[Federal Register: October 1, 2009 (Volume 74, Number 189)]
[Rules and Regulations]
[Page 50696-50698]
[DOCID:fr01oc09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30687 Amdt. No 3340]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 1, 2009. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 1, 2009.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on September 18, 2009.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,

Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 22 OCT 2009

Quinhagak, AK, Quinhagak, RNAV (GPS) RWY 12, Orig
Quinhagak, AK, Quinhagak, RNAV (GPS) RWY 30, Orig
Quinhagak, AK, Quinhagak, Takeoff Minimums and Obstacle DP, Orig
Alabaster, AL, Shelby County, VOR-A, Amdt 7
Birmingham, AL, Birmingham-Shuttlesworth Intl, ILS OR LOC RWY 6, ILS
RWY 6 (CAT II) Amdt 42
Birmingham, AL, Birmingham-Shuttlesworth Intl, ILS OR LOC/DME RWY
24, Amdt 2
Birmingham, AL, Birmingham-Shuttlesworth Intl, LOC RWY 18, Amdt 1
Birmingham, AL, Birmingham-Shuttlesworth Intl, RNAV (GPS) RWY 6,
Amdt 1
Birmingham, AL, Birmingham-Shuttlesworth Intl, RNAV (GPS) RWY 18,
Amdt 1
Birmingham, AL, Birmingham-Shuttlesworth Intl, RNAV (GPS) RWY 24,
Amdt 2
Birmingham, AL, Birmingham-Shuttlesworth Intl, RNAV (GPS) RWY 36,
Amdt 1
Demopolis, AL, Demopolis Muni, NDB RWY 4, Amdt 1
Napa, CA, Napa County, RNAV (GPS) Z RWY 36L, Orig-A
Tracy, CA, Tracy Muni, GPS RWY 25, Orig, CANCELLED
Tracy, CA, Tracy Muni, NDB RWY 12, Amdt 1
Tracy, CA, Tracy Muni, RNAV (GPS) RWY 26, Orig
Tracy, CA, Tracy Muni, Takeoff Minimums and Obstacle DP, Amdt 3
Tracy, CA, Tracy Muni, VOR/DME RWY 26, Orig
Tracy, CA, Tracy Muni, VOR OR GPS-A, Amdt 5, CANCELLED
Twentynine Palms, CA, Twentynine Palms, VOR RWY 26, Amdt 2A
Aspen, CO, Aspen-Pitkin Co/Sardy Field, LOC/DME-E, Amdt 1
Gunnison, CO, Gunnison-Crested Butte Rgnl, ILS OR LOC RWY 6, Amdt 5
Willimantic, CT, Windham, LOC RWY 27, Amdt 3
Washington, DC Washington Dulles Intl, RNAV (RNP) Z RWY 1C, Orig-C
Washington, DC Washington Dulles Intl, RNAV (RNP) Z RWY 1R, Orig-A
Washington, DC Washington Dulles Intl, RNAV (RNP) Z RWY 19C, Orig-B
Washington, DC Washington Dulles Intl, RNAV (RNP) Z RWY 19L, Orig-A
Wilmington, DE, New Castle, GPS RWY 9, Orig-B, CANCELLED
Wilmington, DE, New Castle, GPS RWY 27, Orig-A, CANCELLED
Wilmington, DE, New Castle, RNAV (GPS) RWY 1, Orig
Wilmington, DE, New Castle, RNAV (GPS) RWY 9, Orig
Wilmington, DE, New Castle, RNAV (GPS) RWY 19, Orig
Wilmington, DE, New Castle, RNAV (GPS) RWY 27, Orig
Miami, FL, Kendall-Tamiami Executive, RNAV (GPS) RWY 9L, Orig
Miami, FL, Kendall-Tamiami Executive, RNAV (GPS) RWY 27L, Amdt 1
Miami, FL, Kendall-Tamiami Executive, RNAV (GPS) RWY 27R, Orig
Titusville, FL, Space Coast Rgnl, ILS OR LOC RWY 36, Amdt 11
Titusville, FL, Space Coast Rgnl, RNAV (GPS) RWY 36, Orig
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS OR LOC RWY 26L,
Amdt 19B
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS OR LOC RWY 26R,
ILS RWY 26R (CAT II), Amdt 5
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS PRM RWY 26L
(Simultaneous Close Parallel), Orig-A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS PRM RWY 26R
(Simultaneous Close Parallel), ILS PRM RWY 26R (CAT II), Amdt 1
Atlanta, GA, Newnan Coweta County, LOC RWY 32, Amdt 2
Atlanta, GA, Newnan Coweta County, RNAV (GPS) RWY 14, Amdt 1
Atlanta, GA, Newnan Coweta County, RNAV (GPS) RWY 32, Amdt 2
Brunswick, GA, Brunswick Golden Isles, ILS OR LOC RWY 7, Amdt 10
Cochran, GA, Cochran, RNAV (GPS) RWY 29, Orig
Cochran, GA, Cochran, Takeoff Minimums and Obstacle DP, Amdt 2
Cochran, GA, Cochran, VOR/DME RWY 5, Amdt 6
Jefferson, GA, Jackson County, RNAV (GPS) RWY 17, Amdt 1
Jefferson, GA, Jackson County, RNAV (GPS) RWY 35, Amdt 1
Jefferson, GA, Jackson County, Takeoff Minimums and Obstacle DP,
Amdt 2
Jefferson, GA, Jackson County, VOR/DME RWY 35, Amdt 1
Jesup, GA, Jesup-Wayne County, NDB RWY 11, Amdt 2
Jesup, GA, Jesup-Wayne County, NDB RWY 29, Amdt 3
Jesup, GA, Jesup-Wayne County, RNAV (GPS) RWY 11, Orig
Jesup, GA, Jesup-Wayne County, RNAV (GPS) RWY 29, Orig
Jesup, GA, Jesup-Wayne County, Takeoff Minimums and Obstacle DP,
Orig
Thomaston, GA, Thomaston-Upson County, ILS OR LOC RWY 30, Amdt 2
Thomaston, GA, Thomaston-Upson County, NDB RWY 30, Amdt 2
Thomaston, GA, Thomaston-Upson County, RNAV (GPS) RWY 12, Orig
Jerome, ID, Jerome County, GPS RWY 8, Orig, CANCELLED
Jerome, ID, Jerome County, GPS RWY 26, Orig, CANCELLED
Jerome, ID, Jerome County, RNAV (GPS) RWY 9, Orig
Jerome, ID, Jerome County, RNAV (GPS) RWY 27, Orig
Jerome, ID, Jerome County, Takeoff Minimums and Obstacle DP, Amdt 2
Jerome, ID, Jerome County, VOR/DME-A, Amdt 2
Fairfield, IL, Fairfield Muni, GPS RWY 9, Orig, CANCELLED
Fairfield, IL, Fairfield Muni, RNAV (GPS) RWY 9, Orig
Bogalusa, LA, George R Carr Memorial Air Fld, NDB OR GPS RWY 18,
Amdt 3A, CANCELLED
Bogalusa, LA, George R Carr Memorial Air Fld, RNAV (GPS) RWY 18,
Orig
Sault Ste Marie, MI, Chippewa County Intl, Takeoff Minimums and
Obstacle DP, Orig
Boonville, MO, Jesse Viertel Memorial, NDB RWY 18, Amdt 10A,
CANCELLED
Malden, MO, Malden Rgnl, RNAV (GPS) RWY 14, Orig
Malden, MO, Malden Rgnl, RNAV (GPS) RWY 18, Amdt 1
Malden, MO, Malden Rgnl, RNAV (GPS) RWY 32, Amdt 1
Malden, MO, Malden Rgnl, RNAV (GPS) RWY 36, Amdt 1
Malden, MO, Malden Rgnl, Takeoff Minimums and Obstacle DP, Orig
Malden, MO, Malden Rgnl, VOR RWY 32. Amdt 9
Malden, MO, Malden Rgnl, VOR/DME RWY 14. Amdt 1
Philadelphia, MS, Philadelphia Muni, RNAV (GPS) RWY 18, Amdt 1
Philadelphia, MS, Philadelphia Muni, RNAV (GPS) RWY 36, Amdt 1
Philadelphia, MS, Philadelphia Muni, Takeoff Minimums and Obstacle
DP, Amdt 2
Greensboro, NC, Piedmont Triad Intl, ILS OR LOC RWY 5L, ILS RWY 5L
(CAT II), ILS RWY 5L (CAT III), Orig
Greensboro, NC, Piedmont Triad Intl, ILS OR LOC RWY 5R, ILS RWY 5R
(CAT II), Amdt 7
Greensboro, NC, Piedmont Triad Intl, ILS OR LOC RWY 23R, Orig
Greensboro, NC, Piedmont Triad Intl, RNAV (GPS) RWY 5L, Orig
Greensboro, NC, Piedmont Triad Intl, RNAV (GPS) RWY 23R, Orig
Reidsville, NC, Rockingham County NC Shiloh, GPS RWY 31, Orig,
CANCELLED
Reidsville, NC, Rockingham County NC Shiloh, NDB RWY 31, Amdt 5
Reidsville, NC, Rockingham County NC Shiloh, RNAV (GPS) RWY 13, Orig
Reidsville, NC, Rockingham County NC Shiloh, RNAV (GPS) RWY 31, Orig
Reidsville, NC, Rockingham County NC Shiloh, Takeoff Minimums and
Obstacle DP, Amdt 2
Reidsville, NC, Rockingham County NC Shiloh, VOR/DME-A, Amdt 9
Potsdam, NY, Potsdam Muni/Damon Fld, Takeoff Minimums and Obstacle
DP, Orig
Rochester, NY, Greater Rochester Intl, ILS OR LOC RWY 4, ILS RWY 4
(CAT II), Amdt 20
Boise City, OK, Boise City, Takeoff Minimums and Obstacle DP, Orig

Columbia, SC, Jim Hamilton L.B. Owens, RADAR-1, Amdt 2
Brownfield, TX, Terry County, GPS RWY 2, Amdt 1A, CANCELLED
Brownfield, TX, Terry County, RNAV (GPS) RWY 2, Orig
Brownfield, TX, Terry County, RNAV (GPS) RWY 20, Orig
Brownfield, TX, Terry County, Takeoff Minimums and Obstacle DP, Orig
Corpus Christi, TX, Corpus Christi Intl, ILS OR LOC RWY 13, Amdt 27
Corpus Christi, TX, Corpus Christi Intl, ILS OR LOC RWY 35, Amdt 12
Corpus Christi, TX, Corpus Christi Intl, RNAV (GPS) RWY 13, Amdt 1
Floydada, TX, Floydada Muni, RNAV (GPS) RWY 17, Orig
Floydada, TX, Floydada Muni, RNAV (GPS) RWY 35, Orig
Floydada, TX, Floydada Muni, Takeoff Minimums and Obstacle DP, Orig
Houston, TX, West Houston, Takeoff Minimums and Obstacle DP, Amdt 3
Orange, TX, Orange County, NDB OR GPS-A, Amdt 1, CANCELLED
Orange, TX, Orange County, RNAV (GPS) RWY 22, Orig
Orange, TX, Orange County, Takeoff Minimums and Obstacle DP, Orig
Emporia, VA, Emporia-Greensville Rgnl, RNAV (GPS) RWY 15, Orig
Hoquiam, WA, Bowerman, RNAV (GPS) RWY 6, Amdt 1
Hoquiam, WA, Bowerman, RNAV (GPS) RWY 24, Amdt 1
Clarksburg, WV, North Central West Virginia, ILS OR LOC RWY 21, Amdt
2
Jackson, WY, Jackson Hole, RNAV (RNP) Y RWY 1, Orig-A
Jackson, WY, Jackson Hole, RNAV (RNP) Z RWY 1, Orig-B
Jackson, WY, Jackson Hole, RNAV (RNP) Z RWY 19, Orig-A
Pinedale, WY, Pinedale/Ralph Wenz Field, NDB RWY 29, Amdt 1A,
CANCELLED
Pinedale, WY, Pinedale/Ralph Wenz Field, NDB-A, Orig
Pinedale, WY, Pinedale/Ralph Wenz Field, Takeoff Minimums and
Obstacle DP, Amdt 2
    On Monday, September 14, 2009 (74 FR 176) The FAA published
several Amendments in Docket No. 30683; Amdt No. 3336 to Part 97 of
the Federal Aviation Regulations under sections 97.23 and 97.33. The
following entries are hereby corrected to have an effective date of
October 22, 2009:
Daggett, CA, Barstow-Daggett, RNAV (GPS) RWY 22, Amdt 1
Daggett, CA, Barstow-Daggett, RNAV (GPS) RWY 26, Amdt 1
Daggett, CA, Barstow-Daggett, Takeoff Minimums and Obstacle DP, Amdt
2
Daggett, CA, Barstow-Daggett, VOR OR TACAN RWY 22, Amdt 9

[FR Doc. E9-23101 Filed 9-30-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Notices]
[Page 15095]
[FR Doc No: 2017-05878]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2017-10]

Petition for Exemption; Summary of Petition Received; Skyyfish

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before April 13, 2017.

ADDRESSES: Send comments identified by docket number FAA-2016-6012
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>,
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on March 17, 2017.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2016-6012.
    Petitioner: Skyyfish.
    Section(s) of 14 CFR Affected: Part 21, Subpart H; Part 27; and
Sec. Sec.  45.23(b), 45.27(a), 61.113, 91.7(a), 91.9(b)(2), 91.9(c);
91.103, 91.109(a), 91.119, 91.121, 91.151(a)(b), 91.203(a)(b),
91.405(a), 91.407(a)(l), 91.409(a)(2), and 91.417(a)(b).
    Description of Relief Sought: The petitioner is requesting relief
in order to operate the Hummingbird UAS, which has a takeoff weight of
121 pounds for commercial operations.

[FR Doc. 2017-05878 Filed 3-23-17; 8:45 am]
 BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on December 12, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-22829

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  TAG Aviation (UK) Ltd.							Date Filed:  October 24, 2005

Relief requested:  Exemption from 49 U.S.C. § 41301 to engage in
charter foreign air transportation of persons and property between any
point or points in the United Kingdom and any point or points in the
United States, either directly or via intermediate or beyond points in
other countries with or without stopovers, and other charters pursuant
to 14 CFR Part 212 of the Department’s regulations.

If renewal, date and citation of last action: New authority

Applicant representatives:  Gary B. Garofalo & Erin M. Tallardy  (202)
776-3970

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  Continental Airlines, Inc. (Continental) filed an
answer stating that the authority requested would allow TAG UK to
provide unlimited charter service between London Heathrow (Heathrow) and
any point or points in the United States.  Continental states that until
U.S. carriers are given competitive access at Heathrow the Department
should not be awarding open-ended authority to any U.K. carriers for
operations at Heathrow.  By letter dated November 17, 2005, TAG UK filed
a reply stating that it has no plans to operate U.S. service to or from
Heathrow and would accept a Heathrow limitation on its requested
authority.   By letter dated November 18, 2005, Continental withdrew its
objection to the application proceeding so long as the authority granted
is subject to a limitation precluding service to or from Heathrow.

DISPOSITION

Action:  Approved, subject to limitation (see below)					Action date:
December 12, 2005

Effective dates of exemption authority granted:  December 12, 2005 –
December 12, 2006

Basis for approval (bilateral agreement/reciprocity): U.S.-U.K. Air
Services Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

    X    Standard exemption conditions (attached)
Foreign air carrier permit   (          )

Special conditions/Partial grant/Denial basis/Remarks:  TAG UK may not
conduct operations under this authority to or from London’s Heathrow
Airport.  Based on the record in this case, we find that TAG UK is
financially and operationally qualified to perform the services
authorized above.   However, we are unable to find that TAG UK is
substantially owned and effectively controlled by British nationals.
Specifically, the applicant states that TAG UK is a subsidiary of TAG
Holding, a Swiss company.  TAG Holding is owned 46.63% by a trust, the
beneficiaries of which are citizens of Switzerland, France and Germany.
The remaining shares are ultimately held by citizens of Saudi Arabia,
the U.K., Hong Kong and by a person of joint Lebanese, Canadian and U.K.
citizenship.  Of the nine members of TAG Holding’s board, three hold
Swiss citizenship, two hold French citizenship, two hold British
citizenship, one holds Swedish citizenship, and one holds American
citizenship.  Based on this record, we find that there is no evidence
that would suggest that the ownership and control of TAG UK would make
grant of this authority inimical to U.S. aviation policy or interests.
Under the circumstances present, we find that it is consistent with the
public interest to use our discretion and to waive our ownership and
control standard in this instance.  The carrier is properly licensed by
the Government of the United Kingdom to perform the proposed services.
By memorandum November 4, 2005, the FAA advised us that it knew of no
reason why we should act unfavorably on TAG UK’s application.

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 TAG UK’s application was accompanied by a motion under Rule 12 (14
CFR § 302.12) to withhold certain financial information from public
disclosure.  In support of its motion, TAG UK states that the
information is proprietary and commercially sensitive, and that TAG UK
would be adversely affected by its disclosure.  We have reviewed the
documents under the disclosure guidelines of Rule 12 and have determined
that they warrant confidential treatment.  Because of the commercially
sensitive nature of the information, we have determined that the
documents fall within the Freedom of Information Act exemption for
proprietary information and would adversely affect the competitive
position of TAG UK under 49 U.S.C. § 40115.

05/2004


[Federal Register: November 29, 2005 (Volume 70, Number 228)]
[Notices]
[Page 71541]
[DOCID:fr29no05-70]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1612-DR]

Indiana; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Indiana (FEMA-1612-DR), dated November 8, 2005, and
related determinations.

DATES: Effective November 21, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Indiana is hereby amended to include the Public
Assistance Program and the Hazard Mitigation Grant Program for the
following areas among those areas determined to have been adversely
affected by the catastrophe declared a major disaster by the President
in his declaration of November 8, 2005:

    The counties of Vanderburgh and Warrick for Public Assistance
(already designated for Individual Assistance.)
    All counties in the State of Indiana are eligible to apply for
assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050,
Individuals and Households Program--Other Needs; 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Director, Federal Emergency Management Agency, Department of
Homeland Security.
 [FR Doc. E5-6666 Filed 11-28-05; 8:45 am]

BILLING CODE 9110-10-P