Sec. 176.1. Introduction

(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-hhh(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, sub-lessees, 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.