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(b) The law cited in paragraph (a) of this section further provides that instructors and members of duly organized Cadet Corps at Certain institutions of learning may wear the uniform duly prescribed by the authorities of Such institutions.

(c) The law cited in paragraph (a) of this section further provides that the uniform worn by members of the military Societies or by members and instructors of the Cadet Corps referred to in paragraph (a) of this section shall include some distinctive mark or insignia, prescribed by the Secretary of the military department concerned to distinguish such uniforms from the uniforms of the Army, Navy, Air Force, or Marine Corps.

(d) Accordingly, except as otherwise provided in this paragraph, the following mark is hereby designated to be worn by all persons wearing the Navy or Marine Corps uniform as provided in paragraphs (a), (b), and (c) of this section: A diamond, 3% inches long in the vertical axis, and 2 inches wide in the horizontal axis, of any cloth material, white on blue clothing, forestry green On khaki clothing, and blue on white Clothing. The figure shall be worn on all Outer clothing on the right sleeve, at the point of the shoulder, the upper tip of the diamond to be one-fourth inch below the shoulder seam. For perSons who are participating in United States Marine Corps Junior ROTC programs, the following mark is designated to be worn: A round patch, three inches in diameter, which contains a gold Marine Corps emblem centered On a Scarlet field. The Scarlet field is surrounded with a blue border containing the words “United States Marine Corps Junior ROTC” in white lettering. Surrounding the blue field will be a gold border. Unless otherwise directed, the patch will be worn in the manner described above in connection with the “diamond” insignia.

(e) Within the meaning of paragraph (a) of this section, the occasions when members of the military societies may wear the uniform of their respective soCiety are official functions which such a member attends in his capacity as a War Veteran Or as a member of Such military society.

(f) Marine Corps Uniform Regulations may be examined and individual copies of pertinent provisions thereof may be purchased in accordance with $701.1 of this chapter. t

(Sec. 773, 70A Stat. 35; 10 U.S.C. 773)

[13 FR 8971, Dec. 28, 1948, as amended at 26 FR 11794, Dec. 12, 1961; 37 FR 6472, Mar. 30, 1972; 44 FR 37610, June 28, 1979]

$765.14 Unofficial use of the seal, emblem, names, or initials of the Marine Corps.

(a) Purpose. To establish procedures to determine whether to grant permisSion to use or imitate the Seal, emblem, names, or initials of the Marine Corps in Connection with commercial and Certain noncommercial activities pursuant to 10 U.S.C. 7881. The Secretary of the Navy, in Secretary of the Navy Instruction 5030.7, has provided the policy and delegated to the Commandant of the Marine Corps (CMC), power to Subdelegate to certain subordinate officers in writing, the authority to grant permission required by section 7881(b) of 10 U.S.C. for such use Or imitation. (b) Scope. The provisions of this Order requiring prior approval of the Secretary of the Navy, CMC, or the des– ignee apply only to the use or imitation of the Seal, emblem, names, or initials of the Marine Corps that suggest Official approval, endorsement, or authorization is in connection with a promotion, goods, Services, or commercial activity. (c) Standards—(1) No unofficial use or imitation of the Marine Corps Seal. Reproduction and use of the Marine Corps Seal, as designated in Executive Order No. 10538 Of June 22, 1954, is restricted to materials emanating from Headquarters Marine Corps. Except for manufacture of Official letterhead stationery and related items of official Marine Corps use, reproduction and use of the Marine Corps Seal is prohibited. (2) Unofficial use or imitation of the Marine Corps emblem, names, or initials. Requests from Civilian enterprises to use or imitate the Marine Corps emblem, names, or initials will ordinarily be approved where use or imitation merely provides a Marine Corps accent or flavor to otherwise fungible goods. Disapproval, however, usually may be

expected where Such use or imitation reasonably would: (i) Imply any official or unofficial connection between the Marine Corps and the user; (ii) Tend to create the impression that the Marine Corps or the United States is in any way responsible for any financial or legal obligation of the uSer; (iii) Give the impression that the Marine Corps selectively benefits the particular manufacturer, Commercial entity, or other user, as in displaying the Marine Corps emblem, names, or initials on musical instruments, weapons, or the like, and in using the emblem, names, or initials in Connection with advertising, naming, or describing products and Services such as insurance, real estate, or financial Services; OI’ (iv) Tend to subject the Marine Corps to discredit or would be inimical to the health, safety, welfare, or morale of the members of the Marine Corps. (3) Acceptable use of imitation of the Marine Corps insignia. No request for permission is required when a use or imitation of the Marine Corps emblem, names, or initials includes prominent display of the disclaimer, “Neither the United States Marine Corps nor any other component of the Department of Defense has approved, endorsed, or authorized this product (or promotion, or Service, or activity)” as an integral part of the use of imitation. A “prominent display” is one located on the same page as the first use of the insignia, prominent in that use, and printed in letters at least one half the Size and density of the insignia. (d) Action—(1) When permission required. Commercial or noncommercial use or imitation of the Marine Corps emblem, names, or initials is prohibited unless permission is first obtained in writing from the CMC, except when such use does not suggest that the use or imitation is approved, endorsed, or authorized by the Marine Corps or any other component of the Department of Defense. (2) Redelegation of authority. The CMC hereby redelegates, pursuant to the authorization in paragraph 4 of the Secretary of the Navy 5030.7, authority to grant Written permission to use the

Marine Corps emblem, names, or initials to the Director of Headquarters Support (CMC (HQSP)). Prior to granting approval for commercial usage of the Marine Corps insignia, the CMC (HQSP) shall forward such requests to the Head, Marine Corps Exchange Service Branch, Facilities and Services DiVision, Installations and Logistics Department (CMC) (LFE)) and to the Counsel for the Commandant (CMC (CL)) for comment and concurrence. All other requests shall be routed to the Director, Judge Advocate Division (CMC (JAR)) for comment and concurI’e]]Ce. (3) Procedures for obtaining written permission. Requests for written permisSion to use or imitate the Marine Corps emblem, names, or initials shall be in writing and Shall be directed to the CMC (HQSP). The request should, at a minimum, contain the following information: (i) Name and address of the reQuester. (ii) A description of the type of activity in which the requester is engaged Or proposes to engage. (iii) A Statement of whether the reQuester considers the proposed use or initation to be commercial or nonCommercial, and why. (iv) A brief description and illustration or sample of the proposed use or imitation, as well as a description of the product or service in connection with which it will be used. This deScription will provide Sufficient detail to enable the Marine Corps to determine whether there is a reasonable tendency to Suggest Such use or imitation is approved, endorsed, or authorized by the Marine Corps or any other component Of the Department. Of Defense. (v) In the case of a noncommercial use of imitation, a copy of the charter, constitution, bylaws, and similar Organizational documents of the requester, together with a detailed description of its function or purpose. Insufficiently Specific requests will be returned for additional information. (e) Reserve applicability. This Order is applicable to the Marine Corps ReServe.

[51 FR 45467, Dec. 19, 1986]

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For the purpose of this part certain terms are defined as follows:

(a) Alternate use. Use of the aviation facility, specified in the flight plan, to which an aircraft may divert when a landing at the point of first intended landing becomes impractical because of Weather. (Aircraft may not be dispatched, prior to takeoff from the airport of origin, to a facility licensed for alternate use.)

(b) Civil aircraft. Domestic or foreign aircraft operated by private individuals Or Corporations, or foreign government-owned aircraft operated for Commercial purposes. This includes:

(1) Contract aircraft. Civil aircraft operated under charter or other contract to any U.S. Government department or agency.

(2) Leased aircraft. U.S. Governmentowned aircraft delivered by the Government to a lessee subject to terms prescribed in an agreement which does not limit the lessee's use of the aircraft to Government business. (c) Civil aviation. All flying activity by civil aircraft including: (1) Commercial aviation. Transportation by aircraft of passengers or Cargo for hire and the ferrying of airCraft as a commercial venture. (2) General aviation. All types of civil aviation other than commercial aviation as defined above. (d) Facility. A separately located and Officially defined area of real property in which the Navy exercises a real property interest and which has been designated as a Navy or Marine Corps aviation facility by cognizant authority; or where the Department of the Navy has jurisdiction over real property agreements, expressed or implied, with foreign governments, or by rights of Occupation. (This definition does not include aircraft carriers nor any other type of naval vessel with a landing area. for aircraft.) (e) Government aircraft. Aircraft Owned or Operated by any department Or agency of either the United States or a foreign government (except a foreign government-owned aircraft operated for commercial purposes). Also aircraft owned by any department, agency, or political Subdivision of a State, territory, or possession of the United States when such local government has sole responsibility for operating the aircraft. Government aircraft includes: (1) Military aircraft. Aircraft used in the military services of any government. (2) Bailed aircraft. U.S. Governmentowned aircraft delivered by the Government to a Government contractor for a Specific purpose directly related to a Government contract. (3) Loaned aircraft. U.S. Governmentowned aircraft delivered gratuitously by any Department of Defense agency to another Government agency, to a U.S. Navy or Marine Corps Flying Club, or to a U.S. Army or Air Force Aero Club.

(f) Joint-use facility. A Navy or Marine Corps facility where a specific agreement between the Department of the Navy and a civilian community, or between the U.S. Government and a foreign government, provides for civil aircraft use of the runways and taxiways. Civil aircraft terminal, parking, and servicing facilities are established and controlled by civil authorities in an area separate from those of the Navy or Marine Corps. (g) Official business. Business, in the interest of the U.S. Government, which personnel aboard an aircraft must transact with U.S. Government organizations or personnel at or near the naval aviation facility concerned. Use of a facility to solicit U.S. Government business is not “official business.” (h) Provisional use. Use of a naval aviation facility for the purpose of providing adequate Service to a Community where, because of repair, Construction or the performance of other work, the regular civil airport servicing the community is not available for an extended period. (An aircraft may be dispatched prior to takeoff from the airport of origin to a naval aviation facility authorized for provisional use.) (i) Scheduled use. Use of a facility on a scheduled or regularly recurring basis by an air carrier Certified by the Civil Aeronautics Board to provide passenger and cargo Service to a Community Or area. (j) Services in connection with Government contracts. This type of operation, cited on the Aviation Facility License, indicates the use of a facility for transporting the contractor’s Supplies and personnel for the performance of work at the facility under the terms of a Specific U.S. Government Contract. (k) Technical Stop. An en route landing for the purpose of obtaining fuel, oil, minor repairs, or crew rest. This does not include passenger accommodations nor passenger/cargo enplaning or deplaning privileges unless specifically authorized by the Chief of Naval Operations. (1) User. An individual, Corporation, or company named in the Aviation Facility License and the Certificate of InSUlra,IlC6.

$766.3 Authority.

Section 1107(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1507, 1508) States that “Air navigation facilities Owned or Operated by the United States may be made available for public use under such conditions and to such extent as the head of the department or other agency having jurisdiction thereof deems advisable and may by regulation prescribe.” (See $766.13 for restrictions in posed by the Federal Aviation Act of 1958.)

$766.4 Policy.

Navy and Marine Corps aviation facilities are established to support the operation of Navy and Marine Corps aircraft. Equipment, personnel and material are maintained only at a level necessitated by these requirements and shall not be used to support the operation or maintenance of civil aircraft or non U.S. Government aircraft, except as noted below. (Nothing in this part, however, should be interpreted to prohibit any aircraft from landing at any suitable Navy or Marine Corps aviation facility in case of a bona fide emergency.) (See §766.5(i).) (a) General. Subject to the procedures established elsewhere in this part, civil aircraft and government aircraft, Other than those belonging to the U.S. Government may use Navy or Marine Corps facilities, if necessary, Provided, That: (1) They do not interfere with military requirements, and the Security of military operations, facilities, or equipment is not compromised. (2) No adequate civil airport is available. (Exception to this provision may be made when the aircraft is operated in connection with official business as defined in this part.) (3) Pilots comply with regulations promulgated by the cognizant military agency and the commanding Officer of the facility. (4) Civil aircraft users assume the risk in accordance with the provisions of the Aviation Facility License. (5) Each aircraft is equipped with two-way radio which provides a Capability for voice communications with the control tower on standard Navy/ Marine Corps frequencies.

(6) The user, or requesting government, has obtained permission through diplomatic channels from the host country wherein the facility of intended landing is located, if applicable. (b) Civil Aircraft owned and operated by—(1) Military personnel. Private aircraft owned and operated by active duty U.S. military personnel or by Navy/Marine Corps Reservists on inactive duty may be authorized to land at a facility, provided such aircraft is not engaging in air commerce, and Such landing is for official business required by written orders. Under no conditions shall such aircraft be allowed to base or operate from a facility for personal convenience nor base at a facility under the guise of official business. (2) Civil employees of the U.S. Government. Private aircraft. Owned and Operated by civil employees of the U.S. Government may be authorized to land at a facility, provided such aircraft is not engaging in air Commerce, and such landing is for official business required by written orders. Such aircraft shall not be allowed to base or operate from a facility for personal Convenience. (Employees of U.S. Government contractors are not considered Civil employees of the U.S. Government.) (3) Non-U.S. Government personnel. An individual or corporation owned and/or Operated aircraft may be authorized to land at a facility for: (i) Sales or service representation to authorized military agents (e.g. the exchange, Commissary, or contracting officer). (ii) Services in connection with U.S. Government contracts. Contracting agency and contract number(s) must be cited in the application for an Aviation Facility License. (c) Department of defense charter or contract. Aircraft operating under a Military Traffic Management and Terminal Service (MTMTS), Military Airlift Command (MAC), or Navy charter Or Contract for the movement of DOD passengers or cargo may be authorized to use Navy or Marine Corps aviation facilities when required for loading, en route Or terminal Stops. (d) Test and eacperimental use. Aircraft being produced for a military agency under contract may use Navy/Marine Corps facilities for testing and experi

mental purposes, if the contract so provides, or if it is determined to be in the best interests of the U.S. Government to do so. Unless otherwise provided in the contract, an Aviation Facility License is required, and the user shall furnish a Certificate of Insurance as provided in this part. (e) Aircraft demonstrations. Manufacturers of aircraft or installed equipment may be authorized to use Navy/ Marine Corps facilities in demonstrating and/or showing aircraft or installed equipment to officials of the U.S. Government, when: (1) It is determined to be in the best interest of the U.S. Government. (2) The aircraft was produced in accordance with U.S. Government specifications either with or without the aid Of Federal funds. (3) There is an expressed interest on the part of the U.S. Government offiCials responsible for procurement, approval, or certification of the aircraft. (f) Joint use. When a specific agreement is entered into by the Department of the Navy pertaining to joint Civil/military use of a Navy or Marine Corps facility, the terms of that agreement shall take precedence over the provisions Of this part. (g) Diplomatic agreements. For diplomatic agreements and clearances to use U.S. Navy and Marine Corps aviation facilities in foreign countries, the provisions of this part are subject to the provisions of status of forces agreements, treaties of mutual cooperation or other international agreements. This part shall be used as a guide in negotiating agreements at the local level with representatives of a foreign military Service, the U.S. Embassy, and the host government concerning the use of naval facilities by other than U.S. military aircraft. Approval shall be obtained from the Chief of Naval Operations for proposed terms which are in conflict with this part.

$766.5. Conditions governing use of aviation facilities by civil aircraft.

(a) Risk. The use of Navy or Marine Corps aviation facilities by civil airCraft shall be at the risk of the operator. Except as hereinafter provided for U.S. Government contractors, the Department of the Navy shall assume no

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