21 CRR-NY 176.3NY-CRR

21 CRR-NY 176.3
21 CRR-NY 176.3
176.3 General rules and regulations.
(a) Access to, entry upon, or use of the airport.
(1) Access to or entry upon the airport shall be made only at locations designated by the authority.
(2) Any permission granted directly or indirectly, expressed or implied, to any person to enter upon or use the airport is conditioned upon:
(i) full and complete assumption of responsibility by any person taking advantage of such permission; and
(ii) full and complete compliance with these rules and regulations.
(3) The arrival or departure of an aircraft at an airport shall constitute an agreement by the aircraft owner, the aircraft operator, aircraft crew members, and aircraft passengers to fully comply with these rules and regulations.
(4) Any person accessing, entering upon, or using the airport shall defend, indemnify, save, protect, and hold harmless the authority and the board, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, administrative proceedings, arbitration, or costs arising from or related to the person's activities at the airport and/or the manner in which the airport is constructed, maintained, operated, managed, or used.
(5) Any person accessing, entering upon, or using the airport shall be fully and completely responsible for their actions and all actions of any person to whom they provide or facilitate access to, entering upon, or use of the airport, whether directly or indirectly, express or implied.
(b) Aeronautical services.
(1) Any entity engaging in aeronautical services must fully comply with the minimum standards for aeronautical services issued by the authority.
(2) Any entity basing an aircraft at the airport shall not permit said aircraft to be used for a commercial aeronautical activity unless such commercial aeronautical activity is expressly authorized by agreement.
(i) Notwithstanding the foregoing, such aircraft may be used by the aircraft owner for the purpose of training or otherwise maintaining or increasing the flying proficiency of the aircraft owner or members of the aircraft owner's immediate family.
(c) Accidents.
(1) In the event of an emergency, call “9-1-1.” Otherwise, any person involved in or witnessing an accident involving person(s) or damage to property shall immediately call the SRAA Uniformed Security Office. Such person shall remain at the scene and respond to the inquiries of (and provide the information requested by) the authority, law enforcement officers, fire department personnel, and/or investigative personnel.
(i) No person shall tamper with an accident scene or fail to comply with any directive issued by the authority, a law enforcement officer, fire department personnel, or any other agency having jurisdiction over the accident scene.
(ii) Unauthorized entry to the AOA to gain access to an accident scene is prohibited.
(d) Signage and advertisements.
(1) Signage must be consistent with the terms of an authority-issued lease, license, or permit.
(2) Advertisements, notices, circulars, and/or handbills may not be posted, displayed, or distributed in public areas without the prior written permission of the authority and then, only after paying all applicable rents or fees imposed by the authority.
(i) The posting, display, or distribution of signs, advertisements, notices, circulars, and/or handbills on aircraft, vehicles, or equipment is prohibited.
(ii) The authority has the right to remove or relocate any such sign, advertisement, notice, circular, handbill, or other related posting or display.
(e) General conduct.
(1) No person shall make, possess, use, offer for sale, pass, or deliver any forged or falsely altered pass, permit, identification card, sign, and/or other authorization purporting to be issued by or on behalf of the authority.
(2) No person shall use or otherwise conduct themselves in any area in any manner contrary to the directions posted in or for that area.
(3) Destroying, damaging, injuring, defacing, disturbing, or tampering with property is prohibited.
(i) Any and all property damaged or destroyed shall be replaced (or replacement shall be paid for) by the person(s) responsible for such damage or destruction.
(4) No person shall commit any disorderly, obscene, lewd, indecent, or unlawful act; or commit any act of nuisance (including the use of abusive or threatening language) at the airport.
(5) The authority reserves the right to exclude or expel any person, who, in the judgment of a law enforcement officer, is intoxicated or under the influence of drugs or alcohol.
(6) Loitering is prohibited on authority property.
(7) Starting, moving, using, or interfering with the safe operation of any aircraft, vehicle, or equipment without the permission of the aircraft, vehicle, or equipment owner or by specific direction of the authority is prohibited.
(8) No person shall engage in activities that are, as determined by the authority, disruptive to users of the airport and/or that create a hazard or risk of injury or death to a person(s) or damage to property.
(9) The airport shall not be used:
(i) to camp or stay overnight; or
(ii) for any improper, objectionable, or immoral purposes as determined by the authority.
(10) Leased premises are expressly for the conduct of the lessees or sub-lessees activities. No person other than employees and customers of the Lessee or sub-lessee shall make use of the leased premises or loiter on such premises without permission of the lessee or sub-lessee.
(11) No person shall enter or remain upon any area or in any building or part thereof on the airport not designated as open for public use, except when and to the extent and in the manner authorized by him, or by a tenant or concessionaire pursuant to authority granted by the executive director.
(12) No person shall enter or leave the airport or any part thereof other than through such entrances and exits as are provided therefor.
(f) Abandoned, derelict, or lost property.
Abandoned, derelict, or lost property found in public areas including, without limitation, aircraft, vehicles, equipment, machinery, baggage, or parts thereof shall be reported or turned in to the authority by turning them over to a uniformed law enforcement officer, or the authority office, without unreasonable delay.
(1) Abandoned, derelict, or lost property which is not claimed within 30 days may be disposed of at the discretion of the authority.
(g) Use of roadways and walkways.
(1) No person shall travel at the airport other than on the roadways, walkways, or other areas provided or designated for a specific type or class of traffic.
(2) No person shall occupy the roadways or walkways in such a manner as to hinder or obstruct their proper use.
(h) Animals.
(1) No person shall bring to airport property animals, birds, reptiles, or insects, except for special assistance animals or animals used for law enforcement purposes on the airport, unless destined for air transport and restrained by a leash, container, or crate.
(2) No person shall leave a live animal, other than an animal used for law enforcement purposes, in an unattended vehicle.
(3) No person shall intentionally hunt, pursue, trap, catch, injure, or kill any bird, fish, or animal except as part of an authority-approved wildlife control plan.
(4) No person shall provide food, water, or perform any other act to encourage the congregation of birds or other animals on airport property.
(5) No person shall abandon an animal, or release an unattended animal, at the airport.
(i) Smoking.
Smoking, carrying lighted cigars, cigarettes, or pipes, or vaping in any airport building or on any airport property, except in areas specifically designated by the authority and posted as public smoking areas or in a private automobile, is prohibited.
(j) Alcoholic beverages.
(1) Consumption of alcoholic beverages shall take place only in locations (including leased premises) and at the times approved in writing by the authority.
(2) The authority reserves the right to exclude or expel any person who, in the judgment of a law enforcement officer, is intoxicated or under the influence of alcoholic beverages or drugs or violates any provision of these rules and regulations.
(k) Use of public areas.
(1) Marking or defacing the floors, walls, windows, ceilings, or any other surface is prohibited.
(2) Use of the public area in any facility or in any area for sleeping between the hours of 2:00 a.m. and 4:00 a.m. is prohibited unless authorized by the authority.
(3) No person shall bathe or shower, or launder or change clothes, or remain undressed, in or at any public sink, washroom, or restroom, or in any other area of the terminal that is not designated as a bathing or showering facility.
(l) Elevators and escalator usage.
(1) No person shall use an escalator or elevator for any purpose other than the purpose for which it is designed and intended and then only in the manner posted.
(2) Contractors are restricted from moving any equipment or freight on escalators, or working in a manner affecting the operation of the escalators unless authorized by the authority.
(m) Trash receptacles and dumping.
(1) Trash (which includes, but is not limited to, rubbish, garbage, refuse, discarded paper, boxes, crates, and litter of any kind) shall not be placed, discharged, or deposited at the airport except in trash receptacles.
(2) Trash shall not be brought to the airport.
(3) The burning of trash is prohibited.
(n) Fire and flammable materials.
(1) Practices recommended by the National Fire Protection Association (NFPA) and all fire codes, regulations, or directives issued by the fire department and/or the authority shall be fully complied with.
(2) Entities shall exercise the utmost care to guard against fire and injury or death to a person(s) or damage to property.
(3) In no event shall smoking or carrying lighted cigars, cigarettes, or pipes occur within 50 feet of any aircraft, refueling vehicles, fuel storage facilities, or emergency generators.
(4) Open flames (i.e., candles, fixtures, or fires) are prohibited without the prior written permission of the authority and the fire department.
(i) This excludes open flames utilized by lessees, sub-lessees, operators, and permittees in the performance of aircraft maintenance.
(ii) With the prior written permission of the authority and the fire department, aircraft rescue and fire fighting (ARFF) personnel may engage in training exercises which require open flames.
(5) Any uncontrolled fires (regardless of the size of the fire or whether or not the fire has been extinguished) shall be reported immediately to “9-1-1.”
(6) No person shall tamper with any fire extinguisher or related equipment or use the same for any purpose other than fire prevention or firefighting.
(i) Such equipment may be inspected by the fire department and/or authority at any time.
(a) A tag showing the date of the last inspection (and who performed the inspection) shall be attached to each unit and records, acceptable to fire underwriters, shall be kept documenting the status of each unit.
(7) No person shall block or modify any self-closing fire door or do anything which would interfere with, or prevent, its closing in the event of a fire.
(8) Flammable materials shall only be used or stored in accordance with the practices recommended by the NFPA and in full compliance with the codes, regulations, and directives issued by the fire department and/or the authority, the authority's Storm Water Pollution and Prevention Plan (SWPPP), the authority's Spill, Prevention, Control, and Countermeasures (SPCC) plan, and regulatory measures.
(9) The use of flammable, volatile liquids having a flash point of less than 100 degrees Fahrenheit is prohibited unless such operations are conducted in open air or in a room specifically approved for the purpose for which the liquid is being used. The room must be properly fireproofed and equipped with appropriate and readily accessible fire-extinguishing apparatus.
(i) The practices recommended in NFPA Pamphlet No. 30 (Flammable and Combustible Liquids Code), NFPA Pamphlet No. 4100 (Safeguarding Aircraft Cleaning, Painting and Paint Removal), and NFPA Pamphlet No. 410F (Aircraft Cabin Cleaning and Refurbishing Operations) shall be adhered to in all cleaning, painting, refurbishing, and other operations using flammable liquids including the storage of such liquids.
(o) Hazardous materials.
(1) No person shall store, keep, handle, use, dispense, discharge, or transport any hazardous materials in contravention of any regulatory measure. Proper permits must be obtained from the agency having jurisdiction, copies must be maintained on file for review by the authority, and prior notification must be given to the authority.
(i) At least 24 hours advanced notice shall be given to the authority to permit full investigation and clearance for any operation requiring a waiver of this provision. Permission may be given to movements of hazardous materials only when such materials are properly packed, marked, labeled, and limited as required by regulatory measures and only if such materials will not create a hazard to persons or property.
(ii) If the storage of hazardous material is approved, such material must be placed in suitable receptacles designed specifically for storage of hazardous materials with self-closing, tight-fitting, leak-proof lids which are properly secured and not to exceed five gallons.
(a) Material safety data sheets (MSDS) for all hazardous materials shall be maintained on-site so as to be readily available to emergency responders in the event of an emergency and for review, at any time, by the authority and the fire department.
(iii) No person shall use, keep, or permit to be used or kept, any foul or noxious substance or material.
(2) Hazardous materials (including used or spent fuel, oil, lubricants, grease, dope, paint, varnish, lacquer, solvent, acid, and any other hazardous liquids or fluids) shall be disposed of in a manner consistent with the practices recommended by the NFPA and in full compliance with these rules and regulations, the authority's SWPPP, the authority's SPCC plan, the authority's directives, and regulatory measures.
(i) Hazardous materials shall not be disposed of or dumped in drains, on aprons, in catch basins, in ditches, or elsewhere on the airports.
(ii) Used or spent engine oil shall be disposed of only at permitted waste oil stations or at approved disposal points.
(3) All empty cans, jars, bottles, and other containers for hazardous materials shall be removed from the airport in a timely manner, as determined by the authority, and shall not remain on the floor, wall stringers, or overhead storage areas of hangars, offices, shops, or other buildings.
(i) Hazardous materials shall not be stored in close proximity to operating aircraft, vehicles, equipment, or sources of heat nor be in excess of amounts needed as current inventory. All hazardous material shall be kept enclosed in a clearly marked and properly labeled container, the type and design of which must meet the approval of the authority and the fire department.
(a) Secondary containment is required for the storage of hazardous materials being stored in tanks, drums, or other similar storage receptacles.
(b) Fuels or deicing fluids in containers greater than 55 gallons shall not be stored without providing prior notification (and a copy of an SPCC plan) to the authority and the fire department.
(4) No hazardous materials shall be disposed of on the ground or into the air during aircraft preflight inspections.
(5) Any person who experiences and/or witnesses a release of hazardous materials shall fully comply with paragraph (p)(2) of this section and regulatory measures.
(p) Environmental (hazardous materials) clean up.
(1) The party responsible for an environmental incident (to include the overflowing or spilling of fuel, oil, lubricants, grease, dope, paint, varnish, lacquer, solvent, acid, or other hazardous material) is responsible for: the immediate mitigation and cleanup of the overflow or spill; proper disposal of the substance(s) and used cleanup materials; and immediate notification of the aircraft rescue and fire fighting division and the authority.
(i) In the event the authority determines the responsible party is unavailable or unable (or if the responsible party, after being notified by the authority, refuses or fails) to take the appropriate action to mitigate the adverse environmental incident in a timely manner (at the responsibly party's risk, cost, and expense), the authority may take action and/or employ those services that the authority determines are required to control and/or clean up the site at the risk, cost, and expense of the responsible party, without liability to the authority.
(2) Hazardous materials overflow or spills.
(i) In the event a hazardous materials overflow or spill occurs, regardless of the amount of the overflow or spill, the responsible party shall take appropriate action to contain the overflow or spill, notify the fire department, and clean up, mitigate, and remediate the site.
(ii) Minor hazardous materials overflow or spills. Overflows or spills of less than five gallons which do not compromise public safety. The responsible party shall:
(a) stop the source of the spill immediately;
(b) contain the spill with appropriate absorbent material(s);
(c) block all stormwater drains in the immediate area to prevent the spill from flowing into the drain(s);
(d) contact the authority;
(e) make a written record of all the details of the spill.
(iii) Major hazardous materials overflow or spills. Overflows or spills in excess of 5 gallons (or which compromises public safety), but less than 25 gallons or any spill causing an immediate threat to public safety. In addition to following all of the procedures in the “minor” hazardous materials overflow or spill response, the responsible party shall:
(a) determine the threat to the immediate public and make any arrangements to secure the safety of the immediate public (e.g., evacuation);
(b) assess the damage to land and/or ground water in conjunction with the authority;
(c) provide to the authority within five business days of the spill a written summary of the spill.
(iv) Serious hazardous materials overflow or spills. Overflows or spills in excess of 25 gallons which may pose a serious threat to the public safety. In addition to following all of the procedures in the “minor” and “major” hazardous materials overflow or spill response, the responsible party shall:
(a) provide to the authority within five business days of the spill a written summary of the spill which shall also identify the measures which the responsible party will take to eliminate the potential for such a spill in the future.
(3) Entities with fuel handling capability or responsibility for maintenance of fuel systems shall have on hand sufficient: containment booms to form a barrier around the spill; and sufficient absorbent material(s), booms, blankets, pads, pillows, and other clean-up materials available to pick up the spilled product and store it in a sealed salvage drum(s) until proper disposal can be made.
(q) Painting.
Doping, painting, or paint stripping shall only be performed in those facilities specifically approved for such activities and in accordance with the practices recommended by the NFPA and in full compliance with the authority's SWPPP and SPCC plan.
(r) Emergency conditions.
(1) Emergency conditions shall not mitigate or cancel these rules and regulations.
(2) Permits issued under these rules and regulations shall be rendered invalid until the emergency situation has been fully and completely resolved and normal operations have resumed.
(3) Emergency directives or procedures may be issued by the executive director or his/her designee which, upon promulgation, shall constitute a part of these rules and regulations and shall be effective as a part hereof. The executive director, or his/her designee, shall determine when normal operations may resume.
(s) Commercial filming.
(1) Commercial filming shall only be conducted by entities possessing written authorization from the authority except as provided for below:
(i) local television and news media;
(ii) commercial filming conducted entirely within a lessee's or sub-lessee's leased premises.
(2) All commercial filming shall be conducted in accordance with written authorization provided by the authority so as not to interfere with the public and aircraft operations.
(i) Any commercial filming crews requiring access shall be escorted by the authority.
(t) Safety management system.
Lessees, sub-lessees, operators, or permittees, engaged in any activity at the airport, whether using or occupying airport land and/or improvements or otherwise, shall adhere to the practices recommended by the Federal Aviation Administration (FAA) and shall fully comply with all safety management systems (SMS) regulations, or directives issued by the authority.
21 CRR-NY 176.3
Current through October 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.