[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Proposed Rules]
[Pages 15086-15101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6888]



=======================================================================
-----------------------------------------------------------------------

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


Sec. 855.1  Policy.

    The Air Force establishes and uses its airfields to support the 
scope and level of operations necessary to carry out missions 
worldwide. The Congress funds airfields in response to Air Force 
requirements, but also specifies that civil aviation access is a 
national priority to be accommodated when it does not jeopardize an 
installation's military utility. The Air Force engages in dialogue with 
the civil aviation [[Page 15087]] community and the Federal Aviation 
Administration to ensure mutual understanding of long-term needs for 
the national air transportation system and programmed military force 
structure requirements. To implement the national policy and to respond 
to requests for access, the Air Force must have policies that balance 
such requests with military needs. Civil aircraft access to Air Force 
airfields on foreign territory requires host nation approval.
    (a) The Air Force will manage two programs that are generally used 
to grant civil aircraft access to its airfields: civil aircraft landing 
permits and joint-use agreements. Other arrangements for access will be 
negotiated as required for specific purposes.
    (1) Normally, landing permits will be issued only for civil 
aircraft operating in support of official Government business. Other 
types of use may be authorized if justified by exceptional 
circumstances.
    (2) The Air Force will consider only proposals for joint use that 
do not compromise operations, security, readiness, safety, environment, 
and quality of life. Further, only proposals submitted by authorized 
local Government representatives eligible to sponsor a public airport 
will be given the comprehensive evaluation required to conclude a 
joint-use agreement.
    (3) Any aircraft operator with an inflight emergency may land at 
any Air Force airfield without prior authorization. An inflight 
emergency is defined as a situation that makes continued flight 
hazardous.
    (b) Air Force requirements will take precedence on Air Force 
airfields over all civil aircraft operations, whether they were 
previously authorized or not.
    (c) Civil aircraft use of Air Force airfields in the United States 
will be subject to Federal laws and regulations. Civil aircraft use of 
Air Force airfields in foreign countries will be subject to U.S. 
Federal laws and regulations that have extraterritorial effect and to 
applicable international agreements with the country in which the Air 
Force installation is located.


Sec. 855.2  Responsibilities.

    (a) As the program manager for joint use, the Civil Aviation 
Branch, Bases and Units Division, Directorate of Operations (HQ USAF/
XOOBC), ensures that all impacts have been considered and addressed 
before forwarding a joint-use proposal or agreement to the Deputy 
Assistant Secretary for Installations (SAF/MII), who holds decision 
authority. All decisions are subject to the environmental impact 
analysis process as directed by the Environmental Planning Division of 
the Directorate of Environmental Quality (HQ USAF/CEVP) and the Deputy 
Assistant Secretary for Environment, Safety, and Occupational Health 
(SAF/MIQ). The Air Force Real Estate Agency (AFREA/MI) handles the 
leases for Air Force-owned land or facilities that may be included in 
an agreement for joint use.
    (b) HQ USAF/XOOBC determines the level of decision authority for 
landing permits. It delegates decision authority for certain types of 
use to major commands and installation commanders.
    (c) HQ USAF/XOOBC makes the decisions on all requests for 
exceptions or waivers to this part and related Air Force instructions. 
The decision process includes consultation with other affected 
functional area managers when required. Potential impacts on current 
and future Air Force policies and operations strongly influence such 
decisions.
    (d) Major commands, direct reporting units, and field operating 
agencies may issue supplements to establish command-unique procedures 
permitted by and consistent with this part.


Sec. 855.3  Applicability.

    This part applies to all regular United States Air Force (USAF), 
Air National Guard (ANG), and United States Air Force Reserve (USAFR) 
installations with airfields. This part also applies to civil aircraft 
use of Air Force ramps at civil airports hosting USAF, ANG, and USAFR 
units.

Subpart B--Civil Aircraft Landing Permits


Sec. 855.4  Scope.

    Air Force airfields are available for use by civil aircraft so far 
as such use does not interfere with military operations or jeopardize 
the military utility of the installation. Air Force requirements take 
precedence over authorized civil aircraft use. This part carries the 
force of U.S. law, and exceptions are not authorized without prior 
approval from the Civil Aviation Branch, Bases and Units Division, 
Directorate of Operations, (HQ USAF/XOOBC), 1480 Air Force Pentagon, 
Washington DC 20330-1480. Proposed exceptions or waivers are evaluated 
as to current and future impact on Air Force policy and operations.


Sec. 855.5  Responsibilities and authorities.

    (a) The Air Force:
    (1) Determines whether civil aircraft use of Air Force airfields is 
compatible with current and planned military activities.
    (2) Normally authorizes civil aircraft use of Air Force airfields 
only in support of official government business. If exceptional 
circumstances warrant, use for other purposes may be authorized.
    (3) Acts as clearing authority for civil aircraft use of Air Force 
airfields, subject to the laws and regulations of the U.S., or to 
applicable international agreements with the country in which the Air 
Force installation is located.
    (4) Reserves the right to suspend any operation that is 
inconsistent with
    national defense interests or deemed not in the best interests of 
the Air Force.
    (5) Will terminate authority to use an Air Force airfield if the:
    (i) User's liability insurance is canceled.
    (ii) User lands for other than the approved purpose of use or is 
otherwise in violation of this part or clearances and directives 
hereunder.
    (6) Will not authorize use of Air Force airfields:
    (i) In competition with civil airports by providing services or 
facilities that are already available in the private sector.

    Note: Use to conduct business with or for the US Government is 
not considered as competition with civil airports.

    (ii) Solely for the convenience of passengers or aircraft operator.
    (iii) Solely for transient aircraft servicing.
    (iv) By civil aircraft that do not meet US Department of 
Transportation operating and airworthiness standards.
    (v) That selectively promotes, benefits, or favors a specific 
commercial venture unless equitable consideration is available to all 
potential users in like circumstances.
    (vi) For unsolicited proposals in procuring government business or 
contracts.
    (vii) Solely for customs-handling purposes.
    (viii) When the air traffic control tower and base operations are 
closed or when a runway is restricted from use by all aircraft.

    Note: Requests for waiver of this provision must address 
liability responsibility, emergency response, and security.

    (7) Will not authorize civil aircraft use of Air Force ramps 
located on civil airfields.

    Note: This section does not apply to use of aero club facilities 
located on Air Force land at civil airports, or civil aircraft 
chartered by US military departments and authorized use of terminal 
facilities and ground handling services on the Air Force ramp. Only 
the DD Form 2400, Civil Aircraft Certificate of Insurance, and DD 
Form 2402, Civil Aircraft [[Page 15088]] Hold Harmless Agreement, 
are required for use of Air Force ramps.

    (b) Civil aircraft operators must:
    (1) Have an approved DD Form 2401, Civil Aircraft Landing Permit, 
before operating at Air Force airfields, except for emergency use and 
as indicated in paragraphs (d)(2) and (d)(2) (iii)(E) of this section, 
and Sec. 855.6, and Sec. 855.13(b)(1)(ii).
    (2) Ensure that pavement load-bearing capacity will support the 
aircraft to be operated at the Air Force airfield.
    (3) Have aircraft equipped with operating two-way radio equipment 
to obtain landing clearance from the air traffic control tower.
    (4) Obtain final approval for landing from the installation 
commander or a designated representative (normally base operations) at 
least 24 hours prior to arrival.
    (5) Not assume that the landing clearance granted by an air traffic 
control tower facility is a substitute for either the approved civil 
aircraft landing permit or approval from the installation commander or 
a designated representative (normally base operations).
    (6) Obtain required diplomatic or overflight clearance before 
operating in foreign airspace.
    (7) Pay applicable costs and fees.
    (8) File a flight plan before departing the Air Force airfield.
    (c) The installation commander or a designated representative:
    (1) Exercises administrative and security control over both the 
aircraft and passengers while on the installation.
    (2) May require civil users to delay, reschedule, or reroute 
aircraft arrivals or departures to preclude interference with military 
activities.
    (3) Cooperates with customs, immigration, health, and other public 
authorities in connection with civil aircraft arrival and departure.
    (d) Decision Authority: The authority to grant civil aircraft use 
of Air Force airfields is vested in:
    (1) Directorate of Operations, Bases and Units Division, Civil 
Aviation Branch (HQ USAF/XOOBC). HQ USAF/XOOBC may act on any request 
for civil aircraft use of an Air Force airfield. Decision authority for 
the following will not be delegated below HQ USAF:
    (i) Use of multiple Air Force airfields except as designated in 
paragraph (d)(2) of this section.
    (ii) Those designated as 2 under Approval Authority in Table 1.
    (iii) Any unusual or unique purpose of use not specifically 
addressed in this part.
    (2) Major Command, Field Operating Agency, Direct Reporting Unit, 
or Installation Commander. With the exception of those uses 
specifically delegated to another decision authority, major commands 
(MAJCOMs), field operating agencies (FOAs), direct reporting units 
(DRUs) and installation commanders or designated representatives have 
the authority to approve or disapprove civil aircraft landing permit 
applications (DD Forms 2400, Civil Aircraft Certificate of Insurance; 
2401; Civil Aircraft Landing Permit, and 2402, Civil Aircraft Hold 
Harmless Agreement) at airfields for which they hold oversight 
responsibilities. Additionally, for expeditious handling of short 
notice requests, they may grant requests for one-time, official 
government business flights that are in the best interest of the US 
Government and do not violate other provisions of this part. As a 
minimum, for one-time flights authorized under this section, the 
aircraft owner or operator must provide the decision authority with 
insurance verification and a completed DD Form 2402 before the aircraft 
operates into the Air Force airfield. Air Force authority to approve 
civil aircraft use of Air Force airfields on foreign soil may be 
limited. Commanders outside the US must be familiar with base rights 
agreements or other international agreements that may render 
inapplicable, in part or in whole, provisions of this part. Decision 
authority is delegated for specific purposes of use and/or locations as 
follows:
    (i) Commander, 611th Air Operations Group (AOG). The Commander, 
611th AOG or a designated representative may approve commercial 
charters, on a case-by-case basis, at all Air Force airfields in 
Alaska, except Eielson and Elmendorf AFBs, if the purpose of the 
charter is to transport goods and/or materials, such as an electric 
generator or construction materials for a community center, for the 
benefit of remote communities that do not have adequate civil airports.
    (ii) Commander, Air Mobility Command (AMC). The Commander, AMC or a 
designated representative may approve permits that grant landing rights 
at Air Force airfields worldwide in support of AMC contracts.
    (iii) US Defense Attache Office (USDAO). The USDAO, acting on 
behalf of HQ USAF/XOOBC, may grant a request for one-time landing 
rights at an Air Force airfield provided:
    (A) The request is for official government business of either the 
US or the country to which the USDAO is accredited.
    (B) The Air Force airfield is located within the country to which 
the USDAO is accredited.
    (C) Approval will not violate any agreement with the host country.
    (D) The installation commander concurs.
    (E) The USDAO has a properly completed DD Form 2402 on file and has 
verified that the insurance coverage meets the requirements of Table 2, 
before the aircraft operates into the Air Force airfield.


Sec. 855.6   Aircraft exempt from the requirement for a civil aircraft 
landing permit.

    (a) Any aircraft owned by:
    (1) Any other US Government agency.
    (2) US Air Force aero clubs established as prescribed in AFI 34-
117, Air Force Aero Club Program, and AFMAN 3-132, Air Force Aero Club 
Operations<SUP>1.

    \1\Copies of the publications are available, at cost, from the 
National Technical Information Service, U.S. Department of Commerce, 
5285 Port Royal Road, Springfield, VA 22161.

    Note: This includes aircraft owned by individuals but leased by 
---------------------------------------------------------------------------
an Air Force aero club.

    (3) Aero clubs of other US military services.

    Note: This includes aircraft owned by individuals but leased by 
Army or Navy aero clubs.

    (4) A US state, county, municipality, or other political 
subdivision, when operating to support official business at any level 
of government.
    (b) Any civil aircraft under:
    (1) Lease or contractual agreement for exclusive US Government use 
on a long-term basis and operated on official business by or for a US 
Government agency; for example, the Federal Aviation Administration 
(FAA), Department of the Interior, or Department of Energy.

    Note: The government must hold liability responsibility for all 
damages or injury associated with operation of the aircraft.

    (2) Lease or contractual agreement to the Air Force for Air Force 
Civil Air Patrol (CAP) liaison purposes and operated by an Air Force 
CAP liaison officer on official Air Force business.
    (3) CAP control for a specific mission directed by the Air Force.
    (4) Coast Guard control for a specific mission directed by the 
Coast Guard.

    Note: For identification purposes, the aircraft will be marked 
with a sticker near the port side door identifying it as a Coast 
Guard Auxiliary aircraft. The pilot will always be in uniform and 
normally have a copy of a Coast Guard Auxiliary Patrol Order. If the 
aircraft [[Page 15089]] is operating under ``verbal orders of the 
commander,'' the pilot can provide the telephone number of the 
cognizant Coast Guard commander.

    (5) Contractual agreement to any US, state, or local government 
agency in support of operations involving safety of life or property as 
a result of a disaster.
    (6) Government furnished property or bailment contract for use by a 
contractor, provided the federal, state, or local government has 
retained liability responsibilities.
    (7) Civil aircraft transporting critically ill or injured 
individuals or transplant organs to or from an Air Force installation.
    (8) Historic aircraft being delivered for Air Force museum exhibits 
under the provisions of AFI 84-103, Museum System.<SUP>2

    \2\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------


Sec. 855.7  Conditions for use of Air Force airfields.

    The Air Force authorizes use of its airfields for a specific 
purpose by a named individual or company. The authorization cannot be 
transferred to a second or third party and does not extend to use for 
other purposes. An approved landing permit does not obligate the Air 
Force to provide supplies, equipment, or facilities other than the 
landing, taxiing, and parking areas. The aircraft crew and passengers 
are only authorized activities at the installation directly related to 
the purpose for which use is granted. All users are expected to submit 
their application (DD Forms 2400, 2401, and 2402) at least 30 days 
before intended use and, except for use as a weather alternate, CRAF 
alternate, or emergency landing site, must contact the appropriate 
installation commander or a designated representative for final landing 
approval at least 24 hours before arrival. Failure to comply with 
either time limit may result in denied landing rights.


Sec. 855.8  Application procedures.

    To allow time for processing, the application (DD Forms 2400, 2401, 
and 2402) and a self-addressed, stamped envelope should be submitted at 
least 30 days before the date of the first intended landing. The 
verification required for each purpose of use must be included with the 
application. The name of the user must be the same on all forms. 
Original, hand scribed signatures, not facsimile elements, are required 
on all forms. Landing Permit Application Instructions are at Attachment 
3. The user is responsible for reviewing this part and accurately 
completing the forms before submitting them to the approving authority.


Sec. 855.9  Permit renewal.

    When a landing permit expires, DD Forms 2400 and 2401 must be 
resubmitted for continued use of Air Force airfields.

    Note: Corporations must resubmit the DD Form 2402 every five 
years.


Sec. 855.10  Purpose of use.

    The purposes of use normally associated with civil aircraft 
operations at Air Force airfields are listed in Table 1. Requests for 
use for purposes other than those listed will be considered and may be 
approved if warranted by unique circumstances. A separate DD Form 2401 
is required for each purpose of use. (Users can have multiple DD Forms 
2401 that are covered by a single DD Form 2400 and DD Form 2402.)


Sec. 855.11  Insurance requirements.

    Applicants must provide proof of third-party liability insurance on 
a DD Form 2400, with the amounts stated in U.S. dollars. The policy 
number, effective date, and expiration date are required. The statement 
``until canceled'' may be used in lieu of a specific expiration date. 
The geographic coverage must include the area where the Air Force 
airfield of proposed use is located. If several aircraft or aircraft 
types are included under the same policy, a statement such as ``all 
aircraft owned,'' ``all aircraft owned and/or operated,'' ``all non-
owned aircraft,'' or ``all aircraft operated,'' may be used in lieu of 
aircraft registration numbers. To meet the insurance requirements, 
either split limit coverage for bodily injury (individuals outside the 
aircraft), property damage, and passengers, or a single limit coverage 
is required. The coverage will be at the expense of the user with an 
insurance company acceptable to the Air Force. Coverage must be current 
during the period the Air Force airfield will be used. The liability 
required is computed on the basis of aircraft maximum gross takeoff 
weight (MGTOW) and passenger or cargo configuration. Minimum coverage 
will not be less than the amount indicated in Table 2.
    (a) Any insurance presented as a single limit of liability or a 
combination of primary and excess coverage will be an amount equal to 
or greater than the each accident minimums indicated in Table 2 for 
bodily injury (individuals outside the aircraft), property damage, and 
passengers.
    (b) The policy will specifically provide that:
    (1) The insurer waives any right of subrogation it may have against 
the U.S. by reason of any payment made under the policy for injury, 
death, or property damage that might arise, out of or in connection 
with the insured's use of any Air Force airfield.
    (2) The insurance afforded by the policy applies to the liability 
assumed by the insured under DD Form 2402.
    (3) If the insurer or the insured cancels or reduces the amount of 
insurance afforded under the listed policy before the expiration date 
indicated on DD Form 2400, the insurer will send written notice of 
policy cancellation or coverage reduction to the Air Force approving 
authority at least 30 days before the effective date of the 
cancellation or reduction. The policy must state that any cancellation 
or reduction will not be effective until at least 30 days after such 
notice is sent.


Sec. 855.12  Processing a permit application.

    Upon receipt of an application (DD Forms 2400, 2401, and 2402) for 
use of an Air Force airfield, the decision authority:
    (a) Determines the availability of the airfield and its capability 
to accommodate the purpose of use requested.
    (b) Determines the validity of the request and ensures all entries 
on DD Forms 2400, 2401, and 2402 are in conformance with this part.
    (c) Approves DD Form 2401 (with conditions or limitations noted) by 
completing all items in Section II--For Use by Approving Authority as 
follows:
    (1) Period of Use (Block 7): The ``From'' date will be either the 
first day of approved use or the first day of insurance coverage. The 
``From'' date cannot precede the first day of insurance coverage shown 
on the DD Form 2400. The ``Thru'' date is determined by the insurance 
expiration date and/or the purpose of use. For example, the period of 
use for participants in an Air Force open house will be determined by 
both insurance coverage and open house dates. The permit would be 
issued only for the duration of the open house but must not precede or 
exceed the dates of insurance coverage. Many insurance policies 
terminate at noon on the expiration date. Therefore, if the insurance 
expiration is used to determine the permit expiration date, the landing 
permit will expire one day before the insurance expiration date shown 
on the DD Form 2400. If the insurance expiration date either exceeds 2 
years or is indefinite (for example, ``until canceled''), the landing 
permit will [[Page 15090]] expire 2 years from the issue date or first 
day of coverage.
    (2) Frequency of Use (Block 8) is normally ``as required'' but may 
be more specific, such as ``one time.''
    (3) Identification Number (Block 9): Installation commanders or a 
designated representative assign a permit number comprised of the last 
three letters of the installation's International Civil Aviation 
Organization identifier code, the last two digits of the calendar year, 
a number sequentially assigned, and the letter suffix that indicates 
the purpose of use (Table 1); for example, ADW 95-01C. MAJCOMs, FOAs, 
DRUs, and USDAOs use a three-position organization abbreviation, such 
as AMC 95-02K.
    (4) DD Form 2400 (Dated and Filed) (Block 11a): This block should 
contain the date from Block 1 (Date Issued) on the DD Form 2400 and the 
identification of the unit or base where the form was approved; i.e., 
30 March 1995, HQ USAF/XOOBC.
    (5) DD Form 2402 (Dated and Filed) (Block 11b): This block should 
contain the date from Block 4 (Date Signed) on the DD Form 2402 and the 
identification of the unit or base where the form was approved; i.e., 
30 March 1995, HQ USAF/XOOBC.
    (6) SA-ALC/SFR, 1014 Andrews Road, Building 1621, Kelly AFB TX 
78241-5603 publishes the list of companies authorized to purchase Air 
Force fuel on credit. Block 12 should be marked ``yes'' only if the 
permit holder's name appears on the SA-ALC list.
    (7) Landing Fees, Block 13, should be marked as indicated in Table 
1.
    (8) Permit Amendments: New entries or revisions to an approved DD 
Form 2401 may be made only by or with the consent of the approving 
authority.
    (d) Provides the applicant with written disapproval if:
    (1) Use will interfere with operations, security, or safety.
    (2) Adequate civil facilities are collocated.
    (3) Purpose of use is not official government business and adequate 
civil facilities are available in the proximity of the requested Air 
Force airfield.
    (4) Use will constitute competition with civil airports or air 
carriers.
    (5) Applicant has not fully complied with this part.
    (e) Distributes the approved DD Form 2401 before the first intended 
landing, when possible, as follows:
    (1) Retains original.
    (2) Returns two copies to the user.
    (3) Provides a copy to HQ USAF/XOOBC. NOTE: HQ USAF/XOOBC will 
provide a computer report of current landing permits to the MAJCOMs, 
FOAs, DRUs, and installations.


Sec. 855.13  Civil fly-ins.

    (a) Civil aircraft operators may be invited to a specified Air 
Force airfield for:
    (1) A base open house to perform or provide a static display.
    (2) A flying safety seminar.
    (b) Civil fly-in procedures:
    (1) The installation commander or a designated representative:
    (i) Requests approval from the MAJCOM, FOA, or DRU with an 
information copy to HQ USAF/XOOBC/XOOO and SAF/PAC.
    (ii) Ensures that DD Form 2402 is completed by each user.

    Note: DD Forms 2400 and 2401 are not required for fly-in 
participants if flying activity consists of a single landing and 
takeoff with no spectators other than flightline or other personnel 
required to support the aircraft operations.

    (2) The MAJCOM, FOA, or DRU ensures HQ USAF/XOOBC/XOOO and SAF/PAC 
are advised of the approval or disapproval for the fly-in.
    (3) Aerial performance by civil aircraft requires MAJCOM or FOA 
approval and an approved landing permit as specified in AFI 35-201, 
Community Relations.<SUP>3 Regardless of the aircraft's historic 
military significance, DD Forms 2400, 2401, and 2402 must be submitted 
and approved before the performance. The permit can be approved at 
MAJCOM, FOA, DRU, or installation level. Use will be authorized only 
for the period of the event. Fly-in procedures do not apply to aircraft 
transporting passengers (revenue or non-revenue) or demonstration 
flights associated with marketing a product.

    \3\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------


Sec. 855.14  Unauthorized landings.

    (a) Unauthorized landing procedures. The installation commander or 
a designated representative will identify an unauthorized landing as 
either an emergency landing, an inadvertent landing, or an intentional 
landing. An unauthorized landing may be designated as inadvertent or 
intentional whether or not the operator has knowledge of the provisions 
of this part, and whether or not the operator filed a flight plan 
identifying the installation as a destination. Aircraft must depart the 
installation as soon as practical. On all unauthorized landings, the 
installation commander or a designated representative:
    (1) Informs the operator of Subpart B procedures and the 
requirement for notifying the Federal Aviation Administration (FAA) as 
specified in Section 6 of the FAA Airman's Information Manual.
    (2) Notifies the Federal Aviation Flight Standards District Office 
(FSDO) by telephone or telefax, followed by written notification using 
FAA Form 8020-9, 8020-11, or 8020-17, as appropriate. A copy of the 
written notification must be provided to HQ USAF/XOOBC.
    (3) Ensures the operator completes a DD Form 2402, and collects 
applicable charges. (In some instances, it may be necessary to arrange 
to bill the user for the appropriate charges.) DD Form 2402 need not be 
completed for commercial carriers if it is known that the form is 
already on file at HQ USAF/XOOBC.
    (4) In a foreign country, notifies the local US Defense Attache 
Office (USDAO) by telephone or telefax and, where applicable, the 
appropriate USDAO in the country of aircraft registry, followed by 
written notification with an information copy to HQ USAF/XOOBC and the 
civil aviation authority of the country or countries concerned.
    (b) Emergency landings. Any aircraft operator who experiences an 
inflight emergency may land at any Air Force airfield without prior 
authorization (approved DD Form 2401 and 24 hours prior notice). An 
inflight emergency is defined as a situation that makes continued 
flight hazardous.
    (1) The Air Force will use any method or means to clear an aircraft 
or wreckage from the runway to preclude interference with essential 
military operations after coordinating with the FSDO and National 
Transportation Safety Board. Removal efforts will minimize damage to 
the aircraft or wreckage; however, military or other operational 
factors may be overriding.
    (2) An operator making an emergency landing:
    (i) Is not charged a landing fee.
    (ii) Pays all costs for labor, material, parts, use of equipment 
and tools, and so forth, to include, but not limited to:
    (A) Spreading foam on the runway.
    (B) Damage to runway, lighting, and navigation aids.
    (C) Rescue, crash, and fire control services.
    (D) Movement and storage of aircraft.
    (E) Performance of minor maintenance.
    (F) Fuel or oil (AFM 67-1, vol 1, part three, chapter 1, Air Force 
Stock Fund and DPSC Assigned Item Procedures).<SUP>4

    \4\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------

    (c) Inadvertent unauthorized landings. (1) The installation 
commander or a designated representative may determine a landing to be 
inadvertent if the aircraft operator:
    (i) Landed due to flight disorientation.
    (ii) Mistook the Air Force airfield for a civil airport. 
[[Page 15091]] 
    (2) Normal landing fees must be charged and an unauthorized landing 
fee may be assessed to compensate the government for the added time, 
effort, and risk involved in the inadvertent landing. Only the 
unauthorized landing fee may be waived by the installation commander or 
a designated representative if, after interviewing the pilot-in-command 
and appropriate government personnel, it is determined that flying 
safety was not significantly impaired. The pilot-in-command may appeal 
the imposition of an unauthorized landing fee for an inadvertent 
landing to the MAJCOM, FOA, or DRU whose decision will be final. A 
subsequent inadvertent landing will be processed as an intentional 
unauthorized landing.
    (d) Intentional unauthorized landings. (1) The installation 
commander may categorize an unauthorized landing as intentional when 
there is unequivocal evidence that the pilot deliberately:
    (i) Landed without an approved DD Form 2401 on board the aircraft.
    (ii) Landed for a purpose not approved on the DD Form 2401.
    (iii) Operated an aircraft not of a model or registration number on 
the approved DD Form 2401.
    (iv) Did not request or obtain the required final approval from the 
installation commander or a designated representative at least 24 hours 
before aircraft arrival.
    (v) Did not obtain landing clearance from the air traffic control 
tower.
    (vi) Landed with an expired DD Form 2401.
    (vii) Obtained landing authorization through fraudulent methods, or
    (viii) Landed after having been denied a request to land from any 
Air Force authority, including the control tower.
    (2) Normal landing fees and an unauthorized landing fee must be 
charged. Intentional unauthorized landings increase reporting, 
processing, and staffing costs; therefore, the unauthorized landing fee 
for paragraph (d)(1)(i) through (d)(1)(vi) of this section will be 
increased by 100 percent. The unauthorized landing fee will be 
increased 200 percent for paragraph (d)(1)(vii) and (d)(1)(viii) of 
this section.
    (3) Intentional unauthorized landings may be prosecuted as a 
criminal trespass, especially if a debarment letter has been issued. 
Repeated intentional unauthorized landings prejudice the user's FAA 
operating authority and jeopardize future use of Air Force airfields.


Sec. 855.15  Detaining an aircraft.

    (a) An installation commander in the United States, its 
territories, or its possessions may choose to detain an aircraft for an 
intentional unauthorized landing until:
    (1) The unauthorized landing has been reported to the FAA, HQ USAF/
XOOBC, and the appropriate US Attorney.
    (2) All applicable charges have been paid.
    (b) If the installation commander wishes to release the aircraft 
before the investigation is completed, he or she must obtain bond, 
promissory note, or other security for payment of the highest charge 
that may be assessed.
    (c) The pilot and passengers will not be detained longer than is 
necessary for identification, although they may be permitted to remain 
in a lounge or other waiting area on the base at their request for such 
period as the installation commander may determine (normally not to 
exceed close of business hours at the home office of the entity owning 
the aircraft, if the operator does not own the aircraft). No person, 
solely due to an intentional unauthorized landing, will be detained 
involuntarily after identification is complete without coordination 
from the appropriate US Attorney, the MAJCOM, FOA, or DRU, and HQ USAF/
XOOBC.


Sec. 855.16  Landing, parking, and storage fees.

    (a) All fees are normally due and collectible at the time of use of 
the Air Force airfield. The DD Form 1131, Cash Collection Voucher, is 
used to deposit the fees with the base accounting and finance officer. 
In some instances, it may be necessary to bill the user for charges 
incurred. Landing, parking, and storage fees (Tables 3 and 4) are 
determined by aircraft maximum gross takeoff weight (MGTOW). The 
installation commander or a designated representative may permit 
parking and storage on a nonexclusive, temporary, or intermittent 
basis, when compatible with military requirements. The time that an 
aircraft spends on an installation is at the discretion of the 
installation commander or a designated representative but should be 
linked to the purpose of use authorized. At those locations where there 
are Air Force aero clubs, parking and storage privileges may be 
permitted in the area designated for aero club use without regard for 
the purpose of use authorized, if consistent with aero club policies. 
Any such permission may be revoked upon notice, based on military needs 
and the installation commander's discretion.
    (b) Landing fees are not charged when the aircraft is operating in 
support of official government business or for any purpose, the cost of 
which is subject to reimbursement by the US Government. Parking and 
Storage Fees (Table 4) are charged if an aircraft must remain beyond 
the period necessary to conduct official government business and for 
all non-official government business operations.


Sec. 855.17  Aviation fuel and oil purchases.

    When a user qualifies under the provisions of AFM 67-1, vol 1, part 
three, chapter 1, Air Force Stock Fund and DPSC Assigned Item 
Procedures,<SUP>5 purchase of Air Force fuel and oil may be made on a 
cash or credit basis. An application for credit authority can be filed 
by submitting an Authorized Credit Letter to SA-ALC/SFRL, 1014 Andrews 
Road, Building 1621, Kelly AFB TX 78241-5603.

    \5\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------


Sec. 855.18  Supply and service charges.

    Supplies and services furnished to a user will be charged for as 
prescribed in AFM 67-1, volume 1, part one, chapter 10, section N, 
Basic Air Force Supply Procedures, and AFR 177-102, paragraph 28.24, 
Commercial Transactions at Base Level.<SUP>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.<SUP>7

    \6\See footnote 1 to Sec. 855.6.
    \7\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------

Subpart C--Agreements for Civil Aircraft Use of Air Force Airfields


Sec. 855.19  Joint-use agreements.

    An agreement between the Air Force and a local government agency is 
required before a community can establish a public airport on an Air 
Force airfield.
    (a) Joint use of an Air Force airfield will be considered only if 
there will be no cost to the Air Force and no compromise of mission 
capability, security, readiness, safety, or quality of life. Further, 
only proposals submitted by authorized representatives of local 
government agencies eligible to sponsor a public airport will be given 
the comprehensive evaluation required to conclude a joint use 
agreement. All reviewing levels will consider and evaluate such 
requests on an individual basis.
    (b) Generally, the Air Force is willing to consider joint use at an 
airfield if it does not have pilot training, nuclear storage, or a 
primary mission that requires a high level of security. Civil 
[[Page 15092]] operations must begin within 5 years of the effective 
date of an agreement. Operational considerations will be based on the 
premise that military aircraft will receive priority handling (except 
in emergencies), if traffic must be adjusted or resequenced. The Air 
Force normally will not consider personnel increases solely to support 
civil operations but, if accommodated, all costs must be fully 
reimbursed by the joint-use sponsor. The Air Force will not provide 
personnel to install, operate, maintain, alter, or relocate navigation 
equipment or aircraft arresting systems for the sole use of civil 
aviation. Changes in equipment or systems to support the civil 
operations must be funded by the joint-use sponsor. The Air Force must 
approve siting, design, and construction of the civil facilities.


Sec. 855.20  Procedures for sponsor.

    To initiate consideration for joint use of an Air Force airfield, a 
formal proposal must be submitted to the installation commander by a 
local government agency eligible to sponsor a public airport. The 
proposal must include:
    (a) Type of operation.
    (b) Type and number of aircraft to be located on or operating at 
the airfield.
    (c) An estimate of the number of annual operations for the first 5 
years.


Sec. 855.21  Air Force procedures.

    (a) Upon receipt of a joint-use proposal, the installation 
commander, without precommitment or comment, will send the documents to 
the Air Force Representative (AFREP) at the Federal Aviation 
Administration (FAA) Regional Office within the geographical area where 
the installation is located. AFI 13-201, Air Force Airspace 
Management,<SUP>8 lists the AFREPs and their addresses. The 
installation commander must provide an information copy of the proposal 
to HQ USAF/XOOBC, 1480 Air Force Pentagon, Washington DC 20330-1480.

    \8\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------

    (b) The AFREP provides comments to the installation commander on 
airspace, air traffic control, and other related areas, and informs 
local FAA personnel of the proposal for joint use.
    (c) The installation, the numbered Air Force, and the major command 
(MAJCOM) will then evaluate the proposal. The MAJCOM will send the 
comments and recommendations from all reviewing officials to HQ USAF/
XOOBC.
    (d) Factors considered in evaluating joint use include, but are not 
limited to:
    (1) Impact on current and programmed military activities at the 
installation.
    (2) Compatibility of proposed civil aviation operations with 
present and planned military operations.
    (3) Compatibility of communications systems.
    (4) Instrument capability of crew and aircraft.
    (5) Runway and taxiway configuration. (Installations with single 
runways normally will not be considered for joint use.)
    (6) Security. The possibility for sabotage, terrorism, and 
vandalism increases with joint use; therefore, joint use will not be 
considered:
    (i) If military and civil aircraft would be collocated in hangars 
or on ramps.
    (ii) If access to the civil aviation facilities would require 
routine transit through the base.
    (7) Fire, crash, and rescue requirements.
    (8) Availability of public airports to accommodate the current and 
future air transportation needs of the community through construction 
or expansion.
    (9) Availability of land for civil airport complex. NOTE: The 
majority of land required for a terminal and other support facilities 
must be located outside the installation perimeter or at a site that 
will allow maximum separation of military and civil activities. If the 
community does not already own the needed land, it must be acquired at 
no expense to the Air Force. The Air Force may make real property that 
is not presently needed, but not excess, available by lease under 10 
U.S.C 2667. An application for lease of Air Force real property must be 
processed through the chain of command to the Air Force Real Estate 
Agency, 172 Luke Avenue, Suite 104, Building 5683, Bolling AFB DC 
20332-5113, as prescribed in AFI 32-9003, Granting Temporary Use of Air 
Force Real Property.<SUP>9 All real property outleases require payment 
of fair market consideration and normally are processed through the 
Corps of Engineers. The General Services Administration must be 
contacted regarding availability of excess or surplus Federal real 
property and an application submitted through FAA for an airport use 
public benefit transfer under 49 U.S.C. 47151-47153.

    \9\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------

    (10) Sponsor's resources to pay a proportionate share of costs for 
runway operation and maintenance and other jointly used facilities or 
otherwise provide compensation that is of direct benefit to the 
Government.
    (e) When the Air Force determines that joint use may be compatible 
with its defense mission, the environmental impact analysis process 
must be completed before a final decision can be made. The Air Force 
will act as lead agency for the preparation of the environmental 
analysis (32 CFR part 989, Environmental Impact Analysis Process). The 
local government agency representatives, working in coordination with 
Air Force personnel at the installation and other concerned local or 
Federal officials, must identify the proposed action, develop 
conceptual alternatives, and provide planning, socioeconomic, and 
environmental information as specified by the appropriate MAJCOM and HQ 
USAF/CEVP. The information must be complete and accurate in order to 
serve as a basis for the preparation of the Air Force environmental 
documents. All costs associated with the environmental studies required 
to complete the environmental impact analysis process must be paid by 
the joint use sponsor. Information on environmental analysis 
requirements is available from HQ USAF/CEVP, 1260 Air Force Pentagon, 
Washington DC 20330-1260.
    (f) HQ USAF/XOOBC can begin negotiating a joint-use agreement after 
the environmental impact analysis process is completed. The agreement 
must be concluded on behalf of the Air Force by SAF/MII as the approval 
authority for use of Air Force real property for periods exceeding 5 
years. The joint-use agreement will state the extent to which the 
provisions of Subpart B of this part, Civil Aircraft Landing Permits, 
apply to civil aircraft operations.
    (1) Joint-use agreements are tailored to accommodate the needs of 
the community and minimize the impact on the defense mission. Although 
each agreement is unique, attachment 4 of this part provides basic 
terms that are frequently included in such agreements.
    (2) Agreements for joint use at Air Force airfields on foreign soil 
are subject to the requirements of AFI 51-701, Negotiating, Concluding, 
Reporting, and Maintaining International Agreements.<SUP>10

    \10\See footnote 1 to Sec. 855.6.
---------------------------------------------------------------------------

    (g) HQ USAF/XOOBC and SAF/MII approval is required to amend 
existing joint use agreements. The evaluation and decision processes 
followed in concluding an initial joint-use proposal must be used to 
amend existing joint-use agreements.


Sec. 855.22  Other agreements.

    (a) Temporary use of Air Force runways occasionally is needed for 
[[Page 15093]] extended periods when a local civil airport is 
unavailable or to accommodate special events or projects. Such use 
requires agreement between the Air Force and the local airport 
authority or other equivalent responsible entity.
    (b) The local proponent and Air Force personnel should draft and 
submit an agreement to the MAJCOM Director for Operations, or 
equivalent level, for review and comment. The agreement must address 
all responsibilities for handling aircraft, cargo, and passengers, and 
hold the Air Force harmless of all liabilities. The agreement will not 
exceed 3 years. Although each agreement will be unique, attachment 5 of 
this part provides one example. The draft agreement, with all comments 
and recommendations, must be sent to HQ USAF/XOOBC for final approval.

      Table 1.--Purpose of Use/Verification/Approval Authority/Fees     
------------------------------------------------------------------------
                                               Approval*                
    Purpose of use          Verification       authority        Fees    
------------------------------------------------------------------------
Contractor or          Current government               1  No.          
 subcontractor (A). A   contract numbers;                               
 US or foreign          the Air Force                                   
 contractor or          airfields required                              
 subcontractor,         for each contract; a                            
 operating corporate,   brief description of                            
 personal, or leased    the work to be                                  
 aircraft in            performed; and the                              
 conjunction with       name, telephone                                 
 fulfilling the terms   number, and address                             
 of a government        of the government                               
 contract.              contracting officer                             
Note: Potential         must be provided on                             
 contractors may not    the DD Form 2401 or                             
 land at Air Force      a continuation sheet.                           
 airfields to pursue                                                    
 or present an                                                          
 unsolicited proposal                                                   
 for procurement of                                                     
 government business.                                                   
 One time                                                               
 authorization can be                                                   
 provided when an                                                       
 authorized US                                                          
 Government                                                             
 representative                                                         
 verifies that the                                                      
 potential contractor                                                   
 has been                                                               
 specifically invited                                                   
 for a sales                                                            
 presentation or to                                                     
 discuss their                                                          
 product.                                                               
Demonstration (B).     Demonstration or                 1  No.          
 Aircraft, aircraft     display must be a                               
 with components        contractual                                     
 installed, or          requirement or                                  
 aircraft               presented at the                                
 transporting           request of an                                   
 components or          authorized US                                   
 equipment operating    Government                                      
 to demonstrate or      representative. The                             
 display a product to   name, address, and                              
 US Government          telephone number of                             
 representatives with   the requesting                                  
 procurement or         government                                      
 certification          representative or                               
 responsibilities.      contracting officer                             
 (Authority granted     and contract number                             
 under this section     must be included on                             
 does not include       the DD Form 2401.                               
 aerobatic                                                              
 demonstrations.).                                                      
Aerial performance     Approval of MAJCOM,              1  No.          
 (BB). Aircraft         FOA, or DRU and FAA                             
 performing             as specified in AFI                             
 aerobatics and or      35-201, Community                               
 fly-bys at Air Force   Relations.                                      
 airfields.                                                             
Active duty US         Social security                  1  No.          
 military and other     number in block 1 on                            
 US uniformed service   DD Form 2401.                                   
 members entitled to                                                    
 military                                                               
 identification cards                                                   
 (includes members of                                                   
 the US Public Health                                                   
 Service, Coast                                                         
 Guard, and National                                                    
 Oceanic and                                                            
 Atmospheric                                                            
 Administration) (C).                                                   
 Service members,                                                       
 operating their own                                                    
 aircraft, leased                                                       
 aircraft, or other                                                     
 available aircraft                                                     
 for official duty                                                      
 travel (temporary                                                      
 duty, permanent                                                        
 change of station,                                                     
 etc.) or for                                                           
 private, non revenue                                                   
 flights.                                                               
Reserve Forces (D).    Endorsement from                 1  No.          
 Members of the US      member's commander                              
 Reserve Forces         that validates                                  
 (including Reserve     military status and                             
 Officer Training       requirement for use                             
 Corps and National     of Air Force                                    
 Guard) operating       airfields listed on                             
 their own aircraft,    the DD Form 2401.                               
 leased aircraft, or    The endorsement may                             
 other available        be included on the                              
 aircraft to fulfill    DD Form 2401 or                                 
 their official duty    provided separately                             
 commitment at the      by letter. When                                 
 installation where     appropriate, travel                             
 their unit is          orders must be on                               
 assigned and other     board the aircraft.                             
 installations for                                                      
 temporary duty                                                         
 assignments.                                                           
Dependents of active   Military                         1  No.          
 duty US military       identification card                             
 personnel, other US    number and                                      
 uniformed service      expiration date and                             
 personnel, (CC), or    a letter of                                     
 US Reserve Forces      endorsement from                                
 personnel (DD).        sponsor.                                        
 Dependents operating                                                   
 their own aircraft,                                                    
 leased aircraft, or                                                    
 other available                                                        
 aircraft in                                                            
 conjunction with                                                       
 activities related                                                     
 to entitlements as a                                                   
 dependent of a                                                         
 uniformed service                                                      
 member.                                                                
US Government civil    Supervisor's                     1  No.          
 service employees      endorsement in block                            
 (E). Civilian          4 of the DD Form                                
 employees of the US    2401. Individual                                
 Government operating   must have a copy of                             
 their own aircraft,    current travel                                  
 leased aircraft, or    orders or other                                 
 other available        official travel                                 
 aircraft for           certification                                   
 official government    available for                                   
 business travel.       verification if                                 
                        requested by an                                 
                        airfield manager or                             
                        a designated                                    
                        representative.                                 
Retired US military    Copy of retirement               1  No.          
 members and other      orders on file with                             
 retired US uniformed   the approving                                   
 service members with   authority.                                      
 a military                                                             
 identification card                                                    
 authorizing use of                                                     
 the commissary, base                                                   
 exchange, and or                                                       
 military medical                                                       
 facilities (G).                                                        
 Retired Service                                                        
 members, operating                                                     
 their own aircraft,                                                    
 leased aircraft, or                                                    
 other available                                                        
 aircraft in                                                            
 conjunction with                                                       
 activities related                                                     
 to retirement                                                          
 entitlements                                                           
 authorized by law or                                                   
 regulation.                                                            
Dependents of retired  Military                         1  No.          
 US military            identification card                             
 personnel and other    number and                                      
 retired US uniformed   expiration date,                                
 service personnel      sponsor's retirement                            
 (GG). Dependents of    orders, and letter                              
 retired Service        of endorsement from                             
 members operating      sponsor.                                        
 their own aircraft,                                                    
 leased aircraft, or                                                    
 other available                                                        
 aircraft in                                                            
 conjunction with                                                       
 activities related                                                     
 to entitlements                                                        
 authorized by law or                                                   
 regulation as a                                                        
 dependent of a                                                         
 retired Service                                                        
 member.                                                                
[[Page 15094]]                                                          
                                                                        
Civil Air Patrol       Endorsement of the               1  No.          
 (CAP) (H). CAP         application by HQ                               
 members operating      CAP-USAF/XOO, 105                               
 personal or CAP        South Hansell                                   
 aircraft for           Street, Maxwell AFB                             
 official CAP           AL 36112-6332.                                  
 activities.                                                            
Aero club members      Membership validation            6  No.          
 (I). Individuals       by the aero club                                
 operating their own    manager on the DD                               
 aircraft at the Air    Form 2401.                                      
 Force airfield where                                                   
 they hold active                                                       
 aero club membership.                                                  
Weather alternate      Certification of                 1  Yes.         
 (J). An Air Force      scheduled air                                   
 airfield identified    carrier status, such                            
 on a scheduled air     as the US Department                            
 carrier's flight       of Transportation                               
 plan as an alternate   Fitness Certificate.                            
 airport as                                                             
 prescribed by                                                          
 Federal Aviation                                                       
 Regulations (FARs)                                                     
 or equivalent                                                          
 foreign government                                                     
 regulations. The                                                       
 airfield can only be                                                   
 used if weather                                                        
 conditions develop                                                     
 while the aircraft                                                     
 is in flight that                                                      
 preclude landing at                                                    
 the original                                                           
 destination.                                                           
 Aircraft may not be                                                    
 dispatched from the                                                    
 point of departure                                                     
 to an Air Force                                                        
 airfield designated                                                    
 as an approved                                                         
 weather alternate.                                                     
Note: Only those                                                        
 airfields identified                                                   
 on the list at                                                         
 Attachment 2 are                                                       
 available for use as                                                   
 weather alternates.                                                    
Air Mobility Command   International flights            3  No.          
 (AMC) contract or      must have an AMC                                
 charter (K). An air    Form 8, Civil                                   
 carrier transporting   Aircraft                                        
 passengers or cargo    Certificate, on                                 
 under the terms of     board the aircraft.                             
 an AMC contract.       Domestic flights                                
 (Landing permits for   must have either a                              
 this purpose are       Certificate of QUICK-                           
 processed by HQ AMC/   TRANS (Navy), a                                 
 XOKA, 402 Scott        Certificate of                                  
 Drive, Unit 3A1,       Courier Service                                 
 Scott AFB IL 62225-    Operations (AMC), or                            
 5302.).                a Certificate of                                
                        Intra-Alaska                                    
                        Operations (AMC) on                             
                        board the aircraft.                             
CRAF alternate (KK).   Participant in the               2  Yes.         
 An Air Force           CRAF program and                                
 airfield used as an    authorized by                                   
 alternate airport by   contract.                                       
 air carriers that                                                      
 have contracted to                                                     
 provide aircraft for                                                   
 the Civil Reserve                                                      
 Air Fleet (CRAF).                                                      
US Government          The chartering agency            1  No.          
 contract or charter    and name, address,                              
 operator (L). An air   and telephone number                            
 carrier transporting   of the government                               
 passengers or cargo    official procuring                              
 for a US Government    the transportation                              
 department or agency   must be listed in                               
 other than US          block 4 of the DD                               
 military departments.  Form 2401. An                                   
                        official government                             
                        document, such as an                            
                        SF 1169, US                                     
                        Government                                      
                        Transportation                                  
                        Request, must be on                             
                        board the aircraft                              
                        to substantiate that                            
                        the flight is                                   
                        operating for a US                              
                        Government                                      
                        department or agency.                           
Contractor or          The contractor or                1  No.          
 subcontractor          subcontractor must                              
 charter (M).           provide written                                 
 Aircraft chartered     validation to the                               
 by a US or foreign     decision authority                              
 contractor or          that the charter                                
 subcontractor to       operator will be                                
 transport personnel    operating on their                              
 or cargo in support    behalf in fulfilling                            
 of a current           the terms of a                                  
 government contract.   government contract,                            
                        to include current                              
                        government contract                             
                        numbers and contract                            
                        titles or brief                                 
                        description of the                              
                        work to be                                      
                        performed; the Air                              
                        Force airfields                                 
                        required for use,                               
                        and the name,                                   
                        telephone number,                               
                        and address of the                              
                        government                                      
                        contracting officer.                            
DOD charter (N).       Military Air                     1  No.          
 Aircraft               Transportation                                  
 transporting           Agreement (MATA)                                
 passengers or cargo    approved by the                                 
 within the United      Military                                        
 States for the         Transportation                                  
 military departments   Management Command                              
 to accommodate         (MTMC) (this                                    
 transportation         includes survey and                             
 requirements that do   approval by HQ AMC/                             
 not exceed 90 days.    XOB, 402 Scott                                  
                        Drive, Suite 132,                               
                        Scott AFB IL 62225-                             
                        5363). An SF 1169 or                            
                        SF 1103, US                                     
                        Government Bill of                              
                        Lading, must be on                              
                        board the aircraft                              
                        to validate the                                 
                        operation is for the                            
                        military departments                            
                        as specified in AFJI                            
                        24-211, Defense                                 
                        Traffic Management                              
                        Regulation.                                     
                        (Passenger charters                             
                        arranged by the MTMC                            
                        are assigned a                                  
                        commercial air                                  
                        movement (CAM) or                               
                        civil air freight                               
                        movement number each                            
                        time a trip is                                  
                        awarded.                                        
                        Installations will                              
                        normally be notified                            
                        by message at least                             
                        24 hours before a                               
                        pending CAM.)                                   
Media (F). Aircraft    Except for White                 2  Note 1.      
 transporting           House Press Corps                               
 representatives of     charters,                                       
 the media for the      concurrence of the                              
 purpose of gathering   installation                                    
 information about a    commander, base                                 
 US Government          operations officer,                             
 operation or event.    and public affairs                              
 (Except for the        officer.                                        
 White House Press                                                      
 Corps, use will be                                                     
 considered on a case-                                                  
 by-case basis. For                                                     
 example,                                                               
 authorization is                                                       
 warranted if other                                                     
 forms of                                                               
 transportation                                                         
 preclude meeting a                                                     
 production deadline                                                    
 or such use is in                                                      
 the best interest of                                                   
 the US Government.                                                     
 DD Forms 2400 and                                                      
 2402 should be on                                                      
 file with HQ USAF/                                                     
 XOOBC to ensure                                                        
 prompt telephone                                                       
 approval for                                                           
 validated requests.)                                                   
Commercial aircraft    Application must cite            2  Yes.         
 certification          the applicable FAR,                             
 testing required by    describe the test,                              
 the FARs that does     and include the name                            
 not involve use of     and telephone number                            
 Air Force testing      of the FAA                                      
 hardware (P).          certification                                   
                        officer.                                        
[[Page 15095]]                                                          
                                                                        
Commercial             Copy of letter from              2  Yes.         
 development testing    HQ AFMC/DOR, 4225                               
 at Air Force flight    Logistics Avenue,                               
 test facilities (Q).   Suite 2, Wright                                 
                        Patterson AFB OH                                
                        45433-5714,                                     
                        validating approval                             
                        and compliance with                             
                        AFI 99-101,                                     
                        Development, Test,                              
                        and Evaluation.                                 
Commercial charter     Unavailability of:               5  Yes.         
 operations (R).       a. a suitable civil                              
 Aircraft               airport,                                        
 transporting          b. aircraft that                                 
 passengers or cargo    could operate into                              
 for hire for other     the local civil                                 
 than US military       airport, or                                     
 departments.          c. other modes of                                
Note: Federal           transportation that                             
 Aviation               would reasonably                                
 Administration (FAA)   satisfy the                                     
 certification is       transportation                                  
 required for           requirement.                                    
 airfields used by                                                      
 carriers certified                                                     
 under FAR, Part 121                                                    
 (passenger aircraft                                                    
 that exceed 30                                                         
 passenger seats). HQ                                                   
 USAF/XOOBC will                                                        
 request that FAA                                                       
 issue an airport                                                       
 operating                                                              
 certificate under                                                      
 FAR, Part 139, as                                                      
 necessary.                                                             
 Exceptions to the                                                      
 requirement for                                                        
 certification are                                                      
 Air Force airfields                                                    
 used for:                                                              
    a. Emergencies.                                                     
    b. Weather                                                          
 alternates.                                                            
    c. Air taxi                                                         
 operations under                                                       
 FAR, Part 135. Note:                                                   
 This is currently                                                      
 under review.                                                          
 Anticipate a change                                                    
 that will eliminate                                                    
 the air taxi                                                           
 exemption.                                                             
    d. Air carrier                                                      
 operations in                                                          
 support of contract                                                    
 flights exclusively                                                    
 for the US military                                                    
 departments.                                                           
Commercial air crew    Memorandum of                    2  Yes.         
 training flights       Understanding                                   
 (S). Aircraft          approved by HQ USAF/                            
 operated by            XOOBC that                                      
 commercial air         establishes                                     
 carrier crews for      conditions and                                  
 the purpose of         responsibilities in                             
 maintaining required   conducting the                                  
 proficiency.           training flights.                               
Private, non-revenue-  The verification will            4  Note 2.      
 producing flights      vary with the                                   
 (T). Aircraft          purpose for use. For                            
 operating for a        example, when use is                            
 variety of reasons,    requested in                                    
 such as transporting   conjunction with                                
 individuals to meet    events such as                                  
 with government        meetings or                                     
 representatives or     ceremonies, the                                 
 participate in         applicant must                                  
 government sponsored   provide the name and                            
 ceremonies and         telephone number of                             
 similar events. At     the government                                  
 specified locations,   project officer.                                
 the purpose of use                                                     
 may be to gain                                                         
 access to collocated                                                   
 private sector                                                         
 facilities as                                                          
 authorized by lease,                                                   
 agreement, or                                                          
 contract.                                                              
Provisional airfield   Memorandum of                    2  Yes.         
 (U). An Air Force      Understanding,                                  
 airfield used by       Letter of Agreement,                            
 civil aircraft when    or lease that                                   
 the local civil        establishes                                     
 airport is             responsibilities and                            
 temporarily            conditions for use.                             
 unavailable, or by a                                                   
 commercial air                                                         
 carrier operating at                                                   
 a specific remote                                                      
 location to provide                                                    
 commercial air                                                         
 transportation for                                                     
 local military                                                         
 members under the                                                      
 provisions of a                                                        
 lease or other legal                                                   
 instrument.                                                            
Foreign government     Application must                 2  Note 3.      
 charter (V).           include name and                                
 Aircraft chartered     telephone number of                             
 by a foreign           the foreign                                     
 government to          government                                      
 transport passengers   representative                                  
 or cargo.              responsible for                                 
                        handling the charter                            
                        arrangements.                                   
Flights transporting   FMS case number,                 2  Note 3.      
 foreign military       requisition numbers,                            
 sales (FMS) material   delivery term code                              
 (W). (Hazardous,       and information as                              
 oversized, or          specified below:                                
 classified cargo      a. Description of                                
 only.)                 cargo (nomenclature                             
                        and or proper                                   
                        shipping name). The                             
                        description of                                  
                        hazardous cargo must                            
                        include the                                     
                        Department of                                   
                        Transportation                                  
                        exemption number,                               
                        hazard class, number                            
                        of pieces, and net                              
                        explosive weight.                               
                       b. Name, address, and                            
                        telephone number of                             
                        individual at Air                               
                        Force base that is                              
                        coordinating cargo                              
                        handling and or                                 
                        other required                                  
                        terminal services.                              
                       c. Cargo to be loaded                            
                        or off loaded must                              
                        be equipped with                                
                        sufficient cargo                                
                        pallets and or                                  
                        tiedown materials to                            
                        facilitate handling.                            
                        Compatible 463L                                 
                        pallets and nets                                
                        will be exchanged on                            
                        a one-for-one basis                             
                        for serviceable                                 
                        units. Nonstandard                              
                        pallets and nets                                
                        cannot be exchanged;                            
                        however, they will                              
                        be used to buildup                              
                        cargo loads after                               
                        arrival of the                                  
                        aircraft. Aircraft                              
                        arriving without                                
                        sufficient cargo                                
                        loading and tiedown                             
                        devices must be                                 
                        floor loaded and the                            
                        aircraft crew will                              
                        be responsible for                              
                        purchasing the                                  
                        necessary ropes,                                
                        chains, and so                                  
                        forth.                                          
                       d. US Government FMS                             
                        case management                                 
                        agency to which                                 
                        costs for services                              
                        rendered are                                    
                        chargeable.                                     
                       e. Name, address, and                            
                        telephone number of                             
                        freight forwarder.                              
                       f. Name, address, and                            
                        telephone number of                             
                        shipper.                                        
Certified flight       Documentation that               2  Yes.         
 record attempts (X).   will validate                                   
 Aircraft operating     National Aeronautic                             
 to establish a new     Association or                                  
 aviation record.       Federation                                      
                        Aeronautique                                    
                        Internationale                                  
                        sanction of the                                 
                        record attempt.                                 
[[Page 15096]]                                                          
                                                                        
Political candidates   The Secret Service               2  Yes.         
 (Y). (For security     must confirm that                               
 reasons only)          use has been                                    
 Aircraft either        requested in support                            
 owned or chartered     of its security                                 
 explicitly for a       responsibilities.                               
 Presidential or Vice                                                   
 Presidential                                                           
 candidate, including                                                   
 not more than one                                                      
 accompanying                                                           
 overflow aircraft                                                      
 for the candidate's                                                    
 staff and press                                                        
 corps. Candidate                                                       
 must be a                                                              
 Presidential or Vice                                                   
 Presidential                                                           
 candidate who is                                                       
 being furnished                                                        
 protection by the US                                                   
 Secret Service.                                                        
 Aircraft clearance                                                     
 is predicated on the                                                   
 Presidential or Vice                                                   
 Presidential                                                           
 candidate being                                                        
 aboard one of the                                                      
 aircraft (either on                                                    
 arrival or                                                             
 departure). Normal                                                     
 landing fees will be                                                   
 charged. To avoid                                                      
 conflict with US                                                       
 statutes and Air                                                       
 Force operational                                                      
 requirements, and to                                                   
 accommodate                                                            
 expeditious handling                                                   
 of aircraft and                                                        
 passengers, the                                                        
 installation                                                           
 commander will:                                                        
    a. Provide                                                          
 minimum official                                                       
 welcoming party.                                                       
    b. Not provide                                                      
 special facilities.                                                    
    c. Not permit                                                       
 political rallies or                                                   
 speeches on the                                                        
 installation.                                                          
    d. Not provide                                                      
 official                                                               
 transportation to                                                      
 unauthorized                                                           
 personnel, such as                                                     
 the press or local                                                     
 populace.                                                              
Aircraft either owned  Use by other than the            2  No.          
 or personally          President or Vice                               
 chartered for          President must be                               
 transportation of      for official                                    
 the President, Vice    government business.                            
 President, a past      All requests will be                            
 President of the       coordinated with the                            
 United States, the     Office of                                       
 head of any US         Legislative Liaison                             
 federal department     (SAF/LL) as                                     
 or agency, or a        prescribed in AFI 90-                           
 member of the          401, Air Force                                  
 Congress (Z).          Relations with                                  
                        Congress.                                       
------------------------------------------------------------------------
*APPROVING AUTHORITY:                                                   
1 = Can be approved at all levels.                                      
2 = HQ USAF/XOOBC.                                                      
3 = HQ AMC/XOKA.                                                        
4 = Except as specifically delegated in Secs. 855.5(d)(2) and           
  855.5(d)(2)(iii), must be approved by HQ USAF/XOOBC.                  
5 = Except as specifically delegated in Sec. 855.5(d)(2)(i), must be    
  approved by HQ USAF/XOOBC.                                            
6 = Policy concerning private aircraft use of aero club facilities      
  varies from base to base, primarily due to space limitations and      
  military mission requirements. Therefore, applications for use of aero
  club facilities must be processed at base level.                      
Note 1: Landing fees are charged for White House Press Corps flights.   
  Landing fees are not charged if the Air Force has invited media       
  coverage of specific events.                                          
Note 2: Landing fees are charged if flight is not operating in support  
  of official government business.                                      
Note 3: Landing fees are charged unless US Government charters have     
  reciprocal privileges in the foreign country.                         


                               Table 2.--Aircraft Liability Coverage Requirements                               
----------------------------------------------------------------------------------------------------------------
   Aircraft maximum gross                                     Bodily      Property                              
   takeoff weight (MGTOW)             Coverage for            injury       damage             Passenger         
----------------------------------------------------------------------------------------------------------------
12,500 pounds and under.....  Each Person................     $100,000  ...........  $100,000.                  
                              Each Accident..............     $300,000     $100,000  $100,000 multiplied by the 
                                                                                      number of passenger seats.
                              Each Person................     $100,000  ...........  $100,000.                  
More than 12,500 pounds.....  Each Accident..............   $1,000,000   $1,000,000  $100,000 multiplied by 75% 
                                                                                      multiplied by the number  
                                                                                      of passenger seats.       
----------------------------------------------------------------------------------------------------------------


                                             Table 3.--Landing Fees                                             
----------------------------------------------------------------------------------------------------------------
                                                                                        United                  
 Aircraft maximum                                                                      States,                  
  gross takeoff       Normal fee     Unauthorized   Intentional fee   Minimum fee    territories,     Overseas  
  weight (MGTOW)                          fee                                            and                    
                                                                                     possessions                
----------------------------------------------------------------------------------------------------------------
                   $1.50 per 1,000   ............  ................  $20.00.......  X                           
                    lbs MGTOW or                                                                                
                    fraction                                                                                    
                    thereof.                                                                                    
                   $1.70 per 1,000   ............  ................  $25.00.......  .............  X            
                    lbs MGTOW or                                                                                
                    fraction                                                                                    
                    thereof.                                                                                    
Up to and          ................       $100.00  ................  .............  X              X            
 including 12,500                                                                                               
 lbs.                                                                                                           
12,501 to 40,000   ................       $300.00  ................  .............  X              X            
 lbs.                                                                                                           
[[Page 15097]]                                                                                                  
                                                                                                                
Over 40,000 lbs..  ................       $600.00  ................  .............  X              X            
                                                   Increase          .............  X              X            
                                                    unauthorized                                                
                                                    fee by 100% or                                              
                                                    200%.                                                       
----------------------------------------------------------------------------------------------------------------


                                       Table 4.--Parking and Storage Fees                                       
----------------------------------------------------------------------------------------------------------------
  Fee per aircraft for each 24-hour                                                                             
           period or less             Minimum fee           Charge begins                Ramp          Hangar   
----------------------------------------------------------------------------------------------------------------
$1.00 per 100,000 lbs MGTOW or             $20.00  6 hours after landing..........  X                           
 fraction thereof.                                                                                              
$2.00 per 100,000 lbs MGTOW or             $20.00  Immediately....................  .............  X            
 fraction thereof.                                                                                              
----------------------------------------------------------------------------------------------------------------

Attachment 1 to Part 855--Definitions

    Aircraft. Any contrivance now known or hereafter invented, used, 
or designated for navigation of or flight in navigable airspace as 
defined in the Federal Aviation Act.
    Airfield. An area prepared for the accommodation (including any 
buildings, installations, and equipment), landing, and take-off of 
aircraft.
    Authorized Credit letter. A letter of agreement that qualified 
operators must file with the Air Force to purchase Air Force 
aviation fuel and oil on a credit basis under the provisions of AFM 
67-1, vol 1, part three, chapter 1, Air Force Stock Fund and DPSC 
Assigned Item Procedures.
    Civil Aircraft. Any United States or foreign-registered aircraft 
owned by non-governmental entities, and foreign government-owned 
aircraft that are operated for commercial purposes.
    Civil Aviation. All civil aircraft of any national registry, 
including:

--Commercial Aviation. Civil aircraft that transport passengers or 
cargo for hire.
--General Aviation. Civil aircraft that do not transport passengers 
or cargo for hire.

    Civil Reserve Air Fleet (CRAF). US registered aircraft, 
certificated under FAR Part 121, obligated by contract to provide 
aircraft and crews to the Department of Defense (DOD) during 
contingencies or war.
    DD Form 2400, Civil Aircraft Certificate of Insurance. A 
certificate that shows the amount of third-party liability insurance 
carried by the user and assures the United States Government of 
advance notice if changes in coverage occur.
    DD Form 2401, Civil Aircraft Landing Permit. A license which, 
when validated by an Air Force approving authority, authorizes the 
civil aircraft owner or operator to use Air Force airfields.
    DD Form 2402, Civil Aircraft Hold Harmless Agreement. An 
agreement, completed by the user, which releases the United States 
Government from all liabilities incurred in connection with civil 
aircraft use of Air Force airfields.
    Government Aircraft. Aircraft owned, operated, or controlled for 
exclusive, long-term use by any department or agency of either the 
United States or a foreign government; and aircraft owned by any 
United States state, county, municipality or other political 
subdivision; or any aircraft for which a government has the 
liability responsibility. In the context of this Part, it includes 
foreign registered aircraft, which are normally commercially 
operated, that have been wholly chartered for use by foreign 
government heads of state for official state visits.
    Government Furnished or Bailed Aircraft. US Government-owned 
aircraft provided to a government contractor for use in conjunction 
with a specific contractual requirement.
    Installation Commander. The individual responsible for all 
operations performed by an installation.
    Loaned Aircraft. US Government-owned aircraft made available for 
use by another US Government agency. This does not include aircraft 
leased or loaned to non-governmental entities. Such aircraft will be 
considered as civil aircraft for purposes of this part.
    Military Aircraft. Aircraft used exclusively in the military 
services of the US or a foreign government and bearing appropriate 
military and national markings or carrying appropriate 
identification.
    Official Government Business. Activities that support or serve 
the needs of US federal agencies located at or in the immediate 
vicinity of an Air Force installation, including nonappropriated 
fund entities. For elected or appointed federal, state, and local 
officeholders, official business is activity performed in fulfilling 
duties as a public official.
    Scheduled Air Carrier. An air carrier that holds a scheduled air 
carrier certificate and provides scheduled service year round 
between two or more points.
    Unauthorized Landing. A landing at an Air Force airfield by a 
civil aircraft without prior authority (approved DD Form 2401 and 24 
hours prior notice).
    User. The person, corporation, or other responsible entity 
operating civil aircraft at Air Force airfields.

Attachment 2 to Part 855--Weather Alternate List Air Force Airfields 
Designated for Weather Alternate use by Scheduled Air Carriers

Altus AFB OK
Andersen AFB Guam
Cannon AFB NM
Dobbins ARB GA
Dyess AFB TX
Eareckson AFS AK*
Eglin AFB FL
Eielson AFB AK
Ellsworth AFB SD
Elmendorf AFB AK
Fairchild AFB WA
Grand Forks AFB ND
Hill AFB UT
Howard AFB PN
Kadena AFB OKINAWA
Kelly AFB TX
Kunsan AFB KOREA
Langley AFB VA
Laughlin AFB TX
Malmstrom AFB MT
McChord AFB WA
McConnell AFB KS
Minot AFB ND
Mt Home AFB ID
Nellis AFB NV
Offutt AFB NE
Osan AFB KOREA
Plant 42, Palmdale CA
Travis AFB CA
Tyndall AFB FL

Yokota AFB Japan

*Formerly Shemya AFB

Attachment 3 to Part 855--Landing Permit Application Instructions

    A3.1. DD Form 2400, Civil Aircraft Certificate of Insurance: The 
insurance company or its authorized agent must complete and sign the 
DD Form 2400. Corrections to the form made using a different 
typewriter, pen, or whiteout must be initialed by the signatory. THE 
FORM CANNOT BE COMPLETED BY THE AIRCRAFT OWNER OR OPERATOR. Upon 
expiration, the DD Form 2400 must be resubmitted along with DD Form 
2401 for continued use of Air Force airfields. The DD Form 2400 may 
be submitted to the decision authority by either the user or 
insurer.

(Approved by the Office of Management and Budget under control 
number 0701-0050)

    A3.1.1. Block 1, Date Issued. The date the DD Form 2400 is 
completed by the signatory.
    A3.1.2. Block 2a and 2b, Insurer Name, Address. The name and 
address of the insurance company. [[Page 15098]] 
    A3.1.3. Block 3a and 3b. Insured Name, Address. The name and 
address of the aircraft owner and or operator. (The name of the user 
must be the same on all the forms.)
    A3.1.4. Block 4a, Policy Number(s). The policy number must be 
provided. Binder numbers or other assigned numbers will not be 
accepted in lieu of the policy number.
    A3.1.5. Block 4b, Effective Date. The first day of current 
insurance coverage.
    A3.1.6. Block 4c, Expiration Date. The last day of current 
insurance coverage. The DD Form 2400 is valid until one day before 
the insurance expiration date. A DD Form 2400 with the statement 
``until canceled,'' in lieu of a specific expiration date, is valid 
for two years from the issue date.
    A3.1.7. Block 5, Aircraft Liability Coverage. The amount of 
split limit coverage. All boxes in block 5 must be completed to 
specify the coverage for: each person (top line, left to right) 
outside the aircraft (bodily injury) and each passenger; and the 
total coverage per accident (second line, left to right) for: 
persons outside the aircraft (bodily injury), property damage, and 
passengers. IF BLOCK 5 IS USED, BLOCK 6 SHOULD NOT BE USED. All 
coverages must be stated in US dollars. ALL SEATS THAT CAN BE USED 
FOR PASSENGERS MUST BE INSURED. See Table 2 for required minimum 
coverage.
    A3.1.8. Block 6, Single Limit. The maximum amount of coverage 
per accident. IF BLOCK 6 IS USED, BLOCK 5 SHOULD NOT BE USED. The 
minimum coverage required for a combined single limit is determined 
by adding the minimums specified in the ``each accident'' line of 
Table 2. All coverages must be stated in US dollars. ALL SEATS THAT 
CAN BE USED FOR PASSENGERS MUST BE INSURED.
    A3.1.9. Block 7, Excess Liability. The amount of coverage which 
exceeds primary coverage. All coverages must be stated in US 
dollars.
    A3.1.10. Block 8, Provisions of Amendments or Endorsements of 
Listed Policy(ies). Any modification of this block by the insurer or 
insured invalidates the DD Form 2400.
    A3.1.11. Block 9a, Typed Name of Insurer's Authorized 
Representative. Individual must be an employee of the insurance 
company, an agent of the insurance company, or an employee of an 
insurance broker.
    A3.1.12. Block 9b, Signature. The form must be signed in blue 
ink so that hand scribed, original signatures are easy to identify. 
Signature stamps or any type of facsimile signature cannot be 
accepted.
    A3.1.13. Block 9c, Title. Self-explanatory.
    A3.1.14. Block 9d, Telephone Number. Self-explanatory.
    A3.1.15. THE REVERSE OF THE FORM MAY BE USED IF ADDITIONAL SPACE 
IS REQUIRED.
    A3.2. DD Form 2401, Civil Aircraft Landing Permit. A separate DD 
Form 2401 must be submitted for each purpose of use (Table 1). 
(Approved by the Office of Management and Budget under control 
number 0701-0050).
    A3.2.1. Block 1a. The name of the owner or operator. (The name 
of the user must be the same on all the forms.)
    A3.2.2. Block 1b. This block should only be completed if the 
applicant is a subsidiary, division, etc, of another company.
    A3.2.3. Block 1c. Business or home address, whichever is 
applicable, of applicant.
    A3.2.4. Block 2. List the airfields where the aircraft will be 
operating. The statement ``Any US Air Force Installation Worldwide'' 
is acceptable for users performing AMC and White House Press Corps 
charters. ``All Air Force airfields in the CONUS'' is acceptable, if 
warranted by official government business, for all users.
    A3.2.5. Block 3. Self-explanatory. (Users will not necessarily 
be denied landing rights if pilots are not instrument rated and 
current.)
    A3.2.6. Block 4. Provide a brief explanation of purpose for use. 
The purposes normally associated with use of Air Force airfields are 
listed in Table 1. If use for other purposes is requested, it may be 
approved if warranted by unique circumstances. (The verification 
specified for each purpose of use must be included with the 
application.)
    A3.2.7. Block 5. EXCEPT AS NOTED FOR BLOCK 5C, ALL ITEMS MUST BE 
COMPLETED.
    A3.2.8. Block 5a and Block 5b. Self-explanatory.
    A3.2.9. Block 5c. If the DD Form 2400, Certificate of Insurance, 
indicates coverage for ``any aircraft of the listed model owned and 
or operated,'' the same statement can be used in block 5c in lieu of 
specific registration numbers.
    A3.2.10. Block 5d. The capacity provided must reflect only the 
number of crew required to operate the aircraft. The remaining seats 
are considered passenger seats.
    A3.2.11. Block 5e. Self-explanatory.
    A3.2.12. Block 5d. A two-way radio is required. Landing rights 
will not necessarily be denied for lack of strobe lights, a 
transponder, or IFR capabilities.
    A3.2.13. Block 6a. Self-explanatory.
    A3.2.14. Block 6b. If the applicant is an individual, this block 
should not be completed.
    A3.2.15. Block 6c. This block should contain a daytime telephone 
number.
    A3.2.16. Block 6d. The form must be signed in blue ink so that 
hand scribed, original signatures are easy to identify. Signature 
stamps or any type of facsimile signature cannot be accepted.
    A3.2.17. Block 6e. Self-explanatory.
    A3.2.18. THE REVERSE OF THE FORM MAY BE USED IF ADDITIONAL SPACE 
IS REQUIRED.
    BLOCKS 7A THROUGH 14C ARE NOT COMPLETED BY THE APPLICANT.
    A3.2.19. Blocks 7a and 7b. The expiration date of a permit is 
determined by the insurance expiration date or the purpose of use. 
For example, the dates of an air show will determine the expiration 
date of a permit approved for participation in the air show. If the 
insurance expiration is used to determine the permit expiration 
date, the landing permit will expire one day before the insurance 
expiration date shown on the DD Form 2400, or 2 years from the date 
the permit is issued when the insurance expiration date either 
exceeds 2 years or is indefinite (for example, ``until canceled'').
    A3.2.20. APPROVED PERMITS CANNOT BE CHANGED WITHOUT THE CONSENT 
OF THE APPROVING AUTHORITY.
    A3.2.21. DD FORMS 2400 AND 2401 MUST BE RESUBMITTED TO RENEW A 
LANDING PERMIT. (Corporations must resubmit the DD Form 2402 every 
five years.)
    A3.3. DD Form 2402, Civil Aircraft Hold Harmless Agreement. A 
form submitted and accepted by an approving authority for an 
individual remains valid and need not be resubmitted to the same 
approving authority, unless canceled for cause. Forms submitted by 
companies, organizations, associations, etc, must be resubmitted at 
least every five years.

(Approved by the Office of Management and Budget under control 
number 0701-0050).

    A3.3.1. Block 2a(1). This block should contain the user's name 
if the applicant is a company. If the hold harmless agreement is 
intended to cover other entities of a parent company, their names 
must also be included in this block.
    A3.3.2. Block 2a(2). This block should contain the user's 
address if the applicant is a company.
    A3.3.3. Block 2b(1). This block should contain the name of the 
individual applying for a landing permit or the name of a corporate 
officer that is authorized to legally bind the corporation from 
litigation against the Air Force.
    A3.3.4. Block 2b(2). This block should contain the address of 
the individual applying for a landing permit. A company address is 
only required if it is different from the address in block 2a(2).
    A3.3.5. Block 2b(3). The form must be signed in blue ink so that 
hand scribed, original signatures are easy to identify. Signature 
stamps or any type of facsimile signature cannot be accepted.
    A3.3.6. Block 2b(4). This block should only be completed when 
the applicant is a company, organization, association, etc.
    A3.3.7. Block 3a(1). If the applicant is a company, 
organization, association, etc., the form must be completed and 
signed by the corporate secretary or a second corporate officer 
(other than the officer executing DD Form 2402) to certify the 
signature of the first officer. As necessary, the US Air Force also 
may require that the form be authenticated by an appropriately 
designated third official.
    A3.3.8. Block 3a(2). The form must be signed in blue ink so that 
hand scribed, original signatures are easy to identify. Signature 
stamps or any type of facsimile signature cannot be accepted.
    A3.3.9. Block 3a(3). Self-explanatory.
    A3.3.10. Block 4. Self-explanatory.

Attachment 4 to Part 855--Sample Joint-Use Agreement

Joint-Use Agreement Between an Airport Sponsor and the United States 
Air Force

    This Joint Use Agreement is made and entered into this 
________________ day of ________________ 19____ , by and between the 
Secretary of the Air Force, for and on behalf of the United States 
of America (``Air Force'') and an airport sponsor (``Sponsor'') 
[[Page 15099]] a public body eligible to sponsor a public airport.
    Whereas, the Air Force owns and operates the runways and 
associated flight facilities (collectively ``flying facilities'') 
located at Warbucks Air Force Base, USA (``WAFB''); and
    Whereas, Sponsor desires to use the flying facilities at WAFB to 
permit operations by general aviation aircraft and commercial air 
carriers (scheduled and nonscheduled) jointly with military 
aircraft; and
    Whereas, the Air Force considers that this Agreement will be in 
the public interest, and is agreeable to joint use of the flying 
facilities at WAFB; and
    Whereas, this Agreement neither addresses nor commits any Air 
Force real property or other facilities that may be required for 
exclusive use by Sponsor to support either present or future civil 
aviation operations and activities in connection with joint use; and
    Whereas, the real property and other facilities needed to 
support civil aviation operations are either already available to or 
will be diligently pursued by Sponsor;
    Now, Therefore, it is agreed:

1. Joint Use

    a. The Air Force hereby authorizes Sponsor to permit aircraft 
equipped with two-way radios capable of communicating with the WAFB 
Control Tower to use the flying facilities at WAFB, subject to the 
terms and conditions set forth in this Agreement and those Federal 
Aviation Regulations (FAR) applicable to civil aircraft operations. 
Civil aircraft operations are limited to 20,000 per calendar year. 
An operation is a landing or a takeoff. Civil aircraft using the 
flying facilities of WAFB on official Government business as 
provided in Air Force Instruction (AFI) 10-1001, Civil Aircraft 
Landing Permits, are not subject to this Agreement.
    b. Aircraft using the flying facilities of WAFB under the 
authority granted to Sponsor by this Agreement shall be entitled to 
use those for landings, takeoffs, and movement of aircraft and will 
normally park only in the area made available to Sponsor and 
designated by them for that purpose.
    c. Government aircraft taking off and landing at WAFB will have 
priority over all civil aircraft at all times.
    d. All ground and air movements of civil aircraft using the 
flying facilities of WAFB under this Agreement, and movements of all 
other vehicles across Air Force taxiways, will be controlled by the 
WAFB Control Tower. Civil aircraft activity will coincide with the 
WAFB Control Tower hours of operation. Any additional hours of the 
WAFB Control Tower or other essential airfield management, or 
operational requirements beyond those needed by the Air Force, shall 
be arranged and funded (or reimbursed) by Sponsor. These charges, if 
any, shall be in addition to the annual charge in paragraph 2 and 
payable not less frequently than quarterly.
    e. No civil aircraft may use the flying facilities for training.
    f. Air Force-owned airfield pavements made available for use 
under this Agreement shall be for use on an ``as is, where is'' 
basis. The Air Force will be responsible for snow removal only as 
required for Government mission accomplishment.
    g. Dust or any other erosion or nuisance that is created by, or 
arises out of, activities or operations by civil aircraft authorized 
use of the flying facilities under this Agreement will be corrected 
by Sponsor at no expense to the Air Force, using standard 
engineering methods and procedures.
    h. All phases of planning and construction of new runways and 
primary taxiways on Sponsor property must be coordinated with the 
WAFB Base Civil Engineer. Those intended to be jointly used by Air 
Force aircraft will be designed to support the type of military 
aircraft assigned to or commonly transient through WAFB.
    i. Coordination with the WAFB Base Civil Engineer is required 
for planning and construction of new structures or exterior 
alteration of existing structures that are owned or leased by 
Sponsor.
    j. Sponsor shall comply with the procedural and substantive 
requirements established by the Air Force, and Federal, State, 
interstate, and local laws, for the flying facilities of WAFB and 
any runway and flight facilities on Sponsor property with respect to 
the control of air and water pollution; noise; hazardous and solid 
waste management and disposal; and hazardous materials management.
    k. Sponsor shall implement civil aircraft noise mitigation plans 
and controls at no expense to and as directed by the Air Force, 
pursuant to the requirements of the WAFB Air Installation Compatible 
Use Zone (AICUZ) study; the FAA Part 150 study; and environmental 
impact statements and environmental assessments, including 
supplements, applicable to aircraft operations at WAFB.
    l. Sponsor shall comply, at no expense to the Air Force, with 
all applicable FAA security measures and procedures as described in 
the Airport Security Program for WAFB.
    m. Sponsor shall not post any notices or erect any billboards or 
signs, nor authorize the posting of any notices or the erection of 
any billboards or signs at the airfield of any nature whatsoever, 
other than identification signs attached to buildings, without prior 
written approval from the WAFB Base Civil Engineer.
    n. Sponsor shall neither transfer nor assign this Agreement 
without the prior written consent of the Air Force.

2. Payment

    a. For the purpose of reimbursing the Air Force for Sponsor's 
share of the cost of maintaining and operating the flying facilities 
of WAFB as provided in this Agreement, Sponsor shall pay, with 
respect to civil aircraft authorized to use those facilities under 
this Agreement, the sum of (specify sum) annually. Payment shall be 
made quarterly, in equal installments.
    b. All payments due pursuant to this Agreement shall be payable 
to the order of the Treasurer of the United States of America, and 
shall be made to the Accounting and Finance Officer, WAFB, within 
thirty (30) days after each quarter. Quarters are deemed to end on 
December 31, March 31, June 30, and September 30. Payment shall be 
made promptly when due, without any deduction or setoff. Interest at 
the rate prescribed by the Secretary of the Treasury of the United 
States shall be due and payable on any payment required to be made 
under this Agreement that is not paid within ten (10) days after the 
date on which such payment is due and end on the day payment is 
received by the Air Force.

3. Services

    Sponsor shall be responsible for providing services, 
maintenance, and emergency repairs for civil aircraft authorized to 
use the flying facilities of WAFB under this Agreement at no cost to 
the Air Force. If Air Force assistance is required to repair an 
aircraft, Sponsor shall reimburse the Air Force for all expenses of 
such services. Any required reimbursement shall be paid not less 
frequently than quarterly. These charges are in addition to the 
annual charge specified in paragraph 2.

4. Fire Protection and Crash Rescue

    a. The Air Force maintains the level of fire fighting, crash, 
and rescue capability required to support the military mission at 
WAFB. The Air Force agrees to respond to fire, crash, and rescue 
emergencies involving civil aircraft outside the hangars or other 
structures within the limits of its existing capabilities, 
equipment, and available personnel, only at the request of Sponsor, 
and subject to subparagraphs b, c, and d below. Air Force fire 
fighting, crash, and rescue equipment and personnel shall not be 
routinely located in the airfield movement area during nonemergency 
landings by civil aircraft.
    b. Sponsor shall be responsible for installing, operating, and 
maintaining, at no cost to the Air Force, the equipment and safety 
devices required for all aspects of handling and support for 
aircraft on the ground as specified in the FARs and National Fire 
Protection Association procedures and standards.
    c. Sponsor agrees to release, acquit, and forever discharge the 
Air Force, its officers, agents, and employees from all liability 
arising out of or connected with the use of or failure to supply in 
individual cases, Air Force fire fighting and or crash and rescue 
equipment or personnel for fire control and crash and rescue 
activities pursuant to this Agreement. Sponsor further agrees to 
indemnify, defend, and hold harmless the Air Force, its officers, 
agents, and employees against any and all claims, of whatever 
description, arising out of or connected with such use of, or 
failure to supply Air Force fire fighting and or crash and rescue 
equipment or personnel.
    d. Sponsor will reimburse the Air Force for expenses incurred by 
the Air Force for fire fighting and or crash and rescue materials 
expended in connection with providing such service to civil 
aircraft. The Air Force may, at its option, with concurrence of the 
National Transportation Safety Board, remove crashed civil aircraft 
from Air Force-owned pavements or property and shall follow existing 
Air Force directives and or [[Page 15100]] instructions in 
recovering the cost of such removal.
    e. Failure to comply with the above conditions upon reasonable 
notice to cure or termination of this Agreement under the provisions 
of paragraph 7 may result in termination of fire protection and 
crash and rescue response by the Air Force.
    f. The Air Force commitment to assist Sponsor with fire 
protection shall continue only so long as a fire fighting and crash 
and rescue organization is authorized for military operations at 
WAFB. The Air Force shall have no obligation to maintain or provide 
a fire fighting, and crash and rescue organization or fire fighting 
and crash and rescue equipment; or to provide any increase in fire 
fighting and crash and rescue equipment or personnel; or to conduct 
training or inspections for purposes of assisting Sponsor with fire 
protection.

5. Liability and Insurance

    a. Sponsor will assume all risk of loss and or damage to 
property or injury to or death of persons by reason of civil 
aviation use of the flying facilities of WAFB under this Agreement, 
including, but not limited to, risks connected with the provision of 
services or goods by the Air Force to Sponsor or to any user under 
this Agreement. Sponsor further agrees to indemnify and hold 
harmless the Air Force against, and to defend at Sponsor expense, 
all claims for loss, damage, injury, or death sustained by any 
individual or corporation or other entity and arising out of the use 
of the flying facilities of WAFB and or the provision of services or 
goods by the Air Force to Sponsor or to any user, whether the claims 
be based in whole, or in part, on the negligence or fault of the Air 
Force or its contractors or any of their officers, agents, and 
employees, or based on any concept of strict or absolute liability, 
or otherwise.
    b. Sponsor will carry a policy of liability and indemnity 
insurance satisfactory to the Air Force, naming the United States of 
America as an additional insured party, to protect the Government 
against any of the aforesaid losses and or liability, in the sum of 
not less than (specify sum) bodily injury and property damage 
combined for any one accident. Sponsor shall provide the Air Force 
with a certificate of insurance evidencing such coverage. A new 
certificate must be provided on the occasion of policy renewal or 
change in coverage. All policies shall provide that: (1) no 
cancellation, reduction in amount, or material change in coverage 
thereof shall be effective until at least thirty (30) days after 
receipt of notice of such cancellation, reduction, or change by the 
installation commander at WAFB, (2) any losses shall be payable 
notwithstanding any act or failure to act or negligence of Sponsor 
or the Air Force or any other person, and (3) the insurer shall have 
no right of subrogation against the United States.

6. Term of Agreement

    This Agreement shall become effective immediately and shall 
remain in force and effect for a term of 25 years, unless otherwise 
renegotiated or terminated under the provisions of paragraph 7, but 
in no event shall the Agreement survive the termination or 
expiration of Sponsor's right to use, by license, lease, or transfer 
of ownership, of the land areas used in connection with joint use of 
the flying facilities of WAFB.

7. Renegotiation and Termination

    a. If significant change in circumstances or conditions relevant 
to this Agreement should occur, the Air Force and Sponsor may enter 
into negotiations to revise the provisions of this Agreement, 
including financial and insurance provisions, upon sixty (60) days 
written notice to the other party. Any such revision or modification 
of this Agreement shall require the written mutual agreement and 
signatures of both parties. Unless such agreement is reached, the 
existing agreement shall continue in full force and effect, subject 
to termination or suspension under this section.
    b. Notwithstanding any other provision of this Agreement, the 
Air Force may terminate this Agreement: (1) at any time by the 
Secretary of the Air Force, giving ninety (90) days written notice 
to Sponsor, provided that the Secretary of the Air Force determines, 
in writing, that paramount military necessity requires that joint 
use be terminated, or (2) at any time during any national emergency, 
present or future, declared by the President or the Congress of the 
United States, or (3) in the event that Sponsor ceases operation of 
the civil activities at WAFB for a period of one (1) year, or (4) in 
the event Sponsor violates any of the terms and conditions of this 
Agreement and continues and persists therein for thirty (30) days 
after written notification to cure such violation. In addition to 
the above rights, the Air Force may at any time suspend this 
agreement if violations of its terms and conditions by Sponsor 
create a significant danger to safety, public health, or the 
environment at WAFB.
    c. The failure of either the Air Force or Sponsor to insist, in 
any one or more instances, upon the strict performance of any of the 
terms, conditions, or provisions of this Agreement shall not be 
construed as a waiver or relinquishment of the right to the future 
performance of any such terms, conditions, or provisions. No 
provision of this Agreement shall be deemed to have been waived by 
either party unless such waiver be in writing signed by such party.

8. Notices

    a. No notice, order, direction, determination, requirement, 
consent, or approval under this Agreement shall be of any effect 
unless it is in writing and addressed as provided herein.
    b. Written communication to Sponsor shall be delivered or mailed 
to Sponsor addressed: The Sponsor, 9000 Airport Blvd, USA.
    c. Written communication to the Air Force shall be delivered or 
mailed to the Air Force addressed: Commander, WAFB, USA.

9. Other Agreements Not Affected

    This Agreement does not affect the WAFB-Sponsor Fire Mutual Aid 
Agreement.
    In Witness Whereof, the respective duly authorized 
representatives of the parties hereto have executed this Agreement 
on the date set forth below opposite their respective signatures.

United States Air Force.

Date:------------------------------------------------------------------

By:--------------------------------------------------------------------
Deputy Assistant Secretary of the Air Force

(Installations)

Date:------------------------------------------------------------------

By:--------------------------------------------------------------------
Sponsor Representative

Attachment 5 to Part 855--Sample Temporary Agreement Letter of 
Agreement, for Temporary Civil Aircraft Operations at Warbucks AFB, USA

    This letter of agreement establishes policies, responsibilities, 
and procedures for commercial air carrier operations at Warbucks 
AFB, USA, (WAFB) for the period (date) through (date) Military 
requirements will take precedence over civil aircraft operations. 
Should a conflict arise between air carrier and Air Force 
operational procedures, Air Force procedures will apply.

Authorized Users

    The following air carriers are authorized use, provided they 
have a civil aircraft landing permit approved at HQ USAF/XOOBC for 
such use: Flyaway Airlines, Recreation Airlines, Economy Airlines, 
PacAir Transport

Schedules

    The Bunker International Airport (BIA) manager or air carrier 
station managers will ensure that the WAFB Airfield Manager is 
provided current airline schedules during the approved period of 
use. Every effort will be made to avoid disruption of the air 
carriers' schedules; however, it is understood that the installation 
commander will suspend or change flight plans when required to 
preclude interference with military activities or operations.

Passenger and Luggage Handling

    The BIA terminal will be used for passenger loading and 
unloading. Security checks will be performed at the terminal before 
loading passengers on buses. Luggage on arriving aircraft will be 
directly offloaded onto vehicles and delivered to the BIA terminal. 
Each arriving and departing bus or vehicle caravan will be 
accompanied by a credentialed representative of the airline or BIA 
to ensure its integrity enroute. Buses or vehicles transporting 
passengers to board an aircraft will not depart WAFB until the 
passengers are airborne. Unless an emergency exists, arriving 
passengers will not deplane until the buses are available for 
transportation to the BIA terminal. All checked luggage will be 
picked up at BIA and delivered directly to the departing aircraft. 
Buses will proceed directly to the aircraft at WAFB alert ramp. 
Luggage on arriving aircraft will be directly offloaded onto a 
vehicle parked on the WAFB alert ramp. WAFB will be notified, in 
advance, if a local funeral home requires access for pickup or 
delivery of deceased persons.

Aircraft Handling and Ground Support Equipment

    Air Force-owned fuel will not be provided. The air carriers will 
provide their own [[Page 15101]] ground support equipment. Refueling 
equipment from BIA will be prepositioned at WAFB on the alert ramp. 
The Air Force shall not be responsible for any damage or loss to 
such equipment, and BIA expressly assumes all risks of any such loss 
or damage and agrees to indemnify and hold the United States 
harmless against any such damage or loss. No routine aircraft 
maintenance will be accomplished at WAFB. Emergency repairs and or 
maintenance are only authorized to avoid extended parking and 
storage of civil aircraft at WAFB.

Customs and Security

    The installation commander will exercise administrative and 
security control over both the aircraft and passengers on WAFB. 
Customs officials will be transported to and from the base by air 
carrier representatives. The installation commander will cooperate 
with customer, health, and other public officials to expedite 
arrival and departure of the aircraft. Air carrier representatives 
will notify the WAFB Airfield Manager, in advance, of armed security 
or law enforcement officers arriving or departing on a flight. BIA 
officials and air carrier representatives must provide the WAFB 
Airfield Manager a list of employees, contractors, and vehicles 
requiring flightline access. Temporary passes will be issued to 
authorized individuals and vehicles.

Fire, Crash, and Rescue Services

    BIA will provide technical information and training for WAFB 
Fire Department personnel prior to (date). Fire, Crash, and Rescue 
Services will be provided in an emergency, but fire trucks will not 
routinely park on the flightline for aircraft arrivals and 
departures. BIA will reimburse WAFB for all such services.

Liability and Indemnification

    The Air Force shall not be responsible for damages to property 
or injuries to persons which may arise from or be incident to the 
use of WAFB by BIA under this Agreement, or for damages to the 
property of BIA or injuries to the person of BIA's officers, agents, 
servants, employees, or invitees. BIA agrees to assume all risks of 
loss or damage to property and injury or death to persons by reason 
of or incident to the use of WAFB under this Agreement and expressly 
waives any and all claims against the United States for any such 
loss, damage, personal injury, or death caused by or occurring as a 
consequence of such use. BIA further agrees to indemnify, save, and 
hold the United States, its officers, agents, and employees harmless 
from and against all claims, demands, or actions, liabilities, 
judgments, costs, and attorneys fees, arising out of, claimed on 
account of, or in any manner predicated upon personal injury, death 
or property damage resulting from, related to, caused by, or arising 
out of the use of WAFB under this Agreement.

Fees

    Landing and parking fees will be charged in accordance with to 
AFI 10-1001, Civil Aircraft Landing Permits. Charges will be made in 
accordance with the appropriate Air Force Instructions for any 
services or supplies required from WAFB. The WAFB Airfield Manager 
will be responsible for consolidating all charges which will be 
billed to BIA not later than (date) by the Accounting and Finance 
Office.
    In Witness Whereof, the respective duly authorized 
representatives of the parties hereto have executed this Agreement 
on the date set forth below opposite their respective signatures.

----------------------------------------------------------------------
BIA Representative
(Name and Title)

Date-------------------------------------------------------------------
----------------------------------------------------------------------
WAFB Representative
(Name and Title)

Date-------------------------------------------------------------------
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 95-6888 Filed 3-21-95; 8:45 am]
BILLING CODE 3910-01-P