21 CRR-NY 176.5NY-CRR
21 CRR-NY 176.5
21 CRR-NY 176.5
176.5 Security.
(a) Security.
(1) The authority's Uniformed Security Department has the overall responsibility for security of the airport. This department is tasked by the authority to ensure a safe and secure environment at the airport.
(2) Persons using the airport shall fully comply with the security requirements established by the authority pursuant to 49 CFR, chapter XII, parts 1540 and 1542, as amended.
(3) Security gates that provide access to the AOA shall remain closed, locked, and secured except when actually in use.
(i) Vehicle operators shall stop the vehicle and allow the gate to fully close before proceeding. The vehicle operator shall also ensure that no other vehicles or persons gain access to the airport while the gate is in the process of opening or closing. If the vehicle operator cannot prevent such access, the vehicle operator shall immediately contact the authority or "911".
(4) Tampering with, interfering with, or disabling the lock or closing mechanism, or breaching any other security device is prohibited unless authorized by the authority.
(5) Persons who have been provided a code or device for the purpose of obtaining access to a restricted area shall not, under any circumstances, divulge, duplicate, or otherwise distribute or convey the code or device to any other person unless authorized by the authority.
(6) Access to restricted areas is limited to persons:
(i) displaying a proper and current authority-issued security identification area (SIDA) badge;
(ii) who are aircraft crewmembers, dressed in the full uniform of his/her company, displaying a photo ID issued by an authorizing airline;
(iii) under appropriate supervision or escort; or
(iv) as otherwise approved by the authority.
(7) Access to or entry to sterile areas is limited to persons:
(i) who have been screened by Transportation Security Administration (TSA) personnel and possess a valid boarding pass;
(ii) displaying an authority-issued sterile area access badge, authority-issued SIDA badge; or
(iii) under appropriate supervision and escorted by a person displaying an authority-issued airport identification badge.
(b) Weapons and explosives.
(1) Weapons (including, but not limited to, firearms, tear gas, mace, pepper spray, or other similar devices, materials, or substances) or explosives may only be carried (possessed) and/or handled in accordance with applicable regulatory measures.
(i) No person, other than a NYS Police Officer, a NYS Peace Officer, or a member of the armed forces of the United States on official duty, shall carry a weapon on airport property except for the sole purpose of checking an encased weapon for shipment purposes as baggage to be lawfully transported on any aircraft.
(ii) No person, other than a NYS Police Officer or a NYS Peace Officer who is on-duty or responding to a specific incident, shall carry a weapon in the sterile area.
(2) Discharge of any weapon at the airport is prohibited, except in the performance of official duties, the lawful defense of persons or property, or by authorized personnel for purposes of wildlife management.
(3) No person shall store, keep, handle, use, dispose of, or transport any class A or class B explosives or class A poison (as defined in the Interstate Commerce Commission Regulation for transportation of explosives and other dangerous articles) or any other poisonous substance or material (solid, liquid, or gas) at such time or place or in such manner or condition that may unreasonably endanger persons or property or would be likely to do so.
(4) No person shall possess or ignite class C explosives (e.g., fireworks, firecrackers, etc.) with exception of explosives that may be used by authority authorized personnel for purposes of wildlife management.
(c) Airport identification badge.
(1) Persons requiring access or entry to a restricted area or a sterile area shall complete and submit an airport identification badge application to the authority.
(2) Prior to accessing or entering a restricted area, individuals who are not under escort must display an airport identification badge in full view, above waist level, on their outermost garment.
(3) All employees of a lessee, sub-lessee, operator, or permittee at the airports are required to obtain an authority-issued airport identification badge. Prior to obtaining an airport identification badge, an authorization signature letter listing at least one person who is authorized to request airport identification badges on behalf of the lessee, sub-lessee, operator, or permittee shall be submitted to the authority.
(4) Prior to obtaining an authority issued airport identification badge, a person must complete the credentialing check process as required by Federal regulations. This will include fingerprinting by the authority for a required criminal history records check, and other background checks to the extent allowable by law, including, but not limited to, reference and prior employment history.
(5) Persons desiring or in possession of an authority issued airport identification badge shall complete all authority training programs and meet all related requirements as may be amended by the authority from time to time.
(6) All fees as established and assessed by the authority must be paid in advance by persons seeking to obtain or renew an authority issued airport identification badge.
(7) When permitted to do so by Federal regulations, the final decision as to whether to issue or renew an airport identification badge lies in the sole discretion of the authority.
(d) Tenant, lessee and/or sub-lessee responsibilities.
(1) Tenants, lessees and sub-lessees are responsible for the internal security of leased premises, including aprons.
(2) Every tenant, lessee, and/or sub-lessee shall be responsible to lock all:
(i) openings in fence barriers controlled by them with keys issued by the authority when their respective facilities are unoccupied by responsible personnel or when operations for the day have been terminated;
(ii) fence barrier openings after use. Any person granted access to the AOA by the authority, including every tenant, lessee, and/or sub-lessee, or its employees, servants, contractors, vendors, or any other person, shall be responsible to close and lock any common use gate.
(3) In the event any fence barrier opening is required to be in an open or unlocked positon, tenant, lessee, and/or sub-lessee shall provide a monitoring service to prevent unauthorized access to the AOA.
(i) Monitoring other than by visual monitoring must be approved by the authority.
(4) In the event a key, or other access control device, which has been issued by the authority, to a door or gate accessible to the AOA is lost, tenant, lessee, or sub-lessee shall immediately report, in writing, the loss to the authority.
(i) The report must include the following: date of loss; circumstances surrounding the loss; and efforts to locate the key or access control device.
(ii) In the event that the executive director, in his or her sole discretion, concludes that the loss of the key or access control device will result in a security breach, the tenant, lessee and/or sub-lessee shall be responsible for the cost of changing the access control system on all doors and gates specified by the executive director.
(e) Escort procedures.
(1) The required procedure for escorting people on the AOA or SIDA is to accompany and supervise any individual who does not have unescorted access authority in a manner sufficient to take action should the individual engage in activities other than those for which the escorted access is granted.
(i) While under escort, the person being escorted must continuously be within the line of sight of the person performing the escort.
(ii) Escorting of people will be conducted for business purposes only.
21 CRR-NY 176.5
Current through October 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.