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PART 1.   GENERAL PROVISIONS

1.1              Authority

The following Rules and Regulations are hereby promulgated by the Pohnpei Port Authority in accordance with Section 2-15 of S.L. No. 2L-224-91, and shall have the force and effect of law.

1.2              Purpose

The purpose of these Rules and Regulations is to provide for and to insure the orderly, safety, and sanitary operation of airports in the State of Pohnpei which are under the jurisdiction and control of the Pohnpei Port Authority and to prescribe fees and penalties for the use of airports and violations of these rules and regulations, respectively.

1.3              Definitions

 The following terms, as used in these Rules and Regulations, shall have the following meanings:

(a)               “Aircraft” shall mean and include any and all contrivances, now or hereafter used for the navigation of or flight in air or space, including, but not limited to, airplanes, airships, dirigibles, helicopters, gliders, amphibians, and seaplanes.

(b)               “Airport” shall mean all publicity owned airports in the State of Pohnpei, together with all related facilities.

(c)               “Authority” shall mean the Pohnpei Port Authority.

(d)               “Board of Directors” shall mean the Board of Directors of the Pohnpei Port Authority.

(e)               “Class I Aircraft” means and includes any aircraft having certified gross take-off weight (GTOW) of six thousand (6,000) pounds or more.

(f)                “Class II Aircraft” means and includes any aircraft having certified gross take-off weight (GTOW) of less than six thousand (6,000) pounds.

(g)               “General Manager” shall mean the General Manager of the Authority or his duly Authorized representative.

(h)         “Federal Aviation Regulations” shall mean the United States Federal Aviation Regulations, as currently amended and promulgated by the United States Federal Aviation Administration.

(i)                 “Fuel handling” shall mean the transportation, delivery, fueling, and draining of fuel or fuel waste products.

(j)                 “Fuel storage area” shall mean and include any portions of the Airport designated temporarily or permanently by the General Manager as areas in which fuel tank farms and fuel pumps at which fuel is loaded.

(k)               “Operational area” shall mean any place on the Airport no leased or demised to anyone for exclusive use, and not a common area, accessible to public at large, highway, or public vehicle area; but shall include the runways, taxiways, ramp and apron areas, cargo ramp and apron areas, aircraft parking and storage areas, and fuel storage areas.

(l)                 “Operational agreement” shall mean an Airline Use Agreement entered into by the Authority and an Aircraft Operator.

(m)             “Operator”  shall mean the owner of an aircraft or any person who is using an aircraft for the purpose of operation by himself or his agents.

(n)               “Permission” or “Permit” shall mean permission granted by the General Manager unless otherwise herein specifically provided.  “Permission” or  “Permit” whenever required by these Rules and Regulations shall always mean written permission, except that verbal permission in specific instances may by granted under special circumstances where the obtaining of written permission would not by practicable.

(o)               “Person” shall mean any individual, firm, partnership, co-partnership, corporation, trust association, company joint-venture or any legal entity.

(p)               “Airport Rules and Regulations” shall mean these Rules and Regulations and subsequent amendments thereto.

(q)               “Aircraft parking area” shall mean that area of the Airport to be used for aircraft parking and storage space for the parking and storing of aircraft, or for the servicing of aircraft with fuel, lubricants, and other supplies, or for making emergency repairs to aircraft, or for any or all such purposes.

(r)                “Cargo ramp and Apron area” shall mean and include any portion(s) of the Airport designated and made available temporarily and permanently by the Authority for the loading or unloading of passengers, cargo, freight, mail, and supplies, to and from aircraft, and for performing those operations commonly known as “ramp service,” and for performing inspections, and other services upon or in connection with aircraft incidental to performing “ramp service” , but shall not mean those areas designated for the storage of cargo, freight, mail, and supplies, nor those areas designated for the purpose of performing fueling and other ramp services, or those areas designated for the purpose of parking operations.

(s)                “Taxiway” shall mean and include any taxiways designated for the purpose of the ground movement of aircraft on the Airport.

(t)                 “Public vehicular parking area” shall mean and include any portion of the Airport designated and made available, temporarily or permanently, by the general Manager for the parking of vehicles by the public.

(u)               “Runway area” shall mean and include any portions of the paved runway as well as the clear zones and field area to the lateral clearance lines of said runway.

(v)               “Sightseeing flights” shall mean flights on which passengers are carried for hire, and which originate and terminate at the Airport with no intermediate stops other than emergency stops.

(w)             “Vehicles” shall mean and include automobiles, trucks, buses, motorcycles, bicycles, push carts, and any other device in or upon or by which any person or property is or may be transported, carried, or drawn upon land, aircraft excluded.

(x)               The words “ingress’ and  “egress” shall refer to the use of an area, or portion of the Airport, as a means of going from one place to another without undue delay.

 

1.4              General Rules

(a)        All aeronautical activities at the Airport, and all flying of aircraft departing from or arriving at the Airport, shall be conducted in conformity with these Rules and Regulations and with applicable provisions of the regulations of the   FSM Department of   Transportation and   Communication or any other success agencies.

(b)               The owner, operator,  pilot,  agent,  or their duly authorized representative agree, as a condition of us e of the Airport, to release and discharge the Authority, its officers, and its employees of and from any liability for any damage which may be suffered by any aircraft and its equipment, and for any personal injury or death.

(c)               All persons using any part of the Airport shall be held liable for ay property damage caused by carelessness and negligence on or over the Airport, and any aircraft being operated so as to cause such property damage may be retained in the custody of the Authority and Authority may have a lien on said aircraft until all charges for damages are paid.  Any persons liable for such damage agree to indemnify fully and to save and hold harmless the Authority, its directors, its officers, and its employees from claims, liabilities, and causes of action of every kind, character, and nature and from all costs and fees (including attorney’s fees) connected therewith, and from the expenses of the investigation thereof.

(d)               The pilot or operator of any aircraft involved in an accident causing personal injury or property damage shall, in addition t all other reports required to be made to other agencies, make a complete report concerning said accident to the office of the General Manager within 24 hours of the accident.  When a written report of an accident is required by the Secretary of the FSM Department of Transportation & Communication, a copy of such report may be submitted by the General Manager in lieu of the report required above.

(e)               Subject to compliance with appropriate FSM Civil Aviation Regulations, the aircraft owner, or agent shall be responsible for the prompt removal of all disabled and abandoned aircraft and/or parts of such aircraft at the Airport, as reasonably directed by the General Manager.  In the event of the owner’s failure or refusal to comply with such directions, such disabled aircraft or any and all parts thereof may be removed by the Authority at the owner’s expense and without liability for damage which may be incurred as a result of such removal.

(f)                The General Manager shall have the right at any time to close the Airport in its entirety or any portion thereof to air traffic, to delay or restrict any flight or other aircraft, and to deny the use of the Airport or any portion thereof to any specified class of aircraft or to any individual or group when the General Manager considers any such action to be necessary and desirable to avoid endangering persons or property and to be consistent with the safe and proper operation of the Airport.  In the event the General Manager believes the condition of the Airport to be unsafe for landings or takeoffs, it shall be within his authority to use issue, or cause to issued, a NOTAM (Notice to Aircraft) closing the Airport or any porting thereof.

(g)               All aircraft landing or taking off at the Airport shall have a properly functioning two-way radio capable of communicating with the Airport communication system.

(h)               The payment of rentals, fees, and charges relating to the use of Airport premises and facilities shall be made before departure.  In lieu of immediate payments, satisfactory arrangements shall be made by the operator of aircraft with the General Manager or such office as may be otherwise designated by the General Manager before the aircraft leaves the Airport.

(i)                 The General Manager reserves the right to review all fees, insurance policies, charges, and financial penalties from time to time as he deems necessary.

 

1.5              Compliance with Rules and Regulations

(a)               Any permission granted by the General Manager, 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 and passengers, spectators, sightseers, operators of pleasure and commercial vehicles, officers and employees of airlines, and any other persons occupying space on or within the Airport, persons doing business with the Authority, or at the Airport, its lessees, or sub lessees and permittees, and any persons whatsoever) is conditioned upon strict compliance with these Rules and Regulations.

(b)               The General Manager may, upon notice and for cause consisting of repeated or flagrant violation of these Rules and Regulations, terminate the permission or privilege of any person to utilize the Airport, and/or disqualify any such person from bidding or submitting a proposal for any concession or contract to be let by the Authority.  Such action shall be in addition to any civil penalties which may be assessed under these Rules and Regulations.  Any person affected by the General Manager’s decision to terminate their permission or privilege may petition the Board of Directors of the Authority for reconsideration.  The petition shall set for a clear statement of the facts and grounds upon which reconsideration is sough.  The Board of Directors shall grant the petitioner a public hearing within 30 days after filing the petition and the decision rendered by the Board of Directors shall be final.

 

1.6              Commercial Activity

No person may carry on any commercial activity whatsoever at the Airport without a permit issued or a lease agreement executed by the Board of Directors.  PROVIDED that existing lessees and permittees shall continue their activities until expiration of their lease agreements or permits.

 

1.7              Sightseeing

No person may conduct sightseeing flights from the Airport, except under a permit from the General Manager or his duly appointed representative establishing conditions and specifying fees payable to the Authority for such privileges.  Sightseeing passengers shall not be subject to the fees imposed pursuant to Part 12.3 of these Regulations.

 

1.8              Parking and Storage of Aircraft

Unless otherwise provided by a lease or other contractual agreement, no persons may use any area of the Airport (other than the designated aircraft parking and storage areas) for parking and storage of aircraft without the written permission of the General Manager, not withstanding the above prohibition.  If a person uses such areas as aforesaid for parking, or storage as aforesaid, without first obtaining the written permission, then the General Manager shall have the authority to order the aircraft removed, or to cause same to be removed and stored, at the expense of the owner or consignee thereof, without responsibility or liability for damages arising therefrom.

 

1.9       Storage of Cargo, Etc.

Unless otherwise provided by a lease agreement or other contractual agreement, no person shall use any area of the Airport for storage of cargo, equipment or any other property without written permission of the General Manager.  Not withstanding the above prohibitions, if a person uses such areas for storage as aforesaid, without first obtaining such permission, then the General Manager shall have authority to order the cargo or equipment 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 or liability for damages arising therefrom.  PROVIDED that existing lessees or permittees shall continue to use any storage or cargo area until termination of their lease agreements or permits. 

Sections 1.8 and 1.9  are to be construed in accordance with the authority of the Secretary of the FSM, Department of  Transportation and Communications under Title 20, Section 604(3) of the FSM Code.

 

1.10     Use of Operational areas

Without first obtaining the written permission of the General Manager, no person shall enter, use, or occupy an operational area for any purpose whatsoever, except for a purpose pertaining to the landing, takeoff operations and servicing of aircraft, airline activities associated with aircraft, or governmental agencies in the performance of their functions or for a purpose connected with the maintenance and operation of the Airport.

 

1.11     Payments of Charges

(a)               No person may land an aircraft on or take off from an airport, owned and operated by the Authority, or use an operational area, except upon the payment of such fees and charges as may from time to time be approved and published by the Authority, unless such person is entitled to use such area under a lease or other contract providing therefore.  Except as otherwise provided therein, any operating rights under a lease or contract shall be null and void if the payment of fees and charges for the use of the Airport are more than ninety (90) days in arrears, and any sub subsequent landing or takeoff of an aircraft from the Airport, or use of an operational area, shall be conditioned upon the payment of such fees and charges at the time of use as provided for in Part 12 hereof.

(b)               Except as otherwise specifically provided in an agreement to which the Authority is a party, all fees and charges due to the Authority from any person, arising out of the use and/or occupancy of any Airport, shall be due as provided for in the agreement between the Authority and a particular airline, concessionaire, tenant, or other airport user.  In the event that the General Manager finds that a particular airline, concessionaire, tenant, or other airport user is habitually late in the payment of fees, or in the event a particular fee is not paid from when it is due, the General Manager may, in his sole judgment, and upon notice to the debtor, shorten the time for the payment of future fees to and including a requirement for payment upon presentation of a billing statement.

 

1.12     Commercial Photography

No person may take still, motion, or sound pictures for a commercial purpose, nor may they transmit any program for commercial purposes on the Airport, without written permission of the General Manager.


PART 2. OPERATIONAL OF VEHICLES

 

 

2.1              Required Licenses

No vehicles shall be operated in or upon a public vehicular parking area, or any road within the Airport, or upon any of the operational areas of the Airport, unless:

(a)    The driver thereof is duly authorized to operate such vehicle under the laws of the State of Pohnpei, except that approved ramp equipment may be operated on the public aircraft area by accredited employees certified by their employer to the General Manager as qualify to operate such equipment; and

(b)       Such vehicle is registered in accordance with the laws of the State of Pohnpei or is specifically authorized by the General Manager to be operated on or within the Airport, but not on public highways or parking areas.

 

2.2              Obeying Signals and Orders

Every person operating a vehicle in or upon a public vehicular parking area, operational area, or any road within the air terminal, must at all times comply with any lawful order, signal, or Airport Security Officer.  Whenever traffic is controlled by traffic lights, signs, mechanical or electrical signals, or pavement markings, all signs shall be obeyed a State Police or an Airport Security Officer directs otherwise.

 

2.3              Speed Limits

All vehicles operated within the Airport shall comply with the speed limits prescribed and posted by the General Manager.  Where no limit is posted, the speed limit in the area shall be ten (10) miles per hour.

 

2.4              Vehicles Within Operational Areas

No vehicle shall be operated within any Operational Area, except as authorized by the General Manager, in writing, who may require that such vehicles display visible identifying symbols or numbers.  The movement of vehicles may be restricted by the General Manager to specific zones within the Operational Areas.

 

2.5              Responsibility in Cases of Accidents

In addition to all other requirements of law, the driver of any vehicle involved in an accident within the Airport area which results in injury or death to any person or damage to property, shall make a report to an Airport Security Officer, or to the Pohnpei  Public Safety, within twenty-four (24) hours of such accident.

 

2.6              Right-of-Way

(a)        The driver of a motor vehicle shall, on approaching an intersection, give right-of-way to every vehicle which is approaching to enter said intersection from the main street of entrance or departure to the terminal area whenever traffic is not regulated by traffic signals, signs, or airport security or police officers.

(b)        On approaching a street, intersection, or junction of any road, speed shall be reduced.  Likewise, speed shall be reduced on approaching any public conveyance which has stopped to discharge or take on passengers.

 

2.7              Parking

 

(a)        No person shall park a motor vehicle on the Airport except in an area specifically designated and posted for public parking.

(b)        No person shall park a motor vehicle in any area on the Airport for a period longer than is prescribed and posted for that space by the General Manager.

(c)        No person shall park a motor vehicle in a restricted or reserved area on the Airport unless such person displays, in the manner prescribed by the General Manager, a parking permit issued by the General Manager for that area.

(d)       No person shall double park a motor vehicle on the runways of the Airport.

(e)        No person shall abandon a motor vehicle on the Airport.  A motor vehicle will be presumed abandoned if it is left parked and unattended for a period greater than twenty-four (24) hours, unless it is parked in a space specifically set aside for parking longer than twenty-four (24) hours.  In such event, a motor vehicle shall be presumed abandoned if left unattended for a period twenty-four (24) hours longer than the maximum authorized parking period.

(f)        No person shall park a motor vehicle on the Airport, in a space marked for the parking vehicles, in such a manner so as to occupy a part of another marked space.

(g)        No person shall leave a motor vehicle unattended or parked on the Airport with a key in the ignition switch or the motor running, or a key in the door lock, or with a door open.

(h)        No person shall park a motor vehicle at any place on the Airport in violation of any sign posted by the General Manager.

(j)                 No person shall park a motor vehicle within ten (10) feet of a fire hydrant or park  a vehicle so as to obstruct a driveway.

(j)         Except as otherwise authorized by the General Manager, no person shall park a motor vehicle for the purposes of cleaning, polishing, or repairing said vehicle except for those minor repairs necessary to remove said vehicle to an authorized area from the Airport.

(k)        Every parked motor vehicle shall be parked, when parallel to the roadway, to its extreme right and at a distance of not more than six (6) inches from the sidewalk or promenade, unless the parking space is otherwise marked.  The entrance and exit of passengers shall be with caution and care so as not to interfere with flowing traffic. 

(l)         No parking will be allowed in the designated areas of the Airport for a period of more than one hour after plane operation.

 

2.8              Permit Required for Vehicle Rental Service

No vehicle rental business or solicitation for such business may be conducted upon or within the Airport unless:

(a)        such operation is permitted under the terms of a valid permit with the Authority, or

(b)        such business has obtained and have in force a valid lease agreement issued by the Board of Directors.

Such permit shall authorize the permittee only to pick up pre-confirmed and prearranged customers, at the Airport.  Transportation for such customers shall be by unmarked vehicles, so as not to encourage the solicitation of customers at the Airport.  The term    “solicitation”  as used in this Part shall be specifically defined to mean the asking of a passenger or other person if he or she desires to rent a vehicle.

Use of the public vehicular parking area by vehicle rental business operating under the terms of this subsection (a), is strictly prohibited.

The Permit fee shall be Fifty Dollars ($50.00) per month, and shall be payable monthly, in advance.

 

2.9              Implementing Rules

(a)        Notice of Violation.  Any person violating any of the provision of Parts 2.1 through 2.8, inclusive, shall be given written notice thereof.

(b)       Same form of notice.  The written notice shall be in a form prescribed by the General Manager.  The form shall be prepared in a duplicate, with the original copy being served upon the violator in the manner provided herein, and the duplicate copy being returned to the Office of the General Manager.

(c)        Same manner of service.  Service of the Notice of Violation shall be served upon the violator as follows:  If the violator is physically present at the scene of the violation, the Notice of Violation shall be served upon him personally.  If the violator is not so present, service may be effected by leaving the Notice of Violation upon the windshield of the offending vehicle, or alternatively upon any other prominent place upon such vehicle.

(d)       Same: who may serve.     Persons authorized to serve the Notice of Violation provided for herein are the Airport Manager, the Assistant Airport Manager, the Chief of Airport Security and Safety, and any Airport Security officer of the Authority.

(e)        Denial of liability.     Any person against whom a violation of any of the provision of Parts 2.1 through 2.8, inclusive, is alleged shall have fifteen (15) days either to deny liability therefore, or to pay the fine as established herein.  The Notice of Violation shall state that failure to pay fine assessed within the fifteen (15) day period may result in collection of said fine through the courts of the State of   Pohnpei.  In the event suit is brought to recover any fine assessed under this Part 2, the offender shall also be liable for court costs and reasonable attorney’s fees. 

(f)        Schedule of fines.     The schedule of fines to be assessed for the violation of Parts 2.1-2.8 of these Rules and Regulations shall be as follows:

            Part 2.3:  $30.00

            Part 2.1, 2.2, 2.4, 2.5 and 2.6:  $30.00

            Part 2.7:     $20.00 plus towing and storage charges.

            Part 2.8:     $50.00; and in addition, any person found in violation of these Parts may have the privilege to conduct such business at the Airport terminated pursuant to Part 1. Section 1.5.

 

(g)               Removal of Vehicles.  Whenever a vehicle is parked so as to create a blockage or other hazard to the orderly flow of traffic to, in, or form the Airport, or when a vehicle has been abandoned or when a rental vehicle operating pursuant to part 2.8 of this Part parked within the public vehicular parking area, the General Manager may order the vehicle removed to an authorizes parking location, or suitable place.  All abandoned vehicles shall be applicable law and regulations, and upon payment of the fines or charges established by the General manager.


2.10          Group Transportation Permits

No owner or operator of any vehicle carrying passengers for hire including tour buses or any hotel/motel vehicle carrying hotel guests, shall pick up or unload passengers upon the Airport without a written permit approved by the Board of Directors and issued by the General Manager, which permit shall state, among the requirements, those which relate to safety, licensing, traffic regulations, and insurance, and shall prescribe fees and shall state what privileges are granted by the permits issued.  Permits issued under this Section will not be exclusive.

A.        Bus, or any vehicle with a seating capacity in excess of 16 passengers (Licensed for Hire)

A basic monthly fee of Fifty Dollars ($50.00) per vehicle.

B.        Bus, Limousine, Stretch-our any vehicle with a seating capacity of 16 passengers or less (Licensed for Hire)

      A basic monthly fee of Forty Dollar ($40.00) per vehicle.

C.        Hotel-Motel Vehicles (Owned, Leased, or Operated)

A basic monthly fee or Thirty Dollar ($30.00) per hotel or motel

D.        Time and place of Payments.

  1. The monthly permit fees shall be applicable only for the period in which issued and shall be paid to the General Manager in advance of providing ground transportation services at the Airport.
  1. Payments shall be made at the Office of the Comptroller.

 

 

PART 3. GENERAL OPERATION ON AIRCRAFT AREAS

 

3.1.      Authorized Entry

            No unauthorized vehicle is allowed to enter any operational areas of the airport.

 

3.2.      Enplaning or Deplaning Passengers

No vehicle except airline vehicles, ramp equipment, and authorized vehicles shall move across the ramp and apron areas while passengers are enplaning or deplaning, except in conformity which traffic directive issued by the General Manager.

 

3.3.      Safety of Aircraft Operation

The General Manager may suspend or restrict any or all operations whenever such action is deemed reasonably necessary in the interest of safety.

Any deviation from these Rules shall be coordinated with the General Manager prior to conducting operation which are contrary to provisions herein contained, except that the General Manger may temporarily authorized deviation or suspension of portions of these Rules and Regulation as may be required in the interest of safety.  Any deviation from these Rules and Regulations shall be the sole responsibility of the person conducting the operation which is not in strict accord with the provision herein contained.


PART 4.  TAXING RULES

 

4.1.Taxing and Ground Rules

(a)        All aircraft shall be taxied at a safe and reasonable speed.

(b)        No aircraft shall taxi between the airline passenger terminal gates and aircraft parked on the terminal apron.

(c)        No aircraft shall be taxied into or out of any hangar under its own power.

(d)        All aircraft being taxied, towed, or otherwise moved at the Airport shall proceed with navigation lights on.

(e)        Aircraft engines shall be started or operated only in the ramp areas.

(f)         All repairs to aircraft or engines shall be made in the aircraft parking area or hanger

(g)               Aircraft shall not be washed except in the aircraft parking designated by the General Manager.

 

 

PART 5.  TRAFFIC PATERN, LANDING AND TAKEOFF

 

5.1              Left-Hand Traffic

All aircraft in flight below fifteen hundred (1,500) feet above the ground surface within a three (e) miles radius of the Airport shall conform to a standard left-hand flow of traffic and to the designated traffic patter and to the following rules:

(a)               The traffic direction shall be as indicated by such devices as a segmented

circle or by wind sock.

(b)               All landings and takeoffs shall be confirmed to he paved runway and shall not be conducted on a taxiway or apron, except by helicopters which may land on designated apron areas.


5.2              General Traffic Rules

(a)               The General Manager shall have the right to deny the use of the airport to any aircraft or pilot violating Authority of FAA, ICAO, and FSM Transportation and Communications Regulations, whether at the Airport or elsewhere, pursuant to Part 1.5 of these Regulations.

(b)               All aircraft operations shall be confined to hand –surfaced runways, taxiway, and apron.

 

5.3       Helicopter Operation Rules

(a)               Helicopters shall not be taxied, towed, or otherwise moved with motors turning unless there is a clear area of at least fifty (50) feet in all directions from the outer tips of the rotor.

(b)               Helicopters shall not be operated within two hundred (200) feet of any area on the Airport where unsecured light aircraft are parked.

 

PART 6.         RULES FOR GROUND OPERATIONS

 

6.1              Engine run-Up Restrictions

Aircraft engines shall be started or warmed up only by qualified pilots or mechanics and at the places designed for such purposes.  At no time shall engines be run-up in hangars, shops, other buildings, or when spectators are in the path of propeller stream or jet blasts.

 

6.2              Aircraft Parking

Aircraft shall only be parked at the west-side of the apron or in areas designated for such purposes by the General Manager.

 

6.3              Area of Repairs

All repairs to aircraft or engines, except emergency repairs, shall be made only at the west-side of the apron or in areas designated for this purpose by the General Manager.

 

6.4              Runway Area Restrictions

No person or persons, except personnel authorized by the General Manager shall be permitted to enter any restricted airport areas.

 

6.5              Over parking of Aircraft on Apron

Any aircraft operator, upon notice from the General Manager, shall move or cause an aircraft to be removed from any portion of the ramp and approach areas within twenty (20) minutes of such notification.

 

6.6              Power-In, Power-Out  of  Aircraft

(a)                  All jet aircraft parking anywhere on the apron at Pohnpei International Airport shall be permitted to power-in and power-out upon departure.

(b)               Subject to the provisions of Part 3.3 of these Rules and Regulations, the operator will ensure that power-out operations will not pose a hazard to other operations or aircraft upon the apron, and will not pose a hazard, inconvenience, or discomfort to passengers in the departure area of the terminal or in the process of boarding or deboarding another aircraft.

 

6.7              Running of Engines During Operations

No propeller-driven aircraft engine shall be operated while such aircraft is parked on the ramp, or during the loading or unloading of passengers or cargo.

 

6.8              Supplementary Aviation Weather Reporting Station (SAWRS)

The Authority operates a Supplementary Aviation Weather Reporting Station (SAWRS) at Pohnpei International Airport.  The purpose of the SAWRS is mainly for the purpose of providing information to aircraft operators concerning weather, and for no other purposes.

This weather service is provided strictly as a convenience to aircraft operators, each of whom is free to obtain weather information from any other source whatsoever.  No operator of an aircraft is entitled to rely on any information provided by the SAWRS, for any purpose, whether such information relates to weather or any other subject matter.

Without limiting the generality of any of the foregoing, all aircraft operators are reminded that all decisions relating to the operation of aircraft in the air are outside the responsibility of the Authority and the SAWRS, and that neither the Authority nor its SAWRS has any authority to transmit any orders relating to the operation of aircraft in the air.  However, the Authority and its SAWRS have authority to transmit orders relating to the operation of aircraft on the ground. 

Every person who owns or operates an aircraft to, from, or within any airport in the State of Pohnpei which is under the direction and control of the Authority as a condition of such operation, hereby agrees to save, hold harmless, and indemnify the Authority, and its agents, servants, workmen, officers, and employees, from any and all claims, demands, and liabilities whatsoever arising out of the operation of the SAWRS.

 

PART 7.  CONDITIONS OF THE USE OF AIRPORT

 

7.1              Apron and Aircraft Parking Area Use

All aircraft, whether operated for revenue or non-revenue purposes, shall use the Apron and Aircraft Parking Area only under the conditions stated in these Rules and Regulations and shall be subject to such fees and charges as may from time to time be approved and published by the Authority.

 

7.2              Departing Passengers Restrictions

All passengers departing from the Airport and being carried for hire shall be processed through the facilities designated for such purpose by the General Manager, and the use of such facilities shall be subject to such fees and charges as may from time to time be approved and published by the Authority.

 

7.3              Arriving Passenger Restrictions

All terminating passengers and their baggage arriving at the Airport shall be processed only through the facilities designated for such purposes by the General Manager and the use of such facilities shall be subject to such fees and charges as may from time to time be approved and published by the Authority.

 

7.4              Transmit Passenger Restrictions

Passengers transiting the Airport may utilize, in common with the general public, the facilities of any terminal building.  At any time, when required by Pohnpei State or FSM Government Health, Immigration, and/or Customs regulations, all such transit passengers shall be held during any transit layover in a separate transit lounge provided by the Authority.  If transit passengers are so required to use such transit lounge, such passenger use shall be subject to such fees and charges for use thereof as may from time to time be approved and published by the Authority.

 

7.5              Notice of Airline Schedule Changes

Every air carrier operating regularly scheduled service, or scheduled charter service, to or from the Pohnpei International Airport shall, as soon as practicable, notify the Authority of any and every change in the scheduled arrival and departure of its flights.  The Authority deems such notification necessary in order that the Authority may assure that the airport is adequately staffed to handle such flights.  If notification of a proposed scheduled change is not provided to the Authority at least thirty (30) days prior to the effective date of such schedule change, the Authority cannot guarantee that sufficient staff will be available at the Airport.

 

7.6              Cargo Operations

(a)               Except for tenants operating under a valid lease which provides otherwise, cargo may be boarded on aircraft only at locations designated by the General Manager and subject to the conditions stated in these Rules and Regulations, and shall be subject to such fees and charges as may from time to time be approved and published by the Authority.

(b)               Air cargo may not be accepted for carriage or delivered to consignees at airline ticket counters or inside any security fence at Pohnpei International Airport.

 

7.7              Ground Handling Services

(a)               Ground Handling Permits.  No person or company shall operate at any airport as a ground handling company without a ground-handling permit issued by the Authority.

In order to provide for and to ensure the orderly, safety, effective, and efficient operation of the airport, the Authority shall issue ground-handling permits.

 

(b)       Qualified Services.  Each ground handler shall provide ground-handling services to the highest international standards and in accordance with any reasonable requirements of the Authority as stipulated from time to time.

Without limiting the particular requirements of each airline and the general need for orderly, safety, effective and efficient operations of the Airport, a ground handler may provide the following services:

 

(1)      loading and unloading of freight and luggage to and from aircraft and the movement of such freight and luggage between passenger and/or freight terminals and the supervision of the collection of baggage and freight;

(2)      the removal from aircraft of waste, rubbish, sewage and the like;

(3)      cleaning the aircraft cabins, cockpit, galley, toilets:

(4)      replenishing supplies of literature, toiletries, and other in-flight consumables used by passengers other than those to be supplied by the Airline Flight Catering Contractors;

(5)      provide day-to-day services for aircraft;

(6)      provide concierge services; and

(7)      carry out other operations and activities as may be conveniently carried out of relation to the overall responsibilities accorded ground handlers under international standards.

(c)        Qualified employees.     In carrying out its responsibilities hereunder, each ground handler shall use staff who have been fully and properly trained to operate typical equipment at the Airport.

Each ground handler bears the responsibility to provide competent supervisors and staff at all times and also bears the burden of obtaining any necessary licenses and permits to qualify its employees to the technical particulars of the ground handling operations.

 

Because of security concerns at the Airport, it is necessary that all personnel employed by each ground handler have appropriate security clearances.

 

(d)       Equipment requirements.   In carrying out its responsibilities under the permit, the ground handler bears the responsibility to have the necessary equipment it its inventory to meet the requirements of airline(s)    it is servicing.

(e)       Authority’s Right of Inspection.   During the term of the permit, the Authority has the right to inspect the work place, offices, equipment, and other possessions and facilities of each ground handler at any reasonable time.

(f)       Indemnity by ground handler.   In accepting a ground handling permit, each ground handler shall protect and hold the Authority and its officers, employees, agents, and representatives completely harmless from and against any and all liabilities, losses, suits, claims, judgments, fines, or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to legal and court costs and expert fees), of any nature whatsoever arising out of or incidental to the permit and/or the use of Airport facilities or the acts of omissions of the ground handler, its officers, agents, employees, contractors, subcontractors, invitee regardless of where the injury, death, or damage may occur.

(g)     Insurance requirements.   Each ground handler must maintain in force during the term of the permit public liability and property damage insurance acceptable to the airline(s) it is servicing.  The ground handler agrees that the Pohnpei Port Authority shall be named as an additional insured under such insurance policy or policies.

A certificate evidencing such insurance shall provide that such insurance coverage will not be canceled or reduced without at least thirty (30) days prior written notice to the Pohnpei Port Authority.

The ground handler shall submit a certificate of insurance and a copy of the insurance policy for review and acceptance by the General Manager as part of the conditions to obtain a permit to operate a ground handling service at the Airport.

(h)        Permit period. A ground handling permit shall be for a period of five (5) years and shall be renewable for additional five (5) years periods provided that the Authority finds the services provided by the ground handler are acceptable and that the ground handler has complied with all general mandates as to order, safety, efficiency, and effectiveness as intended in these Regulations, and the specific provisions of these Regulations.

 

 

PART 8.    CONDUCT OF THE PUBLIC

8.1              Obstruction of Public Use

No person shall travel by foot or vehicle on any portion of the Operational Area of the Airport, except upon the roads, walkways, or places provided for the particular class of traffic, nor occupy the roads or walkways in such a manner as to hinder or obstruct their proper use.

8.2              Restricted Areas

No person shall enter any restricted area of the Airport posted as being closed to the public, except those persons authorized by the General Manager.

8.3              Entrance Into Sterile Areas

Operational areas, ramps, aprons, and loading positions are closed to the public, and no tenant, either corporate or personal, shall permit any unauthorized person to gain access to such areas.  No person shall enter upon the ramp and apron area or cargo ramp and apron area of the Airport, except those persons assigned to duty therein, or those persons entering upon the ramp areas for purposes of embarkation or debarkation.

8.4              Signs and Advertisements

No person except those persons authorized by written contract to do so, shall post, distribute, or display signs, advertisements, circulars, printed or written matter of any kind or character at the Airport, except when authorized in writing by the General Manager.  All signs shall be of a design, size, and character placed in a manner approved in writing by the General Manager, and subject to such fees and charges as may from time to time be approved and published by the Authority.

8.5              Selling, Soliciting, and Entering

No person, except those persons authorized by written contract to do so, or any other persons with the written permission of the General Manager for specific occasions, shall in or upon any area of the Airport:

(a) Sell, offer for sale, distribute, or give away any article of merchandise, any promotional or informational materials, leaflets, or any  thing of value;

(b) Solicit any business or trade, including the carrying of baggage for him, or the rental or hire of cars;

(c) Entertain any persons by singing, dancing, or playing any musical instrument;

(d) Solicit alms or other contributions.

The General Manager shall grant permission for activities protected by the First Amendment, but subject to such restrictions as to time, manner, and place as the General Manager shall deem reasonable under the circumstances.

 

8.6              Gambling

No person shall conduct or knowingly permit gambling in any form or operate gambling, or amusement devices anywhere on the Airport, except as authorized by law, and with the specific written authorization of the General Manager.

 

8.7              Disorderly Conduct

Any person who shall commit any disorderly or obscene act or engage in other offensive conduct, or commit any criminal act on the Airport terminal buildings will be immediately ejected therefrom, and may be subjected to prosecution in accordance with the laws of the State of Pohnpei.

 

8.8              Preservation of  Property

No person shall:

(a) Destroy, damage, deface, or disturb in any way, buildings, signs, furniture’s, equipments, markers, other structures, trees, flowers, lawn, or other property within the Airport.

(b) Walk or operate a vehicle on lawns and seeded areas on the Airport.

(c) Abandon any personal property on the Airport.

(d) Litter or dispose of any waste on any portion of Airport property or portion of access road.

 

8.9              Disposition of Waste Articles

No person shall dispose of paper, cigars, cigarettes, bottles, chewing gum, betel nut, or any waste or refuse material, on the floor of any terminal building or grounds adjacent thereto, except in receptacles provided for such purposes.

 

8.10          Pets

(a)               No persons shall enter any public building or operational area of the Airport with any pet, except a  “seeing-eye” dog, or one properly confined for shipment, on a leash, or confined in such a manner as to be under control.

(b)               No tenant of the terminal buildings, or any employee of such tenant, shall be permitted to keep pets on Airport premises.

 

8.11          Other Animals

No person shall permit livestock or any other animals under his or her control or custody to enter the Airport, except one properly confined for shipment.  Any stray livestock or animal on the Airport will be disposed of by the Authority in accordance with the laws and ordinances applicable thereto.

 

8.12          Sanitary Care

No person shall place, discharge, or deposit, in any manner whatsoever, any offal, garbage, or refuse in or upon any Airport operational area, except at such places and under such conditions as the Authority may prescribe.

 

8.13          Penalties

Any person violating any provision of this Part shall be given written notice thereof by a duly authorized employee of the authority and shall be assessed a civil penalty as follows:

(a)      $25 for violations of 8.1, 8.4, 8.5, 8.6, 8.7, and 8.11.

(b)       $100 for violations of 8.8, 8.9, 8.10, and 8.12.

(c)         $500 for violations of 8.2, and 8.3.

 

PART 9.    USE OF PARTICULAR AND DESIGNATED AREAS

9.1.      Areas Designated for Specific Uses

Except as otherwise provided for in contracts with the Authority, the use of the following designated areas shall be limited to the following purposes:

 

(a)               Aircraft parking and storage areas may be used only for parking and storing aircraft fuel and lubricants which must be in tanks, or other supplies for use on such aircraft, or for making repairs to aircraft.

(b)               Ramp and Apron areas may be used only for loading and unloading passengers, cargo, mail and supplies, to or from aircraft, servicing aircraft with fuel and lubricants, performing the operations commonly known as  “ramp service,” performing inspections, minor maintenance, and other services upon or in connection with aircraft incidental to performing  “ramp service” and parking mobile equipment actively used in connection with such operations.  Washing of aircraft, vehicle, or other equipment, without the authorization of the General Manager, is prohibited.

(c)               Taxiways may be used only for the ground movement of aircraft to, from, and between runway, cargo ramp and apron areas, aircraft parking and storage areas, and other portions of the Airport; and for the movement of approved ramp equipment and Airport equipment properly identified.

(d)     A runway may be used only for the landing and takeoff of aircraft.

(e)               In case of labor disputes, picketing or other demonstrations shall be confined to the entrance road of the airport, and in no event within five hundred (500) feet of any terminal buildings.

 

9.2.            Personnel authorized to use Areas

Nothing herein contained shall be construed to limit the use of any area or portion of the Airport, by any Airport Security Officer, Fireman, Customs Officer, Immigration Officer, Law Enforcement Officer, or any other public officer or employee, from entering upon any part of the Airport when properly required in the performance of his official duties.

 

9.3.            Compliance with Rules and Regulations

The use of the foregoing areas and portions of the Airport is subject of compliance with these Rules and Regulations, and the payment of such rates, fees, or charges as may be established by the Authority for such use.

PART 10.       SAFETY PROVISIONS

 

10.1          Dangerous Act

No person in or upon the Airport shall do, or omit to do, any act if the doing or omission thereof endangers unreasonably persons or property.

 

10.2          Smoking

(a)               No person shall smoke or carry lighted cigars, cigarettes, pipes, matches, or any naked flame, in or upon any fuel storage area, ramp and apron area, cargo ramp or 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 any open deck, gallery, or balcony, contiguous to such areas or such carriers or aircraft, lighted cigar, cigarettes, or similar articles.

(b)               No person shall start fires of any type, including flare pot and torches, on any part of the Airport without the permission of the General Manager.

 

10.3          Explosives

No person shall, without prior written permission of the General Manager, keep, transport, handle or store  at, in or upon the Airport any cargo of explosives or other dangerous articles which are barred from loading in, or transportation under the provisions of the FSM Civil Rules and Regulations.  No waiver of such regulations, or any part thereof, shall constitute, or be construed to constitute, a waiver of this Rule, nor an implied permission to keep, transport, handle, or store such explosives or other dangerous articles at, in, or upon the Airport.

 

10.4          Use of Fire Extinguishers

Fire extinguishing equipment at the Airport shall not be tampered with at any time, nor shall it be used for any purpose other than fire fighting or fire prevention.

 

10.5          Storage of Inflammable Materials

No person shall keep or store any volatile inflammable liquids, gasses, signal flares, or other similar material in any building on the Airport.  Such material, however, may be kept in aircraft or vehicles in their installed supply or operating tanks, or in approved containers, in rooms or areas specifically approved for such storage by the General Manager.

 

10.6          Lubricating Oils

No person shall keep or store lubricating oils in or about the Airport; provided, however, that such material may be kept in aircraft or vehicles in their installed supply or operational tanks, or in containers provided with suitable draw-off devices, or in areas or sealed containers specifically approved for such storage by the General Manager.

 

10.7          Fire Apparatus

All tenants, or lessees, or owners of hangars, or shop facilities shall supply and maintain adequate and readily accessible fire extinguishers and fire equipment of the type approved by the Authority.  They shall be subject to the periodic inspection of the Authority.  The General Manager may prescribe fire drills for all tenants from time to time.

 

10.8          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 buildings.

 

10.9          Fire Extinguishers Required

During fuel handling operations, in connection with any aircraft a the Airport, the fuel provider shall be responsible for providing at least two (2) CO2 fire extinguishers  (15-pound or larger) or other type extinguisher approved by the fire underwriters shall always be immediately available for use in connection therewith.

 

10.10      Smoking Near Aircraft

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

 

10.11      Cleaning of Aircraft

Interior and exterior cleaning of aircraft shall be done only in areas designated or approved for that purpose,

 

10.12      Fuel and Oil Spillage

(a) In the event of spillage or dripping of fuel, oil, grease, or any other materials, except such spillage or dripping as may be normal in aircraft or vehicular operation, which may be hazardous or unsightly or detrimental to the pavement in any area at the Airport the same shall be removed immediately.  The responsibility for the immediate removal of such fuel, oil, grease, or other material will be discharged by the operator of the equipment causing the same or by tenant or concessionaire responsible for the deposit thereof.

(b) Receptacles containing waste oil must be placed in containers provided by the tenant for such purposes for further disposition.  Throwing oil on pavement or on any grassed or planted area is prohibited, and any offender shall be liable for damage thereto or subject to Part 11.6 of these regulations.

(c) Only personnel engaged in fuel handling or in the maintenance and operation of the aircraft being fueled shall be permitted within distance of fifty (5o) feet of the fuel tanks of such aircraft during fuel handling operations.

 

10.13      Enforcement of Safety Provisions

(a) In case of any violation of these regulations, the General Manager shall take such steps as may be required by the situation to prevent any harmful effects upon persons or property, and to preserve the safe and efficient operation of the Airport facilities.

(b) In the event the general Manager shall take such steps as he or she deems necessary to prevent any harmful effects upon persons or property, the General Manager and the Authority shall be held harmless and without liability for any and all adverse consequences and/or damages resulting from the General Manager’s actions pursuant to this part.

PART 11    MISCELLANEOUS PROVISIONS

 

 

11.1.Conformance with FSM Civil Aviation Rules and Regulations

All aeronautical activities at the Airport shall be conducted in accordance with these rules and regulations and provisions adopted in conformity with applicable provisions approved by the FSM Department of Transportation and Communication.


11.2          Safety of the Public

The General Manager shall, at all times, have authority to take such summary action as may be convenient or necessary to safeguard the public.


11.3          Lost and Found Articles

Any person finding mislaid articles at the Airport shall turn over to an Airport Security Officer or to the office of the General Manager.  Articles unclaimed by the owner within (90) days after their receipt will be considered as lost articles to be disposed of in a manner to be determined by the Authority.  Nothing in this section will be construed to deny the right of scheduled air carriers to maintain lost and found services for their passengers.


11.4          Observance of Rules and Regulations

Tenants on the Airport are responsible for their employees observance of these Rules and Regulations; however, for continued willful and flagrant violation, any employee of any tenant, may be ejected or barred from the Airport by the General Manager.

 

11.5          Use of VIP Lounge at the Pohnpei International Airport

Subject to these rules and regulations pertaining to the use of the Pohnpei International Airport facilities, all dignitaries and officials shall be treated with respect and courtesy.

 

A.                Foreign Dignitaries and Officials

Dignitaries and officials from foreign countries shall have the privileges and immunities awarded in accordance with established conventions and treaties approved by the Federal States of Micronesia and be entitled to the VIP lounge at Pohnpei International Airport:

 

a)      Head of Missions

b)      Deputy Head of Missions

c)      First Secretary

d)      Second Secretary

e)      Attaché

f)       Family members

 

B.                 National and State Government Officials of the FSM

The following persons shall be entitled to use the VIP lounge at the Pohnpei International Airport at all times, subject to availability.  These officials are requested to provide Pohnpei Port Authority with a courtesy notice of twenty-four (24) hours in advance of their arrival or departure.

 

National Government Officials:

(1)    President and Former Presidents

(2)    Vice-President and Former Vice-Presidents

(3)    Speaker

(4)    Vice-Speaker and Senators, CFSM

(5)    Chief Justices

(6)    Associate Justices

 

State Government Official of all States:

(1)    Governor

(2)    Lt. Governor

(3)    Speaker

(4)    Vice-Speaker and Senators

(5)    Chief Justices

(6)    Associate Justices

 

Other Dignitaries and Officials

 

1.  All other elected or appointed officials of the State and National Governments and the Nahnmwarkis and Nahnkens of Pohnpei or equivalent paramount chiefs of other States shall be entitled to the privileges described in Section B.1 provided that they proceed through proper channels as described below.  “Appointed Officials” shall mean positions requiring the advice and consent of the respective Legislatures.

2. The privileges granted to the FSM President and Vice-President and their predecessors in office shall be extended to their spouses when traveling alone or together.  In all other cases covered by these Rules and Regulations, the privileges shall be extended to the immediate family accompanying the dignitary or official.  It shall also include staff members traveling with the dignitary or officials if the visit is for official governmental or public purposes.

General Provisions

 

1.         The FSM Department of External Affairs or the State’s equivalent agency shall notify the General Manager in advance of the official’s or dignitary’s arrival or departure and request the use of the VIP lounge.

2.         Approval for the use of the VIP lounge shall be given unless there are specific grounds to deny the privileges.  Only the General Manager, however, may deny such privileges.

3.         All requests must be made to the Office of the General Manager.

4.         The requisite notice and request shall be made for each visit by the dignitary or official.  Standing or blanket requests for a class of officials or a particular individual will not be honored.

5.         Nothing contained herein shall be construed to give any individual the right or privilege to violate the laws of Pohnpei or FSM.  While inspections and examinations of these dignitaries and officials may be waived, the restrictions and requirements of Pohnpei Laws concerning such areas as quarantine, revenue and public safety nevertheless apply.  Respect and compliance with these laws are, however, expected from all dignitaries and officials without having to be subjected to inspections and examinations.

6.         The privileges extended herein may be revoked or modified by the General Manager for any dignitary or official who abuses these privileges in such a way as to circumvent applicable laws, these rules and regulations, and the existing Airport Security Plan of the Pohnpei Port Authority.

 

11.6          Penalties

 

(a)        Except as otherwise provided, any violation of these regulations is punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not the exceed three (3) months, or both upon conviction by a court of competent jurisdiction.  If the violation is a continuing one, each day the violation continues is a separate offense.

(b)        Personal property or other goods placed on the Airport premises in violation of these Rules and Regulations may be removed from the place where found by the General Manager and kept by the General Manager until reclaimed by the owner, or if not reclaimed, then disposed by the General Manager.  Such articles may not be reclaimed except upon the payment of a fee, to be determined by the General Manager for the cost of storage and removal of the property in question.

(c)        Any person who has received notice of violation and assessment of a civil penalty shall have ten (10) days to answer the assessment by denying liability, by offering a compromise to the General Manager, or by paying the assessment may result in the Authority’s exercising its authority pursuant to Section 2-2 (5) of S.L. No. 2L-224-91.


PART 12.     SCHEDULE OF FEES AND CHARGES

 

12.0.    Fees for Air Carriers

The fees and charges set forth in Parts 12.1 through 12.7 of these Rules and Regulations shall be payable for the use of facilities at Pohnpei International Airport by any air carrier or airport user.

12.1          Landing Fees

A charge of one dollar ($1.00) per thousand (1,000) pounds certified maximum gross take-off weight of the aircraft as determined by the Authority for said aircraft.  Each take-off at Pohnpei International Airport shall be paid to the Authority.

Exceptions:

(1)        Diplomatic and U.S Military aircraft.

12.2          Apron Parking Limitations

A charge of one dollar ($1.00) per thousand (1,000) pounds maximum gross certified take-off weight, as determined by the Authority for said aircraft for each one (1) hour, or fraction thereof, for parking on the apron adjacent to the terminal building shall be paid to the Authority by the aircraft operator.  The payment of which shall, in addition to permitting the parking of the aircraft, also permit the use by the aircraft crew and non-revenue passengers of the public facilities in the Airport Terminal Building.  PROVIDED that the first three and one-half (3 ½) hours of apron use is exempted, after which the aircraft must be moved to the Aircraft parking Area.         

Exceptions:

 (1)        Diplomatic and U.S. Military aircraft.

12.3          Passenger Facility Service Charge

To cover costs of operations and maintenance of terminal building, a service charge calculated on the basis of Five Dollars ($5.00) per revenue passenger at the main terminal building at Pohnpei International Airport shall be paid to the Authority by every revenue passengers departing from the Pohnpei International Airport.

Exceptions:

(1)        Diplomats and U.S. Military personnel; transit passengers who arrive and depart from the Pohnpei International Airport within twenty-four hours on the same flight and aircraft; medical referral patients and their attendants; children under the age of two.

 

12.4          Aircraft Parking Charge

Aircraft shall be parked at designated locations only.  Rates for parking fees at the Pohnpei Airport shall be as follows:

            (a)   Class I Aircraft.     One dollar ($1.00) per one-thousand (1,000) pounds of certified gross take-off weight (GTOW) for each twenty-four (24) hour period or fraction thereof to be assessed four (4) hours after landing.

            (b)   Class II Aircraft.     Ninety cents ($0.90) per one thousand (1,000) pounds of certified gross take-off weight (GTOW) for each twenty-four (24) hour period or fraction thereof to be assessed four (4) hours after landing.

Monthly rates for both Classes of Aircraft shall be twenty (20) times the daily rate.  All such charges shall be paid by the aircraft operator to the Authority prior to departure of the aircraft from the assigned parking position.

            (c)   Locally based aircraft parked in areas designated by the General Manager for such purposed shall pay Fifty Dollars ($50.00) per month, payable in advance.

                        Exceptions:

(1)        Diplomatic and U.S. Military aircraft.

12.5          Ground Handling Permit

The fee for a ground handling permit shall be $150.00 a month.

12.6          Ground Rent

Any exclusive use of ground space in the Airport shall be subject to ground rent.

Any such exclusive use of ground space shall encompass the entire amount of ground space effectively occupied (i.e., in the case of building or facility, the ground space underlying that building or facility; and, in addition, all surrounding area effectively utilized for setbacks, parking, access, etc., shall be included).  In the case where such effectively utilized area cannot be precisely described, it shall be assumed that the effective area shall be, at a minimum, equal five (5) times the ground space occupied by the building or facility.

No tenant of the Authority may sublease or assign its leased premises or any interest thereon, without the prior consent of the Authority.  Such consent, if granted, shall be conditioned upon payment to the Authority of not less than 25% of the total consideration for such sublease or assignment.

 

12.7          Payment of Charges

All fees are to be paid in U.S. currency by the aircraft operator to the Office of the General Manager, upon arrival (except in the case of parking charges which are to be paid prior to departure, and fuel flowage fees which shall be paid upon purchase of fuels) unless special arrangements have been made with the Authority in writing in advance.  The General Manager may authorize, in writing, fees to be paid in a manner different from that provided herein.

 

12.8          Surcharges on Airline Tickets Prohibited

No airline or other seller of tickets for air transportation operating at any Airport owned and operated by the Authority shall state, charge, or collect any fees and charges specified in Parts 12.1 through 12.4 of these Regulations separately from the price of an airline ticket; provided, however, that nothing herein shall prevent or restrict any such airline or other seller from charging applicable restrictions imposed by law, to reflect the airline’s costs, which costs include but are not limited to such fees and charges.

Part 13.  Severability, Amendments, and Effective Date


13.1          If any of the parts, subparts, paragraphs, or subparagraphs of these Rules and Regulations is declared invalid, void, or voidable, such invalidity shall not affect the validity of the rest of the provisions of these Rules and Regulations.

13.2          Amendments and Modifications

These Rules and Regulations may be amended, altered, changed, added to repealed by the affirmative vote of the majority of the membership of the Board of Directors of the Pohnpei Port Authority, after due notice of said proposal in accordance with the applicable provisions of Pohnpei State Law No. 2L-224-91

13.3          The Rules and Regulations shall become effective pursuant to section 2.2(5) of SL No. 2L-224-91.

 

ADOPTED AND APPROVED BY THE BOARD OF DIRECTORS OF THE POHNPEI PORT AUTHORITY ON THS _________27th_____DAY OF ____May___, 1997

 

CONCURRED BY: _/s/_______________________              6/10/79__       

Del S. Pangelinan                                       Date

Governor

Pohnpei State                                                             

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