PART 766—USE OF DEPARTMENT OF THE NAVY AVIATION FACILITIES BY CIVIL AIRCRAFT 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 Marine Corps aviation facilities by aircraft 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. (b) Civil aircraft. (1) Contract aircraft. (2) Leased aircraft. (c) Civil aviation. (1) Commercial aviation. (2) General aviation. (d) Facility. (e) Government aircraft. (1) Military aircraft. (2) Bailed aircraft. (3) Loaned aircraft. (f) Joint-use facility. (g) Official business. (h) Provisional use. (i) Scheduled use. (j) Services in connection with Government contracts. (k) Technical stop. (l) User. § 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. Provided, (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 Military personnel. (2) Civil employees of the U.S. Government. (3) Non-U.S. Government personnel. (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. (d) Test and experimental use. (e) Aircraft demonstrations. (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. (g) Diplomatic agreements. § 766.5 Conditions governing use of aviation facilities by civil aircraft. (a) Risk. (b) Military rules. (c) Federal aviation regulations. (d) Hours of operation. (e) Weather minimums. (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. (g) Customs, immigration, agriculture, and public health inspection. (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. (i) Emergency landings. (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 Facility License. A statement explaining the circumstances of the emergency landing must be noted in § 766.5 of the license application. If a narrative report from the pilot is available, it may be attached to the application. (2) Clearance of runway. (3) Repairs. (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 engines, 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. (4) Reimbursement for costs. ( a ( b ( c ( d (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. [35 FR 14451, Sept. 15, 1970, as amended at 51 FR 22804, June 23, 1986] § 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 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 government aircraft, for example: (1) Applications for use of more than one facility when the facilities are not under the control of one major command. (2) Application for use of naval aviation facilities when participating in U.S. Government or Department of Defense single-manager contract and charter airlift operations; i.e. (3) Application for a facility to be used as a regular civil airfield for a community, by either commercial or general aviation. (4) Requests for use of a facility by foreign civil or government aircraft when: (i) Such use is not covered by an agreement between the U.S. Government and the government of the aircraft's registry, or (ii) The facility is located in a country other than that in which the foreign aircraft is registered. § 766.7 How to request use of naval aviation facilities. (a) Forms required. (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. (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 subdivisions, thereof, when used for official business of the owner. (4) Aircraft owned and operated by either Navy/Marine Corps Flying Clubs or Aero Clubs of other military services which are operated as instrumentalities of the U.S. Government. (5) Bailed aircraft, provided the bailment contract specifies that the U.S. Government is the insurer for liability. (c) Obtaining forms. (d) Preparation of forms. (2) The Certificate of Insurance will be completed by the insurer. Only the signed original certificate and one copy are required to be submitted. (e) Submission of forms. (2) Once the NAVFAC 7-11011/36, Certificate 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 approval. (f) Security deposit. (g) Nonexclusive use airports. § 766.8 Procedure for review, approval, execution and distribution of aviation facility licenses. (a) Review of application by the commanding officer. (b) Processing application. (c) Action by the Commander, Naval Facilities Engineering Command or his designated representative. (2) Upon approval, he will then execute the license in triplicate, conform all additional copies, and make distribution as provided in paragraph (d) of this section. Applications which are not approved will be returned to the applicant with an explanation of deficiencies which must be corrected prior to execution. (d) Distribution. 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 Operations (OP-53). Conformed copy—To the cognizant commander 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 charter airlift operations. Conformed copy—To the Military Traffic Management and Terminal Service (MTMTS) for DOD contract or charter airlift operations. (2) Licenses issued under this authority are to be disposed of under provisions of paragraph 4280 of SECNAVINST 5212.5B, Disposal of Navy and Marine Corps Records. In accordance 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 Federal records center when superseded, revoked, canceled, or expired for retention by the center until expiration of the 6-year retention period. § 766.9 Insurance requirements. (a) Control of insurance. (b) Insurance coverage. (1) Privately owned commercially-operated aircraft used for cargo carrying only and aircraft being flight-tested or ferried without passengers will be insured for: (i) Bodily injury liability. (ii) Property damage liability. (2) Privately owned commercially-operated aircraft used for passenger carrying and privately owned noncommercially-operated aircraft of 12,500 pounds or more certified maximum gross takeoff weight will be insured for: (i) Bodily injury liability excluding passengers (ii) Property damage liability. (iii) Passenger liability. (3) Privately owned noncommercially-operated aircraft of less than 12,500 pounds will be insured for: (i) Bodily injury liability excluding passengers (ii) Property damage liability. (iii) Passenger liability. (4) Aircraft insured for a single limit of liability must have coverage equal to or greater than the combined required minimums for bodily injury, property damage, and passenger liability for the type of use requested and for the passenger capacity and gross takeoff weight of the aircraft being operated. For example: the minimum single limit of liability acceptable for an aircraft operating as described in paragraph (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 provide that: (i) The insurer waives any right to subrogation the insurer may have against the United States by reason of any payment under the policy for damage 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 Facilities Engineering Command, Department 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 cancellation or reduction, the insurer shall notify the Commander, Naval Facilities Engineering Command, Department of the Navy, Washington, DC 20390 immediately upon receipt of such request. (c) Exemption. § 766.10 Cancellation or suspension of the aviation facility license (OPNAV Form 3770/1). (a) Cancellation. (2) If the commanding officer of a naval aviation facility has reason to believe that the use of an Aviation Facility License is not in accordance with the terms of the license he should immediately notify the Chief of Naval Operations, giving the name of the user, the Aviation Facility License number, and citing the circumstances of the misuse. (b) Suspension. § 766.11 Fees for landing, parking and storage. (a) The commanding officer of a facility will collect landing, parking, and storage fees, as applicable, from all users required to have an Aviation Facility License by § 766.7 except for the following: (1) Government aircraft (see definition § 766.2(g)) except that foreign government 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 definition § 766.2(b)(1)) or other civil aircraft which is authorized to use the facility on official business. (4) Aircraft employed to train operators in the use of precision approach systems (GCA, ILS, et al.) provided full-stop or touch-and-go landings are not performed. (5) Aircraft owned and operated by either Navy/Marine Corps Flying Clubs or Aero Clubs or other military services which are operated as instrumentalities of the U.S. Government. (6) Aircraft owned and operated by military personnel on active duty (Regular and Reserve) or retired, provided the aircraft is not used for commercial purposes. (7) Landing fees incident to emergency landings for which the landing fee has been waived by the commanding officer in accordance with § 766.5(i)(5)(i). (b) Fee for unauthorized landing. (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. Charge Per Landing Inside CONUS—0.20/1,000 pounds or any portion thereof with a minimum of $5. Outside CONUS—0.30/1,000 pounds or any portion thereof with a minimum of $7.50. (d) Parking and storage fees. (1) Outside a hangar. (2) Inside a hangar. (e) Reimbursement. § 766.12 Unauthorized landings. An aircraft that lands at a Navy/Marine Corps aviation facility without obtaining prior permission from an approving authority, except in a bona fide emergency, is in violation of this part. Civil aircraft landing in violation of this regulation will have to pay the fee prescribed in § 766.11(b). In those cases where an unauthorized landing is made at a facility within a Naval Defense Area, proclaimed as such by Executive order of the President, civil aircraft may be impounded and the operator prosecuted 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, explaining in item 6 of that form the reason for the landing. (2) In lieu of submitting a Certificate of Insurance (NAVFAC 7-11011/36), the insurer must furnish evidence of sufficient insurance to include waiver of any right of subrogation against the United States, and that such insurance applies to the liability assumed by the insured under OPNAV Form 3770/1. (3) When it appears that the violation may have been deliberate, or is a repeated violation, departure authorization must be obtained from the Chief of Naval Operations. (4) Waiver of the requirements in paragraphs (b)(1) and (2) of 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, services and supplies. (a) General policy. (b) Contract aircraft.