[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Rules and Regulations]
[Pages 11408-11410]
[FR Doc No: 2019-05674]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31243; Amdt. No. 3844]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends, suspends, or removes 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 for the 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 March 27, 2019. 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 March 27, 2019.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey

Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 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 the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73125. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary. This amendment provides the affected CFR sections, and
specifies the SIAPs and Takeoff Minimums and ODPs with their applicable
effective dates. This amendment also identifies the airport and its
location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    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 procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    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,
Navigation (air).

    Issued in Washington, DC, on March 8, 2019.
Rick Domingo,
Executive 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
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 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(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State              City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
25-Apr-19............  AL             Monroeville.........  Monroe County              8/3604      2/14/19  This NOTAM, published in TL 19-08, is hereby
                                                             Aeroplex.                                       rescinded in its entirety.
25-Apr-19............  FL             Tampa...............  Tampa Executive.....       8/2047       3/1/19  RNAV (GPS) RWY 23, Amdt 1C.

25-Apr-19............  FL             Tampa...............  Tampa Executive.....       8/2054       3/1/19  RNAV (GPS) RWY 5, Orig-C.
25-Apr-19............  FL             Tampa...............  Tampa Executive.....       8/2100       3/1/19  RNAV (GPS) RWY 18, Amdt 1A.
25-Apr-19............  FL             Tampa...............  Tampa Executive.....       8/2102       3/1/19  ILS OR LOC RWY 23, Amdt 1C.
25-Apr-19............  CA             Tulare..............  Mefford Field.......       9/0276       3/1/19  VOR RWY 13, Amdt 2.
25-Apr-19............  AL             Huntsville..........  Huntsville Executive       9/0352       3/1/19  Takeoff Minimums and Obstacle DP, Amdt 4A.
                                                             Tom Sharp Jr Fld.
25-Apr-19............  AL             Monroeville.........  Monroe County              9/0767       3/1/19  VOR RWY 21, Amdt 10B.
                                                             Aeroplex.
25-Apr-19............  MT             Circle..............  Circle Town County..       9/4642      2/25/19  RNAV (GPS) RWY 12, Orig-A.
25-Apr-19............  MT             Circle..............  Circle Town County..       9/4643      2/25/19  RNAV (GPS) RWY 30, Orig-B.
25-Apr-19............  NJ             Trenton.............  Trenton Mercer......       9/6484      2/25/19  RNAV (GPS) RWY 34, Orig-C.
25-Apr-19............  IL             Bloomington/Normal..  Central IL Rgnl Arpt       9/6758      2/25/19  RNAV (GPS) RWY 2, Orig-C.
                                                             At Bloomington-
                                                             Normal.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-05674 Filed 3-26-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 181 (Thursday, September 17, 2020)]
[Proposed Rules]
[Pages 58004-58007]
[FR Doc No: 2020-20376]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0842; Product Identifier 2020-NM-101-AD]
RIN 2120-AA64

Airworthiness Directives; Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer
S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
Model ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -
100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This proposed AD
was prompted by reports of installation of inverted poles of the
horizontal stabilizer pitch trim switches on the control yokes, which
causes opposite commands for the horizontal stabilizer. This proposed
AD would require installing supports for the horizontal stabilizer
control yoke pitch trim switches and re-identifying the control yokes,
as specified in two Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) ADs, which will be incorporated by reference. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 2,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, BRAZIL, Tel: 55 (12) 3203-6600; Email<EMAIL_ADDRESS>
internet www.anac.gov.br/en/. You may find this IBR material on the
ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
You may view this IBR material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0842.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0842; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time. Send your
comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2020-0842; Product Identifier 2020-NM-101-AD'' at the
beginning of your comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM because of those
comments.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2020-05-01, effective May 26, 2020; and ANAC AD 2020-05-02,
effective May 26, 2020 (``ANAC AD 2020-05-01'' and ``ANAC AD 2020-05-
02'') (also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''); to correct an unsafe condition for
certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model
ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100
IGW, -100 SR, -200 STD, -200 LR, and -200 IGW airplanes. Model ERJ 190-
100 SR airplanes are not certificated by the FAA and are not included
on the U.S. type certificate data sheet; this AD therefore does not
include those airplanes in the applicability.
    This proposed AD was prompted by reports of installation of
inverted poles of the horizontal stabilizer pitch trim switches on the
control yokes, which causes opposite commands for the horizontal
stabilizer. The FAA is proposing this AD to address this condition,
which could result in reduced controllability of the airplane. See the
MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    ANAC AD 2020-05-01 and ANAC AD 2020-05-02 describe procedures for
installing supports for the horizontal stabilizer control yoke pitch
trim switches and re-identifying the control yokes. These documents are
distinct since they apply to different airplane models. This material
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in ANAC AD 2020-05-01 and ANAC AD 2020-05-02 described previously, as
incorporated by reference, except for any differences identified as
exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and the European Union
Aviation Safety Agency (EASA) to develop a process to use certain EASA
ADs as the primary source of information for compliance with
requirements for corresponding FAA ADs. The FAA has since coordinated
with other manufacturers and civil aviation authorities (CAAs) to use
this process. As a result, ANAC AD 2020-05-01 and ANAC AD 2020-05-02
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with ANAC AD 2020-05-01 and
ANAC AD 2020-05-02 in its entirety, through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information specified in ANAC AD 2020-05-01
and ANAC AD 2020-05-02 that is required for compliance with ANAC AD
2020-05-01 and ANAC AD 2020-05-02 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0842 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 324 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                    Parts cost           Cost per product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 7 work-hours x $85 per hour =  Up to $267............  Up to $862............  Up to $279,288.
 $595.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. (Type
Certificate Previously Held by Embraer S.A.): Docket No. FAA-2020-
0842; Product Identifier 2020-NM-101-AD.

(a) Comments Due Date

    The FAA must receive comments by November 2, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. Model airplanes identified in paragraphs
(c)(1) and (2) of this AD, certificated in any category.
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -
200 SU, -200 STD, and -200 LL airplanes, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2020-05-01, effective May 26, 2020 (``ANAC AD 2020-05-01'').
    (2) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200
STD, -200 LR, and -200 IGW airplanes, as identified in ANAC AD 2020-
05-02, effective May 26, 2020 (``ANAC AD 2020-05-02'').

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by reports of installation of inverted
poles of the horizontal stabilizer pitch trim switches on the
control yokes, which causes opposite commands for the horizontal
stabilizer. The FAA is issuing this AD to address this condition,
which could result in reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, ANAC AD 2020-05-01 and ANAC AD 2020-05-02, as
applicable.

(h) Exceptions to ANAC AD 2020-05-01 and ANAC AD 2020-05-02

    (1) Where ANAC AD 2020-05-01 and ANAC AD 2020-05-02 refer to
their effective date, this AD requires using the effective date of
this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of
ANAC AD 2020-05-01 and ANAC AD 2020-05-02 does not apply to this AD.
    (3) Where ANAC AD 2020-05-01 and ANAC AD 2020-05-02 prohibit
installing certain parts, this AD prohibits their installation as of
the applicable compliance time specified by paragraph (h)(3)(i) or
(ii) of this AD.
    (i) If the modification required by this AD was done before the
effective date of this AD, installation is prohibited as of the
effective date of this AD.
    (ii) If the modification required by this AD is done after the
effective date of this AD, installation is prohibited after
accomplishment of the modification required by this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.

(j) Related Information

    (1) For information about ANAC AD 2020-05-01 and ANAC AD 2020-
05-02, contact National Civil Aviation Agency (ANAC), Aeronautical
Products Certification Branch

(GGCP), Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial
Aquarius--Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP
12.246-190--S[atilde]o Jos[eacute] dos Campos--SP, BRAZIL, Tel: 55
(12) 3203-6600; Email<EMAIL_ADDRESS>internet www.anac.gov.br/
en/. You may find this IBR material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this
material at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
This material may be found in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0842.
    (2) For more information about this AD, contact Krista Greer,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER><EMAIL_ADDRESS>
    Issued on September 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-20376 Filed 9-16-20; 8:45 am]
BILLING CODE 4910-13-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 19, 2004

                     NOTICE OF ACTION TAKEN -- DOCKETS OST-2003-15021 &
2002-12550

_____________________________________________________________

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).

Application of   American Airlines, Inc.     filed    2/17/04  for:

XX  Contingent waiver from the 90-day dormancy condition:

BACKGROUND

By Notice of Action Taken dated July 30, 2002 (Docket OST-2002-12550)
the Department authorized American Airlines to provide third-country
code-share service to Ukraine with Swiss International Air Lines, Ltd.
d/b/a Swiss, via Zurich and awarded it 2.5 weekly frequencies to operate
in the U.S.-Ukraine market.  American and Swiss implemented the service;
however, on August 1, 2003, Swiss filed a notice in Docket
OST-2002-12001 that it would cease serving Ukraine effective October 26,
2003.

On October 30, 2003, United filed an application for the available
U.S.-Ukraine third-country code-share opportunity and requested 3.5
frequencies (Docket OST-2003-16445).

On October 31, 2003, American filed to transfer its U.S.-Ukraine
third-country designation and 2.5 weekly frequencies from Swiss to
British Airways.  Even though it had not been using these frequencies,
American is proceeding on the basis that it still holds them through
March 31 by virtue of a blanket dormancy waiver granted to U.S. carriers
in Order 2003-4-18.  On the contingency that American’s request to
transfer these frequencies to British Airways is not granted in time for
service to begin by April 1, American requests a waiver of the 90-day
dormancy condition until such time as the Department grants American’s
transfer application and American has implemented U.S.-Ukraine service
with British Airways.

United filed an answer urging the Department to dismiss American’s
application and approve United’s application stating that the
frequency allocation to which American refers was limited to code-share
services in conjunction with Swiss, and those services ceased on October
26, 2003.  In this regard, United states that American is no longer in a
position to restart those services.

Applicant rep.:    Carl B. Nelson, Jr.,<PHONE_NUMBER>    DOT analyst:
Sylvia Moore,<PHONE_NUMBER>

DISPOSITION

XX  Dismissed (see Remarks)

The above action was effective when taken:    March 19, 2004

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

2

Remarks:  When American applied for the code-share frequencies before us
here, it expressly agreed that it “will immediately return any unused
frequencies for reallocation upon application by another U.S. carrier
requiring such frequencies to operate additional Ukraine service.”  We
have now received such an application from United, in Docket
OST-2003-16445.  Even had American not committed to returning these
frequencies in the circumstances presented, we would still reach the
same result under established policies that when we award authority to a
specific U.S. carrier-foreign carrier code-share partnership to serve a
designation-restricted or frequency-restricted market, the U.S. carrier
cannot freely change code-share partners without first seeking
Department approval and, in the event of competing U.S. carrier
interest, recompeting for the authority in a new selection proceeding.
On this basis, and notwithstanding the dormancy waiver cited by American
in Order 2003-4-18, we conclude that American has now lost its claim to
the 2.5 Ukraine frequencies, and those frequencies have reverted to the
Department for reallocation.  Since a dormancy waiver can only operate
to maintain frequencies that a carrier in fact still holds, and since we
have determined that those frequencies have reverted to the Department
for reallocation based on American’s prior statements, and its
partner’s notification of cessation of service, and the effect of our
established policies, American’s reliance on Order 2003-4-18 is
misplaced.  Consequently, American’s contingency dormancy motion is
moot and we are dismissing it.  By separate concurrent action, we are
issuing a Notice in connection with the launching of a competitive
selection proceeding for the available Ukraine service.

________________________________________________________________________
______________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that our action was consistent with Department policy
and with the public interest.  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:

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

 Reply of American of July 9, 2002, in Docket OST-2002-12550, at 2.
(Footnote omitted).

 See Order 2000-10-14.  Cf. Order 2002-3-24.

 We have consolidated American’s application in Docket OST-2002-12550
for transfer of its U.S.-Ukraine third-country code-share designation
and frequencies and United’s application in Docket OST-2003-16445 in
this new proceeding, Docket OST-2004-17373.