§ 822.4 Diplomatic agreements and clearances (overseas). (a) The provisions of this part are subject to the provisions of diplomatic agreements or service-to-service arrangements. In case of a conflict these agreements and arrangements will govern. This part will be used as a guide in negotiating technical agreements, at the local level, with representatives of a foreign military service concerning the use of Air Force installations by other than Air Force aircraft. Approval will be obtained from Headquarters USAF for proposed terms which are in conflict with this part.

(b) Operators of civil aircraft will obtain approval for each flight from the government exercising sovereignty over any territory on the route to the Air Force installation including the territory in which the installation is located. Concurrence of the United States Department of State, or the appropriate United States diplomatic representative in the country or countries concerned will be obtained by the operator before requests to use Air Force installations are approved.

§ 822.5 Procedure-(a) General. (1) Requests for the use of active Air Force installations both Zone of Interior and overseas as a regular, provisional, or alternate airport on a scheduled or extended use basis (except as otherwise provided in paragraph (b) of this section), and all requests to use inactive installations, will be forwarded through channels to the Assistant Chief of Staff, Installations, Headquarters USAF, Washington 25, D. C., with the comments and recommendations of the commanders concerned.

(2) AF Forms 180 and 181 are required of all applicants except for government and military aircraft. The applicant will provide evidence of current insurance coverage and an executed AF Form 180, or will execute AF Form 180, before AF Form 181 is approved and issued.

(b) Zone of Interior installations. Subject to the provisions of paragraph (a) (2) of this section, commanders at active installations will permit landings by military and government aircraft and may approve: All one-time landings by civil aircraft, or more than one-time landings by private or executive aircraft operated in connection with official business related to Government activities at

or in the immediate vicinity of the installation. Appropriate records will be maintained at the installation including executed copies of AF Forms 180 and 181 processed at the installation, together with insurance certificates provided by the user. When permits are issued for more than one-time landings, copies of these documents will be forwarded to the Assistant Chief of Staff, Installations, Headquarters USAF.

(c) Oversea installations. (1) Subject to the provisions of paragraph (a) (2) of this section commanders at active Air Force installations will permit landings by military and government aircraft and may approve one-time landings by civil aircraft.

(2) Subject to the provisions of paragraph (a) (2) of this section, air attaches may permit one-time landings to operators of civil, government, or military aircraft upon approval of the installation commander or the headquarters of the major air command concerned. Upon issuance of a permit, the air attache will notify the commander of the installation (s) concerned of the details of the approved proposed flight and will send an information copy of the notification to the appropriate Air Force command and to Headquarters USAF.

(d) Concurrent use. Concurrent use of an installation by commercial aircraft or other flying interests will be governed by this part except as otherwise specified in the instrument by which the Government acquired the installation for Air Force use.

(e) Production aircraft. Aircraft being produced for the Air Force under contract may be permitted to use Air Force installations for testing and experimental purposes as provided in the contract.

(f) Use of ground-controlled approach equipment. Air Force ground-controlled approach equipment may be used for training commercial operators subject to the following conditions:

(1) Major air commands may take final action on applications. In general, training programs will be permitted only at installations at which the major activity is similar to commercial carrier operations.

(2) Schedules and other details of training programs will be subject to the control of the commander of the installation.

(3) Servicing commercial aircraft, extended layovers, or use for other than approved training will not be permitted.

(g) Contract and charter carriers. These aircraft may be permitted to use Air Force installations when identified by certificate issued by the contracting agency, subject to the following conditions.

(1) When a contract is executed on behalf of the United States Government with a contract carrier for an airlift of cargo or passengers, the office negotiating the contract will request the Assistant Chief of Staff, Installations, Headquarters USAF, to issue the necessary authorization for landings at Air Force installations under the provisions of this part. Landing fees will not be charged.

(2) When the services of a charter carrier are utilized by the United States Government, the office issuing the charter will request the Assistant Chief of Staff, Installations, Headquarters USAF, to issue the necessary authorization for landings at Air Force installations under the provisions of this part. Landing fees will not be charged.

(3) Petroleum products may be furnished to contract and charter carriers in accordance with current directives. [19 F. R. 3418, June 10, 1954]

§ 822.6 Applications. Requests for the use of Air Force facilities may be made, in letter form (original and two copies), either to the commander of the installation or direct to the Assistant Chief of Staff, Installations, Headquarters USAF, Washington 25, D. C. Applications for the use of oversea installations may be made either to the appropriate United States diplomatic representative or to the commander of the installation. Each application will be accompanied by AF Forms 180 and 181 in quadruplicate executed by the applicant. One copy of each application and the executed AF Forms 180 and 181 will be retained by the base commander. One copy of AF Form 181 will be carried on the aircraft. Each application will contain information, including that set forth on AF Form 181, as follows:

(a) Name and location of Air Force installation and facilities to be used.

(b) Type of operation (tourist, survey, charter, revenue, nonrevenue, or other) and whether the facility is to be used as a regular, provisional, or alternate airport.

(c) Details of proposed flights including: dates, purpose, route to be followed. (d) Number and frequency of proposed flights.

(e) Name and address of financial sponsor of flight.

(f) Name and address of registered owner of aircraft.

(g) Country in which aircraft is registered. Name of manufacturer of aircraft, type, model, serial number, registry number, and identification mark.

(h) Date of each CAA aircraft airworthiness certificate, basic maximum passenger capacity and basic maximum takeoff gross weight permitted by the appropriate aeronautical authority of the country of manufacture (kilos or pounds).

(i) Authorized supplier (applicable to oversea bases only). In order to avoid cash payments for the purchase of petroleum products from the Air Force, the applicant will designate a commercial petroleum company regularly conducting business in the United States or Territories as his "authorized supplier." An authorized supplier is a commercial petroleum company that has executed an agreement to guarantee payment for all petroleum products furnished the applicant. Three executed copies of this agreement will be submitted with the application. The office approving the application will retain one copy and transmit one copy to Headquarters USAF and one copy to Headquarters, Middletown Air Materiel Area, Olmsted Air Force Base, Middletown, Pennsylvania.

(j) Name of individual or company representative authorized to sign the attached agreement (AF Form 180) and permit (AF Form 181).

(k) List of civil airports in the area which the applicant might use and justification for use of the Air Force installation.

(1) Type and number of any operating authorization issued to the applicant by the Civil Aeronautics Board.

(m) A signed statement or verified copy from the company with which insurance is carried, attesting that the applicant is covered by aviation insurance in the amounts specified in this part and that the policy conforms to the requirements of this part.

(n) If an applicant desires, in conjunction with this section, to lease real

estate and/or real property facilities, a separate request will be made and the following information will be furnished:

(1) A description and layout map of the area desired by the applicant showing space required for the erection or use of buildings, installation of gasoline storage and servicing pits, parking aircraft, and any other maintenance and operating facilities.

(2) A plan or diagram of space in an exsting building desired for office space, ticket sales, and so forth.

(3) The application will be processed for approval, and use granted, in accordance with the provisions of current directives.

§ 822.7 Insurance. All aircraft owners or operators using Air Force installations, except those listed in § 822.11 (a) (1), (2), and (3), will be required to keep in force, at their own cost and expense, aircraft liability insurance as follows:

(a) Aircraft used for cargo carrying only, and aircraft being ferried, will be insured for:

(1) Public bodily injury liability with a minimum limit of $50,000 for one person in any one accident, and subject to that limit for each person, a minimum of $500,000 in any one accident;

(2) Public property damage liability with a minimum limit of $500,000 for each accident.

(b) Aircraft used for both cargo and passenger carrying or for passenger carrying only, in addition to the amounts required in paragraph (a) of this section, will be insured for passenger bodily injury liability with a minimum limit of $50,000 for each passenger and, subject to that limit for each passenger, a minimum limit for each accident in any one aircraft equal to the total amount produced by multiplying the $50,000 limit stipulated for each passenger by a full number not less than 75 percent of the total number of seats in the aircraft or 75 percent of the total number of passengers carried, whichever is greater.

(c) Privately owned noncommercial operated aircraft, will be insured as required by paragraphs (a) and (b) of this section, except that for aircraft of less than 12,500 pounds certified maximum gross takeoff weight, the minimum limit for:

(1) Public bodily injury liability will be $200,000.

(2) Public property damage liability will be at least $150,000 for each accident.

(3) Passenger bodily injury liability for each accident, in any one such aircraft, minimum amount equal to the total produced by multiplying the $50,000 limit for each person by the number of persons on board.

(d) All policies will provide specifically, by indorsement or otherwise:

(1) Waiver of any right of subrogation the insurance company may have against the United States by reason of any payment under the policy on account of damage or injury in connection with the insured's use of any Air Force installation or the insured's purchase of services or supplies from the Air Force.

(2) That the provisions thereof will be in full force and effect within the country or countries in which the Air Force bases, to be used by the insured, are located.

(3) That in the event of cancellation or material change in policy coverage, 30 days prior written notice will be given to the Assistant Chief of Staff, Installations, Headquarters USAF, Washington 25, D. C.

(e) Insurance policies will be carried with an insurance company or companies duly authorized by law to write the required insurance coverage.

(f) Proof of qualification as a selfinsurer may be submitted for approval instead of the policies described in this section.

[18 F. R. 5384, Sept. 5, 1953, as amended at 19 F. R. 3418, June 10, 1954]

§ 822.8 Conditions governing use. The use of Air Force installations by other than Air Force aircraft will be subject to the following conditions:

(a) Such use will not interfere with military requirement.

(b) No adequate civil airport is available. Exception to this provision may be made when the aircraft is operated under Government contract or charter, or in connection with official Government business.

(c) Operators will comply with the regulations promulgated by Headquarters USAF or the commander of the installation.

(d) Each civil operator will carry AF Form 181 and will present it to the appropriate Air Force official upon landing.

(e) Priority for use of air navigation facilities will be determined by the commander of the installation. If civil traffic causes interference with military operation at the installation, a report will be made through channels to the Assistant Chief of Staff, Installations, Headquarters USAF.

(f) The use of Air Force installations by operators of other than Air Force aircraft will be at the risk of the operators.

(g) Any violation of this part will be made the subject of a report through official channels to the Assistant Chief of Staff, Installations, Headquarters USAF. [19 F. R. 3419, June 10, 1954]

§ 822.9 Customs, immigration, and health clearance. Commanders of Air Force installations will cooperate with local customs, immigration, public health, and other public authorities in connection with the arrival and departure of aircraft. The aircraft commander will comply with laws and regulations administered by these public authorities. Clearances for takeoff will not be issued until the requirements of applicable laws and regulations issued by these authorities have been met. Procedures mutually acceptable to the installation commander and local officials will be made standard procedure at the installation concerned. Fees, charges for overtime services, and other costs, arising out of the administration of the laws relating to health, customs, and immigration are the obligation of the operator of the aircraft.

§ 822.10 Agreement and permit—(a) AF Form 180, "Hold Harmless Agreement." (1) Operators of civil aircraft will be required to execute AF Form 180, "Hold Harmless Agreement," in quadruplicate, prior to using an Air Force installation.

(2) If an operator lands without authorization, the commander of the installation will obtain an executed AF Form 180 from the operator. The original will be transmitted to the Assistant Chief of Staff, Installations, Headquarters USAF; two copies will be given to the operator and one copy retained by the commander.

(b) AF Form 181, "Aircraft Permit." (1) AF Form 181 is executed in quadruplicate and issued only after completion of AF Form 180.

(2) Each operator of a civil aircraft or a Government-owned commercial aircraft using an Air Force installation will insure that an executed AF Form 181 or a certified or photostatic copy thereof is carried at all times in the custody of the commander of the aircraft. This permit will be presented to the appropriate base official upon arrival of the aircraft.

(3) If an operator lands without authorization, the commander of the installation will obtain AF Form 181 signed by the operator. The commander is authorized to execute this form on behalf of the Air Force. In this case a statement will be incorporated in the form setting forth the circumstances requiring a landing without authorization. The original will be transmitted to the Assistant Chief of Staff, Installations, Headquarters, USAF.

(4) When the Air Force does not have exclusive control of the landing area, permission to land will be obtained from the appropriate civilian authority. In such cases AF Forms 180 and 181 are not required.

(c) Retention of forms. Current executed AF Forms 32, 33, 34, 180, and 181 remain in effect until the date of termination.

§ 822.11 Landing and parking fees. (a) Fees as hereinafter enumerated will be charged and collected by the commander of the installation for all aircraft except the following:

(1) Military aircraft of the United States or foreign governments.

(2) Aircraft (noncommercial) owned and operated by agencies of the Federal Government or foreign governments, except in those cases where foreign governments charge such fees for use by United States Government aircraft. (See § 822.4.)

(3) Aircraft (noncommercial) owned and operated by States, counties, or municipalities of the United States.

(4) Aircraft owned and operated by military and auxiliary personnel (Civil Air Patrol, Reserve Forces, Air National Guard, Air Force Reserve Officers' Training Corps) on active duty if such aircraft are not used for commercial purposes.

(5) Contract carriers and charter carriers as defined in § 822.3 (k) and (1).

(6) Private or executive aircraft operated in connection with official busi

ness related to Government activities in the immediate vicinity of the installation.

(7) Aircraft used for training operators in the use of ground controlled approach equipment.

(b) Landing fees and parking fees are based upon aircraft weights and frequency of operations. The weight to be used in calculating fees is the maximum gross takeoff weight authorized, by the appropriate government authority, for the aircraft at the installation involved. The maximum gross takeoff weights will be obtained from the gross weight takeoff tables approved by the CAA which are shown in the current aircraft op

erators' manual and on the air worthiness certificate issued by CAA. If this weight data is not available, an estimate of the maximum gross weight based upon the best information available may be used to determine the fees. Calculation of fees will be based on weights computed to the nearest one thousand pounds, considering five hundred pounds and above to increase the weight to the next higher one thousand pound bracket.

(c) Except as provided in paragraph (a) of this section, the following fees will be charged at active and inactive Air Force installations.

(1) Landing fees within continental United States.

Up to and including 25,000 pounds--- $2.50. Over 25,000 pounds--

Up to and including 25,000 pounds--- $1.663. Over 25,000 pounds..

Amount per landing

10,000 pounds or less.

10,001 pounds to 25,000Over 25,000 pounds..

$3.00. $5.00.

Amount per landing

Up to and including 25,000 pounds_-- $4.00. Over 25,000 pounds---

Amount per landing

Up to and including 25,000 pounds--- $3.00. Over 25,000 pounds---

Amount per landing