movement
(CAM) or civil air freight movement number each time a trip is awarded.
Installations will normally be notified by message at least 24 hours in
advance of a pending CAM operation.)
(15) Media. Permits representatives of the media to gather
information about a U.S. Government operation or event. Use will be
considered on a case-by-case basis; for example, if other forms of
transportation would preclude meeting a production deadline or if use
would be in the best interest of the U.S. Government, authorization
would be warranted. Concurrence of the installation commander, base
operations officer, and public affairs officer is required.
(16) Other. Under certain circumstances, based on the justification
provided, use of U.S. Navy installations may be authorized for:
(i) Aircraft certification testing as required by Federal Aviation
Regulations (FARs) which does not involve use of Navy testing hardware.
(ii) Commercial development testing at Navy flight test facilities.
(iii) Commercial charter operations.
(iv) Commercial aircrew training flights.
(v) Private, nonrevenue producing flights for personal or company
convenience.
(vi) Temporary scheduled air service.
(vii) Foreign government charter.
(viii) Flights transporting foreign military sales (FMS) material.
(Hazardous, oversized, or classified cargo only.) Description of cargo
(nomenclature and or proper shipping name). The description of
hazardous cargo must include the Department of Transportation exemption
number, hazard class, number of pieces, and net explosive weight.
(ix) Certified flight record attempts.
(x) Political candidates. (For security reasons only.) Aircraft
either owned or chartered explicitly for a Presidential or Vice
Presidential candidate, including not more than one accompanying
overflow aircraft for the candidate's staff and press corps. Candidate
must be a Presidential or Vice Presidential candidate being aboard one
of the aircraft (either on arrival or departure). Normal landing fees
will be charged. Fuel may be sold on a cash or credit basis. To reduce
conflict with U.S. statutes and U.S. Navy operational requirements, and
to provide expeditious handling of aircraft and passengers, the
following guidance applies for the installation commander:
(A) Minimum official (base officials) welcoming party.
(B) No special facilities are to be provided.
(C) No on-base political rallies or speeches.
(D) No official transportation should be provided for unauthorized
personnel (press, local populace, etc.).
(E) The Secret Service must confirm that use has been requested in
support of their security responsibilities.
(xi) Aircraft either owned or personally chartered for
transportation of the President, Vice President, or a past President of
the United States; the head of any U.S. federal department or agency;
or a Member of the Congress. Use by other than the President or Vice
President must be for official government business.
(c) Joint Use. When a specific agreement is entered into by the
Department of the Navy pertaining to joint civil or military use of a
Navy or Marine Corps facility, the terms of that agreement shall take
precedence over the provisions of this part.
Sec. 766.5 Conditions governing use of aviation facilities by civil
aircraft.
(a) Risk. The use of Navy or Marine Corps aviation facilities by
civil aircraft shall be at the risk of the operator. Except as
hereinafter provided for U.S. Government contractors, the Department of
the Navy shall assume no liability or responsibility by reason of the
condition of the landing area, taxiways, radio and navigational aids,
or other equipment or for notification of such condition; or by the
acts of its agents in connection with the granting of the right to use
such naval facility. No responsibility is assumed for the security of
or damage to aircraft while on property owned or controlled by the U.S.
Government.
(b) Military Rules. Operators of civil aircraft utilizing a Navy or
Marine Corps aviation facility shall be required to comply with the air
and ground rules promulgated by the Department of the Navy and the
commanding officer of the aviation facility. Such compliance shall
pertain specifically to clearance authorization for the entry,
departure, or movement of aircraft within the confines of the terminal
area normally controlled by the commanding officer of the aviation
facility.
(c) Federal Aviation Regulations. Operators of civil aircraft shall
be required to comply with all Federal Aviation Administration (FAA)
rules and regulations including filing of flight plans. When such
flight plans are required, they shall be filed with the commanding
officer or his or her authorized representative prior to the departure
of the aircraft. When such a flight plan is not required, a list of
passengers and crew members, the airport of first intended landing, the
alternate airport, and fuel supply in hours shall be placed on file
prior to takeoff, with the commanding officer or with the local company
representative, as appropriate.
(d) Hours of Operation. The use of a Navy or Marine Corps aviation
facility by civil aircraft shall be limited to the hours when the
facility is normally in operation.
(e) Weather Minimums. Civil aircraft shall comply with weather
minimums as follows:
(1) Visual Flight Operations shall be conducted in accordance with
Federal Aviation Regulations, Sec. 91.155 (available at the Pentagon
library). If more stringent visual flight rules minimums have been
established for the point of departure or destination, as noted in the
aerodrome remarks section of the Department of Defense Flight
Information Publication (enroute) Instrumentation Flight Rules--
Supplement, then the ceiling and visibility must be at or above these
minimums in the applicable control zone.
(2) Instrument flight operations shall be conducted in accordance
with Federal Aviation Regulations, Sec. 91.175 (available at the
Pentagon library).
(f) Inspection. The commanding officer of a Navy or Marine Corps
aviation facility may conduct such inspection of a transiting civil
aircraft and its crew, passengers and cargo as he or she may consider
appropriate or necessary to the carrying out of his or her duties and
responsibilities.
(g) Customs, Immigration, Agriculture, and Public Health
Inspection.
(1) The civil aircraft commander shall be responsible for
compliance with all applicable customs, immigration, agriculture, and
public health laws and regulations. He or she shall also be responsible
for paying fees, charges for overtime services, and for all other costs
connected with the administration of such laws and regulations.
(2) The commanding officer of the Navy or Marine Corps aviation
facility will inform the appropriate public officials of the arrival of
civil aircraft subject to such laws and regulations. He or she will not
issue clearances for a civil aircraft to takeoff until such laws and
regulations have been complied with. Procedures for insuring compliance
with such laws and regulations shall be as mutually agreed to by the
commanding officer of the aviation facility and the local public
officials.
(h) Weather Alternate. If a Navy or Marine Corps aviation facility
has been approved for use as an alternate airport, radio clearance must
be obtained from such facility as soon as the decision is made enroute
for such use.
(i) Emergency Landings. Any aircraft may land at a Navy or Marine
Corps aviation facility when necessary as a result of a bona fide
emergency. However, whenever the nature of the emergency permits the
pilot to select the time and place of the landing, it is preferred that
the pilot land the aircraft at a civil field.
(1) The commanding officer of the Navy or Marine Corps aviation
facility will require that the pilot of the aircraft pay all fees and
charges and execute the Landing Permit (DD 2401). A statement
explaining the circumstances of the emergency landing must be noted in
paragraph 4 of the permit application. If a narrative report from the
pilot is available, it may be attached to the application.
(2) Clearance of Runway. The Department of the Navy reserves the
right to use any method to clear a runway of aircraft or wreckage
consistent with operational requirements. Care will be exercised to
preclude unnecessary damage in removing wrecked aircraft; however, the
Navy assumes no liability as a result of such removal.
(3) Repairs. (i) Aircraft requiring major repairs may be stored
temporarily in damaged condition. If repairs cannot be completed within
a reasonable time, the aircraft must be removed from the facility by
the owner or operator of the aircraft.
(ii) No aircraft will be given a major or minor overhaul.
(iii) Engine or airframe minor components may be furnished, when
not available through commercial sources, provided such supplies can be
spared and are not known to be in short supply. The issuance of such
supplies must be approved by the commanding officer of the Navy or
Marine Corps aviation facility.
(iv) Minor components in short supply or major components for which
there is a repeated demand can be furnished only on authority obtained
from the Aviation Supply Office, Philadelphia, Pennsylvania (for
continental facilities) or local fleet air command or major aviation
supply depot (for extra-continental facilities). Complete engines,
airplane wings, or other major items of equipment shall not be
furnished under this authority.
(v) If the commanding officer of the Navy or Marine Corps aviation
facility believes it is desirable to furnish requested material or
services in excess of the restrictions stated here, he or she shall
request instructions from the Chief of Naval Operations (OP-55), giving
a brief description of the material or services requested together with
his or her recommendations.
(4) Reimbursement for Costs. (i) The civil user making an emergency
landing will be billed in accordance with paragraphs 032500-032503 of
the NAVCOMPT Manual for payment of all costs incurred by the Government
as a direct result of the emergency landing. Such costs will include
those associated with labor, material, rental of equipment, vehicles or
tools, etc., for:
(A) Spreading foam on runway before the aircraft attempts emergency
landing.
(B) Fire and crash control and rescue.
(C) Movement and storage of aircraft or wreckage.
(D) Damage to runway, lights, navigation aids, etc.
(ii) There will be no charge for naval meteorological services and
naval communications facilities for the handling of arrival and
departure reports, air traffic control messages, position reports and
safety messages.
(iii) The determination as to whether landing fees shall be charged
under an emergency landing for maintenance or repair shall be the
prerogative of the commanding officer of the facility.
Sec. 766.6 Approving authority for landings at Navy or Marine Corps
aviation facilities.
(a) Except as limited in paragraphs (b) and (c) of this section,
the commanding officer of a Navy or Marine Corps aviation facility may
approve or disapprove applications and issue permits (DD 2401) for
landings of civil aircraft at their facility when such landing is:
(1) Directly connected with or in support of U.S. Government
business, except those listed in paragraph (c) of this section.
(2) In connection with U.S. Government interests on an infrequent
basis when no adequate civil airport is available.
(3) By aircraft owned and operated by Navy or Marine Corps Flying
Clubs or U.S. Army or Air Force Aero Clubs which are operated as
instrumentalities of the U.S. Government.
(4) By aircraft owned and operated by U.S. Government personnel
when such use is in accordance with Sec. 766.4(b) (1) and (2).
(5) By civil aircraft either owned or personally chartered by:
(i) The President or Vice President of the United States or a past
President of the United States.
(ii) The head of any federal department or agency.
(iii) A Member of Congress.
(6) By a bailed, leased, or loaned aircraft (as defined in
Sec. 766.2) when operated in connection with official business only.
(7) By aircraft owned and operated by states, counties or
municipalities of the United States when used for official business of
the owner.
(8) For those U.S. naval stations on which a joint-use civilian
airport is operated the following additional uses:
(i) Commercial training flights;
(ii) Commercial charter flights;
(iii) Private, non-revenue flights;
(iv) Foreign government charter;
(v) Foreign military sales charter;
(vi) Scheduled commercial airlines; and
(vii) Other uses consistent with the operation of a commercial
airport.
(b) Except as limited by paragraph (c) of this section, the
Commander in Chief, U.S. Naval Forces, Europe; Commander in Chief, U.S.
Atlantic Fleet; Commander in Chief, U.S. Pacific Fleet; Chief of Naval
Education and Training; Commander, Naval Air Warfare Center, Weapons
Division; Commander, Marine Corps Air Bases, Eastern Area; Commander,
Marine Corps Air Bases, Western Area; and Commander, Marine Corps Air
Bases, Pacific may approve civil aircraft use of any active aviation
facility under their control. (Aircraft landing authorizations overseas
shall agree with the provisions of applicable international
agreements.)
(c) The Chief of Naval Operations may approve any of the above
requests, and is the only agent empowered to approve all other requests
for use of naval facilities by civil and government aircraft, for
example:
(1) Application for use of more than one facility when the
facilities are not under the control of one major command.
(2) Application for use of naval aviation facilities when
participating in U.S. Government or Department of Defense single-
manager contract and charter airlift operations; i.e., Air Mobility
Command (AMC) or Military Traffic Management and Terminal Service
(MTMTS).
(3) Application for a facility to be used as a regular civil
airfield for a community, by either commercial or general aviation.
(4) Requests for use of a facility by foreign civil or government
aircraft when:
(i) Such use is not covered by an agreement between the U.S.
Government and the government of the aircraft's registry, or
(ii) the facility is located in a country other than that in which
the foreign aircraft is registered.
(5) The Chief of Naval Operations has designated the Commander,
Naval Facilities Engineering Command (COMNAVFACENGCOM) to serve as his
agent for approving or disapproving applications and issuing permits
for landings of civil aircraft at Department of the Navy facilities.
Sec. 766.7 How to request use of naval aviation facilities.
(a) Application Procedures. The prospective user can obtain a copy
of this regulation and the required forms from a U.S. Navy air
installation. The user is responsible for reviewing the regulation and
accurately completing the forms before submitting them to the approving
authority (Sec. 766.6). The types of use normally authorized are
specified in Sec. 766.4 and Sec. 766.15. The verification required for
each type of use must be included with the application. To allow time
for processing, all documents shall be submitted at least 30 days
before the date of the first intended landing. The name of the user
must be the same on all forms. Original handwritten signatures, not
facsimiles, are required on all forms. Prospective civil users of a
U.S. Navy installation must apply for authorization as follows:
(1) Have the insurance company or its authorized agent complete and
sign DD 2400. The user name in item 3 of the DD 2400 must correspond
with the user name in item 1 of DD 2401. All coverage must be stated in
U.S. dollars. See paragraph (b) of this section for required minimum
coverage. The DD 2400 is valid until 1 day before the insurance
expiration date. A DD 2400 with the statement ``until canceled'' in
lieu of a specific expiration date is valid for 3 years from the
effective date. Upon expiration, the DD 2400 must be resubmitted along
with DD 2401 for continued use of U.S. Navy installations. The DD 2400
shall be sent to the approving authority by the user together with the
other required forms.
(2) Prepare, sign, and submit DD 2401 in an original and three
copies.
(i) Provide, in alphabetical order, the name and location of each
U.S. Navy installation requested for use. (The statement ``Any U.S.
Navy Installation Worldwide'' is acceptable for users performing AMC
charters. ``Any U.S. Navy Installation Within the CONUS'' or ``Any U.S.
Naval Installation East (West) of the Mississippi'' is acceptable, if
warranted by official government business, for other users.)
(ii) Provide a brief explanation of the purpose of use, with
verification for each type of use, as specified in Sec. 766.15. When
the purpose for use does not correspond with the categories listed in
Sec. 766.15, it may be considered if sufficient justification is
provided.
(iii) Aircraft registration numbers are required unless the DD 2400
indicates coverage for ``any aircraft of the listed model owned and/or
operated'' in lieu of specific registration numbers (paragraph (b) of
this section). All other aircraft information must be provided.
(iv) The period of use is determined by the insurance expiration
date shown on a completed DD 2400. Except where an earlier date of
expiration is indicated on the permit, the landing permit will expire 1
day before the insurance coverage expiration date shown on DD 2400, or
3 years from the date the permit is issued when the insurance
expiration date either exceeds 3 years or is indefinite (for example,
``until canceled'').
(v) Once the DD 2401 has been approved and distributed, users may
make no further entries or amendments without the consent of the
approving authority.
(vi) Upon expiration, resubmit DD 2401 along with DD 2400 for
continued use of U.S. Navy installations.
(3) Complete, sign, and send original DD 2402 to the approving
authority. When the user is a corporation, the DD 2402 must be
completed and signed by a second corporate officer (other than the
officer executing DD 2402) to certify the signature of the first
officer. Once the completed and signed DD 2402 has been accepted by an
approving authority, and unless rescinded for cause, it is valid until
obsolete, and need not be resubmitted to the same approving authority.
(b) Insurance requirements. Each user who applies for permission to
land at a U.S. Navy installation must present proof of third-party
liability insurance on DD 2400, with the amounts stated in U.S.
dollars. The policy number, effective date, and expiration date are
required. The statement ``until canceled'' may be used in lieu of a
specific expiration date. The geographical area of coverage must
include the area where the U.S. Navy installation of proposed use is
located. If several aircraft or aircraft types are included under the
same policy, a statement such as ``all aircraft owned,'' ``all aircraft
owned and/or operated,'' or ``all aircraft operated,'' may be used in
lieu of aircraft registration numbers. To meet the insurance
requirements, either Split Limit coverage for Bodily Injury, Property
Damage, and Passengers or a Single Limit coverage is required. The
coverage carried will be at the expense of the user with an insurance
company acceptable to the U.S. Navy and must be current during the
period the U.S. Navy installation will be used. The liability required
is computed on the basis of aircraft maximum gross takeoff weight
(MGTOW) and passenger or cargo configuration. Minimum coverage will not
be less than the amount indicated in the instructions provided with DD
2400.
(1) Any insurance presented as a single limit of liability or a
combination of primary and excess coverage will be an amount equal to
or greater than the minimums required for bodily injury, property
damage, and passengers for each accident as indicated in the
instructions provided with DD 2400.
(2) Each user's policy will specifically provide that:
(i) The insurer waives any right of subrogation he or she may have
against the U.S. by reason of any payment made under the policy for
injury, or property damage that might arise out of or in connection
with the insured's use of any U.S. Navy installation.
(ii) The insurance afforded by the policy applies to the liability
assumed by the insured under DD 2402.
(iii) If the insurer or the insured cancels or reduces the amount
of insurance afforded under the listed policy before the expiration
date indicated on DD 2400, the insurer will send written notice of
policy cancellation or coverage reduction to the approving authority at
least 30 days before the effective date of the cancellation or
reduction. The policy must state that any cancellation or reduction
will not be effective until at least 30 days after such notice is sent.
(c) Exceptions to the foregoing requirement are:
(1) Aircraft owned and/or operated by departments or agencies of
the U.S. Government for official business.
(2) Aircraft owned and operated for non-commercial purposes by
agencies of a foreign government, except in cases where the foreign
government charges fees for U.S. Government aircraft.
(3) Aircraft owned and operated by states, possessions, and
territories of the United States and political subdivisions, thereof,
when used for official business of the owner.
(4) Aircraft owned and operated by either Navy/Marine Corps Flying
Clubs or Aero Clubs of other military services which are operated as
instrumentalities of the U.S. Government.
(5) Bailed aircraft, provided the bailment contract specifies that
the U.S. Government is the insurer for liability.
(d) Preparation of Forms.
(1) The license application, DD 2401, will be completed in
quadruplicate by the applicant in accordance with detailed instructions
provided with the form.
(2) The Certificate of Insurance, DD 2400, will be completed by the
insurer in accordance with the detailed instructions provided with the
form. Only the signed original certificate and one copy are required to
be submitted.
(3) The Hold Harmless Agreement, DD 2402, will be completed and
signed by the applicant in accordance with the instructions provided
with the form. Only the signed original will be submitted.
(e) Submission of Forms.
(1) The forms executed by the applicant shall be submitted to the
approving authority at least 30 days prior to the first intended
landing. In those instances when the applicant requires use of a single
Navy air installation, the form shall be submitted directly to the
Commanding Officer of the installation involved. Requests for permits
which shall be valid at more than one Navy air installation shall be
submitted to the Commander, Naval Facilities Engineering Command who
shall process the forms on behalf of the Chief of Naval Operations. In
those instances when there is not sufficient time for the Commander,
Naval Facilities Engineering Command to process a permit application,
the commanding officer of an air installation may issue a one time
permit upon receipt of all required forms properly executed by the
applicant.
(2) Once the DD 2400 is on file with an executing authority, it is
valid until insurance expiration date and may be used by that executing
authority as a basis for action on any subsequent DD 2401s submitted
for approval.
(f) Non-Exclusive Use Airports. When neither the Chief of Naval
Operations nor the Commandant of the U.S. Marine Corps has exclusive
operational control over a landing area, the aircraft operator will
obtain permission to land from the appropriate civil or military
authority.
Sec. 766.8 Processing procedures.
Upon receipt of an application (DD 2400, DD 2401, and DD 2402) for
use of a U.S. Navy installation, the approving authority:
(a) Determines the availability of the installation and its
capability to accommodate the type of use requested.
(b) Determines the validity of the request and ensures all entries
on DD 2400, DD 2401, and DD 2402 are in conformance with this
regulation.
(c) Approves DD 2401 (with conditions or limitations listed) by
completing all items in the approving authority section. Installation
commanders assign a permit number comprised of the last three letters
of the installation's International Civil Aviation Organization code
identifier, the last two digits of the calendar year, a four-digit
number sequentially assigned, and a letter suffix, see Sec. 766.15,
indicating the type of use; such as ADW 90-0001. Approving authorities
listed in paragraphs (b) and (c) of Sec. 766.6 use a three-position
organization abbreviation; such as CNO 90-0002. COMNAVFACENGCOM uses
the abbreviation NFR.
(d) Disapproves the request if:
(1) Use interferes with current operations, security, or safety.
(2) Adequate civil facilities are collocated or available in the
proximity of the requested U.S. Navy installation when use is not
required for official government business. See Sec. 766.4(a)(2).
(3) Use could result in substantial competition with civil airports
or air carriers.
(4) Civil user has not fully complied with this regulation.
(e) Distributes the approved DD 2401 before the first intended
landing, when possible:
(1) Retains original plus one; and
(2) Returns one copy to the user.
(f) Extension of Permits.
(1) Permits can be extended for additional periods of time without
having to reapply when there are no major changes involved. To obtain
an extension, the applicant must provide to the approving authority:
(i) A new Certificate of Insurance (DD 2400).
(ii) A letter requesting an amendment to extend the current permit
to coincide with the expiration date of the new Certificate of
Insurance.
(iii) Both the new Certificate of Insurance and the letter
requesting the amendment must be received together by the approving
authority.
(iv) Amendments to extend permits may be issued up to 3 years after
the expiration date of a license provided there are no major changes
involved.
(v) Requests for extensions must be received by the approval
authority at least 2 calendar weeks prior to the expiration of the
permit or 2 weeks prior to the date of the next intended landing if the
permit has expired previously. Requests for extensions received after
this time may result in the applicant not being able to land at a naval
installation. It is the sole responsibility of the applicant to ensure
a timely submission for extension.
(g) Conversion from Permit Valid at a Single to Multiple
Installations. Permits issued by a commanding officer which are valid
at a single installation may be converted to a permit valid at more
than one installation through the following procedure:
(1) The applicant submits a letter to the approving authority at
the installation where the current permit was issued requesting the
change. Included in the request should be a new DD 2401 which includes
all information required to obtain approval to use the additional
installations. In addition, a new DD 2400 may be required if the
coverage on the existing DD 2400 does not cover the installation(s)
requested for use.
(2) The installation shall transmit the new application together
with the file containing the current original DD 2400 and DD 2402,
together with a copy of the current DD 2401 to COMNAVFACENGCOM.
(3) Upon issuance of the new permit, the Commander, Naval
Facilities Engineering Command will notify the approving authority of
the original permit, that the permit has been superseded and is no
longer valid.
Sec. 766.9 Use of more than one Navy air facility.
Civil Aircraft Landing Permits are valid only at installations
designated on the permit. In the case where more than one Navy
installation is listed on the permit or the permit states ``Any U.S.
Navy Installation Within the CONUS'', ``Any U.S. Navy Installation East
(West) of the Mississippi River'' or ``Any U.S. Navy Installation
Worldwide'', it is the responsibility of the civil user to provide to
the installation commanding officer, a copy of the current permit prior
to landing at the installation. Commanding officers of Navy or Marine
Corps aviation facilities will keep on file copies of current landing
permits submitted to them. If there is any question concerning the
permit, the installation commanding officer will verify with the
approving authority.
Sec. 766.10 Cancellation or suspension of the civil aircraft landing
permit, DD 2401.
(a) Cancellation. (1) If the user fails to comply with the terms of
the Landing Permit DD 2401 or of any applicable regulations, all
current Landing Permits for that user will be canceled. A canceled
Landing Permit cannot be reinstated; a new application must be
submitted for approval as explained in Sec. 766.7.
(2) If the commanding officer of a Navy or Marine Corps aviation
facility has reason to believe that the use of a Landing Permit is not
in accordance with the terms of the permit he should immediately notify
the Chief of Naval Operations, giving the name of the user, the Landing
Permit number, and citing the circumstances of the misuse. All such
instances shall be documented by the commanding officer.
(b) Suspension. The approving authority, or the commanding officer
of the Navy or Marine Corps facility, may suspend an approved Landing
Permit when such licensed use would be inconsistent with Navy/Marine
Corps or national defense interests. Whenever possible, the Department
of the Navy will avoid suspension of permits which have been issued for
official business or scheduled air carrier use. In all cases,
suspensions will be lifted as quickly as possible. A suspension will
not have the effect of extending the expiration date of an approved
Landing Permit.
(c) Notification. Upon cancellation or suspension of a Landing
Permit which is valid at more than one Navy installation, the approving
authority will notify the affected Naval air installations of the
cancellation or suspension.
Sec. 776.11 Fees for landing, parking, and storage.
(a) The commanding officer of a Navy or Marine Corps aviation
facility will collect landing, parking, and storage fees, as
applicable, from all users required to have a Landing Permit by
Sec. 766.7, except for the following:
(1) Government aircraft (see Sec. 766.2) except that foreign
government aircraft will be charged fees if their government charges
similar fees for the U.S. Government aircraft.
(2) Aircraft being produced under a contract of the U.S.
Government.
(3) Any contract aircraft (see paragraph (b)(1) of Sec. 766.2) or
other civil aircraft which is authorized to use the facility on
official business.
(4) Aircraft employed to train operators in the use of precision
approach systems (GCA, ILS, et al) provided full-stop or touch-and-go
landings are not performed.
(5) Aircraft owned and operated by either Navy or Marine Corps
Flying Clubs or Aero Clubs of other military services which are
operated as instrumentalities of the U.S. Government.
(6) Aircraft owned and operated by military personnel on active
duty regular and reserve (see Sec. 766.2).
(7) Landing fees incident to emergency landings for which the
landing fee has been waived by the commanding officer in accordance
with paragraph (i)(4)(iii) of Sec. 766.5.
(b) Fee for Unauthorized Landing. If an aircraft lands at a Navy or
Marine Corps aviation facility without obtaining prior permission
(except for a bona fide emergency landing), a landing fee in excess of
the normal landing fee will be charged to cover the additional expenses
incurred due to special handling and processing. The fee for an
unauthorized landing will be as follows:
(1) For aircraft weighing less than 12,500 pounds: $250.
(2) For aircraft weighing 12,500 pounds, or more, but less than
40,000 pounds: $500.
(3) For aircraft weighing 40,000 pounds, or more, but less than
100,000 pounds: $1,000.
(4) For aircraft weighing above 100,000 pounds: $1,500.
(c) Normal Landing Fee. The normal landing fee is based on the
aircraft maximum authorized gross takeoff weight, to the nearest 1,000
pounds. The maximum gross takeoff weight may be determined either from
items 5e of DD 2401 or from the ``Airplane Flight Manual'' carried
aboard each aircraft. If the weight cannot be determined, it should be
estimated.
Charge per Landing
Inside CONUS--1.50/1,000 pounds or any portion thereof with a
minimum of $20.00.
Outside CONUS--1.70/1,000 pounds or any portion thereof with a
minimum of $25.00.
(d) Parking and Storage Fees. Fixed and rotary wing aircraft
parking and storage fees are based upon the gross takeoff weight of the
aircraft as follows:
(1) Outside a Hangar. Charges begin 6 hours after the aircraft
lands. The rate is 10 cents per thousand pounds for each 24 hour period
or fraction thereof, with a minimum charge of $20.00 per aircraft.
(2) Inside a Hangar. Charges begin as soon as the aircraft is
placed inside the hangar. The rate is 20 cents per 1,000 pounds for
each 24 hour period or fraction thereof, with a minimum charge of
$20.00 per aircraft.
(e) Reimbursement. Collections incident to direct (out of pocket)
costs will be credited to local operating and maintenance funds. All
other collections, such as for landing, parking, and storage fees will
be credited to Navy General Fund Receipt Account 172426. Accumulation
of costs and preparation of billing documents are prescribed in
paragraphs 032500-032503 of the NAVCOMPT Manual.
(f) Security Deposit. All users, other than those listed in
paragraph (a) of Sec. 766.11, contemplating more than one landing per
month, will be required to provide a security deposit in the form of a
certified check payable to the ``Treasurer of the United States'' in
payment of the estimated costs of landing, hangar, and outside parking
fees, for 3 months in advance, calculated as provided in paragraphs
(b), (c) and (d) of Sec. 766.11. Security deposits will be handled as
set forth in paragraph 032102 of the NAVCOMPT Manual.
Sec. 766.12 Unauthorized landings.
Any aircraft that lands at a Navy or Marine Corps aviation facility
without obtaining prior permission from an approving authority, except
in a bona fide emergency, is in violation of this part. Civil aircraft
landing in violation of this regulation will have to pay the fee
prescribed in paragraph 12b of this instruction. In those cases where
an unauthorized landing is made at a facility within a Naval Defense
Area, proclaimed as such by Executive Order of the President, civil
aircraft may be impounded and the operator prosecuted. In any event,
before the aircraft is authorized to depart, the commanding officer of
the facility will:
(a) Inform the aircraft operator of the provisions of this part.
(b) Require the aircraft operator (or owner), before takeoff, to
pay all fees and charges and to comply with the following procedure:
(1) Execute DD 2401, explaining in item 4 of that form the reason
for landing.
(2) In lieu of submitting a Certificate of Insurance, DD 2400, the
insurer must furnish evidence of sufficient insurance to include waiver
of any right of subrogation against the United States and that such
insurance applies to the liability assumed by the insured under DD
2401.
(3) When it appears that the violation may have been deliberate, or
is a repeated violation, departure authorization must be obtained from
the Chief of Naval Operations.
(4) Waiver of the requirements in paragraphs (b) (1) and (2) of
Sec. 766.12 may be obtained from the Chief of Naval Operations to
expedite removal of these aircraft when such waiver is considered
appropriate.
Sec. 766.13 Sale of aviation fuel, oil, services, and supplies.
(a) General Policy. In accordance with 49 U.S.C. 1507, Navy or
Marine Corps aviation fuel, oil, services, and supplies are not sold to
civil aircraft in competition with private enterprise. 49 U.S.C. 1507,
however, does authorize the sales of fuel, oil, equipment, supplies,
mechanical service, and other assistance by reason of an emergency.
Such sales will be made only where there is no commercial source and
only in the amount necessary for the aircraft to continue on its course
to the nearest airport operated by private enterprise.
(b) Contract Aircraft. The sale of aviation fuel, oil, supplies,
etc., to aircraft under U.S. Government contract or charter is
permitted at, and limited to, points where passengers or cargo are
loaded into or discharged from the aircraft under terms of the contract
or charter. Sales are not authorized at naval aviation facilities where
commercial supplies and services are available.
Sec. 766.14 Forms.
Forms DD 2400 (11-90), Civil Certificate of Insurance, DD 2401 (11-
90), Civil Aircraft Landing Permit, and DD 2402 (11-90), Civil Aircraft
Hold Harmless Agreement, may be obtained from COMNAVFACENGCOM (Code
241JB), 200 Stovall Street, Alexandria, VA 22332-2300.
(The reporting and recordkeeping requirements in Sec. 766.14
were approved by the Office of Management and Budget under control
number 0701-0050 which expire February 28, 1997)
Sec. 766.15 Processing procedures for civil aircraft landing permits.
(a) Processing Permit Applications. Processing permit applications
requires forms DD 2400, DD 2401, and DD 2402 Renewal applications
require DD 2400 and DD 2401.
(b) Processing Procedures. (1) If use is requested for contractor
or subcontractor personnel (see Sec. 766.4(b)(1)) and is verified by
contract number; brief description of work; name, address, and
telephone number of government contracting officer, then the approval
authority is the Chief of Naval Operations or the Installation
Commander, as appropriate.
(2) If use is requested for demonstration flights (see
Sec. 766.4(b)(2)) and is verified by name, address, and telephone
number of government sponsor; or if contractual requirements under
paragraph (b)(1) of this section apply, then the approval authority is
the Chief of Naval Operations or the Installation Commander, as
appropriate.
(3) If use is requested for active duty U.S. military (see
Sec. 766.4 (b)(3)) and is verified by social security number, then the
approval authority is the Chief of Naval Operations or the Installation
Commander, as appropriate.
(4) If use is requested for reserve forces (see Sec. 766.4 (b)(4))
and is verified by the commander's endorsement and TDY orders on board
the aircraft, if assigned unit is not located on airfield, then the
approval authority is the Chief of Naval Operations or the Installation
Commander, as appropriate.
(5) If use is requested for civilian employees of the U.S.
Government (see Sec. 766.4(b)(5)) and is verified by TDY orders, which
may only be available to approving authority upon arrival at the
installation, then the approval authority is the Chief of Naval
Operations or the Installation Commander, as appropriate. Annotate on
DD 2401 that TDY orders must be on board the aircraft.
(6) If use is requested for special conveyance (see
Sec. 766.4(b)(6)) and is verified by a copy of official orders on board
the aircraft, then the approval authority is the Chief of Naval
Operations or the Installation Commander, as appropriate. Annotate on
DD 2401 that TDY orders must be on board the aircraft.
(7) If use is requested for air shows (see Sec. 766.4 (b)(7)) and
is verified by invitation from the base commanding officer to
participate in air show, then the approval authority is the Chief of
Naval Operations or the Installation Commander, as appropriate.
(8) If use is requested for civil air patrol (see Sec. 766.4
(b)(8)) and is verified by endorsement by HQ CAP-USAF/DO, then the
approval authority is the Chief of Naval Operations or the Installation
Commander, as appropriate.
(9) If use is requested for aero club member (see Sec. 766.4
(b)(9)) and is verified by endorsement by the aero club manager, then
the approval authority is the Chief of Naval Operations or the
Installation Commander, as appropriate.
(10) If use is requested for weather alternate airport (see
Sec. 766.4 (b)(10)) and is verified by scheduled air carrier status,
then the approval authority is the Chief of Naval Operations or the
Installation Commander as appropriate. Landing fees must be charged.
Airfield must be designated for weather alternate use by CNO. An
approved DD 2401 must include the following statement: ``Weather
alternate use permits the diversion to and use of a U.S. Navy airfield
only when unforecast weather conditions require a diversion while in
flight from the original destination. Aircraft may not be dispatched
from the point of departure to a U.S. Navy airfield approved for
weather alternate use.''
(11) If use is requested for AMC contract or charter (see
Sec. 766.4 (b)(11)) and is verified by AMC Form 8; Certificate of
LOGAIR; Certificate of QUICKTRANS; Certificate of Courier Service, or
Certificate of Intra-Alaska Operations on board the aircraft, then the
approval authority is the Chief of Naval Operations.
(12) If use is requested for U.S. Government contract or charter
operator (see Sec. 766.4 (b)(12)) and is verified by the name of
government agency sponsoring flight and official government
documentation on board the aircraft to substantiate the flight is
chartered by U.S. Government, then the approval authority is the Chief
of Naval Operations or the Installation Commander, as appropriate. An
approved DD 2401 must include the following statement: ``A certificate
of operations, U.S. Government bill of lading, cargo manifest,
transportation request, or other official government document must be
on board the aircraft and will be presented with the DD 2401 to
substantiate that use is for a U.S. Government agency. Loading enroute
or terminal stops at Navy airfields will be only for onloading or
offloading U.S. Government passengers or cargo unless the contract or
charter agreement expressly permits landing for another purpose.''
(13) If use is requested for contractor or subcontractor charter
operator (see Sec. 766.4 (b)(13)) and is verified by written validation
by contractor or sub-contractor that the charter is operating on their
behalf, plus information in paragraph (b)(1) of this section, then the
approval authority is the Chief of Naval Operations or the Installation
Commander, as appropriate.
(14) If use is requested for DOD charter (see Sec. 766.4 (b)(14))
and is verified by approval by Military Traffic Management Command
(MTMC) and official government documentation on board the aircraft to
substantiate the flight is chartered by U.S. Government, then the
approval authority is the Chief of Naval Operations or the Installation
Commander, as appropriate. An approved DD 2401 must include the
following statement: ``A certificate of operations, U.S. Government
bill of lading, cargo manifest, transportation request, or other
official government document must be on board the aircraft and will be
presented with the DD 2401 to substantiate that use is for a U.S.
Government agency. Loading enroute or terminal stops at Navy airfields
will be only for onloading or offloading U.S. Government passengers or
cargo unless the contract or charter agreement expressly permits
landing for another purpose.''
(15) If use is requested for the media (see Sec. 766.4 (b)(15)) and
is verified by concurrence of the installation commander, public
affairs, and base operations, then the approval authority is the Chief
of Naval Operations.
(16) If use is requested for certification testing (see Sec. 766.4
(b)(16)(i)) and is verified, then the approval authority is the Chief
of Naval Operations.
(17) If use is requested for commercial development testing (see
Sec. 766.4 (b)(16)(ii)) and is verified by compliance with Air Force
Regulation 80-19, then the approval authority is the Chief of Naval
Operations. Air Force Regulations are available at the Pentagon l
library.
(18) If use is requested for commercial charter (see Sec. 766.4
(b)(16)(iii)) and is verified, then the approval authority is the Chief
of Naval Operations.
(19) If use is requested for commercial aircrew training (see
Sec. 766.4 (b)(16)(iv)) and is verified by a memorandum of
understanding with sponsor for use of the specific airfield, then the
approval authority is the Chief of Naval Operations.
(20) If use is for private, non-revenue producing flights (see
Sec. 766.4 (b)(16)(v)) and is verified, then the approval authority is
the Chief of Naval Operations.
(21) If use is for temporary scheduled air service (see Sec. 766.4
(b)(16)(vi)) and is verified by a written request by local government
officials or airport authority (normally limited to use when local
airport is temporary unavailable) then the approval authority is the
Chief of Naval Operations.
(22) If use is for foreign government charter (see Sec. 766.4
(b)(16)(vii)) and is verified, then the approval authority is the Chief
of Naval Operations.
(23) If use is for foreign military sales (FMS) charter (see
Sec. 766.4 (b)(16)(viii)) and verified by FMS case number with cargo
categorized as classified, hazardous, or oversized, then the approval
authority is the Chief of Naval Operations.
(24) If use is for a certified flight record attempts (see
Sec. 766.4 (b)(16)(ix)) and verified by certification by the National
Aeronautics Association, then the approval authority is the Chief of
Naval Operations.
(25) If use is for a political candidate (see Sec. 766.4
(b)(16)(x)) and verified by a Secret Service request for a post-
convention, then the approval authority is the Chief of Naval
Operations.
(26) If use is for an appointed or elected official (see Sec. 766.4
(b)(16)(xi)) and verified as official government business, then the
approval authority is the Chief of Naval Operations.
(27) For those permit applications where the approval authority is
the Installation Commander, the permit is valid only at the
installation which issued the permit. At those stations on which a
joint-use civilian airport is operated, the Installation commanding
officer can issue a permit for any requested use if the aircraft is
landing under the auspices of the civil airport authority.
Dated: November 22, 1994.
L. R. McNees,
LCDR,JAGC,USN, Federal Register Liaison Officer.
[FR Doc. 94-29302 Filed 11-30-94; 8:45 am]
BILLING CODE 3810-FF-P
