§ 14-M — Airport security

New York § 14-M

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 2: Powers, Duties and Jurisdiction of the Department of Transportation

Text

§ 14-m. Airport security. 1. For the purposes of this section, the\nfollowing terms shall have the following meanings: (a) the term\n"airport" shall have the same meaning as such term is defined in\nsubdivision five of section two hundred forty of the general business\nlaw except that such term shall not include any airport operated by a\nbi-state authority nor any airport with scheduled commercial air carrier\nservice;\n (b) the term "aircraft" shall have the same meaning as such term is\ndefined in subdivision one of section two hundred forty of the general\nbusiness law;\n (c) the term "private-use airport" shall mean an airport used\nexclusively by the owner thereof and persons authorized by such owner;\n (d) the term "public-use airport" shall mean an airport available for\nuse by the general public without a requirement for the prior approval\nof the owner or operator thereof except as may be required by federal\nlaw or regulation.\n This section shall not be construed to replace or supersede airport\nsecurity standards required by the United States department of homeland\nsecurity or transportation security administration or safety standards\nrequired by the United States department of transportation or federal\naviation administration.\n 2. Notwithstanding any provision of law to the contrary, in order to\nenhance security at the airports of the state, each private-use and\npublic-use airport located, in whole or in part, in New York state\nshall:\n (a)(i) Register with the department within one year from the effective\ndate of this section. Such registration shall be valid for a period of\nthree years, and shall be submitted on forms provided by the department\nwhich shall contain the following information: the physical and mailing\naddresses of such airport; the telephone number, facsimile number, and\ne-mail address of such airport; the name or names and telephone number\nor numbers of one or more twenty-four hour security contact persons, as\ndesignated by such airport; a map showing the location and general\nboundaries of such airport; and such other information as the department\nmay reasonably prescribe. Such registration also shall be accompanied by\nthe written security plan required pursuant to paragraph (b) of this\nsubdivision.\n (ii) Each such airport shall renew its registration with the\ndepartment every three years. Requests for renewal shall be made on\nforms supplied by the department and shall not be accepted unless\naccompanied with an updated written security plan as provided in\nparagraph (b) of this subdivision.\n (b) (i) Each private-use and public-use airport shall document its\nsecurity procedures in a written security plan that is consistent with\nthe most recent security guidelines for general aviation airports\npublished by the United States transportation security administration.\nSuch plan shall be updated every three years and submitted to the\ndepartment with each such airport's renewal application for\nregistration. In developing such plan, each airport shall consider the\napplicable security enhancement recommendations contained in the most\nrecent security guidelines for general aviation airports published by\nthe United States transportation security administration. Each written\nplan shall include a description of how the airport has addressed each\napplicable recommendation of such guidelines, and a justification for\nnot adopting any applicable recommendation suggested by such guidelines\nfor the airport's security characteristics. Applicable recommendations\nfrom such document should be determined by such airport by using the\nairport characteristics self-assessment measurement tool available in\nsuch document and any other self-assessment tools subsequently issued by\nthe transportation security administration.\n (ii) In addition to submitting such plan to the department in\ncompliance with paragraph (a) of this subdivision, each airport shall\nsubmit a copy of such plan and all updates thereof to local law\nenforcement agencies having jurisdiction over such airport, the New York\nstate police, and the New York state office of homeland security.\n (c)(i) In addition to the other provisions of this section,\nprivate-use airports shall:\n (A) require all aircraft to be double-locked, with one lock internal\nto the aircraft, and one lock external to the aircraft, when such\naircraft is not in operation; and\n (B) provide that all hangars be locked when not in use.\n (ii) In addition to the other provisions of this section, public-use\nairports shall:\n (A) meet all the requirements of private-use airports set forth in\nsubparagraph (i) of this paragraph;\n (B) require verification of the identity of all aircraft passengers by\nthe aircraft crew;\n (C) maintain a log of all transient aircraft for a minimum of five\nyears;\n (D) develop a written list of emergency contacts and telephone\nnumbers, to be available to airport personnel;\n (E) restrict the access of unlicensed persons and student pilots to\naircraft keys;\n (F) require persons renting aircraft to present government-issued\nidentification, which identification shall be in addition to any pilot's\nlicense;\n (G) post airport security warning signs and advisories where\nappropriate;\n (H) create an emergency locator map, which may be hand-drawn generally\nto scale, identifying areas such as runways, ramp areas, fence lines,\ngates, hydrants, emergency shelters, buildings and hazardous materials\nsites, and provide copies of such map to emergency response agencies\nserving such airport, to law enforcement agencies having jurisdiction\nover such airport, and appropriate airport personnel. Whenever there is\na physical change involving such areas, such map shall be revised and\nresubmitted to the aforementioned emergency response and law enforcement\nagencies and airport personnel within sixty days of such change; and\n (I) familiarize local law enforcement with the airport and consult\nwith them in the airport's development of appropriate security\nprocedures.\n 3. The map required to be created pursuant to clause (H) of\nsubparagraph (ii) of paragraph (c) of subdivision two of this section\nand the written security plan required pursuant to paragraph (b) of\nsubdivision two of this section shall prominently display the following\nstatement: "This document may contain information that if disclosed\ncould endanger the life or safety of the public, and therefore this\ndocument is to be maintained and used in a manner which preserves the\nconfidentiality of the information contained herein in a manner\nconsistent with law."\n 4. A person or entity who submits or otherwise makes available to any\nstate agency or agency of any subdivision thereof the registrations and\nsecurity plans produced pursuant to the requirements of this section may\nat any time identify those records or portions thereof that contain\ncritical security information and request that the agency that maintains\nsuch records except such information from disclosure pursuant to\nsubparagraph one-a of paragraph (a) of subdivision five of section\neighty-nine of the public officers law.\n