Kos. Airport Regulation

A. AUTHORITY. These regulations are promulgated and issued by the Director of the Kosrae State Department of Public Works, pursuant to the authority granted him by Sections 2.402 and 5.202(9)(d) of the Kosrae Code.

B. PURPOSE. The purpose of these regulations is to insure to the general public safe and convenient access to, and use of, public air travel facilities compatible with the general welfare of the people. Accordingly, these regulations are intended to harmonize and coordinate such laws as may affect the operations, maintenance and use of airports and to promote and establish standards most conducive to the attainment of the above-mentioned purpose.

3. “Civil Airport” means any area of land or water under public or governmental ownership or control which is directly or indirectly used or intended for use for the landing and take-off of [aircraft] as well as any area or areas used in support of or in conjunction with the land and take-off of [aircraft]. The following are the civil airports of Kosrae:

4. “Airport Property” means and includes any portion of a civil airport under the jurisdiction of the Director for reasons of safety as may be established by appropriate authority concerned, for existing use and future expansion of the airport. It shall include but not be limited to the primary areas, clear zones, approach zones and transitional areas as such zones and areas are designated by the Director.

5. “Airport Roadways” means any portion of a civil airport used by vehicles to, from or between the public streets which connect with such roadways and the various buildings and, land areas at a civil airport abutting and used for egress to, from and between the airport and connecting sidewalks or adjoining areas.

6. “Cargo Ramp and Apron Areas” means and includes any portion of a civil airport designated temporarily or permanently by the Director: for the loading and unloading of cargo, mail and supplies on or off aircraft; for the performance of operations commonly understood in the trade as being “Ramp Service”; and/or for the parking of mobile equipment when actively used in connection with such operations.

7. “Air Carrier” means and includes any person engaged in the business of carrying passengers or cargo or both by air for hire under a certificate of public convenience and necessity issued by the appropriate government authority.

8. “Aircraft” means and includes any and all contrivances now or hereafter used for flight in air space including but not limited to airplanes, airships, dirigibles and seaplanes.

9. “Aircraft Parking and Storage Areas” means and includes any portion of a civil airport designated temporarily or permanently by the Director for the parking and storing of aircraft for the servicing of aircraft with fuel, lubricants and other supplies and for making minor or emergency repairs to the aircraft.

12. “Fuel Storage Area” means and includes any portion of a civil airport designated temporarily or permanently by the Director or Airport Manager for the storing and loading of gasoline, turbine engine fuel, or any other type of fuel or petroleum products used for aeronautical purposes.

13. “Landing Area” means and includes any portion of a civil airport designated temporarily or permanently by the Director or Airport Manager for the landing and take-off of aircraft.

14. “Maintenance Area” means any portion of a civil airport designated temporarily or permanently by the Director or Airport Manager for the overhaul, repair and storage of aircraft.

16. “Motor Vehicles” means any self-propelled vehicle and includes automobiles, trucks, buses, motorcycles and other self-propelled devices, except aircraft, by which persons or property is or may be transported.

18. “Operational Area” means any portion of a civil airport from which the public is restricted by fences or appropriate signs and not leased or demised to anyone for exclusive use and shall include apron areas, fuel storage areas, maintenance areas and landing areas.

19. “Operator” means the owner or operator of an aircraft or any person who has rented or otherwise has the use of such aircraft for the purpose of operation by himself or his agents.

20. “Authorize” means written consent granted by the Director except that verbal consent may be granted under special circumstances where the obtaining of a written consent would not be practicable.

22. “Public Vehicular Parking” means any portion of a civil airport designated temporarily or permanently by the Director or the Airport Manager for the purpose of parking motor vehicles.

1. Traffic Codes and State Law: The traffic codes and other applicable laws as they may be amended from time to time by the state shall apply to the operation of motor vehicles on the airport just as though the said parking areas and roadways are part of the public streets, roads or highways of the state and by reference are hereby incorporated I these rules and regulations and made a part hereof as though fully cited herein.

2. Licensing and Safety Inspection. No motor vehicles, except aircraft-servicing vehicles used exclusively within the civil airport, shall be operated in or on a civil airport unless such vehicles are currently licensed by the Bureau of Public Safety and have the required evidence of a safety inspection.

3. Operation of Motor Vehicles. No motor vehicles shall be operated in a careless or negligent manner, in disregard of the rights and safety of others, without due caution, at a speed or in a manner which endangers or is likely to endanger persons or property, while the operator thereof is under the influence of intoxicating liquor, narcotics or habit-forming drugs or, if such vehicle is so constructed, equipped, loaded or in such other condition as to endanger or likely to endanger persons or property.

6. Buses, Limousines and Taxis. No buses, limousines, taxis or other vehicles for hire shall load or unload passengers at a civil airport at places other than those designated for such purpose by the Director, or the Airport Manager.

7. Parking. All operators of motor vehicles at a civil airport shall park their vehicles only at the places and for the duration prescribed by the Director or the Airport Manager in accordance with officially posted signs. Except as otherwise authorized by the Director or the Airport Manager no person shall stop, park, or permit to remain halted a motor vehicle in a civil airport:

1. Motor Vehicle Security Pass. No person shall operate a motor vehicle in any operational or otherwise-restricted areas without an airport motor vehicle security pass issued to him by the Director or Airport Manager.

3. Applications. Application forms either for an airport motor vehicle operator’s permit or for a decal or permit which authorizes the entry of motor vehicles into the operational area may be obtained at the office of the Airport Manager. Such application forms shall be accompanied by such fees as may be prescribed by the Director, which fee shall be sufficient to cover the reasonable cost of processing such application.

5. Vehicles Around Aircraft. When an aircraft is parked in the operational area at a loading position, the space between the aircraft and terminal building shall not be used by vehicles except that motor vehicles necessary for servicing parked aircraft may use such space.

6. Priorities. Except for emergency motor vehicles, the operators of taxiing aircraft shall have first priority of movement over all other vehicular traffic in the operational area. The operators of towed aircraft shall have second priority.

1. Aircraft Operations. Any person navigating any aircraft in the air space above or in the vicinity of airport land and any person taxiing or flying aircraft or conducting any aircraft operation upon or from civil airports must act, and in all respects be, in strict compliance with International Standards, Rules of the Air, Annex (2) to the Convention on International Civil Aviation. No experimental flight or ground demonstration shall be conducted on, above or in the vicinity of a civil airport without the written permission of the Director.

2. Airport Air Traffic Rules. All aircraft operations shall comply with established traffic patterns, including noise abatement procedures for Kosrae State civil airport, may be published by the Department.

3. Radio Equipment. No person shall operate any aircraft to, from or on the civil airport if such aircraft is not equipped with an operable two-way radio capable of communicating with the airport flight information service station on such frequencies as may now be in use or hereafter established for such use.

4. Clearing Runway. The operators of aircraft landing at a civil airport shall make the landing area available to other aircraft by clearing their aircraft from the active runway as expeditiously as possible.

5. Unsafe Landing Area. The use of unsafe landing areas is prohibited for all aircraft operations. Such areas shall be marked when practical with appropriate obstructions or hazard markings.

7. Abandoned or Unattended Aircraft. If any aircraft is parked or left unattended in an unauthorized area at a civil airport, the subject aircraft may be removed and stored by the Airport Manager at the operator’s risk and expense and the Airport Manager will not be liable for any damage resulting from the moving and storing of the subject aircraft. Thirty (30) days after such removal and storage, the Airport Manager will notify the Director for instruction that the aircraft be disposed of by public sale or private sale, provided that there is a reasonable publication of notice of such sale and that any such sale is conducted in accordance with applicable law. Proceeds of the sale shall first be applied to all charges and fees incurred in connection with such aircraft and owed to the State Government. Any balance shall revert to the airport Trust Fund created by Section 10.205 (1)(c) of the Kosrae Code.

8. Removal of Aircraft. The operator of any aircraft parked or stored at a civil airport shall move said aircraft from the place where it is parked or stored to any other designated place upon the order of the Director or the Airport Manager. If the operator refuses to comply with such order, the Director or Airport Manager may have or cause the subject aircraft to be moved to another designated place at the operator’s risk and expense and the Director or the Airport Manager will not be liable for any damage which may result from moving the subject aircraft.

9. Aircraft Accident. In the event of an accident CFR personnel will extinguish any fire and remove injured persons from the wreckage. Injured persons should not be transferred from the Airport until their condition can be properly evaluated by Medical personnel. As soon as possible, the Airport Manager will make an estimate of the number of persons injured, dead, and the number of ambulatory survivors. He should also evaluate debris on and damage to the runway surface to estimate the length of runway useable for rescue aircraft. This information should be relayed immediately to the Director.

10. Disabled Aircraft. Only when directed, aircraft operators shall be responsible for the prompt removal [of] disabled aircraft and parts thereof. The removal of the disabled aircraft shall be under the supervision of the Director and conducted in compliance with the Director’s instructions. The Director may remove aircraft from the disabled location and the Director will not be liable for any damage which may result from such removal or storage.

(a) The operator of any aircraft involved in an accident incurring on or within a civil airport and all persons involved in such accidents shall make reports thereof and give their names and addresses to the Director as soon after the accident as possible.

(b) In the event a written report of the accident is required by international regulations, a copy of that report may be substituted in place of the one required in Item (a) of this subsection.

12. Director’s Power to Restrict Aircraft Operations. The Director may close any airport or any portion thereof at any time he deems such action is necessary in the interest of safety to persons or property. The Director may prohibit or delay landing, take-offs and any other movements of aircraft at any time he deems such action is necessary in the interest of safety to persons or property. Notice and details of such action will be publicized through the issuance of appropriate NOTAMs. Additionally, the Director may deny the use of a civil airport to any aircraft operator or pilot who is violating or has violated the laws or regulations of the FSM or Kosrae State.

14. Non-payment of Airport Charges. The Director may refuse clearance for the departure from civil airports of any aircraft if the registered owner of such aircraft has not arranged for payment of all charges that may have been incurred by or on behalf of said aircraft or owner and which are then due and payable to the Director.

1. Landing Fees. Landing fees will be charged at rates established by the Secretary of Transportation, Federated States of Micronesia. Except for those operators who have credit arrangements with the Director in connection with the payment of landing fees, all payment of landing fees shall be made by the pilot to the Airport Manager prior to the departure of each flight. The Airport Manager shall deposit all collected landing fees with the State Finance Office for crediting to the State Airport Trust fund.

2. Parking Fees. Facilities and Services. Rates for parking fees will be charged at rates established by the Secretary of Transportation, Federated States of Micronesia. Except for those operators who have credit arrangements with the Director of Public Works in connection with the payment of parking fees, all payments of parking fees shall be made by the pilot to the Airport Manager prior to the departure of each flight. The Airport Manager shall deposit all collected parking fees with the State Finance Office for crediting to the State Airport Trust fund.

2. Taxiing and Moving Aircraft. Any aircraft being taxied or towed or otherwise moved must be under full control at all times and must move or be moved at a safe and reasonable speed. The person attending the controls on such aircraft must be in contact at all times with the control personnel who are responsible for the taxiing, towing and other movement of aircraft. In the event an operative radio is not available in the aircraft, or the vehicle used in moving it, the person responsible for moving the aircraft shall first contact the Airport Manager for complete moving instructions.

4. Fire Extinguishers. during fuel handling operations involving any aircraft regardless of its size or number of engines, at least two carbon dioxide fire extinguishers of at least fifteen (15) pounds shall be ready and available for immediate use. However, the fueling of a single engine aircraft requires the presence of only one such fire extinguisher.

5. Spark Prevention. During fuel handling for or relating to any aircraft, no person shall operate any radio transmitter or receiver in such aircraft or switch electrical appliances on or off in such aircraft, so as to prevent any act or use material which may or is likely to cause sparks. However, during fuel handling of turbine-powered aircraft the use of certain radio and electrical-devices is permissible if authorized by the Director.

7. Personnel. Only personnel engaged in fuel handling or in the maintenance and servicing of the aircraft being fueled are permitted within fifty (50) feet of the fuel tank of such aircraft during fuel handling.

10. Overflow or Spillage. Persons engaged in aircraft fueling shall exercise diligence and care to prevent overflow or spillage of fuel and generally avoid creating any combustion hazard. Should spillage occur it shall be the operator’s responsibility to remove or neutralize the volatile condition.

11. Aircraft Engines. The engines of the aircraft involved in any fueling operation as well as the engines of any aircraft within fifty (50) feet of the fuel handling process shall not be started until the completion of the fueling operation.

12. Electrical Storm. All fueling operations shall be conducted with caution during an electrical storm. In the event of an electrical storm causing or likely to cause severe disturbance as determined by the Director, all fueling operations shall cease and be suspended until the storm subsides.

13. Fire-Aircraft Crash. In the event of either a fire or an aircraft crash no fueling operation shall be conducted in the vicinity of such fire or crash. The Director, Fire Chief or his designee shall determine the distances from such fire or crash beyond which fueling operations may be conducted.

14. Supplementary Directives. The Director may issue directives or instructions regarding operating procedures necessary to implement the full spirit and intent of the foregoing rules and regulations.

1. Parked Aircraft. The Operator of an aircraft shall park the aircraft only in areas designated for such purposes by the Director or the Airport Manager. The main landing wheels of every parked aircraft shall be chocked with blocks or other approved devices and the brakes set except in cases where other procedures are approved by the Director.

2. Ramp and Apron Area. Except in an emergency no aircraft shall remain on the passenger ramp and apron for more than fifteen (15) minutes after all normal loading, unloading and ramp service has been completed and departure clearance has been issued.

3. Lights. Aircraft parked in either a passenger ramp and apron area or cargo ramp and apron area shall have running lights or acceptable hazard lights turned on during the hours between sunset and sunrise and at such other times as may be required by the Director.

1. Operators. Only helicopter pilots certified by the Federated States of Micronesia, United States, Federal Aviation Administration or appropriate authorities of ICAO member states, shall be authorized to conduct helicopter taxiing operations at a Civil Airport.

4. Motorless Aircraft. Except in an emergency, motorless aircraft such as gliders, sail planes, etc. may not land or take-off at a Civil Airport without first obtaining permission from the Director or Airport Manager.

1. Obstruction of Public Use. No person shall travel on any portion of a civil airport except upon the roads, walkways or places provided for that particular class of traffic nor shall any person occupy the roads or walks in such a manner as to hinder or obstruct their proper use.

2. Restricted Areas. Except for persons assigned to duty therein, no person shall enter any restricted areas of a Civil Airport without permission from the Director or Airport Manager.

3. Entrance to Operational Areas. The operational areas are closed to the Public. No tenant, either corporate or personal, shall permit any unauthorized person to enter any ramp either by private or common use passageways or through private areas. No person shall enter upon the runway, passenger ramp and apron area or cargo ramp and apron area without authorization except those entering upon the public ramp areas for purpose of embarkation or debarkation.

6. Waste Articles. No person shall discard any paper, cigar, cigarette, bottle or any waste or refuse material on the grounds of Civil Airport except in receptacles provided for such purposes.

9. Explosives. No person shall store, keep, handle, use, dispense or transport any explosives or other dangerous articles which are barred from civil aircraft by International Civil Air Regulations within the airport property.

10. Lost and Found Articles. Any persons finding lost or misplaced articles at an air terminal shall turn same over to the Airport Manager. An article unclaimed by the owner within ninety (90) days after it was found will be turned over to the custody of the State Chief of Police. Nothing in this section will be construed to deny the right of air carriers to maintain lost and found services for its passengers.

11. Director’s Power. The Director shall at all times have authority to take any action deemed by him convenient or necessary to protect or safeguard persons and/or property. The Director or the Airport Manager shall have the authority to levy fines for violations of these regulations. Upon observing a violation, a written citation will be issued as shown in attachment A. Fines for persons will be set at $5.00 for the first [offense] and $10.00 for each [offense] of the same regulation thereafter. Fines for violations by aircraft will be set by the Director at not less than $100.00 per violation. Typical violations for which fines will be assessed are listed in attachment B.

1. General. No person shall engage in any business or commercial activities in or at a Civil Airport without the permission of the Director except those commercial activities already in existence through agreement, contracts and licenses issued by the State Governor.

Should any section, paragraph, sentence, clause, phrase or application of these rules and regulations be declared unconstitutional or invalid for any reason by competent authority, the remainder or any other application of these rules and regulations shall not be affected in any way thereby.

The provisions of these Airport Use Regulations have been reviewed by the Office of the Attorney General and are found to conform with law.