Use of Department of the Navy Aviation Facilities by Other Than United States Department of Defense Aircraft

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