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facts upon which to make a determination that the entry of the applicant at the time and for the purpose indicated is or is not in accordance with the criteria, set forth in §761.6. (2) Request additional information from the applicant if required, or (3) Issue an entry authorization as requested or modified as Circumstances require, Or (4) Deny the request and advise the applicant of his right to appeal, or, (5) Forward the application to the next superior in command together with a statement of the investigation conducted and the reason for forwarding and comments or recommendations as appropriate. (d) Authorizations. Entry authorizations will state the purpose for which the entry is authorized and such other information and conditions as are pertinent to the particular authorization. Authorizations to enter and re-enter may be issued to resident U.S. citizens and be valid for a specified time not to exceed two years. Authorizations may be issued to U.S. citizens residing abroad and to aliens to enter and reenter for a specified period of time required to accomplish the purpose for which the authorization was issued not to exceed one year.
[28 FR 13778, Dec. 18, 1963, as amended at 41 F.R. 28958, July 14, 1976]
$761.12 Ships: Group authorizations.
Ships or other craft in the following categories, except those ships which have been denied individual authorization or have had a prior authorization revoked, may enter the defense areas indicated without individual authorizations:
(a) U.S. Public vessels, to enter all defense area.S.
(b) U.S. private vessels which are: (1) Under charter to the Department of Defense (including the Military Sealift Command), or (2) operating under a Contract. Or charter with the Department of Defense providing for the employment of such vessels, or (3) routed by a Naval Control of Shipping Office, or (4) employed exclusively in support of and in connection with a Department of Defense construction, maintenance, or repair contract and whose crews carry individual entry clear
ances, to enter defense areas as authorized by controlling Defense Department agency. (c) [Reserved] (d) Privately owned local craft, registered with and licensed by appropriate local U.S. Government authorities, and owned and operated by local inhabitants who have been granted an authorization to enter the local defense area, at the discretion of the local commanders. (e) Foreign flag ships traveling on diplomatic or other special clearance Or for which special arrangements have been made under international agreement;S Or treaties. (f) Ships operating under a group authorization issued by the Chief of Naval Operations. (g) Ships in distress, subject to local clearances and control by Senior officer present.
[28 FR 13778, Dec. 18, 1963, as amended at 36 FR 21890, Nov. 17, 1971]
$761.13 Ships: Individual authorizations.
(a) Applications; form; filing. Applications for authorization to navigate ships within the limits of defense areas shall be filed with the cognizant Entry Control Commander by letter Or telegram including the following information and any additional information that may be relative to the proposed Operation:
(1) Name of Ship.
(2) Place of registry and registry number.
(3) Name, nationality and address of Operator.
(4) Name, nationality and address of OWIler.
(5) Gross tonnage of ship.
(6) Nationality and numbers of officers and crew (include crewlist when practicable).
(7) Number of passengers (include list when practicable).
(8) Last port of call prior to entry into area for which clearance is requested.
(9) Purpose of visit.
(10) Proposed date of entry and estimated duration of stay.
(b) Processing. Authorization for Single entries or for multiple entries for a period not to exceed one year may be granted or denied by an Entry Control Commander. Authorizations for multiple entries for a period to exceed one year or for special group entries must be forwarded to the Chief of Naval Operations with appropriate CommentS and recommendations. granted by (issuing activity) OIl is hereby revoked effective this date.
$761.14 Aircraft: Group tions.
Aircraft in the following Categories, except those aircraft which have been denied individual authorization or have had a prior authorization revoked, may enter the defense areas indicated without individual authorization:
(a) U.S. public aircraft to enter all defense areas.
(b) U.S. private aircraft which are under charter to the Department. Of Defense (including the Military Airlift Command), or Operating under a Contract, with the Department Of Defense providing for the employment of such aircraft to Overfly U.S. island positions to enter defense areas as authorized by controlling Defense Department agency. If landing at U.S. military facilities is required, see $761.15(a).
(c) Foreign flag aircraft for which special arrangements have been made under international agreements or treatieS.
(d) Aircraft operated by Companies authorized to utilize naval facilities in defense areas for regular commercial activity, to enter defense areas associalted therewith. For landing Clearance at U.S. military facilities, see § 761.15(a).
(e) Any aircraft in distress, Subject to local clearance and Control by Senior officer present.
[41 FR 28958, July 14, 1976]
§ 761.15 Aircraft: Individual authorizations.
(a) Special procedures. In addition to the entry authorization to enter or navigate within the defense area. Concerned, certain special procedures must be followed by aircraft:
(1) If landing at U.S. naval aviation facilities, an Aviation Facility License must be obtained, in accordance with Secretary of the Navy Instruction 3770.1B, Use of Department of the Navy aviation facilities by other than United States Department of Defense aircraft.
(2) If landing at U.S. Air Force aviation facilities, a Civil Aircraft Landing Permit must be obtained, in accordance with Department. Of the Airforce Regulation 55–20, Use of United States Air Force installations by other than United States Department of Defense aircraft. (3) Foreign public aircraft must obtain diplomatic clearance or clearance under applicable special agreements or treaties. (b) Application; Form; Filing. Applications for authorization to navigate airCraft within the limits of defense areas shall be made by letter or telegram addressed to the appropriate entry Control commander as indicated in $761.9 with information copies to the Chief of Naval Operations, Commander in Chief, U.S. Atlantic (or Pacific) Fleet, as appropriate, and other local Commanders who are known to be concerned. Applications shall include the following: (1) Type and Serial number of aircraft (the number of aircraft in flight if a. maSS movement is involved), nationality and name of registered owner. (2) Name and rank of Senior pilot. *(3) Number in crew. *(4) Number of passengers and whether military or civilian; include name (and rank) of distinguished passengers. (5) Purpose of flight. (6) Plan of flight route, including: (i) Point of origin of flight and its destination. (ii) Estimated date and times of arrival and departure at all airspaces covered by this part 761 including stops within the Trust Territory, when pertinent. (7) Radio call Signs of aircraft and radio frequencies available. (8) Whether Camera.S are to be carried and whether they will be used. *(9) Whether arms are to be carried. *(10) Whether authorization to land as indicated in §761.15(a) has been Obtained. NOTE: Information on those items marked with an asterisk (*) need not be reported when the aircraft will Only overfly the areas Covered by this part.
(c) Processing. Authorization for individual entries or for multiple entries for a period not to exceed three months
*See “Note” to this paragraph.
may be granted by an Entry Control Commander. Authorizations for multiple entries over a period to exceed three months and applications for group authorizations must be forwarded to the Chief of Naval Operations with appropriate Comments and recommendations.
[41 FR 28958, July 14, 1976]
§ 761.16 Notice of action.
All applicants will be kept advised of action being taken relative to the processing of applications. Individuals whose applications cannot be processed promptly (usually within ten working days) or whose applications must be forwarded to another office for processing will be notified of the anticipated delay and advised of the approximate time when action may be expected to be taken. Under no circumstances will a notice of disapproval include a statement of the reason therefor. Copies of all notices will be distributed to commands and Entry Control Commanders Concerned. Copies of all notices of disapproval will be mailed to the Chief of Naval Operations concurrently with the mailing to the applicant.
Entry authorizations will be revoked only by an Entry Control Commander upon being advised of the discovery of information which would have been ground for denial of the initial request. Such a revocation will be confirmed in writing to the holder of an entry authorization. No reason for revocation of the entry authorization will be given. When an entry authorization is revoked, a one-way permit will be issued as appropriate, to permit the ship, aircraft, or person to transit the defense area in order to depart from a Contiguous area.
(a) Appeals may be filed with the Entry Control Commander who issued the denial or revocation. It shall contain a complete statement of the purpose of the proposed entry and a statement of reasons why the entry should be authorized, including a showing that the entry will be consistent with the purposes of national defense.
(b) Appeal letters shall be forwarded promptly to the next superior Entry Control Commander with an endorsement setting forth the reasons for the denial or revocation and a recOmmendation as to the action to be taken by the Superior.
(c) The Superior may act on the appeal and notify the applicant of the decision, or he may forward the appeal to the next Superior and notify the appliCant of this referral.
[28 FR 13778, Dec. 18, 1963, as amended at 41 FR 28959, July 14, 1976]
§ 761.19 Forms.
The following forms shall be used in connection with the processing of applications for authorization to enter defense areas and for revocation of authorizations as indicated:
(a) Application. Statement of Personal History (Form DD 398, Stock Number 0102–004–220) may be obtained from NAVPUBFORMCEN, Building 26, 5801 Tabor Ave., Philadelphia, PA 19120.
(b) Entry authorization. (1) Defense Area. Entry Authorization (OPNAVForm 4600–2 (Rev. 5–59) may be Obtained from Office of the Chief of Naval Operations (OP–09B33), Navy Department, Washington, DC 20350.
(2) Letter or message authorization.
(C) Disapproval of request for entry authorization.
MY DEAR : Your application of has been reviewed and we regret to advise you that the requested authorization for — to enter — is not granted as the entry at this time for the purpose Stated is not considered to be in the interest of national defense. The application may be resubmitted again in Six months at which time it will be reconsidered in the light of then existing cirCuInStanceS. If you desire to appeal this decision, you may do SO by Submitting a letter to this of fice Setting forth in full why you consider that the granting of the application would be in the interest of national defense and any Other information that you believe will be of value of this person considering the appeal. Your letter will be forwarded to the appropriate authority for review and you will be advised in due course of his determination.
Sincerely yours, [41 FR 28959, July 14, 1976]
Subport D–Additional Instructions
$761.20 Additional regulations governing persons and vessels in Naval Defensive Sea Areas.
(a) By virtue of the authority vested in the President by Section 44 of the United States Criminal Code, as amended and reenacted in 18 U.S.C. 2152, the President has prescribed the following additional regulations in Executive Order 9275 of November 23, 1942 (7 FR 9767; 1943 Cum. Supp. p. 1227) to govern persons and vessels within the limits of defensive Sea areas theretofore or thereafter established. (1) No person shall have in his posses— Sion within the limits of any defensive Sea area, any camera or other device for taking pictures, or any film, plate or other device upon or out of which a photographic imprint, negative or positive, can be made, except in the performance of official duty or employment in Connection with the national defense, or when authorized pursuant to the provisions of the Act approved June 25, 1942 (Pub. L. 627, 77th Congress), as amended (50 U.S.C. App. 781– 785), and the regulations promulgated thereunder (7 FR 7307; 32 CFR 765.19(b)). (2) It shall be the duty of the master or officer in charge of any vessel to take custody of and safeguard all cameras or other devices for taking pictures, or film, plate or other device upon or Out of which a photographic imprint, positive or negative, can be made, the possession of which is prohibited by Executive Order 9275, from any person, prior to the time any vessel enters any defensive sea area or upon the boarding by any person of any vessel while within a defensive sea, area, and to retain custody thereof until Such vessel is outside the defenSive Sea area, or the person is about to disembark. (3) There shall be prominently displayed on board all vessels, except public war vessels of the United States manned by personnel in the naval service, a printed notice containing the
States, and those laws made applicable under the Special maritime jurisdiction Contained in the Act of June 15, 1950 (ch. 253, 64 Stat. 217). (b) For the purposes of this part, the Midway Islands include all public lands on, and all territorial waters and the Contiguous Zone adjacent to or surrounding, the Midway Islands, Hawai– ian Group, between the parallels of 28°5' and 28°25' North Latitude, and between the meridians of 177°10' and 177°30' West Longitude, as were placed under the jurisdiction and control of the Navy Department by the provisions Of Executive Order No. 199—A of January 20, 1903, as superseded by Executive Order No. 11048 of September 5, 1962.
The purpose of this part 762 is to provide: (a) For the Civil administration of the Midway Islands; (b) For vesting powers and duties in appropriate officers of the United States for the civil administration of the Midway Islands, including judicial and executive functions; (C) Certain criminal provisions appliCable to the Midway Islands not otherwise provided for, and penalties for their violations; (d) A judicial System for the Midway Islands not otherwise provided for; and (e) Certain civil laws for the Midway Islands not otherwise provided for.
(a) This part is applicable to all Civilian and nonmilitary persons, and to all military personnel for matters involving civil administration, civil law, or Criminal Offenses not. Otherwise covered by the Uniform Code of Military Justice, while such persons are on the Midway Islands.
(b) In no event shall the provisions of this part supersede federal law, or the Uniform Code of Military Justice, nor shall the provisions of this part derogate the inherent or delegated authority, responsibility, and powers of the Officer—in–Charge, U.S. Naval Air Facility, Midway Island, under U.S. Navy Regulations, 1973, the Uniform Code of