Current through Register Vol. 45, No. 52, December 27, 2023
(a)
Purpose.
The purpose of these rules and regulations is to protect the
public health, safety, interest, and general welfare of all users of the
Syracuse International Airport (SYR) and to regulate any activity or action
which would interfere with the safe, orderly, and efficient use of the
airport.
(b)
Applicability.
These rules and regulations apply to the Syracuse
International Airport, which consists of the property shown in the airport's
"airport property map" , and laid out according to the airport's "airport
layout plan" .
(c)
Governing body.
The Syracuse International Airport is owned by the City of
Syracuse (city) and operated by the Syracuse Regional Airport Authority
(authority) and governed by and through the board of the authority (board).
Under its enabling legislation (chapter 463 of the Laws of 2011 [Title 34 of
the Public Authorities Law of the State of New York]), and its lease from the
city, the power to:
(1) grant the
occupancy, use or development of land and improvements at the
airport;
(2) grant the right to engage in any
commercial aeronautical activity at the airport; and
(3) approve, adopt, amend, or supplement any
agreement, policy, or practice relating thereto, including these rules and
regulations, is expressly reserved to the authority.
(d)
Airport management.
(1) The executive director is responsible for
the operation, management, maintenance, and security of the airport and all
authority operated land, infrastructure, improvements, vehicles, and equipment.
(i) The executive director shall at all times
have authority to take such action as may be necessary to safeguard the people
in attendance at, or using, the airport and to maintain and enforce all of
these rules and regulations.
(2) The board has authorized and directed the
executive director to interpret, administer, and enforce agreements and these
rules and regulations.
(3) All
official inquiries regarding these rules and regulations or compliance
therewith should be directed to the executive director.
(e)
Authority to adopt and
revise.
(1) These rules and
regulations are promulgated in accordance with section 2799-hhh(4) of the NY
Public Authority Law, which grants the authority the power to establish "such
schedules and standards of operations and such other rules and regulations ...
as it may deem necessary, convenient or desirable for the use ... of any
services operated or managed by the authority. "
(2) These rules and regulations may be
revised by the board, or the authority to revise may be delegated, in whole or
in part, to the executive director.
(f)
Definitions.
All defined words herein are capitalized throughout these
rules and regulations and defined in section 176.2 of this Part.
(g)
Airport sponsor
assurances.
As set forth by the Federal Aviation Administration (FAA), by
way of the airport sponsor assurances, any airport developed with Federal grant
assistance is required to operate for the use and benefit of the public and
shall be made available to all types, kinds, and classes of aeronautical
activities on reasonable terms and without unjust discrimination.
(h)
Effective date.
These rules and regulations shall be in effect and shall
remain in effect, unless repealed by the authority, from the date of adoption
by the board.
(i)
Compliance with regulatory measures and agreements.
All entities occupying, using, or developing authority land
or improvements or engaging in an aeronautical activity shall comply, at the
entity's cost and expense, with all applicable regulatory measures including
those of Federal, State, and, to the extent not superseded or displaced by
these rules and regulations, of local governments and any other agency having
appropriate jurisdiction over the airport, entities operating at the airport,
and the activities occurring at the airport.
(j)
Conflicting regulatory measures
and agreements.
If a provision of these rules and regulations is found to be
in conflict with any provision of any applicable regulatory measure or
agreement (if provided for in the agreement), the provision that establishes
the higher or stricter rule or regulation shall prevail to the extent permitted
by law.
(k)
Prior
regulatory measures superseded.
Per NY Public Authorities Law section 2799-h hh(4), in the
case of any conflict between any rule and regulation issued by the authority
pursuant to subdivision (e) of this section and any local law, local ordinance,
local rule or local regulation, such rule or regulation of the authority shall
prevail.
(l)
Severability.
If one or more clauses, sections, or provisions of these
rules and regulations shall be held to be unlawful, invalid, or unenforceable
by final judgment of any agency or court of competent jurisdiction, the
invalidity, voiding, or unenforceability of such clauses, sections, or
provisions shall not in any way affect the validity of any other clauses,
sections, or provisions of these rules and regulations.
(m)
Subordination.
These rules and regulations are subject and subordinate to
the provisions of any agreements between the authority and the State of New
York or the United States Government pertaining to the planning, development,
operation, and management of the airport and are specifically subordinated to,
and shall be construed in accordance with, the airport sponsor
assurances.
(n)
Notices, requests for approval, applications, and other filings.
Any notice, request for approval, application, or other
filing required or permitted to be given or filed with the authority shall be
in writing and directed to the executive director. Any notice or communication
required or permitted to be given or filed with any existing or prospective
lessee, sub-lessee, operator, permittee, or user pursuant to these rules and
regulations shall be in writing, signed by the entity giving such notice. All
notices or
other communications shall be hand delivered or sent by
overnight courier, United States certified mail, facsimile (confirmed by dated
return signature), electronic mail (confirmed by dated and signed receipt), and
shall be deemed effective when actually received by the authority or the entity
at its principal place of business or such other address as may have been
provided to the other party in writing from time to time.
(o)
Amendments.
(1) To the extent such authority has been
delegated by the board, these rules and regulations may be supplemented,
amended, or modified in writing from time to time and in such a manner and to
such extent as is deemed appropriate by the executive director.
(2) The authority, as is deemed appropriate,
may issue specific rules, regulations, notices, memoranda, directives,
covenants, restrictions, or conditions from time to time.
(p)
Variance or exemption.
(1) Requests for variances or exemptions
shall be submitted in writing to the executive director and must include the
following:
(i) the specific provision of
these rules and regulations for which the variance or
exemption is sought;
(ii) describe the proposed variance or
exemption;
(iii) state the reason
for the proposed variance or exemption;
(iv) identify the anticipated impact on the
authority and the airport, as well as
other entities, users and the public; and
(v) identify the duration of the proposed
variance or exemption.
(2) Each variance or exemption shall be
requested and approved (or denied) separately.
(3) The authority has the right, but is not
obligated, to approve variances or exemptions to these rules and regulations
when a specific clause, section, or provision may not be justified in a
particular case because of special conditions or unique
circumstances.
(4) Prior to
approving or denying variances or exemptions, the authority shall conduct a
review of all relevant information to include those items described in
subdivision (q) of this section as well as any other information that may be
requested or required by the authority.
(5) Authority approval or denial of a
variance or exemption shall be provided in writing.
(i) If approved, the variance or exemption
shall only apply to the special
conditions or unique circumstances of the particular case for
which the variance
or exemption is granted.
(ii) Authority approval of a variance or
exemption shall not serve to supplement,
amend, or modify these rules and regulations.
(iii) Requests for variance or
exemption can be denied in accordance with
subdivision (r) of this section.
(q)
Possible grounds for
rejecting proposal, application, or variance.
(1) In the sole opinion of the authority, any
entity's proposal, request for variance or exemption, or any application may be
rejected for any one or more of the following:
(i) the entity, for any reason, does not
fully meet the qualifications, standards, and requirements established by the
authority;
(ii) the proposed use of
the airport will create a safety or security hazard; (iii) the authority would
be required to expend funds and/or supply labor and/or materials in connection
with the proposed use of the airport that the authority is unwilling and/or
unable to spend and/or result in a financial loss or hardship to the
authority;
(iv) the proposed use of
the airport may result in a financial loss or hardship to the
authority;
(v) no appropriate,
adequate, or available land and/or improvement exists to accommodate the
proposed use of the airport (at the time the proposal or application are
submitted), nor is such availability contemplated within a reasonable period of
time;
(vi) the proposed use of the
airport does not comply with the master plan or airport layout plan (ALP)
currently in effect or anticipated to be in effect within the period of time
proposed;
(vii) the proposed use of
the airport will result in congestion of aircraft, unduly interfere with
activities of any existing lessee, sublessee, operator, permittee, or user
and/or prevent adequate access to the leased premises of any existing lessee or
sublessee, in the sole discretion of the authority; (viii) the entity has
intentionally or unintentionally misrepresented or omitted a material fact in a
proposal, on an application, and/or in supporting documentation;
(ix) the entity has failed to make full
disclosure in the proposal, on the application, and/or in supporting
documentation;
(x) the entity or an
officer, director, agent, representative, shareholder, or employee of the
entity has a record of violating the regulatory measures of the authority, any
other airport sponsor, the FAA, or any other regulatory measure applicable to
the airport and/or the entity's proposed use of the airport; (xi) the entity or
an officer, director, agent, representative, shareholder, or employee of the
entity has ever defaulted in the performance of any agreement with the
authority or at any other airport;
(xii) the entity does not demonstrate
adequate financial capacity or responsibility to undertake the proposed use of
the airport; (xiii) the entity cannot obtain a bond or insurance in the type
and amounts required by the authority for the proposed use of the airport;
(xiv) the entity or an officer, director, or shareholder has been convicted of
a felony; (xv) the entity's proposed use of the airport has been or could be
detrimental to
the authority, the airport(s), the lessees, sublessees,
operators, permittees, or
users at the airport, or the public;
(xvi) the entity seeks terms and conditions
which are inconsistent with the
authority's policies as stated in any request for
qualifications and/or proposals
issued by the authority;
(xvii) the entity's interests and/or the
proposed use of the airport are inconsistent
with the authority's mission, vision, values, goals, or
objectives, the best interest
of the authority, or airport sponsor assurances.
(r) Applicability.
These rules and regulations specify the rules and regulations
for use of the airport that must be met by all lessees, sub-lessees, operators,
permittees, and users.
(s)
Distribution.
(1) These rules and regulations shall be
available via the authority's website. Lessees and sub-lessees controlling
exclusive leased premises shall be responsible for distribution of these rules
and regulations to their employees, sublessees, contractors, subcontractors,
and visitors.
(2) Special notices,
advisories, or directives of an urgent or short-term operational nature shall
be issued by the authority.
(i) If
appropriate and necessary, these special notices, advisories, or directives
will be incorporated into these rules and regulations upon revision.
(t)
Appeals.
(1) An entity aggrieved by a
decision of the authority may appeal such decision to the executive
director.
(2) The entity shall
submit all appeals from a decision of the authority in writing, to the
executive director within 10 calendar days of the occurrence allegedly giving
rise to the appeal. Any appeal not timely submitted to the executive director
will not be considered.
(3) The
executive director shall respond to such written appeal within a reasonable
time by either:
(i) making a written
determination with respect to the appeal, and either granting or denying said
appeal in whole or in part; or
(ii)
making a written request for additional information, which should be provided
by the entity within the time frame set forth in the request. If the additional
information is not provided by the entity within the time specified, the appeal
shall be deemed denied.
(4) If requested by the executive director, a
meeting may be held. If such a meeting is held, the executive director shall
have a reasonable time following the meeting to make a written
determination.
(5) If lessee,
operator, or permittee has filed a dispute, the lessee, operator, or
permittee shall diligently continue performance of its
agreement with the authority, including but not limited to the payment of all
fees, while the appeal is pending, and regardless of the outcome of such
appeal.
(u)
Rights and privileges reserved.
In addition to the following enumerated reserved rights and
privileges, the authority reserves all the rights and privileges outlined under
applicable regulatory measures and the airport sponsor assurances as such
rights and privileges may be amended from time to time.
(1) The authority reserves the right for the
use of the airport by other entities who may desire to use the same pursuant to
applicable regulatory measures pertaining to such use.
(2) The authority reserves the right to
designate specific areas for activities in accordance with the currently
adopted ALP, as may be amended from time to time. Such designation shall give
consideration to the nature and extent of current and/or future activities and
the land and/or improvements that may be available and/or used for specific
activities and shall be consistent with the safe, secure, orderly, and
efficient use of the airports.
(3)
It is the policy of the authority that any use, occupancy, construction, or
modification of land and/or improvements that is inconsistent with the ALP is
objectionable. Any development that is substantially different than that
depicted on the ALP could adversely affect the safe, secure, orderly, or
efficient development or use of the airports. Nothing contained in these rules
and regulations shall require or obligate the authority to apply to the FAA for
approval of the revision of the ALP on behalf of a prospective lessee,
sub-lessee, operator, or permittee.
(4) The authority reserves the right to
develop the airport and make any airport improvements and/or repairs that it
deems necessary. Except in cases determined by the authority to constitute an
emergency, the authority will provide advance notice of the date and time to
impacted entities that such development, improvements, and/or repairs will be
made. The authority shall not be obligated to reimburse or compensate any
lessee, sub-lessee, operator, or permittee, or any other entity for any cost
and/or expense incurred, loss of revenue, or inconvenience that may result from
such development, improvement, and/or repair.
(5) The authority reserves the right to
prohibit any entity from using the airport, engaging in activities at the
airport, and/or revoke or suspend any privileges granted to any lessee,
sub-lessee, operator, permittee, or user upon determination by the authority
that such lessee, sub-lessee, operator, permittee, or user has not complied
with these rules and regulations, or has otherwise jeopardized the safety or
security of entities or the land and/or improvements located at the
airport.
(6) The authority reserves
the right to lease the airport or portions thereof during war or national
emergency to the United States Government for military use.
(7) The authority is under no obligation to
provide financing and/or make any enhancements to land and/or improvements to
facilitate any development or consummate any proposed agreement.
(i) The authority is under no obligation to:
(a) pursue Federal, State, or other funds to
contribute to such development; or
(b) provide matching funds if required to
secure such funding.
(8) The authority reserves the right to take
such actions as it may deem necessary, appropriate, and/or in the best
interest(s) of the authority in preserving and protecting the assets of the
authority, protecting the safety and security of the people who work at and use
the airports, and maintaining the integrity of the authority's mission, vision,
values, goals, or objectives.
