Exhibit B - Airport Rules and Regulations.docx

1.0 Applicability

These Airport Rules and Regulations have been adopted and approved by the City of Long Beach. The following Rules and Regulations shall apply within the boundaries of the Long Beach Airport.

1.1 Violation of Rules

Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of these Rules and Regulations or any lawful order issued pursuant thereto may be fined, denied use of the Airport, or both, by the Airport Manager or his representative, in addition to the penalties prescribed by any federal, state or local authorities.

1.2 Severability

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of these Rules and Regulations or any part thereof, is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or effectiveness of the remaining portions of these Rules and Regulations.

If the application of any provision or provisions of these Rules and Regulations to any building, sign or other structure, or parcel of land is found to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the property or situation immediately involved in the controversy, and the application of any such provision to other properties and situations shall not be affected.

1.3 Interpretation

In the event that an interpretation of any provision of these Rules and Regulations is required, the Airport Manager shall render such interpretation, and his/her determination shall be considered as final authority on the matter.

2.0 General

This section establishes certain conditions relating to the use of Airport facilities, including the conditions, limitations and restrictions on commercial activities and personal conduct and behavior applicable to all persons.

Written operating procedures issued by the Airport Manager may be considered as addenda to these Rules and Regulations, and hereby incorporated as part of these Rules and Regulations as though fully set forth herein.

2.1 Emergencies

When an emergency affecting the health, welfare and/or safety of persons and/or property exists at the Airport, the Airport Manager shall be empowered to take any action which, in

EXHIBIT B

AIRPORT RULES & REGULATIONS

RFP AP-26-725 Rubber & Paint Removal on Airfield Pavements Exhibit B - Page 1 of 25 his discretion and judgement, is necessary or desirable to protect persons and property and to facilitate the operation of the Airport.

During an emergency the Airport Manager may suspend these Rules and Regulations, or any part thereof; and may in addition, issue such orders, rules and regulations as may be necessary including, but not limited to (1) restricting airfield access (2) closing operational surfaces, etc.

2.2 Use of Airport Roadways and Walkways

No person shall travel on any portion of the Airport except upon the roadways, walkways or places provided for the particular class of traffic; nor occupy the roadways or walkways in an unsafe manner, or in such a manner as to hinder or obstruct their proper use. All persons shall abide by all posted speed and other limitations.

2.3 Personal Conduct

No person shall enter or remain on Airport property, do or omit to do any act, if the doing or omission thereof endangers unreasonably or is likely to endanger unreasonably, persons or property.

2.4 Commercial Activity

No person shall enter or remain on Airport property exclusive of leaseholds and buy, sell, peddle, or offer for sale or purchase any goods, merchandise, property or perform services (including surveys) of any kind whatsoever, on or from Airport property, without the express written consent of the Airport Manager.

LBMC Title 16, Chapter 16.44.040

2.5 Firearms

No person except authorized peace officers, post office and customs employees, members of the armed forces of the United States on official duty, or other properly authorized persons shall carry firearms or explosives at the Airport without permission as stated in Federal Aviation Regulations 1542 and 1544.

2.6 Advertisements

No person shall post, distribute, or display signs, circulars, printed or written matter of an advertising nature at the Airport, without the express written consent of the Airport Manager and in such manner as the manager may prescribe.

2.7 Lost and Found Articles

Any person finding lost articles at the Airport shall deposit them with the Security Office. Articles unclaimed by the owner after 30 days will be turned over to the finder thereof, unless found by Airport Bureau employees, in which case items will be turned over to LBPD for auction sale or donated to charity.

2.8 Litter and Refuse

No person shall place; discharge or deposit in any manner, paper, trash, rubbish or other refuse anywhere on the Airport, except in receptacles and other places prescribed by the Airport Manager.

All litter and refuse must be covered when transported in vehicles, and all receptacles for same must have covers and ensure against leaking, dripping, sifting or otherwise escaping of said materials.

Each tenant shall provide sufficient trash receptacles for their leaseholds.

Any unauthorized deposit of garbage, debris or refuse shall be cleaned up, or removed immediately by the depositor.

2.9 Tenant Conduct Regarding Unauthorized Activities

No tenant, tenant employee, or any other employee authorized to perform any function on the Airport shall in any way assist any person to engage in any activity on the Airport which is not authorized by the Airport Manager.

2.10 Tenant Construction Requirements

No on or off-leasehold tenant construction or exterior signage may commence without the prior written consent of the Airport Manager and the City. All Airfield Construction Permit provisions must be met at all times if applicable.

All tenant construction must receive prior written consent from the Airport Manager and conform to the requirements as contained in the tenant's City of Long Beach Lease Agreement.

Tenants shall obtain an Airfield Construction Permit and pay the cost of any off-site improvements, including strengthening or construction of taxiways and taxilanes when such improvements are exclusively beneficial to the tenant.

Tenants shall also repair at their cost and expense any off-site damage, including damage to any runway, taxiway, or taxilane resulting from the tenants' use of the premises. Any such repair or construction shall be done in consultation with the Airport Manager after receiving written consent from the Airport Manager for such construction.

2.11 Damage to Airport Property

No person shall destroy or cause to be destroyed, injure, damage, deface, or disturb Airport property.

2.12 Abandoned Personal Property

No person shall abandon any personal property on public areas of the Airport. The registered owner of any abandoned aircraft or vehicle shall be held liable. Abandoned aircraft, vehicles or equipment shall be removed at the owner’s expense, inclusive of storage fees incurred.

2.13 Smoking

No person shall smoke or carry lighted cigars, cigarettes, pipes, matches or any naked flames in or upon any fuel storage area, within 50 ft. of active fueling areas, aircraft movement areas, passenger or cargo ramp and apron areas, aircraft parking areas, or any open deck, gallery or balcony contiguous to and overlooking any such area, or in any other place where smoking is specifically prohibited by signs.

LBMC Chapter 8.68.010

3.0 Aircraft Operations

This section covers restrictions on aircraft operational procedures and other activities in the Air Operations Areas (AOA) of the Airport.

3.1 Operation of Aircraft

All persons shall operate, service, maintain, and repair aircraft in conformity with rules and regulations as set forth by the Federal Aviation Administration and State Aeronautics Board. No person shall work on or park an aircraft on or adjacent to any active taxiways or runways without prior approval from Airport Operations/Security.

All parked aircraft shall be within the boundary lines of the tenant’s leasehold.

During the hours that the control tower is closed (23:45-06:15 local), all aircraft shall broadcast on Common Traffic Advisory Frequency (CTAF) their intentions, identifying number, and location.

Aircraft shall not land/take off on runways designated as closed either by NOTAM or Noise Abatement ordinance.

3.2 Aircraft Incident/Accident Reporting

The pilot or operator of any aircraft involved in an incident or accident causing personal injury or property damage shall, in addition to all other reports required to be made to other agencies, make a prompt and complete report concerning said incident or accident to the Airport Manager.

3.3 Disabled Aircraft

Any owner, lessee, operator or other person having the control, or the right of control of any disabled aircraft on the Airport shall be responsible for the prompt removal and disposal thereof, and any or all parts thereof, subject, however, to any requirements or direction by the National Transportation Safety Board, the Federal Aviation Administration, or the Airport Manager that such removal or disposal be delayed pending an investigation of accident.

Any aircraft determined by the Airport Manager to be wrecked or in derelict condition shall be placed inside a hangar or screened fence, or removed from the Airport.

Any owner, lessee, operator or other person having control, or the right of control, of any aircraft does, by use of the Airport, agree and consent, notwithstanding any provision in any agreement, lease, permit or other instrument to the contrary, that the Airport Manager may take any and all necessary action to effect the prompt removal or disposal of disabled aircraft that obstructs any part of the Airport; that any costs incurred by or on behalf of the Airport for any such removal or disposal of any aircraft shall be paid to the removal company; that any claim for compensation against the City of Long Beach and any of their officials, agents or employees, for any and all loss or damage sustained to any such disabled aircraft, or any part thereof, by reason of any such removal or disposal is waived, and that the owner, lessee, operator or other person having control, or the right of control, of said aircraft shall indemnify, hold harmless and defend the City, the Airport Bureau, and all of their officers, agents and employees, against any and all liability for injury to or the death of any person, or for any injury to any property arising out of such removal or disposal of said aircraft.

No disabled aircraft may be left unattended or abandoned on any active Airport area.

3.4 Airfield Control

The Airport Manager shall have the right at any time to close the Air Operations Area or any portion thereof to air traffic, to delay or restrict any flight or other aircraft operation, to refuse takeoff permission to aircraft, and to deny the use of the Airport or any portion thereof to any specified class of aircraft or to any individual or group, when he considers any such action to be necessary and desirable to avoid endangering persons or property and to be consistent with the safe and proper operation of the Airport.

If the Airport Manager determines the condition of the Air Operations Area or any part thereof to be unsafe for landings or takeoffs, he shall issue a Notice to Airmen (NOTAM) closing the Air Operations Area or any part thereof.

In the event of an aircraft accident or incident on Airport property, access to the accident scene shall be controlled by the Airport Manager.

3.5 Maintenance Run-ups

All maintenance run-ups of aircraft engines shall be performed in the run-up areas and on leased premises designated for such purposes by the Airport Manager. Maintenance run-ups are permitted during the hours specified in the Airport Noise Control Ordinance. Aircraft engines shall not be operated during refueling or defueling operation or during a fuel spill unless otherwise approved by the Long Beach Fire Department and the Airport Manager.

3.6 Taxiing or Moving Aircraft on Operational Areas

No aircraft shall be taxied, towed, or otherwise moved on the Airport in a careless or negligent manner or at a speed or in a manner that would unreasonably endanger persons or property.

No aircraft may be taxied or towed on a taxiway, runway or other movement area without appropriate clearance from the Control Tower.

Aircraft with inoperative radios shall be escorted in movement areas by a vehicle in radio contact with the Control Tower.

An arriving aircraft with inoperative radios may be controlled by light signals from the Control Tower. A departing aircraft with inoperative radios must receive prior permission from the Control Tower to receive light signals, or shall be escorted by a vehicle in radio contact with the Control Tower.

Except where taxilane and perimeter road are co-located, no aircraft shall be taxied, towed, or otherwise moved on the perimeter road unless prior approval is obtained from the Airport Manager.

3.7 Power-Back Operations

Power-back operations are not permitted on the air carrier ramp without prior approval of Airport Manager.

3.8 Touch-and-Go Training Hours

Touch-and-go training is allowed under the conditions prescribed in the Airport Noise Compatibility Ordinance.

LBMC Chapter 16.43.06

3.9 Use of Unsafe Areas

No aircraft shall use any part of the airfield, apron, ramp, taxiways, runways or other areas designated as unavailable or unsafe.

3.10 Terminal, Ramp and Gate Restrictions

Aircraft operators shall not use Terminal ramp/gate facilities without prior permission from the Airport Manager.

3.11 Air Carrier, Charter Passenger Enplaning and Deplaning

All aircraft shall be loaded or unloaded, passengers enplaned or deplaned, in areas designated by the Airport Manager.

All passengers shall be channeled through designated routes to and from the terminal buildings.

There shall be no enplaning or deplaning of passengers when aircraft engines are operating on the same side of the aircraft from which passengers are enplaning or deplaning

3.12 Aircraft Operations

Aircraft are authorized to land and takeoff only from the designated operational areas of the Airport.

A qualified pilot or mechanic must be in the cockpit and at the controls of the aircraft when an aircraft engine is operating.

Operating aircraft engines inside a hangar is prohibited.

No aircraft may land or takeoff from the Airport unless it is equipped with a functioning two-way radio on a frequency to maintain communications with the Control Tower unless prior permission was received from the Federal Aviation Administration. In the event of an in-flight radio failure, an aircraft may land under direction of light signals from the Control Tower.

The aircraft’s rotating beacon shall be on when the engine is running.

Helicopters shall have braking devices or rotor mooring tiedowns applied to the rotor blades when securing the aircraft between flights.

Banner tow operators must receive approval from the Airport Manager prior to conducting banner tow operations at the Airport. Banner pick-up and drop shall be conducted only in areas designated by the Airport Manger.

Airship operators must receive prior approval to operate or moor at the Airport. Mooring sites are available by reservation through the Airport Safety office. All drivers of airship support vehicles must hold Airport driving permits, or be escorted when operating on the AOA.

3.13 Compliance

The Airport Manager shall have authority to deny the use of the Airport to any aircraft or pilot violating local, state or federal regulations.

4.0 Motor Vehicle Operations

This section specifies the general required operating procedures for all vehicles at the Long Beach Airport within the AOA.

4.1 Operation of Motor Vehicles

Unless authorized by the Airport Manager no motor vehicles shall be operated on the Airport premises except on roadways, parking areas, or other areas which are specifically designated for such vehicles.

All vehicles operated on the AOA shall display required identifying markings, placards and signage at all times.

Vehicles shall be parked only in the manner prescribed by the Airport Manager and as indicated by posted signs on the Airport premises.

No leasehold vehicles shall be parked off leasehold.

4.2 Vehicle Operating Rules

All employees are responsible for the equipment they are driving and may be personally cited for failure to comply with these Rules and Regulations and applicable vehicle codes. Under all conditions, aircraft shall have the right-of-way over all vehicles.

All vehicles shall yield the right-of-way to emergency equipment responding to an emergency.

Included are aircraft rescue and fire fighting equipment, other fire trucks, security vehicles, operations vehicles or vehicles displaying a red flashing beacon.

No vehicle may be driven onto the AOA without first obtaining permission from the Airport Manager.

Vehicles being driven onto the AOA shall be equipped for two-way radio communication with the FAA Control Tower and have a flashing beacon on top or be escorted by another vehicle so equipped.

Only vehicles, equipment, and personnel who have prior authorization by the Airport Manager may operate on runways, taxiways and movement areas, or cross runways and taxiways.

Under no circumstances shall any vehicle operate on or cross a runway, taxiway, or any movement area unless permission from the Tower is granted. Vehicles requiring an escort must be escorted by Airport Security, Operations, or authorized company vehicles, equipped with two-way radio, and in constant radio communication with the FAA Control Tower.

Fuel trucks shall NOT operate on taxiways or runways and shall NOT cross runways at any time unless authorized by the Airport Manager.

Motorcycles, bicycles and pedestrians are not authorized to travel the perimeter road or on the AOA.

Any accident involving an aircraft and vehicle shall be immediately reported to Airport Operations/Security.

For night operations, all headlights, taillights, and running or clearance lights on all vehicles shall be in proper working order. The vehicle driver shall be responsible for the proper operation of such lights. Rear shining spotlights or other similar lights shall be in the off position when driving on ramps or service roads.

Each vehicle shall enter the Airport by authorized means (i.e., padlock key or gate card key that is obtained from the leaseholder that controls that gate; or a card key or electronic opener that operates Airport controlled gates and are issued by Airport Security). Any other means of entry shall be deemed unauthorized.

Each individual having access to restricted areas is responsible to ensure that his/her operation does not result in debris being left in aircraft operation areas which might be the source of FOD damage.

The maximum number of baggage carts in a single train shall not exceed five (5) empty or four (4) full.

It is unlawful to load a vehicle, cart, or truck so as to create a hazard by allowing articles to fall off of the vehicle as it travels on service roads or ramp areas.

Vehicles must have an approved seat for each passenger.

4.3 Parking Time Limits and Tow-Away Zones

It is unlawful for any person to park or leave standing any vehicle, whether occupied or not, for a period in excess of such time limits as are designated by appropriate signs.

Vehicles parked in violation of these rules are subject to citation, fine, and/or towing at the owner’s expense.

4.4 Negligent Operation

No person shall operate any vehicle in a careless or negligent manner or in disregard for the safety of others.

Except for aircraft and authorized emergency vehicles, it is unlawful for any person to operate or drive any vehicle on the following areas of the Airport faster than the following speeds:

· The speed limit in all portions of the Airport or AOA authorized to public vehicular traffic is twenty-five (25) miles per hour unless otherwise posted.

· The speed limit on the ramp area is ten (10) miles per hour; five (5) miles per hour in the vicinity of aircraft.

· At all times, vehicle speed shall be no greater than is reasonable and prudent, consistent with existing traffic conditions, night lighting, and weather conditions.

· All vehicles shall be driven in a safe manner and stop at all stop signs.

4.5 Authorized Vehicles on the Air Operations Area

Access to and driving in the AOA is subject to prior approval by the Airport Manager.

4.6 Airport Driver Permit

No vehicle shall be operated on the AOA unless the following conditions are met:

· The driver is licensed to operate such vehicle as required by the Department of Motor Vehicles of the State of California.

· In addition, unless otherwise authorized by the Airport Manager, the driver must be licensed by the Airport to operate a vehicle on the AOA and be in possession of said driver permit.

· No person may operate any vehicle on the AOA prior to obtaining an Airport driver permit unless accompanied by a Long Beach Airport permitted driver for training purposes.

· The driver permit shall be valid until the expiration date listed on the employee's state driver license, and shall be renewed through the Airport Operations Office when the state driver license is renewed.

· The privilege to drive on active ramp areas and portions of the airport may be revoked if the driver receives more than three moving violations within one calendar year. If the violation is of a serious nature, driving privileges may be revoked as a result of one incident.

· If revoked, the driver permit may be reinstated by the joint approval of the Chief of Security, Airport Operations Officer and the company manager.

4.7 Driver Training and Testing

Every driver/applicant who operates a vehicle on the AOA of the Airport must be familiar with the pertinent provisions of the State of California Vehicle Code and, the traffic and licensing subsections of these Rules and Regulations. The driver must have been trained in the vehicle to be operated.

A minimum of eight supervised hours of practical driver training behind the wheel on the AOA is required prior to the testing of the applicant for issuance of the Airport Driver Permit.

Experience driving on other Airports may be substituted for some of the 8 hours. Note: Training should include driving on roadways, access lanes and ramp/apron areas. The applicant shall take and pass a written driving test prior to being issued a permit. The Airport Manager may require a practical demonstration of driving ability.

Individuals renewing their Airport Driver’s Permit are required to take and pass a written driving test.

4.8 Vehicle Identification

Each vehicle operated in or upon the AOA must display a Long Beach Airport decal attached to the left side of the bumper.

Each vehicle operating on the AOA shall have an approved logo or company name displayed on both sides of the vehicle. For vehicles having front doors, the identification shall be located on the front door panels. Magnetic or temporary identification panels are acceptable.

Identifying logos shall be large enough to be readily visible from a distance of 100 yards.

4.9 Escorted Driving on the Air Operations Area

Drivers without an Airport driver permit shall not drive on the AOA unless guided by an escort vehicle authorized by the Airport Manager.

Permission must be obtained from the Airport Security Office prior to escorting any vehicle onto the AOA when such vehicle does not have a current and valid Airport Motor Vehicle Operating Permit.

No more than two vehicles may be escorted at one time.

A vehicle not otherwise permitted, but temporarily authorized, to operate in the AOA may be required to display an orange and white checkered flag during daylight hours and yellow lights after sunset.

4.10 Vehicle and Equipment Condition

All equipment shall be operated in accordance with City and state laws, codes and these Airport Rules and Regulations.

Airport Operations, Security, and Fire Station 16, are authorized to inspect and declare unfit for use on Airport property, any vehicle or piece of equipment that does not comply with applicable rules and regulations, codes, and laws. Prior to declaring any vehicle or equipment unfit, the matter will be discussed with the appropriate manager/supervisor of the company involved.

Equipment not in use shall be parked in designated areas with the parking brake set, engine and lights off and transmission in park. In addition, cart tongues shall be placed in the upright position to engage the brakes. All equipment shall have brakes set and/or chocks in place.

No person shall work on or park a vehicle adjacent to or on any active taxiways or runways without prior approval from Airport Operations/Security.

Vehicles or equipment in a wrecked or inoperable condition shall not be parked on the Airport.

No disabled vehicle may be left unattended or abandoned on any active Airport area (except to seek assistance), unless parked in an authorized parking area.

4.11 Ramp and Apron Operations

Except for vehicles in the act of servicing aircraft, no vehicle may drive under any portion of an aircraft.

When driving by a parked aircraft, minimum clearance from any portion of the aircraft is twenty (20) feet.

A vehicle guide person is required any time the driver’s vision is limited or obscured due to obstructions, load, equipment, etc.

At no time shall a vehicle be driven within less than a safe distance appropriate to aircraft type from the intake or exhaust of a jet when the engines are running.

At no time during enplaning or deplaning of passengers shall a vehicle be driven between an aircraft and a loading gate.

When an aircraft’s engines are operating, ground personnel shall be present in a position to provide direction to other vehicles.

Vehicle operators shall follow signals/instructions of ground personnel.

Unless directed by ground personnel, no vehicle shall be driven behind an aircraft pushing back from a gate.

Equipment not required for aircraft servicing shall be removed from aircraft gates.

5.0 Fire and Safety

All fire and fire-related safety provisions of these Rules and Regulations, including provisions concerning hazardous materials, shall be in accordance with applicable sections of the Uniform Fire Code, and/or the National Fire Protection Association's Codes and Standards, and those of the Long Beach Fire Department.

5.1 Handling of Explosives

Class A explosives and explosives not acceptable for transportation under applicable Federal Regulations are not permitted on the Airport.

5.2 Handling Hazardous Materials

No person shall store, keep, handle, use, dispense, or transport at, in, or upon the Airport, any explosives, blasting agents, flammable liquids, combustible liquids, flammable solids, oxidizers, organic peroxides, corrosive materials, flammable gases, nonflammable gases, Class A or B Poisons, irritating materials (ORM A, B, C, D and E), or cryogenic liquids at such time or place or in such manner or condition as to endanger unreasonably or as to be likely to endanger unreasonably persons or property. For purposes of this hazardous class scheme, the U. S. Department of Transportation (DOT) definitions as contained in 49 CFR Parts 171-177 shall be utilized.

The following controls and procedures are required for handling hazardous materials:

· Hazardous materials shall be handled by designated personnel only.

· Applicable hazardous materials placards shall be posted.

· Procedures must be provided for storage and handling of the following: fuel, hydraulic fluid, oil, de-icing fluid, detergents, and solvents. The procedures shall contain at least the following:

· A list of the hazardous waste associated with the operation.

· Copies of Material Safety Data Sheets for each of the materials listed above.

· A list of personnel responsible for the handling of hazardous waste and their duties.

· Procedures for the storage of hazardous waste including maps indicating storage areas.

· A list of equipment and materials used in the handling of hazardous waste.

· Procedures for the containment, clean-up and disposal of hazardous waste.

· A list of the licensed hazardous waste haulers contracted with for the disposal.

5.3 Fire Extinguishers and Related Equipment

Fire extinguisher equipment and fire alarms at the Airport shall not be tampered with at any time, nor used for any purpose other than fire fighting or fire prevention. All such equipment shall be inspected in conformity with National Fire Protection Association Regulations. Tags showing the date of the last inspection shall be attached to each unit.

5.4 Reporting Fires

Any person observing any unattended or uncontrolled fire on Airport premises shall immediately report it directly to the Long Beach Fire Department at 9-1-1. No person shall make any regulation or order, written or verbal, that would require any person to take any unnecessary delaying action prior to reporting such fire to the Long Beach Fire Department.

5.5 Fueling Operations

The NFPA standards titled "Aircraft Fuel Servicing" #407, governing the operation of aircraft fueling and storage are hereby made part of these Airport Rules and Regulations.

No aircraft shall be fueled or have fuel drained from it while the aircraft engine is running, unless specifically authorized by the Airport Manager and Long Beach Fire Department. All such operations must conform to NFPA 407 standards governing such operations.

Smoking or lighting of an open flame is prohibited within fifty (50) feet of any fueling operation.

No fueling operations shall be conducted within fifty (50) feet of any building.

No person shall conduct fueling operations when lightning is visible in the vicinity of the Airport.

Aircraft fueling operators shall not leave the fueling unit unattended while it is pumping fuel into the aircraft.

An aircraft and fueling unit must be properly grounded and bonded prior to fueling operations to prevent the possibility of fire or explosion due to discharge of static electricity.

Fueling of aircraft parked on runways, taxiways or the perimeter road is prohibited.

When parked, refueling vehicles shall be positioned for immediate drive away or towing, and a clear space of not less than 10 feet shall be maintained between the vehicle and any other parked or moving vehicle.

All fueling on the Airport must be conducted by authorized fuel service providers, unless specifically authorized by the Airport Manager and the Long Beach Fire Department. Such authorization to conduct “self fueling” shall conform to the applicable standards in NFPA 407.

5.6 Dangerous Conditions Prohibited

The following acts are prohibited while fuel is being put into or removed from any aircraft:

· Start or operate any engine on the aircraft unless specifically authorized by the Long Beach Fire Department and the Airport Manager.

· Allow any fuel to overflow any fuel tanks or container.

· Use or move any material which might cause a discharge of static electricity within fifty

(50) feet of the aircraft.

5.7 Storage Approval Required

No person shall store gasoline or other flammable substances in an unsafe manner on the airport, above or under the surface of the ground.

5.8 Orderly Premises

Tenants and their employees are required to keep their premises clean and clear of rubbish, junk, debris, and unsightly objects. All tenants shall keep all floors and walls of the building or premises free and clear of oil, grease, or other flammable substances, and shall maintain and regularly empty suitable covered metal rubbish containers.

All trash, debris and rubbish shall be disposed of in an appropriate manner.

6.0 Airport Operating Permit or Landing Fee Agreement

Commercial aircraft activity at Long Beach Airport is subject to the following conditions and restrictions.

6.1 Commercial Use Permit

No person shall use the Airport for the carrying on or conduct of commercial aviation or the carrying of passengers, freight, express mail, or for student instruction, communications or any other commercial purpose without prior written approval from the Airport Manager, unless operating as a sub-tenant to an Airport leaseholder. Excepted from this requirement are instructional flights originating from another airport.

Not withstanding the above, any operator of regularly scheduled air carrier operations at the Airport must secure a written agreement with the Airport Manager prior to commencing regularly scheduled operations at the Airport.

7.0 Airport Security

The regulatory provisions of the Airport's Security Program are established by Municipal Codes, Administrative Orders of the Director, Department of Public Works, directives issued by the Airport Manager and provisions of Federal Aviation Regulations 14 CFR Parts 1542, 1544, and 139.

7.1 Designation of Airport Areas

Long Beach Airport is broadly divided into two security-related categories designated as Restricted Areas and the Security Identification Display Area.

Restricted Areas:

Restricted areas are those parts of the Airport so designated and posted by the Airport Manager under the authority of the F.A.A. No person shall enter any restricted area except those who are duly authorized by the Airport Manager. The AOA in its entirety is a Restricted Area.

SIDA:

The Security Identification Display Area (SIDA) is that portion of the terminal building and air carrier aircraft parking ramp subject to FAR 1542.207 access control requirements.

7.2 Security Requirements

All persons using the Airport are subject to the Security Program pursuant to Part 1542 of the Federal Aviation Regulations.

Air carrier tenants must have an approved security, safety and passenger handling program. Only personnel and vehicles, properly identified by the Airport are authorized access to the SIDA.

Leaseholders are responsible for ensuring the security of leasehold boundaries.

7.3 Restricted Area Entry/Exit Points

Leaseholders are responsible for any and all vehicles and their occupants, or pedestrians that gain entry onto the Airport through their gates.

All gates, including sliding doors in baggage claim area, shall be closed and re-locked immediately after use. Any gate or door observed open should be secured, or, if broken, reported to Airport Security.

7.4 Security Identification Display Area

Approved Airport Identification Badges must be worn at all times in the SIDA.

This requirement applies to law enforcement officers and all other persons who access the SIDA.

An escort is required for anyone not having a permanent Airport ID Badge.

The only exceptions to the Airport’s badge display requirement are flight crews in the vicinity of and while transiting to their aircraft, and FAA Aviation Safety Inspectors in possession of FAA Form 8000-39. In the case of flight crews, company identification shall be displayed.

Each individual holding an identification badge allowing access to the SIDA shall challenge, and refer to Airport Security, any individual not displaying appropriate identification.

7.5 Lost or Stolen Identification Cards

Lost or stolen identification badges shall be promptly reported to Airport Security.

Air carriers and other tenants whose employees have been issued SIDA badges shall immediately notify Airport Security when an employee is fired or otherwise ceases to be employed by the tenant.

The tenant shall be responsible for collecting identification badges and all access media from employees who have ceased employment with the tenant. In the event that the tenant is unable to collect such media, he shall immediately notify Airport Security.

7.6 Escort/Aircraft Ownership

An individual requesting escort of an aircraft must show proof of ownership of that aircraft, or otherwise demonstrate that he is acting on behalf of the owner.

7.7 Airport Security Compliance

No person shall willfully refuse to comply with any lawful order, direction, or signal of an Airport Security Officer.

8.0 Noise Control or Abatement

All aircraft operations shall abide by the provisions of the Noise Compatibility Ordinance of the Long Beach Municipal Code.

LBMC Chapter 16.43

9.0 Minimum Standards

This section describes the Minimum Standards for Commercial Aeronautical Activities conducted at Long Beach Airport.

9.1 Background

The purpose of "Standards for Commercial Aeronautical Activities" is to promote fair competition at public airports and not to expose those who have undertaken to provide commodities and services to irresponsible competition. Prudent airport owners will adopt and enforce minimum standards to be met by those who propose to conduct commercial aeronautical activity. Such standards, by expressing minimum levels of service that must be offered, relate primarily to the public interest, but appropriate requirements uniformly applied also discourage substandard enterprises, thereby protecting both the established aeronautical activity and the airport patrons.

The following minimum standards and requirements for commercial aeronautical activities have been established in the public interest for the safe and efficient operation of the Long Beach Airport; to enhance its orderly growth; to preclude the granting of an exclusive right to conduct an aeronautical activity in violation of Section 308(a) of the Federal Aviation Act of 1958; to conform to Title VI of the Civil Rights Act of 1964 and Part 21 of the U.S. Department of Transportation Regulations; and to assure all lessees and potential lessees the availability of airport property on fair and reasonable terms and without unjust discrimination.

FAA Advisory Circulars 150/5190-1A, "Minimum Standards for Commercial Aeronautical Activities on Public Airports," and 150/5190-2A, "Exclusive Rights at Airports," have been used to provide guidance in the preparation of these standards.

9.2 General

Regarding all of the below-mentioned specific activities, it shall be understood that the following general minimum standards shall apply:

9.2.1 All applicable federal, state and local laws, including building codes and City of Long Beach business licensing requirements, shall be met.

9.2.2 Insurance coverage for the particular use shall be provided pursuant to contract requirements.

9.2.3 The purveyor of aeronautical activity shall operate with a lease, sublease, license, agreement and/or permit issued by the City of Long Beach, with facilities located in an area designated by the City.

9.2.4 The purveyor of aeronautical activity shall provide adequate employee and customer vehicle parking pursuant to applicable jurisdiction guidelines or as otherwise addressed in the minimum standards.

9.2.5 The purveyor of aeronautical activity shall conform to City of Long Beach rules, regulations, and ordinances.

9.2.6 All charges for services on the airport shall be reasonable, equally and fairly applied to all users of the services.

9.2.7 All tenants, permitees, operators and licensees shall pay all taxes and assessments against any buildings or other structures placed on the premises by them, as well as all taxes and assessments against the personal property used by them in their operations.

9.2.8 All contracts and leases between tenant and the City shall be subordinate to the provisions of any existing or future agreement between the City of Long Beach and the United States government, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport properties.

9.2.9 Unless otherwise specified by agreement, no tenants shall sublease or sublet any premises leased by such operator from the City, or assign any such lease, without the prior written approval of the City, and any such subletting or assignment shall be subject to all of the minimum standards herein set forth.

9.2.10 In the event the tenant sublets any portion of his lease, the sublessee shall agree to assume the full obligations of the lease as set out herein and shall agree to fully cooperate with the City in seeing that these standards are complied with. The sublessee shall immediately comply with any reasonable request or direction of the City as it relates to the enforcement of these standards.

9.2.11 In the event that the lessee, permittee, operator, licensee, or sublessee fails to comply with the reasonable requests or direction of the City as it relates to these standards, said lessee or sublessee shall be in default. If said default continues for more than 30 days after written notice of said default; the City may terminate the agreement. Said lessee is responsible for the performance of the sublessee, or for other activities taking place on lessee's designated leasehold property.

9.2.12 The City reserves the right to take any actions it considers necessary to protect the aerial approaches to the Airport against obstructions, together with the right to prevent any tenant from erecting, or permitting to be erected, any building, sign, or other structure on the Airport which, in the opinion of the City, would limit the usefulness of the Airport or constitute a hazard to aircraft.

9.2.13 The provisions of these standards shall in no way negate or cause to be null or void existing leases with tenants at the Long Beach Airport. Upon the adoption of these standards, any new leases entered into and any amendments to existing leases shall be in accordance with the standards, unless otherwise specified by agreement.

9.2.14 The City reserves the right to enter upon any premises leased to tenants at reasonable times for the purpose of making such inspections as it may deem necessary to ensure proper enforcement of these minimum standards and for the proper enforcement of any covenant or condition of any tenant's contract or lease agreement.

9.2.15 Only the uses specified in an authorizing lease, license, agreement or permit may be performed, and such uses are authorized only when conducted by the tenant or a subtenant. All other business activities engaged in, on, or from the leasehold premises involving provision of services or products to parties other than tenant or an approved subtenant for financial gain are prohibited. Said prohibition shall be enforced by tenant.

9.2.16 Airport property shall be available for any aeronautical uses consistent with the Standards for Commercial Aeronautical Activities and the adopted Airport Land Use Plan. However, the City of Long Beach retains the right, as Airport proprietor, to attempt to lease an available building or area as one parcel (rather than to several tenants with smaller lease parcel sizes), provided that such activity shall not be done for the purpose of excluding any individual(s), but merely to reduce lease administrative costs and other problems relative to multiple tenancy buildings. City shall not unreasonably withhold the right to sublease for uses which conform to the Land Use Plan and Standards for Commercial Aeronautical Activities.

9.2.17 The City reserves the right to change these standards from time to time, based on changing requirements. Such changes shall be accomplished for the purpose of not unduly discriminating against an individual/business or group of individuals/businesses.

9.3 Aeronautical Activities

9.3.1 Based Aircraft Flight Instruction

Providers of flight instruction shall hold FAA and state certification where applicable. Provider shall have an on-Airport office space and telephone.

Restroom facilities within reasonable walking distance of office space shall be provided.

Provider shall have parking (customer & employee vehicles) available consistent with local jurisdiction guidelines.

9.3.2 Aircraft Sales

The business shall maintain an on-Airport office space.

The business shall hold licenses as required by other governmental agencies. Aircraft owners selling their own airplane and exempt from state sales licensing requirements are considered exempt from these requirements.

9.3.3 Aircraft Storage

Tiedown spaces shall be designed to provide for no aircraft overlap. Adequate tiedown hardware shall be provided for wing and tail tiedowns.

For taxilanes used by aircraft under power, minimum taxilane widths consistent with FAA Advisory Circular 150/5300-13, "Airport Design" shall be provided unless otherwise approved by the Airport Manager.

Taxilanes shall be marked in accordance with the standards set forth in FAA Advisory Circular 150/5340-1G, "Standards for Airport Markings.”

9.3.4 Aircraft Storage Hangars

No commercial operations shall be conducted out of a hangar unless authorized in writing by the Airport Manager.

Storage of marine craft or other vehicles not required to support aviation activity is not permitted.

9.3.5 Aircraft Maintenance and Repair

All Aircraft repairs must be made in accordance with FAA standards.

Purveyor must provide an on-Airport office and hangar or tiedown area for parking of customer aircraft.

Performing maintenance on an aircraft parked beyond the boundary lines of tenant leasehold or FBO is prohibited.

9.3.6 Fuel/Line Service

For full-service fuel facilities, fuel & service shall be available by staffed fuel providers between the hours of 7:00 a.m. and 7:00 p.m. Fuel shall be available through a posted call-up number 24 hours/day, 365 days/year, for a reasonable call-up fee and a response time not to exceed 30 minutes.

For self-service facilities, fuel shall be available 24 hours per day. The facility shall provide on-call response 24 hours per day. Response time shall not exceed 30 minutes.

Fuel facilities shall be staffed during all fuel deliveries.

An on-Airport refueling truck or service island shall be in operating condition at all times that fuel is required to be available, and meet all applicable building and fire codes.

Purveyor shall provide below ground minimum storage capacity (applies to new fuel facility construction where fuel is to be sold on a retail basis) of 20,000 gallons for each grade for aviation use, unless otherwise authorized by the Airport Manager.

9.3.7 Aircraft Rental

The purveyor shall maintain an on-Airport office and adequate assigned tiedowns or inside storage areas for rental aircraft.

Restroom facilities within reasonable walking distance of office space shall be provided.

9.3.8 Radio and Electronics Sales and Service

Purveyor shall hold required FAA and FCC licenses.

Purveyor shall maintain on-Airport shop/office spaces for storage of customer aircraft.

9.3.9 Flying Clubs (Non-Profit)

The flying club shall be a non-profit corporation or partnership. The aircraft shall be owned or leased by the club.

The club may not offer or conduct charter, air taxi, rental, or flight instruction, and only members of the flying club may operate the aircraft.

The club shall not permit its aircraft to be used for giving flight instruction to any person, including club members, when such person pays or becomes obligated to reimburse for such instruction, except when instruction is given by a lessee or permittee authorized by the City to give such instruction.

Exceptions are permitted to the above when flight instructors or mechanics are club members. They may perform instruction/maintenance/repair where compensation is limited to credit against payment of dues or flight time.

9.3.10 Aircraft Charter

Adequate sheltered waiting area shall be provided within 500 feet of the loading ramp.

The waiting area shall be of sufficient size to hold the passenger load for the type of aircraft and meet applicable Fire Codes regarding occupancy load.

Restrooms shall be available at the waiting area.

Adequate vehicle parking spaces shall be provided on-site in accordance with LBMC Chapter 21.41.

The operator shall hold all applicable FAA and DOT licenses and/or certificates. The operator shall provide adequate ground handling equipment for type aircraft.

The operator shall provide public telephones within reasonable distance of waiting area.

No publicly scheduled operations or public charters with a scheduled frequency of five flights or more per week are permitted except at the main terminal building.

9.3.11 Scheduled Airline Operations

Scheduled airline operators are those companies operating publicly available (or advertised) scheduled flights with a frequency of five flights or more per week using aircraft with a certificated maximum take-off weight equal to or greater than 75,000 lbs.

Scheduled airline operations shall be conducted solely from the Airport’s terminal building and associated air carrier ramp.

The Airline operator shall provide either customer service counter personnel, a direct line customer service counter telephone, or a toll free number posted at the ticket counter from 6:00 a.m. to 11:00 p.m., and any additional hours as required to coincide with a delayed flight.

The Airline operator shall provide skycap service.

The Airline operator shall provide adequate guidance and escort between the boarding lounge gate and the aircraft door.

The Airline operator shall provide queuing stanchions, of approved type, for crowd control.

The Airline operator shall abide by the current approved Graphics Standards Manual.

The Airline operator shall utilize the pre-approved Alternate Operation Plan for diverted flights between 11:00 p.m. and 7:00 a.m.

9.3.12 Commuter Operations

Scheduled commuter operators are those companies operating publicly available (or advertised) scheduled flights with a frequency of five flights or more per week using aircraft with a certificated maximum take-off weight of less than 75,000 lbs.

Scheduled commuter operations shall be conducted solely from the Airport’s terminal building and associated ramp.

The Commuter operator shall provide either customer service counter personnel, a direct line customer service counter telephone, or a toll free telephone number posted at the ticket counter from 6:00 a.m. to 11:00 p.m., and any additional hours as required to coincide with a delayed flight.

The Commuter operator shall provide adequate guidance and escort between the boarding lounge gate and the aircraft door.

The Commuter operator shall escort all unscreened passengers…