800-RICR — Airport Corporation

Chapter 00 General Administration

Subchapter 00

800-RICR-00-00-2 Public Records Requests

800-RICR-00-00-2 § 2.1 Access to Public Records

A.The Rhode Island Airport Corporation (RIAC) adheres to the Access to Public Records Act, R.I. Gen. Laws § 38-2-1, et seq., and has instituted the following procedures for the public to obtain public records.

1.To reach RIAC's Public Records designee by telephone please call (401) 737-4000 and ask to be connected with the Legal Department. Requests for records may be mailed to the Legal Department at 2000 Post Road, Warwick, RI 02886. Requests may also be hand delivered to RIAC at the reception desk during normal business hours (8:30 a.m. to 4:00 p.m.) and addressed to the Legal Department or requests may be emailed to.

2.You are not required to provide identification or the reason you seek the information, and your right to access public records will not depend upon providing identification or reasons.

3.In order to ensure that you are provided with the public records you seek in an expeditious manner, unless you are seeking records available pursuant to the Administrative Procedures Act or other documents prepared for or readily available to the public, we ask that you complete the Public Records Request Form located at the front desk, or on our website http://www.pvdairport.com or otherwise submit your request in writing.

4.RIAC adheres to the Access to Public Records Act in all manners, including request response times and the charging of applicable costs.

5.If you feel that you have been denied access to public records, you have the right to file a review petition with the President and CEO of RIAC or to file a complaint with the Rhode Island Attorney General. You may also retain private counsel for the purpose of instituting proceedings for injunctive or declaratory relief in the superior court of the county where the record is maintained.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-12-10 to 01/04/2022
• Adoption — effective from 2012-10-09 to 12/10/2018

800-RICR-00-00-3 Petition for Promulgation of Rules

800-RICR-00-00-3 § 3.1 Purpose

The purpose of this regulation is to prescribe the form of a Petition for Promulgation of Rules pursuant to R.I. Gen. Laws § 42-35-6 and the procedure for its submission, consideration, and disposition.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-3 § 3.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-6.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-3 § 3.3 Definitions

A.The following definitions shall apply to this regulation:

1."Petition" means a request for the Promulgation of a Rule.

2."Petitioner" means a person requesting the promulgation of a rule.

3."Promulgate", with respect to a Rule, means the process of writing a new Rule, or amending or repealing an existing Rule.

4.“RIAC” means the Rhode Island Airport Corporation.

5."Rule" means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. The term includes the amendment or repeal of an existing rule. The term is used interchangeably with the term "regulation." The term does not include the exceptions listed in R.I. Gen. Laws §§ 42-35-1(19)(i) through (vi).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-3 § 3.4 Request for the Promulgation of a Rule

A.A request to Promulgate a Rule must be in writing and include the following information:

1.The name and address of the Petitioner;

2.A plain statement identifying the rule or proposed new Rule at issue;

3.A detailed statement of all facts relied upon by the Petitioner;

4.A plain statement requesting the Promulgation of a Rule, and further indicating whether Petitioner seeks a new Rule or the amendment or repeal of an existing Rule.

a.In the case of a request for the repeal of an existing Rule, the Petitioner shall identify the Rule by title and/or RICR citation.

b.In the case of a request for an amendment to an existing Rule, the Petitioner must identify with specificity any proposed additions, deletions, or other amendments. New proposed language must be clearly marked using underline formatting for proposed insertions, and strikethrough formatting for proposed deletions.

B.A request for the Promulgation of a Rule must be submitted via regular mail or hand delivery to: Airport Legal Department at 2000 Post Road, Warwick, RI 02886.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-3 § 3.5 Consideration and Disposition of Request for the Promulgation of a Rule

A.RIAC shall promptly consider and respond to the request for the Promulgation of a Rule as provided in R.I. Gen. Laws § 42-35-6.

B.RIAC, at its discretion and within the thirty (30) day period prescribed by statute:

1.Hold a hearing for further consideration and discussion on the Petition; or

2.Request further information or documents from the Petitioner necessary for the full evaluation of his or her Petition.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-4 Declaratory Order Petitions

800-RICR-00-00-4 § 4.1 Purpose

This regulation states the requirements for submitting a request for Declaratory Order under R.I. Gen. Laws § 42-35-8(b), and the procedure for its consideration and prompt disposition.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-4 § 4.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-8.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-4 § 4.3 Definitions

A.The following definitions shall apply to this regulation:

1."Declaratory order" means an order issued by RIAC that:

a.Interprets or applies a statute administered by RIAC;

b.Clarifies whether a rule, guidance document, or order issued by RIAC applies to a Petitioner; or

c.Clarifies how a rule, guidance document, or order issued by RIAC applies to a Petitioner.

2."Petition" means a request for a Declaratory Order.

3."Petitioner" means a person requesting a Declaratory Order.

4.“RIAC” means the Rhode Island Airport Corporation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-4 § 4.4 Request for Declaratory Order: Form and Submission

A.A request for Declaratory Order must be in writing and include the following information:

1.The name and address of the Petitioner;

2.A plain statement identifying the statute, rule, guidance document, or order at issue;

3.A detailed statement of all facts relied upon by the Petitioner;

4.A copy of any and all documents relied upon by Petitioner that are not otherwise accessible to RIAC; and

5.A plain statement requesting a Declaratory Order, and further indicating whether Petitioner seeks:

a.An interpretation or application of a statute administered by RIAC;

b.Clarification as to whether a rule, guidance document, or order issued by RIAC applies to Petitioner; and/or

c.Clarification as to how a rule, guidance document, or order issued by RIAC applies to Petitioner.

B.A request for a Declaratory Order must be submitted via regular mail or hand delivery to: Airport Legal Department at 2000 Post Road, Warwick, RI 02886.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-4 § 4.5 Consideration and Disposition of Request for Declaratory Order

A.RIAC shall promptly consider and respond to the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-8(c).

1.Should RIAC schedule the matter for further consideration, RIAC shall notify Petitioner in writing of the anticipated date on which RIAC will grant or deny the request for Declaratory Order.

B.RIAC may, at its discretion:

1.Hold a hearing for further consideration and discussion on the Petition; or

2.Request further information or documents from the Petitioner necessary for the full evaluation of his or her petition.

C.A Petitioner may appeal RIAC's final disposition of the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-15.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-5 Conduct of Public Hearings

800-RICR-00-00-5 § 5.1 Purpose

To establish a defined set of procedures for the Rhode Island Airport Corporation for the conduct of Public Hearings regarding Proposed Rulemaking.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-5 § 5.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-2(a)(4).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-5 § 5.3 Definitions

A.For the Purpose of this regulation:

1.“Member of the public” means any individual, firm, business, corporation, association, partnership or other group.

2.“Presiding RIAC official” means the RIAC employee conducting the Public Hearing.

3."Public hearing" means the convening of Members of the Public and agency personnel for the purpose of obtaining public comment on a Proposed Rulemaking.

4.“Proposed rulemaking” means a proposed new rule, proposed amendment to a rule or proposed repeal of a rule as noticed pursuant to R.I. Gen. Laws § 42-35-2.7.

5.“RIAC” means the Rhode Island Airport Corporation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-5 § 5.4 Procedure for Conduct of Public Hearings

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-10 to 01/04/2022

800-RICR-00-00-6 Procurement Regulations

800-RICR-00-00-6 § 6.1 General Provisions

6.1.1Purposes and Policies

A.The intent, purpose, and policy of these Procurement Regulations shall be to simplify, clarify, and continuously modernize the procurement system for the Rhode Island Airport Corporation (“RIAC”) in accordance with the State Purchases Act, R.I. Gen. Laws § 37-2-1, et seq., so as to provide efficiency and economy in the purchase of goods, services, and construction, while maintaining and safeguarding quality, integrity, fairness, responsibility, accountability, and equity in accordance with the highest ethical standards. RIAC adheres to the general principles, policies, and practices of the State Purchases Act, R.I. Gen. Laws § 37-2-1, et seq.

History

• Amendment — effective from 2025-10-12 to current
• Periodic Refile — effective from 2022-01-04 to 10/12/2025
• Technical Revision — effective from 2018-12-11 to 01/04/2022
• Adoption — effective from 2018-12-11 to 12/11/2018

800-RICR-00-00-6 § 6.2 Application

6.2.1Application of State Purchases Act

A.R.I. Gen. Laws § 37-2-4 (the "State Purchases Act") shall apply to every expenditure of public funds, except as otherwise provided by law, by RIAC under any contract or like business agreement, except only those contracts or like business agreements between RIAC and the State or its political subdivisions or other governments. It shall also apply to the disposal of RIAC supplies and equipment. Nothing in the State Purchases Act or these regulations shall prevent RIAC from complying with the terms and conditions of any grant or funding, including without limitation, any grant or funding from or through the Federal Highway Administration, the Federal Aviation Administration, any state agency, or any gift, bequest or co-operative agreement.

B.Nothing contained in these Procurement Regulations shall prevent RIAC from accepting assignment of any contract from the State of Rhode Island, any of its departments, including without limitation the Rhode Island Department of Transportation or any other entity; provided, however, that any such contract shall have been awarded in accordance with the requirements of the State Purchases Act.

C.RIAC may make use of Master Price Agreements entered into between the State of Rhode Island and vendors of goods and services.

D.RIAC may make use of cooperative agreements with any agency of the federal government, the State of Rhode Island and its subdivisions, or with any agency of another state.

6.2.2Procurement Authority for RIAC

A.The President and CEO, except as otherwise provided by law, shall serve as the procurement and contracting agent of RIAC.

B.Within RIAC there shall be a Purchasing Agent appointed by the President and CEO.

C.The President and CEO shall have the authority to delegate in writing the Purchasing Agent to act on behalf of the President and CEO in carrying out the responsibilities and authority set forth herein for selection, evaluation, approval, debarment, suspension, rejection, and restriction of bidders and offerors.

6.2.3Rhode Island Code of Ethics

A.RIAC officials and employees shall be subject to the provisions of R.I. Gen. Laws Chapter 36-14, as amended from time to time (the "Code of Ethics"), all regulations promulgated by the Rhode Island Ethics Commission, as amended from time to time, and any special provisions of this section.

B.It is the policy of RIAC that RIAC officials and employees must adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable and responsive, avoid the appearance of impropriety, and not use their positions for private gain or advantage

History

• Amendment — effective from 2025-10-12 to current
• Periodic Refile — effective from 2022-01-04 to 10/12/2025
• Technical Revision — effective from 2018-12-11 to 01/04/2022
• Adoption — effective from 2018-12-11 to 12/11/2018

800-RICR-00-00-6 § 6.3 Bidder Responsibility, Solicitation, Prequalification, and Debarment/Suspension

6.3.1Responsibilities of Bidders and Offerors

A.In accordance with R.I. Gen. Laws § 37-2-24, RIAC shall make a written determination of responsibility of a bidder or offeror. Determinations of responsibility may be made by evaluating the following:

1.Financial capability;

2.Reputation;

3.Management;

4.Ability to meet bidder’s security requirements in accordance with R.I. Gen. Laws § 37-2-40;

5.Any other factors deemed necessary by RIAC.

B.The failure of a bidder or offeror to supply information promptly (within two (2) working days unless otherwise specified by the President and CEO) in connection with an inquiry related to responsibility may be grounds for a determination of non-responsibility.

6.3.2Solicitation

A.RIAC will take steps to ensure that minority, women, small business enterprises, and disadvantaged business enterprises certified by the Office of Diversity, Equity & Opportunity of the Rhode Island Department of Administration (“MBEs”) have an opportunity to participate in contracts for services, construction, equipment, and supplies wherever possible. RIAC maintains a Disadvantaged Business Enterprise Plan (including a small business element) on file with the Federal Aviation Administration.

6.3.3Prequalification of Contractors

A.The President and CEO may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction in accordance with R.I. Gen. Laws § 37-2-25.

6.3.4Debarment and Suspension

A.The President and CEO may debar or suspend a supplier from the bidding process.

1.Causes for debarment or suspension may include but shall not be limited to:

a.Conviction of fraud or perjury;

b.Falsification of information;

c.Substantial nonperformance on more than two (2) contracts with RIAC or with any Rhode Island state agency; and

d.Debarment by the state or federal government.

2.The President and CEO shall notify in writing any vendor whom he/she intends to debar or suspend.

a.Such notice shall:

(1)state the nature of and, in the case of suspension, the duration of the sanction;

(2)provide the vendor with a rationale for the decision; and

(3)establish a specific time for reconsideration not less than two (2) weeks nor more than three (3) weeks within which the vendor may provide justification for why such action should not be implemented.

b.The provision for a reconsideration period shall not apply to those circumstances where the President and CEO has determined that issuance of a purchase order to a particular vendor may present a serious compromise of the interests of RIAC.

c.Upon the expiration of the reconsideration period, the President and CEO shall notify the affected vendor of his/her final decision. If no request for reconsideration has been submitted, the President and CEO shall implement the appropriate action.

3.The President and CEO may suspend a vendor for not less than a three (3) month and not more than a two (2) year period, depending on the severity of a particular violation.

4.A vendor who has been suspended or rejected shall not be reinstated until he/she has submitted a request for reinstatement to the President and CEO. Such request shall be submitted with evidence that the reason for the suspension or rejection has been corrected.

5.Protests of decisions rendered by the President and CEO shall be administered in accordance with the requirements of R.I. Gen. Laws § 37-2-52.

History

• Amendment — effective from 2025-10-12 to current
• Periodic Refile — effective from 2022-01-04 to 10/12/2025
• Technical Revision — effective from 2018-12-11 to 01/04/2022
• Adoption — effective from 2018-12-11 to 12/11/2018

800-RICR-00-00-6 § 6.4 Source Selection

6.4.1Methods of Source Selection

A.Except as otherwise authorized by law, or as specifically exempted herein, all RIAC contracts shall be awarded as the result of:

1.Competitive Sealed Bidding;

2.Competitive Negotiation;

3.Non-competitive Procurements;

4.Small Purchase Procedures;

5.Grants (where permitted by law);

6.Exemptions

6.4.2Competitive Sealed Bidding

A.RIAC conducts Competitive Sealed Bidding in accordance with R.I. Gen. Laws § 37-2-18.

6.4.3Competitive Negotiation

A.A contract may be awarded in accordance with R.I. Gen. Laws § 37-2-19 by competitive negotiation when the President and CEO determines in writing that the use of competitive sealed bidding is not practicable due to certain factors including but not limited to:

1.Lowest price is not the sole or primary consideration to be used in determining an award;

2.Performance is neither specific nor objective, and open to the offeror’s interpretation;

3.It is otherwise anticipated that offers may be substantially different and that there is insufficient common ground for objective comparison; or

4.It is anticipated that changes may be made after proposals are opened and that the nature of the proposals and/or prices offered may be negotiated prior to award.

6.4.4Non-Competitive Procurements

A.Noncompetitive procurement may be used when the item(s) or service(s) necessary may only be procured from a single or sole source or in the event of an emergency, in accordance with R.I. Gen. Laws § 37-2-21.

B.Sole Source

1.A contract may be awarded for a supply, service, or construction item without competition when the President and CEO determines, in writing, that there is only one source for the required supply, service, or construction item.

2.Sole source categories may include:

a.items of a unique nature that are unavailable from other sources due to patents or proprietary processes;

b.books, maps, periodicals, and technical pamphlets, films, video and audio cassettes obtained from publishers;

c.certain computer software;

d.licenses—computer software, electronic transmittal;

e.specialized replacement/repair parts or expansion parts necessary to maintain the integrity of system or function, e.g. scientific research;

f.works of art for museum or public display;

g.specialized services for which there is only one documented accepted source, such as transactions involving unique professional services and/or educational institutions, e.g., visiting speakers or professors, and performing artists; repair/maintenance agreements with manufacturers;

h.advertisements, public notices in magazines, trade journals, newspapers, television.

(1)NOTE: Purchase of advertising and public relations consulting services must be established through a competitive selection process.

C.Emergency Procurements

1.The President and CEO may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety.

2.An emergency means a situation to which an urgent response is required because of immediate dangers to health and safety, threat to property and necessary functions, or failures of critical equipment. Inadequate anticipation may not be considered justification for “emergency” procurement. Commitments should not extend beyond the immediate response to the emergency conditions.

3.Emergency procurements shall be made with such competition as is practicable under the circumstances.

4.A written determination of the basis for the emergency and for the selection of the contractor shall be included in the contract file.

6.4.5Small Purchases

A.Competitive quotes shall not be required for purchase orders up to $25,000 for small construction and up to $10,000 for other purchases, or any other amount not to exceed the statutory limit, if the prices are considered to be reasonable. Small construction purchases shall include building, altering, repairing, improving or demolishing buildings or other improvements to real property.

6.4.6Exemptions

A.RIAC may waive requirements for competitive sealed bidding in accordance with R.I. Gen. Laws § 37-2-54.

History

• Amendment — effective from 2025-10-12 to current
• Periodic Refile — effective from 2022-01-04 to 10/12/2025
• Technical Revision — effective from 2018-12-11 to 01/04/2022
• Adoption — effective from 2018-12-11 to 12/11/2018

800-RICR-00-00-6 § 6.5 Bid Documents

6.5.1Confidentiality of Technical Data, Trade Secrets and Financial Information

A.All information received from bidders/offerors as a result of a Competitive Sealed Bidding or Competitive Negotiation is deemed public unless a separate redacted public copy is submitted as outlined below, regardless of whether the information is marked confidential/proprietary.

1.Each Bidder engaging in Competitive Sealed Bidding or Proposers engaging in Competitive Negotiations must include a public copy to be available for public inspection.

2.Bidders/Proposers may redact in the public copy any trade secrets or commercial or financial information which is of a privileged or confidential nature pursuant to the Access to Public Records Act (R.I. Gen. Laws § 38-2-1 et seq.).

3.RIAC shall make the final determination on if the redacted information meets the statutory requirements of the Access to Public Records Act (R.I. Gen. Laws § 38-2-1 et seq.).

6.5.2Correction or Withdrawal of Bids

A.Correction or withdrawal of bids may be permitted by the President and CEO without penalty only to the extent described below:

1.Correction of a Bid Prior to Opening

a.The bidder must request in writing that his/her bid be returned and he/she resubmits a corrected bid prior to the bid opening.

b.A vendor who fails to resubmit a corrected bid before the bid opening shall be considered nonresponsive.

2.Correction of a Bid after Bid Opening

a.Requests by the apparent low bidder for correction of bids identifying all error(s) and specifying corrective action shall be submitted within two (2) working days after the bid opening in writing to the President and CEO and shall be re-evaluated with all other offers.

3.Withdrawal of Bids

a.Requests for withdrawal of bids shall be submitted in writing to the President and CEO, providing an explanation for the action and advising the President and CEO as to why the bidder should not be suspended.

B.The President and CEO shall respond to requests for correction or withdrawal within ten (10) working days, notifying the bidder of the status of his/her bid, and bid surety.

6.5.3Issuance of Specifications

A.RIAC may develop standards committees (product advisory committees) to review, develop and update specifications and standard item designations for frequently and/or extensively used products.

History

• Amendment — effective from 2025-10-12 to current
• Periodic Refile — effective from 2022-01-04 to 10/12/2025
• Technical Revision — effective from 2018-12-11 to 01/04/2022
• Adoption — effective from 2018-12-11 to 12/11/2018

800-RICR-00-00-6 § 6.6 Contracts

6.6.1Types of Contracts

A.RIAC may enter into any type of contract which will promote the best interests of RIAC as may be determined by the President and CEO or his/her designee which may include partial, progressive, and/or multiple awards.

6.6.2Contract Terms and Conditions

A.RIAC will include in its solicitation documents and/or contracts appropriate clauses relating to termination of contracts in accordance with R.I. Gen. Laws §§ 37-2-43(b) and (c).

History

• Amendment — effective from 2025-10-12 to current
• Periodic Refile — effective from 2022-01-04 to 10/12/2025
• Technical Revision — effective from 2018-12-11 to 01/04/2022
• Adoption — effective from 2018-12-11 to 12/11/2018

800-RICR-00-00-6 § 6.7 Cost and Pricing Principles

A.Except as otherwise provided by contract, the President and CEO shall determine appropriate cost principles to be used in determining the:

1.Estimated costs of fixed prices when the absence of open market competition precludes the use of competitive sealed bidding;

2.Adjustments for state-directed changes or modifications in contract performances;

3.Settlements of contracts which have been terminated; and

4.Validity of incurred costs for the purpose of reimbursing costs under contract provisions.

History

• Amendment — effective from 2025-10-12 to current
• Periodic Refile — effective from 2022-01-04 to 10/12/2025
• Technical Revision — effective from 2018-12-11 to 01/04/2022
• Adoption — effective from 2018-12-11 to 12/11/2018

800-RICR-00-00-6 § 6.8 Disposition Process

A.The President and CEO shall sell or otherwise dispose of property of RIAC which is not needed or has become unsuitable for public use, or would be more suitable consistent with the public interest for some other use pursuant to the provisions R.I. Gen. Laws § 37-2-45.

History

• Amendment — effective from 2025-10-12 to current
• Periodic Refile — effective from 2022-01-04 to 10/12/2025
• Technical Revision — effective from 2018-12-11 to 01/04/2022
• Adoption — effective from 2018-12-11 to 12/11/2018

Chapter 10 Operations

Subchapter 00

800-RICR-10-00-1 Aeronautics Regulations

800-RICR-10-00-1 § 1.1 Authority and Purpose

A.These rules and regulations have been established in accordance with FAA Requirements, the Administrative Procedures Act, R.I. Gen. Laws Chapter 1-4 [the Uniform Aeronautical Regulatory Act ("UAR")], and any other provisions of the R.I. Gen. Laws conferring jurisdiction to the Rhode Island Airport Corporation ("RIAC"), whether in effect prior to or subsequent to the adoption of these regulations. Issues not addressed in these rules or for which a party seeks clarity are to be considered in light of FAA requirements. The President & CEO has the statutory duty to adopt and enforce rules and regulations by the authority granted in R.I. Gen. Laws § 1-2-1(a) et seq. The following regulations are promulgated to fulfill the President & CEO’s duties to protect the safety of persons operating or using Aircraft and persons and property on the ground, to develop and promote aeronautics within Rhode Island, and regulate the safe and efficient operation of Airports, Airport facilities and grounds. Nothing hereunder shall be construed to modify, alter or amend any of the statutory powers, duties or authority of the President & CEO.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.2 Applicability

A.The regulations set forth herein apply to all Civil Aircraft and Operations in the state of Rhode Island. Nothing herein is intended to conflict with federal law. In the event of a conflict with federal requirements, federal law shall prevail.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.3 Incorporation by Reference

A.These regulations hereby incorporate 14 C.F.R. § 91 (2018), 14 C.F.R. § 105 (2001), 14 C.F.R. § 139.5 (2023), 14 C.F.R. § 107 (2021), 14 C.F.R. § 103.1 (1982), 14 C.F.R. § 91.203 (2022), 14 C.F.R. § 61.3 (2022), 49 C.F.R. § 1550 (2002), 14 C.F.R. § 61 (1997), 14 C.F.R. § 31 (1964), 14 C.F.R. § 31.65 (1980), and 14 C.F.R. § 91.311 (2004) by reference, not including any further editions or amendments thereof and only to the extent that the provisions herein are not inconsistent with those regulations.

B.These regulations hereby incorporate the United States Parachute Association’s “Skydiver’s Information Manual” (2018) and the “Instructional Rating Manual” (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions herein are not inconsistent with those regulations.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.4 Definitions

A.The definitions set forth herein are derived from, and shall be interpreted to be consistent with, Title 14 of the Code of Federal Regulations ("C.F.R."), the Uniform Aeronautical Regulatory Act ("UAR"), and R.I. Gen. Laws §§ 1-4-1 et seq., and 1-2-3.1. The following words and phrases shall have meanings as set forth below:

1.“Aeronautics” means transportation by Aircraft, Air Instruction, the Operation, repair, or maintenance of Aircraft, and the design, Operation, repair, or maintenance of Airports or Landing Areas.

2.“Aircraft” means any contrivance now known or invented, used, or designed for navigation of, or flight in, the air, except a Parachute or other contrivance designed for air navigation but used primarily as safety equipment.

3.“Air instruction” means the imparting of aeronautical information by any aviation instructor. Air Instruction includes any individual engaged in providing, or offering to provide, instruction in Aeronautics, in flying, in ground subjects, or in both, either with or without compensation or other reward, without advertising his or her occupation, without calling his or her facilities "Air School" or any equivalent term, and without employing or using other instructors.

4.“Air school” means any Person engaged in giving, offering to give, or advertising, representing, or holding him or herself out as giving, with or without compensation or other award, instruction in Aeronautics, flying, in ground subjects, or in both.

5.“Airport” means any Landing Area that provides facilities for the shelter, supply, and repair of Aircraft and which, as to size, design, surface, marking, equipment, and management meets the minimum requirements established in § 1.6 of this Part.

6.“Airport manager” means the Person designated as the one responsible for the proper operation of the Airport, in conformance with Federal Requirements, Rhode Island Laws, and the Aeronautics Regulations and Operations Directives of the Airport.

7.“Balloon” means a lighter than air Aircraft that is not engine-driven and that sustains flight through the use of either gas buoyancy or an airborne heater and may be further characterized as a Manned Free Balloon or an Unmanned Free Balloon.

8.“B.A.S.E jumping” means an activity that employs an initially packed parachute to jump from fixed objects. B.A.S.E. is an acronym that stands for four categories of fixed objects from which on can jump: Building, Antenna, Span, and Earth (cliff).

9.“Careless, reckless, and/or negligent acts” means any act that may endanger property and/or the safety of Persons on the ground and/or in the air. Such acts shall include:

a.Aircraft Operations other than for the purpose of air navigation on any part of the surface of an Airport used by Aircraft for air commerce (including areas used by those Aircraft for receiving or discharging Persons or cargo),

b.operating an Aircraft in a manner that is a hazard to navigation;

c.failure to obtain approvals or otherwise comply with FAA Requirements, and/or the regulations and directives issued by RIAC, and/or

d.any other acts included under 14 C.F.R. § 91 (2022).

10.“Certified aircraft” means any Aircraft for which an Aircraft certificate other than a registration certificate has been issued by the government of the United States.

11.“Civil aircraft” means any Aircraft other than a Public Aircraft.

12.“Common traffic advisory frequency” or "CTAF" means a radio frequency used for air-to-air communication designated for the purpose of carrying out Airport advisory practices while operating to or from an Airport without an operating control tower or where the tower is not Operational.

13.“Dealer in aircraft” or “Aircraft dealer” means any Person who engages in a business, a substantial part of which consists of the manufacture, selling, or exchanging of Aircraft and who is registered as a dealer with the federal government.

14.“President & CEO” means the President and Chief Executive Officer of the Rhode Island Airport Corporation or his/her designee.

15.“Drop zone” or “DZ” means any pre-determined area upon which parachutists or objects land after making an intentional Parachute jump as defined in 14 C.F.R. § 105.3 (2001).

16.“Flight school” means the same as Air School.

17.“Flying club” means any number of Persons (other than one individual) who, for neither profit nor reward, owns, leases, or uses one or more Aircraft for the purpose of instruction, pleasure, or both.

18.“Heliport” or “Helistop” means any landing area that is proposed or used for the landing and takeoff of helicopters.

19.“Jumper” means any Person Skydiving or Parachute Jumping.

20.“Landing area” means an Airport, or any area of land, water, or both, otherwise referred to as a Landing Field, which is used or is made available for the landing and take-off of Aircraft, which may or may not provide facilities for the shelter, supply, and repair of Aircraft, and which, as to size, design, surface, marking, equipment, and management meets the minimum requirements established in § 1.6 of this Part from time to time by the President & CEO or his/her designee.

21.“Military aircraft” means Public Aircraft Operated in the service of the United States Army, Air Force, National Guard, Navy, Marine Corps or Coast Guard.

22.“Movement area” means the runways, taxiways, and other areas of an airport which are used for taxiing or hover taxiing, takeoff, and landing of Aircraft, exclusive of loading ramps or Aircraft parking areas, as defined in 14 C.F.R. § 139.5 (2023).

23.“Operate” or “Operation” means, with respect to Aircraft, to use, cause to use or authorize to use an Aircraft, for the purpose of engine start, movement on the ground (taxi), or air navigation including the piloting of Aircraft, with or without the right of legal control (as Owner, lessee, or otherwise).

24.“Operations directives” means requirements issued by RIAC that pertain to the internal operations of a public use Airport. Operations Directives shall be posted in accordance with R.I. Gen. Laws § 1-4-11 in the main office of the President & CEO at least five (5) days before the effective date and mailed or e-mailed to users of the Airport that are impacted by the directives.

25.“Operator” means a Person who Operates or is in actual physical control of an Aircraft.

26.“Owner” means the legal title holder or any person, firm, co-partnership, association, or corporation having the lawful possession or control of an Aircraft under a written agreement.

27.“Parachute” means a device used or intended to be used to retard the fall of a body or object through the air.

28.“Person” means any individual, partnership, corporation, association, entity, governmental subdivision, or public or private organization of any character.

29.“Pilot in command” means a properly licensed Pilot who is directly responsible for, and is the final authority, as to the Operation of the Aircraft as defined in 14 C.F.R. § 91 (2022) Subpart A and 14 C.F.R. § 107 (2021).

30.“Public aircraft” means an Aircraft used exclusively in the governmental service.

31.“Private restricted landing area” “PRLAs” means any Landing Area that is not open for public use, including but not limited to Landing Fields, heliports and helistops.

32.“RIAC” means the Rhode Island Airport Corporation.

33.“Skydiving” or “Parachute jumping” means the descent of a Person to the surface from an Aircraft in flight, when he/she intends to use, or uses, a Parachute during all or part of that descent.

34.“Skydiving/Parachuting jump center” means an area and its facilities and organization where Skydiving and/or Parachuting is regularly conducted and for which approval has been issued by RIAC.

35.“Unmanned aircraft” or “UA” means an Aircraft operated without the possibility of direct human intervention from within or on the Aircraft.

36.“Unmanned aircraft system” or “UAS” means a UA and its associated elements that is capable of sustained flight in the atmosphere, including communication links and the components that control the UA, that are required for the pilot in command to operate safely and efficiently in the national airspace system. The UA may be remotely controlled or may fly autonomously through software-controlled flight plans in their embedded systems working in conjunction with GPS.

37.“Ultralights” means Aircraft vehicles including gliders, sailplanes, motor gliders, paragliders, motorized paragliders, hang gliders and any other Aircraft vehicle that meets the definition set forth in 14 C.F.R. § 103.1 (1982).

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.5 General Information for Applicants

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.6 Landing Areas (including Landing Fields, Airports, Helistops, and Heliports)

A.Applications. No one may establish, alter, activate or deactivate an Airport or Landing Field, including any Private Restricted Landing Areas (PRLAs) and public Landing Areas, without first obtaining a certificate of approval in the form of written authorization from the President & CEO or his/her designee.

B.Application Requirements, Criteria, and Maintenance

1.The applicant shall set forth the general purpose or purposes for which the Landing Areas to be established and ensure that the site, and its use, conforms to all applicable safety standards.

2.All applications for Landing Areas must be submitted at least thirty (30) days prior to the date the applicant intends to use the site as a Landing Area.

3.Applicants proposing a Landing Area, or alterations to a Landing Area, that is not located on property owned or controlled by the applicant, or is partially located on property owned or controlled by others, must obtain authorization from the owner and/or Person in control of the property to use the property as a Landing Area. The signature of the Owner and/or Person in control of the property must be notarized. Such written, notarized authorizations must expressly authorize the applicant to apply for the activities set forth in the application.

4.Information required in the application includes the address, a description of the landing site, the general purpose or purposes for which the Landing Area is to be established, the dates and times of the proposed use, a scaled site plan depicting Movement Areas inclusive of horizontal and vertical safety areas and protection zones, and a written plan addressing safety and security.

a.The safety plan for PRLAs shall include, but not be limited to, notification to the police and fire department of the town or city where the Landing Area is located.

5.The application fee is one hundred dollars ($100.)

6.Landing Areas shall be inspected by the President & CEO, or his/her designee prior to the issuance of a certificate of approval. The President & CEO, or his/her designee shall make recommendations, including conditions upon which an approval may be based, to the President & CEO, or his/her designee. The inspection shall include but not be limited to: wind indicators, management requirements, surface condition reporting, plans for safety and security, emergency equipment, established approaches, and ground-to-air communications, and other requirements deemed by RIAC to be applicable to the particular landing site.

7.The applicant shall send written notification to the respective fire, rescue, and police departments in the city or town where the proposed Landing Area is located. Such notification shall state that a Landing Area Application has been filed with the Rhode Island Airport Corporation, and that the applicant will notify the fire and police departments of application approval. The applicant shall submit a copy of this notification with the Landing Area Application.

8.Landing Areas open for public use, require a 5010, Airport Master Records and Reports, inspection by the President & CEO, or his/her designee. Public Use Landing Areas shall be subject to an annual inspection by the President & CEO, or his/her designee with reasonable notice.

9.PRLAs shall be subject to an inspection at least once every five (5) years by the President & CEO or his/her designee with reasonable notice.

10.Upon request of any Person, the certificate of approval must be produced.

C.Duty to Maintain Landing Areas

1.It is the responsibility of the landowner and the user of the Landing Area to independently determine whether the Aircraft may be safely landed at the proposed Landing Area and ensure that the surface of the Landing Area remains cleared of any obstructions and available for safe operations at the time the use is proposed.

2.Any approval issued by RIAC shall be limited to the facts submitted with the application and be subject to the pilot's independent determination that the particular Aircraft may be safely Operated at the Landing Area prior to each use.

3.A certificate of approval issued by RIAC does not obviate the need for compliance with local zoning or any other applicable federal, state, or local laws.

4.The certificate of approval shall only apply to those specific flight operations requested by the applicant, and it is the responsibility of the landowner to maintain compliance with any conditions imposed by RIAC.

5.Alterations/Changes to Landing Area or Surrounding Area. It is the obligation of the property owner, operator and user of the Landing Area to notify the President & CEO, or his/her designee of any:

a.alteration to, and deactivation of, a Landing Area; and

b.change to the Landing Area, and properties in the vicinity in that Landing Area, that may impact the ability to land an Aircraft at the Landing Area. All alterations or changes must be approved by RIAC in advance of any use or change in use.

D.Operations.

1.All Airports and Landing Areas must operate in compliance with FAA requirements, the UAR, as well as the Aeronautical Regulations and any Operations Directives issued by RIAC. Every Airport and Landing Area must also operate in compliance with its RIAC-approved plans for safety and security.

2.Public Use Landing Areas that do not receive federal funding shall be operated in accordance with FAA safety standards unless a NOTAM or Airport/Facility Directory remark has been issued identifying the non-standard condition.

3.All Public Use Airports shall be operated by an Airport Manager. The Airport Manager shall designate a Person whom he or she deems competent and has been instructed on action to be followed in emergency situations to act on behalf of the Airport Manager at such times as he/she shall be absent from the Airport.

4.No Person shall tamper with, alter, destroy, remove, carry away or cause to be carried away, any object or objects pertinent to the proper functioning or marking and lighting of Airports or PRLAs or other aeronautical facilities, or in any way change the position or location of such object or markings except by the direction of the proper authorities charged with the maintenance and operation of such facilities.

5.Entry on Operating Areas. Except in cases of obvious emergency or distress requiring immediate assistance, no Person shall enter, cross or occupy on foot, or cause any vehicle, except Aircraft, to enter, cross or occupy any runway, taxi strip or Operations Area located on any Airport or Landing Area approved by RIAC during the hours of operation of said Airport or Landing Area except after obtaining permission from the Airport Manager or authorized representative, or from the control tower located at said Airport or Landing Area and the owner of the Landing Area.

6.No Person may Operate an Aircraft in a careless, reckless, or negligent manner so as to endanger the life or property of another.

7.Any authorized representative of RIAC shall have the right to inspect any Landing Area, with reasonable notice to privately owned and operated Landing Areas.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.7 Skydiving/Parachute Jumping

A.Skydiving/Parachuting Minimum Requirements. The following minimum requirements apply to all Skydiving/Parachuting activities within Rhode Island.

1.All United States Parachute Association (USPA) Basic Safety Requirements must be followed, including training by USPA rated instructors and the use of USPA-required equipment.

2.No Person under eighteen (18) years of age may Skydive/Parachute in Rhode Island unless the Skydiving/Parachuting is in tandem with a USPA Tandem Instructor and the participant has parental or guardian consent to Skydive/Parachute on the date the Skydiving/Parachuting occurs and such skydiving is in accordance with all other legal requirements, including equipment manufacturer restrictions.

3.No Person under sixteen (16) years of age may Skydive/Parachute in Rhode Island.

4.RIAC must approve, in advance, any jump that is not made from an approved Skydiving/Parachuting Jump Center. No Skydiving/Parachuting shall take place at any location other than an approved Skydiving/Parachuting Jump Center unless seven (7) days notification has been given to the appropriate officials of the area or community involved and RIAC has authorized the operation. RIAC may impose additional restrictions on a case-by-case basis.

B.B.A.S.E. Jumping, is not regulated by the FAA or addressed by the USPA. B.A.S.E. Jumping is strictly prohibited in the state of Rhode Island.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.8 Skydiving/Parachuting Jump Centers

A.No Person may establish, Operate or alter a Skydiving/Parachuting Jump Center without first obtaining a Skydiving/Parachuting Jump Center Permit issued by RIAC.

B.Application Requirements.

1.A permit for a Skydiving/Parachuting Jump Center may be issued by RIAC provided that the applicant demonstrates that the Skydiving/Parachuting Jump Center will comply with all USPA Guidelines, FAA Requirements, and all Operator requirements established in § 1.8(C) of this Part.

2.The application fee is one hundred dollars ($100).

3.The holder of the Skydiving/Parachuting Jump Center Permit must obtain written approval prior to implementing any changes to jumping operations, Aircraft type, and/or number.

4.Permits shall expire one (1) year from the date of issuance, or at the end of a specific term agreed to by RIAC pursuant to a contract. Any individual, business, or corporation operating a Skydiving/Parachuting Jump Center must, on a yearly basis or at the end of the contract term, submit an application to operate.

5.The recipient of the Skydiving/Parachuting Jump Center Permit must apply for a renewal of the permit at least thirty (30) days prior to the date the permit expires.

a.Renewal application forms are available from, and shall be submitted to the President & CEO, or his/her designee.

b.The Skydiving/Parachuting Jump Center Permit will be renewed provided the President & CEO, or his/her designee determines that it continues to meet the permit criteria.

c.Revocation/Denial. RIAC shall revoke the Skydiving/Parachuting Jump Center Permit for failure to comply with the regulations set forth herein, if the application contains a false or misleading statement or representation, or if there is any change in circumstances upon which the Skydiving/Parachuting Jump Center Permit was issued.

6.The Skydiving/Parachuting Jump Center Permit must be posted in the place of business, in clear view of the public.

C.Operator Requirements

1.If an Airport/Landing Area is privately owned, RIAC must receive a statement from the Owner of the Airport stating that use of the Skydiving/Parachuting Jump Center for the upcoming year is granted to the operator(s) of the Center.

2.The area shall have a method of determining wind drift.

3.The Person in charge of operating the Skydiving/Parachuting Jump Center shall be the holder of the Skydiving/Parachuting Jump Center Permit.

4.The facilities and equipment for the ground instruction of student Jumpers will comply with applicable FAA Requirements and USPA Guidelines.

5.In addition to complying with applicable FAA Requirements and USPA Guidelines, the Skydiving/Parachuting Jump Center shall also comply with the following:

a.Maintain monthly reports of the number of jumps and any injuries or damages incurred because of Skydiving/Parachute Jump activities.

b.The ground crew must have radio communications with the jump Aircraft.

c.A copy of any FAA Certificates of Waiver or Authorization for this activity shall be provided to the Office of the President & CEO, or his/her designee.

d.All vehicles used in support of Skydiving/Parachuting Jumping activities shall comply with all airport vehicle operation requirements.

e.Ground support vehicles shall be parked off of any Aircraft Operational (movement) Areas ("AOA") when not in use. Ground support vehicles include fuel carts and golf carts.

f.Jumping mishaps where injury, death, off-site landings or property damage occurs shall immediately be reported to the RIAC President & CEO’s office and a written report filed.

6.In addition to any insurance requirements in lease(s), a current copy of insurance coverage (which shall cover the Skydiving/Parachuting Jump Center Operations) shall be on file with RIAC. The Airport where jumps occur shall be listed as an additional insured, and if it is a state-owned Airport, RIAC and the state of Rhode Island shall be listed as additional insureds.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.9 Registration of Airmen and Aircraft

A.Pilot License. Any person operating a Civil Aircraft in the state of Rhode Island must operate in accordance with 14 C.F.R. § 91.203 (2018) Certification. A pilot's license, medical certificate, or permit shall be kept in the personal possession of the pilot while operating an Aircraft in Rhode Island.

B.Aircraft Dealers, Owners, and Operators of Aircraft. All Aircraft must have a valid Aircraft registration and an airworthiness or experimental certificate issued by the government of the United States.

1.Aircraft dealers, Owners and Operators of all Aircraft based or primarily used in the state of Rhode Island, and Aircraft Dealers, Owners, and Operators who operate non-commercially more than ninety (90) days in a calendar year in the state, shall register the federal certificates issued for the Aircraft with RIAC in accordance with R.I. Gen. Laws § 1-4-6.

2.Aircraft Registration Process.

a.Owners and Operators of Aircraft based or primarily used in Rhode Island shall send a copy of the federal registration certificate issued for the Aircraft to RIAC.

b.All Dealers in Aircraft based or primarily used in the state of Rhode Island shall register the federal certificates of their Aircraft (N-number registrations) and the federal dealer registration certificate with RIAC.

c.Upon receipt of the federal Aircraft certificate (N-number registration), Annual Aircraft Registration Application and appropriate fee as defined in R.I. Gen. Laws § 1-4-6. RIAC shall issue a registration that must remain in the Aircraft.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.10 Flight Schools, Flying Clubs, and Air Instruction

A.All Persons operating Flight Schools and Flying Clubs that provide Air Instruction, shall be Certified Flight Instructors and comply with 14 C.F.R. § 61.3 (2022) Certification.

B.All Flight Schools shall comply with the Transportation Security Act and the rules, regulations, and guidance promulgated pursuant thereto, including School Awareness Security Training set forth in 49 C.F.R. § 1550 (2002).

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.11 Safety and Security

A.Operating Under the Influence.

1.Crewmember Defined. A Crewmember shall be a person assigned to perform a duty in an Aircraft during flight time.

2.It shall be unlawful for a Crewmember and/or any person to operate or attempt to operate an Aircraft on the ground, on the public waters, or in the air:

a.Under the influence of intoxicating liquor or of any controlled drug which affects a person's ability to operate an Aircraft in a safe manner or while having 4/100 percent or more by weight alcohol in his or her blood; and

b.As otherwise prohibited by the within regulations, state (including but not limited to the prohibitions enumerated in R.I. Gen. Laws § 1-4-10.2) and/or federal law.

3.Implied Consent. Any Crewmember and/or person who operates or attempts to operate an Aircraft on the ground, on the public waters, or in the air in this state shall, on request of a law enforcement officer, be deemed to have given consent to:

a.physical tests and examinations for the purpose of determining whether the person is under the influence of intoxicating liquor or controlled drugs, and

b.to a chemical, infrared molecular absorption or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purpose of determining the controlled drug content of the person's blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was operating, attempting to operate, or in actual physical control of an Aircraft while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more. The test or tests shall be administrated at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating, attempting to operate, or in actual physical control of an Aircraft in this state while, under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more.

4.Test Results. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested, within 48 hours of receipt of the report by the agency by certified mail, directed to the address shown on identification furnished by the person and to the Federal Aviation Administration. Results of a test of the breath shall be furnished immediately in writing to the person tested by the law enforcement officer conducting the test.

5.Test Refusal. Reports of a refusal to submit to testing shall be provided to the Federal Aviation Administration.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.12 Use and Inspection of Facilities and Aircraft

A.Authority to Inspect.

1.Any authorized representative of RIAC shall be permitted by the Owner, operating agency, or pilot to inspect any Landing Area at any time and place. Reasonable notice of an inspection shall be provided for all PRLAs.

2.Any authorized representative of RIAC shall be permitted by owner, operating agency or pilot to investigate an Aircraft for any accident or incident.

3.For investigation purposes, RIAC shall be given free and uninterrupted access to the Aircraft, Landing Area, or Airport.

4.Upon request by any authorized representative of RIAC, any Aircraft Owner or Operator shall produce for inspection any documentation demonstrating compliance with these regulations and FAA Requirements, including airworthiness certificates, operation records, logbooks and other pertinent records.

5.Pursuant to R.I. Gen. Laws § 1-4-7, a pilot’s license, permit, and Aircraft certificates shall be presented for inspection upon the demand of any passenger, any peace officer of this state, any authorized official or employee of the President & CEO, or the board, or any official, manager, or person in charge of any airport or Landing Area in this state upon which the pilot lands, or upon the reasonable request of any other person.

B.Use of Aircraft. Neither the Owner nor Person having custody of an Aircraft shall permit any Person to Operate such Aircraft unless the Owner or Person with custody of the Aircraft has ascertained that such Person is the holder of the requisite pilot license and medical certificate, or the Person is under the supervision of the Owner or Person having custody of the Aircraft.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.13 Ultralights

A.Purpose. This regulation governs the Operation of Aircraft categorized as Ultralights as set forth in 14 C.F.R. § 103.1 (1982).

B.Inspections.

1.Any Person operating an Ultralight vehicle under this Part shall, upon request, allow the FAA, the President & CEO, or his/her designees, to inspect the vehicle.

2.Any Person operating an Ultralight vehicle must, upon request of the FAA, the President & CEO, or his/her designees, furnish evidence demonstrating that the vehicle meets the definition of an Ultralight in accordance with Applicable Requirements.

C.Operation of Ultralights. Ultralight operations at a public use airport shall be coordinated through the Airport Manager.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.14 Gliders

A.All launching of gliders shall be restricted to daylight Visual Flight Rules conditions.

B.All glider operations shall conform to 14 C.F.R. § 61 (1997).

C.Tow lines shall be dropped in the glider landing area in such a manner as not to create a hazard to Aircraft or ground personnel.

D.Both glider and tow plane operators must maintain positive communications during tow operations.

E.All glider towing and landing, shall conform to the required glider traffic patterns.

F.During glider operations, both tow plane and glider shall monitor the CTAF for traffic advisory information.

G.Glider operations at a public use airport shall be coordinated through the Airport Manager.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.15 Manned Free Hot-Air Balloons

A.Purpose. The purpose of this regulation is to ensure the safe Operation of Manned Free Hot-Air Balloons within Rhode Island.

B.Balloons do not include Ultralights but include the following:

1.Manned Free Balloon: a Free Balloon that is capable of carrying one (1) or more Persons; and is equipped with controls that enable the altitude of the Balloon to be controlled.

2.Unmanned Free Balloon: a Balloon other than a Manned Free Balloon.

C.Operational Requirements

1.Manned Free Balloons shall meet 14 C.F.R. § 31 (1964) airworthiness standards.

2.The Pilot of any Manned Free Balloon shall be responsible for complying with any local, town, or city laws or ordinances governing the launching or tethering of Manned Free Balloons.

3.Manned Free Balloons shall not free-fly during the period between sunset and sunrise, unless the craft is equipped with appropriate lighting in accordance with 14 C.F.R. § 31.65 (1980).

4.Manned Free Balloons shall not be tethered more than two hundred (200) feet above ground level or within five (5) nautical miles of an Airport during the period between sunset and sunrise unless a NOTAM has been issued.

5.When Manned Free Balloons are tethered or launched from public places, adequate protection must be provided for Persons or property in the form of ensuring public access to the Balloon is restricted and/or the Balloon is guarded at all times.

6.All Manned Free Balloon pilots that are not familiar with the particular type of terrain and proximity to the ocean of possible launching sites within the state should contact experienced local pilots concerning proposed flights, obtain thorough water briefings, and assure adequate fuel quantity to avoid landings in congested or hazardous areas.

7.Any potential use of Manned Free Balloons that will not be in compliance with all FAA Requirements shall require approval of FAA in addition to authorization from the Rhode Island Airport Corporation.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.16 Banner Towing

A.A banner tow operation is the operation of an Aircraft with an advertising medium supported by a temporary framework attached externally to an Aircraft and towed behind that Aircraft. 14 C.F.R. § 91.311 (2004)

B.Banner tow operations require a Certificate of Waiver from the Flight Standards District Office (FSDO). The Operator must comply with provisions prescribed by FSDO appropriate to the safety of the operation.

C.A copy of a valid Certificate of Waiver or Authorization shall be available onboard all Aircraft during banner tow operations. The Certificate shall include the list of approved pilots and Aircraft.

D.The person named on the Certificate of Waiver or Authorization shall obtain the approval of the Airport Manager at each airport of intended operation prior to conducting banner tow operations.

E.Operations.

1.Banner tow operations shall only be conducted in Visual Flight Rules weather conditions between sunrise and sunset.

2.No Aircraft towing a banner may fly directly over or under another Aircraft towing a banner.

3.In the event of emergency, the banner and/or tow line must be released to prevent undue hazard to persons or property on the ground.

4.Banner pickup and banner drop should be in an area pre-designated by the Airport Manager.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.17 Unmanned Aircraft Systems (UAS)

A.All UAS operations must be compliant with Federal statutes, rules, and regulations as amended or promulgated from time to time, including but not limited to 14 C.F.R. § 107 (2016).

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.18 Severability

A.These Regulations shall be construed to be consistent with, and in furtherance of, R.I. Gen. Laws Chapters 1-2 and 1-4, and consistent with the Constitution of the United States and the Constitution of Rhode Island. If any word, term, provision or part of these regulations cannot be given such a construction, and is declared to be void, all other terms, parts, words and provisions hereof shall continue to have full force and effect.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.19 Enforcement

A.The President and CEO or his/her designee may issue orders and take other action authorized under R.I. Gen. Laws Chapters 1-4 and 1-8, and R.I. Gen. Laws § 1-2-3.1 ("Applicable Rhode Island Law") to enforce the regulations, Operations Directives, and Applicable Rhode Island Law. The President and CEO or his/her designee, and any state and municipal law enforcement officer has the authority to assist and cooperate in the enforcement of these regulations.

B.The President and CEO or his/her designee may revoke a Certificate of Approval, Skydiving/Parachuting Jump Center Permit or any other authorization granted by RIAC for failure to comply with Applicable Rhode Island Law, the regulations set forth herein, Operations Directives and/or if the application contains a false or misleading statement or representation, or if there is any unapproved change in circumstances upon which the authorization was issued.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.20 Appeal Process

A.Any denial of an application, revocation, appeal of an order that is issued by the President and CEO or his/her designee, or other contested case under the RIAPA may be appealed as a final agency decision in accordance with R.I. Gen. Laws § 1-4-16 and the provisions of R.I. Gen. Laws Chapter 42-35.

B.Any denial of an application, appeal of an order, or other contested case under the RIAPA that was not signed by the President and CEO or his/her designee shall be a proposed denial or order and shall be served upon the party seeking approval or receiving the order. Service shall be made by certified mail, return receipt requested.

C.The proposed order or denial shall be prepared by the Person who has reviewed the record and shall contain a statement of reasons for the proposed decision, including a determination of each issue of fact or law necessary to the proposed decision. The parties by written stipulation may waive compliance with this Section.

D.The recipient of the proposed order or denial shall have twenty (20) days in which to appeal the proposed decision and shall be provided with an opportunity to file exceptions and present briefs and oral argument to the President and CEO or his/her designee.

E.Notwithstanding the foregoing, RIAC has the authority to take immediate action, including issuing immediate orders, as may be necessary and is authorized under any state and federal law.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.21 Superseded Directives

A.On the effective date of these Rules, any previous directives and policies issued by the Rhode Island Airport Corporation that conflict with the provisions of these regulations shall be superseded.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-1 § 1.22 Waiver

A.RIAC may, for good cause shown, waive any provision or requirement of the regulations, not specifically required by other applicable law, when RIAC determines, after consideration of the facts involved, strict compliance with said provision or requirement would not serve to protect the public safety and convenience, and would either result in undue hardship or failure to accommodate an overriding community, regional, state or national interest.

B.A request for a waiver must be submitted in writing to the President and CEO or his/her designee fourteen (14) days in advance of the date any approval is required. Any waiver granted by the President and CEO or his/her designee will be in writing.

History

• Amendment — effective from 2025-01-29 to current
• Periodic Refile — effective from 2022-01-04 to 01/29/2025
• Amendment — effective from 2018-12-10 to 01/04/2022
• Amendment — effective from 2014-06-02 to 12/10/2018
• Adoption — effective from 2011-11-01 to 06/02/2014

800-RICR-10-00-2 Ground Transportation Regulations

800-RICR-10-00-2 § 2.1 Authority and Purpose

These rules and regulations have been established by the Rhode Island Airport Corporation ("Corporation") in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1, et seq., the Uniform Aeronautical Regulatory Act ("UAR"), R.I. Gen. Laws § 1-4-1, et seq., and R.I. Gen. Laws § 1-2-1, et seq. to update the requirements for commercial ground transportation vehicles utilizing airport property. Nothing herein shall be construed to modify, alter or amend any of the statutory powers, duties or authority of the Director of the Rhode Island Department of Transportation or the applicability of any federal laws, including the Transportation Security Act and state law governing the operation of motor vehicles, R.I. Gen. Laws § 31-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.2 Applicability

The terms and provisions of this regulation shall be liberally construed to permit the Corporation to effectuate the purposes of state law, goals and policies. The regulations set forth herein apply to all commercial ground transportation vehicles that access T.F. Green State Airport.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.3 Superseded Regulations

On the effective date of these regulations, any previous directives, rules, regulations, and policies issued by the Rhode Island Airport Corporation that conflict with the provisions of these regulations shall be superseded.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.4 Definitions

A.Whenever used in these rules and regulations, the following terms shall have the meanings ascribed to them below.

1.“Access agreement” means a written authorization from the Corporation to access the Airport and Airport Circulator without a contractual relationship.

2.“Airport” means T.F. Green Airport located in Warwick, Rhode Island including, without limitation, the Airport Circulator and all other airport facilities and roadways.

3.“Airport circulator” means the roadways and walkways (including the Arrivals Roadway, Departures Roadway, and Commercial Curb) maintained by the Corporation which allow access by the general public to the Airport from Post Road, Warwick, Rhode Island and the airport connector to Interstate 95.

4.“Airport terminal” means the Bruce Sundlun Terminal located at the Airport from which Airport passengers arrive and depart.

5.“Arrivals roadway” means the roadway designated by the Corporation as the lower level nearest the Airport Terminal.

6.“Authorized user” means:

a.A person or entity under contract with the Corporation;

b.A contractually approved subcontractor of such Authorized User; or

c.A person or entity having received an Access Agreement from the Corporation to provide goods or perform services.

7.“Business entity” means any sole proprietorship, corporation, partnership, association or other organization.

8.“Cell phone waiting lot” means the location designated by the Corporation for vehicles, other than Taxi, Limousine, Jitney, Scheduled Bus/Motor Coach, Charter Bus/Motor Coach, RIPTA, Hotel Shuttle, Off Airport Parking Shuttle and Other Vehicle for Hire, to await passengers arriving at the Airport Terminal.

9.“Chargeable airport customer” means any and all Rental Car customers using the Airport or the Interlink, regardless of the location of the offices or other facilities of such Rental Car Company.

10.“Certificate” means a certificate of public convenience and necessity issued by the Rhode Island Division of Public Utilities and Carriers pursuant to R.I. Gen. Laws § 39-14-4.1.

11.“Charter bus” or “Motor coach” means a private bus designed and used for the transportation of persons for compensation from a designated location to such points as may be directed by the passenger, other than a public bus or passenger van for carrying more than ten (10) passengers pursuant to the provisions of R.I. Gen. Laws § 31-1-3 and includes the Driver of a Charter Bus/Motor Coach.

12.“Commercial curb” means the commercial ground transportation vehicle standing and loading/unloading zones, as designated by the Corporation.

13."Commercial vehicle" means a Vehicle, as defined in R.I. Gen. Laws § 33-1-3, that is owned or leased to a Business Entity and is used at the Airport for the transportation of persons for hire, compensation or profit, including but not limited to Charter Buses/ Motor Coaches, Jitneys, Limousines, Other Vehicles for Hire, and Taxicabs.

14.“Corporation” means the Rhode Island Airport Corporation, a public corporation, governmental agency, and public instrumentality of the State of Rhode Island and Providence Plantations.

15.“Departures roadway” means the roadway designated by the Corporation as the upper level nearest the Airport Terminal.

16.“Driver” means the operator of a Vehicle and any Business Entity that owns or otherwise controls a Vehicle operated by a Driver and/or the Driver's employer.

17.“Hotel shuttle” means a Vehicle operated by or on behalf of hotels, for the purpose of picking up and/or discharging hotel guests at the respective hotel or at the Airport and/or the Interlink and includes the Driver of a hotel shuttle.

18.“Hourly lot” means Parking Lot "D" or other areas at the Airport that may be designated by the Corporation for hourly public parking.

19.“Interlink” means the intermodal transportation facility for train, bus, commuter, and rental car access to, and egress from, the Airport, and located at 700 Jefferson Boulevard, in Warwick, Rhode Island.

20.“Jitney” means the meaning ascribed to that term in R.I. Gen. Laws §§ 31-1-3 and 39-13-1 and includes the Driver of a Jitney.

21.“Limousine” means a motor vehicle for hire, other than a Taxicab as defined in § 2.4(A)(32) of this Part, used for transporting members of the public for compensation from a designated location to such points as may be directed by the passenger and includes the Driver of a Limousine.

22.“Off airport parking shuttle” means a vehicle operated by or on behalf of off airport parking operators, for the sole purpose of picking up and/or discharging passengers at the respective off airport parking lot or at the Airport and/or the Interlink and includes the Driver of an Off Airport Parking Shuttle.

23.“Off-Site rental car company” means any rental car company which services Chargeable Airport Customers from a location outside the Interlink and includes the Driver of an Off-Site Rental Car Company Vehicle.

24.“On-Site rental car company” means any rental car company which services Chargeable Airport Customers from a location at the Interlink and includes the Driver of an On­Site Rental Car Company Vehicle.

25.“Other vehicles for hire” means any vehicle transporting passengers for a fee not defined in this section, and the Driver of an Other Vehicle for Hire.

26.“Person” means Driver, Business Entity and all other individuals.

27.“Registration” means Registration with the Rhode Island Division of Public Utilities and Carriers pursuant to the provisions of R.I. Gen. Laws § 39-14-4.2.

28.“Rental car company” means any Person providing rental car services for customers using the Airport or the Interlink, regardless of the location of the offices or other facilities of such Person.

29.“RIPTA” means the Rhode Island Public Transit Authority and includes any vehicle it operates as a "public bus" pursuant to the provisions of R.I. Gen. Laws § 31-1-3 and the Driver of a RIPTA.

30.“Scheduled bus/motor coach” means a private bus designed and used for the transportation of persons for compensation from and to scheduled locations, other than a public bus or passenger van designed for carrying more than ten (10) passengers pursuant to the provisions of R.I. Gen. Laws § 31-1-3 and includes the Driver of the Scheduled Bus/Motor Coach.

31.“Solicitation” means the act of engaging potential customers, in any manner, for the purpose of generating business.

32.“Taxicab” means the meaning ascribed to the term in R.I. Gen. Laws § 39-14-1 and includes the Driver of a taxicab.

33.“Vehicle”: the meaning of vehicle is set forth in R.I. Gen. Laws § 31-1-3.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.5 Use of the Airport

A.Compliance with Regulations.

1.No Driver may operate a Commercial Vehicle at the Airport except in conformance with these regulations.

2.No Business Entity may permit a Commercial Vehicle it owns, or otherwise controls, to be operated at the Airport except in compliance with these regulations.

B.Solicitation Prohibited.

1.No driver of a Commercial Vehicle may engage in solicitation at the Airport without express written permission from the Corporation.

C.Authorization Required.

1.No Driver may operate a Commercial Vehicle at the Airport without: a valid Certificate and Registration; or a valid authorization by the United States Department of Transportation.

D.Insurance.

1.Each Driver and Commercial Vehicle operating at the Airport shall at all times be covered by the greater of types and amounts of insurance required by the Corporation or under applicable law.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.6 Taxicab with a Certificate and an Authorized User

A.Taxicab with a Certificate and an Authorized User. § 2.6 of this Part applies to Drivers of Taxicabs that have a Certificate and are designated as an Authorized User by the Corporation.

1.Permitted Activities. Drivers are authorized to:

a.Drop off passengers on the Departures Roadway;

b.Pick up passengers in an area of the Commercial Curb designated by the Corporation; and

c.Drop off and/or pick up passengers in an area designated by the Corporation at the Interlink.

2.Prohibited Activities.

a.Drivers are not authorized to pick up, drop off or wait for passengers in the Hourly Lot, on the Arrivals Roadway or in the Cell Phone Waiting Lot.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.7 Taxicab with a Certificate and Not an Authorized User

A.Taxicab with a Certificate and NOT an Authorized User. § 2.7 of this Part applies to Drivers of Taxicabs that have a Certificate and have not been designated as an Authorized User by the Corporation:

1.Permitted activities. Drivers are authorized to:

a.Drop off passengers on the Departures Roadway;

b.Pick up passengers in the Hourly Lot; and

c.Drop off and/or pick up passengers in the area designated by the Corporation at the Interlink.

2.Prohibited activities

a.Drivers are not authorized to pick up, drop off, or wait for passengers on the Commercial Curb, on the Arrivals Roadway or in the Cell Phone Waiting Lot.

3.Required activities

a.Drivers shall drop off customers only in the specific area(s) designated by the Corporation and immediately leave the Airport after dropping off a customer.

B.Pre-arranged activities. If pre-arranged by a customer, Taxicab may park in the Hourly Lot and Drivers may enter the Airport Terminal to meet his/her customer; provided, however, that such Driver must:

1.Wait at the base of the exit lane escalator/elevator located on the Arrivals Level of the Airport Terminal;

2.Display a placard, measuring no less than 8 ½ inches by 11 inches in size, bearing the name of the Driver's company and the name of the customer or customer's company;

3.Produce upon request:

a.the name of the airline used by the customer;

b.the customer' s flight number, and

c.the customer's scheduled arrival time;

4.Promptly after meeting his/her customer, Taxicabs shall pay the applicable parking fee at the Hourly Lot' s standard public rates and immediately exit the parking lot and the Airport; and

5.Taxicabs may charge his/her customer for such parking fee, provided that

a.the Taxicab company is permitted to charge the customer by the Rhode Island Division of Public Utilities and Carriers and

b.the Driver immediately informs the customer of the amount of the parking fee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.8 Limousines

A.Permitted activities. Drivers of Limousines are authorized to:

1.Drop off passengers on the Departures Roadway;

2.Drop off and/or pick up passengers in the Hourly Lot; and

3.Drop off and/or pick up passengers in an area designated by the Corporation at the Interlink.

B.Prohibited activities.

1.Drivers of Limousines are not authorized to pick up, drop off or wait for passengers on the Commercial Curb, on the Arrivals Roadway or in the Cell Phone Waiting Lot.

C.Required Activities. Drivers of Limousines shall:

1.Drop off customers only in the specific area(s) designated by the Corporation;

2.Immediately leave the Airport after dropping off a customer; and

3.If pre-arranged by a customer, Limousines subject to this section may park in the Hourly Lot and Drivers may enter the Airport Terminal to meet his/her customer; provided, however, that such Driver must:

a.Wait at the base of the exit lane escalator/elevator located on the Arrivals Level of the Airport Terminal;

b.Display a placard, measuring no less than 8 ½ inches by 11 inches in size, bearing the name of the Driver' s company and the name of the customer or customer's company;

c.Produce upon request:

(1)the name of the airline used by the customer;

(2)the customer's flight number and;

(3)the customer's scheduled arrival time;

d.Promptly after meeting his/her customer, Drivers shall pay the applicable parking fee at the Hourly Lot's standard public rates and immediately exit the parking lot and the Airport; and

e.Drivers may charge his/her customer for such parking fee, provided that:

(1)the limousine company is permitted to charge the customer by the Rhode Island Division of Public Utilities and Carriers; and

(2)the Driver immediately informs the customer of the amount of the parking fee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.9 Jitney, Scheduled Bus/Motor Coach or Charter Bus/Motor Coach 35 Feet or Less in Length

A.This section governs Drivers of Jitney, Scheduled Bus/Motor Coach or Charter Bus/Motor Coach 35 feet or less in length:

1.Permitted Activities. Drivers are authorized to:

a.Drop off at the Departures Roadway.

b.Drop off and/or pick up passengers in the Hourly Lot.

c.Drop off and/or pick up passengers in an area designated by the Corporation at the Interlink, and any other area specifically designated by the Corporation.

2.Prohibited Activities:

a.Drivers are not authorized to pick up, drop off or wait for passengers on the Arrivals Roadway or in the Cell Phone Waiting Lot.

3.Authorized Users. If designated as an Authorized User the following activities are, as the case may be, permitted, prohibited and required:

a.Drivers are authorized to drop off and/or pick up passengers in an area of the Commercial Curb designated by the Corporation.

b.Drivers are prohibited from dropping off, picking up or waiting for passengers on the Arrivals Roadway or in the Cell Phone Waiting Lot.

c.Drivers shall drop off customers only in the specific area(s) designated by the Corporation, and immediately leave the Airport after dropping off a customer.

d.If pre-arranged by a customer, Drivers may park in the Hourly Lot and enter the Airport Terminal to meet his/her customer; provided, however, that such Driver must:

(1)Wait at the base of the exit lane escalator/elevator located on the Arrivals Level of the Airport Terminal;

(2)Display a placard, measuring no less than 8 ½ inches by 11 inches in size, bearing the name of the Driver' s company and the name of the customer' s company;

(3)Produce upon request:

(AA)the name of the airline used by the customer;

(BB)the customer's flight number and;

(CC)the customer's scheduled arrival time; and

(4)Promptly after meeting his/her customer, Drivers shall pay the applicable parking fee at the Hourly Lot's standard public rates and immediately exit the parking lot and the Airport. Drivers may charge his/her customer for such parking fee, provided that:

(AA)the Jitney or Scheduled Bus/Motor Coach company is permitted to charge the customer by the Rhode Island Division of Public Utilities and Carriers; and

(BB)the Driver immediately informs the customer of the amount of the parking fee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.10 Jitney, Scheduled Bus/Motor Coach or Charter Bus/Motor Coach Greater Than 35 Feet in Length and an Authorized User

A.This section governs Drivers of Jitney, Scheduled Bus/Motor Coach or Charter Bus/Motor Coach greater than 35 feet in length and an Authorized User:

1.Permitted activities. Drivers are authorized to:

a.Drop off passengers on the Departures Roadway,

b.Drop off and/or pick up passengers in an area of the Commercial Curb designated by the Corporation, and

c.Drop off and/or pick up passengers in an area designated by the Corporation at the Interlink.

2.Prohibited Activities.

a.Drivers are not authorized to drop off, pick up or wait for passengers in the Hourly Lot, on the Arrivals Roadway, or in the Cell Phone Waiting Lot.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.11 Rhode Island Public Transit Authority (RIPTA)

A.Permitted Activities. RIPTA Drivers are authorized to:

1.Drop off passengers on the Departures Roadway.

2.Drop off and/or pick up passengers in an area of the Commercial Curb designated by the Corporation.

3.Drop off and/or pick up passengers at the Interlink.

B.Prohibited Activities.

1.RIPTA Drivers are not authorized to drop off, pick up or wait for passengers in the Hourly Lot, on the Arrivals Roadway, or in the Cell Phone Waiting Lot.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.12 Hotel Shuttles

A.This section applies to Hotel Shuttles and Hotel Shuttle Drivers.

B.Permitted activities. Hotel Shuttle Drivers are authorized to:

1.Drop off passengers on the Departures Roadway:

2.Pick up passengers in an area of the Commercial Curb designated by the Corporation: and

3.Drop off and/or pick up passengers in an area designated by the Corporation at the Interlink.

C.Prohibited activities. Hotel Shuttle Drivers are not authorized to:

1.Drop off, pick up or wait for passengers on the Arrivals Roadway, in the Hourly Lot or in the Cell Phone Waiting Lot, or

2.Transport passengers for purposes other than those contemplated in § 2.4(A)(17) of this Part absent a separate authorization by the Corporation.

D.Authorized User.

1.All Hotel Shuttles must be an Authorized User.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.13 Off-Airport Parking Shuttles

A.Permitted activities. Off-Airport Parking Shuttles Drivers are authorized to:

1.Drop off passengers on the Departures Roadway;

2.Pick up passengers in an area of the Commercial Curb designated by the Corporation; and

3.Drop off and/or pick up passengers in an area designated by the Corporation at the Interlink.

B.Prohibited Activities. Off-Airport Parking Shuttles Drivers are not authorized to:

1.Drop off, pick up or wait for passengers on the Arrivals Roadway, in the Hourly Lot or in the Cell Phone Waiting Lot.

2.Transport passengers for purposes other than those contemplated in § 2.4(A)(22) of this Part absent a separate authorization by the Corporation.

C.Authorized User.

1.All Off-Airport Shuttles must be an Authorized User.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2. 14 Other Vehicles for Hire

All Drivers of other Vehicles that are not governed by §§ 2.6 through 2.13 of this Part, above, must contact the Corporation prior to using the Airport for business-related purposes to determine the areas that are available for their use.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.15 Parking at the Airport

A.Public Parking. Parking at the Airport shall be limited to those parking lots and garages designated as public parking lots and garages by the Corporation.

B.Airport Circulator. No person shall park or stop a Vehicle of any type on the Airport Circulator except in areas designated by the Corporation.

C.Unattended Vehicles. No person shall leave a Vehicle unattended anywhere on the Airport Circulator. Unattended Vehicles on the Airport Circulator shall be subject to citation and towing at the owners' expense.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.16 Deliveries

A.Location of Deliveries All deliveries to the Airport terminal shall be made at the loading dock(s) designated by the Corporation.

B.Airport Circulator. No person making a delivery to the Airport shall use the Airport Circulator.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2. 17 Commercial Curb

A.Authorization Required. No person shall use the Commercial Curb unless such person is specifically authorized to do so by the Corporation. Use of the Commercial Curb is subject to such terms and conditions, including without limitation, applicable access fees, as the Corporation shall determine

B.Time Limit. Except by consent of the Corporation, no person shall stop and/or park at the Commercial Curb for a period in excess of fifteen (15) minutes.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2. 18 Rental Car Companies

All Rental Car companies must be an Authorized User.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.19 General Provisions

A.No Discrimination. No person who uses the Airport or operates at or in the Airport shall exclude any person from its operations on the grounds of race, color, sex or national origin or otherwise subject any person to discrimination. Every person shall use the Airport in compliance with all other requirements imposed by or pursuant to 49 C.F.R. Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964.

B.Airport Rules and Regulations. The use of the Airport shall be subject to these rules and regulations, any other rules and regulations promulgated or adopted by the Corporation, any and all directives of the Corporation as are now in effect or may hereafter be prescribed by the Corporation through the lawful exercise of its powers, as well as all applicable local, state, and federal law.

C.Access and Use Fees. The Corporation shall have the right, from time to time, to establish, impose, collect, and audit fees and other charges for access to and/or use of any airport facilities, including without limitation, the Airport Circulator, the Interlink, and the Airport Terminal. In order to protect and preserve the orderly flow of traffic for the public at the Airport, the Corporation shall have the right and obligation to issue citations and tow, at the owner's expense, any motor vehicle(s) that are improperly parked, unattended, or otherwise in violation of these rules and regulations.

D.Cooperation. All persons using the Airport and/or the Interlink shall cooperate with and assist the Corporation in complying with or responding to the Federal Aviation Administration and all other local, state, and federal governmental authorities in all matters relating to the operation of the Airport.

E.No Interference. No person shall interfere with the radio communications, instrument landing systems, navigational aids, or flight operations of the Airport.

F.No Right-of-Entry. Nothing contained in these rules and regulations shall be construed to confer upon any person the right to enter upon the Airport.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.20 Enforcement and Penalties

A.Enforcement. These rules and regulations may be enforced by the Corporation or its agents, or by any duly authorized local, state, or federal law enforcement agency.

B.Penalties. Any person who violates these rules and regulations shall receive a written citation and incur the penalties and fines under the jurisdiction of the Rhode Island Traffic Tribunal pursuant to R.I. Gen. Laws § 8-8.2-1, et seq.

C.Repeated Violations. Any Person who repeatedly violates these rules and regulations shall be subject to such penalties as may be imposed and administered by the Rhode Island Traffic Tribunal. All fines imposed by this section shall be administered by the Rhode Island Traffic Tribunal pursuant to R.I. Gen. Laws §§ 8-8.2-2 and 8-8.2-3.

D.Additional Penalties. In addition to the penalties imposed by the Rhode Island Traffic Tribunal, any person who violates these rules and regulations shall be subject to any and all civil and/or criminal penalties imposed by applicable local, state, or federal law, including without limitation, immediate towing of the violator's motor vehicle at his or her expense.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.21 Anti-Idling

The unnecessary idling of the engine of a diesel motor vehicle while said vehicle is stopped for more than five (5) consecutive minutes in any sixty (60) minute period is prohibited in accordance with R.I. Gen. Laws §§ 23-23-29.1 et seq., 31-16.1-1, et seq., and the Rhode Island air pollution control regulations, 250-RICR-120-05-45.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2. 22 Waiver

A.RIAC may, for good cause shown, waive any provision or requirement of the within Regulations, not specifically required by other applicable law, when RIAC determines, after consideration of the facts involved, strict compliance with said provision or requirement would not serve to protect the public safety and convenience, and would either result in undue hardship or failure to accommodate an overriding community, regional, state or national interest.

B.A request for a Waiver must be submitted in writing to the President and CEO of the Corporation fourteen (14) days in advance of the date any approval is required. Any waiver granted by the President and CEO of the Rhode Island Airport Corporation will be in writing.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.23 Severability

If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of these rules and regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-2 § 2.24 Effective Date

The foregoing regulation, as amended, after due notice, is hereby adopted and filed with the Secretary of State this 12th day of May, 2014 to become effective twenty (20) days thereafter, in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, as amended. Kelly J. Fredericks, P.E., A.A.E. President and CEO Rhode Island Airport Corporation Notice Given on: January 29, 2014 Filing Date: May 12, 2014 Effective Date: June 2, 2014.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-06-02 to 01/04/2022
• Amendment — effective from 2014-06-02 to 06/02/2014
• Amendment — effective from 2006-09-11 to 06/02/2014
• Amendment — effective from 2002-03-14 to 09/11/2006
• Periodic Refile — effective from 2002-01-02 to 03/14/2002

800-RICR-10-00-3 Air Quality Monitoring Work Plan

800-RICR-10-00-3 § 3.1 Introduction

A.The Rhode Island Airport Corporation (RIAC) operates and maintains a long-term air quality monitoring program in the vicinity of T.F. Green Airport in Warwick as required by R.I. Gen. Laws § 1-7-1 et seq., The Permanent Air Quality Monitoring Act (“the Act”). In accordance with the Act, any amendments to the Final Work Plan may be proposed by RIAC in consultation with the Rhode Island Departments of Environmental Management (“RIDEM”) and Health (“RIDOH”) on or before March 30, 2009, and every March 30th thereafter. RIAC has instituted the amendments included in the Final Work Plan (2009). RIAC has developed the amendments included in this Proposed Amendments to the Air Quality Monitoring Work Plan for T.F. Green Airport in consultation with RIDEM and RIDOH. The purpose of the amendment to the previous plan is to adjust the monitoring program to address the suitability of the monitoring devices and adaptations indicated by the data collected since 2008. There have been no changes to state and/or federal regulations that warrant adjustments to the program and there are no new monitoring technologies, methodologies or criteria changes proposed in this work plan.

B.The following components of the program are addressed:

1.Monitoring Parameters;

2.Number, Type, and Location of the Monitors;

3.Monitoring Criteria;

4.Quality Assurance Procedures;

5.Agency Coordination; and

6.Funding

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-11-11 to 01/04/2022
• Amendment — effective from 2018-12-10 to 11/11/2019
• Technical Revision — effective from 2015-05-20 to 12/10/2018 Click here to view previous versions of this Part.

800-RICR-10-00-3 § 3.2 Monitoring Parameters

A.The air quality monitoring program meets the requirements set forth in the Act. The program shall provide for the monitoring of Particulate Matter (PM), including only “ultra-fine” PM of those less than 0.1 microns in diameter (PM0.1) and black carbon (i.e. elemental) carbon.

B.Wind direction and wind speed and other meteorological parameters will also be acquired from the airport National Weather Service station and recorded by RIAC.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-11-11 to 01/04/2022
• Amendment — effective from 2018-12-10 to 11/11/2019
• Technical Revision — effective from 2015-05-20 to 12/10/2018 Click here to view previous versions of this Part.

800-RICR-10-00-3 § 3.3 Number, Type and Location of the Monitors

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-11-11 to 01/04/2022
• Amendment — effective from 2018-12-10 to 11/11/2019
• Technical Revision — effective from 2015-05-20 to 12/10/2018 Click here to view previous versions of this Part.

800-RICR-10-00-3 § 3.4 Monitoring Methods

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-11-11 to 01/04/2022
• Amendment — effective from 2018-12-10 to 11/11/2019
• Technical Revision — effective from 2015-05-20 to 12/10/2018 Click here to view previous versions of this Part.

800-RICR-10-00-3 § 3.5 Monitoring Criteria

For the purpose of this Work Plan the term “monitoring criteria” means the standards or “benchmarks” against which the monitoring data can be compared. There are no NAAQS for Ultra-fine particulates and black carbon.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-11-11 to 01/04/2022
• Amendment — effective from 2018-12-10 to 11/11/2019
• Technical Revision — effective from 2015-05-20 to 12/10/2018 Click here to view previous versions of this Part.

800-RICR-10-00-3 § 3.6 Quality Assurance Criteria

A.As discussed previously in § 3.4 of this Part (Monitoring Methods), sampling and measurements will be accomplished using methods and equipment that are specifically designed for each type of pollutant, the expected range of ambient concentrations and the applicable time periods.

B.The real-time measurements comprise the PM0.1 (water-based particle counters) and black carbon (aethalometers).

C.Quality assurance will be achieved in the field by visiting each monitoring station on an average of once a month to check on the operation of the continuous instruments, and the shelters in which they are housed. Site visits will be documented.

D.Other conditions related to Quality Assurance Procedures include the statistical methods for determining the precision and accuracy of the collected data. RIAC intends to work with RIDOH and RIDEM to revise and refine the Quality Assurance Project Plan (QAPP) developed specifically for this monitoring program.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-11-11 to 01/04/2022
• Amendment — effective from 2018-12-10 to 11/11/2019
• Technical Revision — effective from 2015-05-20 to 12/10/2018 Click here to view previous versions of this Part.

800-RICR-10-00-3 § 3.7 Agency Coordination

In accordance with the Act, RIDEM and RIDOH have reviewed and commented on this Amendment to the Air Quality Monitoring Work Plan for T.F. Green Airport. As part of this consultation process, it is expected that these agencies will continually provide RIAC with peer consultation review, scientific knowledge and specialized expertise as necessary and relevant to this air quality monitoring program. It is also RIAC’s intent to coordinate with RIDEM/RIDOH on a regular (but unscheduled) basis in furtherance of the air monitoring program and whenever the need arises.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-11-11 to 01/04/2022
• Amendment — effective from 2018-12-10 to 11/11/2019
• Technical Revision — effective from 2015-05-20 to 12/10/2018 Click here to view previous versions of this Part.

Chapter 20 Advertising and Expressive Activity

Subchapter 00

800-RICR-20-00-1 Advertising Standards for the Rhode Island Airport Corporation

800-RICR-20-00-1 § 1.1 Advertising Standards

A.The following Standards shall apply to all licenses for the installation, display and maintenance of advertising on properties and facilities operated by the Rhode Island Airport Corporation ("RIAC") executed on or after April 10, 2002.

B.All advertising displayed at T.F. Green Airport, Block Island State Airport, Newport State Airport, North Central State Airport, Quonset State Airport and Westerly State Airport (collectively, ''the Airports") shall comply with the following standards:

1.Permitted Subject Matter. The subject matter of the advertisement shall be limited to speech which is within one or more of the following permissible areas:

a.proposes a commercial transaction;

b.proposes the patronage of a commercial business;

c.promotes a particular industry;

d.promotes tourism; or

e.promotes economic development.

2.Limitations Upon Advertisements. The licensee shall not display or maintain any advertisement that falls within one or more of the following categories:

a.The advertisement or information contained in it is false, misleading or deceptive.

b.The advertisement or information contained in it promotes unlawful or illegal goods, services or activities.

c.The advertisement or information contained in it implies or declares an endorsement by the RIAC of any service, product or point of view without prior written authorization of the RIAC.

d.The advertisement contains obscene material. For purposes of this provision, the term "obscene" shall have the meaning contained in R.I. Gen. Laws § 11-31-1, as such provision may be amended, modified or supplemented from time to time.

e.The advertisement contains an image or description, which, if sold or loaned to a minor for monetary consideration with knowledge of its character and content, would give rise to a violation of R.I. Gen. Laws § 11-31-10, as such provision may be amended, modified or supplemented from time to time.

f.The advertisement contains an image or description which, if displayed in a transportation facility with knowledge of its character and content, would give rise to a violation of R.I. Gen. Laws § 9-1-28.1, as such provision may be amended, modified or supplemented from time to time.

g.The advertisement, or any information contained in it, is libelous.

h.The advertisement promotes the consumption of alcohol, tobacco or tobacco-related products.

i.The advertisement contains an image of a person, who appears to be a minor, in sexually suggestive dress, pose, or context.

j.The advertisement contains images or information that demean an individual or group of individuals on account of race, color, religion, national origin, ancestry, gender, age, disability or sexual orientation.

k.The advertisement contains images or information that are so violent, frightening, or otherwise disturbing as to be harmful to minors.

l.The advertisement promotes an escort service, dating service, or sexually orientated business.

3.Review of Advertisements. RIAC advertising contractors shall forward to RIAC each advertisement submitted for installation, display and maintenance on RIAC properties and facilities to determine whether the advertisement falls within, or may fall within, one or more of the categories set forth in § 1.1(B)(1) of this Part. If a RIAC determines that an advertisement falls within or may fall within one or more of the categories set forth in § 1.1(B)(2) of this Part:

a.RIAC shall advise the advertising contractor of its determination.

b.The advertising contractor may, in consultation with the RIAC's Director of Property Management or his/her designee, discuss with the advertiser one or more revisions to the advertisement, in order to bring the advertisement into conformity with the Standards. The advertiser shall then have the option of submitting a revised advertisement for review in accordance with these procedures.

c.In the event that the advertising contractor and the advertiser do not reach agreement with regard to a revision of the advertisement, or in the event that the advertising contractor determines that no appropriate revision would bring the advertisement into conformity with the Standards, the advertiser may request that the advertising contractor obtain a formal determination from the RIAC Director of Property Management or his/her designee. In reaching a formal determination, the RIAC Director of Property Management or his/her designee may consider any materials submitted by the advertiser, and may consult with the advertising contractor, or with the RIAC General Counsel, the Executive Director, the Chairman of the Board, or their respective designees.

d.The RIAC Director of Property Management or his/her designee shall promptly provide the advertising contractor with a written notice of the formal determination, and the advertising contractor shall relay the formal determination to the advertiser. RIAC's formal determination shall be final.

4.Unsold Space. Any advertising space not sold or traded for value may be used by RIAC for displays promoting use of the Airport and/or economic development in the State of Rhode Island.

5.Severability. The provisions of these Advertising Standards are severable, and if any provision thereof shall be held invalid in any circumstances, such invalidity shall not affect any other provisions or circumstances. These Advertising Standards shall be construed in all respects so as to meet all constitutional and other legal requirements.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-05-23 to 01/04/2022
• Adoption — effective from 2002-05-23 to 05/23/2002

800-RICR-20-00-2 Expressive Activity Regulations

800-RICR-20-00-2 § 2.1 Definitions

A.For the purpose of these regulations, the following terms have the following definitions:

1."Speaker" means an individual engaged in expressive activity (which term is defined in more detail at § 2.1(A)(3) of this Part below).

2.''Passers-by'' means one or more individuals who, with respect to a particular speaker,

a.Does/do not personally know the speaker;

b.Has/have not given prior consent to engage in a conversation with the speaker;

c.Does/do not wish to engage in a conversation with the speaker; or

d.Is/are not personally known by the speaker.

3.''Expressive activity'' refers to the following:

a.Continuous display of a sign to passers-by;

b.Continuous distribution of literature to passers-by;

c.Continuous speech addressed to passers-by; or

d.Solicitation of passers-by on behalf of any organization or business.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-11-23 to 01/04/2022
• Technical Revision — effective from 2006-11-23 to 11/23/2006
• Amendment — effective from 2006-11-23 to 11/23/2006
• Adoption — effective from 2002-05-23 to 11/23/2006

800-RICR-20-00-2 § 2.2 Expressive Activity Procedure

A.Expressive activity is prohibited in the Airports except that such activity is permitted either:

1.pursuant to a vendor lease agreement entered into with RIAC, or

2.in the areas set forth in the diagrams attached hereto and referred to in § 2.2(F) of this Part below, subject to the regulations set forth herein.

3.For the purpose of these regulations, all times specified in "days" will refer to business days and not include weekends or State holidays. If a deadline is set to occur within a certain number of “days," the event will take place before 4:00 p.m. on the last day referred to. For example, if an act is to occur on or before ''two days" from a Friday, it will take place at or before 4:00 p.m. on the following Tuesday, provided that neither the Monday or Tuesday following the Friday in question are a State holiday.

B.No person, while engaged in expressive activity, shall:

1.Carry on any commercial activity;

2.Distribute food, flowers, or any other product;

3.Place any chair, table, or other structure on the floor, except as specifically provided herein;

4.Affix any sign, placard or other material to any part of the Airports;

5.Leave leaflets or other material unattended at any place in the Airports;

6.Make any sound that interferes with the ability of persons to hear any announcement made over the public address system of the Airports, or by a police officer, or by an employee of the Airports.

7.Misrepresent through words, signs, leaflets, attire or otherwise such person's affiliation with or support by any organization, group, entity or cause, including any affiliation with or support by the Rhode Island Airport Corporation ("RIAC");

8.Make any sound in excess of 86 dBA on the A weighted scale measured at 5 feet from the source of the sound in any interior space;

9.Carry a sign or placard attached to a rod or stick in any interior space, or plaza areas;

10.Engage in the solicitation of funds for immediate receipt in any interior space;

11.Touch any other person without his or her consent;

12.Litter, leave refuse, or create any unsafe or unsanitary condition;

13.Enter or remain in any space when such space is not open to the general public;

14.Enter or remain in any space at, adjacent to, or within ten feet of, any of the following: Turnstile; ticket vending machines; doorway; entrance or exit, elevator; escalator or stairway or landing thereof; telephone; dining area; sales or service counter, kiosk or booth; building lobby or hallway; bench or seating area; line of persons waiting for service (such as a line at a kiosk or automatic teller machine), curbside check-in or taxi pick-up and drop-off area, restroom, designated patron waiting area, patron queue, and bus gate. The ten-foot restriction does not apply to any space within an area specifically designated as a place where expressive activity may occur;

15.Unreasonably interfere in any way with the pedestrian or vehicular traffic flow, the formation or progress of any line of persons waiting for service, such as a line at a telephone, vending or information kiosk, bus or bus stop or gate, taxi loading area, or automatic teller machine, or any construction or maintenance activity.

C.The Executive Director of RIAC, or in his or her absence, the person designated to act in his or her stead for general management purposes, may prohibit expressive activity on RIAC property which would otherwise be permitted in the event of: and during the pendency of, an emergency condition such as a snowstorm, fire, accident, power failure, transportation carrier schedule interruption, or other condition of such nature and character that the conduct of permitted activities would cause a danger to persons or property during the pendency of such emergency condition.

D.Persons shall conduct expressive activities in the designated areas of the Airports only pursuant to a permit obtained pursuant to § 2.2(E) of this Part, for use of one or more of the areas designated on the attached schedule and diagrams of the Airports, when those areas are not occupied by construction or maintenance activity affecting a permanent structure, subject to the number restrictions set forth on such schedule. Tables measuring no more than 60" by 30" are permitted in the designated area.

E.Permit application shall be made, and acted upon, as set forth below:

1.A permit application shall be submitted in writing no later than two (2) days preceding the commencement of the activities for which the permit is sought, and no earlier than seven (7) days preceding the commencement of the activity for which the permit is sought.

2.Permit application shall be submitted in person to the Executive Director of RIAC, or the designee thereof, during the hours of 9 to 10:30 A.M. and 1:30 to 3:30 P.M., Monday-Friday, excluding holidays.

3.The permit application shall set forth the type, time, location and duration of activities to be conducted, the name, address and telephone number of the person making the request (in the case of a group, it shall be sufficient to supply the name, address, and telephone number of the person who can be contacted if problems arise concerning the granting of the request). If a person making the application indicates an affiliation with an organization or group, the name, address of a local representative of the group or organization to act as a liaison will be requested; however, refusal to provide such information shall not be grounds for denial of a permit.

4.Each permit shall be valid for a period of time specified by the applicant, not exceeding fourteen (14) days pursuant to a single application.

5.Renewal applications shall be made in the same form used for new applications, and shall be processed as if they were new applications. All locations will be assigned on a first-come, first served basis, without regard to renewal status. The use of space previously used pursuant to a permit is not guaranteed by acceptance of a renewal application.

6.Permits will be granted on a first-come, first serve basis. An application will be denied only if the area requested is unavailable, the application is incomplete, or the application discloses that the activities to be performed thereunder will violate these rules.

7.A permit will be issued, or the application denied, by the Executive Director of RIAC, or a designee thereof, no more than twenty-four (24) hours after submission of the application. The reason for the denial of an application shall be set forth in writing.

8Upon the denial of any application for the permit, or the failure to issue a permit twenty­four (24) hours after submission of an application, a person may submit a written appeal to the Executive Director of RIAC, or a designee thereof, setting forth the reasons why the request should not have been denied. An appeal shall be submitted in person to the Executive Director, or a designee thereof, during the hours of 8:00 A.M. to 5:00 PM., Monday-Friday, excluding holidays. The Administrator, or the designee thereof, shall cause the appeal to be delivered to the RIAC Executive Director, or a designee thereof.

9.A written decision denying the appeal, or issuing a permit shall be made not more than twenty-four (24) hours after the appeal is submitted. If no decision is issued twenty­four (24) hours after the appeal is submitted, the appeal shall be deemed to be denied on the basis of the original decision denying the request.

10.Any person whose application for a permit has been denied may seek review of such denial in a proceeding commenced pursuant to R.I. Gen. Laws § 42-35-15.

11.Upon the issuance of any permit, a badge indicating the area and time period in which the activity will take place will be issued for each area. Such a badge must be worn on the upper left breast of the outermost garment and be clearly visible at all times during which the area is used. A person who obtains permission to use an area or areas on behalf of a group may obtain the badges for the members of the group for use by such persons actually engaged in expressive activity; however, the number of badges issued will not exceed the maximum number of persons who may engage in expressive activity at one time in the area or areas.

12.Each time a person or group ceases use of a designated area for expressive activity, such action shall be reported to the Executive Director of RIAC or a designee thereof, and the badge or badges described above must be returned so the availability of the area for use by another may be recorded.

F.Expressive activity shall be permitted at the Airports only in the specific areas designated in the attached diagrams.

G.The provisions of these regulations are severable, and if any provision thereof shall be held invalid in any circumstances, such invalidity shall not affect any other provisions or circumstances. These regulations shall be construed in all respects so as to meet all constitutional requirements.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-11-23 to 01/04/2022
• Technical Revision — effective from 2006-11-23 to 11/23/2006
• Amendment — effective from 2006-11-23 to 11/23/2006
• Adoption — effective from 2002-05-23 to 11/23/2006

800-RICR-20-00-2 § 2.3 Expressive Activity Locations

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-11-23 to 01/04/2022
• Technical Revision — effective from 2006-11-23 to 11/23/2006
• Amendment — effective from 2006-11-23 to 11/23/2006
• Adoption — effective from 2002-05-23 to 11/23/2006