[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