N.Y. Comp. Codes R. & Regs. tit. 21 § 176.9

Current through Register Vol. 46, No. 51, December 18, 2024

Section 176.9 - Aircraft rules and regulations

(a) Regulatory measures.

Aeronautical activities shall conform to 14 Code of Federal Regulations (CFR), the Minimum Standards for Aeronautical Services (Minimum Standards), these rules and regulations, the instructions of the authority, the directives of the executive director, or ATC personnel.

(b) Derelict, non-airworthy, disabled, or abandoned aircraft.

(1) Only aircraft considered airworthy by the FAA shall use the airport for aircraft parking, staging, or storage.

(2) Aircraft may undergo major renovation or restoration as long as the aircraft is stored in a hangar or such other location as may be approved by authority in writing for such aircraft maintenance.

(3) Aircraft that are derelict or non-airworthy shall be promptly removed from the airport by the aircraft owner or aircraft operator unless otherwise authorized in writing by the authority.

(i) In the event the authority determines the aircraft owner or aircraft operator is unavailable or unable (or if aircraft owner or aircraft operator, after being notified by the authority, refuses or fails) to remove the derelict or non-airworthy aircraft in a timely manner (at aircraft operator's cost and expense), the aircraft may be removed by the authority at the risk, cost, and expense of the aircraft

owner or aircraft operator, without liability to the authority for damage arising from, out of, or related to, such removal.

(4) Aircraft owners or aircraft operators shall be responsible for the safe and prompt removal of disabled aircraft and any part thereof from a movement area to a designated non-movement area, unless otherwise required or directed by the authority, FAA, National Transportation Safety Board (NTSB), or agency having jurisdiction.

(i) In the event the authority determines the aircraft owner or aircraft operator is unavailable or unable (or if aircraft owner or aircraft operator, after being notified by the authority, refuses or fails) to remove the disabled aircraft in a timely manner (at aircraft operator's cost and expense), the aircraft may be removed by the authority at the risk, cost, and expense of the aircraft owner or aircraft operator, without liability to the authority for damage arising from, out of, or related to, such removal.

(5) Abandoning an aircraft on the airport is prohibited.

(c) Based aircraft registration.

(1) Based aircraft must be registered with the authority or through the FBO or SASO where the aircraft is based.

(2) Registration information shall include the following:

(i) aircraft make, model, registration number, and maximum gross landing

weight;

(ii) aircraft owner's and aircraft operator's (if different) name, address, and

phone number;

(a) if more than one person or entity owns and/or operates the aircraft, the name, address, and phone number of all owners and operators shall be provided;

(iii) a certificate of insurance identifying the minimum acceptable levels

established by the authority.

(3) Based aircraft operators must have a tiedown or hangar agreement with either the authority or an authorized FBO or SASO.

(d) Hours of operation.

The airport is available for use 24 hours per day, 7 days per week, unless closed by notice to airmen (NOTAM).

(e) Aircraft accidents.

(1) Aircraft operators involved in an aircraft accident shall make a full and complete report of the aircraft accident to the authority and appropriate agencies in a timely manner, complete any additional required forms and/or reports, and comply with NTSB regulations.

(i) The report shall include copies of any forms, reports, and/or documentation

provided to the NTSB, FAA, or other agencies having jurisdiction.

(2) Aircraft involved in an aircraft accident may not be removed from the scene of the aircraft accident until authorized by the authority who shall receive authorization from the FAA, NTSB, or other agencies having jurisdiction, as applicable.

(3) Once authorization to remove the aircraft has been issued, the aircraft owner or aircraft operator shall be responsible for the safe and prompt removal of the aircraft to return the airport back to normal operations.

(f) Prohibiting use of the airport.

(1) The authority shall have the right at any time and under any circumstance to close the airport or any portion thereof to air traffic, to prohibit aircraft arrivals, departures, or movement at the airport, to delay or restrict any flight or other aircraft operation, or to deny the use of the airport to any person(s) when the executive director considers such actions to be necessary and desirable in the interest of safety or security or when it is determined the operation of an aircraft would likely endanger persons or property.

(i) The authority, the FAA, or ATC may issue, modify, or cancel a NOTAM to

close or open the airport (or any portion thereof) or to restrict or terminate any

activity.

(ii) Under no circumstance shall an authorized airport closure or restriction

constitute grounds for reimbursement of any expense, cost, loss of revenue, or

damage which may be incurred by any lessee, sub-lessee, operator, permittee,

or user.

(g) Maintenance.

(1) Aircraft maintenance may only be performed within hangars or those areas identified by the authority and shall be limited solely to that specifically permitted by the type rating established by building and fire codes, and then, only in compliance with regulatory measures and with the instructions of the authority, the directives of the executive director, and the orders of the fire department.

(2) Aircraft painting or paint stripping shall be performed only in hangars or buildings specifically approved for these activities by an agency having jurisdiction.

(h) Cleaning.

(1) Aircraft cleaning shall only be performed in full and complete compliance with the authority's SWPPP.

(2) Aircraft cleaning occurring in locations other than approved aircraft wash racks shall be approved by the authority.

(i) Requests for permission shall include name of aircraft operator, location, time and duration, entity conducting aircraft washing, description of methods and materials to be used, and methods utilized to contain contaminated materials resulting from the activity.

(3) All residual fluids (cleaning byproducts) must flow to an oil/water separator or collection sump.

(4) It is recommended all aircraft cleaning be accomplished with biodegradable soap and without the use of solvents. When non-biodegradable soap and solvents are used for aircraft cleaning, these substances shall be disposed of in accordance with applicable regulatory measures.

(5) Aircraft, aircraft engines, and/or parts may be dry washed in areas not having an oil/water separator.

(i) Deicing.

Aircraft deicing (the removal of snow and/or ice with chemical substances) shall only be accomplished in the location(s) specified by the authority.

(j) Engine operation.

(1) Between the hours of 10 p.m. and 6 a.m., aircraft engine runups are not permitted except for runups required in preparation for aircraft departure.

(2) High power aircraft engine runups are to be performed only in areas designated by the authority.

(3) Aircraft engines shall not be started within any structure.

(4) Any person operating an aircraft engine in an area which is accessible to the public shall alert and take precautions to protect the public from potential hazards resulting from such operations.

(5) Starting an aircraft engine when there is flammable liquid on the ground in the immediate vicinity of the aircraft is prohibited.

(6) Aircraft controls shall be attended while aircraft engines are operating.

(7) Propeller, engine, and exhaust noises shall be kept to a minimum.

(k) Parking and storage.

(1) Aircraft shall be parked in such a manner as to be completely contained within the parking or tiedown space and shall not be positioned in such a manner so as to block a runway, runway approach zone, taxiway, taxilane, or obstruct access to hangars, parked or staged aircraft, parked or staged vehicles, equipment, gates, or fuel storage facilities.

(2) Aircraft operator is responsible for the security of the aircraft. The authority recommends that keys be removed from aircraft and doors and baggage compartments be locked.

(3) Unless otherwise provided in an agreement, no person shall use any area for the parking, staging, and storage of aircraft, without prior written permission of the authority.

(i) In the event a person uses any area of the airport for aircraft parking, staging, or storage without first obtaining the prior written permission of the authority, the authority may remove and store the aircraft at the risk, cost, and expense of the

aircraft owner or aircraft operator without liability for damage that may arise from such removal or storage.

(4) Aircraft operators shall ensure aircraft are properly secured, as set forth in advisory circular (AC) 20-35C, when parked and/or stored at the airport.

(5) Upon request of the authority, the aircraft owner or aircraft operator of any aircraft parked, staged, or stored shall move the aircraft to the location and/or position identified by the authority. In the event the aircraft owner or aircraft operator refuses, is unable, or unavailable, the authority may move the aircraft at the risk, cost, and expense of the aircraft owner or aircraft operator without liability for damage which may arise from such movement.

(l) Aircraft security.

(1) In the event the type, use, or condition of an aircraft requires that security be obtained, provided, and/or maintained for the aircraft, the aircraft owner or aircraft operator shall be responsible for such security and may only provide (and/or arrange for) such security after notification of and approval by the authority.

(2) Security measures shall not be employed as a means to hinder, delay, or prevent relocation or removal of aircraft at the direction of the authority.

(3) No person shall interfere or tamper with any parked, staged, or stored aircraft in contradiction to these rules and regulations without the aircraft owner's or aircraft operator's permission.

(m) Operations.

(1) All aircraft shall be operated in accordance with 14 CFR and other applicable regulatory measures based upon the type and use of the aircraft.

(2) Operating an aircraft in a careless, negligent, or reckless manner; in disregard of the rights, safety, or security of others; without due caution and circumspection; or at a speed or in a manner which endangers or is likely to endanger persons or property is prohibited.

(3) Aircraft operators shall obey all pavement markings, signage, and lighted signals unless instructed otherwise by ATC or the authority.

(4) Airborne radar equipment shall not be operated or ground-tested in an area where the directional beam of such radar, if high intensity (50KW or greater output), is within 300 feet or if low intensity (less than 50 KW output), is within 100 feet of another aircraft, refueling vehicle, or a fuel storage facility.

(5) Aircraft radio transmissions, if not for maintenance purposes, are prohibited while an aircraft is inside a hangar.

(6) The starting, positioning, or taxiing of aircraft shall be done in such a manner so as to avoid generating or directing any propeller slipstream or engine blast which may endanger persons or damage property.

(i) To avoid this situation, it may be necessary to tow the aircraft to a location or position where the propeller slipstream or engine blast will not endanger persons or damage property when the engines are started or operated.

(7) Aircraft shall not land, take off, taxi, park, or be staged in any area that has been restricted to a maximum weight bearing capacity of less than the maximum weight of the aircraft or on any closed runway or taxiway.

(i) It shall be the aircraft operator's responsibility to repair any damage to the authority's runways, taxiways, taxilanes, or aprons caused by excessive aircraft weight loading and/or other operations.

(n) Taxiing and towing operations.

(1) Aircraft shall not be taxied until the aircraft operator has ascertained (by visually inspecting the area) that there shall be no danger of collision with any person, structure, object, or property in the area.

(2) Aircraft shall not be taxied into, out of, or within any structure at the airport.

(3) Aircraft (other than unmanned aircraft) being taxied shall have a person at the controls of the aircraft who shall monitor the radio transmitting frequency in use by ATC. In the event the aircraft is not equipped with a radio or the radio is inoperative, the aircraft shall be moved only when accompanied by an escort vehicle equipped with an operating radio and an operating yellow rotating beacon or when, by prior coordination, directions are transmitted by ATC through the use of a light gun.

(4) Aircraft operators shall not taxi an aircraft at a speed greater than is reasonable and prudent under the conditions that exist with regard for actual and potential hazards and other aircraft so as not to endanger persons or property.

(5) Aircraft shall only be taxied or towed in areas normally used for operation of aircraft unless prior written approval has been provided by the authority.

(o) Rotorcraft operations.

(1) Rotorcraft shall park or operate only in areas designated by the authority for rotorcraft operations.

(2) Rotorcraft shall not be operated within 50 feet of any building or fuel storage facility.

(3) Rotorcraft shall not be operated within 100 feet of any area where light aircraft are parked or operating.

(p) Military operations.

Military operations are governed by a Joint Use Agreement with the 174th ANG.

(q) Noise abatement procedures.

Consistent with the aircraft operator's responsibility for fully complying with 14 CFR, the instructions of ATC personnel, and the operating parameters of the aircraft as set forth by the aircraft manufacturer, aircraft operators shall use procedures which minimize the noise impact on surrounding areas. This includes, but is not limited to, avoiding low altitude maneuvers, maintaining optimum power settings and operating altitudes, and

avoiding flights over populated areas.

(r) Fees.

(1) The authority has the right to establish reasonable and not unjustly discriminatory fees for use of the airport.

(2) Aircraft owners and operators shall have the responsibility to pay all fees, which may be established and assessed from time to time by the authority, unless exempt from payment of certain fees as may be stipulated in an agreement. Aircraft that may be exempt from authority fees include aircraft owned and/or operated by the United States of America, owned and/or operated by military forces of the United States of America, and operated by foreign military forces in support of allied military operations that do not utilize the airport significantly (as defined by the FAA).

(3) The authority shall have the authority to detain any aircraft for non-payment of any fees which are properly due to the authority.

(4) A schedule of rates, fees, and charges will be published by the authority.

(i) Any commercial aircraft, not a signatory to an agreement with the authority which otherwise establishes a landing fee, shall be charged a minimum landing fee of $100.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 176.9