PWS 2.0_m_CFR Title 32 Part 766.pdf

32 CFR Ch. VI (7–1–20 Edition) Pt. 766

PART 766—USE OF DEPARTMENT OF

THE NAVY AVIATION FACILITIES

BY CIVIL AIRCRAFT

Sec.

766.1 Purpose.

766.2 Definition of terms.

766.3 Authority.

766.4 Policy.

766.5 Conditions governing use of aviation

facilities by civil aircraft.

766.6 Approving authority for landings at

Navy/Marine Corps aviation facilities.

766.7 How to request use of naval aviation

facilities.

766.8 Procedure for review, approval, execu-

tion and distribution of aviation facility licenses.

766.9 Insurance requirements.

766.10 Cancellation or suspension of the

aviation facility license (OPNAV Form 3770/1).

766.11 Fees for landing, parking and storage.

766.12 Unauthorized landings.

766.13 Sale of aviation fuel, oil, services and

supplies.

AUTHORITY: 49 U.S.C. 1507.

SOURCE: 35 FR 14451, Sept. 15, 1970, unless otherwise noted.

NOTE: The provisions of this part 766 are SECNAV Instruction 3770.1B of 30 June 1970.

§ 766.1 Purpose.

This part establishes the policy and procedures for the use of Navy and Ma-rine Corps aviation facilities by air-craft other than U.S. Department of Defense aircraft.

§ 766.2 Definition of terms.

For the purpose of this part certain terms are defined as follows:

(a) Alternate use. Use of the aviation facility, specified in the flight plan, to which an aircraft may divert when a landing at the point of first intended landing becomes impractical because of weather. (Aircraft may not be dis-patched, prior to takeoff from the air-port of origin, to a facility licensed for alternate use.)

(b) Civil aircraft. Domestic or foreign aircraft operated by private individuals or corporations, or foreign govern-ment-owned aircraft operated for com-mercial purposes. This includes:

(1) Contract aircraft. Civil aircraft op-erated under charter or other contract to any U.S. Government department or agency.

(2) Leased aircraft. U.S. Government-owned aircraft delivered by the Gov-ernment to a lessee subject to terms prescribed in an agreement which does not limit the lessee’s use of the aircraft to Government business.

(c) Civil aviation. All flying activity by civil aircraft including:

(1) Commercial aviation. Transpor-tation by aircraft of passengers or cargo for hire and the ferrying of air-craft as a commercial venture.

(2) General aviation. All types of civil aviation other than commercial avia-tion as defined above.

(d) Facility. A separately located and officially defined area of real property in which the Navy exercises a real property interest and which has been designated as a Navy or Marine Corps aviation facility by cognizant author-ity; or where the Department of the Navy has jurisdiction over real prop-erty agreements, expressed or implied, with foreign governments, or by rights of occupation. (This definition does not include aircraft carriers nor any other type of naval vessel with a landing area for aircraft.)

(e) Government aircraft. Aircraft owned or operated by any department or agency of either the United States or a foreign government (except a for-eign government-owned aircraft oper-ated for commercial purposes). Also aircraft owned by any department, agency, or political subdivision of a State, territory, or possession of the United States when such local govern-ment has sole responsibility for oper-ating the aircraft. Government aircraft includes:

(1) Military aircraft. Aircraft used in the military services of any govern-ment.

(2) Bailed aircraft. U.S. Government-owned aircraft delivered by the Gov-ernment to a Government contractor for a specific purpose directly related to a Government contract.

(3) Loaned aircraft. U.S. Government-owned aircraft delivered gratuitously by any Department of Defense agency to another Government agency, to a U.S. Navy or Marine Corps Flying Club, or to a U.S. Army or Air Force Aero Club.

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Department of the Navy, DoD § 766.4

(f) Joint-use facility. A Navy or Marine Corps facility where a specific agree-ment between the Department of the Navy and a civilian community, or be-tween the U.S. Government and a for-eign government, provides for civil air-craft use of the runways and taxiways.

Civil aircraft terminal, parking, and servicing facilities are established and controlled by civil authorities in an area separate from those of the Navy or Marine Corps.

(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 pro-viding adequate service to a commu-nity where, because of repair, construc-tion or the performance of other work, the regular civil airport servicing the community is not available for an ex-tended period. (An aircraft may be dis-patched prior to takeoff from the air-port of origin to a naval aviation facil-ity 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 pas-senger and cargo service to a commu-nity or area.

(j) Services in connection with Govern-ment contracts. This type of operation, cited on the Aviation Facility License, indicates the use of a facility for trans-porting the contractor’s supplies and personnel for the performance of work at the facility under the terms of a spe-cific U.S. Government contract.

(k) Technical stop. An en route land-ing for the purpose of obtaining fuel, oil, minor repairs, or crew rest. This does not include passenger accom-modations nor passenger/cargo enplan-ing or deplaning privileges unless spe-cifically authorized by the Chief of Naval Operations.

(l) User. An individual, corporation, or company named in the Aviation Fa-cility License and the Certificate of In-surance.

§ 766.3 Authority.

Section 1107(a) of the Federal Avia-tion 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 ex-tent as the head of the department or other agency having jurisdiction there-of deems advisable and may by regula-tion prescribe.’’ (See § 766.13 for restric-tions imposed by the Federal Aviation Act of 1958.)

§ 766.4 Policy.

Navy and Marine Corps aviation fa-cilities are established to support the operation of Navy and Marine Corps aircraft. Equipment, personnel and ma-terial are maintained only at a level necessitated by these requirements and shall not be used to support the oper-ation or maintenance of civil aircraft or non U.S. Government aircraft, ex-cept 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. Gov-ernment may use Navy or Marine Corps facilities, if necessary, Provided, That:

(1) They do not interfere with mili-tary requirements, and the security of military operations, facilities, or equipment is not compromised.

(2) No adequate civil airport is avail-able. (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 capa-bility for voice communications with the control tower on standard Navy/ Marine Corps frequencies.

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32 CFR Ch. VI (7–1–20 Edition) § 766.5

(6) The user, or requesting govern-ment, has obtained permission through diplomatic channels from the host country wherein the facility of in-tended landing is located, if applicable.

(b) Civil Aircraft owned and operated by—(1) Military personnel. Private air-craft owned and operated by active duty U.S. military personnel or by Navy/Marine Corps Reservists on inac-tive 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. Govern-ment. Private aircraft owned and oper-ated 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 re-quired by written orders. Such aircraft shall not be allowed to base or operate from a facility for personal conven-ience. (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 ex-change, commissary, or contracting of-ficer).

(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 Ter-minal Service (MTMTS), Military Air-lift 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 experi-mental purposes, if the contract so pro-vides, 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 Li-cense is required, and the user shall furnish a Certificate of Insurance as provided in this part.

(e) Aircraft demonstrations. Manufac-turers of aircraft or installed equip-ment may be authorized to use Navy/ Marine Corps facilities in dem-onstrating 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 ac-cordance with U.S. Government speci-fications either with or without the aid of Federal funds.

(3) There is an expressed interest on the part of the U.S. Government offi-cials responsible for procurement, ap-proval, or certification of the aircraft.

(f) Joint use. When a specific agree-ment is entered into by the Depart-ment of the Navy pertaining to joint civil/military use of a Navy or Marine Corps facility, the terms of that agree-ment shall take precedence over the provisions of this part.

(g) Diplomatic agreements. For diplo-matic agreements and clearances to use U.S. Navy and Marine Corps avia-tion facilities in foreign countries, the provisions of this part are subject to the provisions of status of forces agree-ments, treaties of mutual cooperation or other international agreements.

This part shall be used as a guide in ne-gotiating agreements at the local level with representatives of a foreign mili-tary 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 ob-tained from the Chief of Naval Oper-ations 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 air-craft shall be at the risk of the oper-ator. Except as hereinafter provided for U.S. Government contractors, the De-partment of the Navy shall assume no

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Department of the Navy, DoD § 766.5 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 se-curity 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 re-quired to comply with the air and ground rules promulgated by the De-partment of the Navy and the com-manding officer of the aviation facil-ity. Such compliance shall pertain spe-cifically to clearance authorization for the entry, departure, or movement of aircraft within the confines of the ter-minal area normally controlled by the commanding officer of the aviation fa-cility.

(c) Federal aviation regulations. Opera-tors of civil aircraft shall be required to comply with all Federal Aviation Administration (FAA) rules and regu-lations including filing of flight plans.

When such flight plans are required, they shall be filed with the com-manding officer or his authorized rep-resentative 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 in-tended landing, the alternate airport, and fuel supply in hours shall be placed on file prior to takeoff, with the com-manding officer or with the local com-pany 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 estab-lished for the point of departure or des-tination, as noted in the aerodrome re-marks section of the Department of Defense Flight Information Publica-tion (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 offi-cer may conduct such inspection of a transiting civil aircraft and its crew, passengers and cargo as he may con-sider appropriate or necessary to the carrying out of his duties and respon-sibilities.

(g) Customs, immigration, agriculture, and public health inspection. (1) The civil aircraft commander shall be re-sponsible for compliance with all appli-cable customs, immigration, agri-culture, and public health laws and regulations. He shall also be respon-sible for paying fees, charges for over-time 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 offi-cials of the arrival of civil aircraft sub-ject to such laws and regulations. He will not issue clearances for a civil air-craft 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 com-manding officer of the aviation facility and the local public officials.

(h) Weather alternate. If a Navy/Ma-rine Corps aviation facility has been approved for use as an alternate air-port, radio clearance must be obtained from such facility as soon as the deci-sion is made en route for such use.

(i) Emergency landings. Any aircraft may land at a Navy/Marine Corps avia-tion 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) The commanding officer of the aviation facility will require that the pilot of the aircraft pay all fees and charges and execute the Aviation Fa-cility License. A statement explaining the circumstances of the emergency

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32 CFR Ch. VI (7–1–20 Edition) § 766.6 landing must be noted in § 766.5 of the license application. If a narrative re-port from the pilot is available, it may be attached to the application.

(2) Clearance of runway. The Depart-ment 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 dam-age in removing wrecked aircraft; how-ever, the Navy assumes no liability as a result of such removal.

(3) Repairs. (i) Aircraft requiring major repairs may be stored tempo-rarily in damaged condition. If repairs cannot be completed within a reason-able time, the aircraft must be re-moved 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 com-ponents may be furnished, when not available through commercial sources, provided such supplies can be spared and are not known to be in short sup-ply. The issuance of such supplies must be approved by the commanding offi-cer.

(iv) Minor components in short sup-ply or major components for which there is a repeated demand can be fur-nished only on message authority ob-tained from the Aviation Supply Of-fice, Philadelphia, PA (for continental facilities) or local fleet air command or major aviation supply depot (for extracontinental facilities). Complete engines, airplane wings, or other major items of equipment shall not be fur-nished under this authority.

(v) If the commanding officer be-lieves it is desirable to furnish re-quested 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.

(4) Reimbursement for costs. (i) The civil user making an emergency land-ing will be billed in accordance with paragraphs 032500–032503 of the NAVCOMPT Manual and paragraphs 25345–25363 of the NAVSUP Manual for payment of all costs incurred by the

Government as a direct result of the emergency landing. Such costs will in-clude those associated with labor, ma-terial, rental of equipment, vehicles or tools, etc., for:

(a) Spreading foam on runway before the aircraft attempts emergency land-ing.

(b) Fire and crash control and rescue.

(c) Movement and storage of aircraft or wreckage.

(d) Damage to runway, lights, navi-gation aids, etc.

(ii) There will be no charge for naval meteorological services and naval com-munications facilities for the handling of arrival and departure reports, air traffic control messages, position re-ports and safety messages.

(iii) The determination as to whether landing fees shall be charged pursuant to an emergency landing for mainte-nance or repair shall be the prerogative of the commanding officer of the facil-ity.

[35 FR 14451, Sept. 15, 1970, as amended at 51 FR 22804, June 23, 1986]

§ 766.6 Approving authority for land-ings at Navy/Marine Corps aviation facilities.

(a) Except as indicated in paragraphs

(b) and (c) of this section, the com-manding officer of an active Navy/Ma-rine Corps aviation facility may ap-prove or disapprove landings of civil aircraft at his facility when such land-ing is:

(1) Directly connected with or in sup-port of U.S. Government business (ex-cept those listed in paragraph (c) of this section).

(2) In connection with U.S. Govern-ment or community interests on an in-frequent 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 instrumental-ities 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:

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Department of the Navy, DoD § 766.7

(i) The President or Vice President of the United States or a past President of the United States.

(ii) The head of any Federal depart-ment or agency.

(iii) A Member of Congress.

(6) By a bailed, leased, or loaned air-craft (as defined in § 766.2) when oper-ated in connection with official busi-ness only.

(7) By aircraft owned and operated by States, counties, or municipalities of the United States when used for offi-cial 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, Pa-cific Missile Range; Commander, Ma-rine Corps Air Bases, Eastern Area;

Commander, Marine Corps Air Bases, Western Area; and Commanding Gen-eral, 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 inter-national agreements.)

(c) The Chief of Naval Operations may approve any of the above requests, and is the only agency empowered to approve all other requests for use of naval facilities by civil and govern-ment aircraft, for example:

(1) Applications for use of more than one facility when the facilities are not under the control of one major com-mand.

(2) Application for use of naval avia-tion facilities when participating in U.S. Government or Department of De-fense single-manager contract and charter airlift operations; i.e., Military Airlift Command (MAC) or Military Traffic Management and Terminal Service (MTMTS).

(3) Application for a facility to be used as a regular civil airfield for a community, by either commercial or general aviation.

(4) Requests for use of a facility by foreign civil or government aircraft when:

(i) Such use is not covered by an agreement between the U.S. Govern-ment and the government of the air-craft’s registry, or

(ii) The facility is located in a coun-try other than that in which the for-eign aircraft is registered.

§ 766.7 How to request use of naval aviation facilities.

(a) Forms required. Each applicant de-siring use of a Navy/Marine Corps avia-tion facility will be required to:

(1) Execute an application for an Aviation Facility License (OPNAV Form 3770/1 (Rev. 7–70)).

(2) Submit a Certificate of Insurance (NAVFAC 7–11011/36) showing coverage as provided by § 766.9 of this part.

(b) Exceptions. Exceptions to the fore-going requirements are:

(1) Aircraft owned and operated by departments or agencies of the U.S.

Government for official business.

(2) Aircraft owned and operated or noncommercial purposes by agencies of a foreign government, except in cases where the foreign government charges fees for U.S. Government aircraft.

(3) Aircraft owned and operated by States, possessions, and territories of the United States and political subdivi-sions, thereof, when used for official business of the owner.

(4) Aircraft owned and operated by ei-ther Navy/Marine Corps Flying Clubs or Aero Clubs of other military serv-ices which are operated as instrumen-talities of the U.S. Government.

(5) Bailed aircraft, provided the bail-ment contract specifies that the U.S.

Government is the insurer for liability.

(c) Obtaining forms. The applicant may obtain the required forms listed in paragraph (a) of this section, from the commanding officer of any Navy or Marine Corps aviation facility or from the Chief of Naval Operations (OP–53C).

Navy units may obtain the forms through regular supply channels as a Cog ‘‘I’’ item.

(d) Preparation of forms. (1) The li-cense application will be completed in quadruplicate by the applicant in ac-cordance with detailed instructions set forth in Aviation Facility License (OPNAV Form 3770/1 (REV. 7–70)).

(2) The Certificate of Insurance will be completed by the insurer. Only the signed original certificate and one copy are required to be submitted.

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32 CFR Ch. VI (7–1–20 Edition) § 766.8

(e) Submission of forms. (1) The forms executed by the applicant shall be sub-mitted to the commanding officer of the aviation facility concerned, except that applications requiring approval by higher authority shall be submitted to the appropriate approving authority, as indicated in paragraph (b) or (c) of this section at least 30 days prior to the first intended landing.

(2) Once the NAVFAC 7–11011/36, Cer-tificate of Insurance, is on file with an executing authority, it is valid until insurance expiration date and may be used by that executing authority as a basis for his action on any subsequent OPNAV Forms 3770/1 submitted for ap-proval.

(f) Security deposit. All applications, other than those listed in § 766.11(a) contemplating more than one landing per month, will be accompanied by a security deposit in the form of a cer-tified check payable to the ‘‘Treasurer of the United States’’ in payment of the estimated costs of landing, hangar and outside parking fees, for 3 months in advance, calculated as provided in § 766.11 (c) and (d). Security deposits will be handled as set forth in para-graph 032102 of the NAVCOMPT Man-ual.

(g) Nonexclusive use airports. When ei-ther the Chief of Naval Operations or Commandant of the U.S. Marine Corps does not have exclusive operational control over a landing area, the air-craft operator will obtain permission to land from the appropriate civil or military authority.

§ 766.8 Procedure for review, approval, execution and distribution of avia-tion facility licenses.

(a) Review of application by the com-manding officer. The commanding offi-cer will review each application for Aviation Facility License and Certifi-cate of Insurance received and deter-mine whether such forms have been completed by the applicant in accord-ance with the instructions for their preparation as indicated in the Avia-tion Facility License (OPNAV Form 3770/1 (REV. 7–70)) and the Certificate of Insurance (NAVFAC 7–11011/36(7–70)).

As appropriate, the commanding offi-cer will require each applicant to fur-nish a security deposit as stipulated in § 766.7(f).

(b) Processing application. The com-manding officer will approve/dis-approve the application or forward it to higher authority for approval as re-quired by § 766.6(b) or (c). If the applica-tion is approved, the approving author-ity will then forward all copies of the license and Certificate of Insurance to the Commander, Naval Facilities Engi-neering Command or his designated representative for review and execu-tion of the license.

(c) Action by the Commander, Naval Facilities Engineering Command or his designated representative. (1) Upon re-ceipt, the Commander, Naval Facilities Engineering Command, or his des-ignated representative, will review the license and Certificate of Insurance. He shall determine whether the insurance coverage conforms to the requirements prescribed by § 766.9 of this part or to such requirements as may be promul-gated from time to time by the Chief of Naval Material.

(2) Upon approval, he will then exe-cute the license in triplicate, conform all additional copies, and make dis-tribution as provided in paragraph (d) of this section. Applications which are not approved will be returned to the applicant with an explanation of defi-ciencies which must be corrected prior to execution.

(d) Distribution. (1) After execution of a license, distribution will be made as follows:

Original—To the licensee.

Executed copy—To the commanding officer.

Executed copy—To the Commander, Naval

Facilities Engineering Command or his designated representative.

Conformed copy—To the Chief of Naval Oper-ations (OP–53).

Conformed copy—To the cognizant com-mander under § 766.6(b).

Conformed copy—To the disbursing officer serving the performing activity in the case of local deposits, and to the Office of the Navy Comptroller (NAFC3) in the case of central deposits held at the Washington, DC level.

Conformed copy—To the Military Airlift Command (MAC) for DOD contract or char-ter airlift operations.

Conformed copy—To the Military Traffic Management and Terminal Service (MTMTS) for DOD contract or charter air-lift operations.

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Department of the Navy, DoD § 766.9

(2) Licenses issued under this author-ity are to be disposed of under provi-sions of paragraph 4280 of SECNAVINST 5212.5B, Disposal of Navy and Marine Corps Records. In ac-cordance therewith, official executed copies of licenses are to be retained for a period of 6 years after completion or termination of the agreement. They may be transferred to the nearest Fed-eral records center when superseded, revoked, canceled, or expired for reten-tion by the center until expiration of the 6-year retention period.

§ 766.9 Insurance requirements.

(a) Control of insurance. The Com-mander, Naval Facilities Engineering Command, or his designee, shall be re-sponsible for requiring aircraft owners or operators to procure and maintain liability insurance conforming to the standards prescribed by the Chief of Naval Material. The insurance policy must be obtained at the expense of the civil aircraft owner or operator and with a company acceptable to the U.S.

Navy.

(b) Insurance coverage. Except for those aircraft exempted by paragraph

(c) below, each civil aircraft is required to be covered by insurance of the types and minimum limits established by the Chief of Naval Material. The Certifi-cate of Insurance, must state all cov-erages in U.S. dollars. Current mini-mums are:

(1) Privately owned commercially-op-erated aircraft used for cargo carrying only and aircraft being flight-tested or ferried without passengers will be in-sured for:

(i) Bodily injury liability. At least $100,000 for each person in any one acci-dent with at least $1 million for each accident.

(ii) Property damage liability. At least $1 million for each accident.

(2) Privately owned commercially-op-erated aircraft used for passenger car-rying and privately owned noncommer-cially-operated aircraft of 12,500 pounds or more certified maximum gross take-off weight will be insured for:

(i) Bodily injury liability (excluding passengers). At least $100,000 for each person in any one accident with at least $1 million for each accident.

(ii) Property damage liability. At least $1 million for each accident.

(iii) Passenger liability. At least $100,000 for each passenger, with a min-imum for each accident determined as follows: multiply the minimum for each passenger, $100,000 by the next highest whole number resulting from taking 75 percent of the total number of passenger seats (exclusive of crew seats). For example: The minimum pas-senger coverage for each accident for an aircraft with 94 passenger seats is computed: 94 × 0.75 = 70.5—next highest whole number resulting in 71. There-fore, 71 × $100,000 = $7,100,000.

(3) Privately owned noncommer-cially-operated aircraft of less than 12,500 pounds will be insured for:

(i) Bodily injury liability (excluding passengers). At least $100,000 for each person in any one accident with at least $500,000 for each accident.

(ii) Property damage liability. At least $500,000 for each accident.

(iii) Passenger liability. At least $100,000 for each passenger, with a min-imum for each accident determined by multiplying the minimum for each pas-senger, $100,000 by the total number of passenger seats (exclusive of crew seats).

(4) Aircraft insured for a single limit of liability must have coverage equal to or greater than the combined re-quired minimums for bodily injury, property damage, and passenger liabil-ity for the type of use requested and for the passenger capacity and gross takeoff weight of the aircraft being op-erated. For example: the minimum sin-gle limit of liability acceptable for an aircraft operating as described in para-graph (b)(2) of this section is $1,000,000 + $1,000,000 + $7,100,000 = $9,100,000.

(5) Aircraft insured by a combination of primary and excess policies must have combined coverage equal to or greater than the required minimums for bodily injury, property damage, and passenger liability, for the type of use, and for the passenger capacity and gross takeoff weight of the aircraft.

(6) Each policy must specifically pro-vide that:

(i) The insurer waives any right to subrogation the insurer may have against the United States by reason of

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32 CFR Ch. VI (7–1–20 Edition) § 766.10 any payment under the policy for dam-age or injury which might arise out of or in connection with the insured’s use of any Navy installation or facility.

(ii) The insurance afforded by the policy applies to the liability assumed by the insured under OPNAV Form 3770/1, Aviation Facility License.

(iii) If the insurer cancels or reduces the amount of insurance afforded under the listed policy, the insurer shall send written notice of the cancellation or reduction to Commander, Naval Facili-ties Engineering Command, Depart-ment of the Navy, Washington, DC 20390 by registered mail at least 30 days in advance of the effective date of the cancellation; the policy must state that any cancellation or reduction will not be effective until at least 30 days after such notice is sent, regardless of the effective date specified therein.

(iv) If the insured requests cancella-tion or reduction, the insurer shall no-tify the Commander, Naval Facilities Engineering Command, Department of the Navy, Washington, DC 20390 imme-diately upon receipt of such request.

(c) Exemption. Government aircraft, as defined in § 766.2(e) are exempt from the insurance requirements specified above. However, this exemption applies to bailed aircraft only if the contract under which the aircraft is bailed specifies that insurance is not required.

§ 766.10 Cancellation or suspension of the aviation facility license (OPNAV Form 3770/1).

(a) Cancellation. (1) If the user fails to comply with the terms of the Aviation Facility License (OPNAV Form 3770/1) or of any applicable regulations, all current Aviation Facility Licenses for that user will be canceled. A canceled Aviation Facility License cannot be re-instated; a new application must be submitted for approval as explained in § 766.7.

(2) If the commanding officer of a naval aviation facility has reason to believe that the use of an Aviation Fa-cility License is not in accordance with the terms of the license he should im-mediately notify the Chief of Naval Op-erations, giving the name of the user, the Aviation Facility License number, and citing the circumstances of the misuse.

(b) Suspension. The approving author-ity, or the commanding officer of the facility, may suspend an approved Aviation Facility License when such li-censed use would be inconsistent with Navy/Marine Corps or national defense interests. Whenever possible, the De-partment of the Navy will avoid sus-pension of licenses which have been issued for official business or scheduled air carrier use. In all cases, suspensions will be lifted as quickly as possible. A suspension will not have the effect of extending the expiration date of an ap-proved Aviation Facility License.

§ 766.11 Fees for landing, parking and storage.

(a) The commanding officer of a facil-ity will collect landing, parking, and storage fees, as applicable, from all users required to have an Aviation Fa-cility License by § 766.7 except for the following:

(1) Government aircraft (see defini-tion § 766.2(g)) except that foreign gov-ernment aircraft will be charged fees if their government charges similar fees for U.S. Government aircraft.

(2) Aircraft being produced under a contract of the U.S. Government.

(3) Any contract aircraft (see defini-tion § 766.2(b)(1)) or other civil aircraft which is authorized to use the facility on official business.

(4) Aircraft employed to train opera-tors in the use of precision approach systems (GCA, ILS, et al.) provided full-stop or touch-and-go landings are not performed.

(5) Aircraft owned and operated by ei-ther Navy/Marine Corps Flying Clubs or Aero Clubs or other military serv-ices which are operated as instrumen-talities of the U.S. Government.

(6) Aircraft owned and operated by military personnel on active duty (Reg-ular and Reserve) or retired, provided the aircraft is not used for commercial purposes.

(7) Landing fees incident to emer-gency landings for which the landing fee has been waived by the com-manding officer in accordance with § 766.5(i)(5)(i).

(b) Fee for unauthorized landing. If an aircraft lands at a Navy/Marine Corps aviation facility without obtaining prior permission (except for a bona fide

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Department of the Navy, DoD § 766.13 emergency landing), a landing fee in excess of the normal landing fee will be charged to cover the additional ex-penses incurred due to special handling and processing. The fee for an unau-thorized landing will be as follows:

(1) For aircraft weighing less than 12,500 pounds: $100.

(2) For aircraft weighing 12,500 pounds but less than 40,000 pounds:

$250.

(3) For aircraft weighing 40,000 pounds but less than 100,000 pounds:

$500.

(4) For aircraft weighing above 100,000 pounds: $600.

(c) Normal landing fee. The normal landing fee is based on the aircraft maximum authorized gross takeoff weight, to the nearest 1,000 pounds. The maximum gross takeoff weight may be determined either from item 7F of OPNAV Form 3770/1 or from the ‘‘Air-plane Flight Manual’’ carried aboard each aircraft. If the weight cannot be determined, it should be estimated.

CHARGE PER LANDING

Inside CONUS—0.20/1,000 pounds or any por-tion thereof with a minimum of $5.

Outside CONUS—0.30/1,000 pounds or any por-tion thereof with a minimum of $7.50.

(d) Parking and storage fees. Fixed and rotary wing aircraft parking and stor-age fees are based upon the gross take-off weight of the aircraft as follows:

(1) Outside a hangar. Charges begin 6 hours after the aircraft lands. The rate is 10 cents per thousand pounds for each 24-hour period or fraction thereof, with a minimum charge of $1.50 per air-craft.

(2) Inside a hangar. Charges begin as soon as the aircraft is placed inside the hangar. The rate is 20 cents per 1,000 pounds for each 24-hour period or frac-tion thereof, with a minimum charge of $5 per aircraft.

(e) Reimbursement. Collections inci-dent to direct (out of pocket) costs will be credited to local operating and maintenance funds. All other collec-tions, such as for landing, parking, and storage fees will be credited to Navy General Fund Receipt Account 172426.

Accumulation of costs and preparation of billing documents are prescribed in paragraphs 032500–032503 of the NAVCOMPT Manual.

§ 766.12 Unauthorized landings.

An aircraft that lands at a Navy/Ma-rine Corps aviation facility without ob-taining prior permission from an ap-proving authority, except in a bona fide emergency, is in violation of this part. Civil aircraft landing in violation of this regulation will have to pay the fee prescribed in § 766.11(b). In those cases where an unauthorized landing is made at a facility within a Naval De-fense Area, proclaimed as such by Ex-ecutive order of the President, civil aircraft may be impounded and the op-erator prosecuted as indicated in OPNAVINST 5500.11C of November 12, 1963. In any event, before the aircraft is authorized to depart, the commanding officer of the facility will:

(a) Inform the aircraft operator of the provisions of this part and the OP NAVINST 5500.11C of November 12, 1963, if applicable.

(b) Require the aircraft operator (or owner), before takeoff, to pay all fees and charges and to comply with the following procedure:

(1) Execute OPNAV Form 3770/1, ex-plaining in item 6 of that form the rea-son for the landing.

(2) In lieu of submitting a Certificate of Insurance (NAVFAC 7–11011/36), the insurer must furnish evidence of suffi-cient insurance to include waiver of any right of subrogation against the United States, and that such insurance applies to the liability assumed by the insured under OPNAV Form 3770/1.

(3) When it appears that the violation may have been deliberate, or is a re-peated violation, departure authoriza-tion must be obtained from the Chief of Naval Operations.

(4) Waiver of the requirements in paragraphs (b)(1) and (2) of this section may be obtained from the Chief of Naval Operations to expedite removal of these aircraft when such waiver is considered appropriate.

[35 FR 14451, Sept. 15, 1970, as amended at 51 FR 22804, June 23, 1986]

§ 766.13 Sale of aviation fuel, oil, serv-ices and supplies.

(a) General policy. In accordance with sections 1107 and 1108 of the Federal Aviation Act of 1958 (72 Stat. 798 as amended, 49 U.S.C. 1507, 1508), Navy/

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32 CFR Ch. VI (7–1–20 Edition) Pt. 767

Marine Corps Aviation fuel, oil, serv-ices, and supplies are not sold to civil aircraft in competition with private enterprise. Sections 1107 and 1108 of Federal Aviation Act of 1958 (72 Stat.

798 as amended, 49 U.S.C. 1507, 1508), however, does authorize the sales of fuel, oil, equipment, supplies, mechan-ical service, and other assistance by reason of an emergency. Such sales will be made only where there is no com-mercial source and only in the amount necessary for the aircraft to continue on its course to the nearest airport op-erated by private enterprise.

(b) Contract aircraft. The sale of avia-tion fuel, oil, supplies, etc. to aircraft under U.S. Government contract or charter is permitted at, and limited to, points where passengers or cargo are loaded into or discharged from the air-craft under terms of the contract or charter. Sales are not authorized at naval aviation facilities where com-mercial supplies and service are avail-able.

PART 767—GUIDELINES FOR PER-

MITTING ARCHAEOLOGICAL IN-

VESTIGATIONS AND OTHER AC-

TIVITIES DIRECTED AT SUNKEN

MILITARY CRAFT AND TERRES-

TRIAL MILITARY CRAFT UNDER

THE JURISDICTION OF THE DE-

PARTMENT OF THE NAVY

Subpart A—Regulations and Obligations

Sec.

767.1 Purpose.

767.2 [Reserved]

767.3 Definitions.

767.4 Prohibited acts.

767.5 Policy.

Subpart B—Permit Requirements

767.6 Historic sunken military craft and ter-

restrial military craft permit applica-tion.

767.7 Evaluation of permit application.

767.8 Credentials of principal investigator.

767.9 Conditions of permits.

767.10 Requests for amendments or exten-

sions of active permits.

767.11 Content of permit holder’s final re-

port.

767.12 Special use permit application.

767.13 Monitoring of performance.

767.14 Amendment, suspension, or revoca-

tion of permits.

767.15 Application to foreign sunken mili-

tary craft and U.S. sunken military craft not under the jurisdiction of the Navy.

Subpart C—Enforcement Provisions for Vio-lations of the Sunken Military Craft Act and Associated Permit Conditions

767.16 Civil penalties for violations of Act or

permit conditions.

767.17 Liability for damages.

767.18 Notice of Violation and Assessment

(NOVA).

767.19 Procedures regarding service.

767.20 Requirements of respondent or per-

mit holder upon service of a NOVA.

767.21 Hearings.

767.22 Final administrative decision.

767.23 Payment of final assessment.

767.24 Compromise of civil penalty, enforce-

ment costs and/or liability for damages.

767.25 Factors considered in assessing pen-

alties.

767.26 Criminal law.

767.27 References.

AUTHORITY: 10 U.S.C. 113 note; Pub. L. 108– 375, Title XIV, sections 1401 to 1408, Oct. 28, 2004, 118 Stat. 2094; 5 U.S.C. 301; 16 U.S.C. 470.

SOURCE: 80 FR 52594, Aug. 31, 2015, unless otherwise noted.

Subpart A—Regulations and Obligations

§ 767.1 Purpose.

The purpose of this part is:

(a) To assist the Secretary in man-aging sunken military craft under the jurisdiction of the Department of the Navy (DON) pursuant to the Sunken Military Craft Act (SMCA), 10 U.S.C.

113 note; Public Law 108–375, Title XIV, sections 1401 to 1408, Oct. 28, 2004, 118 Stat. 2094.

(b) To establish the procedural rules for the issuance of permits authorizing persons to engage in activities directed at sunken military craft and terres-trial military craft under the jurisdic-tion of the DON for archaeological, his-torical, or educational purposes, when the proposed activities may disturb, re-move, or injure the sunken military craft or terrestrial military craft.

(c) To set forth the procedures gov-erning administrative proceedings for assessment of civil penalties or liabil-ity damages in the case of a sunken military craft permit violation or vio-lation of section 1402 of the SMCA.

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