[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Proposed Rules]
[Pages 15086-15101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6888]
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DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 855
RIN 0701-AA42
Civil Aircraft Use of United States Air Force Airfields
AGENCY: Department of the Air Force, DOD.
ACTION: Proposed rule.
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SUMMARY: The Department of the Air Force is proposing to revise its
regulations on civil aircraft use of United States Air Force airfields
to reflect current policies and statutes. This revision establishes
responsibilities and prescribes procedures for requesting and granting
civil aircraft access to Air Force airfields. The public is invited to
participate in this rulemaking by submitting comments to the point of
contact listed under ADDRESSES. On September 24, 1993, the Air Force
published, at 58 FR 49951, what is now subpart A of this proposed rule
for comment. That proposed rule is hereby canceled and comments will be
accepted on the version contained in this proposed rule in place of
that previous version.
DATES: Comments must be received no later than May 22, 1995.
ADDRESSES: Comments should be submitted to HQ USAF/XOOBC, Attn: Mrs.
R.A. Young, 1480 Air Force Pentagon, Room 5C966, Washington DC 20330-
1480.
FOR FURTHER INFORMATION CONTACT: Mrs. R.A. Young, 703 697-5967.
SUPPLEMENTARY INFORMATION: The Department of the Air Force has
determined that this proposed rule is not a major rule because it will
not have an annual adverse effect on the economy of $100 million or
more. The Assistant Secretary of the Air Force (Manpower, Reserve
Affairs, Installations & Environment) has certified that this rule is
exempt from the requirements of the Regulatory Flexibility Act, 5
U.S.C. 601-612 because this rule does not have a significant economic
impact on small entities as defined by the Act, and does not impose any
obligatory information requirements beyond internal Air Force use. This
proposed rule revises and replaces Air Force Regulation (AFR) 55-20,
Use of United States Air Force Installations By Other Than United
States Department of Defense Aircraft, 10 April 1987.
List of Subjects in 32 CFR Part 855
Aircraft, Federal buildings and facilities.
Therefore, 32 CFR part 855 is proposed to be revised to read as
follows:
PART 855--CIVIL AIRCRAFT USE OF UNITED STATES AIR FORCE AIRFIELDS
Subpart A--General Provisions
Sec.
855.1 Policy.
855.2 Responsibilities.
855.3 Applicability.
Subpart B--Civil Aircraft Landing Permits
855.4 Scope.
855.5 Responsibilities and authorities.
855.6 Aircraft exempt from the requirement for a civil aircraft
landing permit.
855.7 Conditions for use of Air Force airfields.
855.8 Application procedures.
855.9 Permit renewal.
855.10 Purpose of use.
855.11 Insurance requirements.
855.12 Processing a permit application.
855.13 Civil fly-ins.
855.14 Unauthorized landings.
855.15 Detaining an aircraft.
855.16 Landing, parking, and storage fees.
855.17 Aviation fuel and oil purchases.
855.18 Supply and service charges.
Subpart C--Agreements for Civil Aircraft Use of Air Force Airfields
855.19 Joint-use Agreements.
855.20 Procedures for sponsor.
855.21 Air Force procedures.
855.22 Other agreements.
Table 1--Purpose of Use/Verification/Approval Authority/Fees
Table 2--Aircraft Liability Coverage Requirements
Table 3--Landing Fees
Table 4--Parking and Storage Fees
Attachment 1 to Part 855--Definitions
Attachment 2 to Part 855--Weather Alternate List
Attachment 3 to Part 855--Landing Permit Application Instructions
Attachment 4 to Part 855--Sample Joint-Use Agreement
Attachment 5 to Part 855--Sample Temporary Agreement.
Authority: 49 U.S.C. 44502 and 47103.
Subpart A--General Provisions
Sec. 855.1 Policy.
The Air Force establishes and uses its airfields to support the
scope and level of operations necessary to carry out missions
worldwide. The Congress funds airfields in response to Air Force
requirements, but also specifies that civil aviation access is a
national priority to be accommodated when it does not jeopardize an
installation's military utility. The Air Force engages in dialogue with
the civil aviation [[Page 15087]] community and the Federal Aviation
Administration to ensure mutual understanding of long-term needs for
the national air transportation system and programmed military force
structure requirements. To implement the national policy and to respond
to requests for access, the Air Force must have policies that balance
such requests with military needs. Civil aircraft access to Air Force
airfields on foreign territory requires host nation approval.
(a) The Air Force will manage two programs that are generally used
to grant civil aircraft access to its airfields: civil aircraft landing
permits and joint-use agreements. Other arrangements for access will be
negotiated as required for specific purposes.
(1) Normally, landing permits will be issued only for civil
aircraft operating in support of official Government business. Other
types of use may be authorized if justified by exceptional
circumstances.
(2) The Air Force will consider only proposals for joint use that
do not compromise operations, security, readiness, safety, environment,
and quality of life. Further, only proposals submitted by authorized
local Government representatives eligible to sponsor a public airport
will be given the comprehensive evaluation required to conclude a
joint-use agreement.
(3) Any aircraft operator with an inflight emergency may land at
any Air Force airfield without prior authorization. An inflight
emergency is defined as a situation that makes continued flight
hazardous.
(b) Air Force requirements will take precedence on Air Force
airfields over all civil aircraft operations, whether they were
previously authorized or not.
(c) Civil aircraft use of Air Force airfields in the United States
will be subject to Federal laws and regulations. Civil aircraft use of
Air Force airfields in foreign countries will be subject to U.S.
Federal laws and regulations that have extraterritorial effect and to
applicable international agreements with the country in which the Air
Force installation is located.
Sec. 855.2 Responsibilities.
(a) As the program manager for joint use, the Civil Aviation
Branch, Bases and Units Division, Directorate of Operations (HQ USAF/
XOOBC), ensures that all impacts have been considered and addressed
before forwarding a joint-use proposal or agreement to the Deputy
Assistant Secretary for Installations (SAF/MII), who holds decision
authority. All decisions are subject to the environmental impact
analysis process as directed by the Environmental Planning Division of
the Directorate of Environmental Quality (HQ USAF/CEVP) and the Deputy
Assistant Secretary for Environment, Safety, and Occupational Health
(SAF/MIQ). The Air Force Real Estate Agency (AFREA/MI) handles the
leases for Air Force-owned land or facilities that may be included in
an agreement for joint use.
(b) HQ USAF/XOOBC determines the level of decision authority for
landing permits. It delegates decision authority for certain types of
use to major commands and installation commanders.
(c) HQ USAF/XOOBC makes the decisions on all requests for
exceptions or waivers to this part and related Air Force instructions.
The decision process includes consultation with other affected
functional area managers when required. Potential impacts on current
and future Air Force policies and operations strongly influence such
decisions.
(d) Major commands, direct reporting units, and field operating
agencies may issue supplements to establish command-unique procedures
permitted by and consistent with this part.
Sec. 855.3 Applicability.
This part applies to all regular United States Air Force (USAF),
Air National Guard (ANG), and United States Air Force Reserve (USAFR)
installations with airfields. This part also applies to civil aircraft
use of Air Force ramps at civil airports hosting USAF, ANG, and USAFR
units.
Subpart B--Civil Aircraft Landing Permits
Sec. 855.4 Scope.
Air Force airfields are available for use by civil aircraft so far
as such use does not interfere with military operations or jeopardize
the military utility of the installation. Air Force requirements take
precedence over authorized civil aircraft use. This part carries the
force of U.S. law, and exceptions are not authorized without prior
approval from the Civil Aviation Branch, Bases and Units Division,
Directorate of Operations, (HQ USAF/XOOBC), 1480 Air Force Pentagon,
Washington DC 20330-1480. Proposed exceptions or waivers are evaluated
as to current and future impact on Air Force policy and operations.
Sec. 855.5 Responsibilities and authorities.
(a) The Air Force:
(1) Determines whether civil aircraft use of Air Force airfields is
compatible with current and planned military activities.
(2) Normally authorizes civil aircraft use of Air Force airfields
only in support of official government business. If exceptional
circumstances warrant, use for other purposes may be authorized.
(3) Acts as clearing authority for civil aircraft use of Air Force
airfields, subject to the laws and regulations of the U.S., or to
applicable international agreements with the country in which the Air
Force installation is located.
(4) Reserves the right to suspend any operation that is
inconsistent with
national defense interests or deemed not in the best interests of
the Air Force.
(5) Will terminate authority to use an Air Force airfield if the:
(i) User's liability insurance is canceled.
(ii) User lands for other than the approved purpose of use or is
otherwise in violation of this part or clearances and directives
hereunder.
(6) Will not authorize use of Air Force airfields:
(i) In competition with civil airports by providing services or
facilities that are already available in the private sector.
Note: Use to conduct business with or for the US Government is
not considered as competition with civil airports.
(ii) Solely for the convenience of passengers or aircraft operator.
(iii) Solely for transient aircraft servicing.
(iv) By civil aircraft that do not meet US Department of
Transportation operating and airworthiness standards.
(v) That selectively promotes, benefits, or favors a specific
commercial venture unless equitable consideration is available to all
potential users in like circumstances.
(vi) For unsolicited proposals in procuring government business or
contracts.
(vii) Solely for customs-handling purposes.
(viii) When the air traffic control tower and base operations are
closed or when a runway is restricted from use by all aircraft.
Note: Requests for waiver of this provision must address
liability responsibility, emergency response, and security.
(7) Will not authorize civil aircraft use of Air Force ramps
located on civil airfields.
Note: This section does not apply to use of aero club facilities
located on Air Force land at civil airports, or civil aircraft
chartered by US military departments and authorized use of terminal
facilities and ground handling services on the Air Force ramp. Only
the DD Form 2400, Civil Aircraft Certificate of Insurance, and DD
Form 2402, Civil Aircraft [[Page 15088]] Hold Harmless Agreement,
are required for use of Air Force ramps.
(b) Civil aircraft operators must:
(1) Have an approved DD Form 2401, Civil Aircraft Landing Permit,
before operating at Air Force airfields, except for emergency use and
as indicated in paragraphs (d)(2) and (d)(2) (iii)(E) of this section,
and Sec. 855.6, and Sec. 855.13(b)(1)(ii).
(2) Ensure that pavement load-bearing capacity will support the
aircraft to be operated at the Air Force airfield.
(3) Have aircraft equipped with operating two-way radio equipment
to obtain landing clearance from the air traffic control tower.
(4) Obtain final approval for landing from the installation
commander or a designated representative (normally base operations) at
least 24 hours prior to arrival.
(5) Not assume that the landing clearance granted by an air traffic
control tower facility is a substitute for either the approved civil
aircraft landing permit or approval from the installation commander or
a designated representative (normally base operations).
(6) Obtain required diplomatic or overflight clearance before
operating in foreign airspace.
(7) Pay applicable costs and fees.
(8) File a flight plan before departing the Air Force airfield.
(c) The installation commander or a designated representative:
(1) Exercises administrative and security control over both the
aircraft and passengers while on the installation.
(2) May require civil users to delay, reschedule, or reroute
aircraft arrivals or departures to preclude interference with military
activities.
(3) Cooperates with customs, immigration, health, and other public
authorities in connection with civil aircraft arrival and departure.
(d) Decision Authority: The authority to grant civil aircraft use
of Air Force airfields is vested in:
(1) Directorate of Operations, Bases and Units Division, Civil
Aviation Branch (HQ USAF/XOOBC). HQ USAF/XOOBC may act on any request
for civil aircraft use of an Air Force airfield. Decision authority for
the following will not be delegated below HQ USAF:
(i) Use of multiple Air Force airfields except as designated in
paragraph (d)(2) of this section.
(ii) Those designated as 2 under Approval Authority in Table 1.
(iii) Any unusual or unique purpose of use not specifically
addressed in this part.
(2) Major Command, Field Operating Agency, Direct Reporting Unit,
or Installation Commander. With the exception of those uses
specifically delegated to another decision authority, major commands
(MAJCOMs), field operating agencies (FOAs), direct reporting units
(DRUs) and installation commanders or designated representatives have
the authority to approve or disapprove civil aircraft landing permit
applications (DD Forms 2400, Civil Aircraft Certificate of Insurance;
2401; Civil Aircraft Landing Permit, and 2402, Civil Aircraft Hold
Harmless Agreement) at airfields for which they hold oversight
responsibilities. Additionally, for expeditious handling of short
notice requests, they may grant requests for one-time, official
government business flights that are in the best interest of the US
Government and do not violate other provisions of this part. As a
minimum, for one-time flights authorized under this section, the
aircraft owner or operator must provide the decision authority with
insurance verification and a completed DD Form 2402 before the aircraft
operates into the Air Force airfield. Air Force authority to approve
civil aircraft use of Air Force airfields on foreign soil may be
limited. Commanders outside the US must be familiar with base rights
agreements or other international agreements that may render
inapplicable, in part or in whole, provisions of this part. Decision
authority is delegated for specific purposes of use and/or locations as
follows:
(i) Commander, 611th Air Operations Group (AOG). The Commander,
611th AOG or a designated representative may approve commercial
charters, on a case-by-case basis, at all Air Force airfields in
Alaska, except Eielson and Elmendorf AFBs, if the purpose of the
charter is to transport goods and/or materials, such as an electric
generator or construction materials for a community center, for the
benefit of remote communities that do not have adequate civil airports.
(ii) Commander, Air Mobility Command (AMC). The Commander, AMC or a
designated representative may approve permits that grant landing rights
at Air Force airfields worldwide in support of AMC contracts.
(iii) US Defense Attache Office (USDAO). The USDAO, acting on
behalf of HQ USAF/XOOBC, may grant a request for one-time landing
rights at an Air Force airfield provided:
(A) The request is for official government business of either the
US or the country to which the USDAO is accredited.
(B) The Air Force airfield is located within the country to which
the USDAO is accredited.
(C) Approval will not violate any agreement with the host country.
(D) The installation commander concurs.
(E) The USDAO has a properly completed DD Form 2402 on file and has
verified that the insurance coverage meets the requirements of Table 2,
before the aircraft operates into the Air Force airfield.
Sec. 855.6 Aircraft exempt from the requirement for a civil aircraft
landing permit.
(a) Any aircraft owned by:
(1) Any other US Government agency.
(2) US Air Force aero clubs established as prescribed in AFI 34-
117, Air Force Aero Club Program, and AFMAN 3-132, Air Force Aero Club
Operations1.
\1\Copies of the publications are available, at cost, from the
National Technical Information Service, U.S. Department of Commerce,
5285 Port Royal Road, Springfield, VA 22161.
Note: This includes aircraft owned by individuals but leased by
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an Air Force aero club.
(3) Aero clubs of other US military services.
Note: This includes aircraft owned by individuals but leased by
Army or Navy aero clubs.
(4) A US state, county, municipality, or other political
subdivision, when operating to support official business at any level
of government.
(b) Any civil aircraft under:
(1) Lease or contractual agreement for exclusive US Government use
on a long-term basis and operated on official business by or for a US
Government agency; for example, the Federal Aviation Administration
(FAA), Department of the Interior, or Department of Energy.
Note: The government must hold liability responsibility for all
damages or injury associated with operation of the aircraft.
(2) Lease or contractual agreement to the Air Force for Air Force
Civil Air Patrol (CAP) liaison purposes and operated by an Air Force
CAP liaison officer on official Air Force business.
(3) CAP control for a specific mission directed by the Air Force.
(4) Coast Guard control for a specific mission directed by the
Coast Guard.
Note: For identification purposes, the aircraft will be marked
with a sticker near the port side door identifying it as a Coast
Guard Auxiliary aircraft. The pilot will always be in uniform and
normally have a copy of a Coast Guard Auxiliary Patrol Order. If the
aircraft [[Page 15089]] is operating under ``verbal orders of the
commander,'' the pilot can provide the telephone number of the
cognizant Coast Guard commander.
(5) Contractual agreement to any US, state, or local government
agency in support of operations involving safety of life or property as
a result of a disaster.
(6) Government furnished property or bailment contract for use by a
contractor, provided the federal, state, or local government has
retained liability responsibilities.
(7) Civil aircraft transporting critically ill or injured
individuals or transplant organs to or from an Air Force installation.
(8) Historic aircraft being delivered for Air Force museum exhibits
under the provisions of AFI 84-103, Museum System.2
\2\See footnote 1 to Sec. 855.6.
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Sec. 855.7 Conditions for use of Air Force airfields.
The Air Force authorizes use of its airfields for a specific
purpose by a named individual or company. The authorization cannot be
transferred to a second or third party and does not extend to use for
other purposes. An approved landing permit does not obligate the Air
Force to provide supplies, equipment, or facilities other than the
landing, taxiing, and parking areas. The aircraft crew and passengers
are only authorized activities at the installation directly related to
the purpose for which use is granted. All users are expected to submit
their application (DD Forms 2400, 2401, and 2402) at least 30 days
before intended use and, except for use as a weather alternate, CRAF
alternate, or emergency landing site, must contact the appropriate
installation commander or a designated representative for final landing
approval at least 24 hours before arrival. Failure to comply with
either time limit may result in denied landing rights.
Sec. 855.8 Application procedures.
To allow time for processing, the application (DD Forms 2400, 2401,
and 2402) and a self-addressed, stamped envelope should be submitted at
least 30 days before the date of the first intended landing. The
verification required for each purpose of use must be included with the
application. The name of the user must be the same on all forms.
Original, hand scribed signatures, not facsimile elements, are required
on all forms. Landing Permit Application Instructions are at Attachment
3. The user is responsible for reviewing this part and accurately
completing the forms before submitting them to the approving authority.
Sec. 855.9 Permit renewal.
When a landing permit expires, DD Forms 2400 and 2401 must be
resubmitted for continued use of Air Force airfields.
Note: Corporations must resubmit the DD Form 2402 every five
years.
Sec. 855.10 Purpose of use.
The purposes of use normally associated with civil aircraft
operations at Air Force airfields are listed in Table 1. Requests for
use for purposes other than those listed will be considered and may be
approved if warranted by unique circumstances. A separate DD Form 2401
is required for each purpose of use. (Users can have multiple DD Forms
2401 that are covered by a single DD Form 2400 and DD Form 2402.)
Sec. 855.11 Insurance requirements.
Applicants must provide proof of third-party liability insurance on
a DD Form 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 geographic coverage must include the area where the Air Force
airfield 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,'' ``all non-
owned aircraft,'' 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 (individuals outside the
aircraft), property damage, and passengers, or a single limit coverage
is required. The coverage will be at the expense of the user with an
insurance company acceptable to the Air Force. Coverage must be current
during the period the Air Force airfield 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 Table 2.
(a) 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 each accident minimums indicated in Table 2 for
bodily injury (individuals outside the aircraft), property damage, and
passengers.
(b) The policy will specifically provide that:
(1) The insurer waives any right of subrogation it may have against
the U.S. by reason of any payment made under the policy for injury,
death, or property damage that might arise, out of or in connection
with the insured's use of any Air Force airfield.
(2) The insurance afforded by the policy applies to the liability
assumed by the insured under DD Form 2402.
(3) 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 Form 2400, the insurer will send written notice of
policy cancellation or coverage reduction to the Air Force 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.
Sec. 855.12 Processing a permit application.
Upon receipt of an application (DD Forms 2400, 2401, and 2402) for
use of an Air Force airfield, the decision authority:
(a) Determines the availability of the airfield and its capability
to accommodate the purpose of use requested.
(b) Determines the validity of the request and ensures all entries
on DD Forms 2400, 2401, and 2402 are in conformance with this part.
(c) Approves DD Form 2401 (with conditions or limitations noted) by
completing all items in Section II--For Use by Approving Authority as
follows:
(1) Period of Use (Block 7): The ``From'' date will be either the
first day of approved use or the first day of insurance coverage. The
``From'' date cannot precede the first day of insurance coverage shown
on the DD Form 2400. The ``Thru'' date is determined by the insurance
expiration date and/or the purpose of use. For example, the period of
use for participants in an Air Force open house will be determined by
both insurance coverage and open house dates. The permit would be
issued only for the duration of the open house but must not precede or
exceed the dates of insurance coverage. Many insurance policies
terminate at noon on the expiration date. Therefore, if the insurance
expiration is used to determine the permit expiration date, the landing
permit will expire one day before the insurance expiration date shown
on the DD Form 2400. If the insurance expiration date either exceeds 2
years or is indefinite (for example, ``until canceled''), the landing
permit will [[Page 15090]] expire 2 years from the issue date or first
day of coverage.
(2) Frequency of Use (Block 8) is normally ``as required'' but may
be more specific, such as ``one time.''
(3) Identification Number (Block 9): Installation commanders or a
designated representative assign a permit number comprised of the last
three letters of the installation's International Civil Aviation
Organization identifier code, the last two digits of the calendar year,
a number sequentially assigned, and the letter suffix that indicates
the purpose of use (Table 1); for example, ADW 95-01C. MAJCOMs, FOAs,
DRUs, and USDAOs use a three-position organization abbreviation, such
as AMC 95-02K.
(4) DD Form 2400 (Dated and Filed) (Block 11a): This block should
contain the date from Block 1 (Date Issued) on the DD Form 2400 and the
identification of the unit or base where the form was approved; i.e.,
30 March 1995, HQ USAF/XOOBC.
(5) DD Form 2402 (Dated and Filed) (Block 11b): This block should
contain the date from Block 4 (Date Signed) on the DD Form 2402 and the
identification of the unit or base where the form was approved; i.e.,
30 March 1995, HQ USAF/XOOBC.
(6) SA-ALC/SFR, 1014 Andrews Road, Building 1621, Kelly AFB TX
78241-5603 publishes the list of companies authorized to purchase Air
Force fuel on credit. Block 12 should be marked ``yes'' only if the
permit holder's name appears on the SA-ALC list.
(7) Landing Fees, Block 13, should be marked as indicated in Table
1.
(8) Permit Amendments: New entries or revisions to an approved DD
Form 2401 may be made only by or with the consent of the approving
authority.
(d) Provides the applicant with written disapproval if:
(1) Use will interfere with operations, security, or safety.
(2) Adequate civil facilities are collocated.
(3) Purpose of use is not official government business and adequate
civil facilities are available in the proximity of the requested Air
Force airfield.
(4) Use will constitute competition with civil airports or air
carriers.
(5) Applicant has not fully complied with this part.
(e) Distributes the approved DD Form 2401 before the first intended
landing, when possible, as follows:
(1) Retains original.
(2) Returns two copies to the user.
(3) Provides a copy to HQ USAF/XOOBC. NOTE: HQ USAF/XOOBC will
provide a computer report of current landing permits to the MAJCOMs,
FOAs, DRUs, and installations.
Sec. 855.13 Civil fly-ins.
(a) Civil aircraft operators may be invited to a specified Air
Force airfield for:
(1) A base open house to perform or provide a static display.
(2) A flying safety seminar.
(b) Civil fly-in procedures:
(1) The installation commander or a designated representative:
(i) Requests approval from the MAJCOM, FOA, or DRU with an
information copy to HQ USAF/XOOBC/XOOO and SAF/PAC.
(ii) Ensures that DD Form 2402 is completed by each user.
Note: DD Forms 2400 and 2401 are not required for fly-in
participants if flying activity consists of a single landing and
takeoff with no spectators other than flightline or other personnel
required to support the aircraft operations.
(2) The MAJCOM, FOA, or DRU ensures HQ USAF/XOOBC/XOOO and SAF/PAC
are advised of the approval or disapproval for the fly-in.
(3) Aerial performance by civil aircraft requires MAJCOM or FOA
approval and an approved landing permit as specified in AFI 35-201,
Community Relations.3 Regardless of the aircraft's historic
military significance, DD Forms 2400, 2401, and 2402 must be submitted
and approved before the performance. The permit can be approved at
MAJCOM, FOA, DRU, or installation level. Use will be authorized only
for the period of the event. Fly-in procedures do not apply to aircraft
transporting passengers (revenue or non-revenue) or demonstration
flights associated with marketing a product.
\3\See footnote 1 to Sec. 855.6.
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Sec. 855.14 Unauthorized landings.
(a) Unauthorized landing procedures. The installation commander or
a designated representative will identify an unauthorized landing as
either an emergency landing, an inadvertent landing, or an intentional
landing. An unauthorized landing may be designated as inadvertent or
intentional whether or not the operator has knowledge of the provisions
of this part, and whether or not the operator filed a flight plan
identifying the installation as a destination. Aircraft must depart the
installation as soon as practical. On all unauthorized landings, the
installation commander or a designated representative:
(1) Informs the operator of Subpart B procedures and the
requirement for notifying the Federal Aviation Administration (FAA) as
specified in Section 6 of the FAA Airman's Information Manual.
(2) Notifies the Federal Aviation Flight Standards District Office
(FSDO) by telephone or telefax, followed by written notification using
FAA Form 8020-9, 8020-11, or 8020-17, as appropriate. A copy of the
written notification must be provided to HQ USAF/XOOBC.
(3) Ensures the operator completes a DD Form 2402, and collects
applicable charges. (In some instances, it may be necessary to arrange
to bill the user for the appropriate charges.) DD Form 2402 need not be
completed for commercial carriers if it is known that the form is
already on file at HQ USAF/XOOBC.
(4) In a foreign country, notifies the local US Defense Attache
Office (USDAO) by telephone or telefax and, where applicable, the
appropriate USDAO in the country of aircraft registry, followed by
written notification with an information copy to HQ USAF/XOOBC and the
civil aviation authority of the country or countries concerned.
(b) Emergency landings. Any aircraft operator who experiences an
inflight emergency may land at any Air Force airfield without prior
authorization (approved DD Form 2401 and 24 hours prior notice). An
inflight emergency is defined as a situation that makes continued
flight hazardous.
(1) The Air Force will use any method or means to clear an aircraft
or wreckage from the runway to preclude interference with essential
military operations after coordinating with the FSDO and National
Transportation Safety Board. Removal efforts will minimize damage to
the aircraft or wreckage; however, military or other operational
factors may be overriding.
(2) An operator making an emergency landing:
(i) Is not charged a landing fee.
(ii) Pays all costs for labor, material, parts, use of equipment
and tools, and so forth, to include, but not limited to:
(A) Spreading foam on the runway.
(B) Damage to runway, lighting, and navigation aids.
(C) Rescue, crash, and fire control services.
(D) Movement and storage of aircraft.
(E) Performance of minor maintenance.
(F) Fuel or oil (AFM 67-1, vol 1, part three, chapter 1, Air Force
Stock Fund and DPSC Assigned Item Procedures).4
\4\See footnote 1 to Sec. 855.6.
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(c) Inadvertent unauthorized landings. (1) The installation
commander or a designated representative may determine a landing to be
inadvertent if the aircraft operator:
(i) Landed due to flight disorientation.
(ii) Mistook the Air Force airfield for a civil airport.
[[Page 15091]]
(2) Normal landing fees must be charged and an unauthorized landing
fee may be assessed to compensate the government for the added time,
effort, and risk involved in the inadvertent landing. Only the
unauthorized landing fee may be waived by the installation commander or
a designated representative if, after interviewing the pilot-in-command
and appropriate government personnel, it is determined that flying
safety was not significantly impaired. The pilot-in-command may appeal
the imposition of an unauthorized landing fee for an inadvertent
landing to the MAJCOM, FOA, or DRU whose decision will be final. A
subsequent inadvertent landing will be processed as an intentional
unauthorized landing.
(d) Intentional unauthorized landings. (1) The installation
commander may categorize an unauthorized landing as intentional when
there is unequivocal evidence that the pilot deliberately:
(i) Landed without an approved DD Form 2401 on board the aircraft.
(ii) Landed for a purpose not approved on the DD Form 2401.
(iii) Operated an aircraft not of a model or registration number on
the approved DD Form 2401.
(iv) Did not request or obtain the required final approval from the
installation commander or a designated representative at least 24 hours
before aircraft arrival.
(v) Did not obtain landing clearance from the air traffic control
tower.
(vi) Landed with an expired DD Form 2401.
(vii) Obtained landing authorization through fraudulent methods, or
(viii) Landed after having been denied a request to land from any
Air Force authority, including the control tower.
(2) Normal landing fees and an unauthorized landing fee must be
charged. Intentional unauthorized landings increase reporting,
processing, and staffing costs; therefore, the unauthorized landing fee
for paragraph (d)(1)(i) through (d)(1)(vi) of this section will be
increased by 100 percent. The unauthorized landing fee will be
increased 200 percent for paragraph (d)(1)(vii) and (d)(1)(viii) of
this section.
(3) Intentional unauthorized landings may be prosecuted as a
criminal trespass, especially if a debarment letter has been issued.
Repeated intentional unauthorized landings prejudice the user's FAA
operating authority and jeopardize future use of Air Force airfields.
Sec. 855.15 Detaining an aircraft.
(a) An installation commander in the United States, its
territories, or its possessions may choose to detain an aircraft for an
intentional unauthorized landing until:
(1) The unauthorized landing has been reported to the FAA, HQ USAF/
XOOBC, and the appropriate US Attorney.
(2) All applicable charges have been paid.
(b) If the installation commander wishes to release the aircraft
before the investigation is completed, he or she must obtain bond,
promissory note, or other security for payment of the highest charge
that may be assessed.
(c) The pilot and passengers will not be detained longer than is
necessary for identification, although they may be permitted to remain
in a lounge or other waiting area on the base at their request for such
period as the installation commander may determine (normally not to
exceed close of business hours at the home office of the entity owning
the aircraft, if the operator does not own the aircraft). No person,
solely due to an intentional unauthorized landing, will be detained
involuntarily after identification is complete without coordination
from the appropriate US Attorney, the MAJCOM, FOA, or DRU, and HQ USAF/
XOOBC.
Sec. 855.16 Landing, parking, and storage fees.
(a) All fees are normally due and collectible at the time of use of
the Air Force airfield. The DD Form 1131, Cash Collection Voucher, is
used to deposit the fees with the base accounting and finance officer.
In some instances, it may be necessary to bill the user for charges
incurred. Landing, parking, and storage fees (Tables 3 and 4) are
determined by aircraft maximum gross takeoff weight (MGTOW). The
installation commander or a designated representative may permit
parking and storage on a nonexclusive, temporary, or intermittent
basis, when compatible with military requirements. The time that an
aircraft spends on an installation is at the discretion of the
installation commander or a designated representative but should be
linked to the purpose of use authorized. At those locations where there
are Air Force aero clubs, parking and storage privileges may be
permitted in the area designated for aero club use without regard for
the purpose of use authorized, if consistent with aero club policies.
Any such permission may be revoked upon notice, based on military needs
and the installation commander's discretion.
(b) Landing fees are not charged when the aircraft is operating in
support of official government business or for any purpose, the cost of
which is subject to reimbursement by the US Government. Parking and
Storage Fees (Table 4) are charged if an aircraft must remain beyond
the period necessary to conduct official government business and for
all non-official government business operations.
Sec. 855.17 Aviation fuel and oil purchases.
When a user qualifies under the provisions of AFM 67-1, vol 1, part
three, chapter 1, Air Force Stock Fund and DPSC Assigned Item
Procedures,5 purchase of Air Force fuel and oil may be made on a
cash or credit basis. An application for credit authority can be filed
by submitting an Authorized Credit Letter to SA-ALC/SFRL, 1014 Andrews
Road, Building 1621, Kelly AFB TX 78241-5603.
\5\See footnote 1 to Sec. 855.6.
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Sec. 855.18 Supply and service charges.
Supplies and services furnished to a user will be charged for as
prescribed in AFM 67-1, volume 1, part one, chapter 10, section N,
Basic Air Force Supply Procedures, and AFR 177-102, paragraph 28.24,
Commercial Transactions at Base Level.6 A personal check with
appropriate identification, cashier's check, money order, or cash are
acceptable means of payment. Charges for handling foreign military
sales cargo are prescribed in AFR 170-3, Financial Management and
Accounting for Security Assistance and International Programs.7
\6\See footnote 1 to Sec. 855.6.
\7\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------
Subpart C--Agreements for Civil Aircraft Use of Air Force Airfields
Sec. 855.19 Joint-use agreements.
An agreement between the Air Force and a local government agency is
required before a community can establish a public airport on an Air
Force airfield.
(a) Joint use of an Air Force airfield will be considered only if
there will be no cost to the Air Force and no compromise of mission
capability, security, readiness, safety, or quality of life. Further,
only proposals submitted by authorized representatives of local
government agencies eligible to sponsor a public airport will be given
the comprehensive evaluation required to conclude a joint use
agreement. All reviewing levels will consider and evaluate such
requests on an individual basis.
(b) Generally, the Air Force is willing to consider joint use at an
airfield if it does not have pilot training, nuclear storage, or a
primary mission that requires a high level of security. Civil
[[Page 15092]] operations must begin within 5 years of the effective
date of an agreement. Operational considerations will be based on the
premise that military aircraft will receive priority handling (except
in emergencies), if traffic must be adjusted or resequenced. The Air
Force normally will not consider personnel increases solely to support
civil operations but, if accommodated, all costs must be fully
reimbursed by the joint-use sponsor. The Air Force will not provide
personnel to install, operate, maintain, alter, or relocate navigation
equipment or aircraft arresting systems for the sole use of civil
aviation. Changes in equipment or systems to support the civil
operations must be funded by the joint-use sponsor. The Air Force must
approve siting, design, and construction of the civil facilities.
Sec. 855.20 Procedures for sponsor.
To initiate consideration for joint use of an Air Force airfield, a
formal proposal must be submitted to the installation commander by a
local government agency eligible to sponsor a public airport. The
proposal must include:
(a) Type of operation.
(b) Type and number of aircraft to be located on or operating at
the airfield.
(c) An estimate of the number of annual operations for the first 5
years.
Sec. 855.21 Air Force procedures.
(a) Upon receipt of a joint-use proposal, the installation
commander, without precommitment or comment, will send the documents to
the Air Force Representative (AFREP) at the Federal Aviation
Administration (FAA) Regional Office within the geographical area where
the installation is located. AFI 13-201, Air Force Airspace
Management,8 lists the AFREPs and their addresses. The
installation commander must provide an information copy of the proposal
to HQ USAF/XOOBC, 1480 Air Force Pentagon, Washington DC 20330-1480.
\8\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------
(b) The AFREP provides comments to the installation commander on
airspace, air traffic control, and other related areas, and informs
local FAA personnel of the proposal for joint use.
(c) The installation, the numbered Air Force, and the major command
(MAJCOM) will then evaluate the proposal. The MAJCOM will send the
comments and recommendations from all reviewing officials to HQ USAF/
XOOBC.
(d) Factors considered in evaluating joint use include, but are not
limited to:
(1) Impact on current and programmed military activities at the
installation.
(2) Compatibility of proposed civil aviation operations with
present and planned military operations.
(3) Compatibility of communications systems.
(4) Instrument capability of crew and aircraft.
(5) Runway and taxiway configuration. (Installations with single
runways normally will not be considered for joint use.)
(6) Security. The possibility for sabotage, terrorism, and
vandalism increases with joint use; therefore, joint use will not be
considered:
(i) If military and civil aircraft would be collocated in hangars
or on ramps.
(ii) If access to the civil aviation facilities would require
routine transit through the base.
(7) Fire, crash, and rescue requirements.
(8) Availability of public airports to accommodate the current and
future air transportation needs of the community through construction
or expansion.
(9) Availability of land for civil airport complex. NOTE: The
majority of land required for a terminal and other support facilities
must be located outside the installation perimeter or at a site that
will allow maximum separation of military and civil activities. If the
community does not already own the needed land, it must be acquired at
no expense to the Air Force. The Air Force may make real property that
is not presently needed, but not excess, available by lease under 10
U.S.C 2667. An application for lease of Air Force real property must be
processed through the chain of command to the Air Force Real Estate
Agency, 172 Luke Avenue, Suite 104, Building 5683, Bolling AFB DC
20332-5113, as prescribed in AFI 32-9003, Granting Temporary Use of Air
Force Real Property.9 All real property outleases require payment
of fair market consideration and normally are processed through the
Corps of Engineers. The General Services Administration must be
contacted regarding availability of excess or surplus Federal real
property and an application submitted through FAA for an airport use
public benefit transfer under 49 U.S.C. 47151-47153.
\9\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------
(10) Sponsor's resources to pay a proportionate share of costs for
runway operation and maintenance and other jointly used facilities or
otherwise provide compensation that is of direct benefit to the
Government.
(e) When the Air Force determines that joint use may be compatible
with its defense mission, the environmental impact analysis process
must be completed before a final decision can be made. The Air Force
will act as lead agency for the preparation of the environmental
analysis (32 CFR part 989, Environmental Impact Analysis Process). The
local government agency representatives, working in coordination with
Air Force personnel at the installation and other concerned local or
Federal officials, must identify the proposed action, develop
conceptual alternatives, and provide planning, socioeconomic, and
environmental information as specified by the appropriate MAJCOM and HQ
USAF/CEVP. The information must be complete and accurate in order to
serve as a basis for the preparation of the Air Force environmental
documents. All costs associated with the environmental studies required
to complete the environmental impact analysis process must be paid by
the joint use sponsor. Information on environmental analysis
requirements is available from HQ USAF/CEVP, 1260 Air Force Pentagon,
Washington DC 20330-1260.
(f) HQ USAF/XOOBC can begin negotiating a joint-use agreement after
the environmental impact analysis process is completed. The agreement
must be concluded on behalf of the Air Force by SAF/MII as the approval
authority for use of Air Force real property for periods exceeding 5
years. The joint-use agreement will state the extent to which the
provisions of Subpart B of this part, Civil Aircraft Landing Permits,
apply to civil aircraft operations.
(1) Joint-use agreements are tailored to accommodate the needs of
the community and minimize the impact on the defense mission. Although
each agreement is unique, attachment 4 of this part provides basic
terms that are frequently included in such agreements.
(2) Agreements for joint use at Air Force airfields on foreign soil
are subject to the requirements of AFI 51-701, Negotiating, Concluding,
Reporting, and Maintaining International Agreements.10
\10\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------
(g) HQ USAF/XOOBC and SAF/MII approval is required to amend
existing joint use agreements. The evaluation and decision processes
followed in concluding an initial joint-use proposal must be used to
amend existing joint-use agreements.
Sec. 855.22 Other agreements.
(a) Temporary use of Air Force runways occasionally is needed for
[[Page 15093]] extended periods when a local civil airport is
unavailable or to accommodate special events or projects. Such use
requires agreement between the Air Force and the local airport
authority or other equivalent responsible entity.
(b) The local proponent and Air Force personnel should draft and
submit an agreement to the MAJCOM Director for Operations, or
equivalent level, for review and comment. The agreement must address
all responsibilities for handling aircraft, cargo, and passengers, and
hold the Air Force harmless of all liabilities. The agreement will not
exceed 3 years. Although each agreement will be unique, attachment 5 of
this part provides one example. The draft agreement, with all comments
and recommendations, must be sent to HQ USAF/XOOBC for final approval.
Table 1.--Purpose of Use/Verification/Approval Authority/Fees
------------------------------------------------------------------------
Approval*
Purpose of use Verification authority Fees
------------------------------------------------------------------------
Contractor or Current government 1 No.
subcontractor (A). A contract numbers;
US or foreign the Air Force
contractor or airfields required
subcontractor, for each contract; a
operating corporate, brief description of
personal, or leased the work to be
aircraft in performed; and the
conjunction with name, telephone
fulfilling the terms number, and address
of a government of the government
contract. contracting officer
Note: Potential must be provided on
contractors may not the DD Form 2401 or
land at Air Force a continuation sheet.
airfields to pursue
or present an
unsolicited proposal
for procurement of
government business.
One time
authorization can be
provided when an
authorized US
Government
representative
verifies that the
potential contractor
has been
specifically invited
for a sales
presentation or to
discuss their
product.
Demonstration (B). Demonstration or 1 No.
Aircraft, aircraft display must be a
with components contractual
installed, or requirement or
aircraft presented at the
transporting request of an
components or authorized US
equipment operating Government
to demonstrate or representative. The
display a product to name, address, and
US Government telephone number of
representatives with the requesting
procurement or government
certification representative or
responsibilities. contracting officer
(Authority granted and contract number
under this section must be included on
does not include the DD Form 2401.
aerobatic
demonstrations.).
Aerial performance Approval of MAJCOM, 1 No.
(BB). Aircraft FOA, or DRU and FAA
performing as specified in AFI
aerobatics and or 35-201, Community
fly-bys at Air Force Relations.
airfields.
Active duty US Social security 1 No.
military and other number in block 1 on
US uniformed service DD Form 2401.
members entitled to
military
identification cards
(includes members of
the US Public Health
Service, Coast
Guard, and National
Oceanic and
Atmospheric
Administration) (C).
Service members,
operating their own
aircraft, leased
aircraft, or other
available aircraft
for official duty
travel (temporary
duty, permanent
change of station,
etc.) or for
private, non revenue
flights.
Reserve Forces (D). Endorsement from 1 No.
Members of the US member's commander
Reserve Forces that validates
(including Reserve military status and
Officer Training requirement for use
Corps and National of Air Force
Guard) operating airfields listed on
their own aircraft, the DD Form 2401.
leased aircraft, or The endorsement may
other available be included on the
aircraft to fulfill DD Form 2401 or
their official duty provided separately
commitment at the by letter. When
installation where appropriate, travel
their unit is orders must be on
assigned and other board the aircraft.
installations for
temporary duty
assignments.
Dependents of active Military 1 No.
duty US military identification card
personnel, other US number and
uniformed service expiration date and
personnel, (CC), or a letter of
US Reserve Forces endorsement from
personnel (DD). sponsor.
Dependents operating
their own aircraft,
leased aircraft, or
other available
aircraft in
conjunction with
activities related
to entitlements as a
dependent of a
uniformed service
member.
US Government civil Supervisor's 1 No.
service employees endorsement in block
(E). Civilian 4 of the DD Form
employees of the US 2401. Individual
Government operating must have a copy of
their own aircraft, current travel
leased aircraft, or orders or other
other available official travel
aircraft for certification
official government available for
business travel. verification if
requested by an
airfield manager or
a designated
representative.
Retired US military Copy of retirement 1 No.
members and other orders on file with
retired US uniformed the approving
service members with authority.
a military
identification card
authorizing use of
the commissary, base
exchange, and or
military medical
facilities (G).
Retired Service
members, operating
their own aircraft,
leased aircraft, or
other available
aircraft in
conjunction with
activities related
to retirement
entitlements
authorized by law or
regulation.
Dependents of retired Military 1 No.
US military identification card
personnel and other number and
retired US uniformed expiration date,
service personnel sponsor's retirement
(GG). Dependents of orders, and letter
retired Service of endorsement from
members operating sponsor.
their own aircraft,
leased aircraft, or
other available
aircraft in
conjunction with
activities related
to entitlements
authorized by law or
regulation as a
dependent of a
retired Service
member.
[[Page 15094]]
Civil Air Patrol Endorsement of the 1 No.
(CAP) (H). CAP application by HQ
members operating CAP-USAF/XOO, 105
personal or CAP South Hansell
aircraft for Street, Maxwell AFB
official CAP AL 36112-6332.
activities.
Aero club members Membership validation 6 No.
(I). Individuals by the aero club
operating their own manager on the DD
aircraft at the Air Form 2401.
Force airfield where
they hold active
aero club membership.
Weather alternate Certification of 1 Yes.
(J). An Air Force scheduled air
airfield identified carrier status, such
on a scheduled air as the US Department
carrier's flight of Transportation
plan as an alternate Fitness Certificate.
airport as
prescribed by
Federal Aviation
Regulations (FARs)
or equivalent
foreign government
regulations. The
airfield can only be
used if weather
conditions develop
while the aircraft
is in flight that
preclude landing at
the original
destination.
Aircraft may not be
dispatched from the
point of departure
to an Air Force
airfield designated
as an approved
weather alternate.
Note: Only those
airfields identified
on the list at
Attachment 2 are
available for use as
weather alternates.
Air Mobility Command International flights 3 No.
(AMC) contract or must have an AMC
charter (K). An air Form 8, Civil
carrier transporting Aircraft
passengers or cargo Certificate, on
under the terms of board the aircraft.
an AMC contract. Domestic flights
(Landing permits for must have either a
this purpose are Certificate of QUICK-
processed by HQ AMC/ TRANS (Navy), a
XOKA, 402 Scott Certificate of
Drive, Unit 3A1, Courier Service
Scott AFB IL 62225- Operations (AMC), or
5302.). a Certificate of
Intra-Alaska
Operations (AMC) on
board the aircraft.
CRAF alternate (KK). Participant in the 2 Yes.
An Air Force CRAF program and
airfield used as an authorized by
alternate airport by contract.
air carriers that
have contracted to
provide aircraft for
the Civil Reserve
Air Fleet (CRAF).
US Government The chartering agency 1 No.
contract or charter and name, address,
operator (L). An air and telephone number
carrier transporting of the government
passengers or cargo official procuring
for a US Government the transportation
department or agency must be listed in
other than US block 4 of the DD
military departments. Form 2401. An
official government
document, such as an
SF 1169, US
Government
Transportation
Request, must be on
board the aircraft
to substantiate that
the flight is
operating for a US
Government
department or agency.
Contractor or The contractor or 1 No.
subcontractor subcontractor must
charter (M). provide written
Aircraft chartered validation to the
by a US or foreign decision authority
contractor or that the charter
subcontractor to operator will be
transport personnel operating on their
or cargo in support behalf in fulfilling
of a current the terms of a
government contract. government contract,
to include current
government contract
numbers and contract
titles or brief
description of the
work to be
performed; the Air
Force airfields
required for use,
and the name,
telephone number,
and address of the
government
contracting officer.
DOD charter (N). Military Air 1 No.
Aircraft Transportation
transporting Agreement (MATA)
passengers or cargo approved by the
within the United Military
States for the Transportation
military departments Management Command
to accommodate (MTMC) (this
transportation includes survey and
requirements that do approval by HQ AMC/
not exceed 90 days. XOB, 402 Scott
Drive, Suite 132,
Scott AFB IL 62225-
5363). An SF 1169 or
SF 1103, US
Government Bill of
Lading, must be on
board the aircraft
to validate the
operation is for the
military departments
as specified in AFJI
24-211, Defense
Traffic Management
Regulation.
(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 before a
pending CAM.)
Media (F). Aircraft Except for White 2 Note 1.
transporting House Press Corps
representatives of charters,
the media for the concurrence of the
purpose of gathering installation
information about a commander, base
US Government operations officer,
operation or event. and public affairs
(Except for the officer.
White House Press
Corps, use will be
considered on a case-
by-case basis. For
example,
authorization is
warranted if other
forms of
transportation
preclude meeting a
production deadline
or such use is in
the best interest of
the US Government.
DD Forms 2400 and
2402 should be on
file with HQ USAF/
XOOBC to ensure
prompt telephone
approval for
validated requests.)
Commercial aircraft Application must cite 2 Yes.
certification the applicable FAR,
testing required by describe the test,
the FARs that does and include the name
not involve use of and telephone number
Air Force testing of the FAA
hardware (P). certification
officer.
[[Page 15095]]
Commercial Copy of letter from 2 Yes.
development testing HQ AFMC/DOR, 4225
at Air Force flight Logistics Avenue,
test facilities (Q). Suite 2, Wright
Patterson AFB OH
45433-5714,
validating approval
and compliance with
AFI 99-101,
Development, Test,
and Evaluation.
Commercial charter Unavailability of: 5 Yes.
operations (R). a. a suitable civil
Aircraft airport,
transporting b. aircraft that
passengers or cargo could operate into
for hire for other the local civil
than US military airport, or
departments. c. other modes of
Note: Federal transportation that
Aviation would reasonably
Administration (FAA) satisfy the
certification is transportation
required for requirement.
airfields used by
carriers certified
under FAR, Part 121
(passenger aircraft
that exceed 30
passenger seats). HQ
USAF/XOOBC will
request that FAA
issue an airport
operating
certificate under
FAR, Part 139, as
necessary.
Exceptions to the
requirement for
certification are
Air Force airfields
used for:
a. Emergencies.
b. Weather
alternates.
c. Air taxi
operations under
FAR, Part 135. Note:
This is currently
under review.
Anticipate a change
that will eliminate
the air taxi
exemption.
d. Air carrier
operations in
support of contract
flights exclusively
for the US military
departments.
Commercial air crew Memorandum of 2 Yes.
training flights Understanding
(S). Aircraft approved by HQ USAF/
operated by XOOBC that
commercial air establishes
carrier crews for conditions and
the purpose of responsibilities in
maintaining required conducting the
proficiency. training flights.
Private, non-revenue- The verification will 4 Note 2.
producing flights vary with the
(T). Aircraft purpose for use. For
operating for a example, when use is
variety of reasons, requested in
such as transporting conjunction with
individuals to meet events such as
with government meetings or
representatives or ceremonies, the
participate in applicant must
government sponsored provide the name and
ceremonies and telephone number of
similar events. At the government
specified locations, project officer.
the purpose of use
may be to gain
access to collocated
private sector
facilities as
authorized by lease,
agreement, or
contract.
Provisional airfield Memorandum of 2 Yes.
(U). An Air Force Understanding,
airfield used by Letter of Agreement,
civil aircraft when or lease that
the local civil establishes
airport is responsibilities and
temporarily conditions for use.
unavailable, or by a
commercial air
carrier operating at
a specific remote
location to provide
commercial air
transportation for
local military
members under the
provisions of a
lease or other legal
instrument.
Foreign government Application must 2 Note 3.
charter (V). include name and
Aircraft chartered telephone number of
by a foreign the foreign
government to government
transport passengers representative
or cargo. responsible for
handling the charter
arrangements.
Flights transporting FMS case number, 2 Note 3.
foreign military requisition numbers,
sales (FMS) material delivery term code
(W). (Hazardous, and information as
oversized, or specified below:
classified cargo a. Description of
only.) 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.
b. Name, address, and
telephone number of
individual at Air
Force base that is
coordinating cargo
handling and or
other required
terminal services.
c. Cargo to be loaded
or off loaded must
be equipped with
sufficient cargo
pallets and or
tiedown materials to
facilitate handling.
Compatible 463L
pallets and nets
will be exchanged on
a one-for-one basis
for serviceable
units. Nonstandard
pallets and nets
cannot be exchanged;
however, they will
be used to buildup
cargo loads after
arrival of the
aircraft. Aircraft
arriving without
sufficient cargo
loading and tiedown
devices must be
floor loaded and the
aircraft crew will
be responsible for
purchasing the
necessary ropes,
chains, and so
forth.
d. US Government FMS
case management
agency to which
costs for services
rendered are
chargeable.
e. Name, address, and
telephone number of
freight forwarder.
f. Name, address, and
telephone number of
shipper.
Certified flight Documentation that 2 Yes.
record attempts (X). will validate
Aircraft operating National Aeronautic
to establish a new Association or
aviation record. Federation
Aeronautique
Internationale
sanction of the
record attempt.
[[Page 15096]]
Political candidates The Secret Service 2 Yes.
(Y). (For security must confirm that
reasons only) use has been
Aircraft either requested in support
owned or chartered of its security
explicitly for a responsibilities.
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 who is
being furnished
protection by the US
Secret Service.
Aircraft clearance
is predicated on the
Presidential or Vice
Presidential
candidate being
aboard one of the
aircraft (either on
arrival or
departure). Normal
landing fees will be
charged. To avoid
conflict with US
statutes and Air
Force operational
requirements, and to
accommodate
expeditious handling
of aircraft and
passengers, the
installation
commander will:
a. Provide
minimum official
welcoming party.
b. Not provide
special facilities.
c. Not permit
political rallies or
speeches on the
installation.
d. Not provide
official
transportation to
unauthorized
personnel, such as
the press or local
populace.
Aircraft either owned Use by other than the 2 No.
or personally President or Vice
chartered for President must be
transportation of for official
the President, Vice government business.
President, a past All requests will be
President of the coordinated with the
United States, the Office of
head of any US Legislative Liaison
federal department (SAF/LL) as
or agency, or a prescribed in AFI 90-
member of the 401, Air Force
Congress (Z). Relations with
Congress.
------------------------------------------------------------------------
*APPROVING AUTHORITY:
1 = Can be approved at all levels.
2 = HQ USAF/XOOBC.
3 = HQ AMC/XOKA.
4 = Except as specifically delegated in Secs. 855.5(d)(2) and
855.5(d)(2)(iii), must be approved by HQ USAF/XOOBC.
5 = Except as specifically delegated in Sec. 855.5(d)(2)(i), must be
approved by HQ USAF/XOOBC.
6 = Policy concerning private aircraft use of aero club facilities
varies from base to base, primarily due to space limitations and
military mission requirements. Therefore, applications for use of aero
club facilities must be processed at base level.
Note 1: Landing fees are charged for White House Press Corps flights.
Landing fees are not charged if the Air Force has invited media
coverage of specific events.
Note 2: Landing fees are charged if flight is not operating in support
of official government business.
Note 3: Landing fees are charged unless US Government charters have
reciprocal privileges in the foreign country.
Table 2.--Aircraft Liability Coverage Requirements
----------------------------------------------------------------------------------------------------------------
Aircraft maximum gross Bodily Property
takeoff weight (MGTOW) Coverage for injury damage Passenger
----------------------------------------------------------------------------------------------------------------
12,500 pounds and under..... Each Person................ $100,000 ........... $100,000.
Each Accident.............. $300,000 $100,000 $100,000 multiplied by the
number of passenger seats.
Each Person................ $100,000 ........... $100,000.
More than 12,500 pounds..... Each Accident.............. $1,000,000 $1,000,000 $100,000 multiplied by 75%
multiplied by the number
of passenger seats.
----------------------------------------------------------------------------------------------------------------
Table 3.--Landing Fees
----------------------------------------------------------------------------------------------------------------
United
Aircraft maximum States,
gross takeoff Normal fee Unauthorized Intentional fee Minimum fee territories, Overseas
weight (MGTOW) fee and
possessions
----------------------------------------------------------------------------------------------------------------
$1.50 per 1,000 ............ ................ $20.00....... X
lbs MGTOW or
fraction
thereof.
$1.70 per 1,000 ............ ................ $25.00....... ............. X
lbs MGTOW or
fraction
thereof.
Up to and ................ $100.00 ................ ............. X X
including 12,500
lbs.
12,501 to 40,000 ................ $300.00 ................ ............. X X
lbs.
[[Page 15097]]
Over 40,000 lbs.. ................ $600.00 ................ ............. X X
Increase ............. X X
unauthorized
fee by 100% or
200%.
----------------------------------------------------------------------------------------------------------------
Table 4.--Parking and Storage Fees
----------------------------------------------------------------------------------------------------------------
Fee per aircraft for each 24-hour
period or less Minimum fee Charge begins Ramp Hangar
----------------------------------------------------------------------------------------------------------------
$1.00 per 100,000 lbs MGTOW or $20.00 6 hours after landing.......... X
fraction thereof.
$2.00 per 100,000 lbs MGTOW or $20.00 Immediately.................... ............. X
fraction thereof.
----------------------------------------------------------------------------------------------------------------
Attachment 1 to Part 855--Definitions
Aircraft. Any contrivance now known or hereafter invented, used,
or designated for navigation of or flight in navigable airspace as
defined in the Federal Aviation Act.
Airfield. An area prepared for the accommodation (including any
buildings, installations, and equipment), landing, and take-off of
aircraft.
Authorized Credit letter. A letter of agreement that qualified
operators must file with the Air Force to purchase Air Force
aviation fuel and oil on a credit basis under the provisions of AFM
67-1, vol 1, part three, chapter 1, Air Force Stock Fund and DPSC
Assigned Item Procedures.
Civil Aircraft. Any United States or foreign-registered aircraft
owned by non-governmental entities, and foreign government-owned
aircraft that are operated for commercial purposes.
Civil Aviation. All civil aircraft of any national registry,
including:
--Commercial Aviation. Civil aircraft that transport passengers or
cargo for hire.
--General Aviation. Civil aircraft that do not transport passengers
or cargo for hire.
Civil Reserve Air Fleet (CRAF). US registered aircraft,
certificated under FAR Part 121, obligated by contract to provide
aircraft and crews to the Department of Defense (DOD) during
contingencies or war.
DD Form 2400, Civil Aircraft Certificate of Insurance. A
certificate that shows the amount of third-party liability insurance
carried by the user and assures the United States Government of
advance notice if changes in coverage occur.
DD Form 2401, Civil Aircraft Landing Permit. A license which,
when validated by an Air Force approving authority, authorizes the
civil aircraft owner or operator to use Air Force airfields.
DD Form 2402, Civil Aircraft Hold Harmless Agreement. An
agreement, completed by the user, which releases the United States
Government from all liabilities incurred in connection with civil
aircraft use of Air Force airfields.
Government Aircraft. Aircraft owned, operated, or controlled for
exclusive, long-term use by any department or agency of either the
United States or a foreign government; and aircraft owned by any
United States state, county, municipality or other political
subdivision; or any aircraft for which a government has the
liability responsibility. In the context of this Part, it includes
foreign registered aircraft, which are normally commercially
operated, that have been wholly chartered for use by foreign
government heads of state for official state visits.
Government Furnished or Bailed Aircraft. US Government-owned
aircraft provided to a government contractor for use in conjunction
with a specific contractual requirement.
Installation Commander. The individual responsible for all
operations performed by an installation.
Loaned Aircraft. US Government-owned aircraft made available for
use by another US Government agency. This does not include aircraft
leased or loaned to non-governmental entities. Such aircraft will be
considered as civil aircraft for purposes of this part.
Military Aircraft. Aircraft used exclusively in the military
services of the US or a foreign government and bearing appropriate
military and national markings or carrying appropriate
identification.
Official Government Business. Activities that support or serve
the needs of US federal agencies located at or in the immediate
vicinity of an Air Force installation, including nonappropriated
fund entities. For elected or appointed federal, state, and local
officeholders, official business is activity performed in fulfilling
duties as a public official.
Scheduled Air Carrier. An air carrier that holds a scheduled air
carrier certificate and provides scheduled service year round
between two or more points.
Unauthorized Landing. A landing at an Air Force airfield by a
civil aircraft without prior authority (approved DD Form 2401 and 24
hours prior notice).
User. The person, corporation, or other responsible entity
operating civil aircraft at Air Force airfields.
Attachment 2 to Part 855--Weather Alternate List Air Force Airfields
Designated for Weather Alternate use by Scheduled Air Carriers
Altus AFB OK
Andersen AFB Guam
Cannon AFB NM
Dobbins ARB GA
Dyess AFB TX
Eareckson AFS AK*
Eglin AFB FL
Eielson AFB AK
Ellsworth AFB SD
Elmendorf AFB AK
Fairchild AFB WA
Grand Forks AFB ND
Hill AFB UT
Howard AFB PN
Kadena AFB OKINAWA
Kelly AFB TX
Kunsan AFB KOREA
Langley AFB VA
Laughlin AFB TX
Malmstrom AFB MT
McChord AFB WA
McConnell AFB KS
Minot AFB ND
Mt Home AFB ID
Nellis AFB NV
Offutt AFB NE
Osan AFB KOREA
Plant 42, Palmdale CA
Travis AFB CA
Tyndall AFB FL
Yokota AFB Japan
*Formerly Shemya AFB
Attachment 3 to Part 855--Landing Permit Application Instructions
A3.1. DD Form 2400, Civil Aircraft Certificate of Insurance: The
insurance company or its authorized agent must complete and sign the
DD Form 2400. Corrections to the form made using a different
typewriter, pen, or whiteout must be initialed by the signatory. THE
FORM CANNOT BE COMPLETED BY THE AIRCRAFT OWNER OR OPERATOR. Upon
expiration, the DD Form 2400 must be resubmitted along with DD Form
2401 for continued use of Air Force airfields. The DD Form 2400 may
be submitted to the decision authority by either the user or
insurer.
(Approved by the Office of Management and Budget under control
number 0701-0050)
A3.1.1. Block 1, Date Issued. The date the DD Form 2400 is
completed by the signatory.
A3.1.2. Block 2a and 2b, Insurer Name, Address. The name and
address of the insurance company. [[Page 15098]]
A3.1.3. Block 3a and 3b. Insured Name, Address. The name and
address of the aircraft owner and or operator. (The name of the user
must be the same on all the forms.)
A3.1.4. Block 4a, Policy Number(s). The policy number must be
provided. Binder numbers or other assigned numbers will not be
accepted in lieu of the policy number.
A3.1.5. Block 4b, Effective Date. The first day of current
insurance coverage.
A3.1.6. Block 4c, Expiration Date. The last day of current
insurance coverage. The DD Form 2400 is valid until one day before
the insurance expiration date. A DD Form 2400 with the statement
``until canceled,'' in lieu of a specific expiration date, is valid
for two years from the issue date.
A3.1.7. Block 5, Aircraft Liability Coverage. The amount of
split limit coverage. All boxes in block 5 must be completed to
specify the coverage for: each person (top line, left to right)
outside the aircraft (bodily injury) and each passenger; and the
total coverage per accident (second line, left to right) for:
persons outside the aircraft (bodily injury), property damage, and
passengers. IF BLOCK 5 IS USED, BLOCK 6 SHOULD NOT BE USED. All
coverages must be stated in US dollars. ALL SEATS THAT CAN BE USED
FOR PASSENGERS MUST BE INSURED. See Table 2 for required minimum
coverage.
A3.1.8. Block 6, Single Limit. The maximum amount of coverage
per accident. IF BLOCK 6 IS USED, BLOCK 5 SHOULD NOT BE USED. The
minimum coverage required for a combined single limit is determined
by adding the minimums specified in the ``each accident'' line of
Table 2. All coverages must be stated in US dollars. ALL SEATS THAT
CAN BE USED FOR PASSENGERS MUST BE INSURED.
A3.1.9. Block 7, Excess Liability. The amount of coverage which
exceeds primary coverage. All coverages must be stated in US
dollars.
A3.1.10. Block 8, Provisions of Amendments or Endorsements of
Listed Policy(ies). Any modification of this block by the insurer or
insured invalidates the DD Form 2400.
A3.1.11. Block 9a, Typed Name of Insurer's Authorized
Representative. Individual must be an employee of the insurance
company, an agent of the insurance company, or an employee of an
insurance broker.
A3.1.12. Block 9b, Signature. The form must be signed in blue
ink so that hand scribed, original signatures are easy to identify.
Signature stamps or any type of facsimile signature cannot be
accepted.
A3.1.13. Block 9c, Title. Self-explanatory.
A3.1.14. Block 9d, Telephone Number. Self-explanatory.
A3.1.15. THE REVERSE OF THE FORM MAY BE USED IF ADDITIONAL SPACE
IS REQUIRED.
A3.2. DD Form 2401, Civil Aircraft Landing Permit. A separate DD
Form 2401 must be submitted for each purpose of use (Table 1).
(Approved by the Office of Management and Budget under control
number 0701-0050).
A3.2.1. Block 1a. The name of the owner or operator. (The name
of the user must be the same on all the forms.)
A3.2.2. Block 1b. This block should only be completed if the
applicant is a subsidiary, division, etc, of another company.
A3.2.3. Block 1c. Business or home address, whichever is
applicable, of applicant.
A3.2.4. Block 2. List the airfields where the aircraft will be
operating. The statement ``Any US Air Force Installation Worldwide''
is acceptable for users performing AMC and White House Press Corps
charters. ``All Air Force airfields in the CONUS'' is acceptable, if
warranted by official government business, for all users.
A3.2.5. Block 3. Self-explanatory. (Users will not necessarily
be denied landing rights if pilots are not instrument rated and
current.)
A3.2.6. Block 4. Provide a brief explanation of purpose for use.
The purposes normally associated with use of Air Force airfields are
listed in Table 1. If use for other purposes is requested, it may be
approved if warranted by unique circumstances. (The verification
specified for each purpose of use must be included with the
application.)
A3.2.7. Block 5. EXCEPT AS NOTED FOR BLOCK 5C, ALL ITEMS MUST BE
COMPLETED.
A3.2.8. Block 5a and Block 5b. Self-explanatory.
A3.2.9. Block 5c. If the DD Form 2400, Certificate of Insurance,
indicates coverage for ``any aircraft of the listed model owned and
or operated,'' the same statement can be used in block 5c in lieu of
specific registration numbers.
A3.2.10. Block 5d. The capacity provided must reflect only the
number of crew required to operate the aircraft. The remaining seats
are considered passenger seats.
A3.2.11. Block 5e. Self-explanatory.
A3.2.12. Block 5d. A two-way radio is required. Landing rights
will not necessarily be denied for lack of strobe lights, a
transponder, or IFR capabilities.
A3.2.13. Block 6a. Self-explanatory.
A3.2.14. Block 6b. If the applicant is an individual, this block
should not be completed.
A3.2.15. Block 6c. This block should contain a daytime telephone
number.
A3.2.16. Block 6d. The form must be signed in blue ink so that
hand scribed, original signatures are easy to identify. Signature
stamps or any type of facsimile signature cannot be accepted.
A3.2.17. Block 6e. Self-explanatory.
A3.2.18. THE REVERSE OF THE FORM MAY BE USED IF ADDITIONAL SPACE
IS REQUIRED.
BLOCKS 7A THROUGH 14C ARE NOT COMPLETED BY THE APPLICANT.
A3.2.19. Blocks 7a and 7b. The expiration date of a permit is
determined by the insurance expiration date or the purpose of use.
For example, the dates of an air show will determine the expiration
date of a permit approved for participation in the air show. If the
insurance expiration is used to determine the permit expiration
date, the landing permit will expire one day before the insurance
expiration date shown on the DD Form 2400, or 2 years from the date
the permit is issued when the insurance expiration date either
exceeds 2 years or is indefinite (for example, ``until canceled'').
A3.2.20. APPROVED PERMITS CANNOT BE CHANGED WITHOUT THE CONSENT
OF THE APPROVING AUTHORITY.
A3.2.21. DD FORMS 2400 AND 2401 MUST BE RESUBMITTED TO RENEW A
LANDING PERMIT. (Corporations must resubmit the DD Form 2402 every
five years.)
A3.3. DD Form 2402, Civil Aircraft Hold Harmless Agreement. A
form submitted and accepted by an approving authority for an
individual remains valid and need not be resubmitted to the same
approving authority, unless canceled for cause. Forms submitted by
companies, organizations, associations, etc, must be resubmitted at
least every five years.
(Approved by the Office of Management and Budget under control
number 0701-0050).
A3.3.1. Block 2a(1). This block should contain the user's name
if the applicant is a company. If the hold harmless agreement is
intended to cover other entities of a parent company, their names
must also be included in this block.
A3.3.2. Block 2a(2). This block should contain the user's
address if the applicant is a company.
A3.3.3. Block 2b(1). This block should contain the name of the
individual applying for a landing permit or the name of a corporate
officer that is authorized to legally bind the corporation from
litigation against the Air Force.
A3.3.4. Block 2b(2). This block should contain the address of
the individual applying for a landing permit. A company address is
only required if it is different from the address in block 2a(2).
A3.3.5. Block 2b(3). The form must be signed in blue ink so that
hand scribed, original signatures are easy to identify. Signature
stamps or any type of facsimile signature cannot be accepted.
A3.3.6. Block 2b(4). This block should only be completed when
the applicant is a company, organization, association, etc.
A3.3.7. Block 3a(1). If the applicant is a company,
organization, association, etc., the form must be completed and
signed by the corporate secretary or a second corporate officer
(other than the officer executing DD Form 2402) to certify the
signature of the first officer. As necessary, the US Air Force also
may require that the form be authenticated by an appropriately
designated third official.
A3.3.8. Block 3a(2). The form must be signed in blue ink so that
hand scribed, original signatures are easy to identify. Signature
stamps or any type of facsimile signature cannot be accepted.
A3.3.9. Block 3a(3). Self-explanatory.
A3.3.10. Block 4. Self-explanatory.
Attachment 4 to Part 855--Sample Joint-Use Agreement
Joint-Use Agreement Between an Airport Sponsor and the United States
Air Force
This Joint Use Agreement is made and entered into this
________________ day of ________________ 19____ , by and between the
Secretary of the Air Force, for and on behalf of the United States
of America (``Air Force'') and an airport sponsor (``Sponsor'')
[[Page 15099]] a public body eligible to sponsor a public airport.
Whereas, the Air Force owns and operates the runways and
associated flight facilities (collectively ``flying facilities'')
located at Warbucks Air Force Base, USA (``WAFB''); and
Whereas, Sponsor desires to use the flying facilities at WAFB to
permit operations by general aviation aircraft and commercial air
carriers (scheduled and nonscheduled) jointly with military
aircraft; and
Whereas, the Air Force considers that this Agreement will be in
the public interest, and is agreeable to joint use of the flying
facilities at WAFB; and
Whereas, this Agreement neither addresses nor commits any Air
Force real property or other facilities that may be required for
exclusive use by Sponsor to support either present or future civil
aviation operations and activities in connection with joint use; and
Whereas, the real property and other facilities needed to
support civil aviation operations are either already available to or
will be diligently pursued by Sponsor;
Now, Therefore, it is agreed:
1. Joint Use
a. The Air Force hereby authorizes Sponsor to permit aircraft
equipped with two-way radios capable of communicating with the WAFB
Control Tower to use the flying facilities at WAFB, subject to the
terms and conditions set forth in this Agreement and those Federal
Aviation Regulations (FAR) applicable to civil aircraft operations.
Civil aircraft operations are limited to 20,000 per calendar year.
An operation is a landing or a takeoff. Civil aircraft using the
flying facilities of WAFB on official Government business as
provided in Air Force Instruction (AFI) 10-1001, Civil Aircraft
Landing Permits, are not subject to this Agreement.
b. Aircraft using the flying facilities of WAFB under the
authority granted to Sponsor by this Agreement shall be entitled to
use those for landings, takeoffs, and movement of aircraft and will
normally park only in the area made available to Sponsor and
designated by them for that purpose.
c. Government aircraft taking off and landing at WAFB will have
priority over all civil aircraft at all times.
d. All ground and air movements of civil aircraft using the
flying facilities of WAFB under this Agreement, and movements of all
other vehicles across Air Force taxiways, will be controlled by the
WAFB Control Tower. Civil aircraft activity will coincide with the
WAFB Control Tower hours of operation. Any additional hours of the
WAFB Control Tower or other essential airfield management, or
operational requirements beyond those needed by the Air Force, shall
be arranged and funded (or reimbursed) by Sponsor. These charges, if
any, shall be in addition to the annual charge in paragraph 2 and
payable not less frequently than quarterly.
e. No civil aircraft may use the flying facilities for training.
f. Air Force-owned airfield pavements made available for use
under this Agreement shall be for use on an ``as is, where is''
basis. The Air Force will be responsible for snow removal only as
required for Government mission accomplishment.
g. Dust or any other erosion or nuisance that is created by, or
arises out of, activities or operations by civil aircraft authorized
use of the flying facilities under this Agreement will be corrected
by Sponsor at no expense to the Air Force, using standard
engineering methods and procedures.
h. All phases of planning and construction of new runways and
primary taxiways on Sponsor property must be coordinated with the
WAFB Base Civil Engineer. Those intended to be jointly used by Air
Force aircraft will be designed to support the type of military
aircraft assigned to or commonly transient through WAFB.
i. Coordination with the WAFB Base Civil Engineer is required
for planning and construction of new structures or exterior
alteration of existing structures that are owned or leased by
Sponsor.
j. Sponsor shall comply with the procedural and substantive
requirements established by the Air Force, and Federal, State,
interstate, and local laws, for the flying facilities of WAFB and
any runway and flight facilities on Sponsor property with respect to
the control of air and water pollution; noise; hazardous and solid
waste management and disposal; and hazardous materials management.
k. Sponsor shall implement civil aircraft noise mitigation plans
and controls at no expense to and as directed by the Air Force,
pursuant to the requirements of the WAFB Air Installation Compatible
Use Zone (AICUZ) study; the FAA Part 150 study; and environmental
impact statements and environmental assessments, including
supplements, applicable to aircraft operations at WAFB.
l. Sponsor shall comply, at no expense to the Air Force, with
all applicable FAA security measures and procedures as described in
the Airport Security Program for WAFB.
m. Sponsor shall not post any notices or erect any billboards or
signs, nor authorize the posting of any notices or the erection of
any billboards or signs at the airfield of any nature whatsoever,
other than identification signs attached to buildings, without prior
written approval from the WAFB Base Civil Engineer.
n. Sponsor shall neither transfer nor assign this Agreement
without the prior written consent of the Air Force.
2. Payment
a. For the purpose of reimbursing the Air Force for Sponsor's
share of the cost of maintaining and operating the flying facilities
of WAFB as provided in this Agreement, Sponsor shall pay, with
respect to civil aircraft authorized to use those facilities under
this Agreement, the sum of (specify sum) annually. Payment shall be
made quarterly, in equal installments.
b. All payments due pursuant to this Agreement shall be payable
to the order of the Treasurer of the United States of America, and
shall be made to the Accounting and Finance Officer, WAFB, within
thirty (30) days after each quarter. Quarters are deemed to end on
December 31, March 31, June 30, and September 30. Payment shall be
made promptly when due, without any deduction or setoff. Interest at
the rate prescribed by the Secretary of the Treasury of the United
States shall be due and payable on any payment required to be made
under this Agreement that is not paid within ten (10) days after the
date on which such payment is due and end on the day payment is
received by the Air Force.
3. Services
Sponsor shall be responsible for providing services,
maintenance, and emergency repairs for civil aircraft authorized to
use the flying facilities of WAFB under this Agreement at no cost to
the Air Force. If Air Force assistance is required to repair an
aircraft, Sponsor shall reimburse the Air Force for all expenses of
such services. Any required reimbursement shall be paid not less
frequently than quarterly. These charges are in addition to the
annual charge specified in paragraph 2.
4. Fire Protection and Crash Rescue
a. The Air Force maintains the level of fire fighting, crash,
and rescue capability required to support the military mission at
WAFB. The Air Force agrees to respond to fire, crash, and rescue
emergencies involving civil aircraft outside the hangars or other
structures within the limits of its existing capabilities,
equipment, and available personnel, only at the request of Sponsor,
and subject to subparagraphs b, c, and d below. Air Force fire
fighting, crash, and rescue equipment and personnel shall not be
routinely located in the airfield movement area during nonemergency
landings by civil aircraft.
b. Sponsor shall be responsible for installing, operating, and
maintaining, at no cost to the Air Force, the equipment and safety
devices required for all aspects of handling and support for
aircraft on the ground as specified in the FARs and National Fire
Protection Association procedures and standards.
c. Sponsor agrees to release, acquit, and forever discharge the
Air Force, its officers, agents, and employees from all liability
arising out of or connected with the use of or failure to supply in
individual cases, Air Force fire fighting and or crash and rescue
equipment or personnel for fire control and crash and rescue
activities pursuant to this Agreement. Sponsor further agrees to
indemnify, defend, and hold harmless the Air Force, its officers,
agents, and employees against any and all claims, of whatever
description, arising out of or connected with such use of, or
failure to supply Air Force fire fighting and or crash and rescue
equipment or personnel.
d. Sponsor will reimburse the Air Force for expenses incurred by
the Air Force for fire fighting and or crash and rescue materials
expended in connection with providing such service to civil
aircraft. The Air Force may, at its option, with concurrence of the
National Transportation Safety Board, remove crashed civil aircraft
from Air Force-owned pavements or property and shall follow existing
Air Force directives and or [[Page 15100]] instructions in
recovering the cost of such removal.
e. Failure to comply with the above conditions upon reasonable
notice to cure or termination of this Agreement under the provisions
of paragraph 7 may result in termination of fire protection and
crash and rescue response by the Air Force.
f. The Air Force commitment to assist Sponsor with fire
protection shall continue only so long as a fire fighting and crash
and rescue organization is authorized for military operations at
WAFB. The Air Force shall have no obligation to maintain or provide
a fire fighting, and crash and rescue organization or fire fighting
and crash and rescue equipment; or to provide any increase in fire
fighting and crash and rescue equipment or personnel; or to conduct
training or inspections for purposes of assisting Sponsor with fire
protection.
5. Liability and Insurance
a. Sponsor will assume all risk of loss and or damage to
property or injury to or death of persons by reason of civil
aviation use of the flying facilities of WAFB under this Agreement,
including, but not limited to, risks connected with the provision of
services or goods by the Air Force to Sponsor or to any user under
this Agreement. Sponsor further agrees to indemnify and hold
harmless the Air Force against, and to defend at Sponsor expense,
all claims for loss, damage, injury, or death sustained by any
individual or corporation or other entity and arising out of the use
of the flying facilities of WAFB and or the provision of services or
goods by the Air Force to Sponsor or to any user, whether the claims
be based in whole, or in part, on the negligence or fault of the Air
Force or its contractors or any of their officers, agents, and
employees, or based on any concept of strict or absolute liability,
or otherwise.
b. Sponsor will carry a policy of liability and indemnity
insurance satisfactory to the Air Force, naming the United States of
America as an additional insured party, to protect the Government
against any of the aforesaid losses and or liability, in the sum of
not less than (specify sum) bodily injury and property damage
combined for any one accident. Sponsor shall provide the Air Force
with a certificate of insurance evidencing such coverage. A new
certificate must be provided on the occasion of policy renewal or
change in coverage. All policies shall provide that: (1) no
cancellation, reduction in amount, or material change in coverage
thereof shall be effective until at least thirty (30) days after
receipt of notice of such cancellation, reduction, or change by the
installation commander at WAFB, (2) any losses shall be payable
notwithstanding any act or failure to act or negligence of Sponsor
or the Air Force or any other person, and (3) the insurer shall have
no right of subrogation against the United States.
6. Term of Agreement
This Agreement shall become effective immediately and shall
remain in force and effect for a term of 25 years, unless otherwise
renegotiated or terminated under the provisions of paragraph 7, but
in no event shall the Agreement survive the termination or
expiration of Sponsor's right to use, by license, lease, or transfer
of ownership, of the land areas used in connection with joint use of
the flying facilities of WAFB.
7. Renegotiation and Termination
a. If significant change in circumstances or conditions relevant
to this Agreement should occur, the Air Force and Sponsor may enter
into negotiations to revise the provisions of this Agreement,
including financial and insurance provisions, upon sixty (60) days
written notice to the other party. Any such revision or modification
of this Agreement shall require the written mutual agreement and
signatures of both parties. Unless such agreement is reached, the
existing agreement shall continue in full force and effect, subject
to termination or suspension under this section.
b. Notwithstanding any other provision of this Agreement, the
Air Force may terminate this Agreement: (1) at any time by the
Secretary of the Air Force, giving ninety (90) days written notice
to Sponsor, provided that the Secretary of the Air Force determines,
in writing, that paramount military necessity requires that joint
use be terminated, or (2) at any time during any national emergency,
present or future, declared by the President or the Congress of the
United States, or (3) in the event that Sponsor ceases operation of
the civil activities at WAFB for a period of one (1) year, or (4) in
the event Sponsor violates any of the terms and conditions of this
Agreement and continues and persists therein for thirty (30) days
after written notification to cure such violation. In addition to
the above rights, the Air Force may at any time suspend this
agreement if violations of its terms and conditions by Sponsor
create a significant danger to safety, public health, or the
environment at WAFB.
c. The failure of either the Air Force or Sponsor to insist, in
any one or more instances, upon the strict performance of any of the
terms, conditions, or provisions of this Agreement shall not be
construed as a waiver or relinquishment of the right to the future
performance of any such terms, conditions, or provisions. No
provision of this Agreement shall be deemed to have been waived by
either party unless such waiver be in writing signed by such party.
8. Notices
a. No notice, order, direction, determination, requirement,
consent, or approval under this Agreement shall be of any effect
unless it is in writing and addressed as provided herein.
b. Written communication to Sponsor shall be delivered or mailed
to Sponsor addressed: The Sponsor, 9000 Airport Blvd, USA.
c. Written communication to the Air Force shall be delivered or
mailed to the Air Force addressed: Commander, WAFB, USA.
9. Other Agreements Not Affected
This Agreement does not affect the WAFB-Sponsor Fire Mutual Aid
Agreement.
In Witness Whereof, the respective duly authorized
representatives of the parties hereto have executed this Agreement
on the date set forth below opposite their respective signatures.
United States Air Force.
Date:------------------------------------------------------------------
By:--------------------------------------------------------------------
Deputy Assistant Secretary of the Air Force
(Installations)
Date:------------------------------------------------------------------
By:--------------------------------------------------------------------
Sponsor Representative
Attachment 5 to Part 855--Sample Temporary Agreement Letter of
Agreement, for Temporary Civil Aircraft Operations at Warbucks AFB, USA
This letter of agreement establishes policies, responsibilities,
and procedures for commercial air carrier operations at Warbucks
AFB, USA, (WAFB) for the period (date) through (date) Military
requirements will take precedence over civil aircraft operations.
Should a conflict arise between air carrier and Air Force
operational procedures, Air Force procedures will apply.
Authorized Users
The following air carriers are authorized use, provided they
have a civil aircraft landing permit approved at HQ USAF/XOOBC for
such use: Flyaway Airlines, Recreation Airlines, Economy Airlines,
PacAir Transport
Schedules
The Bunker International Airport (BIA) manager or air carrier
station managers will ensure that the WAFB Airfield Manager is
provided current airline schedules during the approved period of
use. Every effort will be made to avoid disruption of the air
carriers' schedules; however, it is understood that the installation
commander will suspend or change flight plans when required to
preclude interference with military activities or operations.
Passenger and Luggage Handling
The BIA terminal will be used for passenger loading and
unloading. Security checks will be performed at the terminal before
loading passengers on buses. Luggage on arriving aircraft will be
directly offloaded onto vehicles and delivered to the BIA terminal.
Each arriving and departing bus or vehicle caravan will be
accompanied by a credentialed representative of the airline or BIA
to ensure its integrity enroute. Buses or vehicles transporting
passengers to board an aircraft will not depart WAFB until the
passengers are airborne. Unless an emergency exists, arriving
passengers will not deplane until the buses are available for
transportation to the BIA terminal. All checked luggage will be
picked up at BIA and delivered directly to the departing aircraft.
Buses will proceed directly to the aircraft at WAFB alert ramp.
Luggage on arriving aircraft will be directly offloaded onto a
vehicle parked on the WAFB alert ramp. WAFB will be notified, in
advance, if a local funeral home requires access for pickup or
delivery of deceased persons.
Aircraft Handling and Ground Support Equipment
Air Force-owned fuel will not be provided. The air carriers will
provide their own [[Page 15101]] ground support equipment. Refueling
equipment from BIA will be prepositioned at WAFB on the alert ramp.
The Air Force shall not be responsible for any damage or loss to
such equipment, and BIA expressly assumes all risks of any such loss
or damage and agrees to indemnify and hold the United States
harmless against any such damage or loss. No routine aircraft
maintenance will be accomplished at WAFB. Emergency repairs and or
maintenance are only authorized to avoid extended parking and
storage of civil aircraft at WAFB.
Customs and Security
The installation commander will exercise administrative and
security control over both the aircraft and passengers on WAFB.
Customs officials will be transported to and from the base by air
carrier representatives. The installation commander will cooperate
with customer, health, and other public officials to expedite
arrival and departure of the aircraft. Air carrier representatives
will notify the WAFB Airfield Manager, in advance, of armed security
or law enforcement officers arriving or departing on a flight. BIA
officials and air carrier representatives must provide the WAFB
Airfield Manager a list of employees, contractors, and vehicles
requiring flightline access. Temporary passes will be issued to
authorized individuals and vehicles.
Fire, Crash, and Rescue Services
BIA will provide technical information and training for WAFB
Fire Department personnel prior to (date). Fire, Crash, and Rescue
Services will be provided in an emergency, but fire trucks will not
routinely park on the flightline for aircraft arrivals and
departures. BIA will reimburse WAFB for all such services.
Liability and Indemnification
The Air Force shall not be responsible for damages to property
or injuries to persons which may arise from or be incident to the
use of WAFB by BIA under this Agreement, or for damages to the
property of BIA or injuries to the person of BIA's officers, agents,
servants, employees, or invitees. BIA agrees to assume all risks of
loss or damage to property and injury or death to persons by reason
of or incident to the use of WAFB under this Agreement and expressly
waives any and all claims against the United States for any such
loss, damage, personal injury, or death caused by or occurring as a
consequence of such use. BIA further agrees to indemnify, save, and
hold the United States, its officers, agents, and employees harmless
from and against all claims, demands, or actions, liabilities,
judgments, costs, and attorneys fees, arising out of, claimed on
account of, or in any manner predicated upon personal injury, death
or property damage resulting from, related to, caused by, or arising
out of the use of WAFB under this Agreement.
Fees
Landing and parking fees will be charged in accordance with to
AFI 10-1001, Civil Aircraft Landing Permits. Charges will be made in
accordance with the appropriate Air Force Instructions for any
services or supplies required from WAFB. The WAFB Airfield Manager
will be responsible for consolidating all charges which will be
billed to BIA not later than (date) by the Accounting and Finance
Office.
In Witness Whereof, the respective duly authorized
representatives of the parties hereto have executed this Agreement
on the date set forth below opposite their respective signatures.
----------------------------------------------------------------------
BIA Representative
(Name and Title)
Date-------------------------------------------------------------------
----------------------------------------------------------------------
WAFB Representative
(Name and Title)
Date-------------------------------------------------------------------
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 95-6888 Filed 3-21-95; 8:45 am]
BILLING CODE 3910-01-P