Sec.

PART 701-AVAILABILITY OF OFFICIAL RECORDS

1 NCPI 290.4-6b reads as follows:

b. Disclosure of medical information. Agencies have not been delegated authority to release medical information relating to employees subject to the Civil Service Act. Therefore, requests received by agencies from whatever source (other Federal agencies; State governmental organizations, including law offices; courts; corporations; or individuals) for copies of medical certificates or for information from medical certificates should be referred to the Civil Service Commission together with the medical certificates or other medical reports concerned. After review of the evidence the Commission will decide when and to what extent to comply with the requests.

Records of civilian employees other than medical records may be produced upon receipt of a court order without procuring specific authority from the Secretary of the Navy provided there is not involved any classified or otherwise confidential material such as loyalty and security records. Records relating to compensation benefits administered by the Bureau of Employees' Compensation may not be disclosed except upon the written approval of the Bureau (20 CFR 1.21). Further, in any case of doubt, the matter should be handled in accordance with the general rule under paragraph (a) of this section. Where information is furnished hereunder in response to a court order, it is advisable that certified copies rather than originals be furnished and that, where original records shall be produced, the assistance of the U.S. Attorney or U.S. Marshal be required so that custody be kept of the records.

§ 701.3 Production of official records in the absence of court order.

(a) Furnishing information from personnel and related records to personnel concerned. Whether or not litigation is involved, naval personnel, civilian employees of the Naval Establishment, their personal representatives, e.g., executors, guardians, etc., or other properly interested parties may be furnished copies of records or information therefrom relating to death, personal injury, loss, or property damage to or involving such personnel, without following the procedures prescribed in either paragraph (c) or (d) of § 701.2, provided the interests of the United States are not prejudiced thereby. All such requests (except requests for medical records, for such traffic accident reports as described in subparagraph (2) of this paragraph, and for records relating to matters under the cognizance of the General Counsel) shall be referred to the Judge Advocate General, Navy Department, Washington, D.C., 20350, or, in the 11th, 12th, 13th, 14th, and 17th Naval Districts, to the Director, Office of the Judge Advocate General, West Coast, San Bruno, Calif., 94067.

(1) Medical records. Requests for medical records shall be processed in accordance with the Department of Defense policy set forth in Part 66 of this title, as implemented by the Manual of the Medical Department. If, in processing such a request for medical records, it appears that the interests of the United States may be involved, then such requests shall be referred to the Judge Advocate General. Production of medical certificates or other medical reports concerning civilian employees is controlled by the provisions of the Executive Order and the Navy Civilian Personnel Instruction referred to in § 701.2(e).

(2) Provost marshal or base police reports of traffic accidents. Local commanders are authorized to release copies of traffic accident investigative reports where service personnel are not involved and where no government vehicle is involved, provided the interests of the United States will not be prejudiced thereby. Release may be made to any properly interested party or his authorized representative. If it appears that

PART 706-NAVIGATIONAL LIGHT WAIVERS

Sec. 706.1 706.2

Purpose of regulations.

Certifications of the Secretary of the Navy under 33 U.S.C. 143a and 360. AUTHORITY: The provisions of this Part 706 issued under sec. 1, 59 Stat. 590, sec. 2, 65 Stat. 407; 33 U.S.C. 143a, 360. Statutory provisions interpreted or applied are cited in the text.

SOURCE: The provisions of this Part 706 appear at 29 F.R. 2755, Feb. 27, 1964, unless otherwise noted.

CROSS-REFERENCE: For lights of Coast Guard vessels of special construction, see 33 CFR Part 135.

§ 706.1 Purpose of regulations.

(a) All ships are warned that, when U.S. naval vessels are met on the high seas or on navigable waters of the United States during periods when navigational lights may be displayed, certain navigational lights of some naval vessels may vary from the requirements of the Regulations for Preventing Collisions at Sea, 1948, 33 U.S. Code sections 144 to 147d, and rules applicable to the navigable waters of the United States, as to number, position, range of visibility or arc of visibility. These differences are necessitated by reasons of military function or special construction of the naval ships. An example is the aircraft carrier where the two white lights are in most instances on the island superstructure considerably displaced from the center or keel line of the vessel when viewed from ahead. Certain other naval vessels cannot comply with the horizontal separation requirements of the white lights, and the two white lights on even large naval vessels, such as some cruisers, will thus appear to be crowded together when viewed from a distance. Other naval vessels may also have unorthodox navigational light arrangements or characteristics when seen either underway or at anchor.

ing red lights to indicate speed to other naval ships, and green lights to indicate minesweeping operations. These lights may sometimes be shown in combination with navigational lights.

(c) During peacetime naval maneuvers, naval ships, alone or in company, may also dispense with showing any lights, though efforts will be made to display lights on the approach of shipping.

(d) 33 U.S. Code, sections 143a and 360, provide that the requirements of the Regulations for Preventing Collisions at Sea, 1948, the Inland Rules, the Great Lakes Rules, and the Western River Rules, as to the number, position, range of visibility, or arc of visibility of lights required to be displayed by vessels, shall not apply to any vessel or class of vessels of the Navy where the Secretary of the Navy shall find or certify that, by reason of special construction or purpose, it is not possible for such vessel or class of vessels to comply with the statutory provisions as to lights.

(e) This part consolidates and codifies certificates of the Secretary of the Navy under 33 U.S.C. 143a and 360. It has been determined that, because of their construction, it is not possible for the classes or types of naval vessels listed in this part to comply with all of the requirements of the statutes enumerated in sections 143a and 360, Title 33, United States Code.

§ 706.2

Certifications of the Secretary of the Navy under 33 U.S.C. 143a and 360.

The Secretary of the Navy hereby finds and certifies that the classes or types of vessels listed in this section are naval vessels of special construction and that, with respect to the position of the navigation lights listed in this section, it is not possible to comply with the requirements of the statutes enumerated in sections 143a and 360 of Title 33, United States Code. The Secretary of the Navy further finds and certifies that the navigation lights listed in this section conform as closely as feasible to the applicable statutory requirements.