AUTHORITY NOTE: The citation of authority for Part 804 is changed to read:

AUTHORITY: §§ 804.1 to 804.410 issued under sec. 8012, 70A Stat. 488; 10 U. S. C. 8012. RELEASE OF MATTERS OF OFFICIAL RECORD [ADDED]

SOURCE: §§ 804.1 to 804.5 appear at 20 F. R. 3910, June 4, 1955.

§ 804.1 Purpose and scope. Sections 804.1 to 804.5 set forth the places at which and procedures whereby members of the public who are properly and directly concerned may apply for access to matters of official record under the control of the Air Force Establishment. Sections 804.1 to 804.5 also state policies governing the approval of such applications. The term "members of the public" includes agencies of State and local governments, private organizations, and individuals (including military and civilian personnel of the United States Government whose official duties do not entitle them to the matters of official record concerned). Sections 804.1 to 804.5 do not apply to the release of records of information to other branches, departments, and agencies of the United States Government.

§ 804.2 Policy. It is the policy of the Air Force Establishment to make matters of official record available to persons properly and directly concerned, except those held confidential for good cause shown.

(a) The great mass of material that relates to the internal operation of the Air Force Establishment is not a matter of official record for the purposes of these sections, and accordingly will not be released. However, there are at various locations within the Establishment many types of official records that may be released. These include certain records filed pursuant to statute or regulation and certain records embodying official action taken by the Air Force Establishment. Such matters of official record may be made available to persons properly and directly concerned subject to the limitations set forth in §§ 804.1 to 804.5. It is impracticable to list all the types and locations of records that may be made available.

(b) Matters of official record will not be made available if release of the infor

mation is inconsistent with the public interest. Information will not be released:

(1) If it is official information classified in the interests of the defense of the United States or if it is restricted data as defined by the Atomic Energy Act of 1946 as amended.

(2) If release would unduly interfere with the efficient and effective performance of functions of the Air Force Establishment or some other department, or agency of the Government, including but not limited to such functions as law enforcement, maintenance of discipline, conduct of investigations, and conduct of relations with foreign governments. (3) If release would violate a legal or moral obligation to hold the information or its source in confidence.

(4) If the information contains unsubstantiated allegations derogatory to the character or conduct of an individual, the release of which might result in injury to an innocent person.

(c) Applications for the original copy of an official record will not be approved.

§ 804.3 Procedures for submitting applications. (a) Except as prescribed in paragraphs (b) and (c) of this section, persons desiring matters of official record under the control of the Air Force Establishment may apply in writing to the Secretary of the Air Force, Washington 25, D. C. The application should:

(1) Identify as exactly as possible the records involved.

(2) Indicate whether access to, copies of, or information from the records is desired.

(3) State the nature of the applicant's concern in them in sufficient detail to demonstrate that the applicant is a person properly and directly concerned.

If the applicant is an agent, attorney, or physician acting for another, evidence of this authority to act for his principal, client, or patient should be submitted with the application.

(b) Persons desiring to have matters of official record made available for purposes of pending or prospective litigation may apply in writing to The Judge Advocate General, Headquarters, USAF, Washington 25, D. C. In addition to the information described in paragraph (a) of this section, the request will include the names of the interested parties to the prospective litigation and, if the ac

tion has been filed, the exact title of the action, docket number, and full name and location of the court in which the action has been filed, together with a brief statement of the nature of the action or proceeding. If a subpoena or other similar process of the court is involved, it will be forwarded with the request.

(c) Persons desiring matters of offcial record concerning Air Force military personnel or former Air Force military personnel should include in their written request, in addition to the information described in paragraph (a) of this section, the first name, middle name or initial, surname, date of birth, and service number of the individual concerned.

(1) Applications concerning military personnel on active duty or retired military personnel may be addressed to the Air Adjutant General, Headquarters USAF, Attn: Military Personnel Records Division, Washington 25, D. C.

(2) Applications concerning military personnel who are members of the Air Force Reserve and who are not on active duty may be addressed to the Air Reserve Records Center, 3800 York Street, Denver 5, Colorado.

(3) Applications concerning former Air Force military personnel who are not currently members of the Air Force may be addressed to the Military Personnel Records Center, 4700 Goodfellow Boulevard, St. Louis 20, Missouri.

The

§ 804.4 Action on applications. Secretary of the Air Force or person designated by him (including those designated in other Air Force directives) will approve or disapprove each application in accordance with the policies prescribed in § 804.2, and he will notify the applicant of the decision. If the application is approved, he will advise the applicant, whenever appropriate, of the time and place that he may have access to the records.

§ 804.5 Fees. As prescribed in §§ 858.1 to 858.4 of this chapter, a charge, payable in advance, will be made for copying, certifying, and searching records in accordance with the schedule of fees.

AIR FORCE PARTICIPATION IN PUBLIC EVENTS [ADDED]

SOURCE: §§ 804.101 to 804.107 appear at 22 F. R. 659, Feb. 1, 1957.

§ 804.101 Purpose. Sections 804.101 to 804.107 govern Air Force participation in public exhibitions, demonstrations, ceremonies, and other similar events.

§ 804.102 Policy. (a) Participation in public events is considered essential, to satisfy public interest, keep the public informed on Air Force preparedness, stimulate patriotic spirit, aid community relations, and otherwise further public understanding of the Air Force.

(b) In general, the cost of Air Force participation in public events will not be borne by the USAF, except the pay of military personnel and small incidental expenses for activities of a local nature in areas adjacent to a base or other unit. Transportation and operating costs of equipment used, costs of transportation of personnel, housing and standard per diem allowances, and all other costs, when the activity is beyond the post, camp, base or station area, will be borne by the civil organization sponsoring the activity unless an exception is made by the Secretary of Defense.

(c) No provision of §§ 804.101 to 804.107 authorizes the release, compromise, or downgrading of classified equipment or performance data. Upon the occasion of an "Open House", commanders will insure the safeguarding of classified equipment and/or areas containing such equipment.

(d) Participation must not directly or indirectly benefit or appear to benefit any private individual, commercial venture, sect, or political or fraternal group.

(e) From such participation no monetary gain shall accrue to any individual or organization, except that which is to be used in the interest of the general public or a bona fide philanthropy.

(f) Except as otherwise indicated in §§ 804.101 to 804.107, the Secretary of Defense retains the authority to approve:

(1) All public participation in the Washington, D. C. area.

(2) All events of national or international significance.

(3) All events of more than local significance involving two or more of the Services.

(4) Parachute jumps and equipment drops, except as regularly scheduled training programs on Armed Forces installations.

§ 804.103 Use of personnel. Authority for utilization of personnel is delegated to all major commands and may be further delegated. Air Force personnel may participate in parades, demonstrations, public rallies and exhibitions, and the like:

(a) When such participation is an appropriate part of official occasions attended by senior officers of the government in the performance of official duties.

(b) When these events are sponsored by bona fide veterans' organizations.

(c) In support of fund drives for officially recognized Armed Forces relief agencies or charitable organizations.

(d) In support of athletic contests involving one or more Armed Forces teams. (e) In connection with recruiting activities.

(f) The use of USAF Bands is governed by §§ 808.1 to 808.4 of this subchapter.

§ 804.104 Equipment. Authority for the presentation of USAF equipment, displays, and exhibits, other than operable aircraft at public occasions, is delegated to major air commands.

(a) In events of local nature, involving community relations, recruiting, and public information, public liability and property damage insurance is not required.

(b) For any other occasion, the sponsor will be required to provide an adequate public liability and property damage insurance applicable to such Air Force equipment as may be on display.

§ 804.105 Use of aircraft. Aircraft participation is considered to be the inflight demonstration or static display of one or more aircraft in connection with a public event. Insofar as practicable, flying time devoted to aerial demonstrations will be utilized for flying proficiency or training purposes. Types of participation and their requirements are defined as follows:

(a) Class I (flyover). Aircraft depart a USAF installation and return without landing at the site of the event.

(1) Approving authority for Class I participation on Armed Forces Day, Memorial Day, Independence Day, and Veterans Day only is delegated to major commanders and may be further delegated, if desired.

(2) Requirements: No aerobatics or competitive speed runs will be flown. No public liability and property damage insurance is required. Sponsor is not required to defray fuel or per diem expenses.

(3) Authorized occasions for this class are:

(i) Civic sponsored local celebrations of national holidays, specifically Armed Forces Day, Memorial Day, Independence Day, and Veterans Day.

(ii) Memorial services for deceased nationally recognized military or government figures.

(iii) Celebrations or receptions of prominent representatives of foreign governments.

(iv) National conventions of bona fide veterans' organizations.

(v) Occasions which are primarily designed to encourage the advancement of aviation and are of more than local interest and importance.

(b) Class II (major air show). Aircraft depart home bases as necessary to arrive before the event, participate as practicable, refuel as necessary, and are based at other than home station for duration of the event.

(1) Approving authority is retained by the Department of Defense. The civilian requestor for such participation may be advised to direct his request to the Department of Defense, Office of Public Information and Special Activities.

(2) Requirements: Transportation and operating costs of equipment used, costs of transportation of personnel, housing, and standard per diem allowances, and all other costs will be borne by the sponsor of the occasion unless an exception is made by the Secretary of Defense.

(3) Authorized occasions for this class are those which are primarily designed to encourage or promote the advancement of aviation and are of national or international significance.

(c) Class III (open house). Aircraft are demonstrated as practicable for public audiences on a government-owned or leased installation. Demonstration consists of aircraft under the command and jurisdiction of the headquarters approving the open house. (The phrase "government-owned or leased installations" is considered to include Air Force

units operating from a municipal or county airport.)

(1) Approving authority is delegated to major commands and may be further delegated if desired.

(2) Requirements: Open house may be utilized at the discretion of approving authority to the best interests of the USAF.

(3) Authorized or suitable occasions are those that the approving authority determines to be in the interest of the Air Force.

(4) Headquarters USAF will monitor open house activities only on occasions of national or international significance.

(d) Class IV (minor show). Aircraft depart home station, arrive at destination before the event, remain on static display, and depart after the event to return to home station.

(1) Approving authority is delegated to major commands for participation on Armed Forces Day, Memorial Day, Independence Day, and Veterans Day only.

(2) Requirements: Sponsor must defray the expenses of suitable hotel accommodations, meals, and transportation of all personnel involved. Sponsor must provide public liability and property damage insurance as prescribed in § 804.106, to safeguard the U. S. Government from any claims arising as a result of the participation.

(3) Suitable occasions for Class IV participation are those primarily designed to encourage or promote the advancement of aviation, such as airport dedications, or to support recruiting or major programs of other Federal agencies, including civic sponsored local celebrations of Armed Forces Day, Memorial Day, Independence Day, and Veterans Day.

§ 804.106 Specifications for insurance-(a) Participation not requiring insurance. (1) Demonstration flights conducted at installations owned or leased by the United States Government. (2) Flight of aircraft to and from place of exhibition.

(3) Class I demonstrations (flyover). (4) Class III demonstrations (open house).

(b) Participation requiring insurance. (1) Class II (major shows).

(2) Class IV (minor shows).

(c) Kind of insurance required—(1) Type. A public liability insurance policy and, when circumstances require, property damage insurance will be considered adequate coverage.

(2) Amount. Public liability insurance to the extent of $50,000/$500,000 for personal injury or death, $250,000 for property damage is considered adequate Coverage for normal participation. Where grandstands or other mass gathering places are to be utilized for spectators at an air show, the amounts should be increased to $100,000/$2,500,000 for personal injury or death. Should any air show be performed near an area of exceptionally high real estate values, property damage insurance should be increased proportionately.

(d) Extent of coverage. The insurance policy must state clearly the intent to cover accidents caused by or resulting from the maintenance, use, or operation of aircraft or equipment material, owned by the United States Government and officers or employees of the United States Government acting within the scope of their employment. The policy should name the United States Government as co-insured with the sponsor and contain essentially the same elements as the following indorsement:

any aircraft, equipment, or materiel of any description owned by the United States Government, or caused by, arising out of, or resulting from any action or nonaction of the United States Government, its officers and employees acting within the scope of their office or employment.

(2) The coverage provided by this policy shall extend continuously from the first moment of arrival of the first aircraft, or piece of equipment or materiel of any description owned by the United States Government, at any place or places reasonably or necessarily incident to participation in

until the last moment of departure from said place or places of the last of said aircraft, equipment or materiel, and shall extend continuously during the presence at said place or places of the United States Government, its officers or employees, acting within the scope of their employment.