15086 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

To prevent collapse of the NLG due to

cracking of the hinge pins, accomplish the

following:

(a) Perform a dye penetrant inspection to

detect cracking in the hinge pins of the NLG

in accordance with Avions de Transport

Regional Service Bulletin ATR72–32–1021,

dated January 17, 1994, at the time specified

in either paragraph (a)(1) or (a)(2) or this AD,

as applicable.

(1) For airplanes that have accumulated

10,000 total landings or more as of the

effective date of this AD: Within 1,000

landings after the effective date of this AD.

(2) For airplanes that have accumulated

less than 10,000 total landings as of the

effective date of this AD: Within 1,500

landings after the effective date of this AD.

(b) If no cracking is found, prior to further

flight, reinstall that hinge pin in accordance

with Avions de Transport Regional Service

Bulletin ATR72–32–1021, dated January 17,

1994.

(c) If cracking is found, prior to further

flight, install a new hinge pin or a pin that

has been previously inspected and found to

be crack-free, in accordance with the Avions

de Transport Regional Service Bulletin

ATR72–32–1021, dated January 17, 1994.

(d) As of the effective date of this AD, no

hinge pin manufactured by Nardi having part

number D56867 and any serial number

beginning with the letter ‘‘N,’’ shall be

installed on the NLG of any airplane, unless

that pin has been previously inspected and

has been found to be crack-free, in

accordance Avions de Transport Regional

Service Bulletin ATR72–32–1021, dated

January 17, 1994.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(f) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on March

16, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–6999 Filed 3–21–95; 8:45 am]

BILLING CODE 4910–13–U

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.

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

§ 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
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 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 jointuse 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.

§ 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 jointuse 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.

§ 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

§ 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.

§ 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
15088 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

1Copies 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.

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 § 855.6, and

§ 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 caseby-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.

§ 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

Operations 1.

Note: This includes aircraft owned by

individuals but leased by 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 longterm 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
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15089

2See footnote 1 to § 855.6.

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

§ 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.

§ 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.

§ 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.

§ 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.)

§ 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.

§ 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
15090 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

3See footnote 1 to § 855.6. 4See footnote 1 to § 855.6.

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.

§ 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.

§ 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

(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.
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15091

5See footnote 1 to § 855.6.

6See footnote 1 to § 855.6.

7See footnote 1 to § 855.6.

(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.

§ 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.

§ 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.

§ 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.

§ 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

Subpart C—Agreements for Civil

Aircraft Use of Air Force Airfields

§ 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
15092 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

8See footnote 1 to § 855.6. 9See footnote 1 to § 855.6. 10See footnote 1 to § 855.6.

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.

§ 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.

§ 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.

(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.

(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

(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 jointuse agreements.

§ 855.22 Other agreements.

(a) Temporary use of Air Force

runways occasionally is needed for
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 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

Purpose of use Verification Approval*

authority Fees

Contractor or subcontractor (A). A US or foreign contractor or subcontractor, operating corporate, personal, or

leased aircraft in conjunction with fulfilling the terms of

a government contract.

NOTE: Potential contractors may not land at Air Force

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.

Current government contract numbers; the Air Force airfields required for each contract; a brief description of

the work to be performed; and the name, telephone

number, and address of the government contracting

officer must be provided on the DD Form 2401 or a

continuation sheet.

1 No.

Demonstration (B). Aircraft, aircraft with components installed, or aircraft transporting components or equipment operating to demonstrate or display a product to

US Government representatives with procurement or

certification responsibilities. (Authority granted under

this section does not include aerobatic demonstrations.).

Demonstration or display must be a contractual requirement or presented at the request of an authorized US

Government representative. The name, address, and

telephone number of the requesting government representative or contracting officer and contract number

must be included on the DD Form 2401.

1 No.

Aerial performance (BB). Aircraft performing aerobatics

and or fly-bys at Air Force airfields.

Approval of MAJCOM, FOA, or DRU and FAA as specified in AFI 35–201, Community Relations.1 No.

Active duty US military and other US uniformed service

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.

Social security number in block 1 on DD Form 2401 ....... 1 No.

Reserve Forces (D). Members of the US Reserve Forces

(including Reserve Officer Training Corps and National

Guard) operating their own aircraft, leased aircraft, or

other available aircraft to fulfill their official duty commitment at the installation where their unit is assigned

and other installations for temporary duty assignments.

Endorsement from member’s commander that validates

military status and requirement for use of Air Force

airfields listed on the DD Form 2401. The endorsement may be included on the DD Form 2401 or provided separately by letter. When appropriate, travel orders must be on board the aircraft.

1 No.

Dependents of active duty US military personnel, other

US uniformed service personnel, (CC), or US Reserve

Forces personnel (DD). 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.

Military identification card number and expiration date

and a letter of endorsement from sponsor.

1 No.

US Government civil service employees (E). Civilian employees of the US Government operating their own aircraft, leased aircraft, or other available aircraft for official government business travel.Supervisor’s endorsement in block 4 of the DD Form

2401. Individual must have a copy of current travel orders or other official travel certification available for

verification if requested by an airfield manager or a

designated representative.

1 No.

Retired US military members and other retired US uniformed service members with 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.

Copy of retirement orders on file with the approving authority.1 No.

Dependents of retired US military personnel and other

retired US uniformed service personnel (GG). Dependents of retired Service members operating 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.

Military identification card number and expiration date,

sponsor’s retirement orders, and letter of endorsement

from sponsor.

1 No.
15094 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

TABLE 1.—PURPOSE OF USE/VERIFICATION/APPROVAL AUTHORITY/FEES—Continued

Purpose of use Verification Approval*

authority Fees

Civil Air Patrol (CAP) (H). CAP members operating personal or CAP aircraft for official CAP activities.Endorsement of the application by HQ CAP–USAF/XOO,

105 South Hansell Street, Maxwell AFB AL 36112–

6332.

1 No.

Aero club members (I). Individuals operating their own

aircraft at the Air Force airfield where they hold active

aero club membership.

Membership validation by the aero club manager on the

DD Form 2401.

6 No.

Weather alternate (J). An Air Force airfield identified on

a scheduled air carrier’s flight plan as an alternate 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.

Certification of scheduled air carrier status, such as the

US Department of Transportation Fitness Certificate.

1 Yes.

Air Mobility Command (AMC) contract or charter (K). An

air carrier transporting passengers or cargo under the

terms of an AMC contract. (Landing permits for this

purpose are processed by HQ AMC/XOKA, 402 Scott

Drive, Unit 3A1, Scott AFB IL 62225–5302.).

International flights must have an AMC Form 8, Civil Aircraft Certificate, on board the aircraft. Domestic flights

must have either a Certificate of QUICK–TRANS

(Navy), a Certificate of Courier Service Operations

(AMC), or a Certificate of Intra-Alaska Operations

(AMC) on board the aircraft.

3 No.

CRAF alternate (KK). An Air Force airfield used as an alternate airport by air carriers that have contracted to

provide aircraft for the Civil Reserve Air Fleet (CRAF).

Participant in the CRAF program and authorized by contract.2 Yes.

US Government contract or charter operator (L). An air

carrier transporting passengers or cargo for a US Government department or agency other than US military

departments.

The chartering agency and name, address, and telephone number of the government official procuring the

transportation must be listed in block 4 of the DD

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.

1 No.

Contractor or subcontractor charter (M). Aircraft chartered by a US or foreign contractor or subcontractor to

transport personnel or cargo in support of a current

government contract.

The contractor or subcontractor must provide written validation to the decision authority that the charter operator will be operating on their behalf in fulfilling the

terms of a government contract, to include current

government contract numbers and 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.

1 No.

DOD charter (N). Aircraft transporting passengers or

cargo within the United States for the military departments to accommodate transportation requirements

that do not exceed 90 days.

Military Air Transportation Agreement (MATA) approved

by the Military Transportation Management Command

(MTMC) (this includes survey and approval by HQ

AMC/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.)

1 No.

Media (F). Aircraft transporting representatives of the

media for the purpose of gathering information about a

US Government operation or event. (Except for the

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.)

Except for White House Press Corps charters, concurrence of the installation commander, base operations

officer, and public affairs officer.

2 Note 1.

Commercial aircraft certification testing required by the

FARs that does not involve use of Air Force testing

hardware (P).

Application must cite the applicable FAR, describe the

test, and include the name and telephone number of

the FAA certification officer.

2 Yes.
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15095

TABLE 1.—PURPOSE OF USE/VERIFICATION/APPROVAL AUTHORITY/FEES—Continued

Purpose of use Verification Approval*

authority Fees

Commercial development testing at Air Force flight test

facilities (Q).

Copy of letter from HQ AFMC/DOR, 4225 Logistics Avenue, Suite 2, Wright Patterson AFB OH 45433–5714,

validating approval and compliance with AFI 99–101,

Development, Test, and Evaluation.

2 Yes.

Commercial charter operations (R). Aircraft transporting

passengers or cargo for hire for other than US military

departments.

NOTE: Federal Aviation Administration (FAA) certification

is required for 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.

Unavailability of:

a. a suitable civil airport,

b. aircraft that could operate into the local civil airport, or

c. other modes of transportation that would reasonably

satisfy the transportation requirement.

5 Yes.

Commercial air crew training flights (S). Aircraft operated

by commercial air carrier crews for the purpose of

maintaining required proficiency.

Memorandum of Understanding approved by HQ USAF/

XOOBC that establishes conditions and responsibilities in conducting the training flights.

2 Yes.

Private, non-revenue-producing flights (T). Aircraft operating for a variety of reasons, such as transporting individuals to meet with government representatives or

participate in government sponsored ceremonies and

similar events. At specified locations, the purpose of

use may be to gain access to collocated private sector

facilities as authorized by lease, agreement, or contract.

The verification will vary with the purpose for use. For

example, when use is requested in conjunction with

events such as meetings or ceremonies, the applicant

must provide the name and telephone number of the

government project officer.

4 Note 2.

Provisional airfield (U). An Air Force airfield used by civil

aircraft when the local civil airport is temporarily 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.

Memorandum of Understanding, Letter of Agreement, or

lease that establishes responsibilities and conditions

for use.

2 Yes.

Foreign government charter (V). Aircraft chartered by a

foreign government to transport passengers or cargo.

Application must include name and telephone number of

the foreign government representative responsible for

handling the charter arrangements.

2 Note 3.

Flights transporting foreign military sales (FMS) material

(W). (Hazardous, oversized, or classified cargo only.)

FMS case number, requisition numbers, delivery term

code and information as specified below:

a. Description of cargo (nomenclature and or proper

shipping name). The description of hazardous cargo

must include the Department of Transportation exemption number, hazard class, number of pieces, and net

explosive weight.

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.

2 Note 3.

Certified flight record attempts (X). Aircraft operating to

establish a new aviation record.

Documentation that will validate National Aeronautic Association or Federation Aeronautique Internationale

sanction of the record attempt.

2 Yes.
15096 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

TABLE 1.—PURPOSE OF USE/VERIFICATION/APPROVAL AUTHORITY/FEES—Continued

Purpose of use Verification Approval*

authority Fees

Political candidates (Y). (For security reasons only) Aircraft either owned or chartered explicitly for a Presidential or Vice Presidential candidate, including not

more than one accompanying overflow aircraft for the

candidate’s staff and press corps. Candidate must be

a Presidential or Vice Presidential candidate 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.

The Secret Service must confirm that use has been requested in support of its security responsibilities.2 Yes.

Aircraft either owned or personally chartered for transportation of the President, Vice President, a past

President of the United States, the head of any US

federal department or agency, or a member of the

Congress (Z).

Use by other than the President or Vice President must

be for official government business. All requests will

be coordinated with the Office of Legislative Liaison

(SAF/LL) as prescribed in AFI 90–401, Air Force Relations with Congress.

2 No.

*APPROVING AUTHORITY:

1 = Can be approved at all levels.

2 = HQ USAF/XOOBC.

3 = HQ AMC/XOKA.

4 = Except as specifically delegated in §§ 855.5(d)(2) and 855.5(d)(2)(iii), must be approved by HQ USAF/XOOBC.

5 = Except as specifically delegated in § 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 takeoff

weight (MGTOW) Coverage for Bodily injury Propertydamage 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

Aircraft maximum gross

takeoff weight (MGTOW) Normal fee Unauthorized fee Intentional fee Minimumfee

United

States, territories,

and possessions

Overseas

$1.50 per 1,000 lbs

MGTOW or fraction

thereof.

................... ............................................. $20.00 ...... X

$1.70 per 1,000 lbs

MGTOW or fraction

thereof.

................... ............................................. $25.00 ...... .................. X

Up to and including 12,500

lbs.

............................................. $100.00 ............................................. .................. X X

12,501 to 40,000 lbs ........... ............................................. $300.00 ............................................. .................. X X
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15097

TABLE 3.—LANDING FEES—Continued

Aircraft maximum gross

takeoff weight (MGTOW) Normal fee Unauthorized fee Intentional fee Minimumfee

United

States, territories,

and possessions

Overseas

Over 40,000 lbs .................. ............................................. $600.00 ............................................. .................. X X

Increase unauthorized fee

by 100% or 200%.

.................. X X

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 fraction thereof .......................... $20.00 6 hours after landing ................... X

$2.00 per 100,000 lbs MGTOW or fraction thereof .......................... $20.00 Immediately ................................. .................. X

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 nongovernmental 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, longterm 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.
15098 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

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. Selfexplanatory.

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 llllllll day of

llllllll 19ll , 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’’)
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 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 Forceowned pavements or property and shall

follow existing Air Force directives and or
15100 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

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 WAFBSponsor 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: llllllllllllllllll

By: lllllllllllllllllll

Deputy Assistant Secretary of the Air Force

(Installations)

Date: llllllllllllllllll

By: lllllllllllllllllll

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
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 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.

lllllllllllllllllllll

BIA Representative

(Name and Title)

Date llllllllllllllllll

lllllllllllllllllllll

WAFB Representative

(Name and Title)

Date llllllllllllllllll

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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–95–003]

RIN 2115–AA97

Safety Zone: Heritage of Pride

Fireworks Display, Hudson River, New

York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent safety zone for

the annual Heritage of Pride fireworks

display located in the Hudson River,

New York. This safety zone would in

effect annually on the last Sunday in

June from 9:30 p.m. until 11:30 p.m,

unless extended or terminated sooner by

the Captain of the Port, New York. The

safety zone would close all waters of the

Hudson River within a 300 yard radius

from the center of the fireworks

platform located 330 yards off the

Manhattan pierhead line between Pier

45 and Pier 49.

DATES: Comments must be received on

or before May 22, 1995.

ADDRESSES: Comments should be

mailed to U.S. Coast Guard Group, New

York, Bldg. 108, Governors Island, New

York 10004–5096, or may be delivered

to the Planning and Readiness Division,

Bldg. 108, between 8 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays. Any person wishing to visit

the office must contact the Maritime

Planning Staff at (212) 668–7934 to

obtain advance clearance due to the fact

that Governors Island is a military

installation with limited access.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger,

Maritime Planning Staff, Coast Guard

Group, New York (212) 668–7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–003)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons

wanting acknowledgment of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the Maritime Planning Staff at

the address under ‘‘ADDRESSES’’. If it

is determined that the opportunity for

oral presentations will aid this

rulemaking, the Coast Guard will hold

a public hearing at a time and place

announced by a later notice in the

Federal Register.

Drafting Information

The drafters of this notice are LTJG K.

Messenger, Project Manager, Captain of

the Port, New York and LCDR J. Stieb,

Project Attorney, First Coast Guard

District, Legal Office.

Background and Purpose

For the last several years, Heritage of

Pride Inc., has submitted an Application

for Approval of Marine Event for a

fireworks program in the waters of the

Hudson River. This regulation would

establish a safety zone in the waters of

the Hudson River on the last Sunday in

June from 9:30 p.m. until 11:30 p.m.,

unless extended or terminated sooner by

the Captain of the Port New York. This

safety zone would preclude all vessels

from transiting within a 300 yard radius

of the fireworks platform anchored 330

yards off the Manhattan pierhead line

between Pier 45 and Pier 49. It is

needed to protect mariners from the

hazards associated with fireworks

exploding in the area.

This permanent regulation would

provide notice to mariners that this

event occurs annually at the same

location, on the same day and time,

allowing them to plan transits

accordingly. This regulation will be

announced annually via Safety marine