i the commanding officer - microsoft

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Section 1.

I Section 2.

1 Section 3.

Chapter 8

THE COMMANDING OFFICER

Commanding Officers in General

Commanding Offkers Afloat

Special CircumstancesI Subsection A.

Subsection B.I

II

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Ships in Naval Stations and Shipyards

Prospective Commanding Ofilcers

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Chapter 8

THE COMMANDING OFFICERSection 1. Commanding Offkers in General

Contents

Artuk

.@phb,lw . . . . . . . . . . . . . . . . . . . . . . . . . . . 0801Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0802Presenceof Oficer Eligiblew Command 08030rgani2ati0n.fC.mmm.ds . . . . . . . . . . . . . . . . . . 0804EffectiveOrganizedForceAlwaysResent . 0805RelationshipWi& ExecutiveORtcer 0806ReiievinEPmcedures . . . . . . . . . . . . . . . . . . . . . 0807Inspections,Musterand

Sighaing.f Perm”nel . . . . . . . . . . . . . . . . . . . . . 0808PersonsFoundUnderI.crirnimting

Circumstance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 0809RulesfmVisiB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0810Dealers,Tmdesme” andAgents . 0811PmaaJMmLcrs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 081?8afegunrdingORicid Fuds . 0813DeticitorExcessof P.blic Property . . . . . . . . . . . . . 0814Dmt.hs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0815TheAmericanNati..al RedCress . . . 0816Observanceof Sunday . . . . . . . . . . . . . . . . . . . . . . . 0811Publishingand PostingOrdersand

%ulati.., . . . . . . . . . . . . . . . . . . . . . . . . 08!8&cords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0S19welf*re llfPersonnel . . . . . . . . . . . . . . . . . . . . . . . 0820

0801. Applicability.

In addition to commanding officers, theprovisions of this chapter shall apply, wherepertinent, to aircraft commanders, officers incharge (including warrant officers and pettyofficers when so detailed) and those personsstanding the command duty.

0802. Responsibility.

1. The responsibility of the commanding officerfor his or her command is absoluts, except when,and to the extent to which, he or she has beenrelieved therefrom by competent authority, or asprovided otherwise in these regulations. Theauthority of the commanding officer iscommensurate with his or her responsibility.While the commanding oflicer may, at his or herdiscretion, and when not contrary to law orregulations, delegate authority ta subordinatesfor the execution of details, such delegation or

Traininga”d Sducatim . . . . . . . . . . . . . . . . . . . . . . . . . .Ddivery OfPenO..e\m C,vil

Authoritiesand SemiteofSubwen.morOtherPmce.w . .

DetiveryOfOrdemmPerwnnel . . . . . . . . . . . . . . . . . . .UseandTransportationof Marijuana.

NwcLUics.ndDnJgs . . . . . . . . . . . . . . . . . . . . . . . . . . .SafetyPrecautions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PhysicalSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .EITwtivenessfc.rService . . . . . . . . . . . . . . . . . . . . . . . . . .Searchby F.reignAut.hmities . . . . . . . . . . . . . . . . . . . .Pris.memorwar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CapturedMauri.sl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .casualtymldDP.mage . . . . . . . . . . . . . . . . . . . . . . . . . . . .EnvimnmenwJPdlm.i.an. . . . . . . . . . . . . . . . . . . . . . . . .issue.afPemomslNeeesuaries. . . . . . . . . . . . . . . . . . . . .Camof.$hips,Aircraft,Vehiclesand

TheirEquipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Work.Facilities,SuppliesorServicesfor

ohm G3vemment Depannle”u+,Slati 0,bra] Gvvermnems,ForeignGJvernmmm,PrivatePartiesand Mmele.Welfarea“dRecreatiord Activities . . . . . . . . . . . . . . . . . . . . . . . .

AA+

0821

08220823

0824082s082608n0828082908300s2108320833

0834

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authority shall in no way relieve thecommanding oflicer of continued responsibilityfor the safety, well-being and efficiency of theentire command.

2. A commanding officer who departs fromorders or instructions, or kakes ofiicial actionwhich is not in accordance with such orders orinstructions, does so upon his or her ownresponsibility and shall report immediately thecircumstances tDthe officer from whom the priororders or instructions were received. Ofparticular importance is the commandingofficer’s duty to take all necessary and

appropriate action in self-defense of thecommand.

3. The commanding o~lcer shall be responsiblefor economy within his or her command. To thisend the mmmanding oflicer shall require fromhis or her subordinates a rigid compliamm withthe regulations governing the receipt,

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accounting and expenditure of public money andmaterials, snd the implementation of improvedmanagement techniques and procedures.

4. The commanding o[ficer and his or hersubordinates shall exercise leadership throughpersonal example, moral responsibility andjudicious attention to the welfare or personsunder their control or supervision. Suchleadership shall be exercised in order to achievea positive, dominant influence on the per-formance of persons in the Department of theNavy.

0803. Presence of Officer Eligible toCommand.

1. Except as otherwise provided herein orotherwise authorized by the Chief of NavalOperations or the Commandant of the MarineCorps, as appropriate, at least one officer,whether in command or eligible to succeed tocommand, shall be present and ready for duty ateach commsnd (activity, unit or office). In theabsence of the commanding officer or theexecutive officer, or both, their duties shalldevolve upon the officer next in rank andeligible LOsucceed to command who is attachedto and present in the command. An officerdetailed for a day’s duty for the purpose ofassuming the commanding ofRcer’s duties in theabsence of the commanding officer shall beknown as the Command Duty Ofticer. Uponrequest of the officer senior in rank, eligible tasucceed LOcommand, who is attached to andpresent in the command, the Command DutyOfllcer shall defer ta that officer. An officer whosucceeds to command or is detailed Lo assumethe commanding officer’s duties during thet.emparary absence af the commanding ofticershall make no changes in tbe existingorganization and shall endeavor to have }heroutine and other affairs of the command carriedon in the usual manner.

2. A superior, of flag or general grade, shalldetermine the presence of the officer incommand or ofllcer or offlcera eligible la succeedto command and ready for duty at eachcommand or unit of the operating forces of theNavy and the operating forces of the MarineCorps. The commanding officer may, undercriteria or conditions prescribed by a superior offlag or general grade, assign ofiicers not eligibletn succeed ta command and qualified enlisted

personnel to serve as the Command DutyOfficer.

3. Superiors shall determine the need andgovern the presence of the officer in command oran ofticer or officers eligible Lo succeed tocommand and ready for duty at commands,offices, or activities not of the operating forces ofthe Navy and not of the operating forces of theMarine Corps. Under conditions prescribed by asuperior, offkma not eligible m command andqualitled enlisted personnel may be assigned aday’s command duty.

080.4. Organization of Commands.

All commands and other activities of LheDepartment of the Navy shall be organized andadministered in accordance with law, UnitedStates Navy Regulations, and the orders ofcompetent authority. All orders andinstructions of the commanding ot%cer shall bein accordance therewith.

0S05. Effective Organized Force AlwaysPreseni

Urider no circumstances shall any ship or stationbe left without an organized force that will beeffective in any emergency, and, consistent withexisting requirements, capable of ensuringsatisfactory operation.

0806. Relationship With Executive Officer.

The commanding ofticer shall keep the executiveofficer informed of the commanding officer’spolicies, and normally shall issue all ordersrelative to the duties of the command throughLhe executive officer. Normally, thecommanding officer shall require that allcommunications of an official nature fromsubordinates to the commanding officer betransmitted through the executive officer.Convening authorities, however, shallcommunicate directly with their staff judgeadvocates or legal oflicers in matters relating Lathe administration of military justice.

0807. Retieving Procedures.

1, A commanding off]cer about to be relieved ofcommand will

a. Inspect the command in company with therelieving 00icer.

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1.b. In the case of a ship, and within other

commands where appropriate, cause the crew tobe exercised in the presence of both thecommanding ofticer and tbe relieving officer atgeneral quarters and general drills, unlessconditions render it impracticable orinadvisable.

c. Point out any defects or peculiarities ofthe command, noting particularly deficiencies insafety, operational readiness, training,habitability or material conditions, and accountfor them to the relieving aftlcer.

d. Deliver to his or her relief all unexecutedorders, al I regulations and orders in force and allofficial correspondence and informationconcerning the command and the personnelthereof as may be of service to the relievingoff]cer, The commanding officer will not removethe original records of official correspondence,original Iettsrs, documents or papere concerningthe command and personnel thereof, but mayretiin authenticated capies thersof.

e. Deliver to his or her relief all documentsrequired by these regulations la be either kept orsupervised by the commanding officer. If a Navypast office is established within the command,the commanding officer will deliver trrhis or herrelief a current audit of postal accounts andeffects,

‘f. Deliver all magazine and other keys i“ hisor her custady to the relieving oflicer,

g. Cause all Communications Securilymaterial charged to the command to beinventoried in accordance with the provisions ofthe Communications Security Material SystemManual.

h. Submit repark+ of fitaess of officers andsign all log baoks, journals and other documentsrequiring his or her signature up to the date ofhis or her relief.

i. At the time of turning over command, thecommanding offker to be relieved will csll a 11hands ta muster, read the orders of detachmentand turn over the command to his or her relief,who will read the orders of relief and assumecommand. At shore activities, this proceduremay bs modifkd as appropriate.

2. The officer relieved, although withoutauthority after turning over the command, is,until ~lnal departure, entitled to all the

ceremonies and distinctions accorded a ““commanding officer.

3. The ofiicer being relieved will prepare areport of transfer of command listing anyunsatisfactory conditions within the commandhaving the patential to affect adversely safety,well-being, readiness, fiscal integrity orcommand performance, and specifying aproposed plan to correct them. The officersucceeding h command will endorse this repmtff the officer assuming command does not concurin the repart, that officer will specify whereinthe report is inaccurate or inmmplete and willprovide the officer being relieved the

Op@rtunity ~ make explanation. The officerassuming command will repart the actualtransfer of command as part of his or herendorsement. For a commsnd of the opsr-stingforces of the Navy, a report of a normal, routinetransfer of command will he addressed to theimmsdiats supsrior in command, with copies @the chain of command. A report that identiIlesunsatisfactory conditions within the command,or cantains adverse comments with respect mthe command’s state of readiness, wi II beforwarded via the chain of command, with a copydirect to the Commander in chief of the fleetcancernsd. For a command not of the opsratingforces of the Navy, the report shall be addresssdto the immediate superior of the officersucceeding ta command, with capies direct to the

appropriate offices which may have a directinterest. A copy will be retained by each of theofficers between whorn Lhe transfer of commandtakes place.

4. When an ofi%er detailed as commandingofficer reports ta a command having no regularlydetailed commanding offxcer, the procedurepreaa-@ad in the preceding paragraphs of thisarticle will be followed, insofar as is consistentwith the circumstances.

0i30t?. Inspections, Muster a“d Sighting ofPersonnel.

1, The commanding officer shall hold periodicinspections of the material condition of thecommand, not on weekends or holidays, todetermine deficiencies and cleanliness. Whenthe size of the command precludes completion ofthe inspection in a reasonable time, the

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commanding oficer shall designate zones LObeinspected by heads of departments or otherresponsible off?mers, snd shall personally inspectat least one zone, alLernaLing zones in order thatthe commanding officer inspects the entirecommand at minimum inLervak.

2. ‘The commanding ofl_Icer shall ensure that,consistent with heir employment, Lhe personnelof the command present at all Limes a neat, cleanand military appearance. To assist in attsiningthis standard of appearance, the commandingofficer shall, in the absence of operationalexigency, hold periodic personnel inspections.Saturday inspections may be held at sea and, inport and ashore, with personnel in duty status asparticipants. Otherwise, inspections shall not beheld on weekenda or holidays.

3. The commanding officer shall require a dailyrepart of all persons confined, a statement oftheir offenses, find the daLes of their confinementand release.

4. The presence of al I persons attached to thecommand shall be accounted for daily. Personswho have not been sighted by a responsiblesenior shall be reported absent.

5, The prohibitions concerning weekend orholiday inspections do nol apply to commandsengaged in training reservists, and to othercommands with the consentaf a superior.

0809. Persons Found Under IncriminatingCircumstances.

1, The commanding officer shall keep underrestraint or suneillance, as necessary, anyperson noL in the armed services of the UnitedStates who is found under incriminating orirregular circumstarices within the command,and shall immediately iniLiaLe an investigation.

2. Should an tirestigation indicaLe that suchperson is not a fugitive from justice, or has notcommitted or attempted tn commit an offense,the person shall be released aL the earliestopportunity, except

a. If the person is not a citizen of Lhe UnitedStstes, and the place of release is under thejurisdiction of the United States, the nearestFederal immigration authorities shall benotiLied as to the time and place of release

sufficiently in advance to permit them 10 takesuch steps as they deem appropriate.

b, Such persons shall noL be released interritory noL under the jurisdiction of tha UnitedSmles withoul first obtaining the consent of theproper foreign auLhoriLies, except where Lheinvestigation shows that the person entered Lhecommand from territory of the foreign state, orthat the person is a citizen or subject of thatstate.

3. lf the invesLigaLion indicates thaL such personhas committed or aLtempLed to commit anoffense punishable under the authority of thecommanding ofiicer, Lhe latter shall take suchaction as he or she deems necessary.

4, If Lhe investigation indicatss LhaLsuch personis a fugitive from justice, & has committed orattempted ta commit an offense which requiresactions beyond Lhe authority of the commandingoficer, the latter shall, at the first opportunity,deliver such person, together with a sLatemenLofthe circumstances, LO the proper civilauthorities.

5. In all cases under paragraph ‘t of Lhls artic}e,a repart shall be made promptly to the Chief ofNaval Operations or the Commandant of thehlarine Corps, as appropriate.

0810. Rules for Visits.

1. Commanding offkers are responsible for thecontrol of visitors w their commands and shallcomply with the relevant provisions of Depart-ment of the Navy directives concerningclassified information and physical securiLy.

2. Commanding officers shall take suchmeasures and impose such restrictions onvisitors as are necessary to safeguard theclassified material under their jurisdiction,Arrangements for general visiting shall alwaysbe made with due regard for physical securityand based on the assumption that forei~ agentswill be among the visitors.

3. Commanding off]cers and others officiallyconcerned shall exercise reasonable care tosafeguard the persons and property of visitors tanaval activities as well as taking thosenecessary precautions LOsafeguard the personsand property within the command.

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0811. Dealers. Tradesmen and Agents.

1. In general, dealers or tradesmen or theiragents shall not be admitted within a command,except as authorized by the commanding otXcex

a. to conduct public business; ,

b. to transact private business withindividuals at the request of the latteq or

c. to furnish services and supplies which arenecessary and are not otherwise, or areinsuf?’iciently, available h the personnel of thecommand.

2. Personal commercial solicitation and theconduct of commercial transactions are governedby policies of the Department of Defense.

0S12. Postal Mattsrs.

Commanding ofiicers shall ensure that mail andpostal funds are administered in accordancewith instructions issued by the PostmasterGeneral and approved for the naval service bythe Chief of h’aval Operations, and instructionsissued by the Chief of Naval Operations, theChief of Naval Personnel or the Commandant ofthe Marine Corps, as appropriate; and thatpostal clerks or other persons authorized tohandle mail perform their duties strictly inaccordance with those instructions.

0813. Safeguarding Official Funds.

[n the event of the death, unauthorized absence,or mental incapacity, as determined by thecommanding officer on advice of a medicalofficer, of a person charged with pecuniaryresponsibility for ofilcial funds or Governmentproperty, or if it is necessary to relieve suchperson for any cause, including arrest orsuspension, the commanding officer shall takeimmediate steps to safeguard such funds orproperty in accordance with the proceduresprescribed by the Comptroller of the Navy andother compstent authority,

0814. Deficit or Excess of Pu btic Property.

1. Whenever it appsars that a deficit or excessexists in public money or property in the custodyof a person under his or her command, thecommanding officer, unless excused underregulations of the Comptroller of the Navy, theJudge Advocate General, the Commander,Naval Supply Systems Command, or the

Commandant of the Marine Corps, as :appropriate shall immediate}:

a. cause an appropriate preliminary inqui~to be made to determine whether criminalinvestigation is warranted, and if so, request

appropriate investigative support from theNaval Investigative Service, other militaryorganizations, or other Federal agencies;

b. notify the Navy Accounting and FinanceCenter, the Chief of Naval Operations.Commander, Naval Supply Systems Commandand the Commandant of the Marine Corps, as

aPPWria@, and appropriate sqsriom, -d

c. recommend or convene an administrativefact-finding body under the provisions of theManual of the Judge Advocats General and, incase of loss or excess of proWrty, a Board ofSurvey under the regulations of theCommander, Naval Supply S}~ms Command.

0815. Deaths.

The commanding officer, in the event of thedeath of any person within his or her command,shall ensure that the cause of death and thecircumstances under which death OCcun.ed areestablished, and that the provisions of thehfanual of the Judge Advorxte General areadhered to in documenting the cause andcircumstances of the death and in submittingthe appropriate casualty repro-?.

0816. The American National Red Cross

1. Pursuant to the rsqusst of the .%crstary ofthe Navy, and subject to such instructions as theSecretary may issue, the $ merican NationalRed Cross is authorized t.a conduct a program ofwelfare. including social. financial, medkd anddental aid, for naval personnel: to assist inmatters pertaining to prisoners of wac and toprovide such other services as are appropriatefunctions for the Red Cross. The AmericazNational Red Cross is the only .olunteer societyauthorized by the Covernmeni w render medicaland dental aid I-Othe armed fomss of the L~nitedS.atss. Other organizations d&ring to rendermedical and dental aid may da w only throughthe Red Cross.

2. Requests for Red Cross serricss shall & madeto the Chief of h’aval Personnel or the

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I THE COMMANDING OFFICER

Commandant of the Marine Corps or, in Lhe caseof medical ssrvices, to Lhe Commander, Navalhledical Command.

3. Activities and personnel of the AmericanNational Rsd Cross in areas subject to navaljurisdiction shall conform b such administrativer&ulations as may be prescribed by appropriatenaval authority.

4. Red Cross personnel shall be considered tohave the status of commissioned officers., subjectto such restrictions as may be impwsd by theChief of Naval Personnel or the Commandant ofthe Marine Corps.

0817. Observance of Sunday.

1. Except by reason of necessity or in theinlerest of the welfare and morale of thecommand, the performance of work shall noL herequired on Sunday, Except by reason ofnecessity, ships shal I noL be sailed nor units ofaircraft or t-maps be deployed on Sunday. Theprovisions of this paragraph need noL apply h?commands engaged in training reservecomponents of the ,Navy and hiarine Corps.

2. Divine services shall be conducted on Sundayif possible. All assistance and encouragementshall be given to chaplains in the conduct ofthese services, and music shall he madeavailable, if practicable. Chaplains shall bepermitted to conduct public worship acccmchng tothe manner and forms of the church of whichthey are members. A suitable space shall bedesignated and properly rigged for Lbe occasion,and quieL shall be maintained throughout thevicinity during divine services. The religiouspreferences and the varying religious needs ofindividuals shall be recognized, respected,encouraged and ministered to as practicable.Daily rouLine in ships and activities shall bemodifkd on Sunday, as practicable, w achievethis end.

3. When there is no chaplain attached to thecommand, Lhe commanding officer shall engagethe services of any naval or military chaplainwho may bs available, or, failing in this, shall,when practicable, invite and may remunerate acivilian clergyman ta conducL religious services.Services led by laypersons are encouraged.Provision shall be made for sending and

receiving church parLies as appropriate andpracticable.

0818. Publishing and Posting Orders andRegulations.

1. [n accordance with Article 137 of Lhe UniformCode of Military Justice, the arLic]es specificallyenumerated therein shall be carefully explainedto each enlistsd person:

a. at the Lime or entrance on active duty orwithin six days Lhereafte~

b. again, after completion of six monthsactive duty; and

c. again, upon the occasion of eachreenlistment.

2. A text of the articles specifically enumeratedin Article 137 of the Uniform Code of .MilitaryJustice shall be posted in a conspicuous place orplaces, readily accessible ti all personnel of thecommand.

3. Instruction concerning the Uniform Code ofMilitary Justice and appropriate articles ofNavy Regulations shall be included in Lhetraining and educational program of thecommand.

4. Such general orders, orders from higherauthority and oLher matLers which thecommanding officer considem of interest h Lhepersonnel or proti-ble for them b know shall bepublished Lo the command as soon aspracticable. Such maLters shall also be posted,in whole or in part, in a conspicuous place orplaces readily accessible to personnel of thecommand.

5. Upon the request of any person on active dutyin the armed services, the following publicationsshall be made available for tha L person’spsrsonal examination:

a. a complets taxt of Lhe Llniform Code ofMilitary Justicw

b. Manual for Courts-h! artial;

c. Navy Regulations;

d. Manual of the Judge AdvocaLe General:

e. hlarine Corps hlanual (for Marine Corpspersm-inel); and

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f. hlilitary Personnel Manual (for Navypersonnel) or Marine Corps Personnel Manual(for Marine Corps personnel).

0819. Records.

The commanding officer shall require thatrecords relative to personnel, material andoperations, as required by current instructions,are maintained properly by those responsibletherefor.

0820. Welfare of Personnel.

The commanding otXcer shall:

a. use all proper means to foster highmorale, and to develop and strengthen the moraland spiritual well-being of the personnel underhis or her command, and ensure that chaplainsare provided the necessary logistic support forcarrying out the command% religious programsto provide maximum opportunity for the freeexercise of religion by members of the navalservice;

b. maintain a satisfactory state of healthand physical fitness of the personnel under his orher command;

c. afford an opportunity, with reasonablerestrictions as to time and place, for Lhepersonnel under his or her command to makerequests, reports or sLatemen Ls to thecommanding officer, and shall ensure that theyunderstand the procedures for making suchrequests, reports or statements;

d. ensure that noteworthy performances ofduty of personnel under his or her commandreceive timely and appropriate recognition andthat suitable notations are entered in the officialrecords of the individuals, and

e. ensure that timely advancement in raLingor en] is ted persons is effected in accordance withexisting instructions.

0821. Training and Education.

The commanding oflicer shall:

a. endeavor to increase Lhe specialized andgeneral professional knowledge of the personnelunder his or her command by the frequentconduct of drills, classes and instructiorr, and bythe utilization of appropriate fleet and serviceschools,

b. encourage and provide assistance and “facilities to the personnel under his or hercommand who seek to further their education inprofessional or other subjects;

c. afford frequent opportunities to theexecutive oflicer, and Laother oflicers of the shipas practicable, to improve their skill in shiphandling,

d. require those lieutenants Qunior grade)and first lieutenants who have less than twoyears commissioned or warrant service, and allensigns and second lieutenants:

(1) to comply with the provisionsprescribed for their instruction by the Chief ofNaval Operations, the Commandant of theMarine Corps, or other appropriate authorities;and

(2) to receive appropriate practicalinstruction, as the commanding oflicer deemsadvisable, and to be detailed ta as many dutiessuccessively as maybe practicable.

e. when practicable, designate a seniorofficer or ofllcers to act as advisors to juniorofficers. These senior officers shall assist juniorofficers to a proper understanding of theirresponsibilities and duties, and shall endeavorto cultivate in them officer-like qualities, a senseof loyalty and honor, and an appreciation ofnaval customs and professional ethics.

0822. Delivery of Personnel to CivilAuthorities and Service of Sub-poenas or Other Process.

1. Commanding officers or other persons inauthority shall not deliver any person in thenaval service to civil authorities except asprovided by the .Manual of’ the Judge AdvocatsGeneral.

2. Commanding officers are authorized topermit the service of subpoenas or other processas provided by the Manual of the JudgeAdvocate General.

0S23. Defivery of Orders to Personnel.

The commanding officer shall not withhold anyorders or other communications received fromhigher authority for any person under his or hercommand, except for goad and suffkient reasons,which he or she shall at once report to suchhigher authority. Communications of a personal

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rtature may be withheld by a commandingofiicer for good reason until completion OCmission or duty.

0624 Use srtd Trsnspos-tation ofMarijuana, Nst-cotics and Drugs.

I.” The commanding officer shall conduct arigorous program to prevent the illegalintroduction, transfer, possession or use ofmarijuana, narcotics or other controlledsuhstices as dsfmed in these regtdations. Theprogram shall include publicity and instructioncovering

a. The dangers involved in drug abuse.

b. The Federal, state and local criminalliabilities which may result from introduction,possession, transfer or use, including penaltiesunder the Uniform Code of Military Justice andother provisions of law ta which individuals maybe subjected.

c. The sd-trative measures, includingdischarge under other than honorableconditions, wh]r.b may result.

2. The commanding ofllcer shall exercise utmostdiligence in preventing illegal importation ofmarijuana, narcotics or other controlledsubstances on board the command.

0825. Safety Precautions.

The commanding officer shall require thatpsrsons concerned are instructed and drilled inall applicable ssfety precautions and procedures,that these are complied with, and that

applicable safety precautions, or extractstherefrom, are posted in appropriate places. Inany instance where safety precautions have notbeen issued, or sre incomplete, the commandingoftlcer shall issue or augment such safetyprecautions as are deemed necessary, notifying,when appropriate, higher authorities concerned.

0826. Physicrd Security.

I. The commanding officer shall takeappropriate action to safeguard personnel, toprevent unauthorized access to installations,equipment, material and documents, and tosafeguard them against acts of espionage,sabotage, damage, theft and terrorism.

2. The commanding officer shall takeappropriate action to protsct and maintain the

security of the command against dangers fromtire, windstorms, or other ac~ of nature.

0S27. Effectiveness for Service.

The commanding officer shai):

a. exert every effort to maintain thecommand in a state of maximum effectivenessfor war or other service consistent with thedegree of readiness as may be prescribed byproper authority. Effectiveness for service isdirectly related to the state of personnel andmaterial readiness; and

b. make him or herse}f aware of the progressof any repairs, the status of spares, repair partsand other components, personnel readiness andother factors or conditions that could lessen theeffectiveness of his or her command. When theeffectiveness is lessened appreciably, that factshall be reportad LOappropriate superiors.

0826. Search by Foreign Atttborities.

1. The commanding officer shall not permit aship under his or her command to be searched onany pretense whatsoever by any personrepresenting a foreign state, nor permit any ofthe personnel within the co filnes of his or hercommand t.a be removed from the command byany such person, so long as he or she has thecapacity to repal such act. If force should beexerted LOcompsl submission, the commandingofllcer is to resist that force LOthe utmost of hlsor her power.

2. Except as may be provided by internationalagreement, the comrnandktg officer of a shoreactivity shall not permit his or her command tobe searched by any person representing a foreignstate, nor permit any of the personnel within thecontltes of his or her command tn be removedfrom the command by such person, so long as heor she has the pawer to resist.

0829. Prisoners of War.

On taking or receiving prisoners of war, thecommanding officer shall ensure that suchprisoners are treated with humanity; that theirpersonal property is preserved and protected;that they are allowed the use of such of theireffects as may be necessary for their health; thatthey are supplied with proper rations; that theyare properly guarded and deprived of all meansof escape and revolt; and that the applicable

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provisions of Lhe 1949 Geneva Conventionsre/aLive to the trwatment of prisoners of war arefollowed,

0S30. Captured Material.

1. On taking possession of any enemy ship,aircraft, installation or oiher property orequipment, the commanding oflicer shall:

a. adopt all possible measures to preventrecapture;

b. secure or remove enemy persannel;

c. secure and preserve the logs, journals,signal baaks, codes and ciphers, charts, maps,orders, instructions, blueprints, plans, diaries,letters and other documents found, and forwardor deliver them at the earliest possible momentm the designated authority; and

d. preserve all captured enemy ordnance,machinery, fire-control equipment, e Iectronicequipment, aviation equipment and atherproperty of passible intelligence value, unlessdestruction is necessary ta prevent recapture,and make this material promptly awailable forintelligence evaluation or other authorized use.

2. No captured enemy property, of whateverdescription, may be kept as a souvenir or forpersonal use except as specifically provided bythe Secrebry of the Navy.

0S31. Casualty and Damage.

Immediately after its occurrence, thecommanding officer shall submit a detailedreport of the facts w the senior officer present,the Chief of INaval Operations, or theCommandant of the Marine Corps, asappropriate, and other superiors when:

a. a ship under his or her command touchesthe ground (except far landing ships or ships of asimilar design making a landing withoutdamage, or for a submarine resting on bottom aspart of normal operations);

h. a ship under his or her command has acollision or other serious accident;

c. an aircraft under his or her command isinvolved in an accident which necessitates

extensive repairs, or otherwise requires reviewor action by higher authoriLy; or

d. a shore activity under his or her commandincurs a serious fire or other material casualLy,or a serious personnel casualty occurs within thecommand.

0S32. Environmental Pollution.

The commanding officer shall cooperate withFederal, State and local governmentalauthoritie~ in the prevention, control andabatement of environmental pollution. If therequirements of any environmental law orregulation cannot be achieved because ofoperational considerations, insufficientresources or other reason, the commandingofllcer shall report ta the immediate superior inthe chain of command. The commanding oflicershould be aware of existing policies regardingpollution control, and should recommendremedial measures when appropriate.

0S33. Issue of Personal Necessaries.

1. The commanding officer is authorized todirect, in writing, the issue of clothing and smallstores to enlisted persons in a nonpay status,including Lhose in debt Lo the Government, insuch amount as he or she deems necessary fortheir health and comfort.

2. The commanding officer is likewiseauthorized to direct, in writing, the issue WIsuchenlisted persons of certain other necessaries,including toilet articles, in the manner andamount prescribed by tbe Commander, NavalSupply Systems Command, or the Commandantof the Marine Corps.

0S34. Care of Ships, Aircraft, Vehicles andTheir Equipment.

The commanding officer shall cause suchinspections and tests to be made and procedurescarried out as are prescribed by competentauthority, together with such others as he or shedeems necessary, to ensure the properpreservation, repair, maintenance and operationof any ship, aircraft, vehicle, and theirequipment assigned to hts ar her command.


0835. Work, Facilities, Supplies or Servicesfor Other Government Departments,State or Local Governments, ForeignGovern ments, Privats Parties andM ortde, Welfare and RecreationalActivities.

1. Work may be done [or or on facilities, andsupplies or services furnished to departmentsand agencies of the Federal and StategOvernmenLs, local governments, foreigngovernments, private parties, and morale,welfare and recreational activities with the

aPProval of a commanding oflicer provided:

a, The cost does not excead limitations theSecretary of the Navy may approve or spacify;and

b. In the case of privata parties, it is in theinterest of the government w do so and there isno issue of competition with private industry;and

c. In the case of foreign governments, adisqualification of a government has not beenissued for the benefits of L& article.

2. Work shall not be started nor facilities,supplies, or services furnishsd morale, welfare,and recreational activities not class itled asinstrumentalities of the United States, or stateor local governments or private parties, untilfunds to cover the estimatsd cost have beendeposited with the commanding oillcer or unlessotherwise provided by law.

3. ‘Work shall noL be started, nor facilities,supplies, or services furnished other FederalGovernment departments and agencies, orexpenses charged @ non-appropriated funds ofmorale, welfare and recreational activitiesclassified as instrumentalities of the UnitedStates, until reimbursable funding arrange-ments have been made.

4. Work, facilities, supplies, or servicesfurnished non-appropriated fund activitiesclassified as instrumentalities of the UnitedStates in the Navy Comptroller Manual shall be

funded in accordance with regulations of theComptroller of the Navy.

5. Supplies or services may be furnished tonaval vessels and military aircraft of friendlyforeign governments (unless otherwise providedby law or international treaty or agreement):

a. On a reimbursable basis without anadvancement of funds, when in the best interestof the United States

(1) Routine port services (includingpilotage, tugs, garbage removal, Iinehandlingand utilities) in territorial waters or watersunder Unitad States control.

(2) Routine airport services (including airtratlic control, parking, servicing and use ofrun ways).

(3) Miscellaneous supplies (including fuel,provisions, spare parts, and general stores) butnot ammunition. Supplies are subject to

aPPrOVSl of the cognizant fleet or forcecommanders when provided overseas.

(4) With approval of the Chief of Na\,alOperations in each instance, overhauls, repairs,and alterations together with necessaryequipment and its insta]la LiOn required inconnation therewith, to vessels and militaryaircraft.

b. Routine port and airport services maybefurnishad at no cost to the foreign governmentconcerned where such services are provided bypersons of the naval service without direct costto the Department of the Navy.

6. In caass of emergency involving possible lossof life or valuable property, work may be startedor facilities fumishad prior to authorization, orprovision for payment, but in all such cases adetailed report of the facts and circumstancesshall be made promptly to the Secretary of theNavy or tn the appropriate authority.

7. Charges and accounting for any work,supplies or services shall be as prescribed in theNavy Comptroller Manual.

56

Chapter 8

THE COMMANDING OFFICERSection 2. Commanding Offkers Afloat

Contents

AAd.

UnauthorizedPersonso. Eosrd . . . . . . . . . . . . . . 0S40C.nI.rolofPa=ngers . . . . . . . . . . . . . . . . . . . 0841AuaharityOver P-engers . . . . . . . . . . . . . . . 0842S.elationsWiti Organizationsand

Miiit.sryPersammlflmba~kedfor passage 0843Marr&eso. Board . . . . . . . . . . . . . . . . . . . . . . 0S44.Mai.t.enaneeof La~s . . . . . . . . . . . . . . . . . . . . . . . 08d5Statllsofhgs . . . . . . . . . . . . . . . . . . . . . . . . . . 0846Sqwuibility ofa Mnsierof m

I.-Service Shipofthe MilitarySaIitl(kmmnd . . . . . . . . . . . . . . . . . . . . . . . . 0847

Sel.tiom WithMerchant%e.me. . . . . . . . . . . . . 0848Securityof bfagszinesandof

DangerousMatarids . . . . . . . . . . . . . . . . . . . . . . . 0849Requestfo: L-utim by BcImdof

lnspecumand Survey . . . . . . . . . . . . . . . . . . . . 0050

Ariicti

ActionWiththeEnemy . . . . . . . . . . 0s51l&sol’a Ship . 0s5’2Gmtimmtimof Authority.%fter

LaasmfShipacAimrafl . . . . . . . . . . . . . . . . . . . . . . . 0853HwpimlShipor Mdiml AircraR . . . 0854sun190fs0rIM . . . . . . 0s55Pilotege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0856SafeNavigationandRegulations

Gwerniog Opermim afShipsandAimmft . . . . . . . . . . . . . . . . . . . . . . . . . . . 0857

Enrminga Pwtor tanding ataPlaceNm&signeti . . . . . . . . . . . . . . . . . . . . . . . . . 085s

Quarnmirm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0859C@muand hnm@atio” Im.pectiom . . . . . . . . . . . . . 0860

0S40. Unauthorized Persons on Board.

The commanding officer shall satisfy him- orherself that there is no unauthorized person onboard before proceeding to sea or commencing aflight.

0S41. Control of Passengers.

1. Control of passage in and protracted visik+to aircraft and ships of the Navy by all persons,within or without the Department of the Navy,shall be exercised by the Chief of h’avalOperations.

2. Nothing in this article shall be interpretedas prohibiting the senior ofi3cer presenl framauthorizing the passage in ships and aircraft ofthe Navy by such persons as he or she judgesnecessary in the public interest or in the interestof humanity. Tbe senior off]cer present sha IIreport the circumstances to the Chief of Naval

Operations when he or she gives suchauthorization.

0S42. Authority Over Passengers.

Except as otherwise provided in theseregulations or in orders from competentauthority, all passengers in a ship or aircraft ofthe naval service are subject w the authority ofthe commanding oflicer and shall conform to theinternal regulations and routine of the ship oraircraft. The commanding officer of such ship oraircraft shal I take no disciplinary action againsta passenger not in the naval service, other thanLhat authorized by law. The commanding officermay, when he or she deems such an actionnecessary for the safety of the ship or aircraft orof an y person embarked, subject a passenger notin the naval service to such restraint as thecircumstances require until such time asdelivery to the proper authorities is possible. Areport of the matter shall be made to an

appropriate superior of the passenger.

57


0643. Relations With Organizations andMilitary Personnel Embarked forPassage.

1. Personnel of the naval service, and otherUnited StaLes armed forces or services, andforeign armed forces are subject to the orders ofthe commanding officer of’ the ship or aircraftcommander. The provisions of this article shallbe applied to organizations and personnel offoreign armed forces, insofar as is feasible, withregard for their customs and traditions.

2. The commanding officer of the ship or theaircraft commander shall respect Lhe identiLyand integrity of organizational units and ‘

a. shall have all orders to personnel giventhrough Lheir respective chains of commandinsofar as practicable;

b. shall require that personnel wear theuniform which corresponds as nearly aspracticable to the uniform prescribed for ship’scompany;

c. may require enlisted persons to performtheir propartionat.e share of mess, walch, paliceand guard duty whenever he or she deems itadvisable to divide those duties amongpersonnel on board

d. may require personnel, when in his or heropinion an emergency exists, to perform suchduties as their special knowledge and skill mayenable them to perform; and

e. has the power and Lhe authority to orderan offender placed in naval or mili~ry custodyas is considered desirable, but in all cases wherethe offender is b be disembarked for disciplinaryaction by military authority, the offender shallbe placed in military custody on board the sh]por aircraft, impracticable.

3. The foregoing provisions of this article alsoapply to the Officer in Charge, MilitaryDetachment, of an in-service ship of Lhe MiIitarySealift Command, who is authorized to exercisethe powers conferred thereby, subject to theparamount authority of the master.

4. When an organized uniL is embarked fortransportation only in a ship of the Navy, tbeoficer in command of such organized unit shallretain Lhe authority which he or she passessedoi,er such unit prior to embarkation, including

Lhe power to order special or summary courts-martial upan enlisted personnel under his or hercommand. Nothing in this paragraph shall beconstrued as impairing the paramount authorityof the commanding officer or Lhe ship over a)lpersons embarked therein.

0$t4. Marriages on Board.

The commanding officer shall not perform amarriage ceremony on board his or her ship oraircrafL. He or she shall not permit a marriageceremony to be performed on board when theship or aircratl is outside the territory of theUnited States, excepti

a. in accordance wiLh local laws and the lawsof the state, Lerritory or district in which theparties are domiciled; and

b. in Lhe presence of a diplomatic or consularoffkial of the United States, who has consentedm issue Lhe certificates and make the returnsrequired by the consular regulations.

0645. Maintenance of Logs.

1. A deck log and an engineering log shall bemaintained by each ship in commission, and bysuch oLher ships and craft as may be designatedby the Chief of Naval Operations.

2. A compass record shall be maintained as anadjunct La the deck log. An engineer’s bell bookshall be maintained as an adjunct to theengineering log.

3. The Chief of Naval Operations shall prescriberegulations governing the contents andpreparation of the deck and engineering logs andadjunct records.

4. In Lhe case of a ship or craft equipped withautomated data logging equipment, the recordsgenerated by such equipment satisfy therequirements of this article.

0S46. Status of Logs.

The deck log, the engineering log, the compassrecord, Lhe bearing book, the engineer’s bellbook and any record generated by autnmateddata logging equipment shall each constitute anofficial record of the command.

58

THE COMhlANDING OFFICER

0847. Responsibility ofa Maaterofan In.Service Ship of the Military SealiftCommand.

1. [n an in-service ship of the Military SealiftCommand, the master’s responsibility isabsolute, except when, and to the extent,relieved therefrom by competent authority. Theauthotity of the master is commensurate withthe master’s responsibility, The master isresponsible for the safety of the ship and allpersons on board. He or she is responsible forthe safe navigation and technical operation ofthe ship and has paramount authority over allpersons on board. He or she is responsible forthe preparation of the abandon ship bill and hasexclusive authority to order the ship abandoned.The master may, using discretion, and when notcontrary to law or regulations, delegateauthority for operation of shipboard functions tocompetent subordinates. However, suchdelegation of authority shall in no way relievethe master of continued responsibility for thesafety, well-being, and efficiency of the ship.

2. A\\orders and instructions of the master shallbe in accordance with appropriate laws of theUnited States, and all applicable orders andregulations of the Navy, the .Military SealiftCommand, and the Office of PersonnelManagement. A master who departs from theorders or instructions of competent authority ortakes oflicial action contrary to such orders orinstructions shall report immediately thecircumstances to the authority from whom theprior orders or instructions were received.

3. The master has full authority to enforceappropriate laws of the United States and all

applicable orders and regulations of the Navy,the Military Sealift Command, and the Ofiice ofPersonnel .Management. In furtherance of themaster’s authority to enforce the laws andmaintain scfety on board his or her ship, themaster may:

a. conduct periodic inspections and surpriseinspections throughout the ship to includemessing and berthing areas; and

b. conduct searches throughout the ship,including messing and berthing areas, whenthere is reasonable suspicion that an ofTense hasbeen committed and the evidence of the offensewill be discovered by the search.

0848. Relations With Merchant Seamen.

When in foreign waters, the commanding offker,with the approval of the senior officer present,may receive on board as supernumeraries forrations and passage

a. Distressed seamen of the United Statesfor passcge to the United States, providad theybind themselves to be amenable in all respects taNavy Regulations.

b. As prisoners, seamen from merchantvessels of the United States, provided that thewitnesses necessary to substantiate the chargesagainst the prisoners are receiwd, or adequatemeans adopted to ensure the presence of suchwitnesses on arrival of the prisoners at the placewhere they are to be delivered to the civilauthorities.

0S49. Security of Magazines and ofDangerous Materials

1. The commanding officer shall be thecustodian of the keys to all spaces andreceptacles containing projectiles, explosivesand radioactive material and, when fitted, of allmagazine fkmdcoc!is. He or she may designatesuch persons under his or her command @ havecustody of duplicate keys as he or she considersnecessary. He or she shall prescribe conditionsunder which those persons may grant access tosuch spaces, but otherwise thm spaces shall notbe opened without the consent of thecommanding ofllcer.

2. Keys tilliated with nuclear weapons shall bemaintained and with custody as directed byorders from competent authorky.

3. The commanding officer sha!l ensure that,except when undergoing test or overhaul, theflooding and sprinkling systew are ready foruse at all times.

4. The commanding ofilcer shall ensure thatflammable and other dangerous materials arestored and handled in a safe manner.

0850. Request for Inspection by Board ofInspection and Survey.

The commanding officer shall EPOrt to the Chiefof INaval Operations without delcy whenever thecondition of the ship, or any department therein,is such as to require an inspmtin by the Board

59

THE COMMA14DiNGOFFlCER

oflnspection and Survey. Such repert shall beforwarded through of?icial channels and bear therecommendations of the superiors concerned.

0851. Action With the Enemy.

The commandin~ ofllcer shall:

a. Before going into battle or actioncommunicate to the officers of the command, ifpossible, his or her plans for battle or action andsuch other information as may be of operationalvalue should any of them succeed to command.

b. During action, station the executiveofficer where he or she can best aid thecommanding oilicer, and, if practicable, wherehe or she could probably escape the effects of acasualty disabling the commanding ofilcer, andyet be able to assume command promptly andefilciently.

c. During action, engage the enemy to Lhebest of his or her ability. He or she shall not,without permission, break off action to aSSiSLadisabled ship m to take possession of a capturedone.

d. Immediately after a baLtle or action,repair damage so far as possible, exert everyeffort to prepare the command for furtherservice, and make accurate, explicit and detailedreports as required.

0S52. LOSS of a ship.

1. In the case of the loss of a ship, thecommanding otlicer shall remain by her withofficers and crew so long as necessary and shallsave as much Government property as possible.Every reasonable effort shall be made to savethe deck log, personnel diary and pay records ofo~lcers and crew, and other valuable papers.

2. If it becomes necessary to abandon the ship,the commanding officer should be the last personto leave.

3. The commanding officer shall:

a. take all possible precautions to protect thesurvivors and such Government property as hasbeen saved;

b. report w the nearest United States nawdor military command and request instructionsand such assistance as is required; and

c. report the circumstances LOthe Secretaryof the .Navy and the Chief of hlaval Operationsas soon as possible.

0853. Continuation of Authority After Lossof Ship or AircrafL

When the crew of any naval vessel or navalaircraft is separated from their vessel or aircraftbecause of its wreck, loss or destruction, all thecommand and authority given to the ofiicers ofthe vessel or aircraft shall remain in full forceuntil the crew shall be regularly discharged orreassigned by competent authority.

0854. Hospital Ship or Medical AircrafL

1. The commanding officer of a hospital ship orthe commander of a medical aircraft shall beresponsible far complying with the appropriateprovisions of the Geneva Convention for theAmelioration of the Condition of Wounded, Sickand Shipwrecked Members of the Armed Forcesat Sea of 12 August 1949. Where necessary tothe fulfillment of this responsibility, a departurefrom other provisions of Navy Regulations isauthorized.

2. One of the central requirements under the1949 Geneva Convention is that the ship oraircraft maintain a non-combatant status.Under this Convention, the following conditionsdo not deprive hospital ships or medical aircraftof their non-combatant status:

a. The fact that the crews are armed for themaintenance of order, for their own defense orthat of the sick and wounded.

b. The presence on board of apparatusexclusively intended to facilitate navigation orunclassified communications.

c. The discovery on board hospital ships orin sick bays of partable arms and ammunitiontaken from the wounded, sick and shipwreckedand not yet handed to proper authorities.

d. The fact that humanitarian activities ofhospital ships or of the crews extend tm the careof the wounded, sick or shipwrecked persons.

e. The transport of equipment and ofpersonnel intended exclusively for medicalduties, over and above normal requirements ofthe hospital ship.

0855. Status of BoaM.

60


I,.

1. Boats shall be regarded in all mattersconcerning the rights, privileges and comity ofnations as part of the ship or aircraft to whichthey belong.

2. In ports where war, insurrection or armedconflict exists or threatens, the commandingofticer shall:

a. require that boats away from the ship oraircraft have some appropriate and competen Lperson in charge; and

b. see that steps are taken to make theirnationality evident at all times.

0856. Pilotage.

1. The commanding off,cer shall:

a. pilot the ship under all ordinarycircumstances, but may employ pilots whenever,in his or her judgment, such employment isprudent:

b. not call a pilot on board until the ship isread y to proceed;

c. not retain a pilot on board after the shiphas reached her destination or a point where thepilot is no longer required;

d. give preference to a licensed pilot; and

e. pay pilots no more than the local rates.

2. A pilot is merely a“ advisor to Lhccommanding olTcer. The presence of a pilot onboard shal I not relieve the commanding otTlceror a“y subordinate from his or her ~e.spansibility for the proper performance of theduties with which he or she may be chargedconcerning the navigation and handling of theship. For an exception to the provisions of thisparagraph, see “Rules and Regulations Covering:Navigation of the Panama Canal and AdjacentWaters,” which directs that the piloL assigned taa vessel in those waters shall have control of thenavigation and movement of the vessel. Also seethe provisions of these regdations concerningthe navigation of ships at a naval shipyard orsLaLie”, or in enteri”gor leaving drydock.

0857. Safe Navigation and RegulationsGoverning Operation of Ships andAircraft.

1. The commanding officer is responsible for thesafe navigation of his or her ship or aircrall,

except as prescribed otherwise i“ theseregulations for ships at a naval shipyard orstation, in drydock, or in the Panama Canal.During an armed conflict. an exercisesimulating armed conllict, or an authorized lawenforcement activity, competent authority maymodify the use of lights or other safeguardsagainst collision. Except in time of actual armedconilict, such modifications will be authorizedonly when ships or aircraft clearly will not behazarded.

2. Professional standards and regulationsgoverning shiphemdli”g, safe navigation, safeanchoring and related operational matte= shallbe promulgated by the Chief of NavalOperations.

3. Professional standards and regulationsgoverning the operation of naval aircraft andrelated matters shall be promulgated by theChief of Naval Operations or the Camma”btof the Marine Corps, as appropriate.

4. The commanding oftlcer is responsible forensuring that weather and oceanic effects areconsidered in the effective and safe operation ofhis or her ship or aircraft.

0656. Entering a Port or Landing at aPlace Not Designated.

When a ship or aircraft enters a pm-t or lands at

a place nOt designated or permitted byinstructions, the commanding officer shallpromptly report to his or her immediate superiorthe cause for doing so, and an estimate of thedelay which will be incurred. W&n such port orplace is within foreign jurisdiction, the nearestUnited States diplomatic or consularrepresentative, accredited to the governmentconcerned, shall also be informed.

0S59. Quarantine.

1. The commanding officer or aircraftcommander of a ship or aircraft shall complywith all quarantine regulations end restrictions,United States or foreign, for the part or areawithin which the shipm aircraft is kxated.

2. The commanding officer ghall give allinformation required by authorized foreignofIlcials, insofar as permitted by militarysecurity, and will meet the quarantinerequirements promulgated by proper autbom-tyfor United States or foreign PO-. However,


nothing in this article shall be interpreted asauthorizing commanding officers to permitonboard inswctions by foreign o[ticiais, or tomodify in any manner the provisions of Article0828 of these regulations.

3. The commanding ollicer shall allow nointercourse with a port or area or with otherships or aircraft until after consultation withlocal health authorities when.

a. doubt exists as to the sanitary regulationsor health conditions or the port or area;

b. a quarantine condition exists aboard theship or aircraft or

c. coming from a suspected port or area, orone actually under quarantine.

4. No concealment shall be made or anycircumstance that may subject a ship Or aircr~tof the Navy LOquarantine.

5. Should Lhere appear at any Lime on board aship or aircraft conditions which present ahazard of introduction of a communicabledisease outside the ship or aircraft, thecommanding oflicer or aircraft commander shallat once report Lhe fact to the senior officerpresent, LOother appropriate higher authoritiesand, if in port, to the health authorities havingquarantine jurisdiction. The commandingoKlcer or aircraft commander shall prevent allcontact-s likely LOspread disease until praLique isreceived. The commanding o~:cer of a ship inport shall hoist the appropriate signal.

0S60. Customs and Iremigration1nspections.

1. The commanding orricer or aircrartcommander shall facilitate any properexamination which iL may by Lhe duty of acuslnms officer or immigration officer of theUnited States to make on board the ship oraircraft. The commanding officer or aircraftcommander shall not permiL a foreign customsofficer or immigration ofllcer LO make anyexamination whatsoever, except as hereinafterprovided, on board the ship, aircraft or boatsunder his or her command.

2. When a ship or aircraft of the h’avy or apublic vessel manned by naval personnel andoperating under the direction of the Departmentof the Navy is carrying cargo for privatecommercial accounL, such cargo shall be subjecL

u the local customs reguiaLiOns of the port,domestic or foreign, in which the ship or aircraftmay be, and in all matters relating to suchcargo, the procedure prescribed for priva LemerchanL vessels and aircraft shall be followed.Government-owned stores or cargo in such shipor aircraft not landed nor intended to be landednor in any manner traficked in, are, by theestablished precedent of international courLesy,exempt from customs duties, but a declaration ofsuch stores or cargo, when required by localcustoms regulations, shall be made.Commandhg oflicers shall prevent, as far aspossible, disputes with the local authorities insuch cases, but shall protect the ship or aircraftand the Government-owned stores and cargofrom any search or seizure.

3. Upon arrival from a foreign country, at thefirst port of entry in United States territory, thecommanding dlicer, or the senior officer or shipsor aircraft in company, shall noLify the collectorof Lhe port. Each individual aboard shall, inaccordance with customs regulations, submit alist of articles purchased or oLherwise acquiredabroad. Dutiable articles shall not be landeduntil the customs oflicer has completed his orher inspection.

4. Commanding officers of naval vessels andcommanders of aircraft transporting UnitedStates civilian and foreign military and civilianpassengers shall satisfy themselves Lhat Lhepassenger clearance requirements of theimmigration and Naturalization Service arecomplied with upon arrival at paints within thejurisdiction of the United States. Clearance forsuch passengers by an immigration officer isnecessary upon arrival from foreign ports and atthe completion of movements between any of thefollowing Continental U nitsd States (includingAlaska and Hawaii), the Canal Zone, PuertoRICO, Virgin Islands, Guam, American Samoa, orother outlying places subject to United Slatesjurisdiction. Commanding officers, prior 10arriving, shall advise the cognizanL naval orcivilian port auLhority of the aforementionedpassengers aboard and shall detain them forclearance as required by the Immigration andNaturalization Service.

5. The provisions or this article shall not beconstrued ta require delaying the movements ofany ship or aircraft of the h’avy in theperformance of her assigned duty.

62

Chapter 8

THE COMMANDING OFFICERSection 3. Special Circumstances

Subsection A. Ships in Naval Stations and Shipyards

Contents

A tide

Movement&Shipsma NsvalSuItim . . . . . . . . . 0870Responsibility(orSafetyof Shipsand

Craftat a Naval StationorShipyard . . . . . . . 0871ShipsandCmfti. Drydock . . . . . . . . . . . . . . . . . . . . 0872

Artidz

InspectionIncidenttoGwmni=oni.gof Ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08i3

RelationsWilhPersm.el ofNavs.lShipyard.arSfatio. . . . . . . . . . . . . . . . . . . . . 0!374

0870. Movement of Ships at a Navalstation.

1. No ship or craft shall be moved or undergodock trials during its stay at a naval station,except by direction or with the approval of thecommanding officer of such sbtion.

2. A ship arriving at, or departing from, a navalstation shall be furnished such assistance,including tugs when available. as in the opinionof the commanding officer of the naval station orof the ship may be necessary for her safehandling.

0871. Responsibility for Safety of Shipsand Craft at a Naval Station orShipyard.

1. The commanding officer of a naval station ornaval shipyard shal I be responsible for the careand safety of all ships and craft at such station orshipyard not under a commanding ofiicer orassigned to another authority, and for anydamage that may be done by or to them. Inaddilion, the commanding officer of a navalstation or shipyard shall be responsible for thesafe execution of work performed by thatactivity upon any ship located at the activity.

2. It shall be the responsibility of thecommanding officer of a ship in commissionwhich is undergoing overhaul, or which isotherwise immobilized at a naval station or

naval shipyard, to request such servi=s ~ -necessary to ensure the safety of the ship. Thecommanding ofilcer of tbe naval station or navalshipyard shall be responsible for providingrequested services in a timely and adequatemanner.

3. When a ship or craft not under her own poweris being moved by direction of the commandingofficer of a nai-al shtion or naval shipyard, thatoflicer shall be responsible for any damage thatmay result therefrom. The pilot or other permndesignated for the purpose shall be in directcharge of such movement, and al I persons onboard shall cooperate with and assist the pilot asnecessary. Responsibility for such actions in aprivate shipyard will be assigned by contract tothe contractor.

4. When a ship operating under her own poweris being drydocked, the commmding aficer shallbe fully responsible for the safety of the shipuntil the extremity of the ship first t.aenter thedrydock reaches the dock sil I and the ship ispointed fair for entering the drydock. Thedocking officer shall then take charge andcomplete the docking, remaining in charge untilthe ship has been properly landed, bilge blockshauled, and the dock pumped down. Inundocking, the docking officer shall assumecharge when flooding the dock preparatory toundocking is started, and shall remain in chargeuntil the extremity of the ship last & leave the

63


dock clears the sill, and Lhe ship is pointed fairfor leaving the drydock, when the ship’scommanding officer shall assume responsibilityfor the safety and control of the ship.

5. When a naval ship is m be drydocked in aprivate shipyard under a contract beingadministered by a supervisor of shipbuilding,the responsibilities of the commanding officerare the same as in the case of drydocking in anaval shipyard. The responsibilities for thesafety of the acLual drydocking, normallyassigned to the commanding otlicer of a navalshipyard through the docking officer, will beassigned by contract to the contractor. Thesupervisor of shipbuilding is responsible,however, for ensuring that the contractorfacilities, methods, operations and qualifkationsmeet the standards of efficiency and safetyprescribed by Savy directives.

6. If the ship is elsewhere than at a navalstation or naval shipyard, the relationshipbetween the commanding officer and thesupervisor of shipbuilding, or other appropriateofficial, shall be the same as that between thecommanding officer and the commanding oficerof a naval swtion or naval shipyard as spsc~ledin this article.

0872. Ships snd Craft in Drydock.

1. The commanding of!icer of a ship in drydockshall be responsible for effecting adequateclosure, during such periods as they will beunattended, of all openings in the ship’s bottomupon which no work is being undertaken by Lhedocking activity. The commanding ofiker of thedocking activity shall be responsible for theclosing, at the end of working hours, of all valvesand other opsnings in the ship’s bottom uponwhich work is being undertaken by the dockingactivity, when such closing is practicable.

2. Prior to undocking, the commanding otlicer ofa ship shall report to the docking officer anymaterial changes in the amount and location of

weights on board which have been made by theship’s force while in dock, and shall ensure, andso report, that all sea valves and other openingsin Lhe ship’s bottom are properly closed. Thelevel of water in the dock shall not be permittedto rise above the keel blocks prior to receipt ofthis report. The above valves and openings shallbe Lendsd during flooding of the dock.

3. When a ship or craft, not in commission, is ina naval drydock, Lhe provisions of Lhis articleshall apply, except tha Lthe commanding officerof Lhe docking activity or area representativeshall act in the capacity of the commandingofficer of the ship or craft.

4. When a naval SKIPor craft is in drydock in aprivate shipyard, responsibility for actionsnormally assigned to the commanding officer ofthe docking activity will be assigned by contractto the contractor.

0873. Inspection Incident to Commis-sioning of Ships.

When a ship is to be commissioned, theaulhority designated LO place such ship incommission shall, just prior to commissioning,cause an inspection to be made to determine thecleanliness and readiness of the ship ICIreceiveits crew and outtit. In the case of the delivery ofa ship by a contractor, the above inspection shallprecede acceptance of the ship. A copY of thereport of this inspection shall be furnished theofficer detailed to command the ship and toappropriate commands or oftices.

0874. Re\ationa With Personnel of N avaiShipyard or Station.

Except in matters coming within the securityand safety regulations of the ship, thecommanding offxcer shall exercise no controlover the officers or employees of a navalshipyard or station where his or her ship ismoored, except with the permission of thecommander of the naval shipyard or station.

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Chapter 8

THE COMMANDING OFFICERSection 3. Special Circumstances

Subsection B. Prospective Commanding Oi%cers

Contents

AAdz Ard&

Duties of the Prrxpective Commanding Reparing for% A&r Commissioning . . . . . . 08S2Ofticerofs Ship . . . . . . . . . . . . . . . . . . . . . . . . 0880 Perumnel Organized md Stationed . . . . . . 0S33

Commissionin~ and Assuming Comnm”d 0881

0SS0. Duties of the Prospective Com-manding Officer of a Ship.

1. Except as may be prescribed by the Chief ofNava I Operations, the prospective commandingoffzcer of a skip not yet commissioned shall haveno independent authority over the preparationof the ship for service by virtue of assignment tosuch duty, until the ship is commissioned andplaced under his or her command. Theprospective commanding offtcer shall:

a. procure from the commander of the navalshipyard or the supervisor of shipbuilding thegeneral arrangement plans of the ship, and al Ipertinent information relative to the generalcondition of’ the ship and the work beingundertaken on the hull, machinery andequipment, upon reporting for duty;

b. inspect the ship as soon after report.kg forduty as practicable, and frequently thereafter, inorder to keep him- or herself informed of thestate of her preparation for service. If, during thecourse of these inspections he or she notes anyunsafe or potentially unsafe condition, he or sheshall report such fact to the commander of thenaval shipyard or the supervisor of shipbuildingand to his or her superior for resolution;

c. keep him- or herself informed as to theprogress of the work being done, including testsof equipment, and make such recommendationsto the commander of the naval shipyard or the

supervisor of shipbuilding as he or she deemsappropriate;

d. ensure that requisitions are submitted forarticles to outfit the ship which are nototherwise being provided,

e. prepare the organization of the ship;

f. train the nucleus crew @ effectively andefficiently take charge of and operate the shipupon commissioning, and

g. make such reports as may be required byhigher authority, and include therein astatement of any deficiency in material orpersonnel.

2. [f the prospective commanding ofi%er does notconsider the ship in proper condition to becommissioned at the time the commander of thenaval shipyard or the supervisor of shipbuildingsignf]es the intention of transferring the ship tothe prospective commanding offker, he or sheshall report that conclusion with the reasomtherefor, in writing, ta the commander of thenaval shipyard or to the supervisor ofshipbuilding and to the appropriate higherauthority,

3. If the ship is elsewhere than at a navalshipyard, the relationship between theprospective commanding officer end thesupervisor of shipbuilding, or other appropriateofficial. shall be the same as that between the

El


prospective commanding officer and the

commander of a naval shipyard as specified inthis article.

4. The Chief of Naval Operations shall beresponsible for providing the commandingoffxcer or prospective commanding officer of anaval nuclear powered ship with the authorityand direction necessary to carry out his or herresponsibilities for the safety of the ship andcrew, and the health and safety of the generalpublic in the surrounding area.

0681. Commissioning and AssumingCommand.

A ship shall be transferred to the prospectivecommanding officer and placed in commission inaccordance with the following procedure

a. the formal transfer shall be effected by thesupervisory authority or a designated rep-resentative,

b. as many of the officers and crew of the shipas circumstances permit, and a guard and music,shall be assembled and properly distribukd onthe quarterdeck or other suitable part of theship,

c. the officer effecting the transfer shall causethe national ensign and the proper insignia ofcommand to be hoisted. with the appropriateceremonies, and shall turn the ship over to theprospective mmmanding off]ceq and

d. the prospective commanding officer shallread his or her orders, assume command, andcause the watch to be set.

0682. Preparing for Sea AfterCommissioning.

In preparing the ship for sea after com-missioning, the commanding officer shallendeavor tn discover and correct any defect orinadequacy in the crew or in the ship, herinstallations, equipment, ammunition andstores and shall ensure that all installationsand equipment can be operated satisfactorily bythe crew.

08S3. Personnel Organized and Stationed.

Before departure for sea, the commanding offmershall ensure that the ooicers and crew have bee”properly organized, stationed and trained to copeeffectively with any emergency that might arisein the normal course of scheduled operations.

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