N.Y. Comp. Codes R. & Regs. tit. 21 § 1260.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1260.1 - Definitions and conditions

The following terms as used in the rules and regulations set forth in this Article shall have the following meanings:

(a) Aircraft shall mean and include any and all contrivances now or hereafter used for the navigation of or flight in air or space, including but not limited to airplanes, airships, dirigibles, helicopters, gliders, amphibians and seaplanes.

(b) Fuel handling shall mean the transporting, delivering, fueling and draining of fuel waste products.

(c) Fuel storage area shall mean and include those portions of an air terminal designated temporarily or permanently by the Port Authority as areas in which gasoline or any other type of fuel may be stored, including but not limited to gasoline tank farms and bulkheads, piers, or wharves at which fuel is loaded.

(d) Jet aircraft shall mean and include any and all aircraft which are not propeller-driven, and which accomplish motion entirely as a direct reaction of the thrust of any engine, including but not limited to engines which operate on turbine, ram, rocket or nuclear principles.

(e) Manager shall mean the Port Authority manager or other Port Authority official in charge of an air terminal, or his duly authorized representative.

(f) Operational area shall mean any place on an air terminal not leased to anyone for exclusive use and not an air terminal highway, public vehicular parking area, public landing area, public ramp and apron area, public passenger ramp and apron area, public cargo ramp and apron area, public aircraft parking and storage area or fuel storage area.

(g) Operator shall mean the owner of an aircraft or any person who has rented such aircraft for the purpose of operation by himself or his own agents.

(h) Permission shall mean permission granted by the manager, unless otherwise specifically provided.

(i) Person shall mean any individual, firm, co-partnership, corporation, association, or company (including any assignee, receiver, trustee or similar representative thereof) or the United States of America of any foreign government or any state or political subdivision thereof, or the United Nations.

(j) Port Authority shall mean The Port Authority of New York and New Jersey.

(k) Port Authority rules and regulations shall mean the rules and regulations set forth in this Article.

(l) Public aircraft parking and storage areas.

(2) Condition. May be used for the purpose of parking and storing aircraft, for the purpose of servicing aircraft with fuel and lubricants and other supplies for use thereon, and for the purpose of making minor or emergency repairs to aircraft.

(m) Public cargo ramp and apron area.

(1) Definition. Shall mean and include those portions of an air terminal designated and made available temporarily or permanently by the Port Authority to the public for the loading or unloading of cargo (but not passengers) on and from aircraft.

(2) Condition. May be used for the purpose of loading and unloading cargo, mail and supplies to or from aircraft, for the purpose of servicing aircraft with fuel and lubricants, for the purpose of performing the operations commonly known as "ramp service," for the purpose of performing inspection, minor maintenance and other services upon or in connection with aircraft incidental to performing "ramp service," and for the purpose of parking mobile equipment actively used in connection with such operations.

(n) Public landing area.

(1) Definition. Shall mean and include those portions of an air terminal including runways, and taxiways designated and made available temporarily or permanently by the Port Authority to the public for the landing and taking-off of aircraft and other areas between and adjacent to said runways and taxiways.

(2) Condition. May be used for the purpose of landing and taking-off of aircraft and for the purpose of the ground movement of aircraft to, from and between runways, public cargo ramp and apron areas, public passenger ramp and apron areas, public ramp and apron areas, public aircraft parking and storage areas, and other portions of the air terminal.

(o) Public passenger ramp and apron area.

(2) Condition. May be used for the purpose of loading and unloading passengers, baggage and supplies to or from aircraft, for the purpose of servicing aircraft with fuel and lubricants, for the purpose of performing the operations commonly known as "ramp service," for the purpose of performing inspection, minor maintenance and other services upon or in connection with aircraft, incidental to performing "ramp service," and for the purpose of parking mobile equipment actively used in connection with such operations.

(p) Public ramp and apron area.

(1) Definition. Shall mean and include those portions of an air terminal designated and made available temporarily or permanently by the Port Authority to the public for loading or unloading of both passengers and cargo on and from aircraft.

(2) Condition. May be used for the purpose of loading and unloading passengers, baggage, cargo, mail and supplies to or from aircraft, for the purpose of servicing aircraft with fuel and lubricants, for the purpose of performing the operations commonly known as "ramp service," for the purpose of performing inspection, minor maintenance and other services upon or in connection with aircraft incidental to performing "ramp service," and for the purpose of parking mobile equipment actively used in connection with such operations.

(q) Air terminal highways may be used as a means of ingress and egress by highway vehicles to, from and between the city streets with which such highways connect and the various buildings and land areas at the air terminal abutting upon such highway; and sidewalks along such highways (and other portions of such highways when designated for that purpose) may be used by pedestrians as a means of ingress and egress to, from and between various portions of the air terminal. Sidewalks and other portions of highways designated for pedestrian use may also be used for picketing in connection with labor disputes, provided that such picketing does not unreasonably interfere with the use thereof by others, and provided that such picketing is conducted in the same peaceful and orderly manner as it is required by law and city regulation to be conducted upon city streets.

(r) Public vehicular parking area.

(1) Definition. Shall mean and include those portions of an air terminal designated and made available temporarily or permanently by the Port Authority to the public for the parking of vehicles.

(2) Condition. May be used for the purpose of parking highway vehicles.

(s) Hallways, corridors, lobbies and waiting rooms in passenger terminal buildings may be used as a means of ingress and egress to, from and between the air terminal highway and the ramp and apron space and other portions of the air terminal adjacent to such terminal building, and the immigration and customs space, and the various offices and places of business within the terminal building. Such hallways, corridors, lobbies and waiting rooms may also be used by incoming and outgoing passengers of aircraft while waiting the departure of aircraft or ground transportation, as the case may be, by friends and relatives of passengers bona fide for the purpose of meeting incoming passengers or accompanying outgoing passengers. In cases where counters are located in or along such hallways, corridors, lobbies and waiting rooms may also be used at such counters for the purpose of carrying on any transactions authorized by the lease, permit or license pursuant to which such counter is maintained and operated.

(t) Hallways, corridors and lobbies in buildings to which members of the public are admitted, other than passenger terminal buildings, may be used as a means of ingress and egress to, from and between the air terminal highways and other portions of the air terminal abutting upon such buildings, and the various offices and other places of business in such buildings.

(u) The preceding portions or areas of air terminals operated by the Port Authority shall be available for use for the following purposes; and such areas and portions of said air terminals may be used by members of the traveling public, by aircraft operators (and by officers and employees of aircraft operators), and by other persons, for such purposes and for such purposes only. The use of such areas and portions of air terminals for any other purposes is forbidden; and any right, permit, license or permission, express or implied, to enter upon, pass through or otherwise use any such areas or portions of said air terminals is subject to the conditions that they shall be used only for such purposes, and in the event any person shall use or atempt to use such areas or portions of said air terminals for any other purpose or purposes, or shall use the same for an authorized purpose but in a disorderly manner, then any right, permit, license or permission theretofore granted to him to use such space or portions of said air terminals for any purpose whatsoever shall forthwith cease and terminate without further action by the Port Authority. Nothing herein contained shall be construed to limit the use of any area or portion of any air terminal by officers or employees of the Port Authority, or by Port Authority contractors, or to prevent any policeman, fireman or other public officer or employee from entering upon any part of the air terminal when properly required so to do in the performance of his official duties. The use of the foregoing areas and portions of the air terminal is further conditioned upon compliance with, and the payment of such rates, fees or charges, such other rules and regulations as are now in effect or may from time to time be prescribed.

(v) As used herein, the words ingress and egress refer merely to the use of an area or portion of the air terminal as a means of going from one place to another without undue delay.

(w) Turbo-prop aircraft shall mean and include any and all aircraft which accomplish motion by means of a jet engine having a turbine driven propeller whose thrust may or may not be supplemented by that of hot exhaust gases issuing in a jet from the engine itself.

(x) Vehicle shall mean and include automobiles, trucks, buses, motorcycles, horse-drawn vehicles, bicycles, push carts and any other device in or upon or by which any person or property is or may be transported, carried or drawn upon land, except railroad rolling equipment or other devices running only on stationary rails or tracks, and except aircraft.

(y) Ground support equipment shall mean automotive vehicles, mobile equipment, omnibuses, tank vehicles, refueling service vehicles, and mobile refueling stations and any other equipment used to service aircraft except railroad rolling equipment or other devices running only on stationary rails or tracks and except aircraft.

(z) Public areas shall mean the public landing areas, public ramp and apron areas, public passenger ramp and apron areas, public cargo ramp and apron areas, public aircraft parking and storage areas, public vehicular parking areas and air terminal highways of an air terminal.

(aa) Flammable liquids shall mean any liquid which emits a flammable vapor at or below a temperature of 80 degrees Fahrenheit, as determined by flash point from Tagliabue open cup tester, and shall include any other combustible liquids currently used for aircraft fuels.

(bb) Cargo tank shall mean any tank used on a vehicle engaged in the transportation of flammable liquids, excluding any tank containing flammable liquids used solely for the propulsion of the vehicle itself, or for the operation of auxiliary engines.

(cc) Tank vehicle shall mean any vehicle used for the transportation of flammable liquids and the associated fueling or defueling of aircraft, and includes both tank trucks and tank semi- trailers.

(dd) Tank truck shall mean any single self-propelled tank vehicle having a cargo tank mounted thereon.

(ee) Tank semi-trailer shall mean any vehicle without motive power having a cargo tank mounted thereon or as an integral part thereof, and so constructed that when drawn by a tractor by means of a fifth-wheel connection some part of its load and weight rests upon the towing vehicle.

(ff) Fuel handling system shall mean the cargo tank, the entire system of cargo handling pipe to and from the discharge pumps, the discharge pumps and hose lines, together with the sump drain connections.

(gg) Full-trailer shall mean any vehicle without motive power, having cargo tank mounted thereon or as an integral part thereof, and so constructed that when drawn by a tractor by means of a fifth-wheel connection no part of its load or weight rests upon the towing vehicle.

(hh) Bottom loading shall mean the arrangement of product piping and valving so as to permit the filling of the cargo tank through the compartment manifold piping and the internal valves.

(ii) Refueling service vehicle shall mean any vehicle other than cargo tank vehicles, either self-propelled or without motive power, equipped with hose and other necessary appurtenances which can be utilized for transferring fuel from a fuel hydrant system into aircraft.

(jj) Mobile refueling station shall mean a tank truck especially designed and equipped to carry and transfer automotive fuel from refueling stations to and into refueling service vehicles.

(kk) Automotive vehicle shall mean all highway vehicles which are self-propelled. An omnibus is an automotive vehicle having a seating capacity of 10 or more adult passengers.

(ll) Mobile equipment shall mean any non-self-propelled highway vehicle or device in, or upon or by which any person or property is or may be transported, carried or drawn upon land.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1260.1