UNITED STATES DEPARTMENT OF TRANSPORT AT 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Q)^j_ijjL¥. 

APR I 3 2O10 

AIRPORT/ENVIRONMENTAL 

LAW, AGC-600 

Aero Ways, Inc., 

Complainant, 

V. 

Delaware River & Bay Authority, 

Respondent. 

FAA Docket No. 16-09-12 

o 

•-; ' J 

REBUTTAL OF THE DELAWARE RIVER AND BAY AUTHORITY 

IN RESPONSE TO AERO WAYS' REPLY g 

Pursuant to 14 C.F.R. § 16.23(f), Respondent Delaware River and Bay Authority 

(the "DRBA" or the "Authority") hereby files its Rebuttal to Complainant's Consolidated 

Response and Memorandimi to Respondents' Motion to Dismiss ("Response" or "Resp.").' 

Aero Ways' Response - consistent with its Complaint - exposes its misunderstanding of or 

disregard for FAA procedures and its inability to meet its burden to state and support its claims 

and allegations. For the reasons set forth herein and in the DRBA's previous pleadings in this 

matter, the Director should dismiss the Complaint in its entirety, with prejudice. 

The Authority has attempted to limit its Rebuttal to the issues most germane to 

this proceeding. The lack of a specific response to any of Aero Ways' assertions does not mean 

that the Authority accepts them as accurate. Many of Aero Ways' allegations are simply of no 

consequence in reaching a determination in this case. 

Pursuant to 14 C.F.R. § 16.23(e), Complainant's March 29, 2010 filing is a Reply, and 

regardless of how Aero Ways characterizes it, the Authority is entitled to file a rebuttal 

pursuant to § 16.23(f). 

IRM 

u 
ARGUMENT 

A. Aero Ways' Complaint Should Be Dismissed Because It 

Fails To State Or Support A Claim Of Current NonCompliance 

The only relevant issue in this proceeding is the DRBA's current compliance with 

its federal obligations (Oct. 22, 2009 Notice of Docketing) (the FAA's "role in this Part 16 

proceeding will be to review the airport sponsor's current compliance with its Federal 

obligations") (emphasis added). Notwithstanding, Aero Ways' Complaint - and the arguments 

made in its Response - primarily relate to allegations of past violations that, even if true - which 

they are not - concern circumstances that no longer exist, such as Aero Ways' status prior to 

becoming an FBO. Thus, Aero Ways' discussion of the Authority's "current compliance" 

argument misses the mark. The Authority is not concerned simply with the passage of time, but 

rather changed circumstances which render much of Aero Ways' Complaint moot. The 

Authority addresses Aero Ways' specific allegations of grant assurance violations below, in Part 

B. 

The Response follows up on Aero Ways' complaint that the DRBA purportedly 

violated Grant Assurance 22(h) because the DRBA requires Aero Ways to comply with Section 

5.16 of the Airport's Rules and Regulations, but does not require XO Jet to do so (Resp. at 8, 

Ill(b)^, Compl. Tf 16 n.3). As the DRBA explained in its Memorandum of Points and Authorities 

in Support of its Answer and Motion to Dismiss ("Memorandimi" or "Memo."), this allegation is 

unsupported and baseless. XO Jet is in compliance with Section 5.16, and is not required to have 

Aero Ways did not number the pages to its Response. The DRBA's reference to page 

numbers is based on counting the pages to each cited page. Where possible, the DRBA 

includes the numbering/lettering of the cited Response section. 
an Avgas tank because it does not use Avgas {see Memo, at 30-31). Stephen D. Williams, the 

DRBA's Director of Airports, submitted a declaration that he had personal knowledge that XO 

Jet does not use Avgas in its aircraft, and therefore does not need an Avgas tank under Section 

5.16 (WiUiams Decl. f 12).'' Aero Ways' Response on this issue says only that the DRBA "has 

no idea" whether XO Jet operates aircraft requiring Avgas (Resp. at 8(b)). Aero Ways again 

provides no support for its assertion and the DRBA has provided xmchallenged evidence to the 

contrary. This is fatal to Aero Ways' claim, because as the Complainant, Aero Ways has the 

burden of proving its allegations. It has not done so. Moreover, the DRBA is entitled to a 

reasonable interpretation of its own Rules and Regulations to permit an air carrier that is entitled 

to self-fiiel to have and maintain a tank for only the type of fiiel it actually uses. No federal 

policy is served by requiring XO Jet to do otherwise. 

The Response makes three other allegations of current non-compliance that are 

also unsupported, irrelevant to stating a claim, or just plain wrong. First, Aero Ways asserts that 

the DRBA engaged in "obstructionist conduct" (Resp. at 3) because a letter sent by the DRBA to 

Aero Ways' parent company, C Behnont Holdings, LLC, "request[ed] fimds for monies that they 

had already received and for checks that they cashed" (Resp. at 3 n.2). That is misleading. Aero 

Ways owes the DRBA thousands of dollars for past due groimd rent, landing fees, fiiel flowage 

fees, and late fees under the terms of the leases by which Aero Ways leases the ground 

Moreover, it is pubUc knowledge that XO Jet does not use Avgas in its aircraft. Avgas is 

used in small piston engine powered aircraft. See Shell Aviation AVGAS Grades and 

Specifications website, 

http://www.shell.com/home/content/aviation/products and services/products/fiiels/avgas 

/. XO Jet, however, operates only jet aircraft - and therefore does not use Avgas. See 

XOJet Website, http://www.xoiet.com/fleet/ ("While other operators may fly a dozen or 

more different aircraft types, averaging five to ten years old, we've standardized our fleet 

exclusively on brand-new super-midsize jets."). 
underlying its hangars. The DRBA has written two letters to Aero Ways requesting payment. 

See DX 60, 61 (attached hereto). Incredibly, Aero Ways has not responded to either of them. 

The DRBA also sent a copy of the most recent letter to C Behnont Holdings, which, according to 

the terms of the leases, is also contractually liable for these monies.'* See DX 62 (also attached 

hereto). When C Belmont Holdings responded to the DRBA's most recent letter, the DRBA had 

received checks for a portion of the outstanding rent, but those checks had not yet cleared. 

Nevertheless, as of the date of this filing, the DRBA has only been paid only a fraction of the 

outstanding amount it is owed. 

These efforts to collect monies owed to the DRBA are entirely justified, and Aero 

Ways simply does not state a claim for unjust discrimination. The DRBA is not estopped by the 

pendency of this matter from seeking payment for monies it is legally owed and Aero Ways 

provides no support to the contrary. Moreover, Grant Assurance 24 requires the DRBA to 

"maintain a fee and rental structure... which will make the airport as self-sustaining as 

possible...." Maintaining such a fee structure entails the DRBA actually collecting the fees 

and rents it is due. 

Second, Aero Ways repeats that "to this date [the DRBA] has failed and/or 

refiised to communicate with Aero Ways" (Resp. at 8; see also Resp. at 10 (2)). Beyond general 

statements like those, Aero Ways has not come forth with anything showing any efforts by Aero 

Ways to talk to the DRBA that have been ignored (let alone that would constitute unjust 

discrimination). In fact, the parties have communicated and the DRBA sought an extension to 

C Belmont Holdings is the Tenant on the leases with the DRBA (which is the Landlord), 

but has subleased to Aero Ways. According to the terms of the various agreements, C 

Behnont Holdings, as Tenant and Sublandlord, and Aero Ways, as Subtenant, are both 

liable to the DRBA for any impaid rent. 
file its Answer in late December 2009 because the parties were engaged in settlement 

discussions. Aero Ways acknowledges these settlement talks on page 5 of its Response. Aero 

Ways has failed to state a claim of unjust discrimination or even to prove the assertions that it 

has made.^ 

Finally, Aero Ways asserts that the gate reader issue is "an example of the 

continued discriminatory practices" by the DRBA (Resp. at 10). An Aero Ways employee 

damaged a DRBA card reader by making an improper turn while attempting to drive a motor 

home through a gate clearly marked to prohibit entry by a vehicle of such size to store it (against 

DRBA policy) in a midfield hangar, and then failed to respond to the DRBA about the incident 

{see Memo, at 18-20 & 37). Aero Ways does not dispute these facts, which alone are more than 

sufficient to warrant the DRBA's revocation of Aero Ways' access to the gate. What Aero Ways 

contests is whether then-Senator Biden's aircraft was at the airport, which purportedly caused a 

DRBA employee to instruct Aero Ways to back out through the gate, allegedly causing the 

damage. Aero Ways asserts that it received a response to its FOIA request (Resp. at 10) - but 

has not provided a copy of it. Nor has Aero Ways provided any other evidence to support this 

allegation. Most importantly, however, is that whether the aircraft was there or not is irrelevant. 

Aero Ways alleged two past instances where the DRBA allegedly refiised to 

commimicate with Aero Ways. Contrary to Aero Ways' statement that the DRBA did 

not address these allegations (Resp. at 7-8), the DRBA in fact responded to the two 

instances in its Memorandimi at 34-35. Aero Ways simply continues to argue without 

any specifics that "material representations" made by Mr. Rainear were "materially 

breached" (Resp. at 8). Again, Aero Ways has not carried its burden of proof Aero 

Ways' assertion - without any liasis whatsoever - that Mr. Rainear was "terminated" is 

unsupported and inappropriate. Moreover, despite its claim that "Mr. Rainear's 

deposition will therefore be necessary (Resp. at 8 n.6). Aero Ways has no ability under 

the Part 16 Rules to seek Mr. Rainear's deposition at this stage of the proceedings. See 

14 C.F.R. §§ 16.213, 16.215 (addressing discovery and depositions for hearings; hearings 

are only available upon request by a respondent airport after issuance of an adverse 

Director's Determination). 
The DRBA's actions were proper and not discriminatory in light of Aero Ways' conduct and its 

refiisal to timely respond to the DRBA's inquiries. 

* * * 

Aero Ways has failed to properly state and support any claim that the DRBA is 

currently not in compliance with its federal obhgations, and Aero Ways has failed to demonstrate 

any past or ongoing discrimination by the DRBA. Nevertheless, for the first time in this action. 

Aero Ways summarily requests that the DRBA be temporarily enjoined from whatever it is that 

Aero Ways thinks the DRBA is doing wrong, but cannot articulate in any detail (Resp. at 10). 

There is absolutely no factual or legal basis to grant Aero Ways' request for such relief- which 

was not found anywhere in the Complaint and is not properly requested in a Reply. 

B. Aero Ways Did Not Respond To The DRBA's 

Arguments About Why Each Of Aero Ways' Claims 

Should Be Dismissed 

The Response also fails to refiite (and in many instances, even fails to address) the 

DRBA's substantive arguments. The DRBA responded in detail to the claims in Aero Ways' 

Complaint, demonstiating that Aero Ways failed to support the alleged claims and/or its claims 

failed as a matter of law. Specifically, Aero Ways has failed to adequately plead and support its 

own claims that the DRBA violated any of the following: 

Grant Assurance 22(f). Aero Ways argued that the DRBA violated Grant 

Assurance 22(f) by prohibiting Aero Ways from fueling aircraft owned by its customers. The 

DRBA, however, allows aircraft owners to fuel their own aircraft using their own employees and 

Aero Ways never owned any aircraft {see Memo, at 27-28). In its Response, Aero Ways 

continues to argue that the DRBA somehow engaged in "fueling violations" (Resp. at 5). Again, 

the issue is current compliance. Aero Ways does not contest that it is now an FBO and enjoys 

the right to fuel under the Airport's Rules and Regulations like the other FBOs at the Airport. 
Nor does Aero Ways contest that XO Jet, as a Part 135 operator, may fuel the planes on its Part 

135 certificate. Aero Ways has wholly failed to plead a claim for a violation of 22(f). 

Grant Assurance 22(d). Aero Ways asserted that the DRBA violated 22(d). On 

its face. Assurance 22(d) applies to Air Carriers - and there is no dispute that Aero Ways has 

never held an Air Carrier Certificate (Memo, at 28-29). Again, Aero Ways has failed to state a 

claim. 

Grant Assurance 22(a). Aero Ways argues that the DRBA has not made the 

New Castle Airport available on reasonable terms and without unjust discrimination. The DRBA 

demonstrated that Aero Ways had failed to carry its burden of proving this "catch-all" claim {see 

Memo, at 31-32). Aero Ways' Response addresses only two of its original "unjust 

discrimination" allegations. First, Aero Ways asserts that "at no time prior to this action" did the 

DRBA know that XO Jet was a Part 135 Operator (Resp. at 7(a); see also Resp. at 9(1)). 

Documents that Aero Ways itself produced contradict this statement. On January 28, 2008, Mr. 

Williams correctly informed Aero Ways that XO Jet was a Part 135 operator (DX 39, Compl. 

Ex. F.58). Mr. WiUiams gave a copy of XO Jet's Part 135 Certificate to Aero Ways on June 5, 

2008 - before Aero Ways initiated pre-complaint procedures or filed this action {see Memo, at 

17 & exhibits cited therein). Indeed, Aero Ways included a copy of the Williams letter and the 

accompanying Part 135 certificate for XO Jet as an attachment to the Complaint. 

Second, Aero Ways states that the DRBA "had no policies at all on the relevant 

issues" (Resp. at 10). First, the FAA does not even require airports to have minimum standards. 

See Advisory Circular 150/5190-7, Minimum Standards for Commercial Aeronautical Activities, 

Aug. 28, 2006 (calling minimum standards "optional"). Second, the DRBA had Rules and 
Regulations and Minimimi Operating Standards since 2005, and provided copies of them with its 

Memorandum (DX 57,2005 Rules & Regulations, and DX 36, 2005 Minimum Standards).^ 

FAA Order 5190.6A, Chapter 7-26(e)(l). The DRBA explained that this 

Chapter in FAA Order 5190.6A does not exist, and even if it did. Order 5190.6A was not 

regulatory and did not govern Airport Sponsor conduct (Memo, at 32-33). Aero Ways' 

Response does not dispute this argument. 

The Claim Concerning The DRBA's Dealings With Aero Ways Regarding 

XO Jet. Aero Ways continues to argue that the DRBA initially told Aero Ways that XO Jet 

owned its aircraft, then that XO Jet was a fractional owner, and now that XO Jet is a Part 135 

operator (Resp. at 8(c)); see also Resp. at 9(1)). Even if Aero Ways' allegations were supported 

and correct - and they are neither - they are immaterial. The undisputed evidence in the record 

confirms that XO Jet was, at all relevant times, a Part 135 operator with the FAA-guaranteed 

Since the filing of its Memorandum, it has come to the DRBA's attention that the 2000 

Rules and Regulations submitted as Exhibit DX 11 to the Memorandum may not be the 

correct copy of the Rules and Regulations that were in effect in 2000. Therefore, the 

DRBA requests that that document, as well as the arguments that reference that 

document, be disregarded {see Memo, at 2, 6). Attached as Exhibit DX 62 is a document 

that, to the best of the DRBA's belief, was the Rules and Regulations that were adopted 

in 2000 (and then were amended in 2005). The "Aircraft Fueling" section of this 

document states that "No person shall dispense fuel either to the pubUc or to private 

aircraft either owned by hunself or others except those vendors authorized by Airport 

Management" (DX 62 at 18). There is no dispute that Aero Ways was not authorized by 

the DRBA to fuel its customers prior to becoming an FBO. In addition, the Grant 

Assurances then in effect gave aircraft owners the right to self-fuel using their own 

employees and equipment (22(f)) and gave Air Carrier Certificate holders the right to fuel 

the aircraft on their certificate (22(d)). The DRBA has shown that Aero Ways has failed 

to state a claim that the DRBA has failed to comply with those Grant Assurances in 2002 

or at any other time {see, e.g.. Memo, at 6-7; 7-8). Aero Ways does not dispute that it 

was not and is not a Part 135 certificate holder. Further, the DRBA had no obligation 

under federal law to grant managers of aircraft the right to fuel their customers' aircraft. 

Finally, and in any event, the record is clear that the current Rules and Regulations (DX 

57) and Minimum Standards (DX 36) that were adopted in 2005 remain in effect today, 

and are therefore the documents that inform this proceeding, which is focused on whether 

or not Aero Ways has stated a claim of current non-compUance - which it has not. 
right to self-serve (Memo, at 33-34). Aero Ways was not a Part 135 air carrier, nor did it own 

any aircraft that it was permitted to self-service. Therefore Aero Ways was not similarly situated 

to XO Jet. Upon becoming an FBO, Aero Ways gained the right to fuel any aircraft at the 

Airport and thus was freated similarly to the other FBOs. The DRBA correctly allowed XO Jet 

to self-fuel and Aero Ways has not stated any violation here. 

The Allegation That The DRBA Amended Its Policies To Affect Aero Ways. 

The DRBA explained, based on the documentation that Aero Ways itself submitted with the 

Complaint, that it had not amended its policies to affect Aero Ways (Memo, at 35-36). Aero 

Ways' Response does not, and could not, dispute this fact. 

* * * 

The DRBA's Memorandum fully analyzed why Aero Ways failed to state or 

support its claims and was submitted in support of both the Answer and the Motion to Dismiss. 

Therefore, it is unclear what Aero Ways means when it asserts that the DRBA moved to dismiss 

"to avoid a ruling on the merits of the Part 16 Complaint" (Resp. at 3). The Complaint has no 

merit - that is the crux of the DRBA's Motion to Dismiss. The DRBA properly followed 14 

C.F.R. § 16.23(j) by answering the Complaint and simultaneously moving to dismiss, providing 

a Memorandum in Support of both. Aero Ways simultaneously complains that the Authority is 

seeking to put off its day of reckoning by failing to address the substance of Aero Ways' 

complaint (Resp. at 3) and that the Authority has addressed the merits of Aero Ways' complaint 

in its pleadings (Resp. at 7(111), 9(rV)). The simultaneous assertion of these two conflicting 

positions is nonsensical. It is proper for the Authority to address both the procedural and 

substantive flaws in Aero Ways' complaint, as the Authority has done, pursuant to §§ 16.23(g)-
C. Aero Ways' Procedural Objections Are Without Merit 

Aero Ways also raises a grab-bag of procedural arguments, none of which save its 

Complaint from dismissal. It first argues that its Complaint is in "full compliance" with 14 

C.F.R. Part 16.23 (Resp. at 1). As set forth in the DRBA's Memorandum, a Complainant must 

"provide a concise but complete statement of facts relied upon to substantiate each allegation," 

and cannot simply submit "volumes of pages in exhibits if they have failed to explain how the 

individual exhibits support specific allegations" (Memo, at 25; see also 14 C.F.R. Part 16.23(b) 

(a complaint must "[pjrovide a concise but complete statement of the facts relied upon to 

substantiate each allegation")). In other words. Aero Ways has to state what its claims are, and 

support them. It did not. 

Aero Ways actually goes so far as to argue that the DRBA "failed to properly 

Answer the Complaint" (Resp. at 2), because the DRBA allegedly made a "general denial" of 

Aero Ways' allegations, which Aero Ways maintains is prohibited by the Federal Rules of Civil 

Procedure (Resp. at 4). The DRBA filed an Answer that included a paragraph-by-paragraph 

response to Aero Ways' Complaint, and also filed a 38-page Memorandum of Points and 

Authorities in Support of Its Answer and Motion to Dismiss, pursuant to §§ 16.23(h)-(j). There 

was no "general denial." Moreover, Rule 8 of the Federal Rules expressly permits a party to file 

a general denial. Fed. R. Civ. P. 8(b)(3). And, beyond those fundamental inconsistencies, Aero 

Ways' position is perplexing because a few pages later, it sfrenuously argues that the Federal 

Rules are "mere guidelines" (Resp. at 7) that are not applicable in this proceeding. In any event, 

the Authority filed an answer that denies all material allegations in the Complaint and fully 

meets the requirements of § 16.23(h). 

Next in the grab-bag are Aero Ways' assertions that the DRBA failed to address 

"many, if not most" of the factual allegations contained in the Complaint, its accusation that the 

10 
DRBA was "completely disingenuous" (Resp. at 4), and that the Williams Declaration is 

"confradictory on its face" (Resp. at 3).^ Those assertions are, again, imsupported by Aero Ways 

and belied by the DRBA's Answer, Memorandum, and supporting documents. 

Aero Ways then argues that the DRBA "has tiie burden of proof' (Resp. at 2, 6). 

This ignores a fundamental reality - Aero Ways is the complainant. It instituted this proceeding 

and it has the burden of proof of supporting its claims and proving each violation it alleges {see 

Memo, at 25). Aero Ways has failed miserably. The DRBA does not have the burden of 

proving that it did not commit a violation. 

Nor should the DRBA's Motion be denied because it "go[es] to the merits of this 

matter" (Resp. at 7). There is no rule that a Motion to Dismiss may not address the merits. To 

the confrary, such a Motion is proper - particularly as is the case here, where the Complaint is 

baseless because Aero Ways has failed to state and support any of its claims. Aero Ways 

suggests that the DRBA has argued that the Complaint should be dismissed if "any part of the 

Complaint is defective" (Resp. at 1-2, 6). In fact, the DRBA argues that the entire Complaint is 

deficient. Aero Ways has failed to state claims, any claims that are stated are not supported, and 

Aero Ways has not provided any reason, in its Complaint or Response to sustain its Complaint 

and avoid dismissal. 

Aero Ways alleges that Paragraphs 15 and 16 of the Williams Declaration are 

confradictory because "the Airports Director discusses at length that Aero Ways, Inc. 

failed to respond in any way to their request for information, then in Paragraph 16 fully 

discusses Aero Ways, Inc.'s response" (Resp. at 3 n.l). There is no confradiction. 

Paragraph 15 clearly states that, by September 26, 2008, Aero Ways had not responded to 

the DRBA's September 23 request {see DX 45), and so the DRBA revoked Aero Ways' 

access to the gate {id.). It was only after this revocation that Aero Ways bothered to 

respond to the DRBA {see DX 46, Compl. Ex. F.84). 

11 
hi conjimction with its misguided assertion that the Authority has stated that any 

defect in the Complaint warrants dismissal of the entire complaint. Aero Ways makes an 

unfocused argument that the definitions of "Complaint" and "noncompHance" in § 16.3 are very 

broad and that the Authority has argued for a narrow construction of the Complaint. (Resp. at 1-

2). First, the definitions are tied to the definition of "Act," that is the statutes listed in § 16.1 and 

related regulations, agreement, and docimients of conveyance pursuant to those statutes, and to 

the jurisdiction of the Adminisfrator. Second, the Authority's position is simply the same as that 

contained in FAA cases, that for each violation it asserts, the Complainant must provide 

sufficient evidence to support a finding of violation, or else the FAA will not find such a 

violation. It is Aero Ways' burden, as the complainant, to support each allegation it makes. It is 

not the Authority's burden to prove that they are unsupported. 

Finally, what Aero Ways finds "most compelling" are sentences in the DRBA's 

brief which lead Aero Ways to conclude that the DRBA is "admitting that some of 

Complainant's allegations are in fact supported by law and fact" (Resp. at 6). Below is the 

paragraph from which Aero Ways quoted. The sentences that Aero Ways omitted are 

underlined: 

All of the claims in the Complaint should be dismissed. Virtually 

every one involves purported past violations that - even if thev 

were violations, which they are not - are not cognizable in a Part 

16 proceeding. Some claims fail to state causes of action. Some 

are entirely unsupported - without any basis in the record. Some 

Thus, the Authority's argument is not, as Aero Ways seems to imply, that if a complaint 

asserts five violations and one alleged violation is unsupported but four others are 

supported, that all five violations will be dismissed. Rather, the Authority argues that if 

five violations are alleged and there is no support for any of the five, then all will be 

dismissed. If four are unsupported, but one is sufficiently supported, four will be 

dismissed, and one will be sustained. Aero Ways has not sufficiently supported any of its 

claims, so its entire Complaint should be dismissed. 

12 
allegations are actually confrary to the record. Some allegations 

are "supported" only by unsworn statements that are largely 

hearsay and made without personal knowledge. None of the 

claims warrant further action by the FAA. 

This is not an "admission" that some of Aero Ways' allegations are properly 

supported; it is exactly the opposite. The Authority's statement that the only "support" for some 

allegations is unsworn hearsay cannot reasonably be construed as stating that such flimsy 

evidence provides sufficient support for FAA to find any violation. Rather, it simply points out 

how weak Aero Ways' evidence is. The last sentence, which Aero Ways left out of its quote, 

makes this abundantly clear. 

CONCLUSION 

For the reasons set forth in the Authority's Answer, Motion to Dismiss, 

Memorandum in Support, and this Rebuttal, Aero Ways' Complaint should be dismissed in its 

entirety, with prejudice. 

MORRlSvI^HOLS, ARSHT & TUNNELL LLP 

R. JjidSon Scaggg^r. 

Leslie A. Polizoti 

Pauletta J. Brown 

Albert J. Carroll 

1201 N. Market Sfreet 

P.O. Box 1347 

Wilmington, Delaware 19899-1347 

Telephone: (302) 658-9200 

Attorneys for Respondent Delaware River & Bay 

Authority 

April 12, 2010 

3488789.5 

13 
Exhibit 60 
DX60 

T H E DELAWAR E RIVE R AN D BA Y AUTHORIT Y 

Delaware Memorial Bridge Cape May-Lewes Ferry 

Post Office Box 71 Pt,st Office Box 827 

New Castle, Delaware 19720 ^^ ^ Cape May, New Jersey 08204 

Tel.: (302)571-6300 Tel.: (609) 889-7200 

Fax: (302) 571-6367 Fax:(509)886-1021 

November 16,2009 

VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED 

Aero Ways, Inc. 

131 North DuPont Highway 

New Castle, DE 19720 

Re: NOTIFICATION OF AMOUNTS PAST DUE 

Gentlemen: 

For purposes of this letter, reference is made to (i) that certain Lease Agreement 

between the Delaware River and Bay Authority (the "DRBA") and C Belmont Holdings, LLC 

("C Belmont") dated as of February 9, 2007 (the "Hangar C Lease") together with that certain 

Sublease Agreement between C Belmont and Aero Ways, Inc. ("Aero Ways") dated as of 

February 9, 2007 pursuant to which the Hangar C Lease was subleased to Aero Ways, and (ii) 

that certain Lease Agreement between the DRBA and C Behnont dated as of February 9, 2007 

(the "Hangar D Lease" and together with the Hangar C Lease, the "Leases") together with that 

certain Sublease Agreement between C Belmont and Aero Ways dated as of February 9, 2007 

pursuant to which the Hangar D Lease was subleased to Aero Ways. 

Please be advised that the DRBA's records indicate that Aero Ways is delinquent 

in its payment of Rent (as defined in the Leases) and as of the date hereof has a balance of 

$111,030.61 past due and owing. The calculation of this amount is set forth on Exhibit "A" 

attached hereto. In addition, Aero Ways is also delinquent in the amount of $9,015.00 for 

payment of its short term hangar usage and quarterly permit fees. These amoxmts are also set 

forth on Exhibit "A". The total outstanding amount is $ 120,045.61. 

This letter serves as formal notice as required under Section 12(a)(i) of the 

Leases. We request payment of all outstanding amounts within five (5) business days fi-om the 

date of this notice. Aero Ways' failure to pay the foregoing amoimts due under the Leases 

within five (5) business days shall constitute an Event of Default (as defined in the Leases). 
Aero Ways, Inc. 

November 16,2009 

Page 2 

The DRBA hereby reserves all legal rights and remedies it may have under the 

Leases, mcluding, without limitation, its rights against C Belmont and Aero Ways in the event of 

an Event of Default. In addition, the DRBA reserves any rights it may have to recover the 

outstanding sums referenced above firom C. Belmont. 

If you have any questions regarding the calculation of the outstanding amounts 

due, please feel free to contact Todd Miller directly at (302) 325-5123. Thank you for your 

attention to this matter and the prompt payment of your outstanding amounts due. 

Sincerely, 

Delaware River and Bay Authority 

a body politic and an agency of the State of 

Delaware and State of New Jersey 

Name: Stephen D. Williams 

Title: Director of Airports 

cc: James T. Johnson, Jr., DRBA 

Frank Minor, DRBA 

Victor Ferzetti, DRBA 

Michelle Griscom-Collins, DRBA 

Todd Miller, DRBA 

Michael Houghton, Esquire, Morris, Nichols, Arsht & Tunnell, LLP 

Leslie Polizoti, Esquire, Morris, Nichols, Arsht & Tunnell, LLP 
Exhibit A 

Amounts Outstanding 

1. AMOUNTS DUE UNDER THE LEASES 

A. Fuel Flowage Fees 

Date 

12/20/07 

4/28/08 

5/29/08 

6/27/08 

7/23/08 

8/27/08 

9/26/08 

10/30/08 

11/25/08 

12/18/08 

1/30/09 

2/26/09 

3/27/09 

4/28/09 

5/29/09 

6/29/09 

7/16/09 

8/25/09 

9/28/09 

10/23/09 

Subtotal: 

Late Fee: 

TOTAL 

Amount 

2606.56 

4460.27 

3543.95 

3061.49 

2895.03 

1197.78 

4437.68 

2368.15 

2611.81 

2739.58 

3392.80 

2942.60 

1844.67 

2115.73 

2432.21 

1990.72 

2493.90 

2423.74 

2457.37 

3112.83 

Invoice # 

925490 

926058 

926196 

926339 

926487 

926624 

926751 

926877 

927018 

927139 

927283 

927420 

927533 

927622 

927745 

927852 

927988 

928106 

928216 

928327 

$55,128.87 

$ 826.93 

$55,955.80 

B. Landing Fees 

7/21/08 

10/27/08 

11/20/08 

12/10/08 

1/27/09 

2/24/09 

2/26/09 

4/23/09 

5/21/09 

6/23/09 

7/14/09 

8/24/09 

311.49 

219.69 

438.21 

323.64 

333.45 

345.24 

12.15 

334.62 

287.55 

185.94 

196.92 

334.27 

926352 

926765 

926896 

927031 

927157 

927296 

927432 

927544 

927633 

927761 

927871 

928018 
9/24/09 

10/20/09 

Subtotal 

Late Fee 

TOTAL 

C. Hang 

Feb 2009 

July 2009 

Aug 2009 

Oct 2009 

Nov 2009 

TOTAL 

184.77 928117 

288.72 928227 

$3,796.66 

$ 56.95 

$3,853.61 

ar C Rent 

3290.64 

3383.68 

3383.68 

3383.68 

3383.68 

$16,825.36 

ID. Hangar D Rent 

'Feb 2009 

; July 2009 

Aug 2009 

Oct 2009 

Nov 2009 

4411.12 

4535.85 

4535.85 

4535.85 

4535.85 

TOTAL $22,554.52 

£. 18% Interest Compounded Annually 

hiterest on Fuel Flowage (through 11/11/09): $9,204.61 

Interest on Landing Fees (through 11/11/09): $444.86 

hiterest on Hangar C rent (tiirough 11/11/09): $936.49 

Interest on Hangar D rent (through 11/11/09): $ 1255.36 

TOTAL $11,841.32 

2. OTHER OUTSTANDING BALANCES AMOUNTS 

A. Short Term Hangar Usage 

Nov 2008 4217.00 

Dec 2008 3042.00 

Jan 2009 1716.00 

TOTAL $8975.00 

B. Quarterly fuel permit 
10/30/08 20.00 926889 

12/18/08 20.00 927151 

TOTAL $40.00 

TOTAL OF ALL CHARGES PAST DUE: $120,045.61 
Exhibit 61 
T H E DELAWAR E 

Delaware Memorial Bridge 

Post Office Box 71 

New Castte, Delaware 19720 

Tel.: (302) 571-6300 

Fax: (302) 571-6367 

March 15,2010 

DX61 

B A Y AUTHORIT Y 

Cape May-Lewes Ferry 

Post Office Box 827 

Noith Cape May, New Jersey 08204 

Tel.: (609) 869-7200 

Fax: (609) 886-1021 

VIA CERTIFIED MAIL. RETURN RECEIPT REOUESTED 

Aero Ways, Inc. 

5 DRBA Way 

New Castle, DE 19720 

Aero Ways, Inc. 

131 North DuPont Highway 

Hangar C 

New Castle, DE 19720 

Re; NOTIFICATION OF AMOUNTS PAST DUE AND OWING BY 

AERO WAYS. INC. -

Gentlemen: 

We sent a letter on November 16, 2009 advising Aero Ways, Inc. ("Aero Ways") 

of amounts that were past due and owing to the Delaware River and Bay Authority (the 

"DRBA"). We are in receipt of a letter in response from Ms. Holli Singley, Vice President of C 

Belmont Holdings, LLC ("C Belmont") dated November 19,2009 (the "November 19"' Letter"). 

The payments included in the November 19* Letter were not sufficient to cure the delinquent 

amounts owed by Aero Ways and since then additional amounts have become past due and 

owing. 

^^h The November 19"* Letter asserted that the DRJBA has incorrectiy combined 

charges for Aero Ways and C Belmont. However, C Belmont misunderstands the financial 

obligations that Aero Ways and C Belmont have under that certain Lease Agreement between the 

DRBA and C Belmont dated as of February 9, 2007 (the "Hangar C Lease") and that certain 

Lease Agreement between the DRBA and C Belmont dated as of February 9,2007 (the "Hangar 

D Lease" and together with the Hangar C Lease, the "Leases"), hi 2007, the DRBA sold the 

hangars known as Hangar C and Hangar D to C Belmont. In connection with that sale, the 

We note that, since November 2009, the DRBA and Aero Ways have attempted to reach 

a global settlement of their disputes concerning Aero Ways' late payments and the Part 

16 action between Aero Ways and the DRBA. Because such a settlement has not been 

reached, the DRBA is continuing its efforts to collect the Rent (as defined in the Leases) 

that it is unquestionably owed. 
Aero Ways, Inc. 

March 15, 2010 

Page 2 

DRBA also ground leased the underlying land to C Belmont. The DRBA received a corporate 

guaranty from Aero Ways and a personal guaranty from Charles M. Belmont guaranteeing C 

Belmont's obligations under the Leases. At closing, C Belmont requested that the DRBA 

consent to the assignment of those ground leases to Aero Ways. The DRBA consented to the 

Sublease Agreement between C Belmont and Aero Ways dated as of February 9, 2007 (the 

"Hangar C Sublease") and the Sublease Agreement between C Belmont and Aero Ways dated as 

of February 9, 2007 (the "Hangar D Sublease" and together with the Hangar C Sublease, the 

"Subleases") provided that C Behnont was not released from any liability under the Leases. 

Section 10(a) of the Leases also provides that "[njotwithstanding any permitted 

assignment or subletting. Tenant shall at all times remain directly, primarily and fully 

responsible and liable for the payment of Rent herein specified" (emphasis added). Rent is 

defined in Section 3(d) of the Leases to include Annual Rent, Additional Rent and other 

payments hereunder or other charges due to Landlord. Section 4(o) requires the Tenant to pay a 

fuel flowage fee and Section 28 requires the Tenant to pay landing fees. As these are payments 

due to the DRBA under the Leases, these charges constitute part of the Rent. In addition, Rent 

includes other charges due to the Landlord, including, but not limited to, short term hangar usage 

fees and quarterly fuel permit fees. Aero Ways agreed in Section 4 of the Subleases to perform 

all obligations of C Belmont including its obligation to pay rent, taxes and other charges. 

Therefore, Aero Ways is responsible for the payment of the Rent which includes the ground rent 

as well as its fuel flowage fees, landing fees, short term hangar usages fees and quarterly fuel 

permit fees. 

The DRBA has the right to collect the outstanding Rent from Aero Ways. 

Pursuant to Section 4 of the Subleases, the DRBA has the right to bill Aero Ways directly for 

Rent. The DRBA also has the ability to seek recovery from Aero Ways following an Event of 

Default pursuant to Section 10(a) of the Lease and to enforce the Guaranty Aero Ways entered 

into pursuant to which Aero Ways guaranteed the obligations of C Behnont under the Lease. 

As of the date hereof, the DRBA's records indicate that Aero Ways is delinquent 

in its payment of Rent and has a balance of $132,134.67 past due and owing. The calculation of 

this amount is set forth on Exhibit "A" attached hereto. 

This letter serves as formal notice as required under Section 12(a)(i) of the 

Leases. We request payment of all outstanding amounts within five (5) business days firom the 

date of this notice. In the event all such amounts are not paid within five (5) business days, such 

failure shall constitute an Event of Default. 

The DRBA hereby reserves all legal rights and remedies it may have under the 

Leases including, without limitation, its right to enforce the Guaranty of Charles M. Belmont. 

If you have any questions regarding the calculation of the outstanding amounts 

due, please feel free to contact Michelle Griscom-Collins directly at (302) 571-6482. Thank you 

for your attention to this matter and the prompt payment of your outstanding amoimts due. 
Aero Ways, Inc. 

March 15, 2010 

Page 3 

Sincerely, 

Delaware River and Bay Authority, 

a body politic and an agency of the State of 

Delaware and the State of New Jersey 

Name 

Title: 

Stephen D. Williams 

Director of Airports 

cc: 

James Johnson, DRBA 

Victor Ferzetti, DRBA 

Michelle Griscom-Collins, DRBA 

Michael Houghton, Esquire, Morris, Nichols, Arsht & Tunnell LLP 

Leslie Polizoti, Esquire, Morris, Nichols, Arsht & Tunnell LLP 

C Belmont Holdings, LLC 

Charles M. Belmont 
Exhibit A 

AMOUNTS PAST DUE AND OWING UNDER THE LEASE 

Fuel Flowage Fees 

Invoice 

Number 

925490 

926058 

926196 

926339 

926487 

926624 

926751 

926877 

927018 

927139 

927283 

927420 

927533 

927622 

927745 

927852 

927988 

928106 

928216 

928327 

928442 

928590 

928703 

928851 

Subtotal: 

Late Fee: 

TOTAL 

Date 

12/20/07 

04/28/08 

05/29/08 

06/27/08 

07/23/08 

08/27/08 

09/26/08 

10/30/08 

11/25/08 

12/18/08 

01/30/09 

02/26/09 

03/27/09 

04/28/09 

05/29/09 

06/29/09 

07/16/09 

08/25/09 

09/28/09 

10/23/09 

11/25/09 

12/21/09 

01/27/10 

02/24/10 

Amount ($) 

$2,606.56 

$4,460.27 

$3,543.95 

$3,061.49 

$2,895.03 

$1,197.78 

$4,437.68 

$2,368.15 

$2,611.81 

$2,739.58 

$3,392.80 

$2,942.60 

$1,844.67 

$2,115.73 

$2,432.21 

$1,990.72 

$2,493.90 

$2,423.74 

$2,457.37 

$3,112.83 

$2,857.24 

$2,904.13 

$2,478.28 

$2,043.58 

$65,412.10 

$ 981.18 

$66,393.28 
B. Landing Fees 

Invoice 

Number 

927157 

927296 

927432 

927544 

927633 

927761 

927871 

928018 

928117 

928227 

928339 

928455 

928600 

928714 

Date 

01/27/09 

02/24/09 

03/24/09 

Amount ($) 

$333.45 

$345.24 

$12.15 . 

04/23/09» $334.62 

05/21/09 

06/23/09 

07/14/09 

08/24/09 

09/24/09 

10/20/09 

11/24/09 

12/11/09 

01/25/09 

02/23/10 

Subtotal $3,922.56 

Late Fee $ 58.84 

TOTAL $3,981.40 

C. Hangar CRent 

$287.55 

$185.94 

$196.92 

$334.26 

$184.77 

$288.72 

$300.51 

$346.77 

$403.29 

$368.37 

Feb 2009 3290.64 (Note: Check #1256 was applied to January 2009 rent) 

Jan 2010 3383.68 

Feb 2010 3383.68 . 

March 2010 3383.68 

TOTAL $13,441.68 

D. Hangar D Rent 

Feb 2009 4411.12 (Note: Check #1255 was applied to January 2009 rent) 

Jan 2010 4535.85 

Feb 2010 4535.85 

March 2010 4535.85 

TOTAL $18,018.67 
F. Short Term Hangar Usage 

Nov 2008 $4217.00 

Dec 2008 $3042.00 

Jan 2009 $1716.00 

Aug 2009 $ 923.00 

Sept 2009 $1,078.00 

TOTAL $10,976.00 

G. Quarterly Fuel Permits 

10/30/08 $20.00 926889 

12/18/08 $20.00 927151 

TOTAL $40.00 

H. 18% Interest Compounded Annually 

Interest on Fuel Flowage (through 3/9/10): $ 13,049.61 

Interest on Landing Fees (through 3/9/10): $795.62 

Interest on Hangar C rent (dirough 3/9/10): $846.47 

Interest on Hangar D rent (through 3/9/10): $ 1134.70 

Interest of Short Term Hangar Usage (through 3/9/10): $2370.61 

Interest on Quarterly Fuel Permits (through 3/9/10): $9.65 

Previously Invoiced Interest Charges on Rent for 

Hangars C and D (rent paid pursuant to November 19"* 

Letter but interest charges were not paid): $1,116.98 

TOTAL $19,323.64 

TOTAL OF ALL CHARGES PAST DUE: $132,134.67 
Exhibit 62 
DX62 

T H E DELAWAR E RIVE R AN D BA Y AUTHORIT Y 

Delaware Memorial Bridte ,. .. . r 

_ _ „ _ " Cjpe May-lewes Feriy 

New Castle, Delaware 19720 

Tel.: (302)571-6300 

Fax: (302) 571-6367 

Po»l Ottkt Box 827 

North Cape May, New Jersey 08204 

Tel.: (609) 889-7200 

Fax: (609) 886-1021 

March 15,2010 

VIA CERTIFIED MAIL. RETURN RECEIPT REOUESTED 

C Belmont Holdings, LLC C Belmont Holdings, LLC 

5 DRBA Way 131 North DuPont Highway 

New Castle, DE 19720 Hangar C 

New Castle, DE 19720 

Re: NOTIFICATION OF AMOUNTS PAST DUE AND OWING BY 

C BELMONT HOLDINGS. LLC 

Ms. Singley: 

We are in receipt of your letter dated November 19, 2009 (the "November 19"* 

Letter"). The payments enclosed with the November 19* Letter were not sufficient to cure the 

delinquent amounts owed by C Belmont Holdings, LLC ("C Belmont") and since then additional 

amounts have become past due and owing. ^ 

Your letter asserted that the Delaware River and Bay Authority (the "DRBA") has 

incorrectly combined charges for Aero Ways, Inc. ("Aero Ways") and C Belmont. However, C 

Belmont misunderstands the financial obligations it has to the DRBA as the Tenant under that 

certain Lease Agreement between the DRBA and C Behnont dated as of February 9, 2007 (the 

"Hangar C Lease") and that certain Lease Agreement between the DRBA and C Belmont dated 

as of February 9, 2007 (the "Hangar D Lease" and together with the Hangar C Lease, the 

"Leases"). In 2007, the DRBA sold the hangars known as Hangar C and Hangar D to C 

Belmont. In connection with that sale, the DRBA also ground leased the underlying land to C 

Belmont. The DRBA received a corporate guaranty from Aero Ways and a personal guaranty 

We note that, since November 2009, the DRBA and Aero Ways have attempted to reach 

a global settlement of their disputes concerning Aero Ways* late payments and the Part 

16 action between Aero Ways and the DRBA. Because such a settlement has not been 

reached, the DRBA is continuing its efforts to collect the Rent (as defined in the Leases) 

that it is unquestionably owed. 
C Belmont Holdings, LLC 

March 15, 2010 

Page 2 

from Charles M. Belmont guaranteeing C Belmont's obligations under the Leases. At closing, C 

Belmont requested that the DRBA consent to the assignment of those ground leases to Aero 

Ways. The DRBA consented to the Sublease Agreement between C Belmont and Aero Ways 

dated as of February 9. 2007 (the "Hangar C Sublease") and the Sublease Agreement between C 

Belmont and Aero Ways dated as of February 9, 2007 (the "Hangar D Sublease" and together 

with the Hangar C Sublease, the "Subleases") provided that C Belmont was not released from 

any liability under the Leases. 

Section 10(a) of the Leases also provides that "[n]otwithstanding any permitted 

assignment or subletting. Tenant shall at all times remain directly, primarily and fiilly 

responsible and liable for the payment of Rent herein specified" (emphasis added). Rent is 

defined in Section 3(d) of the Leases to include Annual Rent, Additional Rent and other 

payments hereunder or other charges due to Landlord. Section 4(o) requires the Tenant to pay a 

fuel flowage fee and Section 28 requires the Tenant to pay landing fees. In addition. Rent 

includes other charges due to the Landlord including, but not limited to, the short term hangar 

usage fees and quarterly fuel permit fees. Therefore. C Belmont is responsible for the payment of 

the Rent which includes the grovmd rent as well as the fuel flowage fees, landing fees, short term 

hangar fees and quarterly fuel permit fees incurred by its subtenant Aero Ways. In addition, the 

guarantors of C Belmont's obligations may be held responsible for payment of any outstanding 

Rent. 

As of the date hereof, the DRBA's records indicate that C Belmont is delinquent 

in its payment of Rent and has a balance of $132,134.67 past due and owing. The calculation of 

this amount is set forth on Exhibit "A" attached hereto. 

This letter serves as formal notice as required under Section 12(a)(i) of the 

Leases. We request payment of all outstanding amounts within five (5) business days from the 

date of this notice. In the event all such amounts are not paid within five (5) business days, such 

failure shall constitute an Event of Default. 

The DRBA hereby reserves all legal rights and remedies it may have under the 

Leases including, without limitation, its right to enforce the Guaranty of Charles M. Belmont. 

If you have any questions regarding the calculation of the outstanding amounts 

due, please feel free to contact Michelle Griscom-Collins directly at (302) 571-6482. Thank you 

for your attention to this matter and the prompt payment of your outstanding amounts due. 
C Belmont Holdings, LLC 

March 15,2010 

Page 3 

Sincerely, 

Delaware River and Bay Authority. 

a body politic and an agency of the State of 

Delaware and the State of New Jersey 

Name: Stephen D. Williams 

Title: Director of Airports 

cc: 

James Johnson. DRBA 

Victor Ferzetti, DRBA 

Michelle Griscom-Collins, DRBA 

Michael Houghton, Esquire, Morris, Nichols, Arsht & Tunnell LLP 

Leslie Polizoti, Esquire, Morris, Nichols, Arsht & Tunnell LLP 

Aero Ways, Inc. 

Charles M. Belmont 
Exhibit A 

AMOUNTS PAST DUE AND OWING UNDER THE LEASE 

A. Fuel Flowage Fees 

Invoice 

Number Date 

925490 

926058 

926196 

926339 

926487 

926624 

926751 

926877 

927018 

927139 

927283 

927420 

927533 

927622 

927745 

927852 

927988 

928106 

928216 

928327 

928442 

928590 

928703 

928851 

Subtotal: 

Late Fee: 

TOTAL 

12/20/07 

04/28/08 

05/29/08 

06/27/08 

07/23/08 

08/27/08 

09/26/08 

10/30/08 

11/25/08 

12/18/08 

01/30/09 

02/26/09 

03/27/09 

04/28/09 

05/29/09 

06/29/09 

07/16/09 

08/25/09 

09/28/09 

10/23/09 

11/25/09 

12/21/09 

01/27/10 

02/24/10 

Amount ($) 

$2,606.56 

$4,460.27 

$3,543.95 

$3,061.49 

$2,895.03 

$1,197.78 

$4,437.68 

$2,368.15 

$2,611.81 

$2,739.58 

$3,392.80 

$2,942.60 

$1,844.67 

$2,115.73 

$2,432.21 

$1,990.72 

$2,493.90 

$2,423.74 

$2,457.37 

$3,112.83 

$2,857.24 

$2,904.13 

$2,478.28 

$2,043.58 

$65,412.10 

$ 981.18 

$66,393.28 

B. Landing Fees 

Invoice 

Number 

927157 

927296 

927432 

927544 

Date 

01/27/09 

02/24/09 

03/24/09 

04/23/09 

Amount ($) 

$333.45 

$345.24 

$12.15 

$334.62 
927633 

927761 

927871 

928018 

928117 

928227 

928339 

928455 

928600 

928714 

05/21/09 

06/23/09 

07/14/09 

08/24/09 

09/24/09 

10/20/09 

11/24/09 

12/11/09 

01/25/09 

02/23/10 

Subtotal $3,922.56 

Late Fee $ 58.84 

TOTAL $3,981.40 

C. Hangar ( CRent 

$287.55 

$185.94 

$196.92 

$334.26 

$184.77 

$288.72 

$300.51 

$346.77 

$403.29 

$368.37 

Feb 2009 3290.64 (Note: Check #1256 was applied to January 2009 rent) 

Jan 2010 3383.68 

Feb 2010 3383.68 

March 2010 3383.68 

TOTAL $13,441.68 

D. Hangar D Rent 

Feb 2009 AAW.M (Note: Check #1255 was applied to January 2009 rent) 

Jan 2010 4535.85 

Feb 2010 4535.85 

March 2010 4535.85 

TOTAL $18,018.67 

F. Short Term Hangar Usage 

Nov 2008 $4217.00 

Dec 2008 $3042.00 

Jan 2009 $1716.00 

Aug 2009 $ 923.00 

Sept 2009 $1,078.00 

TOTAL $10,976.00 
G. Quarterly Fuel Permits 

10/30/08 $20.00 926889 

12/18/08 $20.00 927151 

TOTAL $40.00 

H. 18% Interest Compounded Annually 

Interest on Fuel Flowage (through 3/9/10): $ 13,049.61 

Interest on Landing Fees (through 3/9/10): $795.62 

Interest on Hangar C rent (through 3/9/10): $846.47 

Interest on Hangar D rent (through 3/9/10): $ 1134.70 

Interest of Short Term Hangar Usage (through 3/9/10): $2370.61 

Interest on Quarteriy Fuel Permits (through 3/9/10): $9.65 

Previously Invoiced Interest Charges on Rent for 

Hangars C and D (rent paid pursuant to November 19"* 

Letter but interest charges were not paid): $1,116.98 

TOTAL $19,323.64 

TOTAL OF ALL CHARGES PAST DUE: $132,134.67 
Exhibit 63 
DX63 

RULES 

AND 

REGULATIONS 

for 

NEW CASTLE AIRPORT 

September 

2000 

Amended 
AIRPORT 

RULES AND REGULATIONS 

New Castle Airport 

Statutory Authority 

The rules and regulations contained herein are adopted to govern all activities 

at New Castle Airport. The General Assembly, acting pursuant to provisions 

of §1726, Title 17 of the Delaware Code, has authorized the Delaware River & 

Bay Authority pursuant to the procedure set forth in the Delaware-New Jersey 

Compact (§1701, title 17, Delaware Code) and all other applicable statutory 

requirements, to lease and operate the New Castle County Airport, the Civil 

Air Terminal and the Delaware Airpark located in Cheswold, Delaware. 

Pursuant to Article VII of the Compact, the Authority is authorized to adopt 

rules and regulations to carry out and discharge its powers, duties and 

functions and pursuant to Article XV of the Compact, Delaware may provide 

be law what penalty or penalties shall be Imposed for violation of any lawful 

rule or regulation of the Authority and for the manner of enforcing the same. 

Pursuant the these provisions, the following applies to any person's failure to 

comply with, or violation of rules or regulations of the Authority relating to any 

airports which the Authority leases, acquires, develops or operates with the 

approval of the General Assembly. 

The provisions of this booklet supersede all previous editions of rules and 

regulations for New Castle Airport dated July 01,1995 and are set forth in the 

interests of public safety and efficient operation. 

Approved and Adopted by the Commissioners of the Delaware River & Bay 

Authority. 

AMENDED September 2000 

Resolution # 0047 
TABL

E OF CONTENTS 

SECTION 1 - DEFINITIONS AND USE 

1.01 

1.02 

1.03 

1.04 

1.05 

1.06 

1.07 

1.08 

1.09 

1.10 

1.11 

1.12 

1.13 

1.14 

1.15 

1.16 

1.17 

1.18 

1.19 

1.20 

1.21 

1.22 

1.23 

1.24 

1.25 

1.26 

1.27 

1.28 

1.29 

1.30 

1.31 

1.32 

1.33 

1.34 

1.35 

1.36 

1.37 

1.38 

1.39 

1.40 

1.41 

1.42 

Accident 

Advertising 

Aircraft 

Aircraft movement area 

Airfield sen/Ice vehicles 

Airport 

Airport administration office 

Airport employee 

Airport management 

Air Operations Area - AOA 

Apron or ramp 

Aviation operator 

Based aircraft 

Commercial activity 

Commercial vehicle 

DRBA 

Driver 

FBO 

Flammable liquids 

FUEL 

Fuel Handling 

General aviation 

Hazardous materials 

Itinerant operations 

Jet Aircraft 

Loading area 

Loading gate 

Local aircraft operations 

Motor Vehicle 

Movement Area 

Operator 

Operations office 

Permission 

Person 

Private vehicle 

Public vehicular parking areas 

Restricted areas 

Runway 

Solicitation or to solicit 

Taxiway 

Transient Aircraft 

Ultra-light vehicles 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

3 

3 

3 

3 

3 

3 

3 

3 

3 

3 

4 

4 

4 

4 

4 

4 

4 

4 

4 

4 

4 

SECTION 2 - GENERAL 
2.01 Authority to adopt rules and regulations 5 

2.02 The Airport Management 5 

2.03 Compliance with rules and regulations 5 

2.04 Suspension of activities 5 

2.05 Accidents 5 

2.06 Commercial activities must be approved 5 

2.07 Restricted areas 6 

2.08 Obstruction of public use 6 

2.09 Signs and advertisements 6 

2.10 Selling, soliciting and entertaining 6 

2.11 Responsibility for damages 6 

2.12 Animals 6 

2.13 Refuse Disposal 7 

2.14 Mislaid property 7 

2.15 Storage of property 7 

2.16 Demonstration, all other 7 

2 17 Use of airports 7 

2.18 Identification badges 7 

SECTION 3 - MOTOR VEHICLES 

3.01 Required licenses 8 

3.02 Operation of vehicles 8 

3.03 Stopping, standing or parking 9 

3.04 Vehicle sale or repair 9 

3.05 All vehicles operating in Airport Operational Areas 9 

3.06 Abandoned or illegally parked vehicles 9 

3.07 Employees' parking areas 9 

3.08 Courtesy vehicle 10 

3.09 Taxicab/buses 10 

3.10 Building entrance 10 

3.11 Charges made by the taxicab 10 

3.12 Temporary/transient vehicles 10 

SECTION 4 - AIRCRAFT OPERATIONS 

4.01 Conformance with Regulations 10 

4.02 Careless or negligent operation 10 

4.03 Safety of aircraft operation 1' 

4.04 Accident reports 1 

4.05 Qualified personnel to start and taxi aircraft 1' 

4.06 Right-of-way for aircraft 1" 

4.07 Speed of aircraft on ground 1' 

4.08 Operation in hangar prohibited 1' 

4.09 Navigational lights 1' 

4.10 Miscellaneous taxiing rules 1 

4.11 Aircraft parking 12 

4.12 Repairs to aircraft 12 

4.13 Disabled aircraft 12 

4.14 Disabled aircraft storage 12 
4.15 

4.16 

4.17 

4.18 

4.19 

4.20 

4.21 

4.22 

4.23 

4.24 

4.25 

4.26 

4.27 

Operations on other areas 

Landings and take offs 

Helicopters 

Motorless aircraft 

Parachutes 

Use of the airport 

Brakes 

Tail skids 

Securing of unattended aircraft 

Emergency 

Aerobatics prohibited 

Knowledge of regulations 

Washing of Aircraft and snow removal with chemicals 

SECTION 5 - AIRCRAFT FUELING 

5.01 

5.02 

5.03 

5.04 

5.05 

5.06 

5.07 

5.08 

5.09 

5.10 

5.11 

5.12 

5.13 

Aviation fuel 

Distance from buildings 

Fuel handling while engines are running 

Proper static grounds 

Fire extinguishers required 

Fueling equipment 

Fueling when passengers are aboard 

Smoking near aircraft 

Starting engines 

Fuel spills 

Fuel storage 

No photo flash bulbs 

Automotive refueling 

SECTION 6 - FIRE AND SAFETY 

6.01 

6.02 

6.03 

6.04 

6.05 

6.06 

6.07 

6.08 

6.09 

6.10 

6.11 

6.12 

6.13 

6.14 

6.15 

6.16 

6.17 

General Rule 

Obstructions 

Elimination of fire hazards 

Smoking 

Explosives 

Radioactive materials 

Firearms or destructive devices 

Fire apparatus 

Open fires 

Cleaning of aircraft 

Gasoline and oil spillage 

Hazards to aviation 

Combustible refuse 

The airport management 

Right of access to airport proper 

Right to inspect 

Discharge of a Pollutant or an air contaminant restricted 

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SECTION 7 • MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITIES 20 
SECTION 8 - PENALTIES 20 

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Section 9- Rules and Regulations for T-Hangars 22 

Section 10-Construction at the Airport 23 

Extiibit "A" Tenant Construction or Alteration Application 26 

8.01 

8.02 

8.03 

8.04 

8.05 

8.06 

8.07 

Violations 

Law Enforcement 

Notice of violation 

Parking 

No entry 

Tampering with perimeter fence 

Unauthorized access 

SECTION 1 - DEFINITIONS AND USE 

The general definitions contained In the Code of Federal Regulations, Title 14, Chapter 1, 

Part 1.1 and Title 2 §102, of the Delaware Code are hereby adopted in their current form, or 

as may be later amended, and are supplemented by the definitions listed below. The 

following terms as used in these rules and regulations shall have the following meanings: 

1.01 Accident 

A coliislon between an aircraft or a vehicle, and an aircraft, vehicle, person, stationary object 

or other object which results in property damage, bodily injury or death; or an entry onto or 

emerging from a moving aircraft or vehicle by a person which results in bodily injury or death 

to such person or some other person, or which results in property damage. 

1.02 Advertising 

The action of calling (as a commodity for sale, a sen/ice offered or desired ) to the attention 

of the public by means of posting, voicing, distributing or displaying signs, literature, 

circulars, pictures, sketches or other forms of printed or written material. 

1.03 Aircraft 

Shall mean any contrivance known or hereafter designed, invented, or used for navigation 

In the air, except a parachute or other contrivance used primarily as safety equipment. 

1.04 Aircraft movement area 

The runways, taxiways, and other areas of the airport utilized for taxiing, take-off and 

landing of aircraft exclusive of aircraft loading ramps and parking areas. 

1.05 Airfield service vehicles 

Vehicles routinely used for service and maintenance of the Air Operations Area. 

1.06 Airport 

An area of land that is used or intended to be used for the landing and take-off of aircraft. 

The New Castle Airport Is under the jurisdiction of and operated by the Delaware River & 
Bay Authority. 

1.07 Airport administration office 

The office of the Airport Management. 

1.08 Airport employee 

The authorized airport personnel of all organizations, activities, governmental agencies, 

located on or connected with the operation, maintenance, and servicing of the airport. 

1.09 Airport management 

Shall mean the Airports Director and staff members of the Airports Division. 

1.10 Air Operations Area - AOA 

All space on the airport where the general public and users of the airport are restricted by 

fence or posting, or such areas where aircraft are parked or operated, or where operations 

not open to the general public are conducted; and such term shall include, but is not limited 

to, the aircraft ramps, aprons, taxiways and runways. 

1.11 Apron or ramp 

Those areas of the airport within the AOA designated for the loading, unloading, 

servicing or parking of aircraft. 

1.12 Aviation operator 

Any person engaged in business of an aviation nature not within the scope of a Fixed 

Base Operator, as defined herein, who Is authorized to conduct such business by virtue 

of a contract with the DRBA. 

1.13 Based aircraft 

Any aircraft whose operator leases tie-down or hangar space from DRBA or one of the 

Fixed Based Operators (FBO's) on a month-to-month or longer term basis. 

1.14 Commercial activity 

The exchange, trading, buying, hiring or selling of commodities, goods, services or 

property of any kind, or any revenue producing activity on the airport. 

1.15 Commercial vehicle 

The term "commercial vehicle" means every vehicle designed, maintained or used 

primarily for the transportation of property or passengers in furtherance of commercial 

enterprise, regardless of whether the charge is paid for directly or indirectly by the 

customer being served. Examples of commercial vehicles Include but are not limited to, 

on duty taxicabs, limousines, courtesy vehicles, delivery and chartered/scheduled 

buses. 

1.16 DRBA 

The Delaware River & Bay Authority 

1.17 Driver 

Every person who drives, operates or Is in actual physical control of a vehicle. 

1.18 Fixed Base Operator 

Shall mean a firm doing business at the airport dedicated to the sale, storage and 

hangaring of aircraft, the sale of petroleum, oil and lubricants, the services of 

maintenance, repair and modification of aircraft, engines or other equipment, the 

cleaning and provisioning of aircraft, and the provision of transient and related services 
pursuant to an agreement with the DRBA. 

1.19 Flammable liquids 

Any liquid which emits a flammable vapor at or below a temperature of 100 degrees 

Fahrenheit, as determined by flash point from a Tagllabue Open Cup Tester, and shall 

Include, but Is not limited to, any other combustible liquids currently used for aircraft 

fuels. 

1.20 Fuel shall mean the substance, either solid, liquid or gaseous, used to operate any 

engine in aircraft or vehicles. 

1.21 Fuel Handling shall mean the transporting, delivering, fueling or draining of fuel or 

fuel waste products. 

1.22 General aviation 

All phases of aviation other than aircraft manufacturing, military aviation, scheduled, 

non-scheduled, and regulated air carrier operations. 

1.23 Hazardous materials 

A substance or material in a quantity or form that may pose an unreasonable risk to 

health or safety, or property when stored, transported, or used In commerce as defined 

by the U.S. Department of Transportation. 

1.24 Itinerant operations 

All aircraft arrivals and departures other than based aircraft. 

1.25 Jet Aircraft shall mean any and all aircraft which are not propeller-driven and 

which accomplish motion entirely as a direct reaction to the thrust of any engine, 

including but not limited to engines which operate on turbine, ram rocket or nuclear 

principles. 

1.26 Loading area 

A designated space for loading and unloading. 

1.27 Loading gate 

That space reserved for the loading of passengers onto commercial vehicles. 

1.28 Local aircraft operations 

Aircraft operating In the local traffic pattern, aircraft that are known to be departing for, or 

arriving from flight In local practice areas, aircraft making simulated instrument 

approaches or low passes at the airport. 

1.29 Motor vehicle 

Any self-propelled wheeled, tracked vehicle, or trailer hitched onto a motor vehicle upon 

by which a person or property may be transported, carried or othenwise moved from 

point to point, or for the service and maintenance of equipment or property. 

1. 30 Movement Area 

All runways, taxiways, and other areas of an airport which are used for taxiing, hover 

taxiing, take off, and landing of aircraft, exclusive of loading ramps, aircraft parking 

areas, and designated crossing areas. Airport signage and markings are published in 

the Airmans Infomiatlon Manual chapter 2 section 3. 
1.31 Operator 

The person, firm or corporation in possession of an aircraft or vehicle or by any person 

who has rented such for the purpose of operation by himself or his agent. 

1.32 Operations office 

The office in charge of all safety and operations of the airport. 

1.33 Permission 

shall mean a right of approval granted by the airport operator to conduct any activity on 

the airport. 

1.34 Person 

Any individual, firm, partnership, corporation, company, association, joint stock 

association, or body politic; and includes any trustee receiver, committee, assignee, or 

other representative or employee thereof. 

1.35 Private vehicle 

A vehicle transporting persons or property, for which no charge Is paid directly or 

Indirectly by the passenger or by any other entity, excepting, and excluding any vehicle 

that is a courtesy vehicle as defined herein. 

1.36 Public vehicular parking areas 

Those portions of the airport designated and made available temporarily or permanently 

by DRBA to the public for the parking of vehicles. 

1.37 Restricted areas 

Areas which are closed to the general public, pursuant to Federal Aviation Regulations, 

excluding airport access roads to private facilities. Those areas are defined as areas 

which are used to pertorm the everyday activities and operations of the airport. These 

areas include, but are not limited to the Airport Operations Area (AOA). These areas 

are restricted to use by authorized airport personnel while engaged In their respective 

duties only. 

1.38 Runway 

An improved surtace area reserved exclusively for the landing and taking off of aircraft. 

1.39 Solicitation or to solicit 

To directly or Indirectly, actively or passively, openly or subtly, ask (or endeavor to 

obtain by asking), request, implore, plead for, Importune, seek, or try to obtain. 

1.40 Taxiway 

Any surtace used to and from a runway and controlled by Airport Management. 

1.41 Transient aircraft 

An aircraft not using the airport as its permanent base of operations. 

1.42 Ultra-light vehicles 

A vehicle that is used only for aviation recreation or sport aviation purposes, and 

satisfies all criteria and requirements of the Federal Aviation Regulations, Part 103, 

including subsequent amendments. 

SECTION 2 • GENEFtAL 
2.01 Authority to adopt rules and regulations 

The Airport Management shall promulgate rules and regulations to govern the operation 

and control of the airport and taxing fees and charges, subject to approval by the 

Delaware River & Bay Authority Board of Commissioners. These regulations are subject 

to additions, cancellation or amendments as deemed necessary by the Airport 

Management and the Board of Commissioners. Any person, firm, partnership, 

association or corporation who shall violate these rules and regulations shall, upon 

receiving written notification from Airport Management identifying the violation shall be 

punishable by a fine, or may be removed or ejected from the airport premises and may 

be denied the use of the airport and its facilities. 

2.02 The Airport Management 

The Airport Management has the authority to take such action as may be necessary to 

safeguard the public in aftendance at the airport as well as all facilities under its control. 

Persons employed on or using the airport shall cooperate with the Airport Management 

to enforce these rules and regulations. The DRBA Police Department may issue 

warning notices and citation(s) for violations of these rules and regulations as 

warranted. In addition, the airport may remove or eject from the airport premises any 

person who knowingly and willfully violates any rule or regulation prescribed In this part, 

or any order or instruction Issued by the Airport Management, and may deny the use of 

the airport and Its facilities to any such person If he determines that such denial Is 

necessary under the circumstances. 

2.03 Compliance with rules and regulations 

Any permission granted by the Airport Management directly or indirectly, expressly or by 

Implication, to any person or persons to enter or use the airport or any part thereof 

(Including aircraft operators, crew members or passengers, spectators, operators of 

pleasure and commercial vehicles, officers and employees of airlines and any other 

persons occupying space within the airport, persons doing business with the DRBA, its 

lessees or sub-lessees and permittees, any other person whatsoever) is conditioned 

upon strict compliance with these rules and regulations and payment of such rates, fees 

or charges as may be established by the Airport Management. 

2.04 Suspension of activities 

The Airport Management may suspend or restrict any or all operations without regard to 

weather conditions or other considerations whenever such action is deemed necessary 

in the Interest of safety. 

2.05 Accidents 

Participants in an accident of any nature whatsoever on the airport shall notify airport 

management immediately and make a full report of same to the Airport Management, 

with the names and addresses of the parties involved within 2 hours. 

2.06 Commercial activities must be approved 

No person shall use New Castle Airport for the purpose of carrying out commercial 

activity; for the carrying for hire of passengers, freight, express, or mail; for the 

instruction in aviation in any of its branches; for the conduct of any phase of any aviation 

activity; for the sale of fuel or refreshments; or for any other commercial purpose without 

first securing a written permit from Airport Management and paying the fee and charges 

prescribed for such privileges, the use of the airport, its facilities, and for services 

rendered in conformance with the Federal Aviation Administration, State of Delaware, 

County of New Castle and DRBA statutes and regulations. 

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2.07 Restricted areas 

No person shall enter any restricted area of the airport posted as being closed to the 

public without permission, except persons assigned to duty therein or authorized 

representatives of the Airport Management. Air Operations Areas, are closed to the 

public, and no tenant shall permit any authorized person to gain access to the ramp 

either by private or common use passageways or through private areas. Proper 

authorization. Instruction and/or escort Is required from airport management or 

designated representative, prior to the use of any area or portion of the airport by 

officers or employees of the DRBA or by contractors acting specifically on behalf of the 

DRBA or by any policeman, fireman or other person(s) when required In the 

pertormance of official duties to be on airport property. 

2.08 Obstruction of public use 

No person shall travel by foot or vehicle on any portion of the airport except upon the 

roads, walks, or places provided for that particular class of traffic; nor occupy the roads 

or walks in such manner as to hinder or obstruct their proper use. 

2.09 Signs and advertisements 

No person shall post, distribute or display signs, advertisements, circulars, printed or 

written matter at the airport, except as authorized In writing by the Airport Management. 

2.10 Selling, soliciting and entertaining 

No person, except those authorized by contract with the DRBA or permission of Airport 

Management, shall in or upon any area, plafform, stain/vay, waiting room or other 

appurtenance of the airport: 

A. Solicit alms or funds for any purpose whatsoever; 

B. Sell, or offer for sale, any article or merchandise; 

C. Solicit any business or trade. Including the carrying of baggage for hire, or the 

shining of shoes; 

D. Entertain any persons by singing, dancing or playing any musical instrument. 

2.11 Responsibility for damages 

Any person causing damage to or destroying public property of any kind at New Castie 

Airport, including buildings, fixtures, or appurtenances, whether through violation of 

these rules and regulations or through any act or omission, shall be fully liable to the 

DRBA. Any such damage shall be reported at once to Airport Management. 

2.12 Animals 

No person may enter the airport with a domestic or wild animal without written 

permission of the Airport Management; 

Exceptions 

A. Person entering any part of the airport with a domestic animal that Is kept 

restrained by a leash or is confined so as to be completely under control; 

A. Person entering the terminal building or gate loading area with a small 

domestic animal (such as a dog or cat) that Is to be transported by air and is 

kept restrained by a leash or Is confined so as to be completely under control; 

or 

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A. Blind or deaf person entering the terminal building or gate loading area with a 

seelng-eye dog or hearing-aid dog. 

Any stray livestock or animal on the airport will be disposed of In accordance with the 

laws of the State of Delaware and the municipal ordinances applicable. 

2.13 Refuse Disposal 

No person shall place, discharge, or deposit in any manner, raw sewage, garbage, or any 

refuse in or upon the airport without the permission of the Airport Management and in 

prescribed containers. 

2.14 Mislaid property 

Any person finding any mislaid property on any of the airport premises shall deposit the 

same at the Airport Administration Office. The Airport Management shall immediately make 

a reasonable effort to ascertain the true owner of such property. In the event he/she cannot 

ascertain the true owner, any such property unclaimed by the true owner within sixty (60) 

days after its finding will be considered property of the Airport Management and may be 

disposed of at their discretion. 

2.15 Storage of property 

Unless othenvise provided by a lease or other contractual agreement, no person shall use 

any area of the airport, including buildings, either privately owned or publicly owned for the 

storage of cargo or any other property without permission of Airport Management. If 

notwithstanding the above prohibition, a person uses such areas for storage as aforesaid 

without first obtaining such permission, Airport Management shall have authority to order the 

cargo or any other property removed or to cause the same to be removed and stored at the 

expense of the owner or consignee thereof, without responsibility of liability for damages 

arising therefrom. 

2.16 Demonstration, all other 

No person shall conduct or participate in parading, marching, patrolling, demonstrating, sitins, assembling, distributing pamphlets or other material, carrying or displaying of signs or 

placards In or upon or in any manner whatsoever obstructing buildings, grounds, roads, 

walks, approaches or any of the property of the airport without the written permission of the 

Airport IVIanagement. 

2.17 Use of airports 

A. No person or group shall organize, promote or participate in any aviation 

event including but not limited to air shows, formation landings and 

takeoffs, use of "ski geared aircraft",parachuting, glider or ultra light aircraft 

and hot air balloon operations, banner towing, without the prior written 

approval of the Airport Management and the Federal Aviation 

Administration as required. Approval by Airport Management of any 

request to organize/sponsor an air show at New Castle Airport will be 

contingent upon the group/Individual satisfactorily completing all 

applications, operations plans, and special use operating permits 

required by Airport Management. 

A. Persons or parties wishing to conduct a commercial operation on the 

airport and not involved with a lease of buildings or ground from the 

DRBA will require an operating penult Issued by the Airport 

Management. The specific requirements to obtain this permit will be 

detailed by the Director of the Division of Airports and a fee charged for 

this pennit at the discretion of Airport Management. 

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2.18 IDENTIFICATION BADGES 

All personnel In the Airport Operations Area (AOA) are required to display a DRBA 

Issued Identification badge at all times. Any person or persons failing to comply with this 

regulation will be denied access to the AOA. 

SECTION 3 -MOTOR VEHICLES 

3.01 Required licenses 

No vehicle shall be operated in or about a vehicular parking area, or any road within the 

airport or upon any of the aircraft facilities, unless the driver thereof possess a rated 

operators license; except that approved ramp equipment may be operated on the public 

ramp and apron area by accredited employees certified by the employers to the Airport 

Management as qualified to operate such equipment. 

3.02 Operation of vehicles 

A. All vehicles and traffic ordinances of County of New Castie pertaining to the 

operation of vehicles on public streets shall apply on the airport. No vehicle 

(except emergency vehicles) shall be driven faster than 25 m.p.h. on any 

non public internal streets and taxiways. The speed limit for ramps, aprons, 

aircraft parking and hangar areas shall be 10 m.p.h. All operators of 

vehicles operating in the movement area must be alrtleld certified. 

A. No motor vehicle shall be driven In the Airport Operations Area without: 

- Proper authorization from airport operations. 

- Proper knowledge of operating vehicles In the AOA (Information required 

determined by airport management.) 

-The use of either an installed or portable alrtleld radio on Ground frequency 

121.70, or126.0 Tower frequency or 

-being properly escorted 

-parking Is not pemnltted In the aircraft tie down area 

A. All vehicles which for one reason or another are authorized to operate in the 

Airport Operations Area shall be painted (Vehicles operating in special and 

Infrequent instances may display an approved 12' x 8' fiag In lieu of being 

painted, upon special permission of the Airport Management). Between the 

hours of sunset and sunrise, such vehicles shall display an overhead yellow 

light which shall be visible from all directions and of sufficient brilliance to be 

seen under clear weather a distance of at least one mile with the naked eye, 

plus normal operating headlights and tail lights in addition to two red 

refiectors on each side and on the rear. Non-motor propelled carts and 

trailers shall have two amber reflectors on each side and two front and two 

rear. All refiectors shall be visible for at least 500 feet when opposed by 

normal vehicle headlights. 

3.03 Stopping, standing or parking 

No person shall drive, stop, stand or park a vehicle on a public vehicular parking area, 

operational area, or road within the airport except at such places and for such periods of 

time and at such speeds as may be prescribed or permitted by the Airport Management 

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or Indicated by appropriate signing. 

3.04 Vehicle sale or repair 

No person shall park, or operate a vehicle upon any roadway or other airport property 

for the principal purpose of: 

A. Displaying such vehicle for sale. 

B. Greasing, oiling, lubrication, painting or repairing such vehicle, except repairs 

necessary to remove vehicle. 

C. Displaying advertising. 

3.05 All vehicles operating In Airport Operational Areas will yield to aircraft at all times 

3.06 Abandoned or illegally parked vehicles 

A Airport Management officers finding a vehicle standing or parked upon a 

street or other public place on the airport in violation of the provisions of this 

section are authorized to move such vehicle or require the driver or the 

person In charge of the vehicle to move the same. 

B. No person shall abandon or park as "dead storage" any motor vehicle on the 

airport. Any vehicle parked or left unattended In violation of the provisions of 

this section may be taken into, custody by the DRBA Police and removed to a 

place of safe keeping. 

C. DRBA Police shall make every effort to notify the owner or operator of such 

vehicle as to its whereabouts within three (3) days of Its removal. Notice to be 

given in writing or other means of the fact of such removal and the reasons 

thereof and the place to which such vehicle has been removed. The person 

claiming it shall pay all costs incurred. 

D. DRBA Police may use airport or their own personnel, equipment, and facilities 

for removal and preservation of the vehicle, or may hire other personnel, 

equipment and facilities for those purposes. 

3.07 Employees' parking areas 

Employees' parking lots have been established for the exclusive use of those persons 

employed at the airport. All employees shall park their cars In the assigned employees' 

pari<ing area and in the parking spaces provided or in the areas as may be designated 

by the Airport Management. 

3.08 Courtesy vehicle 

The airport management will permit a hotel or motel to provide courtesy limousine 

service, providing the service Is free and those providing the courtesy limousine service 

abides by the airport's rules and regulations. 

3.09 Taxicab/buses 

No person shall operate any taxicab or public service vehicle from the airport unless 

such operation has the approval of the Airport Management and has obtained approved 

permits from the DRBA. 

3.10 Building entrance 

No driver of a taxicab/bus or public service vehicle shall be permitted in the waiting 

areas of the terminal building, or in any of the entrances or passages thereto for the 

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purpose of soliciting business. 

3.11 Charges made by the taxicab 

Charges made by the taxicab limousine or bus companies for conveyance of persons in 

their vehicles shall be posted In an appropriate place In the terminal building, in the 

vehicle, and made available to Airport Administration Office. 

3.12 Temporary/transient vehicles 

No temporary or transient vehicle shall be allowed In the terminal (ramp) area unless 

escorted by Safety staff vehicles. Temporary/transient vehicles, operating In the Air 

Operations Area outside the ramp must be marked by a company decal, logo or fiag, 

and have the permission of the Airport Management as indicated In Rule 8.5 of this 

section. 

SECTION 4 - AIRCRAFT OPERATIONS 

4.01 Conformance with Regulations 

All aeronautical activities at this airport, Including all aircraft In flight within air space or 

the airport, or In motion, or parked on the runways, taxiways, aprons, or ramps of the 

airport, shall be governed by the current Federal Aviation Administration, the Division of 

Aeronautics of the State of Delaware Rules and Regulations, as well as the rules and 

regulations of the airport and to the extent applicable with the orders and Instructions 

Issued by the Airport Management. 

4.02 Careless or negligent operation 

No vehicle or aircraft shall be operated on the surtace of a public aircraft parking and 

storage area or public landing area or public ramp and apron area in a careless or 

negligent manner or In disregard of the rights and safety of others, or without due 

caution and circumspection, or at a speed or in a manner which endangers 

unreasonably, or Is likely to endanger unreasonably, persons or property, or while the 

pilot or other persons aboard controlling any part of the operation thereof is under the 

influence of intoxicating liquor or any narcotic or habit-forming drug, or if such aircraft Is 

so constructed, equipped or loaded as to endanger unreasonably, or to be likely to 

endanger unreasonably, persons or property. 

4.03 Safety of aircraft operation 

In the event the Airport Management believes the conditions of the airport to be unsafe 

for landings or take offs, it shall be within his authority to issue a NOTAM closing the 

airport or any part thereof. This shall normally be accomplished by notice to the Millville 

Flight Service Center by the person authorized to represent the Airport Management. 

4.04 Accident reports 

Persons involved in aircraft accidents occurring on the airport shall make a full report 

thereof to the Airport Management, for transmittal to the Delaware Division of 

Aeronautics, as soon after an accident as possible, which shall Include their names and 

addresses. When a written report of an accident is required by the Federal Air 

Regulations, a copy of such report may be submitted to the Airport Management in 

addition to the report required above. 

4.05 Qualified personnel to start and taxi aircraft 

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No aircraft engine shall be started or aircraft taxied at the airport unless a pilot 

certificated to operate that particular type of aircraft, or a certificated A&E mechanic 

qualified to start and run up the engines of that particular type aircraft, shall be attending 

the controls. Wheel blocks and tie-downs or other approved devices for blocking an 

aircraft shall always be placed at the front and rear of each main landing wheel, and the 

brakes of the aircraft shall be on and locked before the engine or engines are started. 

4.06 Right-of-way for aircraft 

Taxiing aircraft shall have the right-of-way over all vehicles, except authorized 

emergency 

vehicles. No person shall taxi an aircraft until he has ascertained that there will be no 

danger of collision with any person or object in the Immediate area, 

4.07 Speed of aircraft on ground 

All aircraft shall be taxied at a safe and reasonable speed, with due regard for other 

aircraft, persons and property. 

4.08 Operation in hangar prohibited 

No aircraft shall be taxied into or out of a hangar under Its own power nor shall the 

engines be operated while the aircraft is Inside the hangar. 

4.09 Navigational lights 

If an aircraft Is parked, taxied, or towed while Its englne(s) are running, navigational 

lights shall remain on. 

4.10 Miscellaneous taxiing rules 

A. Aircraft not equipped with brakes shall have an attendant at a wing when the 

aircraft is taxied near buildings or other aircraft. 

B. All aircraft will taxi on hard surtace. 

C. Aircraft taxiing shall conform to the taxi patterns as established by the Airport 

Management. 

D. Federal Aviation Regulations will be observed at all times. 

4.11 Aircraft parking 

No person shall park an aircraft or leave the same standing on a public landing area, 

public aircraft ramp and apron area, public passenger ramp and apron area, public 

cargo ramp and apron area, public aircraft parking and storage area, or operational area 

of the airport, except at such places as may be prescribed or permitted by the Airport 

Management. The landing gear of every such aircraft shall be chocked with wheel 

blocks or other approved devices, except in the procedure followed by scheduled 

alriines, which must be equally safe. Upon direction from Airport Management, the 

operator of any aircraft parked or stored at any area shall move said aircraft from the 

place where It Is parked or stored to any other designated place; if the operator refuses 

to comply with such direction, the Airport Management may tow said aircraft to such 

designated place at the operator's expense, and without liability for damage which may 

result In the course of such moving. The operator or owner is responsible for any 

damage done by or to his aircraft. 

4.12 Repairs to aircraft 

No personnel shall perform major repairs to aircraft on any ramp, apron, taxiway, 

runway, or in any public area at the airport except upon approval from the Airport 

Management. All such repairs must be pertomied In a hangar designed for that purpose. 

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All aircraft found in a state of disassembly on the airport will be considered disabled and 

derelict and shall be subject to such remedial action as may be considered necessary 

by the Airport Management. 

4.13 Disabled aircraft 

Unless required or directed by the Airport Management, or Authorized Representatives 

of the Federal Aviation Administration, or National Transportation Safety Board, or 

Delaware Division of Aeronautics, to delay such action pending an investigation, all 

disabled aircraft and parts thereof on the airport shall be promptly removed from the 

airport by the owner. If any person refuses to move an aircraft as directed by the Airport 

Management, said aircraft may be removed by the DRBA at the owner's or operator's 

expense for any damage done in the course of or after such moving. The same shall 

apply to removal of a wrecked or damaged aircraft and Its parts. 

4.14 Disabled aircraft storage 

No person shall park or store a damaged or disabled aircraft at the airport for more than 

thirty (30) days except: 

A. When undergoing or awaiting repairs at a repair facility, or 

A. When specifically authorized by prior written permission of the Airport 

Management. 

4.15 Operations on other areas 

No aircraft shall take off or land on taxiways or any paved or unpaved areas other than 

the designated runways except with specific permission of the Airport Management In 

an emergency. 

4.16 Landings and take offs 

A. The Airport Management may prohibit any aircraft takeoff or landing, except 

for emergency landing, at any time and under any circumstances when he 

deems such landing or take off likely to endanger persons or property. Airport 

Management also Is authorized to prohibit takeoff of any aircraft whenever, in 

his opinion, any debt or account of owner, pilot or passenger Is unpaid or 

whenever the Management finds same Is desirable to prevent any crime or 

misdemeanor or to apprehend any person believed to t>e guilty of any crime 

or misdemeanor. The Airport Management may also prohibit in all or In any 

part, the use of the airport for any purpose by an individual group. 

B. Any pilot landing after having declared an emergency Is required to provide 

airport personnel with details of the Incident and reasons for declaring an 

emergency. 

4.17 hieiicopters 

Helicopters when not In use shall have brake devices and/or rotor mooring tie-downs 

applied to the rotor blades. 

4.18 Motorless aircraft 

No motoriess aircraft may land or take off at the airport without pemnlssion of the Airport 

Management. 

4.19 Parachutes 

Except in an emergency, no parachute landings shall be made at the airport without the 

17 
written permission of the Airport Management. 

4.20 Use of the airport 

No experimental aircraft, limited licensed aircraft, kits or home-made aircraft, ultra-light, 

banner towing or fighter type aircraft will operate from the airport, unless an exception Is 

granted by the Airport Management. 

4.21 Brakes 

Aircraft, either locally based or making frequent local usage, shall be landed on or taken 

off from the airport unless It is equipped with properiy functioning brakes that are 

consistent with the safe operation of the aircraft. 

4.22 Tail skids 

No aircraft equipped with a tail skid shall land or take off from or be based on the airport. 

4.23 Securing of unattended aircraft 

No aircraft shall be left unattended on the airport unless properiy secured or within a 

hangar or tied down. Owners of such aircraft shall be held responsible for any damage 

resulting from failure to comply with this rule. 

4.24 Emergency 

During an emergency, all aircraft shall clear active runways and shall hold their 

positions. 

4.25 Aerobatics prohibited 

No aircraft shall be fiown within the Airport Traffic Zone In maneuvers other than those 

required In normal routine operations. 

4.26 Knowledge of regulations 

It shall be the responsibility of all persons, firnis and corporations operating on the 

airport to acquaint themselves, their pilots. Instructors, and students with the Federal 

Aviation Regulations and all airport rules and regulations contained herein. 

4.27 Washing of Aircraft and snow and Ice removal with chemicals 

No person shall wash an aircraft in or upon the airport other than at a location or 

locations specified by the Airport Management for aircraft washing. The removal of 

snow and ice from aircraft with chemical substances shall only be accomplished at a 

location or locations specified by the Airport Management in accordance with all federal, 

state and County regulations. 

SECTION 5 - AIRCRAFT FUELING 

5.01 Aviation fuel 

A. No person shall dispense fuel either to the public or to private aircraft either 

owned by himself or others except those vendors authorized by the Airport 

Management. All persons conducting fuel operations at the airport shall have 

proper documentation of training to conduct such operation. All fuel handling 

operations must meet all Federal, State, and county codes and the following 

prohibitions, restrictions and requirements apply at the airport. 

A. Only Essential Personnel Permitted. Only personnel engaged in the fueling, 

maintenance, and operation of an aircraft shall be permitted within 50 feet of 

18 
fuel tanks of such aircraft during any such operation. 

5.02 Distance from buildings 

Aircraft fuel handling at the airport shall be conducted at a distance of at least fifty (50) 

feet from any hangar or other building. There will be no fueling or de-fueling of aircraft 

or vehicles Inside any building or hangar. 

5.03 Fuel handling while engines are running 

Aircraft fueling Is prohibited while the engine of the aircraft being fueled is running. 

5.04 Proper static grounds 

During all fuel handling operations in connection with any aircraft at the airport, the 

aircraft and the fuel dispensing or draining apparatus shall be grounded by wire to 

prevent the possibility of static ignition of volatile liquids and gases. 

5.05 Fire extinguishers required 

During fuel handling operations In connection with any aircraft at the airport, adequate 

fire extinguishers approved by the fire underwriters shall always be immediately 

available for use. 

5.06 Fueling equipment 

Fueling hoses and defueling equiprrient must be maintained In a safe, non-leaking 

condition. Fueling trucks will be kept clean and at all times free of leaks, oil and grease. 

5.07 Fueling when passengers are aboard 

During fuel handling and transfer In connection with any aircraft, no passenger shall be 

permitted to remain In such aircraft unless In each case a cabin attendant Is at the door 

and a passenger ramp Is in position If the same should be required for the safe and 

rapid debarkation of passengers. 

5.08 Smoking near aircraft 

Smoking is prohibited in or about any aircraft or on any ramp, apron or loading position 

where fueling is taking place. Only personnel engaged in fuel handling or In the 

maintenance and operation of the aircraft being fueled shall be permitted within a 

distance of 50 feet of the fuel tanks of such aircraft during the fuel handling operations. 

5.09 Starting engines 

No person shall start the engines of any aircraft where there Is any type of fuel exposed 

on the ground under the aircraft. 

5.10 Fuel spills 

Persons engaged in the fueling and defueling of aircraft shall exercise care to prevent 

spillage of fuel. In the event of a fuel spill, the Airport Management shall be notified 

immediately. The operator shall be fully responsible for the costs to remove said 

material and/or the restoration of grounds or pavements damaged or altered by the 

spillage. 

5.11 Fuel storage 

A. All fuel tanks will conform to the appropriate Municipal Fire Codes, applicable 

NFPA standards, state and federal regulations. 

B. Persons or companies using any fuel tanks are responsible for keeping yards 

19 
free of weeds for a distance of five feet outside of yard fences. Yards will be 

kept free of trash and other debris at all times. 

A. Under no circumstances shall a fueling vehicle be left unattended at a fuel 

tank during the loading or unloading process. Loading or unloading shall not 

be considered complete until the delivery hose is detached from both vehicle 

and tank. 

A. Care shall be taken In filling tanks to ensure that they are not filled to the point 

where they will overflow from heat expansion. 

5.12 No photo flash bulbs 

No photo fiash bulbs, electrical tools, drills, buffers or similar tools which produce sparks 

or arcs shall be used in the immediate vicinity of aircraft during fueling operations. 

5.13 Automotive refueling 

Automotive and vehicular ramp equipment shall be refueled only at refueling stations 

and from dispensing devices approved by the Airport Management. No aircraft refueling 

apparatus shall be used for automotive refueling purposes. 

SECTION 6 - FIRE AND SAFETY 

6.01 General Rule 

No person In or upon the airport shall do or omit to do any act If the doing or omission 

thereof endangers unreasonably or Is likely to endanger unreasonably persons or 

property. All persons using, In any way, any airport or the facility of the airport shall 

exercise the utmost care to guard against fire and injury to persons or property. All 

recommendations emanating from the Airport Management or the Local Fire 

Department shall be complied with by any and all tenants, lessees and personnel 

without delay. 

6.02 Obstructions 

All hangar doors, fire hydrants and pits, hose boxes, and all fire fighting apparatus and 

other appurtenances shall be kept clear of obstructions at all times. 

6.03 Elimination of fire hazards 

When the Airport Management has In writing notified or requested any lessee, tenant, or 

other person on the airport to correct or eliminate any fire hazard on the airport for which 

such lessee, tenant, or other person Is responsible, such lessee, tenant, or other person 

shall correct or eliminate such hazard In the manner and within the time prescribed in 

the written notification or request received by him. 

6.04 Smoking 

No person shall smoke or carry lighted cigars, cigarettes, pipes, matches or any naked 

fiame In or upon any fuel storage areas, public ramp and apron area, or public aircraft 

parking and storage area or in any other place where smoking is specifically prohibited 

by signs, or upon any open space within fifty (50) feet of any fuel carrier or aircraft which 

is not in motion; nor shall any person throw from an open deck, gallery or balcony 

contiguous to such areas, or such carriers or aircraft, cigars, cigarettes or similar 

articles. 

20 
6.05 Explosives 

No person shall, keep, transport, handle, dispose or store at, in or upon the airport any 

cargo of explosives or other dangerous articles which are barred from loading in or 

ti^ansportation by civil aircraft In the United States under the provisions of the Federal Air 

Regulations. Any waiver of such regulations or of any part thereof by any competent 

governmental authority shall not constitute or be construed to constitute a waiver of this 

rule or an implied permission to keep, transport, handle or store such explosives or 

other dangerous articles at, in or upon the airport. 

6.06 Radioactive materials 

No person shall without prior permission of the Airport Management, store, keep, 

handle, use or transport at, In or upon the airport the following radioactive materials: 

A. Source materials (as defined in Standards for Protection Against Radiation, 

promulgated by the Atomic Energy Commission. Titie 10, Code of Federal 

Regulations, Part 20) including, but not limited to Uranium, Thorium, or any 

combination thereof (but not Including the "unimportant quantities of source 

material" set forth In 10 CFR 40.13); 

B. Special nuclear material (as defined in Standards for Protection Against 

Radiation promulgated by the Atomic Energy Commission, Title 10, Code 

of Federal Regulations, part 20) including, but not limited to, Plutonium, 

Uranium 233. Uranium enriched in the Isotope 233 or In the Isotope 235, or 

any material artificially enriched by any of the foregoing. 

C. Nuclear reactor fuel elements that are partially expended or irradiated; 

D. New nuclear reactor fuel elements; 

E. Radioactive waste material; 

F. Any radioactive material moving under an Interstate Commerce 

Commission special permit and escort. 

Advance notice of at least forty-eight (48) hours shall he given the Airport Management 

to permit full investigation and clearance for any operation requiring a waiver to this rule. 

The permission of the Airport Management may be given to movements of radioactive 

materials only when such materials are packaged, marked, labeled and limited as 

required by ttie Interstate Commerce Commission and Federal Aviation Administration 

regulations applying to transportation of explosives and other dangerous articles and do 

not create undue hazard to life or property at the airport. 

6.07 Firearms or destructive devices 

No person shall carry or possess a firearm or destructive device on the airport except: 

A. FIreanns enclosed In a carrying case or other container for shipment by air; 

.B. Firearms carried by peace officers, government employees, or members of the Armed 

Forces of the United States, when such person is on official duty which 

authorizes the possession of a firearm. 

6.08 Fire apparatus 

All tenants or lessees shall supply and maintain such adequate and readily accessible 

fire extinguishers as are approved by the National Fire Protection Association for the 

particular hazard involved as may be recommended by the Fire Department. All fire 

apparatus shall be maintained in first class operable condition. 

6.09 Open fires 

No person shall start any open fires of any type, including but not limited to, open flame 

heaters, flare pots, or torches on any part of the airport without permission from the 

2 1 
Airport Management. 

6.10 Cleaning of aircraft 

Cleaning of aircraft shall be done only In areas designated for that purpose by the 

Airport Management. 

6.11 Gasoline and oil spillage 

Receptacles containing waste oil must he placed In containers provided by the tenant 

and disposed of as the law requires. Throwing oil on the pavement or on any grassed or 

planted area Is prohibited, and any offender shall be liable for damage thereto as 

determined by the Airport Management. 

6.12 Hazards to aviation 

No person shall operate or release any model aircraft rocket, kite, balloon, parachute, or 

other article or substance upon or over the boundaries of the airport or in aircraft zones 

approach where a hazard to safe fiight would he created, without the prior approval of 

the Airport Management except: 

A. Personnel of the National Weather Service, United States Department of 

Commerce, when performing their official duties; 

B. Persons parachuting from an aircraft In an emergency situation; 

C. Persons releasing seeds, sprays, dusts, or similar substances for horticultural 

or agricultural purposes over farms adjacent to the airport. 

6.13 Combustible refuse 

A. No person will dump any refuse, oil waste or soil-can waste in any storm 

sewer, drainage ditch or natural drain within or adjacent to the airport 

boundary. 

B. No person shall keep uncovered trash containers In any outside area. 

Covered trash containers shall have a means of securing trash container 

cover to the receptacle. 

6.14 Airport Management 

Airport Management may as necessary establish Standard Operating Procedures with 

other Individuals, groups, or agencies for dealing with the operational emergencies that 

arise on the airport. 

6.15 Right of access to airport property 

A. The Airport Management shall have the responsibility of providing and 

designating access gates In the perimeter fencing of the airport for use by 

emergency equipment. 

B. The Airport Management reserves the right to deny access to the airport to 

any person or persons not directiy connected with emergency operations. 

C. Pedestrian traffic beyond any portion of the perimeter fencing of the airport 

to the scene of an accident within the airport Is strictiy prohibited. 

6.16 Right to inspect 

Right to inspect at any time all buildings leased at New Castle Airport to identify any 

potential safety hazards and lease violations. 

6.17 Discharge of a Pollutant or an air contaminant restricted 

Delaware law (7Del. C, §6028) requires strict controls over the discharge of pollutants or 

22 
air contaminant. Therefore, the following conditions apply at the airport. 

A. Spills. Any hazardous material or pollutant spill on a paved surtace of the 

airport which covers a surface area whose diameter Is six (6) feet [1.8 

meters 25 gallons] or greater, or on an unpaved surface area of the 

airport, must be reported to the Department of Natural Resources and 

Environmental Control (DNREC) of the State and to Airport Management. 

The provisions of the Airport Certification Manual (ACM) shall also apply. 

B. Spill Containment Capability. All Fixed Base Operators (FBO's) and 

tenants with self-fueling capability shall have on hand at all times sufficient 

containment booms to form a three (3) Inch high barrier around the spill if 

the circumference of the containment circle Is sixteen (16) feet [4.9 

meters]. Additionally, they shall have sufficient cleanup absorbents, 

pillows, pads, etc. to pick up a minimum often (10) gallons [37.85 liters] of 

the product and to store the same (saturated booms, blankets, etc.) in a 

sealed container or containers until proper disposal can be effected. The 

salvage drum or drums shall be approved by the U.S. Department of 

Transportation (DOT-E-10102). 

B. Aircraft Preflight Inspection. No hazardous substance or pollutant shall 

be disposed of onto any paved surface, the ground or the air at the airport 

during aircraft prefilght Inspection. 

B. Deicing. The use of pavement and/or aircraft deicers at the airport 

requires prior written permission from Airport Management. The following 

conditions shall apply: 

(1) No glycol-based deicer may be used on any aircraft parking area or 

ramp under the control of the Airport Authority. 

(2) Airport Management shall Inspect and approve of the containment 

plan and mechanisms to be used for aircraft deicing operations by tenants 

on their demised premises before Issuing permission for aircraft deicing 

on the airport. The main terminal ramp has been designated as the only 

area where glycol can be dispense in the open 

B. Aircraft Washing. Prior written permission must be obtained from the 

Airport Operator for the washing of aircraft on the demised premises of a 

tenant, in order to receive such permission, the area used for aircraft 

washing shall be paved and provided with containment curbs and floor 

drains. All drains shall be provided with oil-water separators. Drains 

flowing Into the Sanitary Sewer System must be approved by the Public 

Works Department of New Castie County. Airport l^anagement reserves 

the right to require the use of biodegradable cleansing products. 

B. Right of Inspection. Airport Management reserves the right of entry onto 

the grounds and facilities of any tenant during their hours of business for 

the purpose of Inspection to determine compliance with all applicable 

Federal, State and County laws and ordinances including, but not limited 

to, applicable environmental practices that are prescribed by law or 

regulation. Areas of special Interest are: 

23 
(1) Ground vehicle fueling operations; 

(2) Aircraft maintenance facilities; 

(3) FBO maintenance facilities; 

(4) Other areas where aircraft overhauls, preventive maintenance, 

painting, washing or refurbishing occur; and 

(5) Ground vehicle maintenance facilities. 

B. Right of Independent Action. Should Airport Management detemnine 

that during the course of an environmental Incident the responsible party 

is not, is not capable of, has not, or refuses to take, the appropriate action 

in a timely manner to mitigate the adverse environmental Incident (this 

determination Is solely that of the Airport Authority), then Airport 

Management reserves the right to employ those actions or services that 

the Airport Management detennines appropriate to control and/or clean up 

the site. The cost of such actions or services shall be borne by the 

responsible party. 

SECTION 7 - MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITIES 

A. All commercial aeronautical services must provide buildings and lease land in 

accordance with the approved Minimum Standards Manual at the New Castie Airport. 

SECTION 8 - PENALTIES 

8.0 1 Violations 

Any person or persons operating or handling aircraft, or operating any vehicle, 

equipment or apparatus on the airport, or using any of the airport facilities In violation of 

these rules and regulations shall be prosecuted and subject to the penalties provided by 

applicable Delaware law. Any person who knowingly, willfully, or recklessly violates any 

rule or regulation prescribed In these regulations or any order or Instruction Issued by 

the Airport Management herein may be removed or rejected from the airport premises 

and may be denied the use of the airport and Its facilities. 

(a) Any person failing to comply with or violating any rule or regulation of the authority 

relating to the management and operation of any airport shall be guilty of a violation of 

law. Upon conviction thereof, a penalty In the form of a fine not less than Ten Dollars 

($10.00) or more than One Thousand Dollars ($1,000.00) and costs shall be assessed 

for the first offense. For the second offense occurring within twelve (12) months after 

the date of the first offense, the penalty shall be a fine of not less than Fifty Dollars 

($50.00) or more than One thousand Dollars ($1,000.00). For each subsequent offense 

thereafter, but occurring within twelve (12) months of the date of the first offense, the 

penalty shall be a fine of not less than One Hundred dollars ($100.00) or more than One 

Thousand dollars ($1,000.00). Each day any violation of the relevant rules and 

regulations shall continue constitutes a separate offense for which a separate penalty 

for each day shall be imposed. 

(b) Justices of the Peace of this State shall have jurisdiction throughout the State to 

24 
hear, try and finally determine and violations of any rule or regulation of the Authority. 

Any person convicted of such violation may be fined not .more than One Thousand 

Dollars ($1,000.00) for violation. Fines collected for the violation of any rule or 

regulation of the Authority shall inure and be paid to the state Treasurer for the General 

Fund. 

(c) Any person arrested without a warrant for any violation of an Authority rule or 

regulation shall have such person's case heard and determined by a Justice of the 

Peace. 

(d) A summons In appropriate lorm to be adopted by the Department of Public Safety 

may be attached to any unattended vehicle found In valuation of any rule or regulation of 

the Authority by any police officer authorized to arrest for violations of any Authority rule 

or regulation in lieu of arrest of the operator of such vehicle. 

8.02 Law Enforcement 

All DRBA Police Officers, State Police, County Police Officers or Municipal Police 

Officers may, within their jurisdictional boundaries, enforce all of the provisions 

contained in the airport rules and regulation manual adopted by the DRBA Board of 

Commissioners. 

8.03 Notice of violation 

Upon the observance by the Airport Management, his representatives, or any member 

of the DRBA Department of a violation of the Airport Rules and Regulations, an 

appropriate notice of violation may be issued. In the event such violation is committed 

by an airport employee, notification of same may be transmitted to the respective 

employer. 

8.04 Parking 

Any person guilty of overtime parking at parking meters or parked in areas posted "No 

Parking" or other restricted or prohibited areas shall be fined In the sum of Ten Dollars 

($10.00) provided, further, that such fine shall be paid not later than one hundred sixtyeight hours (7 days) following the Issuance of the written notification of such violation. If 

the fine Is not paid within one hundred and sixty-eight hours (7 days), the amount of 

such fine will be increased to Twenty Dollars ($20.00). Any motor vehicle parked or left 

standing In a posted "No Parking" area or other restricted or prohibited areas may be 

towed away or otherwise moved by any DRBA police officer. Such motor vehicle shall 

be subject to a lien for the amount of said towing away or moving and for storage of said 

vehicle. 

8.05 No Entry 

Operation of any type of motor vehicle, bicycle or any pedestrian on foot shall be 

prohibited on any airport ramp, taxiway, runway, apron or airfield service and access 

roads, except for airport vehicles, FAA maintenance vehicles, fuel trucks, catering 

trucks, and ground service equipment, or vehicles authorized by the Airport 

Management. 

8.06 Tampering with perimeter fence 

Any person tampering with cutting, or altering any portion of the perimeter fence to 

Include gates, locks, and signs will be subject to the penalties provided by these rules 

and regulations and by Delaware law. 

25 
8.07 Unauthorized access 

Any non-tenant having gained access to the Air Operations Area, unescorted by the 

tenant, by utilizing a tenants key or key card shall be considered trespassing. Also 

subject to the penalties provided by these rules and regulations and by Delaware law. 

26 
Section 9 T-Hangar Rules and Regulations 

T-HANGAR RULES AND REGULATION 

The following are rules and regulations governing use of the multiple type Thangars located at the New Castie Airport. 

1. Each one of the individual T-hangar spaces is designed for the housing of 

one airplane only. Although there will be some excess space around 

airplanes of the smaller type, It is not intended to permit any attempt to crowd 

two airplanes into any one T-hangar space or to allow use of such excess 

space for any other purpose except the housing of owner's automobile while 

they are out with their plane, (the automobile Is to be removed upon return of 

the airplane to the hangar;) necessary housing of personal gear for which 

small portable cabinet may be Installed by occupant if desired; housing of 

supplies and accessories required for use with one airplane, exclusive of 

gasoline and oil. 

2. No airplane repair or overhaul work Is to be permitted or conducted in any of 

the T-hangar spaces without proper authorization. Owners are reminded of 

FAR 43, 65, and 91, prohibiting maintenance in unsuitable locations by 

unlicenced persons. 

3. Doors are to be kept closed at all times except when an airplane Is being moved 

in or out of the T-hangar. The T-hangar renter will be responsible for security of 

the hangar door at all times. 

4. In the assignment of the individual T-hangar spaces, active airplanes shall have 

preference over dead storage airplanes. Application for dead storage will be 

considered only In the event of space to spare and shall be subject to removal on 

24 hours notice when space Is needed for active airplanes. 

5. There shall be no structural alterations made to buildings, wiring, piping, or other; 

no holes drilled or punched, no nails or screws driven Into any floor, walls, or 

ceilings, without the written approval of the DRBA. Any repairs that need to be 

accomplished shall be reported to the Airport Management office. 

6. There shall be no lettering or signs or any other painting done in or on the 

building. 

7. There shall be no storage of snowmobiles, mobile homes, boats.motorcycles or 

any non aeronautical vehicles, equipment or supplies within any aircraft T -

hangar. 

8. The occupant shall keep his/her section of the building, grounds, and aprons 

pertaining thereto In a clean, neat and orderly condition at ail times. 

9. All fire extinguishers will be Inspected and certified once a year. The T-hangar 

occupant is responsible for the storing and safe keeping of the fire extinguisher 

27 
during his/her time of occupancy. 

10. It shall be the responsibility of a tenant who decides to relinquish his/her regulariy 

assigned space to notify DRBA In writing one full month prior to the end of that 

respective month. This will preclude Improper billing and facilitate planning for 

subsequent reassignment. 

11. There shall be no refueling of aircraft In the T-hangar area unless the aircraft is 

grounded and is fueled by a certified agent. There shall be NO FUELING INSIDE 

THE T-HANGAR at any time. 

12. Hangar lights and aircraft engine heaters should not be left on unless the 

occupant Is using the facility. 

13. No aircraft may be tied down outside of any T-hangar. 

14. No fuels or oils may be disposed of on the ground at any time when using the 

facility. 

15. There will be no smoking Inside the T-hangars at any time. 

16. The Airport Director, and/or his/her designated staff, have the right to inspect all 

tenant premises and to observe tenant activities as a condition to and a method 

of preventing unsafe practices. 

17. Each tenant will need to show proof of adequate liability Insurance before a unit 

will be rented. 

Section 10- Construction at the Airport 

1. The airport tenant shall not make or cause to be made any of the foregoing which 

affects in any way the exterior of any structures or portion thereof, or the 

structural supporting frame, roof or structural part of any structure now or 

hereafter existing at the Airport. The airport tenant shall with respect to the 

foregoing obtain comprehensive general liability insurance in such limits as shall 

be proper and adequate commensurate with the type of work to be performed 

and the hazards and risks pertaining thereto. 

2. The Tenant shall not do any work or permit others to do any work at the Airport 

without the prior written consent of the DRBA. Wori< done at the Airport without 

the approval of the DRBA shall either be changed to the satisfaction of the DRBA 

or removed from the affected portion of the Airport to the condition thereof prior 

to the doing of said work at the cost of the tenant. 

3. Prior to the commencement of construction by the Tenant or others with the 

permission of the Tenant, the Tenant shall submit to the DRBA two sets of plans 

and specifications that have been signed and stamped by a licensed engineer in 

the state of Delaware for the Operator's consent. The DRBA may refuse to grant 

consent, If any such proposed work as set forth in said plans and specifications 

(all of which shall be in such detail as may reasonably permit Airport 

Management to make a determination as to wether the requirements hereinafter 

referred to are met) shall: 

28 
Be structurally unsound, unsafe, hazardous or Improper for the use and 

occupancy for which It Is designed, or not comply with the harmony of 

exterior architecture of similar existing or future construction at the Airport, 

or 

Not be compatible with external building materials and finishes of similar 

existing or future construction at the Airport, or will not provide for 

sufficient clearances for taxiways, runways and apron areas, or 

Be designed for use for purposes other than those authorized under the 

agreement, or 

Not provide adequate circulation arteries for vehicular and pedestrian 

traffic and fire-fighting equipment, or Interfere with the line of sight 

between the Control Tower and the public landing area at the Airport, or 

not comply with the Airport Operator's Airport Layout Plan and Approved 

Major Development Plan, or 

Has not obtained the proper pemrtits from SHPO, DELDOT, DENREC, 

FAA, New Castie County Including building, sewer and water, County 

Planning approval, or the State Aeronautics office In advance of the 

proposed construction, or Be In violation or contravention of any other 

provisions and terms of this Agreement. 

4. The Airport Tenant hereby assumes the risk of loss or damage to all property of 

the Authority arising out of or in connection with the performance of the work. In 

the event of such loss or damage, the Airport Tenant shall forthwith, repair, 

replace and make good the work and the property of the airport without cost or 

expense to the airport. The Airport Tenant shall indemnify and hold harmless the 

Airport, Its Commissioners, officers, agents and employees from and against all 

claims and demands, Just and unjust, or third persons (Including employees, 

officers and agents of the airport) arising or alleged to arise out of the 

performance of the work and for all expenses Incurred by It and by them in the 

defense, settlement or satisfaction thereof, including without limitation thereto, 

claims and demands for death, for personal Injury or for property damage direct 

or consequential, wether they arise from acts or omissions of the airport or of 

third persons, or from acts of God or of the public enemy. 

5. All work shall be done In accordance with drawings and specification to be 

submitted to and approved by the Authority prior to commencement of the work, 

and shall be subject to its Inspection, and the Airport Tenant shall re-do or 

replace at its own expense any work not done In accordance with the drawings 

and specifications submitted and approved by the Authority. 

6. The Airport Tenant shall pay or cause to be paid all claims lawfully made against 

it by Its contractors, subcontractors, material men and woricmen, and all claims 

lav\/fully made against it by other third persons arising out of or in connection with 

or because of the performance of the work, and shall cause its contractors and 

subcontractors to pay claims lawfully made against them. Nothing herein 

contained shall be deemed to constitute consent to the creation of any lien or 

claim against the Authority. All contracts entered Into by an airport tenant shall 

contain a no mechanics lien provision. 

7. With respect to work, the Airport Tenant shall procure and maintain 

comprehensive general liability Insurance, including automotive, covering bodily 

lnjury(includlng death) and property damage liability, shall be In addition to all 

policies of Insurance otherwise required by this agreement, or, if the wori< is to be 

29 
done by an independent contractor or others the Airport Tenant shall require 

such contractor or others to procure and maintain such Insurance In the name of 

the contractor or others and In any case naming the Authority as an additional 

assured, said insurance not to contain any care, custody, or control exclusions, 

and In such minimum limits as the DRBA shall require In connection with similar 

work at other airports. 

8. As to any Insurance required by tills Section, such insurance shall be maintained 

In effect during the performance of the work. Proof of Insurance must be 

submitted to the Airports Division two (2) weeks prior to the start of construction. 

g. The tenant shall be responsible for all contracts for work let by it or others, and 

for any loss or damages resulting therefrom, notwithstanding the same have 

been approved by the Authority and notwithstanding the Incorporation therein of 

Authority recommendations. The DRBA shall have no liability or obligations In 

connection with any contracts entered Into by the tenant or others for the work 

and the tenant hereby releases and discharges the DRBA, its Commissioners, 

officers, representatives and employees of and from any and all liability or claims 

for damages or losses of any kind wether legal or equitable, or from any action or 

cause of action arising or alleged to arise out of the performance of any work 

pursuant to such contracts. Any warranties contained In any such contract shall 

be for the benefit of the DRBA as the tenant or others. 

10. The word "work" as used In this Section shall be deemed to mean the 

construction, erection or Installation of any buildings. Structures, improvements, 

additions or fixtures (other than trade fixtures to the area affected) or any 

modifications, replacements, alterations, or repairs made at the airport by the 

tenant. 

11. If the DRBA has paid any sum or sums or has Incurred any obligations or 

expense which the tenant has agreed to pay or reimburse the DRBA for, or if the 

DTRBA Is required or elects to pay any sum or sums or incurs any obligations or 

expense by reason of the failure or neglect of the tenant to preform or fulfill any 

one or more of the conditions, provisions or agreements contained in this 

agreement or as a result of an act or omission of the tenant contrary to the said 

conditions, provisions or agreements, the tenant shall pay to the DRBA the sum 

or sums so paid or the expense so incurred, including all interest, costs, 

damages and penalties. 

12. The DRBA, by Its officers, employees, agents, representatives and contractors 

shall have the right at all reasonable times to enter upon the leasehold for the 

purpose of Inspecting the same, for observing the performance by the Tenant of 

its obligations under this agreement, and for the doing of any act or thing which 

the DRBA may be obligated or have the right to do under this agreement. 

13. Nothing in this Section shall or shall be construed to impose upon the DRBA any 

obligations to construct or maintain or to make repairs, replacements, alterations 

or additions, or shall create any liability for any failure so to do. The DRBA shall 

not In any event be liable for any injury damage to any property or to any person. 

30 
END 

3 1 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on the 12th day of April, 2010, she caused 

to be served the REBUTTAL OF THE DELAWARE RIVER AND BAY AUTHORITY IN 

RESPONSE TO AERO WAYS' REPLY on the following in the manner indicated: 

BY FEDERAL EXPRESS 

Office of the Chief Counsel 

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 

Room 925 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Original and three copies 

Elizabeth Weir 

Office of the Chief Counsel, AGC-610 

FAA - Airports Law Branch 

800 Independence Avenue 

Washington, DC 20591 

One copy 

BY FEDERAL EXPRESS 

Joseph Michael Lamonaca, Esq. 

Attorney for Aero Ways, Inc. 

New Castle County Airport 

P.O. Box 10583 

Wilmington, DE 19850-0583 

Email: avlaw@prodigy.net 

One copy