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

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1.Signed on December 18 and September 9, 2008; Entered into Force on December 18, 2008
 
INSTRUMENT FLIGHT PROCEDURES SERVICES

ARTICLE I -- DESCRIPTION OF SERVICES
A. The American Institute in Taiwan (AIT), through its
designated representative, the Federal Aviation
Administration (FAA), may provide any of the following
instrument flight procedure services to the Taipei Economic
and Cultural Representative Office in the United States
(TECRO), through its designated representative, the Civil
Aeronautics Administration (CAA).
1. Feasibility studies of proposed instrument flight
procedures;
2. Assessments of existing instrument flight procedures;
3. Development of instrument flight procedures;
4. Quality Control/Quality Assurance (QC/QA) of instrument
flight procedures;
and
5. General advice and guidance on the development, design,
and maintenance of instrument flight procedures.
B. For purposes of this Technical Implementing Arrangement,
instrument flight procedures include en route procedures,
Standard Instrument Departures (SID)/Departure Procedures
(DP), Standard Terminal Arrival Routes and Standard
Instrument Approach Procedures.
C. Aviation System Standards National Flight Procedures Office
at any time reserves the right of refusal for providing
services as outlined in Article I (A).

ARTICLE II -- TERMS AND CONDITIONS
All instrument flight procedure services provided by AIT through
its designated representative, the FAA, under this Technical
Implementing Arrangement shall be subject to the following terms
and conditions:
A. To meet the requirements of AIT’s designated representative,
the FAA, TECRO will require that its designated
representative, the CAA, shall provide the information and
data described in this Paragraph A and all other information
and data AIT’s designated representative, the FAA, may
request in support of the services provided under this
Technical Implementing Arrangement or future Technical
Implementing Arrangements. TECRO agrees that its designated
representative, the CAA, shall provide all information and
data in the English language and shall bear the cost of any
translation of the materials into English.
1. Technical data and charts in a condition and form suitable
for accurately determining the location and elevation of
natural and man-made obstacles and terrain features.
2. The following detailed aeronautical charts of the areas to
be covered by the instrument flight procedure to be
developed:
a. Charts to a scale of approximately 1:50,000 shall be
provided for the area within an approximately ten (10)
nautical mile radius of the airport, heliport, and all
other air navigation facilities to be incorporated in
the instrument flight procedure design; and
b. Charts to a scale of approx imately 1:250,000 and
1:500,000 for the area within an approximately fifty
(50) nautical mile radius of the airport, heliport, and
all other air navigation facilities to be incorporated
Procedures)。 in the instrument flight procedure design.
3. Latitude and longitude co-ordinates to the nearest 1/100th
of a second and in WGS-84 or equivalent datum of all en
route navigation facilities, including associated
components, to be incorporated in the instrument flight
procedures design.
4. The Comprehensive Aeronautical Information Publication,
which shall include the following information:
a. Location of the primary and secondary altimeter
reference source (International Civil Aviation
Organization (ICAO) identifier or latitude and
longitude in WGS84 or equivalent datum) used in the
instrument flight procedure.
b. Location of available terminal weather reporting
stations (ICAO identifier or latitude and longitude in
WGS-84 or equivalent datum) and the hours of operation.
c. The ICAO identifier for the controlling air traffic
facility for the instrument flight procedure and the
point of contact for the facility.
5. Using the format set forth in Figure I to this Technical
Implementing Arrangement, for each instrument landing
system (ILS), microwave landing system (MLS), transponder
landing system (TLS), global navigation satellite system
(GNSS) precision approach, global positioning satellite
(GPS) non-precision approach system, and any other
terminal approach systems to be designed and developed:
a. The fol lowing runway da t a ( i f the instrument
flight procedure is for an airport):
i. Latitude and longitude coordinates to the nearest
1/100th of a second and in WGS-84 or equivalent
datum of (a) the runway thresholds at the
centerline, (b) runway stop ends at the centerline,
(c) any displaced thresholds, and (d) the point at
which a line from the glideslope/elevation antenna
intersects the runway centerline at a ninety-degree
(90°) angle (the aiming point);
ii. Runway length to the nearest foot and any displaced
distances to the nearest foot;
iii. Runway front and back course magnetic compass
headings to the nearest 1/100th of a second and
the magnetic variation applied;
iv. Mean sea level elevation to the nearest foot at the
runway threshold, runway stop end, and any
displaced thresholds; and
v. Runway aircraft category and wheel height group.
b. Using the format set forth in Figure 2 to this Annex,
the following landing site data (if the instrument
flight procedure is for a heliport/vertiport):
i. Latitude and longitude coordinates to the nearest
1/100th of a second and in WGS-84 or equivalent
datum of (a) the heliport reference point (HRP), (b)
dimensions of the landing site, and (c) the radius
of the landing site if the site is circular;
ii. Mean sea level elevation to the nearest foot at the
landing site HRP and landing site corners; and
iii. Preferred ingress and egress course routing for
landing sites.
6. Using the format set forth in Figure I to this Technical
Implementing Arrangement, for each ILS, MLS, TLS, or GNSS
precision approach to be designed and developed, the
latitude and longitude coordinates to the nearest 1/100th
of a second and in WGS84 or equivalent datum of the
following navigation aid components:
a. The localizer/azimuth antenna;
b. The glideslope/elevation antenna;
c. The on airport DME antenna;
d. The marker beacon antennas;
e. The compass locator antennas; and
f. The GNSS data link antenna.
7. Using the format set forth in Figure 1 to this Technical
Implementing Arrangement, for each ILS, MLS, TLS, or any
other terminal approach system to be designed and
developed, the following navigational aid component data:
a. The distance from all navigational aid component
antennas to the runway centerline or extended runway
centerline as measured along a line extending from the
centerline at a ninety-degree (90°) angle to the
component.
b. For all navigational aid component antennas located on
the runway centerline or extended runway centerline,
the distances from these antennas to the approach and
stop ends of the runway.
c. For all navigational aid component antennas that are
offset from the runway centerline or extended runway
centerline, the distance, as measured along a line
parallel to the centerline or extended centerline, from
the antenna to a point located at a ninety-degree (90°)
angle from the runway threshold and stop end.
d. The mean sea level to the nearest foot at:
i. The base of each antenna of the ILS, MLS, or TLS; and
ii. The point along the runway centerline at the aiming
point.
e. The distance from the aiming point to the localizer
antenna as measured along the runway centerline and
extended runway centerline.
f. The magnetic compass heading from the front course
runway threshold at the centerline to each navigational
aid component antennas.
g. The monitoring source, category, and hours of
monitoring for each navigational aid.
B. The instrument flight procedures developed by AIT’s
designated representative, the FAA, shall conform to the U.S.
Standard For Terminal Instrument Procedures (TERPs) and
associated orders or criteria, or, upon written request by
TECRO’s designated representative, the CAA, to Procedures
For Air Navigation Services - Aircraft Operations (PANS-OPS)
published by ICAO.
C. TECRO agrees that its designated representative, the CAA,
shall be solely responsible for complying with any
environmental requirements under the laws and regulations of
Taiwan that are applicable to the instrument flight procedure
services provided by AIT’s designated representative, the
FAA, under this Technical Implementing Arrangement.
D. TECRO agrees that its designated representative, the CAA,
shall, at its own expense, be responsible for:
1. Taking all actions necessary to adopt an instrument flight
procedure developed by AIT’s designated representative,
the FAA, under this Technical Implementing Arrangement and
its appendices, including actions regulating the airspace
affected by an instrument flight procedure;
2. Flight checking the instrument flight procedure before
approving its . operational use;
3. Providing not i c e through appropr i a t e publications
and other means to aircraft operators, airmen, the public,
and, if required, to ICAO of the adoption by TECRO’s
designated representative, the CAA, of any instrument
flight procedure developed by AIT’s designated
representative, the FAA, under this Technical Implementing
Arrangement and its appendices;
4. Providing any engineering, survey, or other assistance
required to support the instrument flight procedures
services by AIT’s designated representative, the FAA; and
5. Publishing air navigation charts and other appropriate
materials showing the instrument flight procedures adopted
by TECRO’s designated representative, the CAA.
E. TECRO agrees that its designated representative, the CAA,
shall provide a point of contact for each instrument flight
procedures services project undertaken by AIT’s designated
representative, the FAA, pursuant to this Technical
Implementing Arrangement.

ARTICLE III - STATUS OF THE PERSONNEL OF AU’S DESIGNATED
REPRESENTATIVE, THE FAA
AIT’s designated representative, the FAA, shall assign
personnel to perform the services agreed upon in this Technical
Implementing Arrangement. The personnel assigned may be the
employees of AIT’s designated representative, the FAA, another
U.S. Government agency, or a contractor to AIT’s designated
representative, the FAA. AIT’s designated representative, the
FAA, AIT, or other U.S. Government personnel assigned to any
activity shall, while in Taiwan, be AIT consultants. The
supervision and administration of the personnel shall be in
accordance with the policies and procedures of AIT and its
designated representative, the FAA. The assigned personnel shall
perform at the high level of conduct and technical execution
required by AIT and AIT’s designated representative, the FAA.

ARTICLE IV - FINANCIAL PROVISIONS
A. TECRO agrees that its designated representative, the CAA,
shall reimburse AIT’s designated representative, the FAA,
through AIT for all costs incurred by AIT’s designated
representative, the FAA, in providing the instrument flight
procedures services under this Technical Implementing
Arrangement and an administrative overhead charge. TECRO
agrees that in the event of a termination by either party
under Article VI of Technical Implementing Arrangement 1,
TECRO’s designated representative, the CAA, shall pay all
costs incurred by AIT’s designated representative, the FAA,
for instrument flight procedures services provided to TECRO’
s designated representative, the CAA, prior to the date of
such termination.
B. AIT statements of account shall contain a reference to
agreement number NAT-I-845-9-1-1 (which is the number
assigned by AIT’s designated representative, the FAA, to
identify this Technical Implementing Arrangement and which
shall be referred to in all related correspondence), and
shall be supported with a summary of charges.
C. All requests for instrument flight procedures services shall
be submitted to AIT’s designated representative, the FAA, in
writing by TECRO’s designated representative, the CAA. TECRO
shall forward all requests to AIT.
D. AIT shall provide a cost estimate (including administrative
overhead charges) for all instrument flight procedures
services requested by TECRO’s designated representative, the
CAA. The cost estimate shall contain a description of
services to be performed by AIT’s designated representative,
the FAA, for TECRO’s designated representative, the CAA,
including the estimated dates for the performance of the
services.
1. TECRO agrees that its designated representative, the CAA,
shall pay through AIT the cost estimate at least sixty
(60) days prior to the estimated starting date for the
requested instrument flight procedures services. All
payments received from TECRO’s designated representative,
the CAA, shall be deposited in a non-interest bearing
account.
2. Following completion of the instrument flight procedures,
AIT’s designated representative, the FAA, shall deduct
the actual cost of the services (including an
administrative overhead charge) from the funds on deposit
and forward a statement of account itemizing the costs
incurred by it in providing the services under this
Technical Implementing Arrangement.
a. TECRO agrees that if the statement of account shows
that the actual cost of providing the instrument flight
procedures services is greater than the estimated cos t
pa id by TECRO’ s de s igna t ed representative, the
CAA, its designated representative, the CAA, shall pay
the balance due to AIT’s designated representative,
the FAA, through AIT.
b. If the statement of account shows that the actual cost
of providing the instrument flight procedures services
is less than the estimated cost paid by TECRO’s
designated representative, the CAA, AIT’s designated
representative, the FAA, shall refund through AIT the
difference to TECRO’s designated representative, the
CAA, apply the difference to any unpaid balances owed
by the CAA under this Technical Implementing
Arrangement, or hold the balance as a deposit against
any future work under this Technical Implementing
Arrangement, as agreed to by the parties.
E. All AIT cost estimates and statements of account shall
contain a reference to the Agreement Number NAT-I-845-9-1-1
and billing number NB75553TW8 (which are the numbers assigned
by AIT’s designated representative, the FAA, to identify
this Technical Implementing Arrangement and which shall be
referred to in all related correspondence). All cost
estimates and statements of account shall be forwarded by AIT
to TECRO at the following address:

Taipei Economic and Cultural Representative Office
4201 Wisconsin Avenue, NW Washington, D.C.
20016-2137
F. TECRO agrees that in making payments under this Technical
Implementing Arrangement, its designated representative, the
CAA, shall include a reference to the assigned agreement
number and billing number. Payments will be forwarded to AIT
at the following address:

American Institute in Taiwan
Attn: Barbara Schrage
Managing Director
1700 N. Moore Street, Suite 1700
Arlington, VA 22209

ARTICLE V – LIABILITY
A. TECRO and its designated representative, the CAA, on behalf
of the authorities represented by TECRO, agree that AIT’s
designated representative, the FAA, and AIT assume no
liability for any claim or loss arising out of advice or
other assistance provided or work performed by them under
this Technical Implementing Arrangement or appendices, or
arising out of any action or decision by TECRO’s designated
representative, the CAA, or its current or former officers,
employees or contractors, in relation to such advice,
assistance or work.
B. TECRO and its designated representative, the CAA, on behalf
of the authorities represented by TECRO, agree to defend any
suit brought in any jurisdiction other than the United States
or pay for the defense of any suit brought in the United
States against the Govermnent of the United States, AIT’s
designated representative, the FAA, AIT, or any
instrumentality or current or former officer or employee of
the United States, or AIT, arising out of any advice or other
assistance provided or work performed under this Technical
Assistance Arrangement or its appendices. TECRO and its
designated representative, the CAA, on behalf of Taiwan,
further agree to hold the United States, AIT’s designated
representative, the FAA, AIT, or any instrumentality or
current or former officer or employee of the United States or
AIT harmless against any claim by Taiwan, or by any agency
thereof, or by third persons for personal injury, death, or
property damage arising out of any advice or other assistance
provided or work performed under this Technical Implementing
Arrangement or its appendices.
C. Exception: The conduct of an officer or employee of the U.S.
that results in personal injury, death, or property damage
shall not be considered advice or other assistance provided
or work performed under this Technical Implementing
Arrangement for purposes of the obligation to hold the United
States, AIT’s designated representative, the FAA, AIT, or
any instrumentality or current or former officer or employee
of the United States harmless against any claim by Taiwan, or
by any agency thereof, or by third persons for personal
injury, death, or property damage undertaken by TECRO’s
designated representative, the CAA, under Article V.A above
if that conduct is determined to be outside the scope of the
officer or employee’s employment. Scope of employment shall
be determined by the law of the forum, including choice of
law rules, if the litigation is brought in a court of the
United States; or, if brought in a court outside the United
States, according to the law of the District of Columbia.

ARTICLE VI - ENTRY INTO FORCE AND TERMINATION
This Technical Implementing Arrangement shall enter into force
on the date of the last signature and shall remain in force
until terminated in accordance with Article VI of the Agreement.

ARTICLE VII – AUTHORITY
AIT and TECRO agree to the provisions of this Technical
Implementing Arrangement as indicated by the signature of their
duly authorized representatives.



AMERICAN INSTITUTE TAIPEI ECONOMIC
IN TAIWAN AND CULTURAL
REPRESENTATIVE
OFFICE IN THE
UNITED STATES
BY: BY:
Barbara J. Schrage Ta-Tung J. Chang
TITLE: TITLE:
Managing Director Deputy Representative
DATE: DATE:
Sep. 9, 2008 Dec. 18, 2008
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