N.Y. Comp. Codes R. & Regs. tit. 21 § 176.2

Current through Register Vol. 46, No. 51, December 18, 2024
Section 176.2 - Definitions

Defined words shall be construed as defined unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly ascribed to the use of such words or phrases.

(a)Abandoned property (other than aircraft or vehicles).

Any property left on the airport for 48 hours without the owner moving or claiming it.

(b)Abandoned vehicle.

Any vehicle that has remained stationary at the airport in excess of 30 days, and/or is in a condition that would render the vehicle non-drivable, including expired license plates, missing tire, and/or broken window, without notice to the appropriate airport department.

(c)Accident.

A collision or other contact between any part of an aircraft, vehicle, equipment, person, stationary object and/or other thing which results in property damage, personal injury, or death; or an entry into or emergence from a moving aircraft, vehicle, or equipment by a person which results in personal injury or death to such person or some other person or which results in property damage.

(d)Advisory circular (or AC).

A document issued by the FAA to help explain the intent of a regulatory measure, to provide guidance and information to the aviation public in a designated subject area, or to show an acceptable method for complying with a related regulatory measure, as may be amended from time to time.

(e)Aeronautical service(s) (or service[s]).

Any activity or service that involves, makes possible, facilitates, is related to, assists in, or is required for the operation of aircraft or another aeronautical activity, or which contributes to or is required for the safety of such operations because of their direct relationship to the operation of aircraft or the airport, can appropriately be regarded as an aeronautical service.

(f)Agency.

Any Federal, State, or local governmental entity, unit, organization, or authority.

(g)Agreement.

Any written contract (e.g., lease agreement, sublease agreement, permit, etc.) enforceable by law, entered into by the authority, or for which the authority's consent has been given, granting a concession, transferring rights or interest in land and/or improvements, and/or otherwise authorizing the conduct of certain activities or uses of the airport.

(h)Air carrier.

An entity engaged in the business of scheduled or non-scheduled commercial transportation by air of persons, property, or mail.

(i)Air operations area (or AOA).

A portion of the airport that includes aircraft movement areas, aprons, and safety areas, and any adjacent areas that are not separated by adequate security systems, measures, or procedures; generally, any area within the perimeter fence.

(j)Air traffic control (or ATC).

A service operated by appropriate authority to promote the safe, secure, orderly, and expeditious flow of air traffic or a service operated by appropriate authority sanctioned and certified by the FAA for the control, separation, and movement of aircraft in the air or on the surface of the airport.

(k)Aircraft.

A device that is used or intended to be used for flight in the air.

(l)Aircraft maintenance.

The repair, maintenance, alteration, calibration, adjustment, preservation, or inspection of aircraft airframe and powerplant, as described in 14 CFR part 43.

(m)Aircraft operator.

An entity who uses, causes to be used, or authorizes to be used an aircraft, with or without the right of legal control as owner, lessee, or otherwise, for the purpose of air navigation including the piloting of aircraft or the operation of aircraft on any part of the surface of the airport.

(n)Aircraft and passenger liability.

An insurance policy to cover liability to include bodily injury, property damage, and passenger injury for all owned, leased, or operated aircraft.

(o)Airport.

All land, improvements, and appurtenances within the legal boundaries as it now exists on the airport layout plan (or exhibit A of the most recent FAA grant) and as it may hereinafter be extended, enlarged, or modified at Syracuse International Airport (SYR).

(p)Airport layout plan (or ALP).

The currently approved drawing depicting the physical layout of an airport and identifying the location and configuration of current and proposed runways, taxiways, buildings, roadways, utilities, navaids, etc.

(q)Airport Operations Control Center (or AOCC).

The control center for the Airport Operations Department.

(r)Airport Operations Department.

Personnel who are responsible for maintaining the safety and regulatory compliance of the airport.

(s)Airport sponsor assurances.

Those contractual obligations that are described by law in 49 U.S.C. 47107 and are undertaken by a public airport sponsor as a condition of receipt of Federal airport development grants or Federal surplus property and those contractual obligations which comprise the State of New York Aviation Program Assurances, as may be amended from time to time.

(t)Airside.

The runways for landing and taking off of aircraft, designated helipads, taxiways and taxilanes for ground movement of aircraft, and aprons for parking, loading, unloading, fuel handling, and servicing of aircraft.

(u)Apron.

Those owned, leased, or managed paved areas within the movement area and non-movement area designated by the authority for the loading or unloading of passengers or cargo or the servicing and/or parking of aircraft.

(v)Avgas (or aviation gasoline).

Fuel commonly utilized to power piston-engine aircraft.

(w)Based aircraft.

Any aircraft with an assigned tiedown or hangar space whose owner or aircraft operator is utilizing the airport as a base of operation.

(x)Board.

The governing body of the authority consisting of 11 members who are appointed pursuant to NY Public Authorities Law section 2799-ddd.

(y)Cargo.

Anything transported for hire in an aircraft, excepting human beings.

(z)Certificates of insurance.

A certificate provided by and executed by a permittee's insurance company evidencing the insurance coverages of the permittee.

(aa)Code of Federal Regulations (or CFR).

The codification of the general and permanent rules published in the United States Government Federal Register by the executive departments and agencies of the United States Government, divided into 50 titles that represent broad areas subject to Federal regulation, updated once each calendar year and issued quarterly.

(ab)Commercial.

An activity undertaken with the intent to generate and/or secure earnings, income, or compensation (including exchange or barter of goods and services), and/or profit, whether or not such intents are accomplished.

(ac)Commercial general liability.

An insurance policy that covers liability for damages due to bodily injury, personal injury, property damage, contractual liability, aviation related products and completed operations and if applicable, use of unlicensed vehicles that in any way arise from the use of the leased premises and operations or activities of the entity.

(ad)Commercial filming.

Includes still, motion, or sound motion pictures or voice recordings for commercial purposes.

(ae)Common use gates.

Includes all gates which provide access to the AOA which are not preferentially under control of any tenant and/or lessee or any other person.

(af)Compensation.

Any form of reimbursement for goods or services such as monetary, exchange, barter, favors, gratuity, etc.

(ag)Department of Homeland Security (or DHS).

A single, integrated executive department (combining Federal, State, and local responsibilities) of the United States Government focused on protecting the American people and their homeland. It was established by the Homeland Security Act of 2002.

(ah)Department of Transportation (or DOT).

The cabinet department of the United States Government concerned with transportation. It was established by an act of Congress on October 15, 1966 and began operation on April 1, 1967.

(ai)Derelict.

Property that is in poor condition as a result of disuse or neglect.

(aj)Emergency vehicle.

Vehicle of any agency providing law enforcement, fire protection, rescue, emergency medical or ambulatory transportation, or any vehicle transporting an authority official or employee in response to an official emergency call.

(ak)Employee(s).

Any individual employed by an entity which collects and pays all associated taxes on behalf of employee. The determination of status between employee and contractor shall be made according to the current Internal Revenue Service standards.

(al)Entity (or entities).

Includes a person; persons; firm; partnership; limited liability partnership or corporation; agency; unincorporated proprietorship, association, or group; or corporation other than the authority, and includes any trustee, receiver, assignee, or other similar representatives.

(am)Environmental liability.

An insurance policy to cover liability to include bodily injury, property damage, and environmental damage resulting from sudden and accidental releases of pollution, and covering related or resultant cleanup and/or remediation costs arising out of the occupancy and use of the leased premises and/or the airport.

(an)Environmental Protection Agency (or EPA).

The agency within the United States Government that has the responsibility for enforcing the environmental regulations or laws enacted by Congress. It was established by an act of Congress on December 2, 1970.

(ao)Exclusive area agreement (or EAA).

An agreement between the authority and one or more air carriers or FAA approved party by which the air carrier(s) or FAA approved party assumes exclusive security responsibility for a clearly defined part of the airport, pursuant to applicable FAA regulations.

(ap)Executive director.

The executive director of the authority or such other person as the executive director may designate.

(aq)Federal Aviation Administration (or FAA).

The agency within the Department of Transportation of the United States Government that has the responsibility of regulating aeronautical activities. It was established by an act of Congress on April 1, 1967.

(ar)Fence barrier.

Includes all wire fencing, airport buildings, masonry barriers, and/or any such structure that now or shall in the future enclose airport property which has direct access to the AOA.

(as)Fence barrier opening.

Includes all openings controlled by gates and/or doors that are part of the fence barrier (i.e., wire gates both pedestrian and vehicular) and all doors located on or within buildings that form part of the barrier and open onto the AOA.

(at)Fire department.

Syracuse Fire Department, Station 4, Aircraft Rescue and Fire Fighting (ARFF), which is responsible for firefighting at the airports.

(au)Fixed base operator (or FBO).

A commercial operator engaged in the sale of products and services and/or subleasing of facilities to aircraft operators and specialized aviation service operators (SASOs) as further defined in the minimum standards.

(av)Fuel.

Any substance (solid, liquid, or gas) used to operate any engine in aircraft, vehicles, or equipment.

(aw)Fuel handling.

The transporting, delivering, fueling, defueling, dispensing, or draining of fuel or fuel waste products.

(ax)General aviation.

All aviation with exception of scheduled air carrier (including passengers and cargo) and government. General aviation aircraft are utilized for commercial and non-commercial purposes including business, corporate, recreational/pleasure, charter/air taxi, industrial, agricultural, special purpose, and instructional.

(ay)Ground transportation services.

Providing transportation of a passenger by any vehicle, including a taxi cab, limousine, van or bus, in any business, trade or commercial transaction.

(az)Hangar.

Any fully or partially enclosed storage facility for an aircraft.

(ba)Hangar keeper's liability.

An insurance policy that covers liability to include property damage for all non-owned aircraft under the care, custody, and control of operator.

(bb)Hazardous materials.

A substance, item, or agent (biological, chemical, physical) which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors.

(bc)Improvements.

Any item constructed, installed, or placed on, under, or above any land on the airport. Examples include buildings, structures, facilities, pavement, fencing, gates, landscaping, etc.

(bd)Immediate family.

One's parents, siblings, spouse, and children.

(be)Jet fuel.

Fuel commonly utilized to power turbine-engine (turboprop and turbojet) aircraft.

(bf)Landside.

All airport operations outside of the air operations area (AOA).

(bg)Law enforcement officer.

A public-sector employee or agent charged with upholding the peace, who is empowered to effect an arrest with or without warrant, and who is authorized to carry a firearm in the performance of that person's duties.

(bh)Leased premises.

The land and/or improvements used exclusively under agreement by a lessee or sub-lessee for the conduct of the lessee's or sub-lessee's activities.

(bi)Leasehold development standards.

The criteria set forth by the authority to guide the development and improvement of leased premises, as may be amended from time to time.

(bj)Lessee.

An entity that has entered into an agreement to occupy, use, and/or develop land and/or improvements and engage in activities.

(bk)Light aircraft.

Aircraft having a maximum takeoff weight of 12,500 pounds or less.

(bl)Loitering.

Remaining in an area for no obvious reason or not being able to give a satisfactory explanation of one's presence in an area.

(bm)Master plan.

An assembly of appropriate documents and drawings covering the development of an airport from a physical, economic, social, and political jurisdictional perspective, adopted by the authority. The master plan forecasts, selection of critical aircraft, and ALP are part of the master plan and are approved or conditionally approved by the FAA.

(bn)Master site development plan.

A comprehensive plan that provides strategies for marketing, financing, and developing future aviation and non-aviation developments within an airport's boundaries. This plan addresses existing and future transportation linkages, multi-modal opportunities, building uses, building configurations, building areas and densities, road networks, wetlands and topography, utilities infrastructure, and regulatory and environmental considerations in an effort to create a realistic vision of an airport's potential with proper long-term developmental planning.

(bo)Minimum standards.

Those qualifications, standards, and criteria set forth by the authority as the minimum requirements to be met as a condition for the right to engage in commercial aeronautical activities at the airport, as may be amended from time to time.

(bp)Movement area.

The runways, taxiways, and other areas which are utilized for taxiing, hover taxiing, takeoff, and landing of aircraft, exclusive of aprons. It includes all areas under the direct and positive control of ATC (when in existence or operation). Specific approval for entry onto the movement area must be obtained from ATC.

(bq)National Fire Protection Association (or NFPA).

All codes, standards, and rules contained in the Standards of the National Fire Protection Association, as may be amended from time to time.

(br)Non-commercial.

Not for the purpose of securing earnings, income, compensation (including exchange or barter of goods and services), and/or profit.

(bs)Non-movement area.

Those portions of an airport where aircraft are taxied or moved without entering or crossing a parallel taxiway or runway consistent with the letter of agreement with ATC (if applicable).

(bt)Notice to airmen (or NOTAM).

Guidelines regarding aeronautical operations issued by a representative of the FAA, the airport operations, ATC, or other authorized agency.

(bu)Object free area (or OFA).

An area on the ground centered on a runway, taxiway, or taxilane centerline provided to enhance the safety of aircraft operations by having the area free of objects, except for objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes.

(bv)Operator.

An entity that has entered into an agreement to engage in commercial aeronautical activities.

(bw)Owner.

The entity who has legal title or right to that which is owned.

(bx)Passenger terminal.

The building at Syracuse International Airport where the passenger processes of ticketing, baggage check-in, security screening, aircraft boarding, baggage claim, customs, and immigration are accomplished.

(by)Paved.

Covered with asphalt or concrete that forms a firm level surface.

(bz) Permit.

A license issued by the authority to an entity authorizing conduct of certain activities or uses at the airport(s).

(ca)Permittee.

An entity who has a permit to engage in a specific commercial or non-commercial activity, within the confines of the permit.

(cb)Person.

Any individual, firm, partnership, corporation, association, or company (including any assignee, receiver, trustee or similar representative thereof) or the United States of America or any foreign government or any state or political subdivision thereof.

(cc)Private vehicle.

Any vehicle operated for transportation of persons or baggage for which no revenue is being derived either directly or indirectly.

(cd)Property.

Any tangible or intangible possession that is owned by an entity.

(ce)Public areas.

Those areas normally used by the general population. Such areas include viewing areas, roadways, walkways, sidewalks, and vehicle parking lots. Public areas do not include the areas leased by commercial businesses unless such businesses so designate certain areas as public use areas. Public areas do not include restricted areas, or employee parking lots.

(cf)Readily available.

Conveniently located, in close proximity, and accessible, but not necessarily located on the leased premises.

(cg)Refueling vehicle.

Any vehicle or equipment used for fuel handling.

(ch)Regulatory measures.

Federal, State, and to the extent not preempted or in conflict with these rules and regulations local, and authority, laws, codes, ordinances, policies, resolutions, directives, rules, and regulations, minimum standards for aeronautical services including, without limitation, those of the DOT, FAA, TSA, EPA, DHS, and NFPA; all as may be in existence, hereafter enacted, and amended from time to time.

(ci)Restricted area.

Areas of the airport, other than public areas, wherein entry or use thereof is restricted to authorized personnel (pursuant to applicable regulatory measures) including but not limited to: the AOA, runways, taxiways, taxilanes, and fire lanes, maintenance facilities, mechanical rooms, electrical vaults, fire breaks and any other areas marked as such with signage.

(cj)Rules and regulations.

The rules and regulations set forth by the authority for the safe, secure, orderly, and efficient use of the airport, as may be amended from time to time.

(ck)Runup.

Aircraft engine operation above normal idle power for purposes other than initiating or sustaining taxiing or takeoff.

(cl)Runway.

An area developed and improved for the purpose of accommodating the landing and takeoff of aircraft.

(cm)Safety Management System (or SMS).

The formal, top-down business approach to managing safety risk, which includes a systemic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures.

(cn)Security identification area (or SIDA).

Any area identified by the authority as requiring continuous display of an airport identification badge, or an escort by a person authorized to provide escort in such areas.

(co)Self-fueling.

The fueling of an aircraft by the aircraft owner, or the owner's employee, using the owner's vehicles, equipment, and resources.

(cp)Self-service.

The servicing of an aircraft by the aircraft owner or the owner's employee, using the owner's vehicles, equipment, and resources.

(cq)Specialized aviation service operator (or SASO).

As defined in the airport's minimum standards for aeronautical services.

(cr)Spill prevention, control, and countermeasures plan (or SPCC).

A written contingency plan defined by the EPA that covers procedures, points of contact, the chain of command, and individual responsibilities for preventing and controlling spills.

(cs)Standard operating procedures (or SOP).

Written instructions which describe procedures designed to achieve uniformity when performing a specific function.

(ct)Sterile area.

The area in the passenger terminal beyond the security screening checkpoint(s).

(cu)Storm water pollution prevention plan (or SWPPP).

The authority's plan that identifies the controls that have been put in place to minimize the impact of storm water discharges on the environment.

(cv)Sublease.

An agreement entered into by an entity with a lessee that transfers rights or interests in the lessee's leased premises and is enforceable by law.

(cw)Sub-lessee.

An entity that has entered into a sublease with a lessee.

(cx)Syracuse Regional Airport Authority (or authority).

Manager of the Syracuse International Airport which is governed by the board of the authority. The Syracuse Regional Airport Authority was established pursuant to chapter 463 of the Laws of 2011 (title 34 of the Public Authorities Law of the State of New York).

(cy)Taxilane.

The portion of the aircraft parking area used for access between taxiways and aprons which is not considered movement area.

(cz)Taxiway.

A defined path, usually paved, over which aircraft can taxi from one part of an airport to another (excluding the runway) which is considered movement area.

(da)Tiedown.

An area paved or unpaved suitable for parking and mooring of aircraft wherein suitable tiedown points and equipment to facilitate aircraft tiedown are located.

(db)Through-the-fence.

Having direct access to the airport's runways and taxiways from private property located contiguous to the airport. Through-the-fence operators and permittees, while being located off-airport property, have access to the airport's runway and taxiway system.

(dc)Transient aircraft.

Any aircraft utilizing the airport for occasional transient purposes that is not based at the airport.

(dd)Transportation Security Administration (or TSA).

The agency within the Department of Homeland Security of the United States Government responsible to safeguard United States transportation systems and ensure secure air travel. It was established by the Aviation and Transportation Act, passed on November 19, 2001.

(de)Users.

Lessees', sub-lessees', operators' and permittees' employees, sub-lessees, contractors, subcontractors, and visitors and all other entities that use the airports.

(df)Vehicle.

Any device that is capable of moving itself, or being moved, from place to place upon wheels, but does not include any device designed to be moved by human muscular power or designed to move primarily through the air.

(dg)Vehicle operator.

Any person who is in actual physical control of a vehicle.

(dh)Vehicular liability or business automobile liability.

An insurance policy that covers liability to include bodily injury and property damage for all vehicles arising out of the use, loading, and unloading of owned, non-owned, or hired vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 176.2