Title 32: National Defense
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PART 855—CIVIL AIRCRAFT USE OF UNITED STATES AIR FORCE AIRFIELDS
Section Contents
Subpart A—General Provisions
§ 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 Parking and storage.
§ 855.17 Fees for landing, parking, and storage.
§ 855.18 Aviation fuel and oil purchases.
§ 855.19 Supply and service charges.
Subpart C—Agreements for Civil Aircraft Use of Air Force Airfields
§ 855.20 Joint-use agreements.
§ 855.21 Procedures for sponsor.
§ 855.22 Air Force procedures.
§ 855.23 Other agreements.
Table 1 to Part 855—Purpose of Use/Verification/Approval Authority/Fees
Table 2 to Part 855—Aircraft Liability Coverage Requirements
Table 3 to Part 855—Landing Fees
Table 4 to Part 855—Parking and Storage Fees
Attachment 1 to Part 855—Glossary of References, Abbreviations, Acronyms, and Terms
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.
Source: 60 FR 37349, July 20, 1995, unless otherwise noted.
Subpart A—General Provisions
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§ 855.1 Policy.
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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 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. Access will be granted on an equitable basis.
(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 US Federal laws and regulations that have extraterritorial effect and to applicable international agreements with the country in which the Air Force installation is located.
§ 855.2 Responsibilities.
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(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, Directorate of Environment (HQ USAF/CEVP), and the Deputy Assistant Secretary for Environment, Safety, and Occupational Health (SAF/MIQ). The Air Force Real Estate Agency (AFREA/MI) handles the leases for Air Force-owned land or facilities that may be included in an agreement for joint use.
(b) HQ USAF/XOOBC determines the level of decision authority for landing permits. It delegates decision authority for certain types of use to major commands and installation commanders.
(c) HQ USAF/XOOBC makes the decisions on all requests for exceptions or waivers to this part and related Air Force instructions. The decision process includes consultation with other affected functional area managers when required. Potential impacts on current and future Air Force policies and operations strongly influence such decisions.
(d) Major commands, direct reporting units, and field operating agencies may issue supplements to establish command-unique procedures permitted by and consistent with this part.
§ 855.3 Applicability.
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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
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§ 855.4 Scope.
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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. Access will be granted on an equitable basis. Air Force requirements take precedence over authorized civil aircraft use. This part carries the force of US law, and exceptions are not authorized without prior approval from the Civil Aviation Branch, Bases and Units Division, Directorate of Operations, (HQ USAF/XOOBC), 1480 Air Force Pentagon, Washington DC 20330–1480. Proposed exceptions or waivers are evaluated as to current and future impact on Air Force policy and operations.
§ 855.5 Responsibilities and authorities.
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(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 US, or to applicable international agreements (e.g., status of forces 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 Hold Harmless Agreement, are required for use of Air Force ramps on civil airfields.
(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 , and §855.13(b)(1)(ii).
(2) Ensure that pavement load-bearing capacity will support the aircraft to be operated at the Air Force airfield.
(3) Ensure that aircraft to be operated at Air Force airfields are equipped with an operating two-way radio capable of communicating with 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 to this part.
(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 to this part, before the aircraft operates into the Air Force airfield.
§ 855.6 Aircraft exempt from the requirement for a civil aircraft landing permit.
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(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 Operations1 .
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 is operating under “verbal orders of the commander,” the pilot can provide the telephone number of the cognizant Coast Guard commander.
(5) Contractual agreement to any US, State, or local Government agency in support of operations involving safety of life or property as a result of a disaster.
(6) Government furnished property or bailment contract for use by a contractor, provided the Federal, State, or local Government has retained liability responsibilities.
(7) Civil aircraft transporting critically ill or injured individuals or transplant organs to or from an Air Force installation.
(8) Historic aircraft being delivered for Air Force museum exhibits under the provisions of AFI 84–103, Museum System.2
2 See footnote 1 to §855.6.
§ 855.7 Conditions for use of Air Force airfields.
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The Air Force authorizes use of its airfields for a specific purpose by a named individual or company. The authorization cannot be transferred to a second or third party and does not extend to use for other purposes. An approved landing permit does not obligate the Air Force to provide supplies, equipment, or facilities other than the landing, taxiing, and parking areas. The aircraft crew and passengers are only authorized activities at the installation directly related to the purpose for which use is granted. All users are expected to submit their application (DD Forms 2400, 2401, and 2402) at least 30 days before intended use and, except for use as a weather alternate, CRAF alternate, or emergency landing site, must contact the appropriate installation commander or a designated representative for final landing approval at least 24 hours before arrival. Failure to comply with either time limit may result in denied landing rights.
§ 855.8 Application procedures.
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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 to this part. The user is responsible for reviewing this part and accurately completing the forms before submitting them to the approving authority.
§ 855.9 Permit renewal.
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When a landing permit expires, DD Forms 2401 and 2400 must be resubmitted for continued use of Air Force airfields.
Note: Corporations must resubmit the DD Form 2402 every five years.
§ 855.10 Purpose of use.
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The purposes of use normally associated with civil aircraft operations at Air Force airfields are listed in Table 1. Requests for use for purposes other than those listed will be considered and may be approved if warranted by unique circumstances. A separate DD Form 2401 is required for each purpose of use. (Users can have multiple DD Forms 2401 that are covered by a single DD Form 2400 and DD Form 2402.)
§ 855.11 Insurance requirements.
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Applicants must provide proof of third-party liability insurance on a DD Form 2400, with the amounts stated in US 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 to this part.
(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 to this part 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 US by reason of any payment made under the policy for injury, death, or property damage that might arise, out of or in connection with the insured's use of any Air Force airfield.
(2) The insurance afforded by the policy applies to the liability assumed by the insured under DD Form 2402.
(3) If the insurer or the insured cancels or reduces the amount of insurance afforded under the listed policy before the expiration date indicated on DD Form 2400, the insurer will send written notice of policy cancellation or coverage reduction to the Air Force approving authority at least 30 days before the effective date of the cancellation or reduction. The policy must state that any cancellation or reduction will not be effective until at least 30 days after such notice is sent.
§ 855.12 Processing a permit application.
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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 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 to this part.
(8) Permit Amendments: New entries or revisions to an approved DD Form 2401 may be made only by or with the consent of the approving authority.
(d) Provides the applicant with written disapproval if:
(1) Use will interfere with operations, security, or safety.
(2) Adequate civil facilities are collocated.
(3) Purpose of use is not official Government business and adequate civil facilities are available in the proximity of the requested Air Force airfield.
(4) Use will constitute competition with civil airports or air carriers.
(5) Applicant has not fully complied with this part.
(e) Distributes the approved DD Form 2401 before the first intended landing, when possible, as follows:
(1) Retains original.
(2) Returns two copies to the user.
(3) Provides a copy to HQ USAF/XOOBC.
Note: HQ USAF/XOOBC will provide a computer report of current landing permits to the MAJCOMs, FOAs, DRUs, and installations.
§ 855.13 Civil fly-ins.
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(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 at an Air Force open house requires MAJCOM or FOA approval and an approved landing permit as specified in AFI 35–201, Community Relations3 . 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) for the purpose of attending the open house or demonstration flights associated with marketing a product.
3 See footnote 1 to §855.6.
§ 855.14 Unauthorized landings.
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(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 Procedures4 ).
4 See footnote 1 to §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.
(2) Normal landing fees must be charged and an unauthorized landing fee may be assessed to compensate the Government for the added time, effort, and risk involved in the inadvertent landing. Only the unauthorized landing fee may be waived by the installation commander or a designated representative if, after interviewing the pilot-in-command and appropriate Government personnel, it is determined that flying safety was not significantly impaired. The pilot-in-command may appeal the imposition of an unauthorized landing fee for an inadvertent landing to the MAJCOM, FOA, or DRU whose decision will be final. A subsequent inadvertent landing will be processed as an intentional unauthorized landing.
(d) Intentional unauthorized landings. (1) The installation commander may categorize an unauthorized landing as intentional when there is unequivocal evidence that the pilot deliberately:
(i) Landed without an approved DD Form 2401 on board the aircraft.
(ii) Landed for a purpose not approved on the DD Form 2401.
(iii) Operated an aircraft not of a model or registration number on the approved DD Form 2401.
(iv) Did not request or obtain the required final approval from the installation commander or a designated representative at least 24 hours before aircraft arrival.
(v) Did not obtain landing clearance from the air traffic control tower.
(vi) Landed with an expired DD Form 2401.
(vii) Obtained landing authorization through fraudulent methods, or
(viii) Landed after having been denied a request to land from any Air Force authority, including the control tower.
(2) Normal landing fees and an unauthorized landing fee must be charged. Intentional unauthorized landings increase reporting, processing, and staffing costs; therefore, the unauthorized landing fee for paragraph (d)(1)(i) through (d)(1)(vi) of this section will be increased by 100 percent. The unauthorized landing fee will be increased 200 percent for paragraph (d)(1)(vii) and (d)(1)(viii) of this section.
(3) Intentional unauthorized landings may be prosecuted as a criminal trespass, especially if a debarment letter has been issued. Repeated intentional unauthorized landings prejudice the user's FAA operating authority and jeopardize future use of Air Force airfields.
§ 855.15 Detaining an aircraft.
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(a) An installation commander in the United States, its territories, or its possessions may choose to detain an aircraft for an intentional unauthorized landing until:
(1) The unauthorized landing has been reported to the FAA, HQ USAF/XOOBC, and the appropriate US Attorney.
(2) All applicable charges have been paid.
(b) If the installation commander wishes to release the aircraft before the investigation is completed, he or she must obtain bond, promissory note, or other security for payment of the highest charge that may be assessed.
(c) The pilot and passengers will not be detained longer than is necessary for identification, although they may be permitted to remain in a lounge or other waiting area on the base at their request for such period as the installation commander may determine (normally not to exceed close of business hours at the home office of the entity owning the aircraft, if the operator does not own the aircraft). No person, solely due to an intentional unauthorized landing, will be detained involuntarily after identification is complete without coordination from the appropriate US Attorney, the MAJCOM, FOA, or DRU, and HQ USAF/XOOBC.
§ 855.16 Parking and storage.
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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. Parking and storage may be permitted on a nonexclusive, temporary, or intermittent basis, when compatible with military requirements. 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.
§ 855.17 Fees for landing, parking, and storage.
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(a) Landing, parking, and storage fees (Tables 3 and 4 to this part) are determined by aircraft maximum gross takeoff weight (MGTOW). All fees are normally due and collectable at the time of use of the Air Force airfield. 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.
(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 to this part) are charged if an aircraft must remain beyond the period necessary to conduct official Government business and for all non-official Government business operations.
§ 855.18 Aviation fuel and oil purchases.
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When a user qualifies under the provisions of AFM 67–1, vol. 1, part three, chapter 1, Air Force Stock Fund and DPSC Assigned Item Procedures,5 purchase of Air Force fuel and oil may be made on a cash or credit basis. An application for credit authority can be filed by submitting an Authorized Credit Letter to SA-ALC/SFRL, 1014 Andrews Road, Building 1621, Kelly AFB TX 78241–5603.
5 See footnote 1 to §855.6.
§ 855.19 Supply and service charges.
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Supplies and services furnished to a user will be charged for as prescribed in AFM 67–1, volume 1, part one, chapter 10, section N, Basic Air Force Supply Procedures, and AFR 177–102, paragraph 28.24, Commercial Transactions at Base Level.6 A personal check with appropriate identification, cashier's check, money order, or cash are acceptable means of payment. Charges for handling foreign military sales cargo are prescribed in AFR 170–3, Financial Management and Accounting for Security Assistance and International Programs.7
6 See footnote 1 to §855.6.
7 See footnote 1 to §855.6.
Subpart C—Agreements for Civil Aircraft Use of Air Force Airfields
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§ 855.20 Joint-use agreements.
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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 operations must begin within 5 years of the effective date of an agreement. Operational considerations will be based on the premise that military aircraft will receive priority handling (except in emergencies), if traffic must be adjusted or resequenced. The Air Force normally will not consider personnel increases solely to support civil operations but, if accommodated, all costs must be fully reimbursed by the joint-use sponsor. The Air Force will not provide personnel to install, operate, maintain, alter, or relocate navigation equipment or aircraft arresting systems for the sole use of civil aviation. Changes in equipment or systems to support the civil operations must be funded by the joint-use sponsor. The Air Force must approve siting, design, and construction of the civil facilities.
§ 855.21 Procedures for sponsor.
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To initiate consideration for joint use of an Air Force airfield, a formal proposal must be submitted to the installation commander by a local Government agency eligible to sponsor a public airport. The proposal must include:
(a) Type of operation.
(b) Type and number of aircraft to be located on or operating at the airfield.
(c) An estimate of the number of annual operations for the first 5 years.
§ 855.22 Air Force procedures.
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(a) Upon receipt of a joint-use proposal, the installation commander, without precommitment or comment, will send the documents to the Air Force Representative (AFREP) at the Federal Aviation Administration (FAA) Regional Office within the geographical area where the installation is located. AFI 13–201, Air Force Airspace Management,8 lists the AFREPs and their addresses. The installation commander must provide an information copy of the proposal to HQ USAF/XOOBC, 1480 Air Force Pentagon, Washington DC 20330–1480.
8 See footnote 1 to §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 Property9 . 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 §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 to 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 Agreements10 .
10 See footnote 1 to §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.
§ 855.23 Other agreements.
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(a) Temporary use of Air Force runways occasionally is needed for 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 to Part 855—Purpose of Use/Verification/Approval Authority/Fees
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---------------------------------------------------------------------------------------------------------------- Approval * Purpose of use Verification authority Fees----------------------------------------------------------------------------------------------------------------Contractor or subcontractor (A). A US or Current Government contract 1 No. foreign contractor or subcontractor, numbers; the Air Force airfields operating corporate, personal, or leased required for each contract; a aircraft in conjunction with fulfilling brief description of the work to the terms of a government contract. be performed; and the name, telephone number, and address of the government contracting officer must be provided on the DD Form 2401 or a continuation sheet.Note: Potential contractors may not land at Air Force airfields to pursue or present an unsolicited proposal for procurement of government business. One time authorization can be provided when an authorized US Government representative verifies that the potential contractor has been specifically invited for a sales presentation or to discuss their product.Demonstration (B). Aircraft, aircraft Demonstration or display must be 1 No. with components installed, or aircraft a contractual requirement or transporting components or equipment presented at the request of an operating to demonstrate or display a authorized US Government product to US Government representatives representative. The name, who have procurement authority or address, and telephone number of certification responsibilities. the requesting government (Authority granted under this paragraph representative or contracting does not include aerobatic officer and contract number must demonstrations.). be included on the DD Form 2401.Aerial performance (BB). Aircraft Approval of MAJCOM, FOA, or DRU 1 No. performing aerobatics and or fly-bys at and FAA as specified in AFI 35- Air Force airfields. 201, Community Relations.Active duty US military and other US Social security number in block 1 1 No. uniformed service members with military on DD Form 2401. 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). Members of the US Endorsement from member's 1 No. Reserve Forces (including Reserve commander that validates Officer Training Corps and National military status and requirement Guard) operating their own aircraft, for use of Air Force airfields leased aircraft, or other available listed on the DD Form 2401. The aircraft to fulfill their official duty endorsement may be included on commitment at the installation where the DD Form 2401 or provided their unit is assigned and other separately by letter. When installations for temporary duty appropriate, travel orders must assignments. be on board the aircraft.Dependents of active duty US military Identification card (DD Form 1 No. personnel, other US uniformed service 1173) number or social security personnel, (CC), or US Reserve Forces number, identification card personnel (DD). Dependents operating expiration date, and a letter of their own aircraft, leased aircraft, or endorsement from sponsor. other available aircraft in conjunction with activities related to entitlements as a dependent of a uniformed service member.US Government civil service employees Supervisor's endorsement in block 1 No. (E). Civilian employees of the US 4 of the DD Form 2401. Government operating their own aircraft, Individual must have a copy of leased aircraft, or other available current travel orders or other aircraft for official Government official travel certification business travel. available for verification if requested by an airfield manager or a designated representative.Retired US military members and other Copy of retirement orders on file 1 No. retired US uniformed service members with the approving authority. with a military identification card authorizing use of the commissary, base exchange, and or military medical facilities (G). Retired Service members, operating their own aircraft, leased aircraft, or other available aircraft in conjunction with activities related to retirement entitlements authorized by law or regulation.Dependents of retired US military Identification card (DD Form 1 No. personnel and other retired US uniformed 1173) number or social security service personnel (GG). Dependents of number, identification card retired Service members operating their expiration date, sponsor's own aircraft, leased aircraft, or other retirement orders, and letter of available aircraft in conjunction with endorsement from sponsor. activities related to entitlements authorized by law or regulation as a dependent of a retired Service member.Civil Air Patrol (CAP) (H). CAP members Endorsement of the application by 1 No. operating personal or CAP aircraft for HQ CAP-USAF/XOO, 105 South official CAP activities. Hansell Street, Maxwell AFB AL 36112-6332.Aero club members (I). Individuals Membership validation by the aero 6 No. operating their own aircraft at the Air club manager on the DD Form 2401. Force airfield where they hold active aero club membership.Weather alternate (J). An Air Force List of the destination civil 1 Yes airfield identified on a scheduled air airports for which the alternate carrier's flight plan as an alternate will be used and certification airport as prescribed by Federal of scheduled air carrier status, Aviation Regulations (FARs) or such as the US Department of equivalent foreign Government Transportation Fitness regulations. The airfield can only be Certificate. 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: Scheduled air carriers are defined at Attachment 1. Only those airfields identified on the list at Attachment 2 are available for use as weather alternates. Airfields cannot be used as alternates for non-scheduled operations. Passengers and cargo may not be offloaded, except with the approval of the installation commander when there is no other reasonable alternative. Boarding new passengers and or loading new cargo is not authorized.Air Mobility Command (AMC) contractor International flights must have 3 No. charter (K). An air carrier transporting an AMC Form 8, Civil Aircraft passengers or cargo under the terms of Certificate, on board the an AMC contract. (Landing permits for aircraft. Domestic flights must this purpose are processed by HQ AMC/ have either a Certificate of DOKA, 402 Scott Drive, Unit 3A1, Scott QUICK-TRANS (Navy), a AFB IL 62225-5302.). Certificate of Courier Service Operations (AMC), or a Certificate of Intra-Alaska Operations (AMC) on board the aircraft.CRAF alternate (KK). An Air Force Participant in the CRAF program 2 Yes. airfield used as an alternate airport by and authorized by contract. air carriers that have contracted to provide aircraft for the Civil Reserve Air Fleet (CRAF).US Government contract or charter The chartering agency and name, 1 No. operator (L). An air carrier address, and telephone number of transporting passengers or cargo for a the Government official US Government department or agency other procuring the transportation than US military departments. must be listed in block 4 of the DD Form 2401. An official government document, such as an SF 1169, US government Transportation Request, must be on board the aircraft to substantiate that the flight is operating for a US Government department or agency.Contractor or subcontractor charter (M). The contractor or subcontractor 1 No. Aircraft chartered by a US or foreign must provide written validation contractor or subcontractor to transport to the decision authority that personnel or cargo in support of a the charter operator will be current government contract. operating on their behalf in fulfilling the terms of a government contract, to include current government contract numbers and contract titles or brief description of the work to be performed; the Air Force airfields required for use, and the name, telephone number, and address of the government contracting officer.DOD charter (N). Aircraft transporting Military Air Transportation 1 No. passengers or cargo within the United Agreement (MATA) approved by the States for the military departments to Military Transportation accommodate transportation requirements Management Command (MTMC) (this that do not exceed 90 days. includes survey and approval by HQ AMC/DOB, 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 transporting Except for White House Press 2 Note 1. representatives of the media for the Corps charters, concurrence of purpose of gathering information about a the installation commander, base US Government operation or event. operations officer, and public (Except for the White House Press Corps, affairs officer. 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 certification testing Application must cite the 2 Yes. required by the FARs that only involves applicable FAR, describe the use of normal flight facilities (P). test, and include the name and telephone number of the FAA certification officer.Commercial development testing at Air Statement of Capability Number or 1 Yes. Force flight test facilities (Q) as Cooperative Research and described in AFI 99-101, Development Development Agreement Number, Test & Evaluation. and name and telephone number of the Air Force official who approved support of the test project.Commercial charter operations (R). Unavailability of: 5 Yes. Aircraft transporting passengers or a. a suitable civil airport,..... cargo for hire for other than US b. aircraft that could operate military departments. into the local civil airport, or. c. other modes of transportation that would reasonably satisfy the transportation requirement..Note: Federal Aviation Administration (FAA) certification is required for airfields used by carriers certified under FAR, Part 121 (passenger aircraft that exceed 30 passenger seats). HQ USAF/ XOOBC will request that FAA issue an airport operating certificate under FAR, Part 139, as necessary. Exceptions to the requirement for certification are Air Force airfields used for: a. Emergencies. b. Weather alternates. c. Air taxi operations under FAR, Part 135. Note: This is currently under review. Anticipate a change that will eliminate the air taxi exemption. d. Air carrier operations in support of contract flights exclusively for the US military departments.Commercial air crew training flights (S). Memorandum of Understanding 2 Yes. Aircraft operated by commercial air approved by HQ USAF/XOOBC that carrier crews for the purpose of establishes conditions and maintaining required proficiency. responsibilities in conducting the training flights.Private, non revenue producing flights The verification will vary with 4 Note 2. (T). Aircraft operating for a variety of the purpose for use. For reasons, such as transporting example, when use is requested individuals to meet with Government in conjunction with events such representatives or participate in as meetings or ceremonies, the Government sponsored ceremonies and applicant must provide the name similar events. At specified locations, and telephone number of the the purpose of use may be to gain access Government project officer. to collocated private sector facilities as authorized by lease, agreement, or contract.Provisional airfield (U). An Air Force Memorandum of Understanding, 2 Yes. airfield used by civil aircraft when the Letter of Agreement, or lease local civil airport is temporarily that establishes unavailable, or by a commercial air responsibilities and conditions carrier operating at a specific remote for use. location to provide commercial air transportation for local military members under the provisions of a lease or other legal instrument.Foreign government charter (V). Aircraft Application must include name and 2 Note 3. chartered by a foreign government to telephone number of the foreign transport passengers or cargo. government representative responsible for handling the charter arrangements.Flights transporting foreign military FMS case number, requisition 2 Note 3. sales (FMS) material (W). (Hazardous, numbers, delivery term code and oversized, or classified cargo only.) information as specified below: a. Description of cargo (nomenclature and or proper shipping name). The description of hazardous cargo must include the Department of Transportation exemption number, hazard class, number of pieces, and net explosive weight. b. Name, address, and telephone number of individual at Air Force base that is coordinating cargo handling and or other required terminal services. c. Cargo to be loaded or off loaded must be equipped with sufficient cargo pallets and or tiedown materials to facilitate handling. Compatible 463L pallets and nets will be exchanged on a one-for-one basis for serviceable units. Nonstandard pallets and nets cannot be exchanged; however, they will be used to buildup cargo loads after arrival of the aircraft. Aircraft arriving without sufficient cargo loading and tiedown devices must be floor loaded and the aircraft crew will be responsible for purchasing the necessary ropes, chains, and so forth. d. US Government FMS case management agency to which costs for services rendered are chargeable. e. Name, address, and telephone number of freight forwarder. f. Name, address, and telephone number of shipper.Certified flight record attempts (X). Documentation that will validate 2 Yes. Aircraft operating to establish a new National Aeronautic Association aviation record. or Federation Aeronautique Internationale sanction of the record attempt.Political candidates (Y). (For security The Secret Service must confirm 2 Yes. reasons only) Aircraft either owned or that use has been requested in chartered explicitly for a Presidential support of its security or Vice Presidential candidate, responsibilities. 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 or personally Use by other than the President 2 No. chartered for transportation of the or Vice President must be for President, Vice President, a past official government business. President of the United States, the head All requests will be coordinated of any US Federal department or agency, with the Office of Legislative or a member of the Congress (Z). Liaison (SAF/LL) as prescribed in AFI 90-401, Air Force Relations with Congress.----------------------------------------------------------------------------------------------------------------* Approving Authority:1=Can be approved at all levels.2=HQ USAF/XOOBC.3=HQ AMC/DOKA.4=Except as specifically delegated in paragraphs 2.4.2 and 2.4.2.3, must be approved by HQ USAF/XOOBC.5=Except as specifically delegated in paragraph 2.4.2.1, 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.
---------------------------------------------------------------------------------------------------------------- Aircraft maximum gross takeoff Bodily Property 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.More than 12,500 Pounds............. Each Person............. 100,000 ........... 100,000. Each Accident........... 1,000,000 1,000,000 100,000 multiplied by 75% multiplied by the number of passenger seats.----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- United States, Aircraft Maximum Gross Normal fee Unauthorized Intentional fee Minimum Territories, Overseas Takeoff Weight (MGTOW) fee 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 including 12,500 ............... $100.00 ............... ......... X X lbs.12,501 to 40,000 lbs......... ............... 300.00 ............... ......... X XOver 40,000 lbs.............. ............... 600.00 ............... ......... X X ............... ............ Increase ......... X X unauthorized fee by 100% or 200%.----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------Fee per aircraft for each 24-hour Minimum period or less 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—Glossary of References, Abbreviations, Acronyms, and Terms
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Section A—References
AFPD 10–10, Civil Aircraft Use of United States Air Force Airfields
AFI 10–1001, Civil Aircraft Landing Permits
AFI 13–201, Air Force Airspace Management
AFI 32–7061(32 CFR part 989), Environmental Impact Analysis Process
AFI 32–9003, Granting Temporary Use of Air Force Real Property
AFI 34–117, Air Force Aero Club Program
AFI 35–201, Community Relations
AFI 51–701, Negotiating, Concluding, Reporting, and Maintaining International Agreements
AFI 84–103, Museum System
AFI 90–401, Air Force Relations with Congress
AFI 99–101, Development Test and Evaluation
AFJI 24–211, Defense Traffic Management Regulation
AFM
67–1, vol 1, part 1, Basic Air Force Supply Procedures
AFM 67–1, vol 1, part 3, Air Force Stock Fund and DPSC Assigned Item Procedures
AFMAN 3–132, Air Force Aero Club Operations
AFR 170–3, Financial Management and Accounting for Security Assistance and International Programs
AFR 177–102, Commercial Transactions at Base Level
FAR, Part 121, Certification and Operation: Domestic, Flag, and Supplemental Air Carriers and Commercial Operations of Large Aircraft
FAR, Part 135, Air Taxi Operators and Commercial Operators of Small Aircraft
FAR, Part 139, Certification and Operations: Land Airports Serving Certain Air Carriers
Section B—Abbreviations and Acronyms
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------------------------------------------------------------------------ Abbreviations and acronyms Definitions------------------------------------------------------------------------AFI Air Force Instruction.AFJI Air Force Joint Instruction.AFM Air Force Manual.AFMAN Air Force Manual.AFPD Air Force Policy Directive.AFR Air Force Regulation.AFREP Air Force Representative.AMC Air Mobility Command.AOG Air Operations Group.CAM Commercial Air Movement.CAP Civil Air Patrol.CRAF Civil Reserve Air Fleet.DPSC Defense Personnel Support Center.DRU Direct Reporting Unit.FAA Federal Aviation Administration.FAR Federal Aviation Regulation.FMS Foreign Military Sales.FOA Field Operating Agency.FSDO Flight Standards District Office.HQ AMC/DOKA Headquarters Air Mobility Command, Contract Airlift, Directorate of Operations and Transportation.HQ USAF/CEVP Headquarters United States Air Force, Environmental Planning Division, Directorate of Environment.HQ USAF/XOOBC Headquarters United States Air Force, Civil Aviation, Bases and Units Division, Directorate of Operations.HQ USAF/XOOO Headquarters United States Air Force, Operations Group, Directorate of Operations.MAJCOM Major Command.MATA Military Air Transportation Agreement.MGTOW Maximum Gross Takeoff Weight.MTMC Military Traffic Management Command.SAF/LL Secretary of the Air Force, Office of Legislative Liaison.SAF/MII Secretary of the Air Force, Deputy Assistant Secretary of the Air Force (Installations).SAF/PAC Secretary of the Air Force, Office of Public Affairs, Directorate for Community Relations.US United States.USDAO United States Defense Attache Office.------------------------------------------------------------------------
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Section C—Terms
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 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 instruction, 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 with ultimate responsibility for operating the airfield and for base operations (normally a wing or group commander), as determined by the MAJCOM.
Joint-Use Agreement. An agreement between the Air Force and a local Government agency that establishes a public airport on an Air Force airfield.
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 instruction.
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.
Other Agreement. An agreement between the Air Force and a local Government agency for temporary use of an Air Force runway when a local civil airport is unavailable, or to accommodate a special event or project.
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
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ALTUS AFB OK
ANDERSEN AFB GUAM
CANNON AFB NM
DOBBINS AFB GA
DYESS AFB TX
EARECKSON AFS AK*
*Formerly Shemya AFB.
EGLIN AFB FL
EIELSON AFB AK
ELLSWORTH AFB SD
ELMENDORF AFB AK
FAIRCHILD AFB WA
GRAND FORKS AFB ND
HILL AFB UT
HOWARD AFB PA
KADENA AB OKINAWA
KELLY AFB TX
KUNSAN AB 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 AB KOREA
PLANT 42, PALMDALE CA
TRAVIS AFB CA
TYNDALL AFB FL
YOKOTA AB JAPAN
Attachment 3 to Part 855—Landing Permit Application Instructions
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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.
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
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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”) 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 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
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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 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____________________
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