General Provisions for All Guiding Documents

_________________________________

Kelly Braun

Airport Manager

 Approved: 10-13-2013

AMENDMENTS 

ARTICLE 1: GENERAL PROVISIONS

1.1       Purpose

1.1.1       The Dickinson Municipal Airport Authority being in a position of responsibility for the administration, operations, maintenance, and safety of the Dickinson Theodore Roosevelt Regional Airport, Dickinson, Stark County, North Dakota, and:

1.1.1.1    In order to insure the availability of adequate aeronautical services and facilities for the users of Dickinson Theodore Roosevelt Regional Airport and,

1.1.1.2    To encourage the orderly development of Dickinson Theodore Roosevelt Regional Airport and its activities and,

1.1.1.3    To foster the economic health and orderly development of commercial aeronautical operators at Dickinson Theodore Roosevelt Regional Airport and further,

1.1.1.4    To promote economic development in the southwest region of North Dakota,

1.1.2       Herein provide the following General Provisions to conduct any and all activities (aeronautical and non-aeronautical) on the airport and for a person, persons, firm, or corporation based upon and engaged in one or more aeronautical activities at Dickinson Theodore Roosevelt Regional Airport, Dickinson, Stark County, North Dakota.

1.2       Definitions

1.2.1       Definitions identified and defined in Section 2 (Definitions), whenever used in these Primary Guiding Documents, shall be construed as defined therein 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.

1.2.2       Where the context requires, the use of singular numbers or pronouns shall include the plural and vice versa, and the use of pronouns of any gender shall include any other gender.

1.3       Governing Body

1.3.1       The Dickinson Municipal Airport Authority hereinafter referred to as the “Authority,” is a political subdivision of the state of North Dakota, Stark County and is the Governing Body of the Dickinson Theodore Roosevelt Regional Airport.  The Authority was established in accordance with the North Dakota Century Code, Chapter 2-06, and by resolution 36-67 adopted by the Dickinson City Commission. The Authority owns and operates the airport known as the Dickinson Theodore Roosevelt Regional Airport hereinafter referred to as “Airport.”

1.4       Authority to Adopt

1.4.1       These Primary Guiding Documents are promulgated under the authority granted by the North Dakota Century Code, Airport Authorities Act, Chapter 2-06, which specifically grants the Authority the power to establish and operate the Airport and to execute contracts to any entity, on the terms and conditions it considers proper, any right or interest in the Airport.

1.4.2       To adopt any Primary Guiding Documents there shall be a minimum of one meeting with a suggested one-week review period prior to the meeting.  Final passage will be with a majority vote from the Authority.

1.5       Statement of Policy

1.5.1       It is the intent of the Authority to

1.5.1.1    Plan, manage, operate, finance, and develop the Airport to ensure the long-term financial health of the Airport and protect and promote the health, safety, security, and general welfare of the public consistent with all applicable Regulatory Measures and,

1.5.1.2    Encourage the development and operation of air carrier and general aviation businesses and the provision of quality aviation products, services, and facilities to the public at the Airport.

1.5.2       As set forth by the Federal Aviation Administration (FAA), by way of its 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 activity on reasonable terms and without unjust discrimination.

1.6       Non-Discrimination

1.6.1       Economic Non-Discrimination

1.6.1.1    The Authority Board will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.

1.6.1.2    In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:

1.6.1.2.1    Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and

1.6.1.2.2    Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

1.6.1.3    Each fixed base operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport and utilizing the same or similar facilities.

1.6.1.4    Each air carrier using such airport shall have the right to service itself or to use any fixed base operator that is authorized or permitted by the airport to serve any air carrier at such airport

1.6.1.5    Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially like those already imposed on air carriers in such classification or status.

1.6.1.6    In the event the Authority Board itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the Authority Board under these provisions.

1.6.1.7    The Authority Board may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.

1.6.1.8    The Authority Board may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

1.6.2       Exclusive Rights

1.6.2.1    The Authority Board will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed based operator shall not be construed as an exclusive right if both of the following apply:

1.6.2.1.1    It would be unreasonably costly, burdensome, or impractical for more than one fixed base operator to provide such services, and

1.6.2.1.2    If allowing more than one fixed base operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed base operator and such airport.

1.6.2.2    The Authority Board further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.

1.7       Airport Management

1.7.1       The Airport Manager, employed by the Authority, is responsible for the operation, management, maintenance, and security of the Airport and all Airport owned and operated land, improvements, facilities, vehicles, and equipment.

1.7.2       The Airport is under the direction and control of the Airport Manager. The Airport Manager shall, always, have the authority to take such action to protect all persons and property on the Airport, and to control operations of the Airport or other activity at the Airport in a safe and efficient matter.

1.7.3       All official inquiries to the Airport regarding these Primary Guiding Documents and/or compliance therewith should be directed to the Airport Manager.

1.8       Effective Date

1.8.1       Unless repealed by the Authority, these Primary Guiding Documents shall be in effect and shall remain in effect from the date of adoption by the Authority.

1.9       Compliance with Regulatory Measures and Agreements

1.9.1       All entities occupying or using Airport land or improvements, engaging in an aeronautical activity on Airport land or improvements, or developing Airport land or improvements shall comply, at the entity’s expense, with all applicable Primary Guiding Documents; as may be in effect and amended from time to time.

1.10     Conflicting Regulatory Measures and Agreements

1.10.1     In the instance that there is a conflict between Primary Guiding Documents with ordinances, laws, etc. the Authority’s rules will not apply.

1.10.2     In the instance there is a conflict between carrying out the Primary Guiding Documents and any provision of a lease or agreement between other parties, the Airport Manager shall be referred to for interpretation.  If he/she cannot come to a conclusion then the Authority will act as the arbitrator.

1.10.3     In the instance of any conflict regarding a use or structure, the size, dimension, location or existence of which was lawful prior to the adoption of these Primary Guiding Documents, but which fails to conform to the current Primary Guiding Documents, by reasons of such adoption shall be unlawful.  The operator may submit a written application to the Authority requesting a declaration of legal non-conforming use of the conflict.  The written application must be received within sixty (60) days from the date of adoption of these General Provisions.  A determination as to the legal non-conforming use shall be at the sole discretion of the Airport Manager and must be in writing.

1.11     Right to Self-Service

1.11.1     The Authority Board will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance, repair, and fueling) that it may choose to perform.

1.13     Fines or Penalties

1.13.1     Failure of any person to comply with a reasonable request of the Airport Manager or his/her designee will be grounds for removal from the Airport in a lawful and reasonable manner.

1.13.2     Any operation in violation of the Minimum Standards or Rules and Regulations, or Development Guidelines that does not take corrective action to comply will have their lease terminated by the Authority.

1.13.3     The Authority has the right to commence civil action, suit, or file a complaint for criminal or civil prosecution against any person violating any Minimum Standards or Rules and Regulations or committing a criminal act.

1.13.4     Any operator whose act or failure to act results in a fine assessed against the Authority by any governmental agency shall be fully liable for the payment or reimbursement of such fine, in addition to the costs associated with restitution, repair, and/or cleanup of such acts.

1.14     Severability

1.14.1     If one or more clauses, sections, or provisions of these Primary Guiding Documents 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 Primary Guiding Documents. If any such clauses, sections, or provisions are determined by the FAA to be inconsistent with the Authority’s Grant Assurances, those clauses, sections, or provisions shall be deemed unenforceable, and this paragraph shall apply.

1.15     Subordination

1.15.1     These Primary Guiding Documents are subject and subordinate to the provisions of any existing or future Agreements between the Authority and Stark County, the State of North Dakota or the United States pertaining to the operation, management, planning, and development of the Airport and are specifically subordinated to, and to be construed as in accordance with the Grant Assurances.

1.16     Notices, Requests for Approval, Applications, and Other Filings

1.16.1     Any notice, request for approval, application, or other filing required or permitted to be given or filed with the Airport and any notice or communication required or permitted to be given or filed with any Lessee, prospective Lessee, Operator, or prospective Operator pursuant to these Primary Guiding Documents shall be in writing, signed by the party giving such notice, and shall be sent by overnight courier, United States certified mail, facsimile (confirmed by dated return signature), email (confirmed by return email) or in person (confirmed with dated and signed receipt) and shall be deemed to have been given when delivered to the Airport, Lessee, or Operator at their principal place of business or such other address as may have been provided to the Airport.

1.17     Amendments

1.17.1     The Authority reserves the right to amend, modify, rescind, or change, in any manner whatsoever, any and all Primary Guiding Documents without prior notice to the public or any other persons if required to do so by any federal, state, or local entity having jurisdiction over the Airport or by reason of emergency.

1.17.2     The Authority shall provide for timely public notification of pending supplements, amendments, or modifications to these Primary Guiding Documents in order to provide the opportunity for public comment and input by Operators, Lessees, consumers, users, and the community.

1.18     Variance or Exemption

1.18.1     A special variance or exemption may be obtained from the Authority provided that the variance or exemption is petitioned for in writing and that permission for the variance or exemption is obtained in writing from the Authority.  Each variance or exemption will be reviewed and granted or approved separately.

1.18.2     Requests for special variance or exemption must state definitively the Primary Guiding Document and the provision for which the variance or exemption is being sought, describe the proposed variance or exemption, state the reason or rationale for the proposed variance or exemption, and identify the duration of the proposed variance or exemption.

1.18.3     The Authority has the right to approve variances to these Primary Guiding Documents when a specific clause, section, or provision does not seem justified in a particular case because of special conditions and unique circumstances.

1.18.4     Any variance or exemption approved by the Authority shall apply only to the special conditions or unique circumstances of the particular case under which the variance or exemption is granted and shall not serve to amend, modify, or alter the Primary Guiding Documents.

1.19     Pioneering Period

1.19.1     When a specific product, service, or facility is not currently being provided at the Airport, the Authority may enter into an Agreement with an FBO or SASO with terms and conditions that are less than those outlined in these Primary Guiding Documents (e.g., reduced rents, lower minimum standards, etc.), only for a limited period of time.  The duration of the pioneering period shall be specified in the Agreement and shall only be valid during that specific period and shall not be longer than one year.

1.20     Enforcement

1.20.1     The Authority shall be responsible for enforcement of these Primary Guiding Documents.  Initial enforcement is delegated by the Authority to the Airport Manager, or his/her designee. The Airport Manager, or his/her designee, must be present during the enforcement of these Primary Guiding Documents by a third party.

1.20.2     Any entity who violates, disobeys, omits, neglects, or refuses to comply with these Primary Guiding Documents or any other rule, regulation, notice, memorandum, order, or directive issued by the Airport Manager or his/her designee may be cited and/or removed from the Airport, denied the use of the Airport, and/or prevented from engaging in Activities at the Airport and shall be subject to all legal, equitable, statutory, and common law rights and remedies available to the Airport including, but not limited to, actions for declaratory relief, injunctive relief, specific performance, and damages.

1.21     Disputes

1.21.1     In the event an entity fails to comply with these Primary Guiding Documents, the Airport shall send a written statement of violation to the entity at the most recent address, if any, on file with the Airport. The entity shall have ten (10) days within which to provide a written response statement to the Airport explaining in detail why the violation occurred and to advise the Airport that the violation has been corrected. The Authority, in its sole discretion, has the right to revoke the entity’s privileges at the Airport or it may suspend the operations for such a period as it deems necessary in order to obtain a correction of the violation. In addition, any such violations shall be considered by the Airport and the Authority in renewing any permit, license, or Agreement held by the entity.

1.21.2     Entities aggrieved by a decision of the Airport Manager may appeal (in writing) such decision to the Authority within ten (10) days after said decision is issued.  The decision of the Authority on such an appeal will be final.

1.21.3     The entity shall pay for any and all costs or expenses incurred by the Authority, including but not limited to attorney fees, arising under this Section and/or in the further enforcement of these Primary Guiding Documents.

1.21.4     However, if the entity disputes the notice of violation and is found, after further investigation, not to be in violation of these Primary Guiding Documents, entity shall not be required to pay for any costs or expenses incurred by the Authority.

1.22     Rights and Privileges Reserved

1.22.1     The Authority reserves the right to adopt and/or amend the Airport Layout Plan (ALP) and/or designate specific Airport areas for certain Activities.

1.22.2     The ALP reflects an agreement with the FAA regarding the proposed allocation of Airport land and/or Improvements to specific uses and/or development. 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 undesirable. While the Authority may consider submitting to the FAA for approval of the revision of the ALP on behalf of a prospective Operator, nothing contained in these Primary Guiding Documents shall require or obligate the Authority to make such submission.

1.22.3     The Authority reserves the right to develop and make any improvements and/or repairs at (or to) the Airport that it deems necessary. The Authority shall not be obligated to reimburse or compensate any Operator, Sublessee, or other person for any expense incurred or loss of revenue (or inconvenience) that may result from such development, improvement, and/or repair.

1.22.4     The Authority reserves the right to prohibit any person from using the Airport or engaging in Activities at the Airport (and/or revoke or suspend any privileges granted to any person) upon determination by the Authority that such Operator has not complied with these Primary Guiding Documents, applicable Regulatory Measures, directives issued by the City or the Authority, or has otherwise jeopardized the safety of persons utilizing the Airport or the land and/or Improvements located at the Airport.

1.22.5     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. If such lease is executed between the Authority and Government, the provisions of such lease shall override any inconsistent provision of an existing lease or agreement between the Authority and an existing Operator.

1.22.6     The Authority will not enter into an Agreement or Permit that will require the Authority to relinquish the right to take any action the Authority considers necessary to protect the aerial approaches of the Airport against obstruction or to prevent a person from erecting or permitting to be erected any facility or other structure which might limit the usefulness of the Airport or constitute a hazard to Aircraft.

1.22.7     The Authority shall not enter into an Agreement or Permit that requires the Authority to waive any sovereign, governmental, or other immunity to which the Authority may be entitled nor shall any provision of any Agreement or Permit be so construed. The Authority shall not enter into any Agreement or Permit that would require the Authority to submit to the laws of any state other than those of the State of North Dakota or the United States Government.

1.22.8     The Authority is under no obligation to provide financing and/or make any improvements to Airport land and/or improvements to facilitate any development proposed by a prospective Operator.

1.22.9     While the Authority may choose to pursue federal, state, or other available funds to contribute to the proposed development, the Authority is under no obligation to do so. In addition, the Authority is under no obligation to provide matching funds if required to secure such funding.

1.22.10   The Authority reserves the right to take such actions as it may deem necessary, appropriate, and/or in the best interest of the Airport to preserve the assets of the Airport, protect the safety of the people who work at and use the Airport, and maintain the integrity of the Authority’s mission (purpose), vision, and values.

1.22.11   In addition to the preceding rights and privileges, the Authority reserves the rights and privileges outlined under federal and/or state Airport Assurances as such rights and privileges may be amended from time to time.

1.23     Possible Grounds for Rejecting Application

1.23.1     The Authority may reject any proposal (including requests for exemptions) or any application for any reason deemed appropriate for the Airport.

ARTICLE 2: DEFINITIONS

14 CFR: Code of Federal Regulations – Title 14: Aeronautics and Space

Abandoned: Property left at the Airport for 48 hours without the Owner moving or claiming it.

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.

Aeronautical Activities: Any service which involves, makes possible, or is required for the operation of aircraft, or that contributes to or is required for the safety of such operations commonly conducted at the airport by a person who has approval from the airport to provide such a service.  The following are those activities that are considered to be aeronautical activities within this definition.

• Charter Operations
• Pilot Training
• Aircraft Rental
• Sightseeing
• Aerial Surveying
• Crop Dusting
• Aircraft Sales and Service
• Aviation Fuel and Oil Sales
• Repair and Maintenance of Aircraft
• Sale of Aircraft Parts
• Skydiving
• Any other activities that, because of their direct relationship to the operation of aircraft, can appropriately be regarded as an aeronautical activity.

Agency: Any federal, state, or local government entity.

Agreement or Lease: A contract executed between the airport and an entity granting a concession that transfers rights or interest in property, or otherwise authorizes the conduct of certain activities. The agreement or lease must be in writing, executed by both parties, and enforceable by law.

Air Carrier: Any entity engaged in the operation of any Aircraft for the purpose of transporting passengers, mail, express, freight, or cargo.

Air Charter: An entity that provides on-demand, non-scheduled passenger service in aircraft having no more than 30 passenger seats.  This entity must operate under the appropriate federal aviation regulations (FAR).

Airport Operations Area (AOA): Portion of the airport that encompasses the landing, take-off, taxiing, and parking areas for aircraft; includes all taxiways, runways, aprons, and ramps

Aircraft: Device that is used or intended to be used for flight in the air. For the purpose of this document, whenever a vehicle is attached to an aircraft for the purpose of moving the aircraft, the two shall be considered one aircraft.

Aircraft Maintenance: The repair, alteration, calibration, adjustment, preservation, or inspection of Aircraft airframe, powerplant, propeller, and accessories (including the replacement of parts) as described in 14 CFR Part 43.

Aircraft Operator: A person 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.

Aircraft Rescue and Fire Fighting (or “ARFF”): Personnel, Equipment and facilities located on or off the airport dedicated to dealing with Aircraft Accidents/incidents and all rescue and firefighting tasks, structural fires, and other firefighting or rescue emergency activities at the Airport.

Air Operations Area (or “AOA”): A portion of the Airport, specified in the Airport Security Program, in which security measures specified in 49 CFR Parts 1540 and 1542 are carried out. This area includes Aircraft Movement Areas, Aprons, loading ramps, and safety areas, and any adjacent areas (such as General Aviation areas) that are not separated by adequate security systems, measures, or procedures. This area does not include the Secured Area.

Aircraft Movement Area (AMA): All runways and Taxiways located on the airport.

Airport: The entire real property owned, leased, or under the control of the Dickinson Municipal Airport Authority, Whether or not such property is contiguous to the principal portion of the airport. 

Airport Authority Board: An independent five-member board appointed by the city commission to oversee the operation of the Dickinson Theodore Roosevelt Regional Airport.

Airport Manager:  That person appointed by the Authority whom is responsible for the day-to-day administration, operations, and maintenance of the Airport.

Airport Minimum Standards:  Are established and enforced in accordance with Chapter 2-06-12 of the North Dakota Century Code.

Airport Security Program (or “ASP”): The current Airport Security Program, as may be amended from time to time, approved by the TSA, which specifies the systems, measures, and procedures that are used to meet the Airport’s regulatory and statutory responsibilities relating to Airport security.

Apron: Those Paved areas of the Airport within the AOA designated by the Authority for the loading or unloading of passengers, servicing, and/or Parking of Aircraft.

Avgas: Aviation Gasoline

Commercial: An Activity designed to generate and/or secure earnings, income, Compensation (including exchange or barter of goods and services), and/or profit, whether or not such objectives are accomplished.

Commercial Service: An activity or service provided on, to, or from the airport by a person to others for compensation.

Commercial Vehicle: A Vehicle of any type used or maintained for the transportation of persons, goods or Property for hire, Compensation or profit.

Commercial Aviation Operator: A commercial aviation operator may be classified as either a fixed base operator (FBO) or a specialized aviation service operator (SASO).

Customer Area: Building area designated by a Commercial Service provider which includes a customer lounge, public use telephone, and restrooms.

Department of Transportation (or “DOT”): The Cabinet department of the United States government concerned with transport. It was established by an act of Congress on October 15, 1966 and began operation on April 1, 1967. It is administered by the United States Secretary of Transportation.

Development Guidelines: The parameters governing the design, construction, and/or modification of Operator or Lessee facilities at the Airport, as may be amended from time to time.

Emergency Vehicle: Vehicle of the Police Department or fire department, ambulance or any Vehicle conveying an Airport official or Airport personnel in response to an official emergency call.

Environmental Protection Agency (or “EPA”): The Agency within United States government that has the responsibility for developing and enforcing regulations that implement the environmental Regulatory Measures enacted by Congress.

Equipment: All Property and machinery, together with the necessary supplies, tools, and apparatus necessary for the proper conduct of the Activity being performed.

Federal Aviation Administration (or “FAA”): The Agency of the United States government that has the responsibility of regulating Aeronautical Activities.

Federal Airport Obligations: All references to federal grant programs, federal airport development assistance, or federal aid intended to address contractual commitments arising from the conveyance of land or from grant agreements.

Fixed Base Operator (FBO): An entity that is authorized and required by agreement with the airport to provide, at a minimum, the following aeronautical activities at the airport:

– Sale of aviation fuel and oil

– Aircraft Rental

– Flight Training

– Aircraft Charter or Taxi

– Tie-down, hangar parking, marshalling, chocking and parking of aircraft

– Aircraft Airframe and Engine Maintenance

– Ancillary aircraft ground services

                        – Weather Briefing Area

                        – Pilots lounge/waiting area

Flight Training: Any use of an Aircraft to teach, increase, or maintain pilot or crewmember proficiency rather than the use of an Aircraft as transportation between two different airports or other destinations. Flight Training shall also include any portion of a flight between two airports or other destinations dedicated to increase or maintain pilot or crewmember proficiency.

Fuel: Any substance (solid, liquid, or gaseous) used to operate any engine in Aircraft, Vehicles, or Equipment.

Fuel Handling: The transporting, delivering, fueling, dispensing, or draining of Fuel or Fuel waste products.

Fueling Operations: Dispensing aviation fuel into aircraft

Fueling Vendor: Any person engaged in selling or dispensing aviation fuel to aircraft other than that owned or leased by that person

General Aviation: Any aeronautical activity other than military operations or schedule air carrier operations.

General Provisions: Provisions common to all Primary Guiding Documents at the Airport.

Hangar: Any fully or partially enclosed storage facility for an Aircraft.

Hazardous Materials: Any substance regulated by the EPA as Hazardous.

Improvements: All buildings, structures, additions, and facilities including pavement, concrete, fencing, and landscaping constructed, installed, or placed on, under, or above any land on the Airport.

Law Enforcement Officer: Officers of any federal, state, or local government Agency authorized to enforce the law.

Leased Premises: The land and/or Improvements used exclusively under Agreement by Operator for the conduct of Operator’s Activities.

Lessee: A person that has entered into an Agreement with the Authority to occupy, use, and/or develop land and/or Improvements and engage in Aeronautical Activities.

Manager: The airport manager or his or her designee.

Minimum Standards: Those qualifications, standards, and criteria set forth as the minimum requirements to be met as a condition for the right to engage in Activities at the Airport, as may be amended from time to time.

Movement Area: The Runways, Taxiways, and other areas of the Airport which are utilized for taxiing, air taxiing, takeoff, and landing of Aircraft, exclusive of loading ramps and Parking areas. It includes all areas under the direct and positive control of ground or tower controllers, requiring ATC approval for entry onto the Movement Area.

National Fire Protection Association (or “NFPA”): All codes, standards, rules, and regulations contained in the Standards of the National Fire Protection Association, as may be amended from time to time.

Non-Aeronautical Service: Any service provided within the Authority of the airport which does not make possible or is required for the operation of aircraft or contribute to the safety of such operations.

Non-Aeronautical Operator: Any person desiring to engage in commercial services on an airport of which the services are not directly related to aviation.

NOTAM: Notice to Airmen.

Operator: A person that has entered into an Agreement or Permit with the Authority or subleased office, shop, Hangar, and/or land to engage in Commercial Aeronautical Activities at the Airport.

Permit: A license issued by the Authority to a person authorizing conduct of certain activities. Permits include, but are not limited to, an approved Commercial Aeronautical Activity Permit or a Non-Commercial Self-Fueling Permit.

Permittee: A person or business who has written permission (Permit) from the Director to conduct Commercial Activity, within the confines of the Permit, at the Airport.

Person: An individual, firm, corporation, association, government, partnership or any other entity. 

Private Vehicle: Any Vehicles operated for transportation of persons or baggage that are not customers of the Vehicle Operator and no revenue is being derived from the transportation either directly or indirectly.

Property: Anything that is owned by a person.

Public Area: Those areas normally used by the general public. These areas include concessionaire shops, restrooms, passenger terminal building lobbies, passenger concourses, hallways, passageways, public transportation waiting areas, viewing areas, roadways, walkways, sidewalks, and public motor Vehicle parking lots. They do not include areas leased by Commercial businesses unless such businesses so designate certain areas as public use areas. They do not include the AOA, Restricted Areas, and Employee parking lots.

Ramp/Apron:  Portions of the air operations area designated and made available by the airport manager for the loading and unloading of aircraft and for parking aircraft.

Refueling Vehicle: Any Vehicle used for transporting, handling, or dispensing of Fuels, oils, and lubricants.

Regulatory Measures: All applicable federal, state, county, local, and Airport, laws, codes, ordinances, policies, rules, and regulations.

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: Runways, Taxiways, Taxilanes, and fire lanes, Airport maintenance facilities, mechanical rooms, electrical vaults, fire breaks and any other areas marked as such with appropriate signage. Includes both the AOA and the SIDA.

Rules and Regulations: Rules and Regulations of the Airport, as adopted by the Authority.

Runup: Aircraft engine operation above normal idle power for purposes other than initiating taxi or takeoff.

Runway: An area of the Airport developed and improved for the purpose of accommodating the landing and takeoff of Aircraft.

Runway Safety Area (RSA):  A surface surrounding the runway that has been prepared for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway; the actual area will vary depending on the level of commercial service so the Airport Layout Plan must be consulted.

Runway Protection Zone (RPZ): An area off the runway end to enhance the protection of people and property on the ground.

Self-Fueling: The dispensing of fuel into an aircraft from facilities and equipment owned by the aircraft owner/operator.

Special Aviation Service Operator (SASO): Single-service providers or special Fixed Based Operators performing less than full services. They typically offer only specialized aeronautical services (i.e. flight training, aircraft maintenance, aircraft sales, etc.)

Specialized Aeronautical Service Operator (SASO): An entity that provides a single commercial activity or limited aeronautical commercial services.

Spill Prevention, Control, and Countermeasures Plan (or “SPCC Plan”): A contingency plan defined by the EPA that covers measures, points of contact, the chain of command, and individual responsibilities within the plan. Specialized Aviation Service Operator (or “SASO”), A Commercial Operator that provides any one or a combination of the following Activities: Aircraft Maintenance, avionics or instrument maintenance, Aircraft rental or Flight Training, Aircraft charter or Aircraft management, Aircraft sales, and other Commercial Aeronautical Activities.

Sublease: A lease agreement entered into by a lessee with another entity that transfers rights or interests in property or facilities, and that is enforceable by law.

Sublessee: A person that has entered into a Sublease with an Operator or Lessee who is authorized to engage in Commercial Aeronautical Activities at the Airport.

Storm Water Pollution Prevention Plan (or “SWPPP”): A plan that identifies the controls that have been put in place to minimize the impact of storm water discharges on the environment.

Taxilane: The portion of the Apron used for access between Taxiways and Aprons and not under ATC control.

Taxiway: A defined path, usually Paved, over which Aircraft can taxi from one part of an airport to another (excluding the Runway) and is under ATC control.

Tenant: A person having a written lease, rental Agreement, or other Agreement with the Authority which grants that person certain rights and privileges on the Airport.

Tiedown: An area Paved or unpaved suitable for Parking and mooring of Aircraft wherein suitable anchoring points and Equipment are located.

Transportation Security Administration (or “TSA”): The U.S. Federal Agency established to safeguard United States transportation systems and ensure secure air travel.

Vehicle Operator: Any person who is in actual physical control of a Vehicle.