reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 36 - Industrial Access Program › Section 36.4 - Eligible projects

Current through Register Vol. 46, No. 28, July 10, 2024
Eligible projects shall include highway, bridge and Stewart
				  Airport facilities projects which are an integral part of an economic
				  development effort which seeks to or will retain, attract, expand or revitalize
				  an industrial or agribusiness facility. Highway and bridge projects on which
				  construction has been initiated are ineligible for funding under this program.
				  Other improvements to an industrial facility may be commenced without affecting
				  the eligibility of an industrial access project.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 36 - Industrial Access Program › Section 36.5 - Eligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				following costs are eligible for funding under this program:
(1) industrial access project design
				costs;
(2) costs for completing and
				updating previously prepared plans, specifications and estimates where
				additional engineering or related planning work is required in order to
				undertake construction of the industrial access project;
(3) costs associated with standard
				construction activities which are normal and reasonable costs of construction
				work performed under contract; and
(4) acquisition of real property.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 36 - Industrial Access Program › Section 36.6 - Process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Proposals may
				be submitted to the appropriate Department of Transportation regional office by
				any State agency involved in promoting the economic development of the State,
				including but not limited to, the Department of Economic Development,
				Agriculture and Markets, the Urban Development Corporation, the Job Development
				Authority, or by a municipality or industrial development agency. A private
				entity shall submit its proposal through a government sponsor (State agency,
				municipality or industrial development agency). The Department of
				Transportation may act as the government sponsor for Stewart Airport facilities
				and similar projects.
(b) A
				proposal shall include, but not necessarily be limited to the following:
(1) a description of the industrial access
				project, including an implementation schedule and the provisions for public use
				and maintenance for the useful life of the transportation facility to be
				provided by the project;
(2) a
				description of how the economic development project, of which the industrial
				access project is a part, is consistent with the regional economic development
				strategy, if applicable, and the State's economic development goals;
(3) a declaration of the number of jobs to be
				created or retained by the economic development project;
(4) a description of the financing schedule
				for the economic development project, of which the industrial access project is
				a part, demonstrating the need for the State participation in the industrial
				access project component;
(5) an
				affirmation by the responsible public official or chief executive officer of
				the sponsoring agency that existing funding programs are not available or
				appropriate for the industrial access project due to:
(i) ineligibility for funding sources that
				are available;
(ii) unavailability
				of funding from other government programs;
(iii) unavailability of funding from private
				sources;
(iv) unavailability of
				funding commitment from any source in time to achieve obligatory and
				irrevocable project commitments;
(v) other causes, as applicable.
(6) a description of the method or
				plans for repayment to the State of 40 percent of the industrial access project
				costs.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 36 - Industrial Access Program › Section 36.7 - Criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department
				of Transportation will evaluate the proposals submitted against criteria which
				will include:
(1) adequacy of the proposed
				industrial access improvements as well as the impact on the existing
				transportation system in the vicinity, and compatibility with transportation
				plans, programs and projects for the area;
(2) impact on existing and proposed economic
				development programs and projects for the area and the appropriateness of the
				proposed economic development project to these programs as well as the plans of
				State and other agencies involved in promoting economic development, including
				support for the project from an economic development standpoint.
(3) the total number of jobs created or
				retained per dollar invested in the industrial access project, including
				consideration of the amount of other investment and economic factors related to
				the transportation improvement;
(4)
				availability of alternative funding sources within the time frame required for
				viable economic development;
(5)
				adequacy of the affirmation that existing funding programs are not available or
				appropriate; and
(6) the repayment
				ability of the party designated to repay 40 percent of the industrial access
				project costs to the State.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 36 - Industrial Access Program › Section 36.8 - Agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department
				of Transportation will accept proposals for industrial access projects and will
				select those which most closely meet the purposes of the industrial access
				program and the criteria in section
				36.7  of this
				Part, and, subject to the availability of funds within the appropriation, shall
				enter into an agreement with the appropriate State agency, public benefit
				corporation, county, town, city, village, or other appropriate entity
				sponsoring the project.
(b) Such
				agreement will include, but will not be limited to:
(1) a construction schedule for the economic
				development project;
(2) provision
				for and a schedule for repayment to the State of 40 percent of the industrial
				access project costs within the time period specified by law. Such repayment
				may be made by a private or governmental entity, individually or in
				combination;
(3) provision for the
				design, construction, and maintenance for the useful life, of the
				transportation facility constructed under the industrial access
				project;
(4) provision that the
				construction of the industrial access project will be in accordance with
				standards specified by the Department of Transportation, and shall be by
				competitive bid if the construction cost of the industrial access project is
				greater than $50,000;
(5) a
				complete description of, including commitment to, the economic benefit to be
				produced by the industrial access project;
(6) the procedure for payment by the State of
				the eligible costs of the industrial access project; and
(7) provision for complying with equal
				employment opportunity requirements specified in Governor's Executive Order 21
				of August 3, 1983, (9 NYCRR 4.21) and other requirements of applicable New York
				State law.
(8) Provisions for the
				erection of a sign which meets the specifications of the Department of
				Transportation at the site of the economic development project identifying the
				project as an industrial access project, if such a sign is feasible.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 39 - Implementation Of The Accelerated Capacity And Transportation Improvements Of The Nineties Bond Act › Section 39.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the State and this department to conserve
				  and protect State revenues through the efficient and prudent expenditure of
				  State funds received from the sale of bonds and/or notes pursuant to the
				  Accelerated Capacity and Transportation Improvements of the Nineties Bond Act.
				  It is further the policy of the State and this department that, to the extent
				  possible, New York State contractors, subcontractors and suppliers participate
				  and bid on contracts for improvements financed through the use of such
				  revenues.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 39 - Implementation Of The Accelerated Capacity And Transportation Improvements Of The Nineties Bond Act › Section 39.2 - Notice of opportunities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Prior to the awarding of any contract for the acquisition of goods or services
				of any kind, other than employment in the civil service, in the actual or
				estimated amount of $5,000 or more financed by monies received by the State
				from the sale of bonds and/or notes pursuant to the Accelerated Capacity and
				Transportation Improvements of the Nineties Bond Act, the department shall
				submit to the Commissioner of Economic Development information sufficient to
				enable publication of the notices of procurement contract opportunities in the
				Procurement Opportunities Newsletter. Such information shall be submitted in
				sufficient time to allow a minimum of 15 business days between publication of
				such notice and the date on which a bid or proposal is due, except where a
				shorter period is specifically authorized by law.
(b) The department shall not award a
				procurement contract so financed unless a notice of a procurement contract
				opportunity had been published in the Procurement Opportunities Newsletter or
				unless such procurement contract is exempted from the requirements for such
				publication, as hereinafter set forth.
(c) The provisions of this section shall not
				apply to:
(1) procurement contracts awarded on
				an emergency or critical need basis;
(2) procurement contracts being re-bid or
				re-solicited for substantially the same goods or services within 45 business
				days after the date bids or proposals were originally due;
(3) procurement contracts awarded pursuant to
				section 175, 175-a, 175-b, or 175-c of the State Finance Law;
(4) procurement contracts awarded to
				not-for-profit providers of human services.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 39 - Implementation Of The Accelerated Capacity And Transportation Improvements Of The Nineties Bond Act › Section 39.3 - Reports of contractors

Current through Register Vol. 46, No. 28, July 10, 2024
All contractors shall submit a report, in narrative or other
				  appropriate form, as supplementing materials to their bids, documenting
				  evidence of their efforts to encourage the participation of New York suppliers
				  and subcontractors on accelerated capacity and transportation improvements and
				  municipal bridge improvements financed pursuant to article 20 of the
				  Transportation Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 42 - Travel And Information Centers › Section 42.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with chapter 385 of the Laws of 1996 and
				  notwithstanding 17 NYCRR Part 156 or any other regulation to the contrary, the
				  department is authorized to publicly offer, solicit and accept bids and
				  proposals and to enter into agreements, contracts or leases for the
				  construction and operation of suitable facilities for gas stations, restaurants
				  and other commercial facilities for the service and convenience of the public
				  at the site of exit 51 of the Long Island Expressway, the service roads of the
				  Long Island Expressway and at other sites as determined by the Commissioner of
				  Transportation.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 42 - Travel And Information Centers › Section 42.2 - Development, operation and maintenance agreements

Current through Register Vol. 46, No. 28, July 10, 2024
The Department may award and enter into one or more
				  agreements, contracts, or leases, including ground or development leases, with
				  one or more parties to provide for the development, operation and/or
				  maintenance of the facilities referred to in section
				  42.1  of this
				  Part. Except for agreements, contracts or leases with State agencies, public
				  authorities, municipalities, or local convention and visitor bureaus, any such
				  development, operation and/or maintenance agreements, contracts or leases
				  awarded or entered into pursuant to this Part shall be awarded to the
				  responsible party or parties based upon the department's evaluation of the
				  quality and value, including return to the State, of proposals submitted to the
				  department in response to a publicly advertised request for
				  proposals.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 42 - Travel And Information Centers › Section 42.3 - Agreements for multiple facilities

Current through Register Vol. 46, No. 28, July 10, 2024
When, in the judgement of the commissioner, it shall be in
				  the best interest of the public, the department may enter into agreements,
				  contracts or leases for the development, operation and/or maintenance of
				  multiple facilities for the service and convenience of the public as one or
				  more units.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 42 - Travel And Information Centers › Section 42.4 - Agreements with municipalities, State agencies, public authorities and other entities

Current through Register Vol. 46, No. 28, July 10, 2024
The department may enter into agreements with municipalities,
				  other State agencies, public authorities and any other entities regarding the
				  development, operation and/or maintenance of the facilities provided for in
				  section
				  42.1  of this
				  Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 42 - Travel And Information Centers › Section 42.5 - Visitor or tourist information and services centers

Current through Register Vol. 46, No. 28, July 10, 2024
In connection with development, operation and maintenance
				  agreements executed pursuant to section
				  42.2 
				  of this Part or otherwise, the department is authorized to enter into
				  agreements, contracts, or leases to provide for the development, operation
				  and/or maintenance of a visitor or tourist information and services center to
				  be leased for operation to the local convention and visitor bureau in
				  connection with the operation of facilities pursuant to this Part. If such
				  convention and visitor bureau does not exist or declines to enter into such an
				  agreement, contract, or lease, the department may otherwise arrange for the
				  provision of such a center.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 42 - Travel And Information Centers › Section 42.7 - Motor vehicle inspections

Current through Register Vol. 46, No. 28, July 10, 2024
The department may utilize facilities constructed pursuant to
				  this Part to carry our the departments inspections of motor vehicles as
				  authorized or required by State or Federal laws or
				  regulations.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 42 - Travel And Information Centers › Section 42.8 - Parking of vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise permitted by the Department of
				  Transportation by the posting of signs or otherwise, the parking of a vehicle
				  for longer than two consecutive hours at facilities authorized by this Part
				  shall be prohibited. Vehicles parked in violation of this section may be
				  removed at the owner's expense.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The Single Audit Pilot Program applies to municipalities and
				  public authorities that:
(a) expend in
				excess of $100,000 in any fiscal year from the combined funds provided through
				State transportation programs, projects, grants, contracts or agreements
				administered by the Department of Transportation; and
(b) are required to have a Federal single
				audit performed for that fiscal year under the Federal Single Audit Act of
				1984, as amended.
[FN1] The Single Audit Program is defined in section 21  of the Transportation Law. Affected
				  municipalities and public authorities are required to submit single state
				  audits for fiscal years commencing after December 31, 2000.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.2 - Schedule of State transportation assistance expended

Current through Register Vol. 46, No. 28, July 10, 2024
For its fiscal years commencing after December 31, 2000, the
				  municipality or public authority shall prepare either:
(a) a supplementary "schedule of State
				transportation assistance expended" which shall include the following:
(1) the name of the municipality or public
				authority;
(2) the period covered
				by the schedule;
(3) the title of
				the State transportation programs funded; and
(4) the amounts actually expended during the
				period identified under the State Transportation Program; or
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.3 - Management representations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				When preparing "schedule of State transportation assistance expended," or the
				combined supplementary "schedule of expenditures of Federal awards and State
				transportation assistance expended," as required by section
				43.2 
				of this Part, the auditor shall obtain representations from the appropriate
				management of the municipality or public authority stating the full names and
				addresses of the individuals responsible for the management of the project and
				acknowledging that said management:
(1) is
				responsible for compliance with the laws, regulations, and provisions of
				contracts and grant agreements applicable to the auditee for State
				transportation assistance programs;
(2) is responsible for establishing and
				maintaining effective internal control over financial reporting and reporting
				on State transportation assistance;
(3) has identified and disclosed to the
				auditor all laws, regulations, contracts, and grant agreements that could have
				any direct and material effect on the preparation of financial statements or
				the audits required under these regulations;
(4) has identified and disclosed to the
				auditor any and all known instances of material noncompliance, violations or
				possible violations of laws, regulations, and provisions of contracts and grant
				agreements whose effects should be considered for disclosure in the financial
				statements or the audit documents required under these regulations or as a
				basis for recording a loss contingency claim.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.4 - Audit in conjunction with Federal single audit

Current through Register Vol. 46, No. 28, July 10, 2024
For its fiscal years commencing after December 31, 2000,
				  affected municipalities or public authorities shall arrange, through the
				  independent auditor who performs the Federal single audit, to have the
				  supplementary "schedule of State transportation assistance expended" (or the
				  combined supplementary "schedule of expenditures of Federal awards and State
				  transportation assistance expended") audited in conjunction with the Federal
				  single audit.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.5 - Auditor's report

Current through Register Vol. 46, No. 28, July 10, 2024
The independent auditor shall include the following as part
				  of the reporting package for the Federal single audit, or as a separate State
				  reporting package:
(a) auditor's
				opinion on the supplementary "schedule of State transportation assistance
				expended." The independent auditor shall include the following in the report on
				the municipality's or public authority's financial statements:
(1) a description of the accompanying
				supplementary "schedule of State transportation assistance expended" (or a
				combined supplement "schedule of expenditures of Federal awards and State
				transportation assistance expended.") This identification may be by descriptive
				title or by page number or reference to the schedule; and
(2) a statement that the accompanying
				supplementary information, including the supplementary "schedule of State
				transportation assistance expended" (or a combined supplementary "schedule of
				expenditures of Federal awards and State transportation assistance expended")
				is presented for purposes of additional analysis and is not a required part of
				the financial statements;
(3) an
				opinion on whether the accompanying supplementary "schedule of State
				transportation assistance expended" (or a combined supplementary "schedule of
				expenditures of Federal awards and State transportation assistance expended")
				is fairly stated, in all material respects, in relation to the financial
				statements taken as a whole; and
(4) either the supplementary "schedule of
				State transportation assistance expended", a combined supplementary "schedule
				of expenditures of Federal awards and State transportation assistance expended"
				incorporated in the report issued to meet the Federal single audit
				requirements, or a separate report on the supplementary "schedule of State
				transportation assistance expended" may be issued;
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.6 - Filing of audit reports

Current through Register Vol. 46, No. 28, July 10, 2024
Audit reports and schedules are required to be filed with the
				  Department of Transportation (Attn: Contract Audit Bureau, New York State
				  Department of Transportation, 1220 Washington Avenue, Albany, NY 12232) within
				  the earlier of 30 days after receipt of the reports by the municipality or
				  public authority or within nine months of the end of the municipality's or
				  public authority's fiscal year being reported on.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.7 - Subrecipients

Current through Register Vol. 46, No. 28, July 10, 2024
Some municipalities and public authorities receive State
				  transportation assistance funds through municipalities, public authorities or
				  State agencies other than the New York State Department of Transportation. Such
				  funds, unless disbursed by the New York State Thruway Authority on behalf of
				  the New York State Department of Transportation, shall not be included in
				  determining whether this Part applies to the municipality or public authority.
				  Such funds shall be treated for the purposes of this Part as a procurement
				  activity.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.8 - Charging of audit costs

Current through Register Vol. 46, No. 28, July 10, 2024
Any incremental audit costs incurred by a municipality or
				  public authority in compliance with these regulations may be allocated as an
				  indirect cost to the State transportation assistance programs audited in
				  proportion to the total annual amounts expended by the municipality or public
				  authority for State transportation assistance programs, if such programs allow
				  for the reimbursement of indirect costs and funds are provided for such
				  purposes. Funds assigned for administrative purposes in accordance with
				  statute, rules or regulations, grants, contracts, agreements, or program
				  guidelines may be used for such purposes if agreed to in writing in advance by
				  the New York State Department of Transportation.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.9 - Additional Department of Transportation audit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Transportation shall not impose any
				  additional audit requirements on municipalities or public authorities which
				  have an audit performed under this regulation, except as additional audits are
				  deemed necessary by the commissioner for:
(a) periods on project close-out audits not
				covered by this regulation;
(b)
				resolution of material known questioned costs;
(c) resolution of non-compliance which is
				deemed material to the schedule of expenditures of State transportation
				assistance;
(d) unresolved
				reportable conditions which are also material weaknesses to the financial
				statements or the schedule of State transportation assistance;
(e) indications of irregularities or fraud,
				waste or abuse; or
(f) audits
				deemed necessary by the commissioner in fulfillment of monitoring
				responsibilities under Federal programs, or to comply with Federal compliance
				requirements.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 43 - Single Audit Pilot Program › Section 43.10 - Guidance

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Transportation will issue guidance to
				  facilitate compliance with the requirements of this Pilot Program. Such
				  guidance may be obtained from the department's contract audit
				  bureau.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 75 - Approval Of Privately Owned Airports › Section 75.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the terms hereinafter listed
				  shall mean as follows:
(a) Landing
				area. Any locality, either of land or water, including airports and
				intermediate landing fields, which is used or intended to be used for the
				landing and takeoff of aircraft, whether or not facilities are provided for
				shelter, servicing or repair of aircraft or for receiving or discharging
				passengers or cargo.
(b) Airport.
				Any landing area used regularly by aircraft for receiving or discharging
				passengers or cargo; or for the landing and takeoff of aircraft being used for
				personal or training purposes.
(c)
				Airport improvement. The extension, alteration, addition to or realignment of
				the runway(s) of an existing airport, or the modification in any way of the
				landing or takeoff directions at such an airport.
(d) Approach surface.
(1) For airports used by fixed-wing aircraft.
				An imaginary plane sloping upward from a point at the same elevation as, and
				200 feet from, the appropriate runway end to provide the required clearances
				above roads, waterways and railroads. (See Exhibit A [Appendix A-6, infra] for
				applicable approach surface dimensions.)
(2) For heliports. An imaginary plane sloping
				upward from the helipad primary surface to provide the required clearances
				above roads, waterways and railroads. (See Exhibit B [Appendix A-6, infra] for
				applicable approach surface dimensions.)
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 75 - Approval Of Privately Owned Airports › Section 75.2 - Standards prescribed by Commissioner of Transportation for approval of privately owned airports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Primary surfaces, approach zones and lateral transition zones shall be clear of
				all public-owned buildings (see Exhibit C for fixed-wing aircraft and Exhibit D
				for rotary-wing aircraft and balloons [Appendix A-6, infra]).
(b) For airports used by fixed-wing aircraft,
				the primary, approach and lateral transition surfaces for each runway shall be
				established in accordance with the dimensions shown on Exhibits A and C,
				respectively (Appendix A-6, infra).
(c) For airports used solely by helicopters
				or balloons, the primary, approach and lateral transition surfaces shall be
				established in accordance with the dimensions shown on Exhibits B and D,
				respectively (Appendix A-6, infra).
(d) Primary, approach and lateral
				transitional surfaces shall maintain the following clearances: 17 feet above
				interstate highways; 15 feet above all other highways; 23 feet above railroads,
				and above the highest object which normally traverses waterways.
(e) Favorable airspace determination from the
				Federal Aviation Administration must be issued and a copy submitted to the
				commissioner.
(f) The commissioner
				may waive any or all of these requirements if his investigation of all factors
				discloses that the establishment or alteration of a particular airport does not
				conflict with or affect the safety of public buildings or facilities, or
				operations on public highways or waterways, and that the volume, character and
				direction of traffic at such airport will not constitute a menace to the safety
				of operations at other airports in the vicinity.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 75 - Approval Of Privately Owned Airports › Section 75.3 - Documents required by Commissioner of Transportation for investigation of airport sites

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				certified copy of a resolution (or official meeting minutes) duly adopted by
				the local governing body of the city, village or town in which the airport or
				any part thereof is proposed to be established or improved, requesting the
				Commissioner of Transportation to make a determination as to whether or not the
				establishment or improvement of such a privately owned airport complies with
				his standards adopted pursuant to section 249  of the General Business Law.
(b) One USGS topographical map (scale
				1:24,000) and one plan view map (scale 1:1,000) with the position of the
				airport indicated thereon. The airport runway(s), helipad or seaplane
				operational area must be plotted thereon accurately. The direction and length
				of runways and seaplane operational areas must be included on the map. Helipads
				must be precisely located with the approach/departure paths clearly indicated.
				The map must be sufficiently large so as to include all approach and lateral
				transition zones to the airport.
(c) One copy of the favorable airspace
				determination issued by the Federal Aviation Administration for the proposed
				airport establishment or improvement.
(d) One copy of the letter from the proponent
				to the local governing body requesting approval to establish or improve the
				airport with the following information included:
(1) name and address of proponent;
(2) the type of aviation activities proposed
				(aircraft sales and service, flight instruction, crop-dusting, air taxi,
				etc.);
(3) number of aircraft
				expected to be based at the airport;
(4) type of aircraft expected to be based at
				the airport;
(5) whether an
				instrument approach procedure will be requested for this airport; and
(6) maximum number of daily operations and
				the anticipated total annual operations.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 77 - Regulations Regarding Stewart And Republic Airports › Section 77.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
By section 400  of the Transportation Law, as added by
				  chapter 370 of the Laws of 1982, jurisdiction over Stewart and Republic
				  Airports was transferred to the Department of Transportation from the
				  Metropolitan Transportation Authority. Such section provides that the
				  Metropolitan Transportation Authority shall continue as the operator of such
				  airports for up to one year or until replaced by the commissioner with another
				  operator. The continuation of all rules and regulations, acts, determinations
				  and decisions of the Metropolitan Transportation Authority with respect to the
				  operation of Stewart and Republic Airports is implied in chapter 370 of the
				  Laws of 1982. However, to avoid any confusion on this issue, the Department of
				  Transportation hereby adopts, as Department of Transportation rules and
				  regulations, the rules and regulations, acts, determinations and decisions of
				  the Metropolitan Transportation Authority with respect to the ownership and
				  operation of Stewart and Republic Airports, effective
				  immediately.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › General › Section 78.2 - Compliance with rules and regulations a condition to entry upon or use of airport

Current through Register Vol. 46, No. 28, July 10, 2024
Any permission granted directly or indirectly, expressly,
					 or by implication, to any person or persons, to enter upon or use the airport
					 or any part thereof (including aircraft operators, crew members and passengers,
					 spectators, sightseers, pleasure and commercial vehicles, officers and
					 employees of lessees or other persons occupying space at the airport, persons
					 doing business with the airport operator, its subcontractors and licensees, and
					 all other persons whatsoever (whether or not of the type indicated), is
					 conditioned upon compliance with these rules and regulations; and entry upon or
					 into the airport by any person shall be deemed to constitute an agreement by
					 such person to comply with said rules and regulations.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › General › Section 78.3 - Unauthorized commercial activity prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall carry on any commercial
				  activity at the airport without the written consent of the airport
				  operator.
(b) No one basing or
				  otherwise maintaining an aircraft at the airport shall permit it to be used for
				  a commercial activity conducted at or out of the airport, unless such
				  commercial activity is expressly authorized by the terms of an agreement with
				  the airport operator or with a fixed base operator who has obtained the airport
				  operator's approval. In addition, no one basing or otherwise maintaining an
				  aircraft at the airport shall permit such aircraft to be serviced, cleaned,
				  repaired, or otherwise worked upon by private entrepreneurs other than those
				  operating at the airport pursuant to an agreement with the airport operator or
				  with a fixed base operator with the airport operator's approval.
				  Notwithstanding the foregoing, such aircraft may be use by duly licensed flight
				  training instructors for the purpose of training or otherwise increasing the
				  flying proficiency of the person basing or otherwise maintaining the aircraft
				  at the airport and the members of that person's immediate family. However, no
				  person shall permit an aircraft based or maintained at the airport to be used
				  for commercial flight instruction without the written approval of the airport
				  operator.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › General › Section 78.4 - Unauthorized parking or storage of aircraft prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise provided for in a lease or other written
					 agreement authorized by the airport operator, no person shall use any area of
					 the airport for parking or storage of aircraft, other than transient parking,
					 without permission of the airport operator. If, notwithstanding the above
					 prohibition, a person uses such areas for parking or storage as aforesaid,
					 without first obtaining such permission, then the airport operator shall have
					 the authority to order the aircraft removed and stored at the expense of the
					 owner thereof, without liability for damage thereto arising from or out of such
					 removal or storage.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › General › Section 78.5 - Compliance with official directions required

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall use or otherwise conduct himself upon any
					 portion of the airport in a manner contrary to the posted or otherwise visually
					 indicated official directions applicable to that area.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › General › Section 78.6 - Use of certain facilities conditioned upon payment of prescribed fees

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall land or take off an aircraft on or from the
					 airport, or use any area restricted by the airport operator, except upon
					 payment of such fees and charges as may, from time to time, be prescribed for
					 such use, unless such person is entitled to make such use without such payment
					 under a lease or other agreement authorized by the airport operator. Aircraft
					 exempt from fees and charges are those public aircraft owned and operated by
					 the United States, the states and political subdivisions of the states while
					 being operated for official governmental duty and for purposes other than
					 commercial operations or flight instruction and aircraft owned and operated by
					 the armed forces of the United States. The list of fees are contained in
					 Subpart F of these rules and regulations.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › General › Section 78.7 - Penalties for violations of airport rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise provided for in
				  subdivision (b) of this section, any person failing to comply with or violating
				  any rule or regulation contained herein shall be guilty of a violation of law
				  and, upon conviction thereof, shall be fined up to $250 for each such
				  violation.
(b) Any person failing
				  to comply with or violating section
				  78.8(j) 
				  of this Part relating to permissible levels of aircraft noise when in effect
				  shall be guilty of a violation of law, and, upon conviction, shall be fined in
				  accordance with the following schedule:
(1)
				  First violation, a fine of up to $500;
(2) second violation, a fine of up to
				  $1,000;
(3) third violation,
				  violation, a fine of up to $2,500; and
(4) each aircraft operation (a landing or a
				  takeoff) that exceeds the permissible levels of noise contained in section
				  78.8(j) 
				  of this Part shall be considered as a separate violation.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › Aircraft Operations › Section 78.9 - Prohibition of landing or taking off under certain circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
The airport operator may prohibit aircraft from landing,
					 except for emergency landings, or taking off at any time, when, and under any
					 circumstances under which, the airport operator deems such landings and
					 takeoffs likely to endanger persons or property, exceed the weight limitation
					 established for the airport, or exceed the noise limits for aircraft specified
					 in this section when in effect.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › Aircraft Operations › Section 78.10 - Compliance with Federal aviation administration rules and regulations required

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall land an aircraft upon, fly an aircraft
					 from, or conduct any other aircraft operations on or from the airport other
					 than in conformity with the current Federal Aviation Administration rules and
					 regulations.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › Aircraft Operations › Section 78.11 - Compliance with instructions from the airport traffic control tower

Current through Register Vol. 46, No. 28, July 10, 2024
During the hours that the airport traffic control tower is
					 in operation, aircraft operators shall comply with instructions and directions
					 given by tower personnel.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › Aircraft Operations › Section 78.12 - Careless, negligent, or reckless operation of aircraft prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No aircraft shall be operated on the surface of any part of
					 the airport 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, or is likely to endanger persons or property, or
					 while the pilot, or any other person aboard controlling any part of the
					 operation thereof, is under the influence of intoxicating liquor,
					 hallucinogenic substances, or any drug affecting his senses, or if such
					 aircraft is so constructed, equipped, or loaded as to endanger or be likely to
					 endanger persons or property.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › Aircraft Operations › Section 78.13 - Compliance with official orders, signals, or directions is required

Current through Register Vol. 46, No. 28, July 10, 2024
The aircraft operator shall comply with any order, signal,
					 or direction of any representative of the airport operator. When the operation
					 of the aircraft is controlled by lights, signs, mechanical or electrical
					 signals, or pavement markings, such lights, signs, signals and markings shall
					 be obeyed unless a representative of the airport operator directs
					 otherwise.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › Aircraft Operations › Section 78.14 - Compliance with aircraft weight limit required

Current through Register Vol. 46, No. 28, July 10, 2024
Except in an emergency as defined in section
					 78.8(h) 
					 of this Part, the aircraft weight limitation for the airport is 60,000 pounds
					 actual gross weight. No aircraft exceeding this weight shall land upon, taxi
					 on, park at, or take off from the airport without previous written permission
					 of the airport operator. Operators of aircraft that have a certificated maximum
					 takeoff gross weight that exceeds 60,000 pounds and are operated below this
					 weight shall obtain prior written permission of the airport operator to utilize
					 the airport and shall provide the weight and balance calculations for the
					 flight to the airport operator, upon request. Public aircraft owned and
					 operated by the United States, the states and political subdivisions of the
					 states, aircraft owned and operated by the Armed Forces of the United States,
					 and aircraft operated in support of military operations are
					 exempted.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › Aircraft Operations › Section 78.15 - Activities for which prior permission is required

Current through Register Vol. 46, No. 28, July 10, 2024
Operators shall obtain prior permission from the airport
					 operator before conducting the following activities at the airport:
(a) Motorless aircraft. Gliders, sail planes,
				  and other certificated motorless aircraft shall not land upon or be towed from
				  the airport without prior permission of the airport operator.
(b) Ultralight vehicles. Ultralight vehicles
				  shall not land upon or takeoff from the airport without prior permission of the
				  airport operator. For the purposes of this paragraph, an ultralight vehicle is
				  defined as a contrivance used for flight that has the capacity of one person
				  only, weighs less than 254 pounds, and carries less than five gallons of
				  fuel.
(c) Lighter-than-air
				  aircraft. Airships, dirigibles, and other certificated lighter-than-air
				  aircraft shall not land upon, moor or takeoff from the airport without prior
				  permission of the airport operator. For the purposes of this paragraph,
				  lighter-than-air shall mean those aircraft that utilize gases to provide lift
				  such as airships, dirigibles, blimps, and balloons.
(d) Banner or glider towing. Operators shall
				  not tow banners, gliders, or any other device with an aircraft to or from the
				  airport without prior permission of the airport operator.
(e) Formation landings or takeoffs. Operators
				  shall not land upon or take off from the airport in a formation of two or more
				  aircraft without prior permission of the airport operator. As a condition for
				  such permission, the operator shall also obtain prior permission from the local
				  general aviation district office of the Federal Aviation Administration and the
				  airport traffic control tower.
(f)
				  Commercial activity. Any commercial activity defined in section
				  78.1  of
				  this Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter III - Airports › Part 78 - Operation And Use Of Republic Airport › Aircraft Operations › Section 78.16 - Qualifications to operate aircraft

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall land or takeoff in an aircraft at the
					 airport unless he is licensed by the Federal Aviation Administration to operate
					 that particular type and class of aircraft.