Laws of New York (Last Updated: November 21, 2014) |
TRA Transportation |
Article 2. POWERS, DUTIES AND JURISDICTION OF THE DEPARTMENT OF TRANSPORTATION |
Section 14-M. Airport security
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1. For the purposes of this section, the following terms shall have the following meanings: (a) the term "airport" shall have the same meaning as such term is defined in subdivision five of section two hundred forty of the general business law except that such term shall not include any airport operated by a bi-state authority nor any airport with scheduled commercial air carrier service; (b) the term "aircraft" shall have the same meaning as such term is defined in subdivision one of section two hundred forty of the general business law; (c) the term "private-use airport" shall mean an airport used exclusively by the owner thereof and persons authorized by such owner; (d) the term "public-use airport" shall mean an airport available for use by the general public without a requirement for the prior approval of the owner or operator thereof except as may be required by federal law or regulation. This section shall not be construed to replace or supersede airport security standards required by the United States department of homeland security or transportation security administration or safety standards required by the United States department of transportation or federal aviation administration. 2. Notwithstanding any provision of law to the contrary, in order to enhance security at the airports of the state, each private-use and public-use airport located, in whole or in part, in New York state shall: (a)(i) Register with the department within one year from the effective date of this section. Such registration shall be valid for a period of three years, and shall be submitted on forms provided by the department which shall contain the following information: the physical and mailing addresses of such airport; the telephone number, facsimile number, and e-mail address of such airport; the name or names and telephone number or numbers of one or more twenty-four hour security contact persons, as designated by such airport; a map showing the location and general boundaries of such airport; and such other information as the department may reasonably prescribe. Such registration also shall be accompanied by the written security plan required pursuant to paragraph (b) of this subdivision. (ii) Each such airport shall renew its registration with the department every three years. Requests for renewal shall be made on forms supplied by the department and shall not be accepted unless accompanied with an updated written security plan as provided in paragraph (b) of this subdivision. (iii) Every original and renewal application for registration shall be accompanied by a registration fee of twenty-five dollars for private-use airports, and of fifty dollars for public-use airports. (b) (i) Each private-use and public-use airport shall document its security procedures in a written security plan that is consistent with the most recent security guidelines for general aviation airports published by the United States transportation security administration. Such plan shall be updated every three years and submitted to the department with each such airport's renewal application for registration. In developing such plan, each airport shall consider the applicable security enhancement recommendations contained in the most recent security guidelines for general aviation airports published by the United States transportation security administration. Each written plan shall include a description of how the airport has addressed each applicable recommendation of such guidelines, and a justification for not adopting any applicable recommendation suggested by such guidelines for the airport's security characteristics. Applicable recommendations from such document should be determined by such airport by using the airport characteristics self-assessment measurement tool available in such document and any other self-assessment tools subsequently issued by the transportation security administration. (ii) In addition to submitting such plan to the department in compliance with paragraph (a) of this subdivision, each airport shall submit a copy of such plan and all updates thereof to local law enforcement agencies having jurisdiction over such airport, the New York state police, and the New York state office of homeland security. (c)(i) In addition to the other provisions of this section, private-use airports shall: (A) require all aircraft to be double-locked, with one lock internal to the aircraft, and one lock external to the aircraft, when such aircraft is not in operation; and (B) provide that all hangars be locked when not in use. (ii) In addition to the other provisions of this section, public-use airports shall: (A) meet all the requirements of private-use airports set forth in subparagraph (i) of this paragraph; (B) require verification of the identity of all aircraft passengers by the aircraft crew; (C) maintain a log of all transient aircraft for a minimum of five years; (D) develop a written list of emergency contacts and telephone numbers, to be available to airport personnel; (E) restrict the access of unlicensed persons and student pilots to aircraft keys; (F) require persons renting aircraft to present government-issued identification, which identification shall be in addition to any pilot's license; (G) post airport security warning signs and advisories where appropriate; (H) create an emergency locator map, which may be hand-drawn generally to scale, identifying areas such as runways, ramp areas, fence lines, gates, hydrants, emergency shelters, buildings and hazardous materials sites, and provide copies of such map to emergency response agencies serving such airport, to law enforcement agencies having jurisdiction over such airport, and appropriate airport personnel. Whenever there is a physical change involving such areas, such map shall be revised and resubmitted to the aforementioned emergency response and law enforcement agencies and airport personnel within sixty days of such change; and (I) familiarize local law enforcement with the airport and consult with them in the airport's development of appropriate security procedures. 3. The map required to be created pursuant to clause (H) of subparagraph (ii) of paragraph (c) of subdivision two of this section and the written security plan required pursuant to paragraph (b) of subdivision two of this section shall prominently display the following statement: "This document may contain information that if disclosed could endanger the life or safety of the public, and therefore this document is to be maintained and used in a manner which preserves the confidentiality of the information contained herein in a manner consistent with law." 4. A person or entity who submits or otherwise makes available to any state agency or agency of any subdivision thereof the registrations and security plans produced pursuant to the requirements of this section may at any time identify those records or portions thereof that contain critical security information and request that the agency that maintains such records except such information from disclosure pursuant to subparagraph one-a of paragraph (a) of subdivision five of section eighty-nine of the public officers law.