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(a) At each airport, each runway or taxiway available for use by aircraft is a restricted area, unless posted otherwise by the airport manager. At an airport operated by the department under 49 C.F.R. Part 1542, or at another airport if 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 manager may designate and post other areas on the airport as restricted. The manager may designate some or all of a restricted area as a Security Identification Display Area (SIDA).
(b) A person may not enter or remain in a restricted area except as provided in this section, unless the person is an authorized FAA safety inspector on official government business and carrying current identification as required under applicable FAA regulations or is a law enforcement officer who satisfies the requirements of 49 C.F.R. 1542.217, as amended through August 19, 2003.
(c) A person may not enter or remain in a restricted area at an airport operated by the department under 49 C.F.R. Part 1542 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
(A) is wearing an airport identification badge issued to the person under this section to authorize entry to 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) is 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 has obtained, is wearing, 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 an airport identification badge issued to the person under this section to authorize entry to that area; or
(2) the person
(A) is a member of the flight crew of, or is a ticketed or operator-authorized passenger of, an aircraft that has been permitted by the FAA to enter the Security Identification Display Area (SIDA); and
(B) is either aboard the aircraft or is 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.
(e) The airport manager 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 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 any cost charged to the department for any fingerprint or background clearance required by the FAA or required under the qualifications established by the airport manager under (e) of this section.
(h) The airport manager shall provide to each applicant for an airport identification badge a copy of the applicable terms and conditions established under (e) of this section for review at or before the time the manager issues a badge or grants authorization to enter a restricted area. The manager shall require a signed acknowledgement of the opportunity to review and of acceptance of those terms and conditions by each person to whom the manager
(1) issues an airport identification badge under this section;
(2) grants authorization to enter a restricted area under this section; or
(3) who sponsors an employee, contractor, or agent for issuance of an airport identification badge or authorization to enter a restricted area.
(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 by the airport manager under (e) of this section; and
(2) to be responsible for any penalty imposed on the airport by the FAA as a result of any failure by the person or the sponsoring person'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 $25 fee for each badge issued;
(2) a $50 fee for each replacement of a lost badge;
(3) a $50 fee for each failure to surrender a badge to the airport manager when required to do so by the department; and
(4) no fee for replacement of a damaged badge that is returned to the airport manager.
( l ) Unless any airport security program that the department develops for the airport provides otherwise, at an airport not operated by the department under 49 C.F.R. Part 1542, 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 in writing 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 to comply with applicable law for prevention of unauthorized or inadvertent entry to a restricted area of an airport or to maintain security acceptable to the FAA. 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.
(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 copy or duplicate an airport identification badge.
History: Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168
Authority: AS 02.15.020
Editor's note: A list of airports operated by the department under 49 C.F.R. Part 1542 and of those airports not operated under 49 C.F.R. Part 1542 is available through the commissioner's office at Commissioner of Transportation and Public Facilities 3132 Channel Drive, Juneau, AK 99801-7898.
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Last modified 7/05/2006