Code of Massachusetts Regulations 740 CMR - MASSACHUSETTS PORT AUTHORITY
740 CMR – Massachusetts Port Authority (Massport)
1. Overview
740 CMR governs the Massachusetts Port Authority (Massport), which oversees:
Boston Logan International Airport
Worcester Regional Airport
Port facilities (e.g., maritime terminals)
Real estate and transportation infrastructure under Massport control
The regulations ensure safety, security, financial accountability, and efficient operations across all Massport-managed facilities.
2. Key Provisions
A. Facility Operations
Massport facilities must comply with safety, security, and operational standards.
Includes airport operations, maritime facility management, and tenant operations.
B. Security and Safety
Regulations implement federal and state aviation security requirements.
Emergency preparedness, fire safety, and hazardous materials handling are strictly enforced.
C. Contracts and Leasing
Massport leases land and property to commercial tenants.
Regulations cover contract compliance, tenant responsibilities, and lease enforcement.
D. Financial Management
Massport must maintain transparent accounting and reporting procedures.
Oversight ensures proper use of funds and compliance with state procurement laws.
E. Enforcement Authority
Massport can investigate violations, issue fines, revoke privileges, and suspend contracts.
Enforcement protects public safety, operational integrity, and regulatory compliance.
3. Enforcement Mechanisms
Inspection and Audits
Regular inspections of facilities and operations ensure compliance.
Financial and operational audits are performed periodically.
Investigations
Complaints or violations (safety, security, lease breaches) trigger investigations.
Evidence is gathered through documentation, interviews, and on-site inspections.
Administrative Actions
Violators may face:
Fines or penalties
Suspension of access or operations
Contract or lease termination
Legal Action
For serious or repeated violations, Massport can pursue civil or regulatory enforcement in court.
4. Illustrative Cases
Case 1 – Airport Security Breach
Facts:
An airport contractor failed to properly screen employees entering secure areas.
Issue:
Violation of 740 CMR security and safety regulations.
Action:
Massport conducted a security audit and interviewed staff.
Outcome:
Contractor suspended access, required retraining, and submitted a revised security plan.
Significance:
Ensures airport security and compliance with federal regulations.
Case 2 – Lease Violation by Commercial Tenant
Facts:
A tenant at a Massport property failed to maintain premises according to lease standards.
Issue:
Violation of 740 CMR leasing and facility maintenance regulations.
Action:
Massport inspected the property and documented violations.
Outcome:
Tenant issued notice of default, required to remediate issues within a set period, or face lease termination.
Significance:
Protects property value and operational standards.
Case 3 – Hazardous Materials Mismanagement
Facts:
A company at the port stored hazardous chemicals improperly, risking environmental contamination.
Issue:
Violation of 740 CMR safety and environmental regulations.
Action:
Massport conducted on-site inspection and environmental assessment.
Outcome:
Facility fined, required remediation of hazardous materials, and mandated periodic compliance audits.
Significance:
Protects worker safety, public health, and environmental compliance.
Case 4 – Airport Operational Safety Violation
Facts:
Ground handling staff at Logan Airport failed to follow aircraft loading safety procedures.
Issue:
Violation of 740 CMR operational and safety standards.
Action:
Investigation included review of safety logs, CCTV, and staff interviews.
Outcome:
Staff retrained, supervisor disciplined, and operational procedures updated.
Significance:
Ensures safety of personnel and airport operations.
Case 5 – Financial Mismanagement in Contract
Facts:
A vendor providing services to Massport overbilled and submitted inflated invoices.
Issue:
Violation of 740 CMR financial management and contract compliance rules.
Action:
Massport audited invoices and cross-checked contract terms.
Outcome:
Vendor required to repay overcharges, contract temporarily suspended, and compliance monitoring instituted.
Significance:
Protects public funds and ensures contract integrity.
Case 6 – Unauthorized Construction at Port Facility
Facts:
A tenant conducted construction on port property without prior Massport approval.
Issue:
Violation of 740 CMR construction and lease regulations.
Action:
Massport inspected the site and issued a stop-work order.
Outcome:
Tenant halted construction, submitted proper plans for approval, and paid a penalty for noncompliance.
Significance:
Enforces regulatory compliance and safety standards.
5. Summary Table of Enforcement Cases
| Case | Violation | Enforcement Action | Significance |
|---|---|---|---|
| Airport Security Breach | Inadequate screening | Access suspension, retraining | Ensures airport security |
| Lease Violation | Poor property maintenance | Notice of default, remediation | Protects property standards |
| Hazardous Materials Mismanagement | Improper storage | Fines, remediation, audits | Safety & environmental compliance |
| Operational Safety | Aircraft handling errors | Retraining, procedural update | Personnel & operational safety |
| Financial Mismanagement | Overbilling | Repayment, contract monitoring | Protects public funds |
| Unauthorized Construction | Construction without approval | Stop-work, plan submission, penalty | Regulatory & safety compliance |
6. Key Takeaways
740 CMR governs Massport operations, security, leasing, construction, and financial compliance.
Enforcement mechanisms include audits, inspections, fines, suspensions, lease termination, retraining, and legal action.
Cases emphasize safety, security, environmental protection, financial integrity, and regulatory compliance.
Massport ensures safe, efficient, and lawful operation of airports, port facilities, and commercial properties.
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