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any person in the naval service to civil 8 700.735 (Reserved)
(a) The commanding officer shall (b) Commanding officers are author take action to protect and maintain ized to permit the service of subpoena the security of the command from the on other process as provided by the dangers of attack, sabotage or other Manual of the Judge Advocate Gener actions of subversive militant al.
groups or of any person with intent to
do harm. 88 700.730—700.732 (Reserved)
(b) The commanding officer shall
take action to protect and maintain 8 700.733 Responsibility of a master of an
the security of the command against in-service ship of the Military Sealift dangers from fire, windstorms, Command.
other acts of nature. In an in-service ship of the Military
8 700.737 Effectiveness for service. Sealift Command, the master is responsible for the safety of his ship and The commanding officer shall: all persons on board. He is responsible (a) Exert every effort to maintain for the safe navigation and technical his command in a state of maximum operation of his ship and has para
effectiveness for war or other service mount authority over all persons on consistent with the degree of readiness board. The master is responsible for
as may be prescribed by proper authe preparation of the abandoned ship
thority. Effectiveness for service is dibill and has exclusive authority to
rectly related to state of personnel and order the ship abandoned. He has full
material readiness. authority to enforce appropriate laws
(b) Make himself aware of the progof the United States and all applicable
ress of any repairs, the stati of orders and regulations of the Navy,
spares, repair parts and other compoMilitary Sealift Command, and the
nents, personnel readiness and other Office of Personnel Management.
factors or conditions that could lessen
the effectiveness of his command. (39 FR 7135, Feb. 25, 1974, as amended at 47 When the effectiveness is lessened apFR 28370, June 30, 1982)
preciably it shall be reported to appro
priate superiors. 8 700.734 Relations with merchant seamen.
88 700.738—700.739 (Reserved) When in foreign waters, the com
8 700.740 Search by foreign authorities. manding officer, with the approval of the senior officer present, may receive
(a) The commanding officer shall on board as supernumeraries for ra
not permit a ship under his command tions and passage:
to be searched on any pretense what(a) Distressed seamen of the United
soever by any person representing a States for passage to the United
foreign state, nor permit any of the States, provided they bind themselves
personnel within the confines of his
command to be removed from the to be amenable in all respects to Navy
command by such person, so long as Regulations.
he has the capacity to repel such act. (b) As prisoners, seamen from mer
If force should be exerted to compel chant vessels of the United States,
submission, he is to resist that force to provided that the witnesses necessary the utmost of his power. to substantiate the charges against (b) Except as may be provided by inthem are received, or adequate means ternational agreement, the commandadopted to ensure the presence of ing officer of a shore activity shall not such witnesses on arrival of the pris- permit his command to be searched by oners at the place where they are to any person representing a foreign be delivered to the civil authorities. state, nor permit any of the personnel
within the confines of his command to
be removed from the command by such person, so long as he has the power to resist.
88 700.741—700.746 (Reserved)
8 700.747 Status of boats.
(a) Boats shall be regarded in all matters concerning the rights, privi. leges, and comity of nations as part of the ship or aircraft to which they belong.
(b) In ports where war, insurrection or armed conflict exists or threatens, the commanding officer shall:
(1) Require that boats away from the ship or aircraft have some appropriate and competent person in charge.
(2) See that steps are taken to make their nationality evident at all times.
8 700.748 (Reserved]
8 700.749 Work, facilities, supplies, or
services for other Government departments, State or local governments, foreign governments, private parties and morale, welfare, and recreational activ
ities. (a) Work may be done for or facilities, supplies, or services furnished to departments and agencies of the Federal and State governments, local governments, foreign governments, private parties, and morale, welfare, and recreational activities with the approval of a commanding officer provided:
(1) The cost does not exceed limitations the Secretary of the Navy may approve or specify; and,
(2) In the case of private parties, it is in the interest of the government to do so and there is no issue of competition with private industry; and,
(3) In the case of foreign governments a disqualification of a government has not been issued for the benefits of this article.
(b) Work shall not be started nor facilities, supplies, or services furnished, morale, welfare, and recreational activities not classified as instrumentalities of the United States, or state or local governments or private parties until funds to cover the estimated cost have been deposited with the commanding officer or unless otherwise provided by law.
(c) Work shall not be started nor facilities, supplies, or services furnished other Federal Government departments and agencies, or expenses charged to non-appropriated funds of morale, welfare, and recreational activities classified as instrumentalities of the United States until reimburs. able funding arrangements have been made.
(d) Work, facilities, supplies, or services furnished non-appropriated fund activities classified as instrumental. ities of the United States in the Navy Comptroller Manual shall be funded in accordance with regulations of the Comptroller of the Navy.
(e) Supplies or services may be furnished to naval vessels and military aircraft of friendly foreign governments (unless otherwise provided by law or international treaty or agreement);
(1) On a reimbursable basis without an advancement of funds, when in the best interest of the United States;
(i) Routine port services (including pilotage, tugs, garbage removal, linehandling, and utilities) in territorial waters or waters under United States control,
(ii) Routine airport services (includ. ing air traffic control, parking, servicing, use of runways),
(iii) Miscellaneous supplies (including fuel, provisions, spare parts, and general stores) but not ammunition. Supplies are subject to approval of the cognizant fleet or force commanders when provided overseas,
(iv) With approval of Chief of Naval Operations in each instance, overhauls, repairs, and alterations togeth. er with necessary equipment and its installation required in connection therewith, to vessels and military aircraft.
(2) Routine port and airport services may be furnished at no cost to the foreign government concerned where such services are provided by persons of the naval service without direct cost to the Department of the Navy.
(f) In cases of emergency involving possible loss of life or valuable property, work may be started or facilities furnished prior to authorization, or provision for payment, but in all such cases a detailed report of the facts and
circumstances shall be made promptly to the Secretary of the Navy or the appropriate authority.
(g) Charges and accounting for any work, supplies, or services shall be as prescribed in the Navy Comptroller Manual. 88 700.750–700.751 (Reserved)
8 700.752 Responsibility for safety of ships
and craft at a naval station or ship
yard. (a) The commanding officer of a naval station or shipyard shall be responsible for the care and safety of all ships and craft at such station or shipyard not under a commanding officer or assigned to another authority, and for any damage that may be done by or to them. In addition, the commanding officer of a naval station or shipyard shall be responsible for the safe execution of work performed by that activity upon any ship located at the activity.
(b) It shall be the responsibility of the commanding officer of a ship in commission which is undergoing overhaul, or which is otherwise immobilized at a naval station or shipyard, to request such services as are necessary to ensure the safety of the ship. The commanding officer of the naval station or shipyard shall be responsible for providing requested services in a timely and adequate manner.
(c) When a ship or craft not under her own power is being moved by direction of the commanding officer of a naval station or shipyard, that officer shall be responsible for any damage that may result therefrom; the pilot or other person designated for the purpose shall be in direct charge of such movement, and all persons on board shall cooperate with and assist the pilot as necessary. Responsibility for such actions in a private shipyard will be assigned by contract to the contractor.
(d) When a ship operating under her own power is being drydocked, the commanding officer shall be fully responsible for the safety of his ship until the extremity of the ship first to enter the drydock reaches the dock sill and the ship is pointed fair for entering the drydock. The docking officer
shall then take charge and complete the docking, remaining in charge until the ship has been properly landed, bilge blocks hauled, and the dock pumped down. In undocking, the docking officer shall assume charge when flooding the dock preparatory to undocking is started, and shall remain in charge until the extremity of the ship last to leave the dock clears the sill, and the ship is pointed fair for leaving the drydock, when the ship's commanding officer shall assume responsibility for the safety and control of the ship.
(e) When a naval ship is to be dry. docked in a private shipyard under a contract being administered by a supervisor of shipbuilding, the responsibilities of the commanding officer are the same as in the case of drydocking in a naval shipyard. The responsibilities for the safety of the actual drydocking, normally assigned to the commanding officer of a naval shipyard through his docking officer, will be assigned by contract to the contractor. The supervisor of shipbuilding is responsible, however, for ensuring that the contractor's facilities, methods, operations, and qualifications meet the standards of efficiency and safety prescribed by Navy directives.
(f) If the ship is elsewhere than at a naval station or shipyard, the relationship between the Commanding officer and the supervisor of shipbuilding, or other appropriate official, shall be the same as that between the commanding officer and the commanding officer of a naval station or shipyard as specified in this article. [39 FR 7135, Feb. 25, 1974, as amended at 45 FR 80279, Dec. 4, 1980)
8 700.753 Ships and craft in drydock.
(a) The commanding officer of a ship in drydock shall be responsible for effecting adequate closure, during such periods as they will be unattended, of all openings in the ship's bottom upon which no work is being undertak. en by the docking activity. The commanding officer of the docking activity shall be responsible for the closing, at the end of working hours, of all valves and other openings in the ship's bottom upon which work is being un
of the Panama Canal and Adjacent Waters," which directs that the pilot assigned to a vessel in those waters shall have control of the navigation and movement of the vessel. Also see the provisions of these regulations concerning the navigation of ships at a naval shipyard or station, or in entering or leaving drydock.
dertaken by the docking activity, when such closing is practicable.
(b) Prior to undocking, the commanding officer of a ship shall report to the docking officer any material changes in the amount and location of weights on board which have been made by the ship's force while in dock, and shall ensure, and so report, that all sea valves and other openings in the ship's bottom are properly closed. The level of water in the dock shall not be permitted to rise above the keel blocks prior to receipt of this report. The above valves and openings shall be tended during flooding of the dock.
(c) When a ship or craft, not in commission, is in a naval drydock, the provisions of this article shall apply, except that the commanding officer of the docking activity or his representative shall act in the capacity of the commanding officer.
(d) When a naval ship or craft is in drydock in a private shipyard, responsibility for actions normally assigned by the commanding officer of the docking activity will be assigned by contract to the contractor. [39 FR 7135, Feb. 25, 1974, as amended at 45 FR 80279, Dec. 4, 1980)
8 700.755 Safe navigation and regulations
governing operation of ships and air.
craft. (a) The commanding officer is responsible for the safe navigation of his ship or aircraft except as prescribed otherwise in these regulations for ships at a naval shipyard or station in drydock, or in the Panama Canal. In time of war or armed conflict, or in exercises simulating war or armed conflict, competent authority may modify the use of lights or other safeguards required by law to prevent collisions at sea, in port, or in the air. In exercises, such modifications will be employed only when ships or aircraft clearly will not be hazarded.
(b) Professional standards and regulations governing ship handling, safe navigation, safe anchoring and related operational matters shall be promulgated by the Chief of Naval Operations.
(c) Professional standards and regu. lations governing the operation of naval aircraft and related matters shall be promulgated by the Chief of Naval Operations or the Commandant of the Marine Corps as appropriate.
8 700.754 Pilotage.
(a) The commanding officer shall:
(1) Pilot the ship under all ordinary circumstances, but he may employ pilots whenever in his judgment such employment is prudent.
(2) Not call a pilot on board until the ship is ready to proceed.
(3) Not retain a pilot on board after the ship has reached her destination or point where pilot is no longer required.
(4) Give preference to licensed pilots.
(5) Pay pilots no more than the local rates.
(b) A pilot is merely an adviser to the commanding officer. His presence on board shall not relieve the commanding officer or any of his subordinates from their responsibility for the proper performance of the duties with which they may be charged concerning the navigation and handling of the ship. For an exception to the provisions of this paragraph, see “Rules and Regulations Covering Navigation
8 700.756 Duties of the prospective com
manding officer of a ship. (a) Except as may be prescribed by the Chief of Naval Operations, the prospective commanding officer of a ship not yet commissioned shall have no independent authority over the preparation of the ship for service by virtue of his assignment to such duty, until the ship is commissioned and transferred to his command. As the prospective commanding officer, he shall:
(1) Procure from the commander of the naval shipyard or the supervisor of shipbuilding the general arrangement plans of the ship, and all the
8 700.757 Authority of the commanding
officer or prospective commanding of.
ficer of a naval nuclear powered ship. The Chief of Naval Operations shall be responsible for providing the commanding officer or prospective commanding officer of a naval nuclear powered ship with the authority and direction necessary to carry out his responsibilities for the safety of the ship and crew, and the health and safety of the general public in surrounding area.
pertinent information relative to the general condition of the ship and the work being undertaken on the hull, machinery, and equipment, upon reporting for duty.
(2) Inspect the ship as soon after reporting for duty as practicable, and frequently thereafter, in order to keep himself informed of the state of her preparation for service. If, during the course of these inspections, he notes an unsafe or potentially unsafe condition, he shall report such condition to the commander of the naval shipyard or the supervisor of shipbuilding and to his superior for resolution.
(3) Keep himself informed as to the progress of the work being done, including tests of equipment, and make such recommendations to the commander of the naval shipyard or the supervisor of shipbuilding as he deems appropriate.
(4) Ensure that requisitions are submitted for articles to outfit the ship which are not otherwise being provided.
(5) Prepare the organization of the ship.
(6) Make such reports as may be required by higher authority, and include therein a statement of any deficiency in material or personnel.
(b) If the prospective commanding officer does not consider the ship in proper condition to be commissioned at the time the commander of the naval shipyard or the supervisor of shipbuilding signifies his intention of transferring the ship to him, he shall report that conclusion with his reasons therefor, in writing, to the commander of the naval shipyard or the supervisor of shipbuilding and to the appropriate higher authority.
(c) If the ship is elsewhere than at a naval shipyard, the relationship between the prospective commanding of. ficer and the supervisor of shipbuilding, or other appropriate official, shall be the same as that between the prospective commanding officer and the commander of a naval shipyard as specified in this article.
8 700.758 Inspection incident to commis
sioning of ships. When a ship is to be commissioned, the authority designated to place such ship in commission shall, just prior to commissioning, cause an inspection to be made to determine the cleanliness and readiness of the ship to receive its crew and outfit. In the case of the delivery of a ship by a contractor, the above inspection shall precede acceptance of the ship. A copy of the report of this inspection shall be furnished the officer detailed to command the ship and to appropriate commands, bureaus or offices.
88 700.759—700.762 (Reserved)
8 700.763 Quarantine.
(a) The commanding officer or aircraft commander of a ship or aircraft shall comply with all quarantine regulations and restrictions, United States or foreign, for the port or area within which his ship or aircraft is located.
(b) Whether or not liable to quarantine, the commanding officer shall afford every facility to visiting health officers, United States or foreign, and shall give all information required by the latter, insofar as permitted by the requirements of military security.
(c) The commanding officer shall allow no intercourse with a port or area or with other ships or aircraft until he has consulted local health authorities when:
(1) Doubt exists as to the sanitary regulations or health conditions of the port or area.
(2) A quarantine condition exists aboard his ship or aircraft.