formation and decisions can be obtained from COMSC headquarters and MSC area commands are listed below: Mail address: Commander, Military Sealift Command, Department of the Navy, Washington, D.C. 20390 Street address: 4228 Wisconsin Avenue, NW., Washington, D.C. 20016 Telephone numbers: Commander-(202 area code) 282-2800 Deputy Executive Director-282-2805 Legislative and Public Affairs Officer-2822808 Fleet Support Program Coordinator-2822891 Civilian Personnel Officer-282-2871 Assistant Chief of Staff (Administration & Manpower)-282-2616 Assistant Chief of Staff (Operations)-2822900 Contracting Officer-282-2671 Commander, Military Sealift Command, Atlantic, Military Ocean Terminal, Bldg. 42, Bayonne, NJ 07002. Commander--(201 area code) 858-7504; Civilian Personnel Officer-858-6683; Assistant Chief of Staff (Operations & Readiness)-858-7516; Engineering Officer-858-7431; Supply Officer-858-7424; Comptroller-858-7572; Counsel-858-7510; Public Affairs-858 7611. Commander, Military Sealift Command, Pa- Assistant Chief of Staff (Operations)-4666281 Engineering Officer-466-6456 Counsel 466-6481 Public Affairs-466-5864 Commander, Military Sealift Command, Eastern Atlantic and Mediterranean, (Mailing address) FPO New York 09514 (location: not to be included in mailing address) U.S. Army Staging Area, Bldg. 227, Bremerhaven, Germany. Commander-place call with overseas opera tor and ask for Bremerhaven military 8773. Public inquiries may be addressed to the Commander, Military Sealift Command, Eastern Atlantic and Mediterranean, who will direct the inquiry to cognizant members of his staff. Commander, Military Sealift Command, Far East, (Mailing address) FPO San Francisco 98760 (location: not to be included in mailing address) North Pier, Yokohama, Japan. (a) Seller/customer relationships. The Military Sealift Command maintains a seller/customer relationship principally with the Army, Air Force, Navy, and Marine Corps. Shipping services are also rendered to other governmental agencies by special agreement. Charges for services rendered are made on the basis of predetermined billing and per diem rates approved by the Assistant Secretary of Defense (Comptroller). (b) Department headquarters. The following departmental headquarters offices are the points of contact with the Military Sealift Command for the ocean transportation requirements of their respective department. Department of the Army: Headquarters, U.S. Army Material Command Department of the Air Force: U.S. Air Force Logistics Command Department of the Navy: Navy (Cargo), U.S. Naval Supply Systems Command Headquarters; (Personnel) Bureau of Naval Personnel Marine Corps (Cargo) Naval Supply Systems Command Headquarters; (Personnel), Bureau of Naval Personnel. (c) Joint policies. The Assistant Secretary of Defense (Installations and Logistics) [ASD (I&L) ] is responsible for issuing policy direction in connection with the single manager assignment except as otherwise specifically designated in Department of Defense Directive 5160.10. In developing such policies, ASD (I&L) will collaborate with the Assistant Secretary of Defense (Comptroller) to assure maximum utilization of the assignment for budgetary purposes. Similarly he will collaborate with the Assistant Secretary of Defense (System Analysis) to assure maximum application of the assignment for manpower utilization effectiveness purposes. The ASD (I&L) will also collaborate with other elements of the Office of Secretary of Defense, as appropriate. (d) Reporting shipping requirements. Procedures for reporting shipping requirements have been established by the Joint Chiefs of Staff, in coordination with the Military Sealift Command, the Military Traffic Management Command, and the military departments/ services. (e) Coastwise and intercoastal lift capacity. Procedures have been developed by the Military Sealift Command to keep the Military Traffic Management Command and Common User Ocean Terminals informed as to the availability of opportune ocean lift, coastwise and intercoastal lift capacity. (f) Ocean transport coordination. In accordance with the policies of the Department of Defense for implementation of Single Manager Assignments, the Secretary of the Navy provides for direct coordination with theh other military services and the Office of the Secretary of Defense on matters relating to the operation of the ocean transportation service. [39 FR 31899, Sept. 3, 1974, as amended at 41 FR 15411, Apr. 13, 1976] (a) Technical and material matters concerning ships assigned to MSC. The responsibilities of the Commander, Military Sealift Command, and the Commander, Naval Sea Systems Command, for technical and material matters concerning ships assigned to or to be assigned to the Military Sealift Command have been promulgated by the Chief of Naval Operations. (b) Maintenance and repair. MSC ships are maintained, repaired, overhauled, and where necessary, modified under Department of Defense Master Ship Repair Contracts. Awards under these contracts are made by the responsible area commanders. (c) Inspection and certification of ships by U.S. Coast Guard. An agreement exists with the U.S. Coast Guard for the periodic inspection and certification of MSC vessels of commercial types in accordance with the Coast Guard's Merchant Marine Safety Manual. (d) Ship classification. MSC ships of a commercial type are constructed and classified according to the American Bureau of Shipping rules, then surveyed and retained in the assigned class after construction. (e) Design. Conceptual, general, and detailed design work applicable to MSC ships is accomplished by the Military Sealift Command for ship repair, overhaul, modification, or acquisition. (f) Allowances. Lists of equipage and parts required for MSC ship operation and repair are prepared and maintained by the Military Sealift Command to ensure that ships assigned are repaired with minimum delay and are equipped for the mission assigned. § 174.6 Fiscal. (a) The operations of the Military Sealift Command are financed under the Navy Industrial Fund. (DoD Instruction 7410.4 of Sep. 25, 1972.) (b) The Military Sealift Command follows a double-entry commercial-type accounting system, maintained on an accrual basis and observes fiscal procedures in accordance with the directives of the Assistant Secretary of Defense (Comptroller) and the Comptroller of the Navy. (c) Bills are submitted monthly by the Military Sealift Command to each agency for services rendered. Charges are computed on the basis of predetermined billing and per diem rates and other factors calculated to recover the overall cost of operations. (d) To keep the customer services apprised of the results of its operations, the Military Sealift Command prepares and distributes quarterly statistical and financial reports. except for that (a) provided by the Civil Reserve Air Fleet (CRAF), (b) involving the Office of Civil Defense, or (c) for civil works projects performed by the Corps of Engineers. § 177.2 Applicability and scope. The provisions of this part apply to all DoD components and cover peacetime emergency planning as well as transportation operations during periods of national emergency. 8177.3 Concept. The Department of Transportation provides national emergency civil transportation policies, plans, and procedures. The Department of Defense receives emergency guidance on the use of civil transportation from (a) the Secretary of Transportation in time of national control and (b) the Department of Transportation (Office of Emergency Transportation) Regional Offices in case of regional isolation. 177.4 Policy. (a) DoD transportation plans and operations for national emergencies will conform to national policies and guidance. They will be carried out by DOD organizational elements existing at the time of an emergency rather than by a new organizational structure created specifically for that purpose. (b) DoD policy control of transportation and traffic management will remain at the national level (see § 177.5 (a)) unless conditions of isolation require independent regional action. In the latter case regional authorities will assume the responsibility detailed in § 177.5 (b), and will act in conformance with approved plans (see § 177.7) implementing this part. (a) National control. (1) The Assistant Secretary of Defense (Installations and Logistics) will: (1) Establish in coordination with the Assistant Secretary of Defense (Systems Analysis) relative urgencies within the DoD in conformance with national program priorities, coordinating with the Joint Chiefs of Staff (JCS) with respect to military requirements. (ii) Analyze and approve DoD shortterm requirements for civil transportation received from the JCS. He will coordinate with the ASD(SA) on any such requirements which affect DoD strategic mobility requirements and capabilities. (iii) Forward all DoD requirements for civil transportation to and receive capability allocations from the Department of Transportation. (iv) Forward allocations for both short-term and long-term use of civil transportation to the JCS with appropriate comments concerning policy and procurement. A copy of such allocations will be forwarded to the ASD(SA). (2) The Assistant Secretary of Defense (Systems Analysis) will: (i) Analyze and approve DoD longterm requirements for civil transportation and present them to the ASD (I&L) for forwarding to the Department of Transportation. (ii) Work closely with the Department of Transportation, the ASD (I&L), the JCS, and the Military Departments in determining data requirements and developing methods of analysis to accurately determine overall DoD long-term commercial transportation requirements. (3) The Joint Chiefs of Staff will call for and review DoD transportation requirements (as submitted by the DoD components and consolidated and evaluated from the standpoint of traffic management by the Military Traffic Terminal Management and Service (MTMTS) and forward them with appropriate recommendation to the ASD (I&L) or the ASD (SA) as appropriate. Upon receipt of allocations from the ASD (I&L), the JCS will determine the relative urgency of the requirements submitted by the DoD claimants and suballocate among them in accordance with such determinations. (4) The Military Departments and other DoD components will: (i) Develop and submit to MTMTS their requirements for all CONUS movements to be accomplished by civil transportation resources. (ii) Prescribe their priorities of movement within guidance provided by the ASD (I&L) in coordination with the JCS. (5) The Military Traffic Management and Terminal Service will: (i) In accordance with its charter contained in DoD Directive 5160.53 (32 F.R. 6295) manage the movement of persons and things consistent with established national and DoD component movement priorities. (ii) Consolidate, collate, and evaluate submitted requirements from a traffic management standpoint and submit the consolidated transportation requirements with analyses indicating shortages of capability and recommended courses of action to the JCS. After suballocation to the DoD components by the JCS, MTMTS will manage the movement of the traffic in conformance with established movement priorities in coordination with the DoD components. (iii) Administer permits when required for the movement of persons and things, in accordance with national policies and guidance. (b) Regional isolation. In the event of regional isolation during a national emergency: (1) Regional Representatives of DoD components will develop and submit their transportation requirements to the MTMTS area commander, with information as to the relative urgency of movement. (2) The Military Traffic Management and Terminal Service area commanders will: (i) Consolidate, collate, and evaluate submitted requirements from a traffic management standpoint and submit such requirements, with a request for allocation, to the Department of Transportation (OET Regional Office). (11) Manage the movement of persons and things in accordance with established allocations and DoD component movement priorities. The Assistant Secretary of Defense (Installations and Logistics) shall be responsible for: (a) Establishing policies and providing guidance to DoD components concerning (1) the efficient and effective use of DoD and commercial transportation resources, and (2) the establishment and operation of Transportation Single Manager Agencies. (b) Assuring that all DoD components are guided by and pursue policies which are consistent with applicable statutes and relevant decisions and rulings of the courts, the Office of Management and Budget, and transportation regulatory bodies. (a) Control and organization of transportation resources. DoD transportation resources shall be so organized and managed as to assure optimum responsiveness, efficiency, and economy in support of the defense mission. (b) The DoD-owned transportation force. There shall be maintained and operated in peacetime sufficient DoDowned transportation resources to meet approved DoD emergency and wartime requirements, having due regard for available commercial transportation. These transportation resources will be used in peacetime to provide essential training for operational personnel and for logistic needs as appropriate to assure military effectiveness in support of national defense policies. The military capability generated thereby will be utilized in the most efficient and effective manner possible. (c) Selecting the means of transportation—(1) General. The means of transportation selected shall be that which will meet DoD requirements satis factorily at the lowest overall cost from origin to the final known destination (in CONUS or overseas). In determining the lowest overall cost, consideration shall be given to the extent to which expedited movement will contribute to economies through reduction in pipeline or stored supplies, personnel travel time, or other factors such as shipment preparation costs or reduction of loss or damage to cargo. In addition, the benefits of routing cargo to enable (1) consolidation of shipments and (ii) distribution of fixed costs through the use of government controlled resources shall be considered. (2) Foreign flag ships. (1) Foreign flag ships will not be used for DoD traffic except to the extent necessary to meet military requirements when U.S. flagships are (a) not available or (b) available only at prices higher than private persons are charged. (1) No cargoes financed by the Department of Defense will be shipped from the United States on a foreign-flag ship which has called at a (a) Cuban port on or after January 1, 1963, or (b) North Vietnam port on or after January 25, 1966, unless the Secretary of Commerce, after consultation with the Secretary of State, has made a specific exception therefor. (3) Foreign-flag air carriers. Foreignflag air carriers will not be used for DOD traffic (cargo and passenger) except when (1) U.S.-flag air carriers are not available or capable of satisfying the transportation requirement, or (ii) foreign-flag air carriers will accept payment in excess or near-excess U.S.-owned foreign currencies which U.S.-flag carriers will not accept (DOD Instruction 7360.9, "Use of United States-owned Foreign Currencies", July 2, 1971).1 (d) Explosives and other dangerous articles. (1) Shipments of explosives and other dangerous articles shall conform to applicable requirements established by statute or by regulatory bodies having responsibility over such traffic. (2) Shipments will not knowingly be tendered for transportation in a manner, form, or under conditions which will result in a carrier violation of any of the above-mentioned requirements (3) Any proposed DOD requirement governing the movement of explosives or other dangerous articles which is more restrictive than or exceeds such requirements must be submitted to the Assistant Secretary of Defense (Installations and Logistics) for approval. (e) Negotiations for commercial transportation. (1) The appropriate Transportation Single Manager or Military Department (DOD Directives 5160.2 (published at 32 F.R. 6291), 5160.10 (published at 32 F.R. 6300 and 32 F.R. 11387), 5160.53 (published at 32 F.R. 6295)) and DOD Instructions 4500.2, "Land Transportation in Overseas Areas," August 17, 19541 and 4500.17, "Proceedings Before Transportation Regulatory Bodies," January 16, 19691 shall (1) maintain a continuing review of applicable charges to assure that they are fair and reasonable for the DOD traffic to which they apply, and (ii) take appropriate action to obtain proper relief from those which are found to be unfair or unreasonable. (2) In negotiations involving general rate and service matters or competitive procurement the responsible DOD element will assure that all qualified carriers are afforded an opportunity to participate on an equal basis. (3) In negotiating for rates or services, a guarantee of tonnage apart from the contract for specific services shall not be made to individuals carriers or carrier groups or associations. This will not preclude dissemination of information as to potential movements if such informaton does not compromise national security. (f) Non-DOD use of DOD transportation. (1) DOD transportation may be authorized for other than DOD missions when: (i) U.S. commercial carriers cannot meet the official national interest requirements of other U.S. Government agencies, space is available on DOD tranportation resources, and use of such resources will not impair the defense mission. Reimbursement will be at a rate computed to recover all costs except those related to military personnel and capital investments, in accordance with DOD Directive 7410.4, "Regulations Governing Industrial Fund Operations", January 2, 1970.1 (ii) The Head of a Federal executive department or agency certifies that U.S. commercial carriers are not available to meet the national interest requirement of non-U.S. Government traffic or the 1 Filed as part of original. Copies available from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia. PA 19120, Code 300. |