area separate from those of the Navy or Marine Corps. (g) Official business. Business, in the interest of the U.S. Government, which personnel aboard an aircraft must transact with U.S. Government organi:zations or personnel at or near the naval aviation facility concerned. Use of a facility to solicit U.S. Government business is not "official business." (h) Provisional use. Use of a naval aviation facility for the purpose of providing adequate service to a community where, because of repair, construction or the performance of other work, the regular civil airport servicing the community is not available for an extended period. (An aircraft may be dispatched prior to takeoff from the airport of origin to a naval aviation facility authorized for provisional use.) (i) Scheduled use. Use of a facility on a scheduled or regularly recurring basis by an air carrier certified by the Civil Aeronautics Board to provide passenger and cargo service to a community or area. (j) Services in connection with Government contracts. This type of operation, cited on the Aviation Facility License, indicates the use of a facility for transporting the contractor's supplies and personnel for the performance of work at the facility under the terms of a specific U.S. Government contract. (k) Technical stop. An en route landing for the purpose of obtaining fuel, oil, minor repairs, or crew rest. This does not include passenger accommodations nor passenger/cargo enplaning or deplaning privileges unless specifically authorized by the Chief of Naval Operations. (1) User. An individual, corporation, or company named in the Aviation Facility License and the Certificate of In surance. § 766.3 Authority. Section 1107(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1507, 1508) states that "Air navigation facilities owned or operated by the United States may be made available for public use under such conditions and to such extent as the head of the department or other agency having jurisdiction thereof deems advisable and may by regulation prescribe." (See § 766.13 for restrictions imposed by the Federal Aviation Act of 1958.) § 766.4 Policy. Navy and Marine Corps aviation facilities are established to support the operation of Navy and Marine Corps aircraft. Equipment, personnel and material are maintained only at a level necessitated by these requirements and shall not be used to support the operation or maintenance of civil aircraft or non U.S. Government aircraft, except as noted below. (Nothing in this part, however, should be interpreted to prohibit any aircraft from landing at any suitable Navy or Marine Corps aviation facility in case of a bona fide emergency.) (See § 766.5 (i).) (a) General. Subject to the procedures established elsewhere in this part, civil aircraft and government aircraft, other than those belonging to the U.S. Government may use Navy or Marine Corps facilities, if necessary, Provided, That: (1) They do not interfere with military requirements, and the security of military operations, facilities, or equipment is not compromised. (2) No adequate civil airport is available. (Exception to this provision may be made when the aircraft is operated in connection with official business as defined in this part.) (3) Pilots comply with regulations promulgated by the cognizant military agency and the commanding officer of the facility. (4) Civil aircraft users assume the risk in accordance with the provisions of the Aviation Facility License. (5) Each aircraft is equipped with two-way radio which provides a capability for voice communications with the control tower on standard Navy/Marine Corps frequencies. (6) The user, or requesting government, has obtained permission through diplomatic channels from the host country wherein the facility of intended landing is located, if applicable. (b) Civil Aircraft owned and operated by (1) Military Personnel. Private aircraft owned and operated by active duty U.S. military personnel or by Navy/ Marine Corps Reservists on inactive duty may be authorized to land at a facility, provided such aircraft is not engaging in air commerce, and such landing is for official business required by written orders. Under no conditions shall such aircraft be allowed to base or operate from a facility for personal convenience nor base at a facility under the guise of official business. (2) Civil employees of the U.S. Government. Private aircraft owned and operated by civil employees of the U.S. Government may be authorized to land at a facility, provided such aircraft is not engaging in air commerce, and such landing is for official business required by written orders. Such aircraft shall not be allowed to base or operate from a facility for personal convenience. (Employees of U.S. Government contractors are not considered civil employees of the U.S. Government.) (3) Non-U.S. Government personnel. An individual or corporation owned and/or operated aircraft may be authorized to land at a facility for: (i) Sales or service representation to authorized military agents (e.g. the exchange, commissary, or contracting officer). (ii) Services in connection with U.S. Government contracts. Contracting agency and contract number(s) must be cited in the application for an Aviation Facility License. (c) Department of defense charter or contract. Aircraft operating under a Military Traffic Management and Terminal Service (MTMTS), Military Airlift Command (MAC), or Navy charter or contract for the movement of DOD passengers or cargo may be authorized to use Navy or Marine Corps aviation facilities when required for loading, en route or terminal stops. (d) Test and experimental use. Aircraft being produced for a military agency under contract may use Navy/ Marine Corps facilities for testing and experimental purposes, if the contract so provides, or if it is determined to be in the best interests of the U.S. Government to do so. Unless otherwise provided in the contract, an Aviation Facility License is required, and the user shall furnish a Certificate of Insurance as provided in this part. (e) Aircraft demonstrations. Manufacturers of aircraft or installed equipment may be authorized to use Navy Marine Corps facilities in demonstrating and/or showing aircraft or installed equipment to officials of the U.S. Government when: (1) It is determined to be in the best interest of the U.S. Government. (2) The aircraft was produced in accordance with U.S. Government specifications either with or without the aid of Federal funds. (3) There is an expressed interest on the part of the U.S. Government officials responsible for procurement, approval, or certification of the aircraft. (f) Joint use. When a specfic agreement is entered into by the Department of the Navy pertaining to joint civil/military use of a Navy or Marine Corps facility, the terms of that agreement shall take precedence over the provisions of this part. (g) Diplomatic agreements. For diplomatic agreements and clearances to use U.S. Navy and Marine Corps aviation facilities in foreign countries, the provisions of this part are subject to the provisions of status of forces agreements, treaties of mutual cooperation or other international agreements. This part shall be used as a guide in negotiating agreements at the local level with representatives of a foreign military service, the U.S. Embassy, and the host government concerning the use of naval facilities by other than U.S. military aircraft. Approval shall be obtained from the Chief of Naval Operations for proposed terms which are in conflict with this part. § 766.5 Conditions governing use of aviation facilities by civil aircraft. (a) Risk. The use of Navy or Marine Corps aviation facilities by civil aircraft shall be at the risk of the operator. Except as hereinafter provided for U.S. Government contractors, the Department of the Navy shall assume no liability or responsibility by reason of the condition of the landing area, taxiways, radio and navigational aids, or other equipment or for notification of such condition; or by the acts of its agents in connection with the granting of the right to use such naval facility. No responsibility is assumed for the security of or damage to aircraft while on property owned or controlled by the U.S. Government. (b) Military rules. Operators of civil aircraft utilizing a Navy or Marine Corps aviation facility shall be required to comply with the air and ground rules promulgated by the Department of the Navy and the commanding officer of the aviation facility. Such compliance shall pertain specifically to clearance authorization for the entry, departure, or movement of aircraft within the confines of the terminal area normally controlled by the commanding officer of the aviation facility. (c) Federal aviation regulations. Operators of civil aircraft shall be required to comply with all Federal Aviation Administration (FAA) rules and regulations including filing of flight plans. When such flight plans are required, they shall be filed with the commanding officer or his authorized representative prior to the departure of the aircraft. When such a flight plan is not required, a list of passengers and crew members, the airport of first intended landing, the alternate airport, and fuel supply in hours shall be placed on file prior to takeoff, with the commanding officer or with the local company representative as appropriate. (d) Hours of operation. The use of a Navy/Marine Corps aviation facility by civil aircraft shall be limited to the hours when the facility is normally in operation. (e) Weather minimums. Civil aircraft shall comply with weather minimums as follows: (1) Visual Flight Operations shall be conducted in accordance with Federal Aviation Regulations (FAR), § 91.105 of this title. If more stringent visual flight rules minimums have been established for the point of departure or destination, as noted in the aerodrome remarks section of the Department of Defense Flight Information Publication (en Route) Instrument Flight Rules-Supplement, then the ceiling and visibility must be at or above these minimums in the applicable control zone. (2) Instrument flight operations shall be conducted in accordance with FAR, § 91.116 of this title. (f) Inspection. The commanding officer may conduct such inspection of a transiting civil aircraft and its crew, passengers and cargo as he may consider appropriate or necessary to the carrying out of his duties and responsibilities. (g) Customs, immigration, agriculture, and public health inspection. (1) The civil aircraft commander shall be responsible for compliance with all applicable customs, immigration, agriculture, and public health laws and regulations. He shall also be responsible for paying fees, charges for overtime services, and for all other costs connected with the administration of such laws and regulations. (2) The commanding officer of the Navy/Marine Corps aviation facility will inform the appropriate public officials of the arrival of civil aircraft subject to such laws and regulations. He will not issue clearances for a civil aircraft to takeoff until such laws and regulations have been complied with. Procedures for insuring compliance with such laws and regulations shall be as mutually agreed to by the commanding officer of the aviation facility and the local public officials. (h) Weather alternate. If a Navy/ Marine Corps aviation facility has been approved for use as an alternate airport, radio clearance must be obtained from such facility as soon as the decision is made en route for such use. (i) Emergency landings. Any aircraft may land at a Navy/Marine Corps aviation facility when necessary as a result of a bona fide emergency. However, whenever the nature of the emergency permits the pilot to select the time and place of landing, it is preferred that the pilot land his aircraft at a civil field. (1) Report. After an emergency landing the pilot will be requested to file with the commanding officer of the facility a complete narrative report of the circumstances pertaining to the emergency. If such a report cannot be obtained, the commanding officer will prepare a report using the facts available to him. The report shall be submitted to the appropriate Federal Aviation Administration General Aviation District Office if the facility is within the United States, its territories, or possessions. If the facility is located in a foreign country, the report shall be submitted to the U.S. naval attache. A copy of the report shall be forwarded to the Chief of Naval Operations (OP-53). (2) The commanding officer of the aviation facility will require that the pilot of the aircraft pay all fees and charges and execute the Aviation Facility License. A statement explaining the circumstances of the emergency landing must be noted in section 766.5 of the license application. If a narrative report from the pilot is available, it may be attached to the application. (3) Clearance of runway. The Department of the Navy reserves the right to use any method to clear a runway of aircraft or wreckage consistent with operational requirements. Care will be exercised to preclude unnecessary damage in removing wrecked aircraft; however, the Navy assumes no liability as a result of such removal. (4) Repairs. (i) Aircraft requiring major repairs may be stored temporarily in damaged condition. If repairs cannot be completed within a reasonable time, the aircraft must be removed from the facility by the owner or operator of the aircraft without delay. (ii) No aircraft will be given a major or minor overhaul. (iii) Engine or air frame minor components may be furnished, when not available through commercial sources, provided such supplies can be spared and are not known to be in short supply. The issuance of such supplies must be approved by the commanding officer. (iv) Minor components in short supply or major components for which there is a repeated demand can be furnished only on message authority obtained from the Aviation Supply Office, Philadelphia, Pa. (for continental facilities) or local fleet air command or major aviation supply depot (for extracontinental facilities). Complete egnines, airplane wings, or other major items of equipment shall not be furnished under this authority. (v) If the commanding officer believes it is desirable to furnish requested material or services in excess of the restrictions stated herein, he shall request instructions from the Chief of Naval Operations, giving a brief description of the material or services requested together with his recommendations. (5) Reimbursement for costs. (i) The civil user making an emergency landing will be billed in accordance with paragraphs 032500-032503 of the NAV COMPT Manual and paragraphs 2534525363 of the NAVSUP Manual for payment of all costs incurred by the Government as a direct result of the emergency landing. Such costs will include those associated with labor, material, rental of equipment, vehicles or tools, etc., for: (a) Spreading foam on runway before the aircraft attempts emergency landing. (b) Fire and crash control and rescue. (c) Movement and storage of aircraft or wreckage. (d) Damage to runway, lights, navigation aids, etc. (ii) There will be no charge for naval meteorological services and naval communications facilities for the handling of arrival and departure reports, air traffic control messages, position reports and safety messages. (iii) The determination as to whether landing fees shall be charged pursuant to an emergency landing for maintenance or repair shall be the prerogative of the commanding officer of the facility. § 766.6 Approving authority for landings at Navy/Marine Corps aviation facilities. (a) Except as indicated in paragraphs (b) and (c) of this section, the commanding officer of an active Navy/ Marine Corps aviation facility may approve or disapprove landings of civil aircraft at his facility when such landing is: (1) Directly connected with or in support of U.S. Government business (except those listed in paragraph (c) of this section). (2) In connection with U.S. Government or community interests on an infrequent basis when no adequate civil airport is reasonably available. (3) By aircraft owned and operated by Navy/Marine Corps Flying Clubs or U.S. Army or Air Force Aero Clubs which are operated as instrumentalities of the U.S. Government. (4) By aircraft owned and operated by U.S. Government personnel when such use is in accordance with § 766.4 (b) (1) and (2). (5) By civil aircraft either owned or personally chartered by: (i) The President or Vice President of the United States or a past President of the United States. (ii) The head of any Federal department or agency. (iii) A Member of Congress. (6) By a bailed, leased, or loaned aircraft (as defined in § 766.2) when operated in connection with official business only. (7) By aircraft owned and operated by States, counties, or municipalities of the United States when used for official business of the owner. (b) Except as limited by paragraph (c) of this section, the Commander in Chief, U.S. Naval Forces, Europe; Chief of Naval Material; Commander in Chief, U.S. Atlantic Fleet; Commander in Chief, U.S. Pacific Fleet; Chief of Naval Air Training; Commander, Pacific Missile Range; Commander, Marine Corps Air Bases, Eastern Area; Commander, Marine Corps Air Bases, Western Area; and Commanding General, Fleet Marine Force, Pacific may approve civil aircraft use of any active aviation facility under their control. (At overseas locations, aircraft landing authorizations must be in consonance with the provisions of applicable international agreements.) (c) The Chief of Naval Operations (1) Applications for use of more than (2) Application for use of naval avia- Management and Service § 766.7 How to request use of naval avi- (a) Forms required. Each applicant (1) Execute an application for an (2) Submit a Certificate of Insurance (b) Exceptions. Exceptions to the fore- (1) Aircraft owned and operated by (2) Aircraft owned and operated or (3) Aircraft owned and operated by (4) Aircraft owned and operated by which are operated as instrumentalities (5) Bailed aircraft, provided the bail- (c) Obtaining forms. The applicant (d) Preparation of forms. (1) The (2) The Certificate of Insurance will (e) Submission of forms. (1) The (2) Once the NAVFAC 7-11011/36, (f) Security deposit. All applications, (g) Nonexclusive use airports. When |