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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on October 1,1978; Entered into force on October 1,1978.
 
WHEREAS, the Feberal Aviation Administration, United States of
America, hereinafter referred to as the FAA, is in a position to
furnish directly services which the Civil Aeronautics Administr-
ation of the Republic of China, hereinafter referred to as the
CAA, has requested from the FAA on a reimbursable basis; and
WHEREAS, Section 305 of the Federal Aviation Act of 1958 (49 U.-
S.C. 1346) and Section 5 of the International Aviation Faciliti-
es Act (49 U.S.C. 1154) authorizes the FAA to provide services
to foreign governments.
NOW, THEREFORE, the FAA and the CAA mutually agree as follows:
ARTICLE Ⅰ
Description of Services
The FAA shall provide Site Test, Commissioning and/or Periodic
Flight Checks of the CAA Air Navigation Aids at such locations
and temes as requested by the CAA in writing and as mutually ag-
reed upon, under the following conditions:
A Ground equipment shall be in condition suitable for flight in-
spection on the scheduled dates. A minimum of ten days advance
notice to FAA is required for change in the date of a schedul-
ed flight.
B The flight inspection procedures used shall conform to the U.-
S. Standard Flight Inspection Manual and/or in accordance with
ICAO Annex 10 for evaluation of Air Navigation Aid Facilities.
C Within 30 days following the completion of the flight inspect-
ions, FAA will provide a written report to the CAA specifying
the results of the flight inspection bogether with appropriate
recordings. In addition, the results of the flight inspection
will be orally reported immediately after completion of the f-
light inspection.
D An officer or engineer designated by the CAA may accompany the
aircraft during any or all phases of the flight inspection mi-
ssion. No additional charge will be made for his carriage. Si-
nce no insurance can be provided, he must sign a waiver of li-
ability of the U.S. Government prior to any participation in
any flights.
E The FAA will be provided in advance with a carnet, laissez-pa-
sser, or invitation from the CAA, which will serve the follow-
ing purposes:
1 Constitute a waiver of all airport or other user charges. In
the event a waiver of such charges is not possible, the cos-
ts incurred will be added to total charge for flight inspec-
tion performance.
2 Obviate the posting of bonds, technical equipment declarati-
ons, inventories and custom, and other entrance formalities.
F The FAA may, upon written request, furnish site evaluation gr-
ound electronic equipment and/or an electronic engineer to as-
sist in preliminary and final conduct of ground activities di-
rectly related to establishment or evaluation of air navigati-
on aids.
G The CAA will provide the following:
1 All clearances for aircraft and crewas may be required for
performance of flight inspection services under this Agreem-
ent.
2 A responsible electronic engineer present at the facility d-
uring all flight check-ing operations. An interpreter will
be provided if necessary.
3 Detailed charts of the areas to be covered during flight ch-
eck. Charts to a scale of 1:50,000 should be provided for t-
he immediate area, and to a scale of 1:250,000 and 1:500,000
to a radius of approximately 50 nautical miles.
4 Provision of a permanent marker aligned with Magnetic North
within approximately 50 meters from the facility antenna wh-
ere applicable. This marker will be used by the theodolite
operator during flight check.
5 Exact coordinations of all facilities to be checked, includ-
ing associated facilities such as compass locators, markers,
etc.
6 Address all requests for services under this Agreement to:
Federal Aviation Administration
Pacific-Asia Region
Aircraft management Branch, APC-220
P.O. Box 4009
Honolulu, Hawaii 96813
ARTICLE Ⅱ
Estimated Costs and Method of Payment
A The CAA will reimburse the FAA for flight inspection services
provided under this Agreement at the current hourly rate per
aircraft operating hour for FAA aircraft and crew. The FAA wi-
ll provide written notification to the CAA of hourly rate cha-
nges. Unless otherwise specified, such changes will become ef-
fective thirty (30) days from the date of the FAA notificatio-
n. The FAA will determine type of aircraft to be used based on
availability. The inspection flight hours shall be increased
by the enroute time. Aircraft enroute time within the area wi-
ll be equitably distributed to users of the services.
B If electronic engineering assistance is required, charges will
be in addition to the flight inspection charges as stipulated
by Article Ⅱ, A.
C If FAA furnished site evaluation ground equipment is required,
the CAA will pay all transportation costs to, from, and betwe-
en affected sites plus any storage charges found necessary be-
tween individual site evaluations. Specific shipping instruct-
ions will be determined for each request for services.
D The Civil Aeronautics Administration of the Republic of China
hereby identifies the office to which FAA bills should be ren-
dered as:
Civil Aeronautics Administation
Ministry of Communications
Taipei International Airport
Taipei, Republic of China
E Charges for flight inspection services will be billed to the
CAA upon completion or termination of the individual mission.
Charges are payable by U.S. dollar check or draft drawn to "U-
.S. Federal Aviation Administration," and should be forwarded
in accordance with billing istructions.
ARTICLE Ⅲ
Liability
The CAA, on behalf of the Republic of China, agrees to defend a-
ny suit brought against the United States, the FAA or any instr-
umentality or officer of the United States, arising out of work
under this Agreement. The CAA, on behalf of the Republic of Chi-
na, further agrees to hold the United States harmless against a-
ny Claim by te Republic of China or any agency thereof, or thir-
d persons for the personal injury, death, or property damage ar-
ising out of work under this Agreement.
ARTICLE Ⅳ
Amendments
Any changes in the services to be furnished under this Agreement
shall be formalized by an appropriate written amendment to the
Agreement which shall outline in detail the exact nature of the
change.
ARTICLE Ⅴ
Effective Date
This Agreement supersedes Agreement Number NAT-I-338 on this su-
bject and is effective October 1,1978. It will remain in effect
from year to year unless terminated as provided under Article VI
of this Agreement. Number NAT-I-734 has been assigned to this A-
greement for identification purposes
ARTICLE Ⅵ
Revocation
This Agreement may be revoked at any time by either party by gi-
ving thirty (30) days notice in writing. The Federal Aviation A-
dministration and the Civil Aeronautics Administration of the R-
epublic of China agree to the provisions of this Agreement as i-
ndicated by the signatures of their duly authorized officers.
Republic of China
Civil Aeronautics Administration
By: Y.T. Mau
Director General, Civil Aeronautics
Administration
Title: Ministry of Communications
Date: October 1,1978
Federal Aviation Administration
Department of Transporation
United States of America
By: Noman H. Plummer
Assistant Administrator for
International Aviation
Title: Affairs (Acting)
Date: Aug.21,1978
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