El Maximo
August 29th 07, 01:21 AM
Proposed Amendment To Massport Regulations
Boston-Logan International Airport And
Laurence G. Hanscom Field: 740 Cmr 21.00: Et Seq., And 22.01:
To delete 740 CMR 21.07 and 22.01:(2), and to amend 740 CMR 21.00, et seq.,
specifically
Sections 21.01 and 21.99, and to add the following Sections 21.10, 21.11,
21.12 and 21.13, as
follows:
21.01: [add to definitions]
(a) Air Carrier shall mean any Person conducting operations at the Airport
pursuant
to a federal certificate to conduct air transportation services.
(b) Security Identification Display Area ("SIDA") shall mean a Restricted
Area, as
defined in Section 21.03, and the AOA, for access to which the Authority
requires
Identification Media.
(c) Identification Medium/Media shall mean an Authority-issued or approved
authorization to enter into a SIDA.
(d) Holder shall mean a Person to whom an Identification Medium/Media has
been
issued.
(e) Piggybacking shall mean more than one person passing through a secured
area/
SIDA automated controlled access portal during a single entry of that portal
without each person using his/her individual access medium for verification
of
access authorization.
(f) Sterile Area shall have the meaning as defined in 14 CFR 108.3.
21.10: Security
(1) Display of ID Media. A Person in a SIDA shall clearly display on his/her
outermost
garments current and valid Identification Media that authorizes that person
unescorted access to
that SIDA. Any Person who fails to properly display his/her Identification
Media, shall be
considered to have entered into and to be present in the SIDA without
authorization, and shall be
subject to all penalties of violation of this section, including, without
limitation, criminal
prosecution for trespass.
(2) Escorted Access. Only an individual to whom current airport-approved
security media
have been issued ("Holder") and who is displaying such media may escort a
person authorized
by the Authority to be escorted into the SIDA. The Holder must continuously
accompany and
monitor the person(s) being escorted while within the secured area/SIDA in a
manner sufficient
to insure that the escorted person(s) is/are engaged in activities for which
escorted access was
granted, and, if not, take immediate action in accordance with Airport's
FAA-approved Security
Program. Failure to adhere to escorting procedures as defined here, whether
by the Holder and/or
escortee(s) shall constitute a violation by the Holder and the Holder's
employer-security badge
sponsor. The Holder must remain with the escorted person until the escorted
person's departure
from the SIDA.
(3) Challenge. A Holder shall challenge, in accordance with training
received as a condition
of the issuance of his/her Identification Media, any person who fails to
display current and valid
Identification Media that would authorize that person access to a SIDA. A
Holder shall
immediately report to the Authority and/or Massachusetts State Police, the
presence of any such
person.
(4) Entrance Through Controlled Access Points.
(a) No Person shall piggyback or attempt to piggyback or allow or attempt to
allow
any other Person to piggyback through any controlled access door to a SIDA.
(b) A Person accessing a Restricted Area through a controlled access door
shall
provide the personal identification information (e.g. personal
identification
number, retinal scan, fingerprint, facial recognition display) required for
authorized access through that controlled access door. Any person who fails
to
properly provide his/her personal identification information as required
hereunder
shall be considered to have entered and to be present in the SIDA without
authorization, and shall be subject to all penalties for violation of this
section,
including, without limitation, criminal prosecution for trespass.
(c) Any person opening, using, accessing or otherwise responsible for the
security of
a portal which allows access to any restricted area of the airport,
including but not
limited to the AOA, shall lock or otherwise secure such portal immediately
after
such use or when not in use, as the case may be.
(d) Any failure to comply with the provisions of this Section 4 shall
constitute a
violation by the Holder and the Holder's employer-security badge sponsor.
(5) Return of Identification Media.
(a) A person to whom Identification Media have been issued by the Authority
(the
Holder) or his/her employer security Identification Medium sponsor shall
deliver and
surrender such Identification Medium to the Director of Aviation:
(i) on or before the expiration date of the Identification Medium;
(ii) on or before the termination date of the Holder's employment with the
employer-sponsor of the Identification Medium;
(iii) immediately when the Holder's reported operational need for access to
the
restricted area(s) no longer exists;
(iv) on or before the date contained in any written request/demand by the
Authority; or
(v) immediately upon the in-person request/demand by the Authority.
(b) Any failure to comply with the provisions of Section 5(a) shall
constitute a
violation by the Holder and the Holder's employer-security Identification
Medium
sponsor.
(c) Each calendar day the Identification Medium is not delivered or returned
in
accordance with 5(a) of this Section shall be a separate violation.
(6) Air Carrier Compliance with FAA Security Requirements.
(a) An Air Carrier shall at all times be in compliance, as determined by the
FAA,
with FAA Security requirements, including 14 CFR Parts 108, 109 and 129, as
applicable, and with any FAA-approved Security Plan.
(b) Any violation, as determined by the FAA, by an Air Carrier's contractor,
agent or
employee of FAA security requirements, including 14 CFR Parts 108, 109 and
129, as
applicable or an Air Carrier's FAA-approved Security Plan shall constitute a
violation by
such Person and the Air Carrier, severally, of 740 CMR 21.10.
(7) Reimbursement for Evacuation. In the event the act(s) or omission(s) of
an Air Carrier,
its employee(s) or contractor(s) creates or contributes to a condition which
in the opinion of the
Direction of Aviation jeopardizes or adversely affects the security status
of any airport facility or
portion of any airport facility warranting or requiring the evacuation of
all in a portion of that
facility, that airline shall be responsible for and shall be assessed all
costs of and associated with
such evacuation.
(8) Compliance with FAA Regulations. All persons shall comply with all FAA
Regulations,
Part 107 (14 CFR Part 107), as it may be amended from time to time,
including, without
limitation, 14 CFR 107.11, and the Airport's Security Plan. Violation of an
FAA Regulation
Part 107 shall constitute a violation of this Section subject to the
penalties set out in Section
21:99.
(9) Violation. Any failure by a Holder to comply with the provisions of 740
CMR 21.10
shall constitute a violation of 740 CMR 21.10 by the Holder and the Holder's
employer-security
badge sponsor.
(10) Reimbursement for Penalties. Any person causing or responsible for any
security
violation, which results in the imposition of a monetary penalty upon the
Airport, shall reimburse
Massport for the full amount of the penalty.
21.11 Firearms and Dangerous Weapons
(a) Firearms and Explosives. No person (except federal or state law
enforcement
officers, officers, Post Office, Customs, express and air carrier employees
or
members of the Armed Forces of the United States and Massachusetts
National Guard on official duty, who are authorized and licensed to carry
firearms and explosives) shall carry any firearms or explosives on the
airport.
All persons other than those in the excepted classes shall, while on the
airport,
surrender all such objects in their possession to the Office in Charge of
State
Police Troop F.
(b) Dangerous Weapons and Prohibited Items. No person (except federal or
state
law enforcement officers, Post Office, Customs, or members of the Armed
Forces of the United States and Massachusetts National Guard on official
duty), unless authorized by the Authority, shall carry in a sterile area of
the
airport a knife or other dangerous weapon or any item or material prohibited
by Federal Aviation Regulations (including but not limited to 14 CFR Part
108) or any FAA orders or directives, to be carried upon an aircraft.
(c) An Air Carrier shall prevent the passage beyond its security checkpoint
of any
dangerous weapon or any item prohibited by FAA regulation, standard, order
or directive to be carried on aircraft.
(d) No person shall possess, either on the individual's person or on or in
his/her
accessible property within a sterile or restricted area of the Airport, a
dangerous weapon or an item prohibited by FAA regulations, standard, order
or directive to be carried on aircraft.
21.12: Unescorted Access to SIDA Privileges
Any person who files a request for Unescorted Access Privileges to any
Security Identification
Display Area or for the issuance or renewal of any Identification Media,
which would allow
unescorted access to any Restricted Area of the airport, and whose request
is denied shall be
ineligible for unescorted access privileges for a period of two years
following issuance of such
denial, except at the discretion of the Authority.
21.13: Prima Facie Evidence
Any written citation or notice of violation issued by the Authority with
regard to a violation of
740 CMR 21.00 shall be prima facie evidence both of the facts contained
therein and that the
violation was committed by the person to whom the citation or notice of
violation was issued.
21.99: Penalties for Violation
(2) For each violation of 740 CMR 21.10, the following penalties may be
imposed:
(a) A fine of not more than $2,000; and/or
(b) Suspension of and/or disqualification for Identification Media or for
sponsorship
of Identification Media for such time as the Authority's Director of
Aviation may deem
appropriate; and/or
(c) Suspension or revocation of any or all privileges to perform aviation or
commercial services at the Airport for such period of time as the Authority's
Director of
Aviation may deem appropriate; and/or
(d) Criminal prosecution.
Subsequent sections are renumbered accordingly.
Boston-Logan International Airport And
Laurence G. Hanscom Field: 740 Cmr 21.00: Et Seq., And 22.01:
To delete 740 CMR 21.07 and 22.01:(2), and to amend 740 CMR 21.00, et seq.,
specifically
Sections 21.01 and 21.99, and to add the following Sections 21.10, 21.11,
21.12 and 21.13, as
follows:
21.01: [add to definitions]
(a) Air Carrier shall mean any Person conducting operations at the Airport
pursuant
to a federal certificate to conduct air transportation services.
(b) Security Identification Display Area ("SIDA") shall mean a Restricted
Area, as
defined in Section 21.03, and the AOA, for access to which the Authority
requires
Identification Media.
(c) Identification Medium/Media shall mean an Authority-issued or approved
authorization to enter into a SIDA.
(d) Holder shall mean a Person to whom an Identification Medium/Media has
been
issued.
(e) Piggybacking shall mean more than one person passing through a secured
area/
SIDA automated controlled access portal during a single entry of that portal
without each person using his/her individual access medium for verification
of
access authorization.
(f) Sterile Area shall have the meaning as defined in 14 CFR 108.3.
21.10: Security
(1) Display of ID Media. A Person in a SIDA shall clearly display on his/her
outermost
garments current and valid Identification Media that authorizes that person
unescorted access to
that SIDA. Any Person who fails to properly display his/her Identification
Media, shall be
considered to have entered into and to be present in the SIDA without
authorization, and shall be
subject to all penalties of violation of this section, including, without
limitation, criminal
prosecution for trespass.
(2) Escorted Access. Only an individual to whom current airport-approved
security media
have been issued ("Holder") and who is displaying such media may escort a
person authorized
by the Authority to be escorted into the SIDA. The Holder must continuously
accompany and
monitor the person(s) being escorted while within the secured area/SIDA in a
manner sufficient
to insure that the escorted person(s) is/are engaged in activities for which
escorted access was
granted, and, if not, take immediate action in accordance with Airport's
FAA-approved Security
Program. Failure to adhere to escorting procedures as defined here, whether
by the Holder and/or
escortee(s) shall constitute a violation by the Holder and the Holder's
employer-security badge
sponsor. The Holder must remain with the escorted person until the escorted
person's departure
from the SIDA.
(3) Challenge. A Holder shall challenge, in accordance with training
received as a condition
of the issuance of his/her Identification Media, any person who fails to
display current and valid
Identification Media that would authorize that person access to a SIDA. A
Holder shall
immediately report to the Authority and/or Massachusetts State Police, the
presence of any such
person.
(4) Entrance Through Controlled Access Points.
(a) No Person shall piggyback or attempt to piggyback or allow or attempt to
allow
any other Person to piggyback through any controlled access door to a SIDA.
(b) A Person accessing a Restricted Area through a controlled access door
shall
provide the personal identification information (e.g. personal
identification
number, retinal scan, fingerprint, facial recognition display) required for
authorized access through that controlled access door. Any person who fails
to
properly provide his/her personal identification information as required
hereunder
shall be considered to have entered and to be present in the SIDA without
authorization, and shall be subject to all penalties for violation of this
section,
including, without limitation, criminal prosecution for trespass.
(c) Any person opening, using, accessing or otherwise responsible for the
security of
a portal which allows access to any restricted area of the airport,
including but not
limited to the AOA, shall lock or otherwise secure such portal immediately
after
such use or when not in use, as the case may be.
(d) Any failure to comply with the provisions of this Section 4 shall
constitute a
violation by the Holder and the Holder's employer-security badge sponsor.
(5) Return of Identification Media.
(a) A person to whom Identification Media have been issued by the Authority
(the
Holder) or his/her employer security Identification Medium sponsor shall
deliver and
surrender such Identification Medium to the Director of Aviation:
(i) on or before the expiration date of the Identification Medium;
(ii) on or before the termination date of the Holder's employment with the
employer-sponsor of the Identification Medium;
(iii) immediately when the Holder's reported operational need for access to
the
restricted area(s) no longer exists;
(iv) on or before the date contained in any written request/demand by the
Authority; or
(v) immediately upon the in-person request/demand by the Authority.
(b) Any failure to comply with the provisions of Section 5(a) shall
constitute a
violation by the Holder and the Holder's employer-security Identification
Medium
sponsor.
(c) Each calendar day the Identification Medium is not delivered or returned
in
accordance with 5(a) of this Section shall be a separate violation.
(6) Air Carrier Compliance with FAA Security Requirements.
(a) An Air Carrier shall at all times be in compliance, as determined by the
FAA,
with FAA Security requirements, including 14 CFR Parts 108, 109 and 129, as
applicable, and with any FAA-approved Security Plan.
(b) Any violation, as determined by the FAA, by an Air Carrier's contractor,
agent or
employee of FAA security requirements, including 14 CFR Parts 108, 109 and
129, as
applicable or an Air Carrier's FAA-approved Security Plan shall constitute a
violation by
such Person and the Air Carrier, severally, of 740 CMR 21.10.
(7) Reimbursement for Evacuation. In the event the act(s) or omission(s) of
an Air Carrier,
its employee(s) or contractor(s) creates or contributes to a condition which
in the opinion of the
Direction of Aviation jeopardizes or adversely affects the security status
of any airport facility or
portion of any airport facility warranting or requiring the evacuation of
all in a portion of that
facility, that airline shall be responsible for and shall be assessed all
costs of and associated with
such evacuation.
(8) Compliance with FAA Regulations. All persons shall comply with all FAA
Regulations,
Part 107 (14 CFR Part 107), as it may be amended from time to time,
including, without
limitation, 14 CFR 107.11, and the Airport's Security Plan. Violation of an
FAA Regulation
Part 107 shall constitute a violation of this Section subject to the
penalties set out in Section
21:99.
(9) Violation. Any failure by a Holder to comply with the provisions of 740
CMR 21.10
shall constitute a violation of 740 CMR 21.10 by the Holder and the Holder's
employer-security
badge sponsor.
(10) Reimbursement for Penalties. Any person causing or responsible for any
security
violation, which results in the imposition of a monetary penalty upon the
Airport, shall reimburse
Massport for the full amount of the penalty.
21.11 Firearms and Dangerous Weapons
(a) Firearms and Explosives. No person (except federal or state law
enforcement
officers, officers, Post Office, Customs, express and air carrier employees
or
members of the Armed Forces of the United States and Massachusetts
National Guard on official duty, who are authorized and licensed to carry
firearms and explosives) shall carry any firearms or explosives on the
airport.
All persons other than those in the excepted classes shall, while on the
airport,
surrender all such objects in their possession to the Office in Charge of
State
Police Troop F.
(b) Dangerous Weapons and Prohibited Items. No person (except federal or
state
law enforcement officers, Post Office, Customs, or members of the Armed
Forces of the United States and Massachusetts National Guard on official
duty), unless authorized by the Authority, shall carry in a sterile area of
the
airport a knife or other dangerous weapon or any item or material prohibited
by Federal Aviation Regulations (including but not limited to 14 CFR Part
108) or any FAA orders or directives, to be carried upon an aircraft.
(c) An Air Carrier shall prevent the passage beyond its security checkpoint
of any
dangerous weapon or any item prohibited by FAA regulation, standard, order
or directive to be carried on aircraft.
(d) No person shall possess, either on the individual's person or on or in
his/her
accessible property within a sterile or restricted area of the Airport, a
dangerous weapon or an item prohibited by FAA regulations, standard, order
or directive to be carried on aircraft.
21.12: Unescorted Access to SIDA Privileges
Any person who files a request for Unescorted Access Privileges to any
Security Identification
Display Area or for the issuance or renewal of any Identification Media,
which would allow
unescorted access to any Restricted Area of the airport, and whose request
is denied shall be
ineligible for unescorted access privileges for a period of two years
following issuance of such
denial, except at the discretion of the Authority.
21.13: Prima Facie Evidence
Any written citation or notice of violation issued by the Authority with
regard to a violation of
740 CMR 21.00 shall be prima facie evidence both of the facts contained
therein and that the
violation was committed by the person to whom the citation or notice of
violation was issued.
21.99: Penalties for Violation
(2) For each violation of 740 CMR 21.10, the following penalties may be
imposed:
(a) A fine of not more than $2,000; and/or
(b) Suspension of and/or disqualification for Identification Media or for
sponsorship
of Identification Media for such time as the Authority's Director of
Aviation may deem
appropriate; and/or
(c) Suspension or revocation of any or all privileges to perform aviation or
commercial services at the Airport for such period of time as the Authority's
Director of
Aviation may deem appropriate; and/or
(d) Criminal prosecution.
Subsequent sections are renumbered accordingly.