(d) Personnel, facilities and materiel utilization. The use or appearance of individuals or groups or units of military personnel, performing units and marching units, drill teams, drum and bugle (or drum and fife) corps; single-service or joint-service color details, honor and security cordons, military bands and choral groups or their components; use of Armed Forces facilities, to include aircraft, ships and installations; and the use of Armed Forces materiel and equipment to include exhibits and loanable or donable items for community relations purposes.

(e) Armed Forces exhibits. Any display for public affairs purposes of Armed Forces materiel. Specifically included are items of equipment, models, devices, and information and orientation materiel placed for public information purposes before audiences at conventions, conferences, seminars, demonstrations, exhibits, fairs, or similar events. Also included are general purpose displays in public buildings or public locations. cluded are operable aircraft.

Ex

(f) Public events. Programs held in the civil domain to include all ceremonies, demonstrations, exhibitions, expositions, athletic contests, fairs, trade or air shows, conventions, meetings, symposia or similar programs not connected with the military functioning of the Department of Defense and intended primarily for nonmilitary audiences. Exercises, movements or maneuvers conducted as a part of military training, even though incidentally observed by the general public, are not considered public events.

(g) Fraternal Groups. Societies whose members are banded together for mutual benefit or for work towards a common goal. They include, but are not limited to, such organizations as the Fraternal Order of the Eagles, Benevolent and Protective Order of Elks, Loyal Order of the Moose, Free and Accepted Masons (Scottish Rite, York Rite, and Shrine), Knights of Columbus, Knights Templar, Independent Order of Odd Fellows, and Order of the Eastern Star. Service or luncheon clubs, such as Rotary International, Kiwanis International, Lions International, Optimists, Toastmasters International, or Junior Chambers of Commerce, are not considered fraternal groups.

(h). Official Civil Ceremonies. Those public events sponsored and conducted by Federal, State, county and municipal

governments, to include, in overseas areas, corresponding authorities of the host nation. Official civil ceremonies include inaugurals, dedications of public buildings and projects, ceremonies for officially invited governmental visitors, and the convening of legislative bodies. Community or civic celebrations such as banquets, dinners, receptions, carnivals, festivals, opening of sports seasons, and anniversaries are not considered official civil ceremonies even though sponsored or attended by civic or governmental dignitaries.

(1) Holidays. (1) National holidays are those prescribed by Federal Law, i.e., New Years Day (January 1); Washingtion's Birthday (February 22); Memorial Day (May 30); Independence Day (July 4); Labor Day (1st Monday in September); Veterans Day (November 11); Thanksgiving Day (4th Thursday in November); Christmas Day (December 25).

(2) Armed Forces Day (3d Saturday in May) will be treated as a national holiday for purposes of this part.

(3) State holidays are those officially proclaimed by an individual State as holidays to be observed in that State.

(4) Primary, general, and special election days are not considered holidays.

(5) A corresponding classification of "host nation" holidays may be made in oversea area by Unified and Specified Commanders.

(j) Additional cost to the Government. That cost financed from the operation and maintenance type appropriation available to the Department of Defense component furnishing the Government resources for a public event of mutual benefit to the Department of Defense and the sponsor of the event. Additional costs normally include but are not necessarily limited to the following items: Travel and transportation of military personnel, meals, or lodging or per diem allowances payable under the provisions of the Joint Travel Regulations, and the transporting, handling, and cost of aviation fuel if such fuel is not available at military contract price at the staging base.

(k) DoD share of costs. The Department of Defense share of costs for events of mutual benefit will normally include those continuing-type costs to the Government which would exist if the Department of Defense component did not participate in the event, such as: Regular pay and allowances of the Armed

Forces, small incidental expenses of an installation (e.g. local transportation, telephone calls, etc.), and other minor expenses as may be determined by the Department of Defense component participating in the event. The use of routine training flights or military aircraft for the transport of military personnel, if requested by a Department of Defense component, approved, and determined to be available, is also considered to be a Department of Defense share of costs for an event of mutual benefit. See DoD Directive 5122.8, December 13, 1963, and DoD Instruction 5435.2, December 13, 1963.

(1) Community relations area. That geographical area wherein Department of Defense facilities and/or personnel have a social or economic impact on the populace.

(m) Washington, D.C., area. The District of Columbia, the City of Alexandria, Va., the Counties of Arlington and Fairfax, Va., and the Counties of Montgomery and Prince Georges in Maryland, together with incorporated municipalities lying within these borders. § 237.8

Semiannual DoD community relations report.

Semiannual Department of Defense community relations reports will be submitted in format and substance as follows:

(a) Programs. List in brief narrative form the major community relations programs conducted during the reporting period, with special attention to:

(1) Exceptional accomplishment and results. List major community relations programs that have been particularly successful, giving reasons for success. Inclose pictures, press clippings, if available.

(2) Problem areas. Include problems such as a shortage of personnel, facilities and equipment; base closures or reductions; law enforcement; public housing; racial issues, military noise problems; and public criticism of specific programs, actions or policies.

(3) Solutions. Programs to solve problems listed above, including successes and failures. Enclose pictures, press clippings or other materials as appropriate to illustrate problems or to demonstrate success.

(4) Recommendations for improvements. Include specific recommendations concerning any steps which the Assistant Secretary of Defense (Public

§ 238.4 Policies and procedures.

(a) Policies. (1) Basic policy governing Armed Forces participation in public events supporting community relations programs is stated in Part 237 of this chapter. Special instructions and supplemental policies covering participation in the following events and programs are continued in sections as indicated:

(i) Armed Forces Aircraft and Parachutists Participation (§ 238.6).

(ii) Armed Forces Personnel, Facilities, and Materiel Utilization (§ 238.7).

(iii) Embarkations in U.S. Naval Ships and Orientation Cruises (§ 238.8).

(iv) Speaking Engagements in the Civilian Domain by Department of Defense Personnel (§ 238.9).

(v) Fund-Raising Events (§ 238.10). (vi) Participation in Sports Events by Armed Forces Athletes or Teams (§ 238.11).

(vii) Planning a Community Relations Program (§ 238.12).

(2) Within policy limitations, the agency, command, or office receiving the request and processing the required resources, has the authority to process and provide the support requested. Requests for support exceeding local capability, within the scope of the public affairs responsibilities of a higher headquarters, or requiring an exception to policy, will be referred as appropriate for determination. In all cases, the mutuality of interest between the Department of Defense and the public, operational requirements, availability of requested support, and the policy guidance provided in Part 237 of this chapter will be the determining factors in decisions affecting each request on a case-by-case basis. Events which are inappropriate for one type of participation may be entirely appropriate for another type of participation; sponsoring groups may conduct more than one kind of event, among which there will usually be occasions which are suitable for military participation. A positive approach to these situations in developing public affairs programs is desired.

(b) Procedures. (1) Authority to approve requests for local participation in public events within the scope of this part normally should be delegated to the level where the participation requested can be provided without reference to higher authority. In such cases, requests are evaluated and authorized on the basis of direct and individual contact between a Department of Defense repre

sentative and a civilian sponsor. For those events which occur outside this area of direct knowledge and local capability, or involve a type or level of participation unavailable at the local level, or require the approval of a higher authority, a check list will be devised to The expedite consideration and action. check list will be made available to and completed by the sponsor, assisted by his Defense Department contact if necessary, and forwarded to the agency, command or office from which approval must be obtained. The check list is designed to provide the approving authority with all the information needed to complete action without recourse to lengthy correspondence. In the case of aerial demonstration events, the check list will contain information on insurance policy requirements and the approved Department of Defense endorsement which must be included in the insurance policy verbatim. It should be made clear that the check list is not a directive and only serves to aid civilian sponsors in planning programs of mutual benefit to their communities and the Armed Forces, and expeditiously obtaining support for such programs.

(2) The Assistant Secretary of Defense (Public Affairs) will make a check list available to the Department of Defense components, and to civilian sponsors upon request. The check list will provide sufficient information on which to make a determination and will be used on requests referred to the Office of the Assistant Secretary of Defense (Public Affairs). Department of Defense components are authorized and encouraged to use the check list to standardize and expedite the processing of requests which do not require referral to the Office of the Assistant Secretary of Defense (Public Affairs). This authority may be delegated.

§ 238.5 Responsibilities and authorities. See Part 237 (§ 237.5) of this chapter, and §§ 238.6 through 238.12 for the appropriate event or program.

§ 238.6 Armed Forces aircraft and parachutist participation.

(a) Terms (1) Aircraft and parachutist participation. Any flight, jump, personnel or equipment drop, or ground display of Department of Defense aircraft.

(2) Ground display. A static or stationary display of aircraft or related equipment on the ground.

(3) Flyover. A straight and level flight by an aviation element, normally not more than four aircraft, over a predetermined point on the ground at an announced time.

(4) Aerial demonstrations. Flight demonstrations, jumps, personnel or equipment drops by Armed Forces personnel or aircraft for public affairs purposes.

(i) Flight demonstrations. Include participation by a flight demonstration team such as the U.S. Navy "Blue Angels" or the U.S. Air Force "Thunderbirds," rescue demonstrations by helicopters, aerial refueling demonstrations, maximum performance takeoffs and landings, or similar flight operations. Aircraft depart home station as necessary to arrive prior to the event. They base at a station other than home station for the duration of the event, participate, refuel as necessary, and return to home station.

In

(ii) Parachute demonstrations. clude demonstrations by the U.S. Army Parachute Team, the "Golden Knights” or other Military Department parachute teams or parachute sports clubs.

(b) Participation guidelines—(1) General. (1) Armed Forces aircraft and parachute demonstration teams are limited to two (2) days' performance at events in the civilian domain. Only one demonstration team and one parachute team may be scheduled for the same event.

(ii) Ground displays, flyovers and aerial demonstrations may be held on military installations, including those leased by Reserve Components, except that mass parachute jumps, drops of equipment, assault aircraft demonstrations, or helicopter troop landings under simulated tactical conditions, will be limited to military installations regularly used for such training exercises. An event of this type held on military installations must be sponsored and supported as an "Open House" by the installation commander in accordance with the guidance and direction provided by the Secretary of the Military Department or the Unified and Specified Commander concerned. Indemnity insurance is not required.

(iii) Aircraft and parachute participation in events held within the 50 States of the United States during the period

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of the annual Armed Forces Day observances are governed by the provisions of the Armed Forces Day Manual.

(iv) The approving authority will call upon one of the Military Departments to designate a nonparticipating, qualified pilot as military controller for the event. This controller will coordinate the authorized Department of Defense participation and will be assisted by project officers designated by the other Military Departments when required. The controller will be responsible to insure that all flight and safety regulations of the Military Departments and the Federal Aviation Agency are observed.

(v) Except for flyovers which are exempted below, sponsor will bear the costs per diem for personnel participating and cost of transporting and handling aircraft fuel, if such fuel is not available at military contract price at staging base.

(vi) The standard request for aircraft and parachute team participation will be included in the check list. The standard endorsement for the indemnity insurance policy requirement and other related insurance instructions are also incorporated in the check list.

(2) Ground display. (i) For optimum safety of spectators and equipment, ground displays of operable aircraft are restricted to airfields or heliports; all aircraft must be in place, with power off, prior to the assembly of spectators in the display area and may not be moved or depart until the spectators have departed from the display area.

(ii) Indemnity insurance is not required since no flight or moving demonstrations are permitted.

(iii) A ground display may be authorized for official civil ceremonies and functions of national, State or local holidays or for events which are designed to encourage public comprehension of and appreciation for air power.

(3) Flyovers. No maneuvers or acrobatics will be flown; no indemnity insurance is required and the sponsor has no financial obligation. To minimize interference with operations and training of air units, flyovers will be approved only for the following occasions:

(i) Civic-sponsored public observances and official ceremonies for Armed Forces Day, Memorial Day, Independence Day, and Veteran's Day, and for observances in overseas areas of similar significant holidays.

(ii) Memorial services for dignitaries of the Armed Forces or the Federal Government.

(iii) Celebrations or receptions for dignitaries of foreign governments.

(iv) National conventions of bona fide veteran's organizations.

(v) Occasions primarily designed to encourage the advancement of aviation and which are of more than local interest.

(4) Flight demonstrations. This type demonstration is restricted to airports or open bodies of water. For demonstrations held within the 50 States of the United States, and in overseas areas unless the requirement is waived by the Unified or Specified Commanders concerned, sponsor is required to provide public liability and property damage insurance to safeguard the Government from any claims which might arise as a result of this participation.

(1)

(5) Parachute demonstrations. Parachute demonstration requests for locations other than airports or similar large open areas are discouraged and normally will not be approved for reasons of safety to the public, military participants, and aircraft. Jumping into enclosed areas such as a stadium, ballpark or other location bordered by permanent structures or obstacles, or into sites requiring the aircraft to maneuver over densely populated areas such as a residential or downtown business area is similarly to be avoided.

(ii) For demonstrations held within the 50 States of the United States, sponsor is required to provide public liability and property damage insurance to safeguard the Government from claims which might arise as a result of this participation.

(iii) Mass parachute jumps, drops of equipment, assault aircraft demonstrations, or helicopter troop landings under simulated tactical conditions, except those scheduled as part of regular training programs are not authorized for public events in the civil domain or on military installations not regularly used for such training exercises.

(c) Authorities. (1) Authority to approve exceptions to policy and to approve aerial demonstrations held off military installations is reserved to the Secretary of Defense, or in their areas, to the Commanders of Unified and Specified Commands.

(2) The Secretaries of the Military Departments, or in their areas, the Com

manders of Unified and Specified Commands, are authorized to approve: (1) Ground displays.

(ii) Flyovers and aircraft and parachute events held on military installations regularly scheduled for such training exercises.

(iii) Participation by official parachute teams, parachute sports clubs or qualified individuals in competitive parachute meets sanctioned by the Parachute Club of America provided such competitions are not in conjunction with a public event such as a fair, exposition or similar occasion. An insurance bond is not required for Parachute Club of America competitions which meet the criteria listed above.

§ 238.7

Armed Forces personnel, facilities, and materiel utilization.

(a) Terms. See Part 237 (§ 237.7) of this chapter.

(b) Participation guidelines—(1) General. Those authorized to approve participation, as designated in Part 237 (§ 237.5) of this chapter, will evaluate requests for Armed Forces Personnel participation in accordance with guidelines furnished in Part 237 of this chapter and the following supplementary policy:

(1) Official civil ceremonies and functions attended by senior officials of the Government (Federal, State, county or municipal including, in overseas areas, similar host country governments) in their official capacities and in the performance of their official duties may be considered appropriate. Social, cultural or athletic events, either privately funded or sponsored by Trade Associations, news media associations, social or other organizations, even though attended by Government or military officials, members of the diplomatic corps or their dependents, are not considered official civil ceremonies, unless they are of mutual benefit and appropriate for Department of Defense participation, and provided they are not in contradiction to Part 237 (§ 237.4(c) (1) (1)) of this chapter.

(11) The provision of entertainment is not authorized for luncheons, dinners, receptions, or dances in the civilian domain sponsored and attended primarily by other than military personnel on active duty; sponsor's charter or objectives shall not be cause for an exception. Military musical participation in public events which otherwise meets the criteria outlined herein, will be limited to patriotic programs as opposed to pure enter