17 AAC 45.060 - Restricted areas and access to restricted areas

(a) An airport apron, runway, or taxiway available for use by aircraft is a restricted area unless posted otherwise by the airport manager. At an airport to which 49 C.F.R. Part 1542 applies, or at another airport if the department or the airport manager determines that it is necessary to ensure the safety and security of persons or property on or in the vicinity of that airport or to comply with federal or state law, the airport manager or department may do one or more of the following:

(1) designate and post other areas on the airport as restricted;

(2) designate some or all of a restricted area as a Security Identification Display Area (SIDA);

(3) establish a security program for all or a portion of the airport.

(b) A person is prohibited from entering or remaining in a restricted area except as provided in this section, unless the person either

(1) is an authorized FAA safety inspector or TSA security inspector on official government business and carrying current identification as required under applicable FAA or TSA regulations; or

(2) is a uniformed and credential-carrying law enforcement officer within the officer's jurisdiction or other law enforcement officer who satisfies the requirements of 49 C.F.R. 1542.217, as amended as of January 1, 2007.

(c) A person may not enter or remain in a restricted area at an airport to which 9 C.F.R. Part 1542 applies unless

(1) the person is

(A) a ticketed passenger of a commercial aircraft, an operator-authorized passenger of a non-commercial aircraft, or a member of the flight crew of an aircraft; and

(B) aboard the aircraft, in a designated passenger waiting area, or moving directly between the aircraft and the nearest access point between the restricted area and non-restricted areas; or

(2) the person is

(A) wearing an airport identification badge issued under this section to authorize the person's entry to that area or is otherwise authorized by the airport manager to enter that area and is in compliance with the terms and conditions established under (e) of this section that are applicable to the use of that badge; or

(B) under actual escort and control of a person described in (A) of this paragraph;

(d) A person may not enter or remain in a Security Identification Display Area (SIDA) at an airport unless

(1) the person is wearing an airport identification badge issued under this section to authorize the person's entry to that area, and is in compliance with the terms and conditions established under (e) of this section, including proper display, that are applicable to the use of the badge;

(2) the person

(A) is a member of the flight crew of, or is a ticketed or operator-authorized passenger of, an air carrier-operated aircraft; and

(B) is either aboard the aircraft or moving directly to or from that aircraft under actual escort and control of a member of the flight crew or a person described in (1) of this subsection; or

(3) the person is under actual escort and control of a person described in (1) of this subsection.

(e) The department may establish, and revise as appropriate, qualifications, terms, and conditions for each of the following:

(1) sponsorship of an employee, agent, or contractor to receive an airport identification badge; qualifications must include a demonstrated need consistent with the purpose and function of the airport for a sponsored individual to have access to the applicable restricted area and the ability and written undertaking of the sponsor to assume responsibility for the conduct of a sponsored individual;

(2) receipt of an airport identification badge, including being qualified as a sponsor of an individual to receive a badge or as a sponsored individual;

(3) authorized entry into a restricted area; and

(4) use of an identification badge issued under this subsection.

(f) The airport manager may issue an airport identification badge or authorize entry, as applicable, to a person qualified under this section. A badge issued under this subsection remains the property of the department and must be returned to the airport manager upon request.

(g) With each application for an airport identification badge that authorizes unescorted access to a Security Identification Display Area (SIDA), the applicant or the applicant's sponsor must include a nonrefundable payment in a form acceptable to the department of expenses incurred in processing each application for any fingerprint or background clearance required by federal law or by an applicable TSAapproved airport security program or required under the qualifications established by the department under (e) of this section.

(h) For an airport to which 49 C.F.R. Part 1542 applies, after an airport manager determines that a person is eligible for an airport identification badge that authorizes unescorted access to a restricted area, is eligible to sponsor an employee, contractor, or agent for issuance of an airport identification badge or authorization to enter a restricted area, or is eligible for any other authorization to enter a restricted area, but before the manager issues the badge, accepts the sponsorship, or authorizes the person's unescorted entry into a restricted area, the airport manager shall require the person to review a copy of the terms and conditions established under (e) of this section. The airport manager shall require the person to sign an acknowledgement of the person's review and acceptance of those terms and conditions.

(i) Acceptance of an airport identification badge, authorization to enter a restricted area, and sponsorship of an employee, contractor, or agent for issuance of an airport identification badge for entry into a restricted area under this section each constitutes agreement by the recipient of the badge or authorization or by the sponsor, as applicable,

(1) to comply with the applicable terms and conditions established under (e) of this section; and

(2) to be responsible for any penalty imposed on the department by the FAA or TSA as a result of any failure by the recipient, or, in the case of a sponsor, by the sponsor's employee, contractor, or agent, to comply.

(j) In addition to constituting agreement with the requirements stated in (i) of this section, acceptance of an airport identification badge also constitutes acknowledgment and agreement that

(1) the badge remains the property of the department and must be returned to the airport manager upon request;

(2) the manager may revise the terms and conditions for use of the badge after the badge is issued; and

(3) use of the badge after notice of revised terms and conditions for use of the badge constitutes acceptance of those revised terms and conditions.

(k) A person who accepts an airport identification badge, or the person's sponsor, shall pay

(1) a $50 fee for each badge issued, reissued, or renewed;

(2) a $200 fee for each replacement of a lost badge;

(3) a $200 fee for each failure to surrender a badge to the airport manager when required to do so by the department; and

(4) a $50 fee for replacement of a damaged badge that is returned to the airport manager by the person or the person's sponsor.

(l) Unless any airport security program that the department develops for the airport provides otherwise, at an airport to which 4 9 C.F.R. Part 1542 does not apply, only the following may enter a restricted area:

(1) an aircraft crew member;

(2) a passenger authorized orally or in writing by an aircraft crew member or by the entity operating a commercial flight;

(3) a department employee, an airport maintenance contractor, or an airport maintenance contractor's employee;

(4) an air carrier ground servicing employee or agent; and

(5) any other person authorized by law or by the airport manager to enter the restricted area.

(m) The department may enter onto a premises to erect or to maintain a barrier if the department determines that a barrier is necessary for safety or security at the airport. Except in the case of an emergency or threat to public safety, the department will give advance notice to a lessee, permittee, or concessionaire before erecting a barrier on the lessee's, permittee's, or concessionaire's premises. To the extent practical, the department will erect the barrier in a location where the barrier will not disrupt the operations of the lessee, permittee, or concessionaire. The lessee, permittee, or concessionaire shall thereafter repair, reconstruct, or replace the barrier on the premises to the satisfaction of the airport manager at the lessee's, permittee's, or concessionaire's sole expense if the barrier is damaged or rendered ineffective for its intended purpose as a result of activities of the lessee, permittee, or concessionaire or an agent, contractor, or invitee of the lessee.

(n) If the premises of a lessee, permittee, or concessionaire is within or adjacent to a restricted area, the lessee, permittee, or concessionaire shall ensure that only authorized persons enter or remain in the restricted area.

(o) A person may not

(1) copy or duplicate an airport identification badge; or

(2) photograph or film, without the consent of the TSA, any portion of an area established for use by the TSA for passenger security screening, whether or not screening is in progress.

(p) In this section, "security program" means a written plan, confidential under state or federal law, that the department uses to maintain the security of an airport.

Notes

17 AAC 45.060

Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; am 3/20/2016, Register 217, April 2016

A list of department-operated airports to which 49 C.F.R. Part 1542 applies, and of those airports to which 49 C.F.R. Part 1542 does not apply, is available through the commissioner's office at Commissioner of Transportation and Public Facilities, 3132 Channel Drive, Juneau, AK 99801-7898.

Authority:AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.220

AS 02.15.230