tion with the Departments of the Army and Air Force.

(g) [Reserved]

(h) Ship and/or terminal demurrage (dry cargo). Agreement on procedures for determining ship and/or terminal demurrage (dry cargo) under the MSTS Billing Regulations has been reached between the Military Sea Transportation Service and the Departments of the Army, Navy and Air Force.

(i) Tanker/terminal demurrage. Agreement on tanker/terminal demurrage procedure has been reached between the Military Sea Transportation Service and the Departments of the Army, Navy and Air Force.

(j) Coastwise and intercoastal lift capacity. Procedures have been developed by the Military Sea Transportation Service to keep the Executive Director of the Military Traffic Management Agency (see 21 F. R. 4355) informed as to the availability of opportune MSTSoperated coastwise and intercoastal lift capacity.

(k) Technical and material matters concerning ships assigned to MSTS. The responsibilities of the Commander Military Sea Transportation Service and the Chief, Bureau of Ships, Department of the Navy, for technical and material matters concerning ships assigned or to be assigned to the Military Sea Transportation Service have been promulgated by the Chief of Naval Operations.

(1) Inspection and certification of ships by U. S. Coast Guard. An agreement with the U. S. Coast Guard for the periodic inspection and certification of MSTS vessels of commercial types in accordance with the Coast Guard's Merchant Marine Safety Manual, has been promulgated by COMSTS (Commander Military Sea Transportation Service).

(m) In accordance with the policies of the Department of Defense for implementation of Single Manager Assignments, the Secretary of the Navy provides for direct coordination with the other Military Services and the Office of the Secretary of Defense on matters connected with the operation of the Ocean Transportation Service.

[25 F.R. 14446, Dec. 31, 1960, as amended at 31 F.R. 14831, Nov. 23, 1966]

for Operation issued by the Assistant Secretary of Defense (Comptroller)).

(b) The Military Sea Transportation Service follows a double-entry commercial type accounting system, maintained on an accrual basis and observes fiscal procedures in accordance with the directives of the Assistant Secretary of Defense (Comptroller) and the Comptroller of the Navy.

(c) Bills are submitted monthly by the Military Sea Transportation Service to each agency to whom services are rendered. Charges are computed on the basis of predetermined tariff rates and other factors calculated to recover the over-all cost of operations.

(d) To keep the customer services apprised of the results of its operations, the Military Sea Transportation Service prepares and distributes quarterly statistical and financial reports.

PART 201-DEPARTMENT OF DEFENSE SHIPMENTS BY FOREIGNFLAG VESSELS IN THE CUBAN TRADE

that no vessels under their control will henceforth be employed in the Cuban trade so long as it remains the policy of the United States Government to discourage such trade.

§ 201.4 Responsibilities.

(a) Shipments Made by the Department of Defense. It will be the responsibility of the Commander, Military Sea Transportation Service to insure that the policy of § 201.3 is followed for all shipments made by the Military Departments and the Defense Agencies.

(b) Foreign Aid Shipments. If a recipient country is to arrange for ocean shipment of military assistance materials from the United States, it will be the responsibility of the Military Department or the Defense Agency having cognizance of the shipment to insure that the recipient government receives approval from the Commander, Military Sea Transportation Service for the use of any foreign-flag vessel in accordance with § 201.3.

(c) Contractor Shipments. The Military Department or Defense Agency entering into a contract which may require the contractor to make ocean shipment of material from the United States will insert in such contract a clause requiring the contractor to refrain from using a foreign-flag vessel which is listed in the FEDERAL REGISTER by the Maritime Administration as having called at a Cuban port on or after January 1, 1963, unless an exception has been made by the Secretary Commerce.

PART 210-REIMBURSABLE AND NONREIMBURSABLE TRAVEL

Sec.

of

210.1 Travel without reimbursement. 210.2 Travel with reimbursement. 210.3 Authority for certain nongovernmental travel. 210.4 General policy on nongovernmental travel.

AUTHORITY: The provisions of this Part 210 issued under sec. 202, 61 Stat. 500, as amended; 5 U.S.C. 171a.

SOURCE: The provisions of this Part 210 appear at 25 F.R. 14448, Dec. 31, 1960, unless otherwise noted.

§ 210.1 Travel without reimbursement.

(a) Sponsored travel. Sponsored travel is defined as and confined to military air transportation furnished by a military department to its own officials

or to Members of Congress and other Government officials or other persons to whom an invitation to travel has been extended by the Office of the Secretary of Defense or by one of the military departments. The military departments (Army, Navy and Air Force) are granted the authority to extend such invitations unilaterally to congressional committees and staff members, individual Members of Congress, and other Government officials, when the purpose of the travel is of primary concern to the military department extending the invitation.

(1) Officials of the Department of Defense, Military Departments, etc. Travel without reimbursement by officials and by military and civilian personnel of the Department of Defense, the three military departments and the boards and other agencies of the Department of Defense shall be governed by such regulations as the Secretary of Defense may from time to time prescribe.

(b) Nonsponsored travel. Nonsponsored travel is defined as and confined to military air transportation furnished pursuant to an official request upon the Secretary of Defense or to a military department from a department, agency or official of the Government outside of the Department of Defense.

(1) Officials of other Executive Departments or agencies or Judicial Branch. Requests for travel without reimbursement by Government officials of the other Executive Departments or agencies or Judicial Branch, whose travel is of primary interest to the Department of Defense, will be screened and approved in writing by the head of the agency to which the official is attached and the approved request then forwarded to the Secretary of Defense for disposition.

(2) Officials of the Legislative Branch. (i) Requests for travel without reimbursement by members of Congress and committee staff members, whose travel is of primary interest to the Department of Defense, should be submitted in writing to the Secretary of Defense by the Chairman of the Congressional committee upon which the member of Congress is serving. The committee chairman should state in his request whether or not he believes the travel to be of primary interest to the Department of Defense.

(ii) Members of Congress who hold valid reserve status in the Army, Navy, Air Force or Marine Corps may continue

to utilize air transportation in accordance with existing policies of the respective military departments (Army, Navy and Air Force) applicable to the reserve officer and enlisted personnel of those departments.

(3) Nonoficial passengers (sponsored and/or nonreimbursable trips). Exceptions to the general policy of prohibiting accompanying travel of dependents on Department of Defense sponsored nonreimbursable trips are as follows:

(i) To permit travel of dependents of attaché mission or military commission personnel as may be designated by the respective Secretaries of the Military Departments, the Chairman of the Joint Chiefs of Staff, the Chiefs of Staff of the Army and Air Force, the Chief of Naval Operations and the Commandant of the Marine Corps in overseas areas on attaché or mission aircraft.

(ii) To permit travel of dependents of other military or civilian personnel of the Department of Defense when authorized by the Secretary of Defense, or by the respective Secretaries of the Military Departments, the Chiefs of Staff of the Army and Air Force, the Chief of Naval Operations or the Commandant of the Marine Corps, as being in the national interest, essential to the proper accomplishment of the mission, desirable because of diplomatic or public relations, or as necessary for the health or morale of the principals concerned.

(iii) To permit the accompanying travel without reimbursement of dependents of officials of the other Executive Departments or agencies, of the Judicial Branch, or of the Legislative Branch, when accompanying their principals on a sponsored trip, and when authorized in each instance by the Secretary of Defense as being in the national interest, essential to the proper accomplishment of the mission, desirable because of diplomatic or public relations, or as necessary for the health and morale of the individuals concerned.

Requests for the accompanying travel without reimbursement on military aircraft by dependents of officials of the other Executive Departments or agencies, of the Judicial Branch, or of the Legislative Branch should be referred to the Secretary of Defense.

(4) Nonofficial passengers (nonsponsored and/or reimbursable trips). The rule generally prohibiting passage of dependents on Department of Defense

sponsored nonreimbursable trips is also applicable to nonsponsored and/or reimbursable trips. However, exceptions to the rule may be authorized under certain circumstances. Current exceptions to the rule would be: To permit accompanying travel on nonsponsored and/or reimbursable trips of dependents of officials of other Executive Departments or agencies, of the Judicial Branch, or of the Legislative Branch when accompanying their principals and when authorized in each instance by the Secretary of Defense as being essential to the proper accomplishment of the mission, desirable because of diplomatic or public relations, or as necessary for the health or morale of the individuals concerned.

(5) Use of attaché aircraft by Members of the Congress. (i) In those instances where Congressional committees or members thereof find it necessary while abroad to request travel in Air Force or Navy aircraft allocated to the attachés or military missions, such trips may be authorized if commercial facilities are not available, if such use of the attaché or mission aircraft will not interfere in any way with its normally assigned mission, if the purpose of the trip is specifically indicated by the chairman of the committee or subcommittee or member as essential to the mission of the committee, subcommittee or member.

(ii) A report of each trip so flown will be made to the appropriate military department by the attaché concerned, which report will indicate the names and numbers of passengers carried, the duration, destinations and purpose of the trip.

§ 210.2

Travel with reimbursement.

In cases not covered by the preceding section, the Department of the Navy and the Department of the Air Force may provide air transportation with reimbursement therefor, and subject to other restrictions thereon, in accordance with the provisions of applicable law, when the traffic is of official concern to the Executive Departments or agencies, or to the Legislative or Judicial Branches of the Government. Requests for transportation in this category should be directed to the Secretary of the Air Force with procurement authority chargeable or a clear indication of the method by which reimbursement is to be accomplished.

§ 210.3 Authority for certain nongovernmental travel.

In order to facilitate Department of Defense operations at home and abroad, nongovernmental passengers and cargo not within the scope of the foregoing provisions may be furnished air transportation by the Department of the Navy or the Department of the Air Force to or from places outside of the Continental United States, with reimbursement therefor, at not less than current commercial rates (including taxes) upon certification by the head of the interested Executive Department or agency that the furnishing of such transportation is in the national interest. In cases covered in this paragraph it will be within the purview of the Secretary of

the Navy or the Secretary of the Air Force to refuse to authorize the transportation if deemed advisable.

§ 210.4 General policy on nongovernmental travel.

As a general policy, the aviation organizations of the Armed Forces shall not be placed in a position of competing with United States commercial transportation. Therefore, in no case will air transportation under the provisions of the two paragraphs immediately above be provided on any given route if, in the opinion of the Departments of the Army, Navy or Air Force, United States civil air carriers adequate to handle the traffic are in operation on the route.

PART 220-MILITARY SUPPORT OF CIVIL DEFENSE

Sec.

220.1 Purpose.

220.2 Applicability.

220.3

220.4

220.5 220.6

Considerations.

General policies.

Responsibilities.

Financing.

220.7 Appendix A-Concept of military sup

(a) The national civil defense program is an integral part of the national security posture and is an essential element of our deterrent posture. Effective civil defense programs contribute to the total military capability of U.S. forces. Effective survival/civil defense programs at military installations will provide visible evidence to the public that these programs are essential to national security. It is essential, therefore, that military and civil planning for civil defense be closely coordinated to insure mutually supporting actions to achieve common objectives.

(b) In the event of a nuclear attack on the United States the degree of military involvement in support of the civil defense mission during the attack and in the immediate postattack phase will depend upon the extent of damage suffered and the active military operations in progress or required. The preattack and postattack military roles in support of civil defense are based on the spectrum of contingencies which could result from an enemy attack on this nation, including a nuclear attack, with minimum warning and under conditions favorable to the attacker.

(c) Military forces will have a priority commitment, initially, to the mounting of offensive and defensive actions and to assist civil authorities in the assessing and reporting of damage and danger areas in the continental limits of the United States. It is possible that damage will be so extensive as to require evaluation as to the priorities to be assigned to the needs of civil support as opposed to military requirements for certain planned combat and combat support operations.

§ 220.4 General policies.

(a) The DOD recognizes the essential interdependence of the civil and military defense efforts of our nation in achieving the total posture of national security. Military support to civil authorities in civil defense operations is an emergency task within the mission of all federal active duty and reserve units of the military services and Defense Agencies.

(b) The Military Services and Defense Agencies will provide feasible support to local or state authorities during a warcreated emergency consistent with the policies established below:

(1) Planning for military support of civil defense will be directed toward the most disastrous contingency described in § 220.3(b), to include planning for attacks under both minimum warning and, when directed, for emergency preparations in crisis situations.

(2) Measures to insure continuity of operations, troop survival and rehabilitation of essential military bases will take precedence over military support of civil defense.

(3) Military assistance will complement and not be a substitute for civil participation in civil defense operations. Military plans and plans developed by civil authority must recognize that civil resources will be the first resources used to support civil requirements with military resources being used only when essential to supplement the civil resources.

(4) All military forces (active and re:serve), other than those deployed outside the 50 States and those in the District of Columbia and the territories and possessions of the United States, will be considered potentially available to provide temporary emergency support to civil authorities during certain stages of civil defense operations. The availability of forces to provide this support will vary according to the military requirement for the conduct of essential combat, com

bat support or self survival operations. Within the 48 contiguous States, each military department will provide the CONUS Army Commanders with periodic listings of all its military forces and components located within each CONUS Army area through appropriate headquarters designated by the parent service. The appropriate Commander of the Unified Command will provide for a similar listing of forces for Alaska, Hawaii, and Puerto Rico. This listing of forces will be in an order of priority of probable availability for support of civil defense operations as determined on the basis of the military missions of the forces reported, their location and their capabilities for performance of civil defense assistance tasks. Forces will be listed by priority as follows:

Priority I-Those forces that have a high probability of availability for civil defense support in the immediate emergency period. Priority II-Those forces that have a lower probability of availability to support civil defense in a postattack period.

Priority III-Those forces least likely to be available for civil defense support operations because of the high priority of their combat and combat support missions.

(5) Priorities of availability of forces will be reflected in appropriate plans for military support of civil defense. All forces listed in area civil defense assistance plans will be prepared and ready to execute the tasks contemplated in such plans. The degree of readiness to be maintained among such forces will be commensurate with the priority of their probable availability. Those military forces temporarily furnished to assist civil authorities in a civil defense emergency will be withdrawn by the military commanders of the parent service, in coordination with the appropriate CONUS Army Commanders whenever practicable, or by the responsible Commander of the Unified Command in the event it is necessary to employ such forces in military operations, or when they are no longer required for civil defense missions.

(6) A military commander, in making his resources available to civil authorities, is subject to no authority other than that of his superior in the military chain of command.

(c) Military role (1) Mission. In the event of a national emergency involving a nuclear attack on the United States, the Joint Chiefs of Staff, the Military Services, and Defense Agencies will be prepared to employ available resources