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against the United States by reason of any payment under the policy for damage or injury which might arise Out of or in connection with the insured's use of any Navy installation or facility. (ii) The insurance afforded by the policy applies to the liability assumed by the insured under OPNAV Form 3770/1, Aviation Facility License. (iii) If the insurer cancels or reduces the amount of insurance afforded under the listed policy, the insurer shall send written notice of the cancellation or reduction to Commander, Naval Facilities Engineering Command, Department of the Navy, Washington, DC 20390 by registered mail at least 30 days in advance of the effective date of the cancellation; the policy must state that any cancellation or reduction will not be effective until at least 30 days after such notice is sent, regardless of the effective date specified therein. (iv) If the insured requests cancellation or reduction, the insurer shall notify the Commander, Naval Facilities Engineering Command, Department of the Navy, Washington, DC 20390 immediately upon receipt of such request. (c) Eacemption. Government aircraft, as defined in §766.2(e) are exempt from the insurance requirements specified above. However, this exemption applies to bailed aircraft only if the contract under which the aircraft is bailed Specifies that insurance is not required.
$766,10 Cancellation or suspension of the aviation facility license (OPNAV Form 3770/1).
(a) Cancellation. (1) If the user fails to Comply with the terms of the Aviation Facility License (OPNAV Form 3770/1) or of any applicable regulations, all Current Aviation Facility Licenses for that user will be canceled. A canceled Aviation Facility License cannot be reinstated; a new application must be Submitted for approval as explained in § 766.7.
(2) If the commanding officer of a naval aviation facility has reason to believe that the use of an Aviation Facility License is not in accordance with the terms of the license he should immediately notify the Chief of Naval Operations, giving the name of the user, the Aviation Facility License number,
and citing the circumstances of the misuse. (b) Suspension. The approving authority, or the commanding officer of the facility, may suspend an approved Aviation Facility License when such licensed use would be inconsistent with Navy/Marine Corps or national defense interests. Whenever possible, the Department of the Navy will avoid suspension of licenses which have been issued for official business or scheduled air Carrier use. In all cases, suspensions will be lifted as quickly as possible. A Suspension will not have the effect of extending the expiration date of an approved Aviation Facility License.
$766.11 Fees for landing, parking and storage.
(a) The Commanding officer of a facility will Collect landing, parking, and Storage fees, as applicable, from all users required to have an Aviation Facility License by $766.7 except for the following: (1) Government aircraft (see definition $766.2(g)) except that foreign government aircraft will be charged fees if their government charges similar fees for U.S. Government aircraft. (2) Aircraft being produced under a Contract of the U.S. Government. (3) Any contract aircraft (see definition $766.2(b)(1)) or other civil aircraft which is authorized to use the facility on official business. (4) Aircraft employed to train operators in the use of precision approach systems (GCA, ILS, et al.) provided full-stop or touch-and-go landings are not performed. (5) Aircraft owned and operated by either Navy/Marine Corps Flying Clubs or Aero Clubs or other military services which are operated as instrumentalities of the U.S. Government. (6) Aircraft owned and operated by military personnel on active duty (Regular and Reserve) or retired, provided the aircraft is not used for Commercial purposes. (7) Landing fees incident to emergency landings for which the landing fee has been waived by the commanding officer in accordance with §766.5(1)(5)(i). (b) Fee for unauthorized landing. If an aircraft lands at a Navy/Marine Corps aviation facility without obtaining prior permission (except for a bona fide emergency landing), a landing fee in excess of the normal landing fee will be charged to cover the additional expenses incurred due to Special handling and processing. The fee for an unauthorized landing will be as follows: (1) For aircraft weighing less than 12,500 pounds: $100. (2) For aircraft weighing 12,500 pounds but less than 40,000 pounds: $250. (3) For aircraft weighing 40,000 pounds but less than 100,000 pounds: $500. (4) For aircraft weighing above 100,000 pounds: $600. (c) Normal landing fee. The normal landing fee is based on the aircraft maximum authorized gross takeoff weight, to the nearest 1,000 pounds. The maximum gross takeoff weight may be determined either from item 7F of OPNAV Form 3770/1 or from the “Airplane Flight Manual” carried aboard each aircraft. If the weight cannot be determined, it should be estimated.
CHARGE PER LANDING
Inside CONUS—0.20/1,000 pounds or any portion thereof with a minimum of $5.
Outside CONUS—0.30/1,000 pounds or any portion thereof with a minimum of $7.50.
(d) Parking and Storage fees. Fixed and rotary wing aircraft parking and storage fees are based upon the gross takeoff weight of the aircraft as follows: (1) Outside a hangar. Charges begin 6 hours after the aircraft lands. The rate is 10 cents per thousand pounds for each 24-hour period or fraction thereof, with a minimum charge of $1.50 per airCraft. (2) Inside a hangar. Charges begin as Soon as the aircraft is placed inside the hangar. The rate is 20 cents per 1,000 pounds for each 24-hour period or fraction thereof, with a minimum charge of $5 per aircraft. (e) Reimbursement. Collections incident to direct (out of pocket) costs will be credited to local operating and maintenance funds. All other collections, Such as for landing, parking, and Storage fees will be credited to Navy General Fund Receipt Account 172426. Accumulation of costs and preparation of billing documents are prescribed in
paragraphs 032500–032503 Of NAVCOMPT Manual.
$766.12 Unauthorized landings.
An aircraft that lands at a Navy/Marine Corps aviation facility without obtaining prior permission from an approving authority, except in a bona. fide emergency, is in violation of this part. Civil aircraft landing in violation of this regulation will have to pay the fee prescribed in § 766.11(b). In those Cases where an unauthorized landing is made at a facility within a Naval Defense Area, proclaimed as such by Executive order of the President, civil aircraft may be impounded and the operator prosecuted as indicated in OPNAVINST 5500.11C of November 12, 1963. In any event, before the aircraft is authorized to depart, the commanding officer of the facility will: (a) Inform the aircraft Operator of the provisions of this part and the OP NAVINST 5500.11C of November 12, 1963, if applicable. (b) Require the aircraft, Operator (or Owner), before takeoff, to pay all fees and charges and to comply with the following procedure: (1) Execute OPNAV Form 3770/1, explaining in item 6 of that form the reaSon for the landing. (2) In lieu of submitting a Certificate of Insurance (NAVFAC 7–11011/36), the insurer must furnish evidence of SuffiCient insurance to include waiver of any right of Subrogation against the United States, and that such insurance applies to the liability assumed by the insured under OPNAV Form 3770/1. (3) When it appears that the violation may have been deliberate, Or is a repeated violation, departure authorization must be obtained from the Chief of Naval Operations. (4) Waiver of the requirements in paragraphs (b)(1) and (2) of this Section may be obtained from the Chief of Naval Operations to expedite removal Of these aircraft, when such waiver is considered appropriate.
[35 FR 14451, Sept. 15, 1970, as amended at 51 FR. 22804, June 23, 1986]
$766.13 Sale of aviation fuel, oil, services and supplies.
(a) General policy. In accordance with Sections 1107 and 1108 Of the Federal
Aviation Act of 1958 (72 Stat. 798 as amended, 49 U.S.C. 1507, 1508), Navy/ Marine Corps Aviation fuel, oil, services, and supplies are not sold to civil aircraft in competition with private enterprise. Sections 1107 and 1108 of Federal Aviation Act of 1958 (72 Stat. 798 as amended, 49 U.S.C. 1507, 1508), however, does authorize the sales of fuel, oil, equipment, Supplies, mechanical Service, and other assistance by reason of an emergency. Such sales will be made only where there is no commercial source and only in the amount necessary for the aircraft to continue on its course to the nearest airport Operated by private enterprise.
(b) Contract aircraft. The sale of aviation fuel, oil, Supplies, etc. to aircraft under U.S. Government contract or charter is permitted at, and limited to, points where passengers Or Cargo are loaded into Or discharged from the aircraft under terms of the contract or charter. Sales are not authorized at naval aviation facilities where commercial supplies and service are available.
Subpart A–Hunting and Fishing at Morine Corps Bose, Quontico, Virginid
SOURCE: 41 FR 22345, June 3, 1976, unless otherwise noted.
§ 770.1 Purpose.
This subpart provides regulations and related information governing hunting and fishing On the Marine Corps Base Reservation, Quantico, VA.
§ 770.2 Licenses.
(a) Every person who hunts or fishes On Marine Corps Base, Quantico, VA, must possess appropriate valid licenses in compliance with the Laws of the |United States and the State of Virginia. (b) In addition, hunting and fishing privilege cards, issued by the authorities at Marine Corps Base, Quantico, VA, are required for all persons between the ages sixteen and sixty-four, inclusive. (1) The privilege card may be purchased from the Game Warden at the Natural Resources Management DiviSion Headquarters, Building 5–9, Marine Corps Base, Quantico, VA. (2) The privilege cards are effective for the Same period as the Virginia, hunting and fishing licenses. (c) All hunters must obtain a Base hunting permit, and a parking permit, if applicable, from the Game Warden for each day of hunting. The hunting permit must be carried by the hunter and the parking permit must be displayed on the left dashboard of parked vehicles. The hunting and parking permits must be returned within One hour after either sunset or the hour hunting is secured on holidays or during special Sea,SOIl. (d) Eligibility for a Base hunting permit is predicated on: (1) POSSession of required Federal and State licenses for the game to be hunted including Marine Corps Base hunting privilege card; (2) Attendance at a safety lecture given daily except Sunday during the hunting season given at the Game Checking Station located at the interSection of Russell Road and MCB-1.
The lectures commence an hour before Sunrise, 0800, and 1200; (3) Understanding of Federal, State and Base hunting regulations; (4) And, if civilian, an executed release of U.S. Government responsibility in Case of accident, or injury.
[41 FR 22345, June 3, 1976, as amended at 48 F.R. 23205, May 24, 1983]
§ 770.3 Fishing regulations.
(a) All persons possessing the proper State license and Base permit are permitted to fish in the areas designated by the Base Game Warden on Marine Corps Base, Quantico, VA, on any authorized fishing day. A Base Fishing Privilege Card is required for all perSons aged 16 to 65. (b) Fishing is permitted On all waters within the boundaries of Marine Corps Base, Quantico, VA, unless otherwise posted, during the periods provided and under the Conditions and restrictions, by the Marine Corps Base, Quantico, VA, Game Warden. Information regarding specific regulations for each fishing area, must be procured from the Game Warden located in Natural Resources Management Division Headquarters Building 5–9 prior to utilization of Base fishing facilities. (c) In addition to the requirements of the Laws of Virginia, the following additional prohibitions and requirements are in effect at Marine Corps Base, Quantico, VA. (1) Live minnows will not be used as bait in any impounded waters on the Marine Corps Base, Quantico, WA; (2) No trot lines are permitted in Marine Corps Base waters; (3) No Large Mouth Bass will be taken, Creeled or possessed under the Size of twelve (12) inches in length. All Large Mouth Bass under this size will be immediately returned to the water; (4) No Striped Bass will be taken, Creeled or possessed under the size of twenty (20) inches in length. All Striped Bass under this size will be immediately returned to the water; (5) All persons fishing in the waters of Marine Corps Base, Quantico, VA, will possess and utilize a Creel card. The card may be obtained from the report boxes located in the vicinity of all fishing areas. The Creel report must be completed at the conclusion of the day’s fishing and returned to any fishing report box.
[41 FR 22345, June 3, 1976, as amended at 48 FR 23205, May 24, 1983]
§ 770.4 Hunting regulations.
All persons possessing the proper State, Federal and Base licenses and permits are permitted to hunt in the areas designated daily by the Game Warden on Marine Corps Base, Quantico, VA, on any authorized hunting day. In addition, a minimum of ten percent of the daily hunting Spaces will be reserved to civilians on a first Come, first served basis until 0600 on each hunting day, at which time, the Game Warden may fill vacancies from any authorized persons waiting to hunt.
§ 770.5 Safety regulations.
(a) Hunting is not permitted within 200 yards of the following: Ammunition dumps, built-up areas, rifle or pistol ranges, dwelling or other occupied structures, and areas designated by the Game Warden as recreation area.S. (b) From the end of the special archery season until the end of the regular winter hunting season, except for duck hunters in approved blinds, hunters will wear an outer garment with at least one square foot of blaze Orange visible both front and back above the waist and a blaze orange cap while hunting, or while in the woods for any reason, during the hours that hunting is authorized. Any person traveling On foot in or adjacent to an area open for hunting will comply with the above requirement. (c) Weapons will be unloaded while being transported in vehicles, and will be left in vehicles by personnel checking in or out at the Game Warden’s Office. Weapons will not be discharged from vehicles, or within 200 yards of hard Surfaced roads. (d) Certain hunting areas contain numerous unexploded munitions (duds) which are dangerous and must not be removed or disturbed. Hunters should mark such duds with stakes or other means and report their location to the Game Warden. (e) Hunters must stay in their assigned areas when hunting.
§ 770.6 Restrictions.
(a) There will be no hunting on Christmas Day; New Year’s Day, or after 1200 on Thanksgiving Day and Christmas Eve. (b) Hunters under 16 years of age must be accompanied by an adult (18 years of age or older) while hunting Or in a hunting area. The adult is limited to a maximum of two underage hunters, and must stay within sight and voice contact and no more than 100 yards away from the underage hunters. (c) The following practices or actions are expressly forbidden: Use of rifles, except muzzleloaders of .40 caliber or larger as specified below, revolvers or pistols; use of shotguns larger than 10 gauge or crossbows (this prohibition extends to carrying such weapons On the person or in a vehicle while hunting), use of buckshot to hunt any game; use of a light, attached to a vehicle or otherwise, for the purpose of spotting game; use of dogs for hunting or tracking deer; training deer dogs On the Reservation; training or running dogs in hunting areas between 1 March and 1 September; driving deer; baiting or salting traps or blinds; hunting On Sunday; molesting beaver or bald eagles. Those personnel who are authorized to hunt on Base, desiring to train or exercise dogs other than deer dogs between 2 September and 28 February, may do so by obtaining clearance to enter training areas at the Range Control Office. This clearance is not permission to hunt, and carrying weapons under these conditions is prohibited. (d) Hunting will not commence before one half hour before Sunrise, and will end not later than Sunset. The hours of sunrise and Sunset are posted daily at the Game Checking Station. (e) Weapons will not be loaded outSide of hunting hours.
[41 FR 22345, June 3, 1976, as amended at 48 F.R. 23205, May 24, 1983]
§ 770.7 Violations.
Violations of hunting regulations, fishing regulations, Safety regulations, or principles of good sportsmanship are subject to administrative restriction of hunting or fishing privileges and possible judicial proceedings in State or Federal courts.