17 AAC — Transportation and Public Facilities

Chapter 05 Administration

17 AAC 05.010 State highway system

(a) The state highway system includes highway facilities that fall within one of the following program classifications:

(1) highways that are included within the National Highway System established under 23 U.S.C. 103;

(2) the highway elements of the Alaska Highway System under 17 AAC 05.170(c);

(3) highways and transportation-related facilities designated under 17 AAC 05.170(d) (Community Transportation Program) or 17 AAC 05.170(e) (Trails and Recreational Access for Alaska (TRAAK) Program).

(b) The department will compile and publish a list of highway facilities that constitute the state highway system. In that list, the department will include

(1) the name common to or designated for each highway;

(2) each highway's numerical designation, if any;

(3) each highway's beginning and terminal points; and

(4) each highway's general route, identified by denoting principal settlements and landmarks along its course.

(d) To become official, designation of the state highway system must occur by means of a declaration of adoption by the commissioner. To become effective, a revision, addition, or deletion to that designation must occur by means of a similar declaration. The department will make available official maps of the system at cost.

(e) The provisions of (d) of this section do not apply to minor adjustments, revisions, or relocations, if the general location, route, and termini of each highway remain substantially unchanged and the class of the highway is not altered.

(f) The department may include both present and future routes in the state highway system, if future routes are suitably distinguished from present routes upon all maps, and in all recommendations and declarations of adoption by the commissioner.

History

Authority: AS 19.05.020; AS 19.10.020; AS 44.42.030
Eff. 6/25/69, Register 30; am 9/3/72, Register 43; am 3/8/2002, Register 161

17 AAC 05.020 Commissioner's deed

Whenever any real property, or interest therein, shall have been acquired by or transferred to the state through inadvertence or mistake in connection with highway purposes, the department shall prepare and submit a deed signed by the commissioner reconveying the right, title, or interest acquired. However, the reconveyance may not be executed until the state has been repaid the consideration, if any, for the acquisition or transfer.

History

Authority: AS 19.05.020; AS 19.05.040
Eff. 6/19/69, Register 30; am 9/3/72, Register 43

17 AAC 05.030 Off-system roads

Repealed.

History

Eff. 9/20/91, Register 119; repealed 3/8/2002, Register 161

17 AAC 05.040 Maintenance of off-system roads

Repealed.

History

Eff. 9/20/91, Register 119; repealed 3/8/2002, Register 161

17 AAC 05.045 Rest stops and pullouts

(a) A person may not park a vehicle or camp for longer than the posted limits in a highway rest stop or pullout located on the state highway system.

(b) Except for information posted on traveler information kiosks described in 17 AAC 60.401, a person may not advertise goods or services or solicit in a highway rest stop or pullout on the state highway system.

(c) Except for activities conducted by a government agency or a contractor acting on behalf of a government agency, a person may not sell goods or services or conduct a commercial activity that involves an exchange of goods or services in a highway rest stop or pullout on the state highway system.

History

Authority: AS 19.05.020; AS 19.10.020; AS 44.42.030
Eff. 3/1/2002, Register 161

17 AAC 05.080 Innovative construction contracting pilot program

(a) The innovative construction contracting pilot program may be used for the construction of a project that has unique requirements because of locale, climatic conditions, or environmental constraints, and the commissioner determines that use of this program for a particular project is in the best interests of the state. On a contract specific basis, the department will, in its discretion, provide for a bonus to encourage local industry, strengthen and stabilize the economy, decrease unemployment, or strengthen the tax and revenue base of the state, if the successful bidder, upon completion of performance on the contract, has achieved the goal for which the bonus is authorized.

(b) Award of a construction contract under the innovative construction contracting pilot program will be to the lowest responsible bidder that is responsive to the invitation to bid.

(c) The following sections from AS 36.30 are incorporated by reference and apply to the innovative construction contracting pilot program:

(1) AS 36.30.110 (invitation to bid);

(2) AS 36.30.120 (bid security);

(3) AS 36.30.130 (public notice of invitation to bid);

(4) AS 36.30.140 (bid opening);

(5) AS 36.30.150 (bid acceptance and bid evaluation);

(6) AS 36.30.160 (late bids);

(7) AS 36.30.170(a) (award to the lowest responsible and responsive bidder);

(8) AS 36.30.560 - 36.30.615 (bid protests);

(9) AS 36.30.620 - 36.30.630 (contract controversies); and

(10) AS 36.30.670 - 36.30.690 (hearings and appeals).

(d) The following sections from 2 AAC 12 are incorporated by reference and apply to the innovative construction contracting pilot program:

(1) 2 AAC 12.120 (invitations for competitive sealed bids);

(2) 2 AAC 12.130 (public notice);

(3) 2 AAC 12.140 (pre-opening correction or withdrawal of bids);

(4) 2 AAC 12.150 (receipt, opening, and recording of bids);

(5) 2 AAC 12.160 (late bids, late corrections, and late withdrawals);

(6) 2 AAC 12.170 (inadvertent errors discovered after opening but before award);

(7) 2 AAC 12.180 (bid evaluation and award);

(8) 2 AAC 12.190 (only one responsive bid received);

(9) 2 AAC 12.200 (documentation of award); and

(10) 2 AAC 12.210 (notice of intent to award).

(e) For the purposes of this section,

(1) "best interests of the state" has the meaning set out in sec. 8(e), ch. 59, SLA 1994;

(2) "innovative construction contracting pilot program" has the same meaning as "innovative construction procurement methods pilot program" described in sec. 8, ch. 59, SLA 1994.

History

Authority: Sec. 8, ch. 59,AS 19.05.020; AS 44.42.030 SLA 1994AS 35.05.020
Eff. 7/21/95, Register 135

17 AAC 05.090 Definitions

Repealed.

History

Eff. 9/20/91, Register 119; repealed 3/8/2002, Register 161

17 AAC 05.120 Statewide transportation planning process

In the statewide transportation planning process, the department will provide for

(1) data collection and analysis;

(2) consideration of objectives set out in 17 AAC 05.125;

(3) coordination of activities identified in 17 AAC 05.135;

(4) the development of a range of transportation options designed to meet the transportation needs of passengers and freight and the safety of persons and property, including all modes and their connections; and

(5) consideration of comments from the public and interested persons.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.125 Statewide transportation planning objectives

(a) In the statewide transportation planning process, the department will consider goals and objectives that will further

(1) the economic vitality of the state;

(2) the safety and security of users of the state's transportation system;

(3) accessibility and mobility options available to people and for freight;

(4) the integration and connectivity of various modes of the state's transportation system;

(5) the preservation of existing transportation systems; and

(6) any metropolitan area plan developed under 23 U.S.C. 134 and 49 U.S.C. 5303-5306.

(b) When formulating its goals and objectives in the statewide transportation plan, and the strategies to implement those goals and objectives, the department will consider the concerns of interested persons and minimize any adverse environmental, economic, or social impact of those goals and objectives upon any segment of the population.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.130 Statewide transportation plan

(a) In the statewide transportation plan, the department will present the goals and objectives that will guide the development for a forecast period of 20 years for each of the state's modes of transportation. In the plan the department will consider means and costs of improving existing modes and facilities, whether each project is expected to qualify for state and federal financing, and the costs and benefits of new transportation modes and facilities. The department will develop the plan to address the entire state, and will include in the plan separate components, subdivided by geographic region, modes of transportation, and other distinctions relevant to statewide transportation planning

(b) The department will update the statewide transportation plan at least every five years to reflect population and economic trends, transportation service demands, changes in technology, economic development projects, and the identification of new transportation objectives.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.135 Public participation in the statewide transportation planning process

(a) To give notice of a proposed update to the statewide transportation plan and invite persons to participate in a public review group to be formed under 17 AAC 05.140, the department will

(1) publish the notice in a newspaper of general circulation;

(2) provide written notice to interested persons and incumbent state legislators; and

(3) post the notice on the Alaska Online Public Notice System established under AS 44.62.175.

(b) In a notice provided under (a) of this section, the department will set out

(1) a summary of parts of the plan to be updated;

(2) a summary of the scope of the updated plan;

(3) the general plan for public participation activities; and

(4) a means of contacting the department by providing

(A) a mailing address;

(B) a toll-free telephone number;

(D) an electronic mail address; and

(E) a telephone number to allow participation by the hearing impaired.

(1) a postcard that the recipient can mail back to request further inclusion in the planning process;

(2) a brief questionnaire soliciting comments regarding the existing plan, proposals or changes to the plan, and suggestions for improving public involvement;

(3) a means, other than a means described in (1) or (2) of this subsection, for persons to provide immediate comments.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.140 Methods for receiving public input

(a) Not less than 45 days after notice is first published under 17 AAC 05.135(a)(1) of a proposed update to the statewide transportation plan, the department will form a public review group for the proposed update to the plan. In the public review group the department will include any person that

(1) responded under 17 AAC 05.135(c); or

(2) requests inclusion in the review process.

(b) The department will give members of a public review group written notice of all materials prepared during the update of the statewide transportation plan. In that notice, the department will state that copies of any specific documents are available upon request, and will identify any web site where documents are posted.

(1) responding to a questionnaire provided under 17 AAC 05.135(c)(2);

(2) contacting the department staff by a means identified under 17 AAC 05.135(b)(4); or

(3) submitting comments at a public meeting conducted by the department on the revision of the statewide transportation plan.

(d) For any update of the statewide transportation plan, the department will conduct at least one public meeting to solicit comments from members of the public and interested persons. The department will provide notice of a public meeting in a manner that the department considers effective to notify affected communities and members of the public who are expected to attend.

(e) After considering public comments, the department will issue a draft statewide transportation plan. The commissioner may appoint a public advisory committee, with at least six members whom the commissioner considers representative of community or transportation interests, to review the public comments received under (c) and (d) of this section and recommend options for policy development or strategies for inclusion in the updated plan.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.145 Public review of the draft plan

(a) The department will provide written notice to interested persons and members of the public review group formed under 17 AAC 05.140 that the draft statewide transportation plan is available on request, and will identify a web site where the plan is posted. The department will distribute copies to municipal public libraries.

(b) The department will include a questionnaire with each copy of the draft statewide transportation plan that solicits comments regarding the draft plan. The department will conduct at least one public meeting to solicit comments from members of the public and interested persons on the draft statewide transportation plan. The department will provide notice of a public meeting in a manner that the department considers effective to notify affected communities and members of the public who are expected to attend.

(c) The department will set a public review and comment period for the draft statewide transportation plan of at least 45 days, commencing three days after notice of the availability of the draft statewide transportation plan is released to interested persons and the public review group.

(d) The department will make available upon request comments received during the public comment period and the department's responses to those comments.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.150 Adoption of the statewide transportation plan

(a) Not more than 90 days after the end of the public review period for the draft transportation plan under 17 AAC 05.145, the commissioner, after considering the public comments received, will adopt an updated statewide transportation plan that serves the best interests of the state. The commissioner may extend the date for the adoption of the updated statewide transportation plan an additional 120 days.

(b) Within 15 days after adoption of the updated statewide transportation plan by the commissioner, the department will provide written notice of the adoption to interested persons, the public review group formed under 17 AAC 05.140, and any public advisory committee appointed under 17 AAC 05.140(e).

(c) When the commissioner adopts a printed document or map as a component of the statewide transportation plan, the department will include an adoption page bearing the signature of the commissioner and date of adoption. Each page and map must bear the notation "An approved component of the Alaska Statewide Transportation Plan" followed by the month, day, and year of the commissioner's adoption of the entire document.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.155 Statewide transportation improvement program (STIP)

(a) At least every three years, the department will develop a statewide transportation improvement program (STIP). The purpose of the STIP is to schedule the expenditure of surface transportation money on designated projects over a three-year period.

(b) During the development of the STIP, and after consultation with all municipalities contained within a metropolitan planning organization (MPO) and notice to interested parties outside an MPO, the commissioner will make a written determination of the level of federal financing allocated under 17 AAC 05.170(d) (Community Transportation Program) and 17 AAC 05.170(e) (Trail and Recreational Access for Alaska (TRAAK) Program) to an MPO. In that determination, the commissioner will equitably allocate financing for surface transportation according to one or more of the following criteria:

(1) the number of lane miles of existing and proposed highways and roads in each metropolitan planning area as compared to the remainder of the state;

(2) the geometric and functional deficiencies of highways and roads in each metropolitan planning area as compared to the remainder of the state;

(3) the number of miles of sidewalks, trails, and waysides in each metropolitan planning area as compared to the remainder of the state;

(4) the number of vehicle miles traveled or traffic congestion in each metropolitan planning area as compared to the remainder of the state;

(5) the number and severity of traffic accidents in each metropolitan planning area as compared to the remainder of the state;

(6) the capacity of the tax and employment base to contribute local money to the cost of surface transportation within each metropolitan planning area as compared to the remainder of the state;

(7) the population within each metropolitan planning area as compared to the remainder of the state;

(8) the degree of unmet need for new or improved transportation features within each metropolitan planning area as compared to the remainder of the state;

(9) consideration of the unmet needs for minority and low-income population in each metropolitan planning area compared to the remainder of the state.

(c) In consultation with each MPO, the department will estimate the total amount of money available, by federal category, for the MPO's metropolitan transportation improvement program (TIP), including federal money available under (b) of this section, and state and local money for any project included in the TIP as required by 23 C.F.R. 450.324(f)(3). The department will include a metropolitan planning area's TIP without modification in the STIP, but only if each TIP has been approved by its MPO and the governor, or by the MPO and a designee of the governor if acceptable to the United States Department of Transportation for purposes of approval under 23 U.S.C. 135(f), 23 C.F.R. 450.216(a), and 23 C.F.R. 450.220.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.160 Public participation in STIP process

(a) At least every three years, the department will provide for participation in development of the STIP by

(1) interested persons;

(2) MPOs; the department will involve MPOs on a cooperative basis for the portions of the STIP affecting metropolitan planning areas;

(3) in areas outside of metropolitan planning areas, local officials with responsibility for transportation; and

(4) members of the public.

(b) In a notice provided under (c), (e), or (f) of this section, the department will set out means to contact the department through

(1) a mailing address;

(2) a toll-free telephone number;

(3) a toll-free fax number;

(4) an electronic mail address; and

(5) a telephone number to allow participation by the hearing impaired.

(c) The department will solicit nominations of projects for inclusion into the STIP by classification under 17 AAC 05.170. To solicit nominations, the department will give notice by publishing that notice in a newspaper of general circulation, posting that notice on the Alaska Online Public Notice System established under AS 44.62.175, and providing written notice to interested persons and MPOs. In the notice, the department may include a description of the relative weights assigned to the applicable evaluation criteria for the projects in each project category listed in 17 AAC 05.175, or the department may provide notice of changes to the relative weights in a separate notice and public review period. Whether combining notices or providing notices separately, the department will allow at least 30 days after release of a notice for respondents to submit their nominations to the department and to comment upon the relative weights assigned to the applicable evaluation criteria for the projects in each project category.

(d) After nominations are submitted, the department will include them in the project needs list and prepare a draft STIP that evaluates those projects statewide under 17 AAC 05.175.

(e) The department will publish a notice at least once in a newspaper of general circulation, and provide written notice to interested persons, MPOs, and local officials from areas outside MPOs, that an updated project needs list and a draft STIP have been prepared. If requested, the department will provide a copy of the project needs list and the draft STIP. The department will allow not less than 45 days after notice is released for review and comment upon the project needs list and draft STIP. During the review and comment period, the department will conduct at least one public meeting to solicit comments from members of the public, interested persons, and other participants under this section. The department will provide notice of a public meeting in a manner that the department considers effective to notify affected communities and members of the public who are expected to attend.

(f) The department will provide written notice of the availability of a draft STIP prepared under 17 AAC 05.180 to the participants listed in (a) of this section.

(g) The department may conduct public meetings to solicit comments on the draft STIP from members of the public and interested persons. The department will provide notice of any public meeting in a manner that the department considers effective to notify affected communities and members of the public who are expected to attend.

(h) The department will not amend the STIP without first, if required, giving notice under 17 AAC 05.195.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161; am 5/7/2005, Register 174

17 AAC 05.165 General requirements for the STIP

(a) In a STIP the department will list surface transportation projects to be completed in the next three years, evaluated and prioritized in each year to serve the state's best interests. Project prioritization within a metropolitan planning area is determined by its MPO in its TIP.

(b) Projects included in the STIP must be consistent with the statewide transportation plan developed under 17 AAC 05.120 - 17 AAC 05.150.

(1) estimated total project cost; the total project cost may extend beyond the three years of the STIP;

(2) state, federal, and other financing that is available for the project; and

(3) amount of financing proposed for obligation during each program year for the project or phase.

(d) Projects that are not considered of appropriate scale for individual identification in a given program year may be grouped by the categories set out in 17 AAC 05.175(b) - (f), by function, by work type, or by geographic area.

(e) The department will include, as projects listed in the STIP, surface transportation projects eligible for financing under 23 U.S.C. or 49 U.S.C. 5301 - 5338, except for

(1) projects in a metropolitan planning area that are financed with amounts allocated for projects classified under 17 AAC 05.170(d) (Community Transportation Program) or 17 AAC 05.170(e) (Trails and Recreational Access for Alaska (TRAAK) Program); and

(2) state planning and research projects funded under 23 U.S.C. 505 and 49 U.S.C. 5313(b).

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.170 Project classification

(a) The department will classify projects in one of the following categories:

(1) the National Highway System, including ferries and terminals;

(2) the Alaska Highway System;

(3) the Community Transportation Program; and

(4) the Trails and Recreational Access for Alaskans (TRAAK) Program.

(b) Highways in the National Highway System and the Alaska Highway System are eligible for inclusion in the STIP but are not evaluated by the department under 17 AAC 05.175. Except for projects to which 17 AAC 05.200 applies, the department will evaluate the projects within the Community Transportation Program and the Trails and Recreational Access for Alaska Program by the scoring criteria under 17 AAC 05.175.

(c) The Alaska Highway System includes existing or planned surface facilities that are of statewide significance though not included in the National Highway System. The Alaska Highway System specifically includes

(1) marine vessels and facilities, including

(A) Alaska Marine Highway System terminals and vessels that are not included in the National Highway System; and

(B) terminals and vessels owned and operated by political subdivisions of the state that provide service between communities in the state;

(2) Craig-Klawock-Hollis Highway, from Craig to Clark Bay;

(3) Copper River Highway, from Cordova to end;

(4) Denali Highway, from Richardson Highway to Parks Highway;

(5) Aleknagik Lake Road, from Kanakanak Road to the village of Aleknagik;

(6) Edgerton Highway and McCarthy Road, from Richardson Highway to end;

(7) Elliott Highway, from the Dalton Highway junction to end;

(8) Glacier Highway, from the Auke Bay Ferry Terminal to Echo Cove;

(9) Klawock Airport Road, from Klawock Airport to Big Salt Lake Road;

(10) Big Salt Lake Road, from Craig-Klawock-Hollis Highway to end;

(11) Hope Highway, from Seward Highway to Hope;

(12) Thorne Bay Road, from Big Salt Lake Road to Thorne Bay;

(13) North Prince of Wales Road, from the Big Salt Lake Road junction to the Coffman Cove junction;

(14) King Salmon-Naknek Road, from Naknek to King Salmon;

(15) Nabesna Road, from Tok Cutoff to Nabesna;

(16) Nome-Teller Highway, from Nome to Teller;

(17) Nome-Council Highway, from Nome to Council;

(18) Kougarok Road (Nome-Taylor Highway), from Nome-Council Highway to its end at the historic community of Taylor;

(19) Steese Highway, from the Elliott Highway junction to Circle Hot Springs;

(20) Minto Spur, from Elliott Highway to Minto;

(21) Northway Road, from Alaska Highway to Northway;

(22) Mentasta Road, from Tok Cutoff to Mentasta;

(23) Lake Louise Road, from Glenn Highway to Lake Louise;

(24) Clear Road/Anderson Road, from Parks Highway to Anderson;

(25) Chena Hot Springs Road, from Steese Highway to Chena Hot Springs;

(26) Old Glenn Highway, from Palmer to the Glenn Highway;

(27) Palmer-Wasilla Highway, from Glenn Highway to Parks Highway;

(28) Petersville Road, from Parks Highway to end;

(29) Talkeetna Road, from Parks Highway to end;

(30) Taylor Highway, from Alaska Highway to Eagle;

(31) Top of the World Highway, from Taylor Highway to Canadian border;

(32) North Tongass Highway, from the Ketchikan Airport Ferry Terminal to end;

(33) South Tongass Highway, from Bawden Street to end;

(34) Pile Bay Road, from Williamsport to Pile Bay;

(35) Eureka to Rampart Road, from Elliott Highway to Rampart;

(36) Chiniak Highway, from Sargent Creek Road to Pasagshak Road;

(37) Pasagshak Road, from Chiniak Highway to the Kodiak Missile Launch Complex;

(38) Rezanof Drive West, from Airport Terminal Road to Chiniak Highway;

(39) Anton Larson Bay Road, from Cape Chiniak Road to milepost 12.3;

(40) Mitkof Highway, from the Petersburg Ferry Terminal to the planned ferry terminal on the south end of Mitkof Island;

(41) Chignik Connector, a planned route linking Chignik to Chignik Lagoon and Chignik Lake;

(42) South Naknek Access, a planned route crossing the Naknek River from South Naknek to King Salmon-Naknek Road; and

(43) Iliamna to Nondalton Road.

(d) Projects in the Community Transportation Program include surface transportation facilities of local or regional significance that are owned by the state or its political subdivisions, that are not included in the National Highway System, and that are not included in the Alaska Highway System. Project categories in this program include rural and urban streets, remote roads and trails, transit projects, and intelligent transportation systems.

(e) Projects in the Trails and Recreational Access for Alaska (TRAAK) Program

(1) are those that qualify for financing under

(A) 16 U.S.C. 460l-4 - 460l-11 (Land and Water Conservation Fund Act of 1965);

(B) 23 U.S.C. 206 (Recreational Trails Program); or

(C) the Intermodal Surface Transportation Efficiency Act of 1991 (P.L. 102-240) and subsequent amendments and reauthorizations; and

(2) include trails that tie neighborhoods, parks, and commercial areas together, bike and pedestrian trails, trail heads, interpretive waysides, picnic areas, and rest stops.

History

Authority: AS 19.05.020; AS 19.10.140 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.175 Project needs list and evaluation

(a) Projects nominated for a project needs list under 17 AAC 05.160 may, after public review and comment, be incorporated in the STIP. Except for projects classified in the National Highway System, classified under 17 AAC 05.170(c) in the Alaska Highway System, or exempt under 17 AAC 05.200, the department will evaluate and score projects regionally and statewide according to criteria applicable to each transportation program.

(b) For rural and urban streets projects classified under 17 AAC 05.170(d) (Community Transportation Program), the evaluation criteria are

(1) economic benefits resulting from the project;

(2) the project's effect upon health and quality of life;

(3) whether the project enhances the safety of the traveling public;

(4) whether the project improves intermodal transportation or lessens redundant facilities;

(5) whether a municipality, another state agency, or a federal agency has made a contribution to finance capital costs;

(6) whether a municipality, another state agency, or a federal agency has made a commitment to assume ownership or to finance maintenance and operations costs;

(7) whether the project will lower state maintenance and operation costs;

(8) environmental approval readiness;

(9) whether the project involves only surface rehabilitation;

(10) evaluation of cost, length, and the existing roadway's average annual daily traffic count;

(11) whether the project replaces deficient bridges;

(12) whether the project corrects deficient roadway width, grade, or alignment;

(13) the functional classification of the project;

(14) the degree to which the project exhibits innovation in the manner in which it addresses the project's challenges; and

(15) the degree of public support.

(c) For remote roads and trails projects classified under 17 AAC 05.170(d) (Community Transportation Program), in communities not connected to the continental road network by road or ferry, the evaluation criteria are

(1) economic benefits resulting from the project;

(2) the project's effect upon health and quality of life;

(3) whether the project enhances the safety of the traveling public;

(4) whether the project improves intermodal transportation or lessens redundant facilities;

(5) whether a municipality, another state agency, or a federal agency has made a contribution to finance capital costs;

(6) whether a municipality, another state agency, or a federal agency has made a commitment to assume ownership or to finance maintenance and operations costs;

(7) whether the project lowers state maintenance and operations costs;

(8) environmental approval readiness;

(9) whether the project improves access to water sources, landfills, sewage lagoons, sanitary waste disposal sites, health care, airports, subsistence harvest sites, or a river or ocean;

(10) whether the project preserves an existing facility;

(11) whether the project is a joint project with

(A) the Department of Environmental Conservation;

(B) the United States Department of Interior, Bureau of Indian Affairs;

(D) a tribal entity;

(E) a federal or state agency other than one identified in (A) - (C) of this paragraph;

(12) the degree to which the project exhibits innovation in the manner in which it addresses the project's challenges; and

(13) the degree of public support.

(d) For transit projects classified under 17 AAC 05.170(d) (Community Transportation Program), the evaluation criteria are

(1) economic benefits resulting from the project;

(2) the project's effect upon health and quality of life;

(3) whether the project enhances the safety of the traveling public;

(4) whether the project improves intermodal transportation or lessens redundant facilities;

(5) whether a municipality, another state agency, or a federal agency has made a contribution to finance capital costs;

(6) whether a municipality, another state agency, or a federal agency has made a commitment to assume ownership or to finance maintenance and operations costs;

(7) environmental approval readiness;

(8) whether the project is necessary for system continuity;

(9) whether the project increases the level of service or capacity;

(10) whether the project is listed in the state air quality control plan, as adopted by reference in 18 AAC 50.030;

(11) whether the local transit agency has exhausted financing sources from the United States Department of Transportation, Federal Transit Administration;

(12) whether the project supports coordinated service or brokerage, involving the cooperation of two or more transportation providers, including transit organizations and non-governmental agencies, to provide transportation for the elderly and disabled;

(13) whether the project increases mobility for the disadvantaged; and

(14) the degree to which the project exhibits innovation in the manner in which it addresses the project's challenges.

(e) For intelligent transportation systems (ITS) classified under 17 AAC 05.170(d) (Community Transportation Program), the evaluation criteria are

(1) the degree to which the project furthers the goals of efficiency with reliability, safety and security, improvement of the quality of life, and the facilitation of transitions between modes of transportation;

(2) whether the project furthers the department's operations and efficiency;

(3) whether the project furthers integration between activities within the department or other ITS activities;

(4) whether the project furthers integration with activities external to the department conducted by state and federal agencies, municipalities, or private sector organizations;

(5) whether a municipality, another state agency, a federal agency, or a private sector organization has made a contribution to finance project development;

(6) whether a municipality, another state agency, a federal agency, or a private sector organization has made a commitment to finance maintenance and operations costs;

(7) the total amount of the project's capital cost and operating costs for five years of operations;

(8) the degree to which the project is consistent with state and national standards for system architecture;

(9) the degree to which the project is consistent with national standards for ITS hardware;

(10) the degree to which the project uses technology that has proven in past projects to be sustainable in an environment comparable to the environment in the state;

(11) whether the project has a clear and complete implementation and operational plan;

(12) whether the project technology expands ITS potential beyond the project's parameters;

(13) whether benefits from the project accrue to more than one of the department's regions; and

(14) the degree to which the project is consistent with and furthers goals and objectives of the statewide transportation plan adopted under AS 19.10.140 and 17 AAC 05.120.

(f) For projects classified under 17 AAC 05.170(e) (Trails and Recreational Access for Alaska (TRAAK) Program), the evaluation criteria are

(1) the project's effect upon health and quality of life;

(2) whether the project enhances the safety of a user of a trail;

(3) whether a municipality, another state agency, or a federal agency has made a contribution to finance capital costs in the form of money or material contributions; for purposes of this paragraph, material contributions include land and building materials;

(4) whether a municipality, another state agency, or a federal agency has made a commitment to assume ownership or to finance maintenance and operations costs;

(5) departmental maintenance and operations costs and priority;

(6) whether the project bridges gaps or removes barriers between existing trail systems or provides interpretive or rest area continuity;

(7) whether the project is tied to a recreational, educational, or tourism event or activity, and the public's support of that event;

(8) whether the project has significance because of historical, cultural, natural, archaeological, or recreational considerations;

(9) whether the project stabilizes or renovates an historic transportation property;

(10) capital cost; and

(11) the degree to which the project exhibits innovation in the manner in which it addresses the project's challenges.

(g) Under the criteria set out in this section, and using the methodology set out in (j) of this section, members of each regional transportation planning staff shall evaluate and establish preliminary scores for projects nominated from that office's region for the project needs list. The department will establish minimum scores for each project category established under this section, that entitles the projects that score more than the applicable minimum score to be considered in the statewide evaluation of projects under this section.

(h) A project evaluation board (PEB), appointed by the commissioner, shall evaluate and score the projects, nominated and prioritized by each region, for the draft STIP using the methodology set out in (i) of this section. The PEB consists of

(1) a deputy commissioner from the department, or the deputy commissioner's designee;

(2) the director of the department's division of statewide design and engineering services, or the director's designee;

(3) the director of the department's division of program development, or the director's designee; and

(4) the directors of the department's regional offices, or their designees;

(5) repealed 5/7/2005.

(i) To arrive at the final statewide list of projects for inclusion in the STIP, the department will select the projects with the highest scores in each program for inclusion in the STIP, based upon fiscal constraints, score, project development considerations, and the state's best interests.

(j) During an evaluation under (g) and (h) of this section, and 17 AAC 05.180, each evaluator shall score each project using the evaluation criteria applicable to each category of project. Each evaluator shall then determine the total project score by multiplying the individual scores by the weight of each criterion, and then adding the total for all criteria. The final project scores for each evaluator will be averaged to provide a mathematical score for all scorers. The average score for each project will be used for the purposes of evaluating projects for each category. The relative weight assigned the evaluation criteria for each category of projects and the mathematical techniques used to differentiate the projects, will be included in the project criteria notice issued under 17 AAC 05.160, and may be discussed during any public meeting on the project needs list and draft STIP.

(k) A meeting of the PEB under (h) of this section is a public meeting under AS 44.62.310. Notice satisfying the requirements of AS 44.62.310 will be given to interested persons not less than 14 days before the meeting. The department will make available at a meeting under (h) of this section, for inspection by the public and interested persons, one set of the briefing materials provided to the PEB members.

(l) Before the department will consider a municipality's commitment to provide financing for construction or maintenance, or assumption of ownership, in the evaluation of a particular project under (g) and (h) of this section, or 17 AAC 05.180, the municipality shall authorize, by resolution or ordinance, the execution of an agreement with the state promising to perform the specified act. If the municipality breaches its obligation under that agreement before the advertisement of a project for construction, the department will reevaluate each project nominated by the municipality without consideration of the local contribution of money, or local ownership, with possible removal of the project from the STIP upon reevaluation. If the municipality breaches its obligation under that agreement after the advertisement of a project for bid, the department may proceed forward with construction to completion of the project. In the evaluation of other projects in the municipality in the succeeding six years after the breach, the department will not include any consideration of a local contribution toward the cost of construction, the cost of maintenance and operation of a facility, or ownership of a facility upon completion, until the municipality cures its earlier breach of an agreement executed under this subsection, to the department's satisfaction.

(m) In addition to the criteria listed in (b) - (f) of this section, when evaluating projects under (a) of this section, the department will use a simplified cost effectiveness methodology to consider the relative cost of projects. Cost effectiveness will be determined by subtracting the estimated transportation-related savings from the project's estimated cost and dividing the result by the latest population estimate available for the area served by the project.

History

Authority: AS 19.05.020; AS 19.10.140; AS 44.42.050 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161; am 5/7/2005, Register 174

17 AAC 05.180 Draft STIP and adoption of the final STIP

(a) Repealed 5/7/2005.

(b) After the close of the review and comment period for the draft STIP and project needs list under 17 AAC 05.160, the department will consider the comments received and prepare the final STIP. The final STIP is not in force until it is approved by the United States Department of Transportation under 23 U.S.C. 135(f) and 23 C.F.R. 450.220. Within 10 working days after that approval, the department will give notice of the final STIP's adoption by publication in a newspaper of general circulation, by posting notice on the Alaska Online Public Notice System established under AS 44.62.175, and by written notice to interested parties.

History

Authority: AS 19.05.020; AS 19.10.140; AS 44.42.050 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161; am 5/7/2005, Register 174

17 AAC 05.185 STIP protests

An interested person aggrieved with the evaluation of projects under 17 AAC 05.180 may, within 15 days after the release of a notice of adoption under 17 AAC 05.180, file objections with the commissioner. The commissioner may issue a decision on the objections. If the commissioner does not issue a decision on any timely filed objections within 45 days after their receipt, the objections will be considered denied and the project will be considered in the next evaluation cycle under 17 AAC 05.175. The commissioner's action sustaining or denying an objection is the final agency action on the issue raised. Absent a court order, a pending appeal does not stay the execution of the STIP.

History

Authority: AS 19.05.020; AS 19.10.140; AS 44.42.050 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.190 Financial data

(a) In the STIP, the department will include a financial summary that

(1) demonstrates an implementation strategy for the STIP;

(2) indicates resources that are reasonably available to carry out the STIP, by the categories set out in 17 AAC 05.175(b) - (f); and

(3) recommends, if necessary, additional financing strategies for needed projects and programs.

(b) Except for projects to which 17 AAC 05.200 applies, the department will annually allocate non-restricted federal apportionments to the classifications listed in 17 AAC 05.170(a) as follows:

(1) except as provided in (c) of this section, the department will allocate at least 48 percent to the National Highway System;

(2) the department will allocate at least eight percent to the Alaska Highway System;

(3) the department will allocate at least 39 percent to projects classified under 17 AAC 05.170(d) (Community Transportation Program);

(4) the department may allocate up to two percent to projects classified under 17 AAC 05.170(e) (Trails and Recreational Access for Alaska (TRAAK) Program).

(c) In the state's best interests, the commissioner may reallocate money allocated under (b)(1) of this section to the National Highway System to the Alaska Highway System.

History

Authority: AS 19.05.020; AS 19.10.140; AS 44.42.030 AS 19.05.030; AS 19.15.025; AS 44.42.050
Eff. 3/8/2002, Register 161; am 12/30/2006, Register 180

17 AAC 05.195 Amendment of the STIP

(a) At any time, the department may amend the STIP because of

(1) a change in the amount of money available for a project;

(2) emergency requirements;

(3) unanticipated delays in completing a project or a phase of a project;

(4) a change in the scope, cost, or development of a project; or

(5) the state's best interests.

(b) The department will make a major amendment of the STIP only after giving public notice with an opportunity to comment as required by (d) of this section. If the STIP amendment delays a project, the department will note the new years of activity for that project. The department will consider one or more of the following to constitute a major amendment of the STIP:

(1) the addition of a new project requiring an environmental assessment or an environmental impact statement under 42 U.S.C. 4332 (National Environmental Policy Act);

(2) a change to an existing project that, under 23 U.S.C. 135(f)(2)(C)(iii), requires an air quality conformity determination;

(3) a change in a project that requires a change in a previously approved environmental assessment or environmental impact statement under 42 U.S.C. 4332 (National Environmental Policy Act);

(4) the deletion of a project.

(c) The department need not give public notice under (d) of this section for an amendment of the STIP other than a major amendment as described in (b)(1) - (4) of this section.

(d) The department will provide notice of a proposed major amendment to the STIP by publication of a notice in a newspaper of general circulation in the geographic area of the project, and by written notice informing interested persons and any MPO affected by the amendment of the STIP. In the notice, the department will describe the amendment and the impact of the amendment upon the STIP, will solicit comments regarding the amendment, and will provide for a comment period on the proposed amendment of the STIP of not less than 30 days after the publication of the notice.

(e) An amendment to the STIP is not in force until it is approved by the United States Department of Transportation under 23 U.S.C. 135(D and 23 C.F.R. 450.220. If the amendment is subject to a review and comment period under (b) of this section, the department will prepare the final STIP amendment after the close of that period and after considering any comments received. The department will submit the final STIP amendment to the United States Department of Transportation for approval under 23 U.S.C. 135(f) and 23 C.F.R. 450.220. Within five days after that approval, the department will give notice of the final STIP amendment's adoption by publication in a newspaper of general circulation, by posting notice on the Alaska Online Public Notice System established under AS 44.62.175, and by written notice to interested persons.

History

Authority: AS 19.05.020; AS 19.10.140; AS 44.42.050 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.200 Mandatory and other classes of projects not subject to scoring

(a) The following types of programs or projects may be included in any project classification of the STIP under 17 AAC 05.170, without following the scoring process under 17 AAC 05.175 or the allocation by program under 17 AAC 05.190 for a non-restricted federal apportionment:

(1) safety, infrastructure, and transportation security;

(2) projects to address air or water quality issues or other environmental concerns not part of any specific surface transportation project;

(3) research, planning, or data collection related to surface transportation;

(4) inspection and evaluation of surface transportation facilities;

(5) training and educational opportunities for staff and the public related to surface transportation issues;

(6) preventive maintenance or critical repair, and maintenance of surface transportation facilities;

(7) seismic retrofit of transportation bridges and features;

(8) civil rights matters not related to any specific surface transportation project;

(9) highway use tax evasion projects financed under 23 U.S.C. 143;

(10) projects specifically appropriated by the United States Congress;

(11) emergency requirements;

(12) management systems related to surface transportation systems;

(13) projects for the Alaska Railroad Corporation financed by the United States Department of Transportation, Federal Transit Administration or Federal Railroad Administration;

(14) any project or activity, related to surface transportation, the completion of which is considered to be in the state's best interest.

(b) The department may include projects listed in (a) of this section in an existing STIP as a minor amendment under 17 AAC 05.195(c).

(c) If a project is specifically recommended in a statewide transportation plan adopted under 17 AAC 05.150, the department may include that project in any project classification of the STIP under 17 AAC 05.170, without following the scoring process under 17 AAC 05.175. The department may include a project identified in a statewide transportation plan newly adopted under 17 AAC 05.150 in an pre-existing STIP as a minor amendment under 17 AAC 05.195(c).

History

Authority: AS 19.05.020; AS 19.10.140; AS 44.42.050 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.985 Best interest

When making a decision in the state's best interest, the department will exercise discretion to address, in furtherance of this chapter, factors of significance to the department in the matter under consideration. The department will document in writing the decision of a matter on the basis of the state's best interest and memorialize the factors of significance that affected the decision.

History

Authority: AS 19.05.020; AS 19.10.140; AS 44.42.050 AS 19.05.030; AS 44.42.030
Eff. 3/8/2002, Register 161

17 AAC 05.990 Definitions

(a) In this chapter, unless the context requires otherwise,

(1) "commissioner" means the commissioner of transportation and public facilities;

(2) "department" means the Department of Transportation and Public Facilities;

(3) "emergency requirements" means requirements to address circumstances that cause or threaten damage or destruction of a highway facility or a loss of life or property;

(4) "environmental approval readiness" means the extent to which a project has already received a required environmental approval under 42 U.S.C. 4332 (National Environmental Policy Act) or to which the department considers the project ready to receive that approval in an expeditious fashion;

(5) "functional classification" means the grouping of streets and highways into classes or systems according to the character of service they are intended to provide in relation to the total public road system;

(6) "highway rest stop or pullout" means an area alongside a roadway that allows a person to drive the person's vehicle off the roadway and park it a safe distance from the traveled portion of the roadway;

(7) "intelligent transportation system" or "ITS" means an integration of advanced sensor, computer, electronics, and communications technologies and management strategies to provide traveler information, or to increase the safety or efficiency of the surface transportation system;

(8) "interested person" means

(A) a person that has expressed an interest in or that the department believes is interested in transportation issues;

(B) a municipal government and its elected officials;

(D) a member of a board of an association that receives money under AS 29.60.140;

(E) the Trails and Recreational Access for Alaska Citizen's Advisory Board established for purposes of compliance with 23 U.S.C. 206(c)(2);

(F) a regional or village corporation organized under 43 U.S.C. 1601-1628 (Alaska Native Claims Settlement Act);

(G) a federal or state land management agency;

(H) a federal or state environmental agency; and

(I) public or private provider of transportation services;

(9) "metropolitan planning area" means an area for which a metropolitan area plan has been developed under 23 U.S.C. 134 and 49 U.S.C. 5303 - 5306;

(10) "metropolitan planning organization" or "MPO" means an organization formed to meet the requirements of 23 U.S.C. 134 and 49 U.S.C. 5303 - 5306;

(11) "modes of transportation" means transportation accomplished by motorized vehicles, airplanes, rail, boats, ferries, bicycles, snow machines, and foot;

(12) "National Highway System" means the system of highways established under 23 U.S.C. 103;

(13) "non-restricted federal apportionment" means federal money allocated to the state under federal law that is not earmarked for any specific project or category of project;

(14) "PEB" means a project evaluation board appointed under 17 AAC 05.175(h);

(15) "project needs list" means a continuously updated, database-generated list of projects nominated for inclusion in the next STIP;

(16) "public meeting" means an open house, a facilitated meeting, a workshop, a public hearing, a department-hosted radio or television call-in show, or another meeting format that the department considers most likely to encourage comments from members of the public who attend;

(17) "STIP" means the statewide transportation improvement program;

(18) "surface transportation," "surface transportation facilities," or "surface transportation system"

(A) means all systems used to move the traveling public and freight; and

(B) includes motorized vehicles, airplanes, boats, rail, bicycles, snow machines, and trails;

(19) "TIP" means an MPO's transportation improvement program;

(20) "transit" means a system for the movement of persons by motorized vehicle, rail, or ferry;

(21) "written notice" means notice that is delivered by FAX, mail, or electronic mail;

(22) "working day" means a calendar day, except Saturday, Sunday, or a state holiday.

(b) As used in AS 44.42.050(a), "new transportation modes and facilities"

(1) means projects that will initiate a transportation alternative where no transportation alternative exists that serves the same purpose and need; and

(2) does not include projects that reconstruct, rehabilitate, realign, improve, or add capacity to an existing roadway, trail, airport, ferry route, transit route, or harbor.

History

Authority: AS 19.05.020; AS 19.10.020; AS 44.42.030 AS 19.05.030; AS 19.10.140; AS 44.42.050
Eff. 3/8/2002, Register 161; am 5/7/2005, Register 174

Chapter 08 Memorial Sign Program

17 AAC 08.005 Purpose of memorial sign program

The purpose of the memorial sign program is to

(1) provide friends and relatives of persons fatally injured in highway accidents with the opportunity to memorialize them by sponsoring a memorial sign to be erected near the scene of the accident; and

(2) combat drunk driving and to increase the public's awareness of the need to drive safely and responsibly.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.010 Application procedure for a memorial sign for a fatally injured victim of an accident caused by a drunk driver

Under this section, a person may apply to the department to sponsor a sign memorializing an individual who was fatally injured in a highway accident, in which another driver is alleged to be at fault and alcohol is alleged to be involved. The applicant must complete a memorial sign application furnished by the department. The applicant must submit the completed application to the department representative stated on the application, and must include with the application

(1) the date and location of the highway accident;

(2) the name of the driver alleged to be at fault;

(3) an affidavit by the applicant that the individual to be memorialized was fatally injured in the highway accident, that the other driver is alleged to be at fault, and that alcohol is alleged to be involved; and

(4) the name of the individual who was fatally injured as it should appear on the memorial sign.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.015 Application procedure for a memorial sign for a drunk driver who was fatally injured in a highway accident

A person may apply to the department to sponsor a sign memorializing an individual who was fatally injured in a highway accident in which the fatally injured is alleged to be the driver at fault and alcohol is alleged to be involved. The applicant must complete a memorial sign application furnished by the department. The applicant must submit the completed application to the department representative specified on the application, and must include with the application

(1) the date and location of the highway accident;

(2) the name of the individual who was fatally injured;

(3) an affidavit by the applicant that the individual who was fatally injured is alleged to be the driver at fault and alcohol is alleged to be involved;

(4) the name of each sponsor as it should appear on the memorial sign.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.020 Application procedure for a memorial sign for an individual who was fatally injured in a highway accident that did not involve alcohol

A person may apply to the department to sponsor a sign memorializing an individual who was fatally injured in a highway accident that did not involve alcohol by completing a memorial sign application furnished by the department. The applicant shall submit the completed application along with the

(1) date and location of the highway accident; and

(2) name of the individual who was fatally injured as it should appear on the memorial sign.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.025 Department review of memorial sign application

(a) Within 30 days after the department receives a correctly completed application submitted under 17 AAC 08.010, 17 AAC 08.015, or 17 AAC 08.020 and the department has inspected the proposed site for the memorial sign, the department will send a written decision to the applicant as to whether the proposed sign installation is in compliance with this chapter.

(b) A person who has applied for a memorial sign under 17 AAC 08.010, 17 AAC 08.015, or 17 AAC 08.020 may appeal a decision denying an application under 17 AAC 85.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.030 Location, placement, and ownership of memorial signs

(a) A memorial sign that the department approves under this chapter will be placed in the highway right-of-way, without cost to an applicant, near the location of the accident and facing the oncoming traffic. However, a memorial sign will not be placed nearer than 200 feet from an existing traffic sign or where the memorial sign obstructs the visibility of an existing traffic sign.

(b) Memorial signs may be placed in a highway right-of-way under the jurisdiction of the department except for a controlled access highway. For purposes of this subsection, controlled access highways include freeways, expressways and on-ramps and off-ramps of freeways and expressways.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.035 Wording on memorial signs

(a) If a memorial sign is applied for under 17 AAC 08.010 and approved by the department under this chapter, the department will install a cautionary sign that reads "PLEASE DON'T DRINK AND DRIVE" and a separate name plaque that reads "IN MEMORY OF (the victim's name)".

(b) If a memorial sign is applied for under 17 AAC 08.015 and approved by the department under this chapter, the department will install a cautionary sign that reads "PLEASE DON'T DRINK AND DRIVE" and a separate name plaque that reads "SPONSORED BY (the sponsor's name)".

(c) If a memorial sign is applied for under 17 AAC 08.020 and approved by the department under this chapter, the department will install a cautionary sign that reads "PLEASE DRIVE SAFELY" and a separate name plaque that reads "IN MEMORY OF (the victim's name)".

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.040 Name plaque limit on a single memorial sign installation

No more than three name plaques of victims or sponsors may appear below the memorial cautionary sign on a single memorial sign installation.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.045 Time allowed for memorial signs in the highway right-of-way

Unless it determines that public safety requires removal, the department will keep a memorial sign installation in its designated location for 10 years after the date of its installation. After the 10-year period ends, the department will remove the memorial sign installation.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.050 Multiple memorial sign applications

(a) If more than one sponsor applies for a memorial sign to be located near a single accident site, the department will consider the multiple applications in the order in which they are received.

(b) If the department approves, under this chapter, the application of additional sponsors who apply for a memorial sign for additional victims who were fatally injured as the result of the same or a different highway accident at a single accident site, the additional sponsors may apply to

(1) attach name plaques to the first sign installation, if the requirements of 17 AAC 08.040 are satisfied; or

(2) have a memorial sign installed across the highway from the first sign installation so that the second sign installation faces the traffic approaching from the opposite direction.

(c) For purposes of this section, "single accident site" means the site of all accidents that occur within 1,000 feet from each other, regardless of when they occur.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

17 AAC 08.055 Application filing deadlines

(a) A person may file an application under 17 AAC 08.010, 17 AAC 08.015, or 17 AAC 08.020, until January 15, 2003 to memorialize a death in a highway accident that occurred before that date.

(b) On or after January 16, 2003, a person may file an application under 17 AAC 08.010, 17 AAC 08.015, or 17 AAC 08.020 to memorialize a death in a highway accident that occurred within the two years before the date that the department received the application.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 1/20/2002, Register 161

Chapter 10 Engineering: Encroachments, Driveways, and Road Approaches

Article 1 Encroachment Permits

17 AAC 10.010 Encroachments

An encroachment may be installed within a highway right-of-way if the encroachment has been permitted by the department under this chapter.

History

Authority: AS 19.05.020; AS 19.05.200 AS 19.05.070; AS 44.42.030
Eff. 6/25/69, Register 30; am 4/20/2000, Register 154

17 AAC 10.011 Types of encroachments authorized

(a) The department may issue at no cost an encroachment permit for use of a highway right-of-way by a municipality, state agency, or federal agency, subject to any conditions imposed under 17 AAC 10.014, if the municipality or agency is not acting in a business capacity. The permit will be issued on a form that the department prescribes. Permitted uses include

(1) flags of states or nations;

(2) decorative banners; and

(3) signs, without logos or names of sponsors, that are intended to inform motorists that they are entering a municipality, community, or state.

(b) The department may issue an encroachment permit for the use of a highway right-of-way by a private person, or by a government agency acting in a business capacity, to an owner or lessee of land contiguous to the highway right-of-way where the owner or lessee's primary activity occurs, if the use complies with the requirements of 17 AAC 10.012, and the use is allowed under (c) of this section. The department may impose permit conditions under 17 AAC 10.014. An encroachment permit issued under this subsection is valid for a term of no more than five years for a specific use. The department may renew the permit for additional subsequent terms of no more than five years each. The permit will be issued on a form that the department prescribes. A permit applicant must pay a $200 nonrefundable application fee. In addition, the permittee must pay economic rent established under 17 AAC 10.013, or $100 annually, for the use of the land, whichever amount is greater. A permittee must pay a nonrefundable $100 reapplication fee each time the permittee files a request to renew the permit. Upon renewal of the permit, the permittee must pay economic rent, as established under 17 AAC 10.013 as of the date of extension, or $100 annually, whichever amount is greater. The department may revoke an encroachment permit before the end of its term, after notice issued to the permittee at least 30 days before the date of revocation. The issuance of a permit under AS 19.25, or this chapter does not entitle the permittee to a payment of just compensation or relocation benefits under AS 34.60, if a permit is revoked or a request for renewal is denied.

(1) any permanent structure located partially or completely in the right-of-way;

(2) water and sewer facilities that the department has not permitted under 17 AAC 15;

(3) a tank of any size;

(4) fueling facilities;

(5) repealed 3/1/2002;

(6) a use not in the best interest of the state; and

(7) a land use on a highway right-of-way that allows development on contiguous land that would not otherwise be possible without the use of the highway right-of-way.

(d) The land area described in the encroachment permit may not be used to meet minimum requirements for a contiguous land use under applicable municipal land use standards or under regulations adopted by the Department of Environmental Conservation. The contiguous land use must meet those minimum requirements without regard to the land contained within the encroachment permit. The use of the land described in the encroachment permit must be an accessory use to the contiguous land use.

(e) After the completion of construction of a highway, the department may, subject to 17 AAC 10.014, issue at no cost an encroachment permit in the form of a beautification permit to a government agency, a municipality, an individual, or a non-profit organization to allow planting of trees, shrubs, grasses, or flowers, and any structures necessary to support the plants, that do not endanger motorists, bicyclists, or pedestrians within the highway right-of-way. A beautification permit will be issued on a form that the department prescribes. The department may attach to a beautification permit any condition that is necessary to protect the integrity and safety of a highway's design, and to protect the traveling public or the persons planting trees, shrubs, grasses, and flowers within the highway right-of-way. The department may remove trees, shrubs, grasses, or flowers planted in a highway right-of-way, or structures supporting the plants, under a beautification permit that become a hazard to the traveling public, interfere with a highway's maintenance or operation, interfere with construction on a highway, or threaten to damage a highway embankment.

(f) The department may issue an encroachment permit on a form it prescribes, at no cost to a government agency for the installation in highway rest stops or pullouts of commemorative plaques, historical or interpretive markers, and informational signs. The plaques, markers, and signs may be permitted only if they cannot be read from the highway.

(g) The provisions of this section do not apply to driveway permits issued under 17 AAC 10.020, utility permits issued under 17 AAC 15, or the installation of mail boxes, including newspaper boxes, within a highway right-of-way.

(h) The department may issue under (b) of this section an encroachment permit for an existing structure or a portion of that structure or for existing water or sewer facilities for which the department has not issued a utility permit issued under 17 AAC 15, if

(1) the encroachment does not present a risk to the health or safety of the public;

(2) the construction of the encroachment occurred in good faith; and

(3) the denial of the permit would create a hardship for the owner of the encroachment.

History

Authority: AS 19.05.020; AS 19.25.200 AS 19.05.070; AS 44.42.030
Eff. 4/20/2000, Register 154; am 3/1/2002, Register 161

17 AAC 10.012 Approval requirements for encroachments

The department will, in its discretion, grant an encroachment permit under 17 AAC 10.011, if the department determines that

(1) the integrity and safety of the highway is not compromised;

(2) the issuance of the permit will not cause a break in access control for the highway;

(3) the land will not be necessary for a highway construction project during the initial term of the permit; and

(4) issuing the permit is in the best interest of the state.

History

Authority: AS 19.05.020; AS 19.25.200 AS 19.05.070; AS 44.42.030
Eff. 4/20/2000, Register 154

17 AAC 10.013 Establishing economic rent

For purposes of 17 AAC 10.011(b), the department will establish economic rent for a right-of-way held in fee simple by the use of commonly accepted real estate appraisal techniques. For rights-of-way held as easements, the consideration for the issuance of the permit is 90 percent of the economic rent established under this section for a right-of-way held in fee simple. A permittee shall reimburse the department for appraisal costs incurred to determine economic rent.

History

Authority: AS 19.05.020; AS 19.25.200 AS 19.05.070; AS 44.42.030
Eff. 4/20/2000, Register 154

17 AAC 10.014 Additional conditions upon encroachment permits

The department will, in its discretion, impose conditions upon encroachment permits necessary to protect the traveling public, the safety and integrity of a highway's design, the public interest, and the best interests of the state.

History

Authority: AS 19.05.020; AS 19.25.200 AS 19.05.070; AS 44.42.030
Eff. 4/20/2000, Register 154

17 AAC 10.015 Removal after expiration of encroachment permit

Upon the expiration of the term of an encroachment permit issued under 17 AAC 10.011, or upon the revocation of an encroachment permit by the department, a permittee is responsible for the cost of removing improvements placed within the right-of-way, at no cost of the department, unless the permit provides that the encroachment may remain in place after the permit expires or is revoked.

History

Authority: AS 19.05.020; AS 19.25.200 AS 19.05.070; AS 44.42.030
Eff. 4/20/2000, Register 154

Article 2 Driveway and Approach Road Permits

17 AAC 10.020 Driveways and approach roads

(a) A driveway or approach road constructed under permit within a highway right-of-way is the property of the state, but all cost and liability arising from the construction, operation, or maintenance of a driveway or approach road is at the sole expense of those lands served. The department is not obligated to change its maintenance practices to accommodate a driveway or approach road constructed under a permit, or to incur any additional expense removing snow berms or other obstructions from a driveway or approach road within a right-of-way resulting from the department's activities, or activities under a permit issued under 17 AAC 15.

(b) A permittee under this section shall construct and maintain a driveway or approach road in such a manner that the highway, and all of the highway's appurtenances or facilities, including drainage facilities, pipes, culverts, ditches, traffic control devices, street lights, pathways, and sidewalks are not impaired or endangered in any way by the construction or maintenance. The department will include in a permit express conditions that provide for the enforcement of this subsection and (a) of this section.

(c) In a driveway or approach road permit, except for a driveway or approach road included in a utility permit described in 17 AAC 15, the department will include a clause that requires the permittee to adjust or relocate the driveway or approach road without cost or liability to the department if the use or safety of the highway requires that the driveway or approach road be adjusted or relocated. The department also will include in the permit a requirement that the permittee shall indemnify, defend, and hold harmless the state, or officers, agents, employees, and contractors of the state in any matters pertaining to the driveway or approach road, and that the permittee shall assume all liability or cost in connection with the driveway or approach road.

(d) The department will, in its discretion, issue a permit for a driveway or approach road on any highway that is not a controlled access facility, if the department determines that the driveway or approach road is proposed to be located in a manner that is consistent with the requirements of 17 AAC 10.040, that is compatible with the public safety, and that does not interfere with the use of the highway. In the permit, the department will require that the permittee, the permittee's heirs, and the permittee's successors in interest, or assignees shall assume all cost and liability occasioned by either the construction or maintenance of the driveway or approach road.

(e) If a driveway or approach road that provides ingress to or egress from adjoining land is replaced during a project to construct or reconstruct a highway, the department, as a cost of construction, will, in its discretion, replace the driveway or approach road in a manner and location consistent with the requirements of 17 AAC 10.040.

(f) Repealed 5/4/2000.

(g) The burden and cost of maintaining a driveway or approach road within a highway right-of-way is upon the lands served by a driveway or approach road. A driveway or approach road must be maintained to conform the requirements of 17 AAC 10.040 and to accepted engineering practice. The department is not obligated to remove snow berms plowed into a driveway or approach road during its highway snow removal activities. A permittee may not plow snow from a driveway or approach road onto a highway, or interfere with highway drainage structures.

(h) If an emergency situation arises from the use, operation, or maintenance of a driveway or approach road issued a permit under this section or 17 AAC 10.060, that compromises the design or safety of a highway, and the department lacks sufficient time to contact the permittee or a permittee's heirs, successors in interest, or assignees to correct the situation, the department will, in its discretion, take whatever steps necessary to cure the situation and recover the costs of the cure from the person responsible for the operation and maintenance of the driveway or approach road.

History

Authority: AS 19.05.020; AS 19.30.051; AS 19.40.065 AS 19.05.040; AS 19.30.121; AS 44.42.030
Eff. 6/25/69, Register 30; am 5/4/2000, Register 154

17 AAC 10.030 Driveway and road approach permits and utilities

The finished grade of a proposed driveway or road approach may not be less than the minimum vertical clearance requirements or minimum depth-of-burial requirements of 17 AAC 15.201. The department may grant a permit to an applicant who arranges with the owners of the affected utility facilities to adjust the facilities, at no cost to the department, to conform to the requirements of 17 AAC 15.

History

Authority: AS 19.05.020; AS 19.30.121; AS 44.42.030 AS 19.05.040; AS 19.40.065
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 10.040 Technical requirements

Ingress and egress to highway right-of-way for driveways, approach roads, and service roads or trails are subject to the requirements of 17 AAC 10.020 - 17 AAC 10.080 and the Driveway Standards section of the department's Alaska Highway Preconstruction Manual, adopted by reference in 17 AAC 20.950(4).

History

Authority: AS 19.05.020; AS 19.30.121; AS 44.42.030 AS 19.05.040; AS 19.40.065
Eff. 5/23/82, Register 82; am 5/18/88, Register 106; am 5/4/2000, Register 154; am 11/15/2024, Register 252

17 AAC 10.050 Definitions

Repealed.

History

Eff. 5/23/82, Register 82; repealed 5/4/2000, Register 154

17 AAC 10.060 Driveways not part of highway construction

(a) An owner of land must apply for a permit under this section if the

(1) land is serviced by a driveway or approach road

(A) that was constructed as part of a highway construction project after January 1, 2000, and for which a permit was issued before January 1, 2000; or

(B) for which a permit has not been issued; and

(2) owner proposes to

(A) install a driveway or approach road to provide a new access;

(B) change the width, grade, slope, or radius of an existing driveway or approach road; or

(i) from fewer than 20 to more than 25 vehicle trips during any hour of the day; or

(ii) by more than 100 vehicle trips during any hour of the day.

(b) The permit application must be submitted and the permit will be issued on forms prescribed by the department. In the permit the department will incorporate by reference the provisions of 17 AAC 10.020, describe the land served by the driveway or approach road, and bind a permittee and a permittee's heirs, successors in interest, or assignees to the terms of the permit.

(c) If a development is projected to generate more than 100 vehicle trips on a highway during any hour of the day, or the traffic generated is expected to detract from the safety of the highway, an applicant must perform a traffic impact analysis that meets the requirements of 17 AAC 10.070.

(d) Except for municipalities where no approval is required under ordinance, unless the access sought is approved by the appropriate planning and zoning authorities, the department will not approve a permit under this section.

History

Authority: AS 19.05.020; AS 19.30.051; AS 19.40.065 AS 19.05.040; AS 19.30.121; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 10.065 Fees

(a) Except for an application for a permit to which 17 AAC 10.060(c) applies, an applicant for a driveway or approach road permit under 17 AAC 10.060 shall pay a nonrefundable application fee of $100 when an application is submitted.

(b) An applicant for a permit, to which 17 AAC 10.060(c) applies, shall pay to the department a retainer that is the lesser of $5,000 or 25 percent of a sum to which the applicant and the department have agreed for the review of the permit application and any inspection of mitigation efforts that is necessary under 17 AAC 10.075. When the department receives the retainer amount agreed upon, the department will establish a non-interest bearing trust account for the applicant, and credit the retainer to the account. As the department bills its fees for the review of the permit application or inspection of mitigation efforts, those fees will be charged against the retainer credit balance in the account, and the billing will reflect the remaining credit balance. After the credit balance is exhausted, the applicant shall pay the billings as they are presented. After a permit is issued under 17 AAC 10.080 the department will refund the remaining balance, if any, to the applicant. Failure by an applicant to pay any billing, at the time all necessary mitigation efforts are completed, is a basis to deny issuance of a permit.

(c) A permittee for a driveway or approach road that is not subject to 17 AAC 10.060(c) shall pay a $500 performance deposit to the department to reimburse the department for any actual expenses that the department incurs removing a driveway or approach road that was incorrectly installed, or curing any defects that relate to the physical features of the driveway or approach road. If a permittee constructs a driveway or approach road in a manner consistent with the permit issued and the provisions of 17 AAC 10.040, the department will refund the performance deposit upon inspection by the department. Except for recovering the cost of restoring or repairing drainage structures, other appurtenances to a highway, or a roadway prism that are damaged during the installation of a driveway or approach road, the department will not assess against a permittee any expenses of removal or cure that exceed $500. If the actual expenses of removal or cure are less than $500, the department will refund to the permittee the remaining balance of the performance deposit. The department will place a performance deposit in a non-interest bearing trust account. If a permittee's activities damage drainage structures, other appurtenances to a highway, or a roadway prism, a permittee shall reimburse the department for the actual costs of restoration and repair.

(d) If a permitted driveway or approach road has a projected construction cost of less than $1,500, as determined by the department, the department will, in its discretion, waive the payment of the performance deposit under this section, if

(1) the permittee has not violated the terms of any other driveway or approach road permit issued under the provisions of 17 AAC 10.020 or 17 AAC 10.060; and

(2) deviation from accepted design practices will not compromise the design or safety of the highway.

(e) The department will, in its discretion, waive the fees under this section for governmental agencies that allow reciprocal waiver provisions for similar permits under their programs.

History

Authority: AS 19.05.020; AS 19.30.051; AS 19.40.065 AS 19.05.040; AS 19.30.121; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 10.070 Traffic impact analysis

(a) An applicant required to perform a traffic impact analysis required under 17 AAC 10.060(c) is encouraged to compute traffic generated by a development in accordance with the Institute of Traffic Engineers' Trip Generation Manual. The department may require a traffic impact analysis based upon local traffic generation values. A traffic impact analysis must be prepared by an engineer licensed under AS 08.48 and must be submitted to the department for review and comment under (e) of this section.

(b) An applicant who prepares a level of service (LOS) and operational analysis for a traffic impact analysis prepared under this section is encouraged to perform it in accordance with the Transportation Research Board's publication Highway Capacity Manual. The minimum acceptable LOS at intersections and on road segments both on the development's opening date and in the design year is

(1) LOS C, if the LOS on the date of application is LOS C or better; or

(2) LOS D, if the LOS on the date of application is LOS D or poorer; however, if the LOS is poorer than LOS D, a lower minimum LOS is acceptable if the operation of the highway does not deteriorate more than 10 percent in terms of delay time or other appropriate measures of effectiveness from the LOS before the development's opening date.

(1) intersections on highways where traffic on any approach is expected to increase as a result of the proposed development by at least five percent of the approach's capacity;

(2) segments of highways between intersections where total traffic is expected to increase as a result of the proposed development by at least five percent of the segments' capacity;

(3) state highways and intersections where the safety of the facilities will deteriorate as a result of the traffic generated by the development;

(4) each driveway or approach road that will allow egress from or ingress to a highway for the proposed development;

(5) parking and circulation routes within the proposed development, to the extent necessary to ensure that traffic does not back up onto a highway; and

(6) pedestrian and bicycle facilities that are part of the highway facilities to which a permit applicant seeks access.

(d) Except for a development expected to generate 250 or more vehicle trips during the peak traffic hour of an adjacent highway, a traffic impact analysis prepared under this section must consider

(1) projected traffic at the development's anticipated opening date, excluding the traffic generated by the development; and

(2) projected traffic at the development's anticipated opening date, including the traffic generated by the development.

(e) A traffic impact analysis prepared under this section for a development expected to generate 250 or more vehicle trips during the peak traffic hour of the adjacent highway must, in addition to the projected traffic volumes before and after the completion of the proposed development, consider

(1) the projected traffic in the design year for the proposed development, excluding traffic generated by the development; and

(2) the projected traffic for the design year for the proposed development including the traffic generated by the development.

(f) A traffic impact analysis prepared under this section must identify

(1) locations where road improvements are necessary to mitigate traffic impacts, including locations where the LOS is less than acceptable under (b) of this section

(A) due to the development at either the opening date or the design year; or

(B) at either the opening date or the design year without the development and improvements are necessary to prevent the LOS from deteriorating further;

(2) road improvement alternatives that will achieve an acceptable LOS or minimize degradation of service below an already unacceptable LOS

(A) on the opening date of the development; and

(B) in the design year of the development, for a development expected to generate 250 or more vehicle trips during the peak hour of the adjacent highway on the opening date of the development;

(3) bicycle or pedestrian improvements necessary to accommodate bicycle and pedestrian traffic as negotiated between the department and the applicant; and

(4) improvements needed for internal circulation and parking plans.

(g) The department will review and comment upon a traffic impact analysis prepared under this section and submitted for a proposed development. The department may request clarification or further analysis of the impacts that it considers necessary to adequately consider the risks presented to the traveling public by the proposed development. If alternative means are proposed by an applicant for mitigation of the traffic impacts of a proposed development, the department will select the alternative that provides the greatest public benefit, at the least private cost, and that meets the appropriate LOS on an impacted state highway. If the department accepts a means of mitigation, the mitigation must be successfully completed before the issuance of a permit under 17 AAC 10.080.

History

Authority: AS 19.05.020; AS 19.30.121; AS 44.42.030 AS 19.05.040; AS 19.40.065
Eff. 5/4/2000, Register 154; am 11/15/2024, Register 252

17 AAC 10.075 Traffic impact mitigation

(a) A permittee shall make improvements to a highway or intersection to maintain an acceptable LOS if a highway or intersection has an

(1) acceptable LOS under 17 AAC 10.060(b) without traffic generated by the development; and

(2) unacceptable LOS under 17 AAC 10.060(b), with traffic generated by the development

(A) at the opening date of the development; or

(B) in the design year of the development, for a development expected to generate 250 or more vehicle trips during the peak hour of the adjacent highway on the opening date of the development.

(b) If a highway has an unacceptable LOS under 17 AAC 10.060(b) without traffic generated by the development, either at the opening date of the development or in the design year of the development, a permittee shall make improvements to the highway so the operation of the highway does not deteriorate more than 10 percent in terms of delay time or other appropriate measures of effectiveness with the addition of the traffic generated by the development at the opening date of the development or in the design year.

(c) A permittee for which a traffic impact analysis report has been approved shall use signs and markings on approaches to highways within the development that conform with the Alaska Traffic Manual, adopted by reference in 17 AAC 20.950(1). Internal circulation and parking layout must provide sufficient queuing distance within the development between the highway and potential internal block points to ensure no traffic backs up onto the highway, including bicycle or pedestrian facilities.

(d) If a traffic impact analysis discloses impacts upon pedestrian and bicycle traffic, a permittee shall take steps to mitigate the impact.

(e) The department may relax the requirements for mitigation under this section, if it finds in writing that the

(1) highway facilities only marginally achieve an acceptable LOS under 17 AAC 10.070(b) without the traffic generated by the development and would likely fall below an acceptable LOS within five years;

(2) traffic generated by the development results in an unacceptable LOS under 17 AAC 10.070(b); and

(3) cost of mitigating the impacts is disproportionate to the cost of the development.

History

Authority: AS 19.05.020; AS 19.30.121; AS 44.42.030 AS 19.05.040; AS 19.40.065 AS 19.10.050; AS 44.42.020
Eff. 5/4/2000, Register 154; am 2/5/2004, Register 169; am 7/15/2009, Register 191; am 11/15/2024, Register 252

17 AAC 10.080 Permit issuance

(a) The department will, in its discretion, issue a permit for a driveway or approach road that does not require a traffic impact analysis under 17 AAC 10.060(c) upon the payment of the $500 performance deposit required under 17 AAC 10.065 by an applicant.

(b) The department will issue a permit for a driveway or approach road that requires a traffic impact analysis under 17 AAC 10.060(c) when the applicant has performed the mitigation in a manner acceptable to the department under 17 AAC 10.070.

History

Authority: AS 19.05.020; AS 19.30.051; AS 19.40.065 AS 19.05.040; AS 19.30.121; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 10.095 Cooperative traffic impact analysis

If a proposed development within a municipality, along a road that is not on the state highway system, has an impact upon a highway on the state highway system, the department will cooperate with the appropriate municipal planning and zoning authority in the preparation of a traffic impact analysis. A traffic impact analysis under this section must be in substantial compliance with the provisions of 17 AAC 10.070 and result in mitigation of adverse impacts upon a road under state administration that are in substantial compliance with the provisions of 17 AAC 10.075.

History

Authority: AS 19.05.020; AS 19.30.051; AS 19.40.065 AS 19.05.040; AS 19.30.121; AS 44.42.030
Eff. 5/4/2000, Register 154

Article 3 Land Disposal

17 AAC 10.100 Land disposal

(a) Except for a conveyance of land by a commissioner's deed issued under 17 AAC 05.020, or an encroachment permit issued under 17 AAC 10.011, the provisions of 17 AAC 10.100 through 17 AAC 10.120 apply to a disposal of land, or an interest in land, contained within a highway right-of-way, whether the land or interest was acquired by gift, transfer from the federal government, purchase, or the exercise of the power of eminent domain.

(b) The department will prepare a decisional document summarizing its decision to dispose of a particular parcel of land acquired in a right-of-way acquisition. In that document, the department will summarize the conclusion that the particular parcel of land is excess right-of-way and whether the land has a present or potential use for parks, conservation, recreation, or related uses. The department will, in its discretion, find that the land is excess right-of-way, if the land is located outside of the slope limits of a highway, the land is not necessary for the highway's operation or maintenance, and the land is not needed for a public purpose. If the department finds that the land has a present or potential use for parks, conservation, recreation, or related uses, the department will describe in the decisional document the department's efforts to dispose of the land to public agencies for parks, conservation, recreation, or related uses. If the public agencies decline to acquire the parcel, the department will conduct the land disposal according to 17 AAC 10.105 - 17 AAC 10.120.

History

Authority: AS 19.05.020; AS 19.05.070; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 10.105 Disposal by negotiated sale to an adjoining property owner

(a) The department may convey the interest that it holds in a parcel of excess right-of-way to an adjoining property owner, if the adjoining property owner applies for the conveyance and pays a $200 nonrefundable application fee, and if the

(1) adjoining property is the land from which an acquisition of land, in a fee simple interest, for the right-of-way was made; or

(2) right-of-way is held as an easement and the owner of the underlying fee simple interest is also the owner of the adjoining land.

(b) The consideration for a conveyance of a fee simple interest under this section is the fair market value of the land, estimated under commonly accepted appraisal techniques.

(c) A grantee under this section shall provide appraisal services, title insurance, surveying, and platting that are acceptable to the department, or reimburse the department for the cost of these activities if the department provides them.

(d) The department will not make a conveyance under this section without issuing public notice of the pending sale, published at least once in a newspaper of general circulation, in the area where the excess right-of-way is located, at least 30 days before the projected closing date of the transaction. In that notice, the department will describe the land offered for sale, and provide that the department will accept public comments regarding the sale that are received before the projected closing date. The grantee shall reimburse the department for the cost of public notice.

History

Authority: AS 19.05.020; AS 19.05.070; AS 44.42.030
Eff. 5/4/2000, Register 154; am 11/15/2024, Register 252

17 AAC 10.110 Disposal by competitive sale

(a) If a parcel of excess right-of-way may be developed without the use of other land, and any adjoining owner who qualifies to purchase the land under 17 AAC 10.105 declines an opportunity to purchase the land, the department will, in its discretion, dispose of the parcel of land through competitive sealed bids, with the award to the highest bidder.

(b) The department will not open competitive sealed bids without issuing public notice of the pending sale, published at least once in a newspaper of general circulation, in the area where the excess right-of-way is located, at least 30 days before bid opening. In that notice, the department will give the date, time, and place of the bid opening, describe the land offered for sale, provide that the department will accept public comments regarding the sale that are received at least seven days before the bid opening, and inform bidders of at least the following conditions:

(1) the payment schedule;

(2) that the successful bidder may be required to apply for and receive a replat of the land from the municipal planning and zoning authority;

(3) that the department reserves the right to reject any and all bids.

(c) The department will, in its discretion, accomplish the sale of excess land through an outcry auction. The department will issue public notice for the sale consistent with (b) of this section.

(d) If the department has attempted the sale of a parcel of excess right-of-way under (a) or (c) of this section, the department will, in its discretion, offer the parcel for sale over the counter, for its fair market value, for a period not to exceed 120 days after the date of the unsuccessful sale, under the same terms and conditions set for the competitive sale under (b) of this section. If an over-the-counter sale does not occur within the 120 days after the attempted competitive sale, the department will withdraw the parcel and will not convey it without issuing, in accordance with (b) of this section, a new public notice of the sale.

History

Authority: AS 19.05.020; AS 19.05.070; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 10.115 Disposal through brokers

(a) If a parcel of excess right-of-way is offered for sale by competitive sale under 17 AAC 10.110, and no bids satisfactory to the department are received, the department will, in its discretion, list the particular parcel for sale with a real estate broker licensed under AS 08.88.

(b) The department will select the broker in accordance with AS 36.30 (State Procurement Code) and 2 AAC 12.

History

Authority: AS 19.05.020; AS 19.05.070; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 10.120 Land exchanges

(a) For the purpose of a land exchange under AS 19.05.110, AS 19.05.120, AS 35.20.040, or AS 35.20.050, the department will, in its discretion, use excess right-of-way in the transaction.

(b) The department will not make an exchange of land under this section without

(1) preparing a written decision that the exchange is in the state's best interest, and that the value of the parcels of land to be exchanged is substantially equal; and

(2) issuing public notice of the pending exchange, published at least once in a newspaper in general circulation in the area where the excess right-of-way is located, at least 30 days before the projected date of the exchange; in that notice, the department will describe the land to be exchanged, and will provide that the department will accept public comments regarding the exchange that are received before the projected date of the exchange.

History

Authority: AS 19.05.020; AS 19.05.070; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 10.125 Conveyance documents

The department will convey land or interests in land under 17 AAC 10.100 - 17 AAC 10.120 by

(1) quitclaim deed, in a form prescribed by the department, and subject to any utility permit issued under 17 AAC 15; and

(2) any other transfer documents the department determines are necessary to memorialize the transaction.

History

Authority: AS 19.05.020; AS 19.05.070; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 10.130 Land outside of right-of-way limits

(a) If a parcel of land is located outside of the right-of-way limits of a highway, the department will, in its discretion, dispose of the land, or an interest in the land, under the provisions of this section. Before making a disposal under this section, the department will prepare a decisional document summarizing its decision to dispose of a particular parcel of land located outside of a highway right-of-way. In that document, the department will summarize the conclusion that the particular parcel of land is not needed for a public purpose and whether the land has a present or potential use for parks, conservation, recreation, or related uses. If the department finds that the land has a present or potential use for parks, conservation, recreation, or related uses, the department will describe, in the decisional document, the department's efforts to convey the land to public agencies for parks, conservation, recreation, or related uses. If the public agencies decline to acquire the parcel, the department will conduct the land disposal under this section.

(b) The department will, in its discretion, dispose of land located outside the right-of-way limits of a highway through competitive bidding, outcry auction, or over-the-counter sale under 17 AAC 10.110, or by sale through a broker under 17 AAC 10.115. The department will convey land under this subsection by

(1) quitclaim deed, in a form prescribed by the department; and

(2) any other transfer documents the department determines are necessary to memorialize the transaction.

(c) The department will, in its discretion, offer land located outside of the right-of-way limits of a highway for lease through an invitation to bid by means of competitive sealed bidding. The department will not open bids for the lease without public notice of the proposed lease, in accordance with (d) of this section. The department will award the lease to the highest bidder who is responsive to the invitation to bid. In the lease, the department will include terms that protect the best interests of the state and that are consistent with the invitation to bid.

(d) The department will not make a sale or lease under this section without issuing public notice of the pending transaction, published at least once in a newspaper of general circulation, in the area where the land is located, at least 30 days before the projected closing date of the transaction. In that notice, the department will describe the land offered for sale or lease, and provide that the department will accept public comments regarding the sale that are received at least seven days before the projected closing date.

History

Authority: AS 19.05.020; AS 19.05.070; AS 44.42.030
Eff. 5/4/2000, Register 154

Article 4 General Provisions

17 AAC 10.950 Appeals

An applicant aggrieved by the department's denial of a permit under this chapter, or by any condition attached to a permit, may appeal the department's decision under 17 AAC 85.

History

Authority: AS 19.05.020; AS 19.30.051; AS 19.40.065 AS 19.05.040; AS 19.30.121; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 10.990 Definitions

Unless the context requires otherwise, in this chapter

(1) "commemorative plaque" means a sign that is authorized by law and that describes the accomplishments of a person with a relationship to the locality of a rest stop or pullout;

(2) "design year" means the year that is 10 years after the opening date of a development;

(3) "driveway" or "approach road" means that area of the right-of-way between the edge of the pavement or the edge of the traveled way and that part of the adjacent property line that is not encumbered by the right-of-way and that is used for the movement of traffic between the highway and the adjacent property;

(4) "historical marker" means a sign that is authorized by law and that describes a historical

(A) event, that occurred in the locality of a rest stop or pullout; or

(B) site or landmark in the locality of a rest stop or pullout;

(5) "interpretive marker" means a sign that is authorized by law and that describes a scenic or natural landmark or feature or flora or fauna in the locality of a rest stop or pullout;

(6) "level of service" or "LOS" means an objective indication of the quality of traffic operation, that ranges from "A" to "F", with "A" representing the best operation and "F" the worst, measured by delay, speed, travel time, freedom to maneuver, traffic interruptions, or comfort and convenience;

(7) "service road or trail" means a road or trail that parallels a communication facility, electrical facility, pipeline, railroad, or other utility facility and is used to patrol and maintain the facility;

(8) "vehicle trip" means each passage by a vehicle, in either direction, over a highway, driveway, or approach road;

(9) "highway rest stop or pullout" has the meaning given in 17 AAC 05.990;

(10) informational sign" means a sign installed by a government agency that warns of a natural or man made hazard, identifies the location of nearby public facilities, or provides directions to reach public facilities from the sign's location;

(11) "permanent structure" means an improvement or object that

(A) is placed within a highway right-of-way;

(B) is independent of land that is contiguous to the highway right-of-way; and

History

Authority: AS 19.05.020; AS 19.25.200 AS 19.05.070; AS 44.42.030
Eff. 5/4/2000, Register 154; am 3/1/2002, Register 161

Eff. 8/23/2009, Register 191; repealed 2/19/2021, Register 237

Chapter 15 Utility and Railroad Permits

Article 1 Utility Permits

17 AAC 15.010 Application for utility permit

Repealed 5/23/82.

17 AAC 15.011 Utility permits

(a) Upon written application, the department may issue a permit authorizing the applicant to construct or install utility facilities within a department right-of-way. Permits for railroad facilities will be issued under 17 AAC 15.471 - 17 AAC 15.551.

(b) In analyzing whether to issue a permit, the department will consider the utility standards and requirements set out in 17 AAC 15.131 - 17 AAC 15.301.

(c) In a utility permit, the department will authorize the activities reasonably required for the construction, maintenance, or operation of the utility facility described in an approved permit application.

(d) The department may attach to the utility permit special provisions it considers necessary to protect the public interest.

(e) A utility permit expires if construction or installation of the facility has not started within one year after the date of approval, unless the applicant obtains an extension of time in writing from the department.

(f) This chapter applies only to those utility facilities that require utility permits.

(g) Any agreements between permittees, or between permittees and third parties, regarding the use of state right-of-way to which the department is not a signatory, are not binding on the department.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.10.210 AS 02.15.102; AS 19.25.200; AS 35.10.230 AS 02.15.106; AS 19.30.121; AS 44.42.020 AS 19.05.020; AS 19.40.065; AS 44.42.030 AS 19.05.040; AS 35.05.020
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 15.012 Utility permits on airports and public facilities other than highways

Utility permits will, in the department's discretion, be issued on airports and public facilities other than highways. These permits are subject to the following provisions of this chapter:

(1) 17 AAC 15.011 - 17 AAC 15.111 on utility permits except for 17 AAC 15.031;

(2) 17 AAC 15.183 and 17 AAC 15.201 - 17 AAC 15.301 on utility standards and requirements, except for 17 AAC 15.231;

(3) 17 AAC 15.321 - 17 AAC 15.461 on utility relocation and installation; and

(4) 17 AAC 15.901, definitions.

History

Authority: AS 02.15.020; AS 35.05.020; AS 44.42.020 AS 02.15.102; AS 35.10.210; AS 44.42.030 AS 02.15.106; AS 35.10.230
Eff. 10/2/87, Register 103; am 7/15/2009, Register 191

17 AAC 15.020 Utility permit

Repealed 5/23/82.

17 AAC 15.021 Application for utility permit

(a) Application for issuance of a utility permit must be made on a form prescribed by the department and in accordance with the Alaska Right-of-Way Manual and Alaska Utilities Manual, adopted by reference in 17 AAC 20.950(6) and (7).

(b) The application must describe in detail the type of facility and its proposed location within the department right-of-way or other location. The application must include plans, specifications, and other pertinent data. A diagram or drawing showing the location of all known overhead, surface, and underground facilities existing in the vicinity of the proposed facility must also be included with the application.

(c) If a utility facility covered by an existing permit is to be reconstructed or modified substantially, the permittee shall apply for a new permit. If the proposed modifications are not substantial, the permittee need only apply for an amended permit. In either case the application must comply with (b) of this section.

(d) The applicant shall notify all known utilities in the immediate vicinity of the proposed installation.

(e) Permit applications for pipeline installations must describe the nature of the substance to be transmitted; the maximum working, test, and design pressures; and the design standards for the pipe. When it is anticipated that there will be a change in the nature of the substance that is transmitted, or an increase in maximum design pressure from that specified in the permit, the permittee shall obtain, in advance, written department approval for the change.

(f) If a utility proposes to locate a facility within a department highway right-of-way within a national forest, national park, military reservation, or other land of the federal government, the utility shall obtain written approval from the appropriate controlling federal agency.

(g) If a utility proposes to locate a facility within a department right-of-way that crosses navigable water, the utility shall obtain written approval from the United States Army Corps of Engineers or the United States Coast Guard.

(h) If a utility proposes to locate a facility within a department right-of-way that passes through restricted Native allotment land, the utility shall obtain written approval from the United States Department of the Interior, Bureau of Indian Affairs.

(i) If a utility proposes to locate a facility within a department right-of-way that passes through Bureau of Land Management land, the utility shall obtain written approval from the United States Department of the Interior, Bureau of Land Management.

(j) If a utility proposes to locate a facility within a department right-of-way that crosses a river, lake, or stream specified in the List of Waters Important to Anadromous Fish in 5 AAC 95.011, the utility shall obtain written approval from the Alaska Department of Fish and Game.

(k) If a utility proposes to locate an overhead facility within a department right-of-way located within two statute miles of any airport, airstrip, or private air facility, the utility shall obtain written approval from the Federal Aviation Administration or, if the airport or airstrip is under military control, from the appropriate military command.

(l) Applications not approved by the department will be returned to the applicant accompanied by a letter of explanation.

History

Authority: AS 02.15.020; AS 19.20.090; AS 19.40.065 AS 02.15.102; AS 19.25.010; AS 35.05.020 AS 02.15.106; AS 19.25.200; AS 35.10.210 AS 19.05.020; AS 19.30.051; AS 35.10.230 AS 19.05.040; AS 19.30.121; AS 44.42.030
Eff. 5/23/82, Register 82; am 11/15/2024, Register 252

17 AAC 15.030 Bond

Repealed 5/23/82.

17 AAC 15.031 Application for utility permit on section-line rights-of-way

(a) Utility permits are required only for section-line rights-of-way presently used or proposed for use by the department. A person seeking to install a utility facility within a section-line right-of-way shall check with the department to determine whether the department presently uses or proposes to use the affected portion of the section-line right-of-way.

(b) Before issuing a permit for the installation of a utility facility within a section-line right-of-way, the department must be satisfied that a section-line right-of-way exists at the location where the facility is proposed to be installed by the permit applicant. The permit applicant shall furnish proof of the existence of the section-line right-of-way.

(c) An applicant that is granted a permit for the installation of a utility facility within a department section-line right-of-way shall coordinate the installation of the facility with any proposed department project using the section-line right-of-way.

(d) The permittee shall provide one copy of each permit for the installation of any utility facility within a department-controlled section-line right-of-way to the Department of Natural Resources.

(e) The department will immediately submit written notice to the Department of Natural Resources if a section-line permit application is denied.

History

Authority: AS 19.05.020; AS 19.25.200; AS 19.40.065 AS 19.05.040; AS 19.30.051 AS 19.25.010; AS 19.30.121
Eff. 5/23/82, Register 82

17 AAC 15.040 Inspection of work authorized by utility permit

Repealed 5/23/82.

17 AAC 15.041 Permit fees and charges

(a) The applicant shall pay a $600 nonrefundable fee in a form acceptable to the department for those permits, including amendments, that allow

(1) installations of aerial or underground distribution and transmission lines;

(2) duct systems;

(3) utilidors and utility tunnels, including crossings and extensions;

(4) structure or appurtenance construction, including manholes, utility poles, pedestals, switch cabinets, transformers, and other design features of a similar nature;

(5) a crossing or installation, including service connections, requiring boring, trenching, or opening a roadway surface; and

(6) aerial service lines requiring installation of poles in a right-of-way.

(b) The applicant shall pay a $100 nonrefundable fee in a form acceptable to the department for those permits, including amendments, that allow

(1) aerial service lines not requiring structures within the right-of-way, including service lines from longitudinal distribution lines outside a right-of-way and service lines attached to existing poles; and

(2) installation of underground service lines that

(A) do not occupy any portion of the roadway prism; and

(B) connect to existing poles, pedestals, manholes, collection systems, distribution facilities and similar structures within the right-of-way.

(c) Upon the issuance of a utility permit under (a) of this section, if the proposed facility is more than 200 feet in length, the permittee shall pay the department a nonrefundable fee, not to exceed $10,000, of $1 per foot of length in excess of 200 feet.

(d) The department may require a permittee to reimburse the department for the actual cost of inspection if the special provisions of the utility permit require an inspection.

History

Authority: AS 02.15.020; AS 19.05.040; AS 35.10.210 AS 02.15.102; AS 19.25.200; AS 35.10.230 AS 02.15.106; AS 19.30.121; AS 35.25.020 AS 02.15.260; AS 19.40.065; AS 44.42.020 AS 19.05.020; AS 35.05.020; AS 44.42.030
Eff. 5/23/82, Register 82; am 7/4/87, Register 102; am 7/15/2009, Register 191

17 AAC 15.050 Facility maintenance

Repealed 5/23/82.

17 AAC 15.051 Bond

The department will, in its discretion, require a bond or assurance to pay for damage to or repair of a highway or other state property which may result from a permittee's construction along, in, over, or under a department right-of-way. The department will determine the amount and duration of the bond or assurance. The bond form must comply with requirements of the department. The department will, in its discretion, require the permittee's contractor to furnish an indemnification bond secured by cash or other security when it is determined to be in the public interest.

History

Authority: AS 02.15.020; AS 19.05.040; AS 19.40.065 AS 02.15.102; AS 19.25.010; AS 35.05.020 AS 02.15.106; AS 19.30.051; AS 19.10.210 AS 19.05.020; AS 19.30.121; AS 35.10.230
Eff. 5/23/82, Register 82

17 AAC 15.060 Safety and protection

Repealed 5/23/82.

17 AAC 15.061 Indemnification

The permittee shall indemnify and hold harmless the state from all liability for damage to property and injury or death of persons arising wholly or in part from any action taken by a permittee in relation to the permittee's facilities on department rights-of-way or other permitted locations.

History

Authority: AS 02.15.020; AS 19.05.040; AS 19.40.065 AS 02.15.102; AS 19.25.010; AS 35.05.020 AS 02.15.106; AS 19.30.051; AS 35.10.210 AS 19.05.020; AS 19.30.121; AS 35.10.230
Eff. 5/23/82, Register 82

17 AAC 15.070 Highway policy for accommodation of utilities

Repealed 5/23/82.

17 AAC 15.071 Assignment and transfer of utility permit

(a) A permittee may not assign or transfer any rights granted by the utility permit to another individual or other entity without prior written approval from the department.

(b) When a permittee sells out to another utility, or combines or merges with another utility, or otherwise changes identity, the new utility shall inform the department in writing within 30 days after the date of the transaction, and shall furnish the department with the names and addresses of the new officials responsible for the permittee's facilities.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.05.020 AS 02.15.102; AS 19.25.200; AS 35.10.210 AS 02.15.106; AS 19.30.051; AS 35.10.230 AS 19.05.020; AS 19.30.121 AS 19.05.040; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.080 Bridges

Repealed 5/23/82.

17 AAC 15.081 Joint-use facilities

(a) The department will, in its discretion, require two or more utilities desiring to locate facilities on a department right-of-way to jointly use a single facility.

(b) Utilities jointly using utility facilities or the same location, trench, or conduit within the department right-of-way must provide the department upon request with a copy of their joint use agreement established under AS 42.05.311 - 42.05.321.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.10.210 AS 02.15.102; AS 19.25.200; AS 35.10.230 AS 02.15.106; AS 19.30.121; AS 44.42.020 AS 19.05.020; AS 19.40.065; AS 44.42.030 AS 19.05.040; AS 35.05.020
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 15.090 Joint use

Repealed 5/23/82.

17 AAC 15.091 Violation of utility permit and stop work orders

(a) The department may revoke or suspend a utility permit, or issue a notice of violation, if

(1) the facilities were not constructed or installed in accordance with the terms of the utility permit;

(2) the facilities do not conform to the applicable federal, state, and local standards and requirements;

(3) the permittee fails to adequately maintain the facility after having been notified to do so in writing by the department;

(4) the permittee fails to provide safe and adequate detours, barricades, signs, flaggers, or other controls to protect the public as provided in 17 AAC 15.241, or fails to comply with the terms and conditions of any department-approved traffic control plan required under 17 AAC 15.241 or 17 AAC 20.017;

(5) the permittee fails, after written notice from the department, to take corrective measures to comply with the department's instructions or requests;

(6) it is in the mutual interest of the department and the utility as provided in 17 AAC 15.451.

(b) The department may suspend, by means of a stop work order, the construction or maintenance operations of a permittee, or the permittee's contractor, for any of the conditions listed in (a) of this section until the conditions are corrected. The department also may issue a stop work order to any person performing utility-related work without an appropriate permit.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.10.210 AS 02.15.102; AS 19.25.200; AS 35.10.230 AS 02.15.106; AS 19.25.220; AS 44.42.020 AS 19.05.020; AS 19.30.121; AS 44.42.030 AS 19.05.040; AS 19.40.065 AS 19.10.240; AS 35.05.020
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 15.100 Multiple facilities

Repealed 5/23/82.

17 AAC 15.101 Permits for utility service connections

(a) The department will require an amendment to an existing utility permit or new permit for all utility service connections subsequent to the issuance of the original permit for the distribution, collection, or feeder line facility.

(b) The department may allow a permittee to install additional service connections within a department right-of-way where a longitudinal underground, surface, or overhead distribution or feeder line has been installed under a utility permit. The department will amend the utility permit to include the additional service connections.

(c) New permits are required for underground utility service connections which cross a department right-of-way and which originate from distribution lines located outside the right-of-way.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.10.210 AS 02.15.102; AS 19.25.200; AS 35.10.230 AS 02.15.106; AS 19.30.121; AS 44.42.020 AS 19.05.020; AS 19.40.065; AS 44.42.030 AS 19.05.040; AS 35.05.020
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 15.110 Driveways and road approaches utility conflicts

Repealed 5/23/82.

17 AAC 15.111 Utility facilities installed without permit

(a) Any utility facility installation located within a department right-of-way without a utility permit is an unauthorized encroachment, except for a facility installed

(1) before July 1, 1960;

(2) before the road became a part of the state highway system;

(3) in accordance with any applicable requirements of the Department of Natural Resources but before the department's need or use under 17 AAC 15.031; or

(4) in any other manner if the utility provides adequate proof to the department of a prior valid existing right.

(b) The owner of a utility facility within a department right-of-way and which is an unauthorized encroachment shall submit an application for a utility permit to the department.

(c) The department will issue a utility permit for encroaching utility facilities meeting the requirements of this chapter.

(d) The owner of an encroaching utility facility shall relocate the facility in order to comply with the minimum requirements of this chapter. Any relocation will be at the owner's expense. If the owner does not take appropriate action within a reasonable time, the unauthorized encroachment is subject to removal under AS 19.25.220 - 19.25.250.

History

Authority: AS 19.05.020; AS 19.25.220; AS 35.10.230 AS 19.05.040; AS 19.30.121; AS 44.42.020 AS 19.25.010; AS 19.40.065; AS 44.42.030 AS 19.25.200; AS 35.05.020 AS 19.25.210; AS 35.10.210
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

Article 2 Utility Standards and Requirements

17 AAC 15.120 Underground facilities

Repealed 5/23/82.

17 AAC 15.130 Utility standards of the department of highways

Repealed 5/23/82.

17 AAC 15.131 Utility accommodation on controlled-access highways

(a) A utility facility may not be installed within the controlled-access limits of a highway unless the utility demonstrates to the satisfaction of the department that

(1) a feasible alternative does not exist; and

(2) the proposed utility facility will not adversely affect the design, construction, maintenance, safety, or operation of the highway.

(b) Access for maintenance of a utility facility located within controlled-access limits of a highway or from the entrance or exit ramp of a highway is prohibited, except if

(1) alternate locations and means of access are unavailable or impractical due to terrain and environmental constraints; and

(2) that use will not adversely affect safety and traffic operation, or damage the highway, a highway structure, or a department installation.

(1) relocate any existing facility that can be maintained only from the proposed controlled access of a highway or its entrance or exit ramps; or

(2) make other provisions to maintain any existing facility without using access from the highway or its entrance or exit ramps; or

(3) allow access as set out in (b) of this section.

History

Authority: AS 19.05.020; AS 19.25.010; AS 44.42.020 AS 19.05.040; AS 19.25.200; AS 44.42.030 AS 19.20.030; AS 19.30.121 AS 19.20.070; AS 19.40.065
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 15.140 Codes of governmental and state agencies

Repealed 5/23/82.

17 AAC 15.141 Utility accommodation on existing highways to be converted to controlled access

Repealed.

History

Eff. 5/23/82, Register 82; repealed 7/15/2009, Register 191

17 AAC 15.150 Clearing for utilities in highway right-of-way

Repealed 5/23/82.

17 AAC 15.151 Overhead crossings on controlled-access highways

(a) An existing overhead facility may not cross a controlled-access highway if it interferes with the design requirements of the highway, or if it can be maintained or serviced only from within the controlled-access limits.

(b) New or relocated overhead utility facilities or overhead utility facilities located within the right-of-way of an intersecting roadway which crosses a controlled-access highway may not be maintained or serviced from within the controlled-access limits.

(c) New or relocated overhead facility crossings of controlled-access highways must be designed and constructed as double dead-end structures where the transmission voltage is 33,000 volts or more. Where the transmission voltage is less than 33,000 volts, design and construction standards must equal or exceed standards of the National Electrical Safety Code as adopted by reference under AS 18.60.580 - 18.60.600 and 8 AAC 70.025 as the minimum electrical safety standards of the state.

History

Authority: AS 19.05.020; AS 19.25.010; AS 44.42.020 AS 19.05.040; AS 19.25.200; AS 44.42.030 AS 19.20.030; AS 19.30.121 AS 19.20.070; AS 19.40.065
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 15.160 Aerial clearance, minimum

Repealed 5/23/82.

17 AAC 15.161 Underground crossings on controlled-access highways

Repealed.

History

Eff. 5/23/82, Register 82; repealed 7/15/2009, Register 191

17 AAC 15.170 Prior rights

Repealed 5/23/82.

17 AAC 15.171 Utility accommodation on highways

(a) The department may allow utility facilities to be located within the highway right-of-way and in accordance with the Alaska Right-of-Way Manual and Alaska Utilities Manual, adopted by reference in 17 AAC 20.950(6) and (7).

(b) Manholes for underground facilities must be located so that their maintenance may be accomplished with minimum interference to the use of the right-of-way.

(c) Facilities installed within the department right-of-way must be designed and placed so that their use or occupancy will not adversely affect the safety, construction, maintenance, or operations of the highway or related structures.

(d) The minimum distance between the nearest part of a surface-mounted utility facility and the edge of the traveled way must comply with the standards set out in the department's Alaska Highway Preconstruction Manual, adopted by reference in 17 AAC 20.950(4).

(e) Facilities installed within a department right-of-way must

(1) be located as near as practicable to the highway right-of-way line; and

(2) comply with the standards set out in the Alaska Highway Preconstruction Manual, adopted by reference in 17 AAC 20.950(4).

(f) A new facility crossing a highway right-of-way must be installed as nearly perpendicular to the highway centerline as is practicable.

(g) An underground facility crossing of a highway must be installed by boring, coring, or jacking through the roadway prism. Wet-boring is prohibited. The department may allow trenched or open-cut construction where untrenched construction is not practical. An underground facility crossing in a department right-of-way must conform to the specifications set out in any special provisions of the utility permit.

(h) If a utility locate service is not available, reference markers must be installed and maintained at both ends of an underground facility highway crossing, at angle points in the alignment of the underground facility, and at designated points along the longitudinal alignment as specified in any special provisions of the utility permit.

(i) If the utility can demonstrate that adherence to the requirements of this section is impractical because of difficult topography, mountainous terrain, or other special conditions, the department may modify the requirements.

History

Authority: AS 19.05.020; AS 19.25.010; AS 19.40.065 AS 19.05.040; AS 19.25.200; AS 44.42.020 AS 19.20.010; AS 19.30.121; AS 44.42.030
Eff. 5/23/82, Register 82; am 10/2/87, Register 103; am 7/15/2009, Register 191; am 11/15/2024, Register 252

17 AAC 15.180 Frequency of requested relocation and/or adjustments

Repealed 5/23/82.

17 AAC 15.181 Utility accommodation on rural highways and roads

Repealed.

History

Eff. 5/23/82, Register 82; am 10/2/87, Register 103; repealed 7/15/2009, Register 191

17 AAC 15.183 Underground utility accommodation on runways

An underground facility crossing of a runway must be installed by boring, coring, or jacking under the runway surface. Wet-boring is prohibited. The department may allow trenched or open-cut construction where untrenched construction is not practical. An underground facility crossing in a department right-of-way must conform to the specifications set out in any special provisions of the utility permit.

History

Authority: AS 02.15.020; AS 02.15.106; AS 44.42.030 AS 02.15.102; AS 44.42.020
Eff. 7/15/2009, Register 191

17 AAC 15.190 Errors in facility placement by permittee

Repealed 5/23/82.

17 AAC 15.191 Utility accommodation in scenic areas

(a) The department will, in its discretion, require utility facilities that are inconsistent with the values of scenic areas to be relocated.

(b) The installation, within scenic areas, of new utility facilities, including those required for department purposes, must be made in accordance with the directions of the department.

(c) "Scenic area," as used in (a) of this section, includes scenic strips, view points, rest areas, adjacent highway rights-of-way, and the portions of highway rights-of-way which pass through public parks, recreation areas, wildlife and waterfowl refuges, and historic sites.

History

Authority: AS 19.05.020; AS 19.25.200; AS 19.40.065 AS 19.05.040; AS 19.30.051 AS 19.25.010; AS 19.30.121
Eff. 5/23/82, Register 82

17 AAC 15.200 Special provisions and/or stipulations

Repealed 5/23/82.

17 AAC 15.201 Utility clearances

(a) A new or relocated overhead facility must be installed with a minimum vertical clearance of 20 feet between the overhead facility and the right-of-way surface.

(b) Existing overhead facilities must have at least 18 feet of vertical clearance between the overhead facility and the right-of-way surface.

(c) The depth of burial for an underground facility constructed or installed through a roadway prism or under a runway surface must be at least four feet, measured from the surface to the top of the cable, conduit, pipeline, or encasement. An underground facility constructed or installed under another surface must have a depth of burial of at least three feet, measured from the surface to the top of the cable, conduit, pipeline, or encasement.

(d) If the minimum depth of burial under (c) of this section is impractical, the department may permit an underground facility to be rerouted or protected with casing or other mechanical protection.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.10.210 AS 02.15.102; AS 19.25.200; AS 35.10.230 AS 02.15.106; AS 19.30.121; AS 44.42.020 AS 19.05.020; AS 19.40.065; AS 44.42.030 AS 19.05.040; AS 35.05.020
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 15.210 Special use permits for highways

Repealed 5/23/82.

17 AAC 15.211 Underground facilities

Repealed.

History

Eff. 5/23/82, Register 82; repealed 7/15/2009, Register 191

17 AAC 15.220 Permittee's notice of intention of commencement of work

Repealed 5/23/82.

17 AAC 15.221 Irrigation and drainage facilities

(a) A longitudinal irrigation or drainage canal or ditch is not permitted within a department right-of-way unless the applicant can demonstrate to the department's satisfaction that an alternate location is not feasible and that the construction of the facility will not adversely affect the design, construction, maintenance, safety, and operation of the highway or other department structures.

(b) Flume, pipe, or siphon crossings must be installed in accordance with 17 AAC 15.201(c). Crossings of canals and ditches may be made with bridges or culverts.

History

Authority: AS 02.15.020; AS 19.25.200; AS 35.10.230 AS 02.15.102; AS 19.30.121; AS 44.42.020 AS 02.15.106; AS 19.40.065; AS 44.42.030 AS 19.05.020; AS 35.05.020 AS 19.05.040; AS 35.10.210
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 15.230 Indemnification clause

Repealed 5/23/82.

17 AAC 15.231 Highway structures

(a) The department will, in its discretion, permit the attachment of utility facilities to a highway structure. The chief bridge engineer is responsible for exercising this discretion to grant permission.

(b) Attachments to a bridge must be located beneath the bridge structure's floor, between outer beams or within a cell of a box beam, and must be located above the lowest steel or masonry members. If the utility can demonstrate to the department's satisfaction that a location requirement is not feasible and that attachment at an alternate location will not adversely affect the design, construction, maintenance, safety, or operation of the structure, the department will, in its discretion, permit the attachment at an alternate location.

(c) Communication and electric power cables or conductors must be encased in an approved conduit supported by suitable hangers or brackets and must have appropriate expansion devices. Acceptable alternate methods of installation for communication cable will, in the department's discretion, be permitted.

(d) Where required by special provisions in the utility permit, pipelines carrying flammable, corrosive, or other hazardous materials must be encased and have sufficient venting. The facility must be provided with automatic shut-off valves or other safety devices at or near each end of the structure as specified in the special provisions of the permit. The department will, in its discretion, require cathodic protection.

(e) A utility shall restore or repair any portion of a bridge or highway that is damaged by the installation or the operation of a facility attached to a highway bridge structure or its appurtenances.

(f) The department will, in its discretion, require a utility to reimburse the department for any or all costs incurred by the department for engineering, design changes, or modifications of the highway bridge structure that are necessary to accommodate attachment of the utility facility.

History

Authority: AS 19.05.020; AS 19.25.200; AS 19.40.065 AS 19.05.040; AS 19.30.051 AS 19.25.010; AS 19.30.121
Eff. 5/23/82, Register 82

17 AAC 15.240 Waiver

Repealed 5/23/82.

17 AAC 15.241 Safety precautions to be taken by permittee

Each permittee shall protect the public and provide for the continued safe use of a highway or other state property during construction, modification, or maintenance of utility facilities. Closing off a highway or highway segment or creating a detour must be specifically authorized by a current department-approved traffic control plan and must be done in a manner approved by the department. All traffic-control devices must comply with the Alaska Traffic Manual, adopted by reference in 17 AAC 20.950(1).

History

Authority: AS 02.15.020; AS 19.10.050; AS 35.05.020 AS 02.15.102; AS 19.25.010; AS 35.10.210 AS 02.15.106; AS 19.25.200; AS 35.10.230 AS 19.05.020; AS 19.30.121; AS 44.42.020 AS 19.05.040; AS 19.40.065; AS 44.42.030
Eff. 5/23/82, Register 82; am 2/5/2004, Register 169; am 7/15/2009, Register 191; am 11/15/2024, Register 252

17 AAC 15.250 Department's interest in public highway rights-of-way

Repealed 5/23/82.

17 AAC 15.251 Installation and inspection

(a) Each permittee shall give the department written notice not less than 10 days before the start of construction on any utility facility.

(b) A copy of the permit must be at the work site during construction and installation operations and must be shown, upon request, to any department representative, Alaska state trooper, or other enforcement officer of the state.

(c) The department will, in its discretion, require inspection of the facility during construction and installation operations. The inspection must be sufficient to ensure full compliance with the provisions of the permit.

History

Authority: AS 02.15.020; AS 19.05.040; AS 19.40.065 AS 02.15.102; AS 19.25.200; AS 35.05.020 AS 02.15.106; AS 19.30.051; AS 35.10.210 AS 19.05.020; AS 19.30.121; AS 35.10.230
Eff. 5/23/82, Register 82

17 AAC 15.260 Revocation of utility permit

Repealed 5/23/82.

17 AAC 15.261 Errors in facility placement

Errors by a permittee in construction or location of a facility must be corrected by the permittee at his expense as soon as he has knowledge of the error.

History

Authority: AS 02.15.020; AS 19.05.040; AS 19.40.065 AS 02.15.102; AS 19.25.010; AS 35.05.020 AS 02.15.106; AS 19.30.051; AS 35.10.210 AS 19.05.020; AS 19.30.121; AS 35.10.230
Eff. 5/23/82, Register 82

17 AAC 15.270 District administration of utility permit

Repealed 5/23/82.

17 AAC 15.271 Right-of-way clearing and restoration

(a) Clearing for utility facility installations within department rights-of-way must be kept to the minimum that is necessary to accommodate the installation, construction, operation, and maintenance of the facility. Indiscriminate cutting of trees or the disfiguration of any feature of scenic value will not be permitted.

(b) A utility may use chemical sprays only in compliance with applicable federal and state statutes and regulations.

(d) The department may require the permittee to restore or replace, at the permittee's expense, trees or shrubbery damaged or disturbed during the construction. Any damage to private property must be remedied as directed by the department.

(e) All excavated material in excess of the quantity required for backfill in a department right-of-way must be hauled by the permittee, at the permittee's cost and expense, and stockpiled as specified by the department. All unusable material must be disposed of at the permittee's expense and may not be placed within the limits of a department right-of-way unless approved by the department.

(f) Each utility shall maintain temporary pavement patches to provide a smooth all-weather surface at all times. Permanent replacement of the temporary patches must be made as soon as practicable after all other work under the permit is completed.

(g) The department may require seeding or sodding of the construction area to prevent soil erosion or to replace the natural vegetative cover. Seeding and sodding operations must comply with the department's Standard Specifications for Highway Construction, adopted by reference in 17 AAC 20.950(8), and with the special provisions of the utility permit. Any area of right-of-way that is adjacent to private property and that has a protective vegetative cover must be fully restored.

(h) The department will notify the permittee of cleanup and restoration work that has not been satisfactorily performed in accordance with the provisions of the utility permit and will specify a date for completion of the corrective work. The department may perform the cleanup and restoration work that has not been completed to the satisfaction of the department by the specified date. The permittee shall reimburse the department for all work done by the department.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.05.020 AS 02.15.102; AS 19.25.200; AS 35.10.210 AS 02.15.106; AS 19.30.051; AS 35.10.230 AS 19.05.020; AS 19.30.121 AS 19.05.040; AS 19.40.065
Eff. 5/23/82, Register 82; am 11/15/2024, Register 252

17 AAC 15.280 Authority of commissioner, department of highways

Repealed 5/23/82.

17 AAC 15.281 Routine maintenance

(a) Each permittee shall perform routine maintenance on the utility facility on a continuing basis. Maintenance work may not endanger any highway, airstrip, or other department property or create a hazard to the public.

(b) Each permittee shall secure authorization from the department

(1) before performing any maintenance that requires excavation, plowing, jacking, boring within, or in areas immediately adjacent to, a department right-of-way; and

(2) to perform that maintenance in accordance with the Alaska Right-of-Way Manual and Alaska Utilities Manual, adopted by reference in 17 AAC 20.950(6) and (7).

(c) If a permittee discontinues maintenance of or abandons a utility facility, the permittee shall notify the department within 30 days. Utility facilities that are not maintained or are abandoned are unauthorized encroachments.

(d) As part of routine maintenance required under (a) of this section, the permittee shall adjust manholes, valves, pull boxes, and any other object that rises to the surface of any paved surface within the highway right-of-way, as required to meet the department's Standard Specifications for Highway Construction, adopted by reference in 17 AAC 20.950(8). The department may require additional or emergency adjustment if conditions warrant.

(e) If a permittee's routine maintenance is inadequate, the department may give notice and an opportunity to cure. If a permittee fails to take appropriate corrective actions after notice and a reasonable opportunity to cure, the department may perform the maintenance and charge the permittee for the reasonable associated costs.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.10.210 AS 02.15.102; AS 19.25.200; AS 35.10.230 AS 02.15.106; AS 19.30.121; AS 44.42.020 AS 19.05.020; AS 19.40.065; AS 44.42.030 AS 19.05.040; AS 35.05.020
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191; am 11/15/2024, Register 252

17 AAC 15.290 Clear roadside policy

Repealed 5/23/82.

17 AAC 15.291 Emergency maintenance

(a) If an accident, disaster, or other occurrence damages a utility facility located within a department right-of-way, damages a highway structure or other state property, or places a utility facility in danger of damage, the permittee shall immediately act to safeguard the public and its facilities and shall immediately notify the department and the Alaska State Troopers of its action. Temporary repairs must be made permanent as soon as practicable.

(b) The department may perform the emergency repair work if the department

(1) gives the permittee oral or written notification that immediate repairs are necessary, and the permittee is unable or unwilling to perform the work; or

(2) considers immediate repair work, without prior notification to the permittee, to be required for purposes of public safety.

(c) For repair work that the department performs under (b) of this section, the department may charge the permittee reasonable associated repair costs.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.10.230 AS 02.15.102; AS 19.30.121; AS 44.42.020 AS 02.15.106; AS 19.40.065; AS 44.42.030 AS 19.05.020; AS 35.05.020 AS 19.05.040; AS 35.10.210
Eff. 5/23/82, Register 82; am 7/15/2009, Register 191

17 AAC 15.300 Utility service connections

Repealed 5/23/82.

17 AAC 15.301 Utility codes and standards

(a) Electric power and communication facilities installed within a department right-of-way must comply with regulations of other agencies, including

(1) the National Electrical Code, as adopted by reference under AS 18.60.580 - 18.60.600 and 8 AAC 70.025 as the minimum electrical safety standards of the state;

(2) the National Electrical Safety Code, as adopted by reference under AS 18.60.580 - 18.60.600 and 8 AAC 70.025 as the minimum electrical safety standards of the state;

(3) the provisions of 3 AAC 52.260, if the utility provides telecommunications service; and

(4) the provisions of 8 AAC 61.1010, 8 AAC 61.1070 - 8 AAC 61.1090, and 8 AAC 61.1160 - 8 AAC 61.1170 (Occupational Safety and Health Standards).

(b) Water line and sanitary sewer facilities installed within a department right-of-way must comply with regulations of other agencies, including 18 AAC 72 (wastewater treatment and disposal) and 18 AAC 80 (drinking water).

(c) Pressure pipelines for natural gas, petroleum, steam, or other hazardous materials installed within a department right-of-way must comply with regulations and standards enforced by other agencies, including

(1) the provisions of 49 C.F.R. Part 192 (transportation of natural and other gas by pipeline: minimum federal standards) and 49 C.F.R. Part 195 (transportation of hazardous liquids by pipeline); and

(2) the provisions of 3 AAC 52.010 - 3 AAC 52.080 (gas utilities).

(d) Unless otherwise noted in the special provisions of the utility permit, all utility construction within a department right-of-way must comply with the following construction standards:

(1) the department's Alaska Construction Manual, adopted by reference in 17 AAC 20.950(9);

(2) the department's Standard Specifications for Highway Construction, adopted by reference in 17 AAC 20.950(8).

(e) Unless otherwise provided in the special provisions of the utility permit, all utility designs for facilities to be installed within a department right-of-way must comply with the following design standards:

(1) the department's Alaska Standard Plans Manual, adopted by reference in 17 AAC 20.950(10);

(2) American Association of State Highway and Transportation Officials (AASHTO),

(A) A Policy on the Accommodation of Utilities Within Freeway Right-of-way, 5th edition, 2005, adopted by reference;

(B) A Guide for Accommodating Utilities Within Highway Right-of-way, 4th edition, 2005, adopted by reference;

(3) The department's Alaska Highway Preconstruction Manual, adopted by reference in 17 AAC 20.950(4);

(4) The department's Alaska Aviation Preconstruction Manual, adopted by reference in 17 AAC 20.950(5).

(f) Construction safety procedures must comply with regulations enforced by other agencies, including 8 AAC 61.1020 - 8 AAC 61.1960 (Occupational Safety and Health Standards).

(g) Unless otherwise provided in the special provisions of the utility permit, traffic-control devices and procedures must comply with the following codes and standards:

(1) Alaska Traffic Manual, adopted by reference in 17 AAC 20.950(1):

(2) the department's Alaska Sign Design Specifications, adopted by reference in 17 AAC 20.950(11).

(h) In the event of a conflict between requirements or standards in (a) - (g) of this section, or a conflict between the requirements or standards in (a) - (g) of this section and a requirement or standard contained in a utility permit issued under this chapter, the more stringent requirement or standard applies.

History

Authority: AS 02.15.020; AS 19.10.050; AS 35.10.210 AS 02.15.102; AS 19.25.010; AS 35.10.230 AS 02.15.106; AS 19.25.200; AS 44.42.020 AS 19.05.020; AS 19.30.121; AS 44.42.030 AS 19.05.040; AS 19.40.065 AS 19.10.040; AS 35.05.020
Eff. 5/23/82, Register 82; am 10/2/87, Register 103; am 2/5/2004, Register 169; am 7/15/2009, Register 191; am 11/15/2024, Register 252

Article 3 Utility Relocation and Installation

17 AAC 15.310 Assignment and transfer of utility permit

Repealed 5/23/82.

17 AAC 15.320 Horizontal clearance between highway and utility facilities

Repealed 5/23/82.

17 AAC 15.321 Eligibility for relocation reimbursement

If utility facilities are ordered by the department to be relocated to accommodate construction and are not unauthorized encroachments as described in 17 AAC 15.111, the utilities that have facilities occupying department rights-of-way are eligible for reimbursement as provided in AS 02.15.104, AS 19.25.020, or AS 35.10.220, unless otherwise provided for by contract or agreement between the department and the utility.

History

Authority: AS 02.15.104; AS 19.25.020; AS 35.10.220 AS 19.05.020; AS 19.30.121; AS 44.42.020 AS 19.05.040; AS 19.40.065; AS 44.42.030
Eff. 5/23/82, Register 82; am 10/17/87, Register 104; am 7/15/2009, Register 191

17 AAC 15.330 Utility definition

Repealed 5/23/82.

17 AAC 15.331 Utility notification and cooperation

(a) The department will notify each utility whose facilities are known by the department to be affected by a proposed department project as soon as possible after the location and scope of the project are known.

(b) The department will furnish preliminary project plans and related right-of-way maps to each utility within the proposed project limits. After receipt of these plans and maps, each utility with facilities located within the project limits shall notify the department in writing of the location of all these facilities.

(c) If there is a conflict between a proposed project and existing utility facilities, the department will, in its discretion, require the utility to relocate its facilities. The department will authorize the utility in writing to proceed with preliminary engineering for the required relocation of the facilities and will advise the utility of its eligibility to be reimbursed for the cost of relocation. The utility shall furnish the department with its proposal for accomplishing the relocation work. This proposal must include the estimated cost of the relocation work and the working schedule the utility intends to follow regarding the relocation work. The work described in the proposal must be the most economical method of accomplishing the relocation.

(d) The department will furnish the utility with all necessary construction plans and relocation schedule forms so that the utility can coordinate its relocation plans, estimates, and agreements in accordance with 17 AAC 15.421.

(e) The department will furnish the utility with field information necessary for the utility to establish the location and grade for the relocation of its facilities.

History

Authority: AS 02.15.020; AS 19.05.080; AS 19.30.121 AS 02.15.102; AS 19.25.010; AS 19.40.065 AS 02.15.106; AS 19.25.020; AS 35.05.020 AS 19.05.020; AS 19.25.210; AS 35.10.210 AS 19.05.080; AS 19.30.051; AS 35.10.230
Eff. 5/23/82, Register 82

17 AAC 15.341 Relocation agreements

(a) When it is necessary to relocate utility facilities because of a proposed project by the department, the utility shall enter into an agreement with the department setting out the terms of the relocation work along with the terms of the reimbursement for the costs of the relocation work. The department will establish the general format of this agreement.

(b) If a utility facility located within a department right-of-way is required to be relocated due to highway or other construction, the department will modify the existing utility permit or will issue a new utility permit.

(d) The department will, in its discretion, require that any utility relocation agreement between the department and a municipality include a certificate of authority or a resolution authorizing execution of the agreement by the appropriate governing body of the municipality.

(e) The department will return an executed copy of the relocation agreement to the utility along with a written authorization to proceed with the relocation work.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.05.020 AS 02.15.102; AS 19.25.020; AS 35.10.210 AS 02.15.106; AS 19.30.051; AS 35.10.230 AS 19.05.020; AS 19.30.121 AS 19.05.040; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.351 Estimates and costs

(a) The cost estimate referred to in 17 AAC 15.331(c) must reflect all the work shown on the plans and the scope-of-work statement referred to in 17 AAC 15.361 and 17 AAC 15.371, respectively. The estimate must set out the items of work to be performed in sufficient detail to provide a reasonable basis for analysis by the department. All factors included in the utility's general overhead account must be listed in the cost estimate.

(b) Preliminary engineering costs incurred after the date of the department's letter authorizing the utility to proceed with preliminary engineering will be reimbursable or chargeable to the utility's relocation-project work order or account. Preliminary engineering costs will continue to be chargeable to the utility's relocation-project work order or account until the date that the utility relocation agreement has been approved and signed by the department. Construction engineering costs, including engineering and inspection costs associated with the relocation of the utility facility, that are incurred after the date that the utility agreement is signed and approved by the department are reimbursable.

(c) Charges for engineering, inspection, equipment, transportation, materials handling, and labor included in the utility's general overhead account, need not be listed separately in the cost estimate.

(d) Charges incurred by the utility before the department's letter of authorization to proceed with preliminary engineering is sent will, in the discretion of the department, be ineligible for reimbursement.

(e) When the department determines that an existing facility must be removed by a utility, the actual cost of removal will, in the discretion of the department, be eligible for reimbursement. Where appropriate, the salvage value of the facility to be removed will be credited against the cost of removal.

(f) The department will have a credit against reimbursable costs set out in the relocation agreement equal to the value of any materials removed by the utility, unless the utility relocation work is being performed under a state contract or under a utility-let contract and the utility relocation agreement specifies that all removed materials become the property of the contractor. The value of the department's credit is to be measured by whatever rate the utility uses in its normal operations and is to be equal to the salvage value of all materials removed less the cost of removal. All materials must be removed by the most economical method possible. Recovered materials which are not usable in the normal operations of the utility but which have a sale value as scrap must be included in the calculation of the credit granted to the department. The value of the recovered scrap materials is to be determined by their estimated scrap value. Temporary-use materials which are reusable must be credited to the utility relocation project at stock prices, less the utility's prescribed stock-handling charge.

(g) Where betterments are not required by the department's construction project, but are installed solely for the benefit of the utility company, all costs attributable to these betterments are not eligible for reimbursement.

(h) The utility shall show on its work order account all relocation costs specified by the relocation agreement, including reimbursable and non-reimbursable items. Separate work order accounts will, in the discretion of the department, be used where the reimbursable and non-reimbursable portions of work can be distinguished by location or type of facility. All work order accounts to be used by the utility must be shown in the relocation agreement.

(i) An eligibility ratio for reimbursement must be determined and set out in the relocation agreement when the relocation work includes both reimbursable and non-reimbursable items.

(j) The department has an expired service life credit against reimbursement costs if a utility facility, including a building, pumping station, filtration plant, electric power substation, or other similar operational unit, is replaced. Credit for expired service life will not be required for a segment of utility service, distribution, or transmission line.

History

Authority: AS 02.15.104; AS 19.25.020; AS 19.40.065 AS 19.05.020; AS 19.30.051; AS 35.10.220 AS 19.05.040; AS 19.30.121; AS 44.42.030
Eff. 5/23/82, Register 82; am 10/17/87, Register 104

17 AAC 15.361 Plans

(a) The plans, sketches, or drawings showing both existing and proposed facilities must be attached to each relocation agreement. If there is a combination of reimbursable and non-reimbursable work, the plans must clearly indicate which portion of the relocation work is reimbursable and which portion is non-reimbursable.

(b) The plans, sketches, or drawings must be sufficiently detailed to show all necessary work. In addition, the plans, sketches, or drawings must indicate that the planned relocation meets all construction design requirements of the department. Construction plans prepared by the utility must be approved by the department.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.05.020 AS 02.15.102; AS 19.25.020; AS 35.10.210 AS 02.15.106; AS 19.30.051; AS 35.10.230 AS 19.05.020; AS 19.30.121 AS 19.05.040; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.371 Scope-of-work statement

(a) A scope-of-work statement describing the items of work set out in the plans in sufficient detail so that they may be correlated with the proper items of cost in the cost estimate must be attached to the relocation agreement. The scope-of-work statement must describe any special methods of construction that are required.

(b) The department will, in its discretion, require the utility to include staking sheets in the scope-of-work statement.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.05.020 AS 02.15.102; AS 19.25.020; AS 35.10.210 AS 02.15.106; AS 19.30.051; AS 35.10.230 AS 19.05.020; AS 19.30.121 AS 19.05.040; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.381 Utility change orders

(a) Changes in the plans, specifications, or quantities of work for relocating facilities must be authorized by a utility change order issued by the department.

(b) Modified cost estimates, plans, and a scope-of-work statement must include in each utility change order.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.05.020 AS 02.15.102; AS 19.25.020; AS 35.10.210 AS 02.15.106; AS 19.30.051; AS 35.10.230 AS 19.05.020; AS 19.30.121 AS 19.05.040; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.391 Engineering consultants

(a) If a utility is not adequately staffed to perform the engineering for the relocation of its utility facilities, the department will, in its discretion, authorize the utility to retain an engineering consultant to perform the required engineering. The engineering proposal made by a consultant is subject to review and approval by the department.

(b) If a utility has a continuing contract with a consultant for engineering services, and if the consultant regularly performs the utility's engineering work at a reasonable cost, the utility may request approval for the use of the consultant by submitting a copy of the continuing contract to the department for review and approval.

History

Authority: AS 02.15.020; AS 19.05.040; AS 19.40.065 AS 02.15.102; AS 19.25.020; AS 35.05.020 AS 02.15.106; AS 19.30.051; AS 35.10.210 AS 19.05.020; AS 19.30.121; AS 35.10.230
Eff. 5/23/82, Register 82

17 AAC 15.401 Contract advertising and award

(a) A utility may let a contract for the relocation of its facilities when it can show that the contract is necessary because it is not adequately staffed or equipped to perform the work itself. Bids must be requested through advertisement or solicited from qualified bidders, and the contract must be awarded to the lowest responsible bidder. The contract documents must be approved by the department before a contract is awarded.

(b) If a utility proposes to perform the work of relocation under an existing contract, the utility must furnish the department with a copy of the contract for review and approval.

History

Authority: AS 02.15.020; AS 19.05.040; AS 19.40.065 AS 02.15.102; AS 19.25.020; AS 35.05.020 AS 02.15.106; AS 19.30.051; AS 35.10.210 AS 19.05.020; AS 19.30.121; AS 35.10.230
Eff. 5/23/82, Register 82

17 AAC 15.411 Utility relocation by state contract

(a) Utility relocation work may be performed under a construction contract or a utility relocation contract let by the department if the utility can demonstrate to the department that it is in the public interest to do so.

(b) When the utility relocation work that is to be included in a construction contract let by the department or in a utility relocation contract let by the department includes non-reimbursable items, the utility and the department must enter into an agreement by which the utility agrees to repay the department for the costs of the non-reimbursable contract items and any engineering expenses associated with non-reimbursable items.

(c) The department will, in its discretion, require the utility to make periodic progress payments for the costs of the non-reimbursable contract items. Any requirement for progress payments must be included in the non-reimbursable agreement referred to in (b) of this section. The department will, in its discretion, use these payments to pay for the work done by its contractor.

History

Authority: AS 02.15.020; AS 19.25.010; AS 35.05.020 AS 02.15.102; AS 19.25.020; AS 35.10.210 AS 02.15.106; AS 19.30.051; AS 35.10.230 AS 19.05.020; AS 19.30.121 AS 19.05.040; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.421 Construction and inspection

(a) Whenever practicable, a utility shall schedule the work of relocating its facilities so that the work can be completed before the department's construction work begins. When the utility relocation work is to be performed along with the department's construction work, the utility shall coordinate the work schedule of its own personnel or of its contractor with the work schedule of the department's contractor. The utility shall work with the department's project engineer in order to effect this coordination.

(b) The utility is responsible for identifying and locating its facilities. The utility is also responsible for extra costs resulting from delays to the department contractor's operations if the utility facilities are not relocated in accordance with the relocation agreement, except when the delays are beyond the control of the utility.

(c) Unless otherwise provided in the relocation agreement, the utility shall give the department written notice not less than 10 days before the utility intends to begin work on the relocation of its facilities.

(d) If required by the relocation agreement, the utility shall furnish the department with records of all work performed and all materials installed or removed.

(e) The utility shall stockpile all unusable materials removed from the project and shall notify the department when these materials are available for inspection. The department's inspector and a representative of the utility will inspect these materials and record their disposition in order to determine if any credit is due the department.

(f) When an unforeseen problem arises during utility relocation work, the department will confer with the utility or utilities involved and will endeavor to bring about a satisfactory resolution of the problem. If the problem cannot be resolved by the parties, it will be referred to the commissioner or his designee for consideration. The commissioner's decision is final.

History

Authority: AS 02.15.020; AS 19.25.010; AS 19.40.065 AS 02.15.102; AS 19.25.020; AS 35.05.020 AS 02.15.106; AS 19.25.200; AS 35.10.210 AS 19.05.020; AS 19.30.051; AS 35.10.230 AS 19.05.040; AS 19.30.121
Eff. 5/23/82, Register 82

17 AAC 15.431 Billing and audit

(a) Reimbursement for utility relocation work will be based upon the utility relocation agreement executed between the department and the utility described in 17 AAC 15.341.

(b) Reimbursement for railroad relocation work will be based upon the railroad relocation agreement executed between the department and the railroad as provided in 17 AAC 15.521.

(c) The utility shall furnish the department with its final and complete billing for all costs incurred in connection with the relocation of the facility within 120 days after the completion of the relocation work. The billing statement must disclose the cost of each item in the cost estimate that is attached to the utility relocation agreement described in 17 AAC 15.351(a).

(d) If the utility fails to submit a proper billing within the 120-day period specified in (c) of this section, the department will, in its discretion, audit the utility's records and make the final reimbursement payment to the utility based on the audit findings.

(e) Under a lump-sum agreement as provided by 17 AAC 15.341(c), a single and final billing must be submitted upon completion of the work. This billing must be for the amount that is stipulated in the agreement. Upon certification by the department that the work was completed in compliance with the agreement, the utility will be paid the lump-sum amount.

(f) All cost records and accounts of the utility are subject to audit by the department. Except where a lump-sum agreement is used under 17 AAC 15.341(c), final payment will, in the department's discretion, be based on audit determinations made by the department. The department will, in its discretion, withhold a retainage from any billing.

History

Authority: AS 02.15.020; AS 19.05.040; AS 19.40.065 AS 02.15.102; AS 19.25.020; AS 35.05.020 AS 02.15.106; AS 19.30.051; AS 35.10.210 AS 19.05.020; AS 19.30.121; AS 35.10.230
Eff. 5/23/82, Register 82

17 AAC 15.441 Utility installation agreements

When it is in the public interest to use utility personnel and equipment to install new facilities to serve a department purpose or to install new utility distribution facilities to serve department installations, and when the utility will retain ownership of the facility, the utility and the department shall enter into a utility installation agreement. This agreement must include cost estimates, plans, and a scope-of-work statement as required by 17 AAC 15.351 - 17 AAC 15.371. The utility is eligible for reimbursement for the costs of installing the new facilities.

History

Authority: AS 02.15.020; AS 19.05.040; AS 35.05.020 AS 02.15.102; AS 19.30.051; AS 35.10.210 AS 02.15.106; AS 19.30.121; AS 35.10.230 AS 19.05.020; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.451 Termination agreements

When it is in the mutual interest of the department and the utility to terminate a previously executed utility agreement or utility permit, a utility termination agreement must be executed.

History

Authority: AS 02.15.020; AS 19.05.040; AS 35.05.020 AS 02.15.102; AS 19.30.051; AS 35.10.210 AS 02.15.106; AS 19.30.121; AS 35.10.230 AS 19.05.020; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.461 Emergency relocation

Where unforeseen circumstances arise during construction on a department right-of-way that require an immediate relocation of a utility facility, the department will, in its discretion, require the immediate relocation of the facility, notwithstanding the terms of any existing utility permit or relocation agreement.

History

Authority: AS 02.15.020; AS 19.05.040; AS 35.05.020 AS 02.15.102; AS 19.30.051; AS 35.10.210 AS 02.15.106; AS 19.30.121; AS 35.10.230 AS 19.05.020; AS 19.40.065
Eff. 5/23/82, Register 82

Article 4 Railroads

17 AAC 15.471 Railroad permits

(a) Upon written application, the department will, in its discretion, issue a permit authorizing the applicant to construct or install railroad facilities within a department right-of-way.

(b) No permit is required for the reconstruction of existing crossings, structures, or other facilities or for the construction of additional crossings, structures, or other facilities in areas where a railroad holds a fee title or an easement for a railroad right-of-way.

(c) An application for a railroad permit must specifically describe the proposed facility and its proposed location within the department's right-of-way. The application must include plans and specifications so that the department can evaluate the engineering design and proposed location.

(d) All railroad permits will be issued in accordance with this section and 17 AAC 15.011 - 17 AAC 15.111.

(e) Whether or not a railroad facility permit is required, the railroad shall notify the department in writing not less than 15 days before any construction or major maintenance activity in an area bordering on, adjacent to, or crossing a department right-of-way.

History

Authority: AS 19.05.020; AS 19.20.030; AS 19.30.051 AS 19.05.040; AS 19.20.050; AS 19.30.121 AS 19.10.010; AS 19.25.010; AS 19.40.065 AS 19.10.020; AS 19.25.200
Eff. 5/23/82, Register 82

17 AAC 15.481 Railroad accommodation policy

(a) Grade separation is required for all railroad crossings on controlled-access highways. At-grade railroad crossings on rural highways and roads, and urban highways and streets will normally be allowed. However, the department may require grade separation where warranted by conditions of topography and traffic density.

(b) A railroad crossing on a highway with defined shoulders may not be less than the full width of the highway including its defined shoulders. A railroad crossing on a rural highway with undefined shoulders must extend a minimum of five feet beyond the traveled portion of the highway. The surface of the highway must be in the same plane as the top of the rails for a distance of two feet outside of the rails for either multiple- or single-track crossings.

(d) A railroad/highway crossing sign (crossbuck) must be installed on the right-hand side of the roadway on each approach to any crossing, except when, in the discretion of the department, it is determined that local conditions require an alternate location. Where railroad/highway crossing signals are used, the crossbuck must be an integral part of the signal assembly. A supplemental sign indicating the number of tracks must be used where there are two or more sets of tracks at the crossing.

(e) The department may require railroad crossing signals that indicate the approach or presence of trains to be installed at those railroad crossings where there is a need for protection beyond that provided by signs. On multiple-lane highways, the department may require cantilever-mounted signals. For railroad crossings at highway intersections, additional signal-light units may be used to supplement the normal complement of lights. At crossings where multiple train movements may occur simultaneously or at crossings in congested urban areas, the department may require the use of gates.

(f) Supports for post-mounted signal heads at the side of a street with curbs must have a horizontal clearance of not less than two feet from the face of the vertical curb. Where there is no curb, supports for post-mounted signal heads must have a horizontal clearance of not less than two feet from the edge of the shoulder, and must have a minimum clearance of six feet from the edge of the traveled way. Where there is no curb or shoulder, the minimum horizontal clearance must be six feet from the edge of the traveled way. All portions of signals and supports that extend over the roadway must have a vertical clearance of not less than 17 feet above the roadway surface.

(g) The department's chief bridge engineer is responsible for approving clearances proposed for new grade separation structures or for modifications of existing grade separation structures.

(h) All railroad signs and signals must conform to the requirements of the Alaska Traffic Manual, adopted by reference in 17 AAC 20.950(1), or the special provisions of a railroad permit issued under 17 AAC 15.471 relating to vertical clearances of signs and signals over highways or other highway-related facilities such as bike paths, pathways, and sidewalks.

(i) Railroad communication, electric power, pipeline, and drainage facilities installed in a department right-of-way must be installed in accordance with 17 AAC 15.120 - 17 AAC 15.301.

History

Authority: AS 19.05.020; AS 19.20.030; AS 19.30.121 AS 19.05.040; AS 19.20.050; AS 19.40.065 AS 19.10.040; AS 19.25.010 AS 19.10.050; AS 19.25.200
Eff. 5/23/82, Register 82; am 2/5/2004, Register 169; am 7/15/2009, Register 191; am 11/15/2024, Register 252

17 AAC 15.491 Maintenance and repairs

(a) Upon completion of a railroad crossing on a highway, the railroad is responsible for the maintenance and repair of all track bed and rail components and any state property located within the width of the railway ties occupying the crossing area. The department is responsible for the maintenance and repair of all state property located outside the area within the railway ties. Allocation of the costs of all maintenance and repairs must be included in the railroad permit issued under 17 AAC 15.471.

(b) The railroad must operate and maintain all railroad crossing signals or other protective devices.

(c) Unless otherwise specified in the railroad permit, upon completion of a grade-separation structure, the department is responsible for the maintenance and repair of the structure and approaches and the railroad is responsible for the maintenance and repair of the track bed and rail components.

History

Authority: AS 19.05.020; AS 19.25.010; AS 19.30.121 AS 19.05.040; AS 19.30.051; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.501 Eligibility for relocation reimbursement

If railroad facilities are ordered by the department, under AS 02.15.104, AS 19.25.020, or AS 35.10.220 to be relocated in order to accommodate construction, a railroad that has railroad facilities occupying a department right-of-way is eligible for reimbursement for the cost of the relocation.

History

Authority: AS 02.15.104; AS 19.25.020; AS 19.40.065 AS 19.05.020; AS 19.30.051; AS 35.10.220 AS 19.05.040; AS 19.30.121; AS 44.42.030
Eff. 5/23/82, Register 82; am 10/17/87, Register 104

17 AAC 15.511 Railroad relocation

(a) The department will notify each railroad whose railroad facilities are known by the department to be affected by a proposed department project as soon as possible after the location and scope of the project are known.

(b) The department will furnish preliminary project plans and related right-of-way maps to each railroad within the proposed project limits. After receipt of these plans and maps, each railroad with railroad facilities located within the project limits shall notify the department in writing of the location of all those facilities.

(c) If there is a conflict between a proposed project and existing railroad facilities, the department will, in its discretion, require the railroad to relocate its railroad facilities. The department will authorize the railroad in writing to proceed with preliminary engineering for the required relocation of the facilities and will advise the railroad of its eligibility to be reimbursed for the cost of relocation. The railroad shall furnish the department with its proposal for accomplishing the relocation work. This proposal must include the estimated cost of the relocation work and working schedule the railroad intends to follow regarding the relocation work. The work described in the proposal must be the most economical method of accomplishing the relocation.

(d) The department will furnish the railroad with all necessary construction plans and relocation schedule forms so that the railroad can prepare and coordinate its relocation plans in accordance with 17 AAC 15.421.

(e) The department will furnish the railroad with field information necessary for the railroad to establish the location and grade for the relocation of its facilities.

History

Authority: AS 19.05.020; AS 19.25.020; AS 19.40.065 AS 19.05.040; AS 19.30.051 AS 19.25.010; AS 19.30.121
Eff. 5/23/82, Register 82

17 AAC 15.521 Railroad relocation agreements

(a) When it is necessary to relocate railroad facilities because of a proposed project, the railroad shall enter into an agreement with the department setting out the terms of the relocation work along with the terms of the reimbursement for the costs of the relocation work. This agreement will, in the department's discretion, provide for a lump-sum payment.

(b) The agreement mentioned in (a) of this section must contain a cost estimate, plans, and a scope-of-work statement as provided in 17 AAC 15.351, 17 AAC 15.361, and 17 AAC 15.371, respectively.

(c) If railroad facilities located within a department right-of-way are required to be relocated due to highway or other construction, the department will modify the existing railroad permit or will issue a new railroad permit.

(d) Changes in the plans, specifications, or quantities of work for relocating railroad facilities must be authorized by a railroad change order issued under 17 AAC 15.381.

(e) The department will return an executed copy of the relocation agreement to the railroad along with a written authorization to proceed with the relocation work.

(f) Billing and audit of relocation costs must be in accordance with 17 AAC 15.431.

History

Authority: AS 19.05.020; AS 19.25.020; AS 19.30.121 AS 19.05.040; AS 19.30.051; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.531 Engineering consultants

(a) If a railroad is not adequately staffed to perform the engineering for the relocation of its railroad facilities, the department will, in its discretion, authorize the railroad to retain an engineering consultant to perform the required engineering. The engineering proposal made by an engineering consultant is subject to review and approval by the department.

(b) If a railroad has a continuing contract with a consultant for engineering services, and if the consultant regularly performs the railroad's engineering work at a reasonable cost, the railroad may request approval for the use of the consultant by submitting a copy of the continuing contract to the department for review and approval.

History

Authority: AS 19.05.020; AS 19.25.020; AS 19.30.121 AS 19.05.040; AS 19.30.051; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.541 Railroad relocation contracts

(a) If a railroad is not adequately staffed or equipped to perform the relocation work with its own forces, the department will, in its discretion, authorize the railroad to contract the work of relocation in accordance with 17 AAC 15.411.

(b) Railroad relocation work may be performed under a construction contract or railroad relocation contract let by the department in accordance with 17 AAC 15.411.

(c) Construction of railroad facilities performed by the railroad or the railroad's contractor must be done in accordance with 17 AAC 15.421.

History

Authority: AS 19.05.020; AS 19.25.020; AS 19.30.121 AS 19.05.040; AS 19.30.051; AS 19.40.065
Eff. 5/23/82, Register 82

17 AAC 15.551 Engineering standards

Railroad facilities installed across or within a department right-of-way must comply with 17 AAC 15.301 and with the following codes and standards:

(1) standard plans, engineering instructions, and engineering guidelines maintained by the Alaska Railroad Corporation under AS 42.40;

(2) where not specifically referenced or applicable under (1) of this section, appropriate portions of the Manual for Railway Engineering (MRE) of the American Railway Engineering and Maintenance-of-way Association (AREMA), as the Alaska Railroad Corporation determines under AS 42.40;

(3) Alaska Traffic Manual, Part 8, adopted by reference in 17 AAC 20.950(1);

(4) Federal-Aid Highway Program Manual (for federal-aid highway projects),

(A) Railroad-Highway Projects, 23 C.F.R. 646.200 - 646.220, revised as of April 1, 2020;

(B) Railroad-Highway Insurance Protection Required of Contractors, 23 C.F.R. 646.103 - 646.111, revised as of April 1, 2020;

History

Authority: AS 19.05.020; AS 19.30.121; AS 44.42.020 AS 19.05.040; AS 19.40.065; AS 44.42.030
Eff. 5/23/82, Register 82; am 2/5/2004, Register 169; am 7/15/2009, Register 191; am 11/15/2024, Register 252

Article 5 General Provisions

17 AAC 15.901 Definitions

In this chapter

(1) "at-grade railroad crossing" means the place where a railroad track and a department right-of-way intersect at the same elevation or grade;

(2) "betterment" means any upgrading of a utility facility that is made solely for the benefit of the utility and is not required by the department to be made in order to accommodate construction by the department;

(3) "boring" means the method of installing underground conduit or pipe under a structure or through an embankment by use of a drilling auger;

(4) "cantilever-mounted signals" means railroad crossing signals that are mounted on an arm or a truss beam which extends over the roadway and is attached to a post or tower placed at the side of the roadway;

(5) "casing" means any pipe that encloses a pipeline;

(6) "cathodic protection" means a process or system used to control electrochemical corrosion of an underground metallic structure (such as a pipeline) by the application of an electric current;

(7) "commissioner" means the commissioner of transportation and public facilities, or the commissioner's designee;

(8) "coring" means the method of installing underground conduit or pipe through hard material like rock or concrete by using a hollow-tube drilling instrument with cutting teeth on the end;

(9) "controlled-access highway" means a highway upon which the rights to access, light, view, and air by owners or occupants of abutting land or other persons are controlled by the department so as to facilitate through traffic;

(10) "controlled-access limits" means the area of the highway right-of-way in which highway access is controlled;

(11) "cost of relocation" means the cost incurred by a railroad or utility that is properly attributed to the relocation of a utility or railroad facility after the deduction of any increase in the value of the new facility and any salvage value attributable to the old facility;

(12) "depth of burial" means the depth to the top of the pipe, cable, or other underground structure as measured from the surface of the roadway, ditch, or natural ground;

(13) "department" means the Department of Transportation and Public Facilities;

(14) "double dead-end structure" means an overhead installation on a utility pole in which each conductor is terminated and jumpered to continue the circuit;

(15) "eligibility ratio" means that ratio between utility or railroad relocation costs that are eligible for reimbursement and the total cost of the entire utility or railroad relocation work;

(16) "encroachment" means any structure or object which is in, on, under, or over a portion of a department right-of-way;

(17) "expired service life credit" is equal to the original cost of the existing facility multiplied by the number of years the facility has been in service divided by total life expectancy of the facility in years;

(18) "facility" or "facilities" or "utility facility" includes, but is not limited to, poles, lines, trenches, bridges, utilidors, tunnels, pipelines, and any other system for furnishing, producing, generating, transmitting, or distributing power, electricity, communications, telecommunications, water, gas, oil, petroleum products, steam, heat, light, chemicals, air, sewage, drainage not connected with highway drainage, irrigation, or any other substance;

(19) repealed 7/15/2009;

(20) "grade separation" means the vertical separation by the use of a suitable structure of the grades of two intersecting roadways or the grades of a roadway and an intersecting railroad track;

(21) "grade-separation structure" means a bridge, culvert, tunnel, viaduct, or other similar structure;

(22) "highway" means a road, roadway, street, trail, walk, bridge, tunnel, road drainage structure, or other road-related structure or facility, including the entire area within a highway right-of-way;

(23) "highway structure" includes bridges, buildings, culverts, pedestrian overcrossings, pedestrian tunnels, retaining walls, utilidors, and tunnels;

(24) "jacking" means the method of installing underground conduit or pipe under a roadway or other state property or through an embankment by pushing or packing a liner or heavy-gauge pipe beneath the facility;

(25) "joint-use agreement" means an agreement between a utility owning poles, trenches, or other facilities and other utilities which sets forth the terms and conditions by which the poles, trenches, or other facilities, owned by the first utility, can be used by other utilities;

(26) "joint-use facility" includes a pole line, trench, bridge, utilidor conduit, or tunnel which is used by two or more utilities;

(27) "longitudinal utility facility" means a utility facility that runs relatively parallel to a highway or airstrip;

(28) "median" means the portion of a divided highway that separates the traveled ways for traffic;

(29) "non-pipe push" means the method of installing non-pipe materials under a roadway or other state property or through an embankment by using a pushing force;

(30) "plowing" means the installation of underground cable for electricity, telephone, or cable television by use of a mounted plow-like instrument which digs and feeds out cable at the same time;

(31) "railroad" includes all rail carriers, whether publicly or privately owned, including steam, diesel, and electric railroads, interurban railways, interurban street railways, and every other type of street railway;

(32) "railroad crossing" includes the tracks, structures, crossing slabs, drainage structures, and crossing protection devices which are required to permit railroad trains to cross a department right-of-way either at-grade or by use of grade-separation structures;

(33) "railroad crossing signal" means a signal with flashing lights that is used to indicate the approach or presence of trains at railroad crossings;

(34) "railroad facility" means any structure or facility that is used for railroad purposes;

(35) "relocate" means adjust, change, remove, or reposition;

(36) "restoration" means replacing, repairing, or otherwise restoring a right-of-way or other area to the same condition that existed before any construction or relocation work took place;

(37) "right-of-way" and "department right-of-way" mean a highway easement, airport easement, section-line easement, any material or borrow pit leased or owned by the state, and any land leased or owned by the state and occupied by a public facility;

(38) "roadway" means that portion of the highway, including shoulders, intended for vehicular use;

(39) "roadway prism" means that portion of the highway right-of-way between the top of cut or toe of fill on either side of the roadway; "roadway prism" includes median strips;

(40) "routine maintenance" means the repair of any defective or damaged part of a facility or the replacement of that part at the same location by another part of the same type, capacity, or design, and includes the routine clearing of the area immediately adjacent to pedestals, vents, pipes, marker signs, or other similar objects to ensure their visibility to the public and other users of department rights-of-way;

(41) "rural highway or road" means a road or highway without access controls that is located outside of an urban area;

(42) "siphon" means a conduit, pipe, or tunnel that is used to conduct water from an open waterway to a lower elevation and then return it to another open waterway at the elevation of the original waterway;

(43) "specifications" means all directions and requirements pertaining to and governing the performance of work;

(44) "state" means the State of Alaska;

(45) "department contract" means a contract for construction of a project which is advertised, awarded, and administered by the department and which may contain items relating to utility or railroad facilities work;

(46) "surface-mounted facility" means any utility or railroad facility extending above the surface of the ground, including poles, posts, and hydrants;

(47) "telecommunications" or "communications" means the transmission and reception of messages, impressions, pictures, and signals by means of electromagnetic waves, force variations, impulses, or any other kind of energy, whether conveyed through cable or wire, or whether radiated through space or transmitted through any other medium;

(48) "toe of fill" means the point where the slope of the roadway building foundation fill, or airport runway fill intersects with the natural ground;

(49) "top of cut" means the point where the back slope of a roadway cut section intersects with the natural ground;

(50) "traveled way" means that portion of the roadway intended for the movement of vehicles, exclusive of shoulders and parking lanes;

(51) "undefined shoulder" means the area adjacent to a traveled way where the roadway surface is on the same level as the natural ground and there is no longitudinal drainage ditch or roadway fill or cut;

(52) "urban highway or street" means any roadway or highway without access controls that is located within a first or second class city, or is located within the municipal center of a unified municipality or within a developed area that has a commercial, industrial, or residential character;

(53) "utilidor" means a structure containing one or more channels, usually prefabricated in units, including units that are fitted with a removable cover that may also be used as a sidewalk or roadway surface;

(54) "utility" includes any corporation, company, individual, or association of individuals, or any lessee, trustee, or court-appointed receiver, that owns, operates, manages, or controls any line, plant, pipeline, or system for furnishing, producing, generating, transmitting, or distributing power, electricity, communications, telecommunications, water, gas, oil, petroleum products, steam, heat, light, chemicals, air, sewage, drainage not connected with highway drainage, irrigation, or similar products including publicly owned fire and police signal systems and street lighting systems which directly or indirectly serve the public or a segment of the public; "utility" also includes any corporation, company, individual, or association of individuals, or any lessee, trustee, or court-appointed receiver that owns, operates, manages, or controls any system for furnishing transportation of goods or persons by means of a railway, tramway, cableway, conveyer, flume, canal, tunnel, pipeline, or any other similar means;

(55) "utility locate service" means a service provided by a utility to locate its buried utility facilities;

(56) "utility service connection" means the cable, wire, or pipe that connects the utility distribution line to the premises served;

(57) "wet-boring" means the method or process of boring with the use of jets of water or liquid slurry;

(58) "airport" has the same meaning as in AS 02.15.260(5);

(59) "public facility" has the same meaning as in AS 35.25.020(7).

History

Authority: AS 02.15.020; AS 19.05.040; AS 35.05.020 AS 02.15.102; AS 19.25.010; AS 35.10.230 AS 02.15.106; AS 19.30.121; AS 44.42.020 AS 19.05.020; AS 19.40.065; AS 44.42.030
Eff. 5/23/82, Register 82; am 10/2/87, Register 103; am 7/15/2009, Register 191

Chapter 20 Maintenance

17 AAC 20.005 Management of permissible outdoor advertising

(a) A sign erected or maintained for an event or activity on the site where the sign is located may not be installed more than 30 days before the event or activity, and must be removed not more than 10 days after the event or activity that is advertised is completed.

(b) A sign advertising the sale or lease of the site where the sign is installed must be removed within 30 days after the sale or lease of the premises or within 10 days after the recording of documents evidencing the transaction, whichever occurs first.

(c) The department may issue a permit to allow advertising within highway rights-of-way on bus benches, bus shelters, and adjacent trash receptacles. The trash receptacles may not be located more than 15 feet from the bus bench or shelter. Except as provided in (d) and (e) of this section, the department will select the permittee through a request for proposals process that is consistent with state law and that considers

(1) any annual payment from the permittee to display advertising allowed by this subsection;

(2) the value of trash removal services, if any, to be provided by the permittee;

(3) the proposed frequency of any trash removal services;

(4) qualifications of the contractor for any trash removal services to be provided; and

(5) other requirements that the department considers necessary to ensure compliance with AS 19.25 and this section and to protect public safety.

(d) The department may negotiate an agreement, subject to the requirements in (c) and (e) of this section, with a municipality that operates year-round transit service, to administer a permit system for advertising within highway rights-of-way on bus benches, bus shelters, and trash receptacles. The trash receptacles may not be located more than 15 feet from the bus bench or shelter.

(e) For bus benches, bus shelters, and adjacent trash receptacles described in AS 19.25. 105(d)(1), the department may grant a permit at no cost to a nonprofit corporation that is exempt from taxation under 26 U.S.C. 501(c)(3). A permittee under this subsection may place its name or logo upon those bus benches, bus shelters, and trash receptacles, if the permittee has provided the bus benches, bus shelters, and trash receptacles. The trash receptacles may not be located more than 15 feet from the bus bench or shelter.

(f) Except for a sign painted on a vehicle evidencing the ownership of the vehicle, "outdoor advertising" within the meaning given in AS 19.25.160 includes a sign that can be read from the highway and that is mounted or resting on a vehicle parked in a highway right-of-way, or in a highway rest stop or pullout.

History

Authority: AS 19.05.020; AS 19.25.105; AS 44.42.030 AS 19.20.060; AS 19.25.170
Eff. 3/1/2002, Register 161

17 AAC 20.010 Outdoor advertising. [Annulled; see editor's note.]

It shall be unlawful to place, erect, or maintain any outdoor advertising sign within the right-of-way of any highway or highway lands, nor shall any permit be issued for the placement or erection of the sign.

History

Authority: AS 19.05.020
Eff. 6/25/69, Register 30

17 AAC 20.011 Highway designation

For the purposes of AS 19.25.105, interstate highways, primary highways, and secondary highways are those highways designated in the department's publication Federal Aid Highways: Interstate, Primary, and Secondary Highways of Alaska, adopted by reference in 17 AAC 20.950.

History

Authority: AS 19.05.020; AS 19.25.105; AS 19.25.200 AS 19.05.040; AS 19.25.170; AS 44.42.030
Eff. 3/1/2002, Register 161

17 AAC 20.012 Removal of outdoor advertising located in highway rights-of-way

(a) Except for a sign that is permitted under 17 AAC 10, this chapter, or 17 AAC 60, or a sign painted on a vehicle evidencing its ownership, outdoor advertising, including a sign mounted or resting on a vehicle, may not be placed in the highway right-of-way on the state highway system. Without notice to the owner of the outdoor advertising, the department may remove outdoor advertising placed within the highway right-of-way.

(b) The owner of a sign, display, or device removed from a highway right-of-way under this section shall pay the department a removal cost of a minimum of $50 per sign, display, or device or the actual cost of removing the sign, display, or device if the documented costs of removing it are more than $65. For purposes of this section, the actual cost of removal includes the cost of labor, equipment, tools and supplies, and vehicles used for removal. The cost of labor is $50 per hour. The cost of tools and supplies, if used, is $15 per sign, display, or device. The hourly cost of equipment and vehicles is the actual cost, not to exceed the applicable amount set out in the Rental Rate Blue Book for Construction Equipment, Vol. 1, adopted by reference in 17 AAC 20.950(3).

(c) Within 30 days after removal, if an owner of a sign, display, or device removed from a highway right-of-way under this section pays the actual cost of removal as determined under (b) of this section, the owner may recover the sign, display, or device. If the owner does not pay the actual cost of removal and recover the sign, display, or device within 30 days after the removal, the department may dispose of the sign, display, or device and initiate civil court proceedings against the owner for the actual cost of removal.

History

Authority: AS 19.05.020; AS 19.25.200 AS 19.05.040; AS 44.42.030
Eff. 3/1/2002, Register 161; am 11/15/2024, Register 252

17 AAC 20.013 Removal of outdoor advertising located outside highway rights-of-way

(a) Before the department removes outdoor advertising that violates AS 19.25.105(a) and (c), the department will give notice in accordance with AS 19.25.150. In the notice, the department will describe the sign, display, or device to be removed and its location, specify a date by which the sign, display, or device must be removed, and notify the recipient that the department may remove the sign, display, or device without further notice at the landowner's expense if the sign, display, or device is not removed by the date specified.

(b) If a sign, display, or device remains after the running of the notice period under (a) of this section, the department may remove the sign, display, or device for which notice was given without further notice.

(c) The owner of the land from which the department has removed a sign, display, or device under AS 19.25.150 shall pay the department a removal cost of a minimum of $50 per sign, display, or device or the actual cost of removing the sign, display, or device if the documented costs of removing it are more than $65. For purposes of this section, the actual cost of removal includes the cost of labor, equipment, tools and supplies, and vehicles used for removal. The cost of labor is $50 per hour. The cost of tools and supplies, if used, is $15 per sign. The hourly cost of equipment and vehicles is the actual cost, not to exceed the applicable amount set out in the Rental Rate Blue Book for Construction Equipment, Vol. 1, adopted by reference in 17 AAC 20.950(3).

(d) Within 30 days after removal, if an owner of land from which the department has removed an outdoor advertising sign, display, or device under AS 19.25.150 pays the actual cost of removal as determined under (c) of this section, the owner may recover the sign, display, or device. If the owner does not pay the actual cost of removal and recover the sign, display, or device within 30 days after the removal, the department may dispose of the sign, display, or device and initiate civil court proceedings against the owner for the actual cost of removal.

History

Authority: AS 19.05.020; AS 19.25.150 AS 19.05.040; AS 44.42.030
Eff. 3/1/2002, Register 161; am 11/15/2024, Register 252

17 AAC 20.015 Highway event permits

(a) A person who wishes to sponsor an event that requires the use of a highway right-of-way for a walk, run, bicycle tour or race, wheelchair tour or race, athletic contest, or other similar event may apply to the department for a highway event permit by submitting to the department a completed highway event permit application. Except for an event anticipated to have less than 100 participants under (d) of this section, the applicant shall submit the application to the department representative specified on the application together with a nonrefundable $100 application fee. A person issued a highway event permit under this section need not seek any other department permit to use the highway right-of-way or highway facilities. An application must be completed and signed by the event sponsor and must include the following:

(1) a description of the event, including the proposed route, type of event, event schedule, and number of participants anticipated;

(2) a traffic control plan that considers the risks presented by the event to participants and the public, including the traveling public, and the steps that will be taken to protect event participants and the public from these risks;

(3) if the highway right-of-way or highway facilities sought to be used lie within a municipality, documentation that the applicant has sought each permit or authorization, if any, that the municipality requires for the event;

(4) documentation that the applicant has notified each state and municipal police agency that has jurisdiction over all or part of the area in which the event is to occur.

(b) The traffic control plan prepared under (a)(2) of this section shall be prepared and implemented in accordance with the relevant provisions of the Alaska Traffic Manual, adopted by reference in 17 AAC 20.950(1).

(c) Within 30 days after the date that the department receives a correctly completed application submitted under (a) of this section, the department will review the application and any concerns raised by a state or municipal police agency that has jurisdiction over all or part of the area where the event is to occur, and the department will send a written determination to the applicant informing that person whether the department will grant the request for a highway event permit. The department will grant the request if the department determines that the event as proposed will not pose an unreasonable risk to event participants or to public safety.

(d) If an applicant anticipates the event to have less than 100 participants, the applicant shall submit a completed highway event permit application to the department representative specified on the application. The department will not charge an application fee. The application must include the items required by (a)(1), (3) and (4) of this section. Within 30 days after the date that the department has received a correctly completed application, the department will review the application and send a written determination to the applicant informing that person whether the department will grant the request for a highway event permit. The department will grant the request if the department determines that the event as proposed will not pose an unreasonable risk to event participants or to public safety.

(e) An applicant aggrieved by the denial of a permit under (a) or (d) of this section or permit conditions imposed under (f) of this section may appeal under 17 AAC 85.

(f) The department may issue a highway event permit subject to conditions that the department considers to be in the state's best interest or to be necessary to protect the traveling public, including the following:

(1) the applicant must erect upon the highway temporary barriers of a type and at locations that the department considers will best protect the public;

(2) the applicant must post signs, warning devices, or notices of the event; those signs, warning devices, or notices must be of a type, and must be placed at locations that the department considers will best protect the public;

(3) the applicant must post signs for the direction of traffic; those signs must be of a type, and must be placed at locations that the department considers will best protect the public;

(4) the applicant must assign a flagger as the department considers necessary to warn, detour, or direct traffic on the highway;

(5) the applicant must take any additional steps that the department considers necessary to maximize safety for event participants and the traveling public while minimizing delay to the traveling public;

(6) the applicant must agree to provide, consistent with state law, proof of insurance in a form and amount acceptable to the department to provide indemnification as described in (7) of this subsection, with the state and its officers, agents, and employees listed as additional insureds;

(7) the applicant must agree to indemnify and hold harmless, consistent with state law, the state and its officers, agents, and employees for any third-party claims arising from the event;

(8) the applicant must agree, consistent with state law, to waive any claims it may have against the state and its officers, agents, and employees arising from the event.

(g) The department may negotiate an agreement with a municipality, regarding the issuance of highway event permits under this section, that allows the municipality to issue highway event permits that include state highways, if the permits the municipality issues are in substantial compliance with this section, and require a permittee to agree, consistent with state law, to indemnify, defend, and hold harmless the state and the state's officers, agents, and employees for any claims that arise from the event occurring under the permit.

History

Authority: AS 19.05.010; AS 19.05.040; AS 44.42.030 AS 19.05.020; AS 19.20.060
Eff. 3/1/2002, Register 161; am 11/15/2024, Register 252

17 AAC 20.017 Lane closure permits

(a) A person who wishes the use of a highway right-of-way for access to, or construction and maintenance activities related to, physically contiguous land during the construction, alteration, or maintenance of improvements, or to allow access to utility facilities for which a permit has been issued under 17 AAC 15, may apply to the department for a lane closure permit by submitting a completed lane closure permit application to the department representative specified on the application together with a nonrefundable $100 application fee. An application must be completed and signed by the applicant and must include the following:

(1) a description of the proposed use of the highway right-of-way including the location of the right-of-way, described by its centerline stationing on the particular highway;

(2) the duration of the proposed lane closure;

(3) a traffic control plan that considers the risks to the traveling public and to any individuals occupying the right-of-way under the permit for the purposes specified, and the steps that will be taken to protect these individuals and the traveling public from the identified risks;

(4) if the highway right-of-way sought to be occupied lies within a municipality, documentation that the applicant has sought each permit or authorization, if any, that the municipality requires for the activity.

(b) The traffic control plan prepared under (a)(3) of this section shall be prepared and implemented in accordance with the relevant provisions of the Alaska Traffic Manual, adopted by reference in 17 AAC 20.950(1).

(c) Within 30 days after the date that the department receives a correctly completed application submitted under (a) of this section, the department will review the application and send a written determination to the applicant informing that person whether the department will grant the request for a lane closure permit. The department will grant the request if the department determines that the proposed activity will not pose an unreasonable risk to the traveling public, public safety, or any individual occupying the right-of-way under the permit for the purposes specified.

(d) An applicant aggrieved by the denial of a permit under this section or permit conditions imposed under (e) of this section may appeal under 17 AAC 85.

(e) The department may issue a lane closure permit subject to conditions that the department considers to be in the state's best interest or to be necessary to protect the traveling public, including the following:

(1) the applicant must erect upon the highway temporary barriers of a type and at locations that the department considers will best protect the public;

(2) the applicant must post signs, warning devices, or notices of any lane closure; those signs, warning devices, or notices must be of a type, and must be placed at locations that the department considers will best protect the public;

(3) the applicant must post signs for the direction of traffic; those signs must be of a type, and must be placed at locations that the department considers will best protect the public;

(4) the applicant must assign a flagger as the department considers necessary to warn, detour, or direct traffic on the highway;

(5) the applicant must take any additional steps that the department considers necessary to maximize safety for individuals in the highway right-of-way under the permit and the traveling public while minimizing delay to the traveling public;

(7) the applicant must agree to indemnify and hold harmless, consistent with state law, the state and its officers, agents, and employees for any third-party claims arising from the permitted activity;

(8) the applicant must agree, consistent with state law, to waive any claims it may have against the state and its officers, agents, and employees arising from the permitted activity.

History

Authority: AS 19.05.010; AS 19.25.040 AS 19.05.020; AS 44.42.030
Eff. 3/1/2002, Register 161; am 11/15/2024, Register 252

17 AAC 20.020 Closure and restriction

(a) The department may restrict the use of, or close, any highway whenever the department considers such closing or restriction of use necessary

(1) for the protection of the public; or

(2) for the protection of such highway from damage during storms, floods, thawing conditions or during construction or maintenance operations.

(b) The department will provide traffic guidance in case of restriction or provide suitable detour as soon as possible to minimize traffic delay.

(1) erect suitable barriers or obstructions at such locations upon the highway as will best serve the purpose;

(2) post warnings or notices of the condition of any such highway;

(3) post signs for the direction of traffic upon it, or to or upon other highway or detour open to public travel;

(4) place warning devices upon such highways;

(5) assign a flagman to warn, detour or direct traffic on such highway.

(d) Nothing within the above shall be construed to create any liability upon the state or any officer, employee, agent, or contractor of the state for failure to provide any or all of the above notices; however, willful failure or neglect to provide the notice shall be the subject of disciplinary action.

(e) Except in sudden emergencies, the department shall notify the nearest state police unit before closing or restricting the use of any highway, or before diverting traffic to any other highway or detour, in the manner provided in the preceding sections; whenever possible, such notice shall be in writing.

(f) Whenever required by sudden emergency, to protect the traveling public or to prevent or mitigate damage to public property, or to prevent or mitigate damage to private property for which the department might be held responsible, the department may, acting by or through its senior officer, or employee actually at the vicinity of the emergency, enter into contracts for the leasing or renting of tools or equipment needed for such highway emergency purposes. Such contracts shall be in writing, but shall be preceded by a memorandum of intent with a brief explanation of the nature of the sudden emergency, labor and equipment required, estimate of time required and the purpose for which labor, tools and equipment are needed.

History

Authority: AS 19.05.020; AS 19.10.100
Eff. 6/25/69, Register 30; am 11/16/83, Register 88

17 AAC 20.030 Transfer of excess equipment

(a) The department is responsible for the transfer of excess automotive and construction equipment to political subdivisions of the state for use in maintenance and construction of roads and airports.

(b) The department will circulate a list of such equipment periodically to all political subdivisions requesting to receive such lists.

(c) Political subdivisions must make requests for any desired equipment from the list within 30 days of mailing of the list.

(d) Political subdivisions must state in any request for excess equipment

(1) the need and contemplated use;

(2) ability to provide transportation; and

(3) ability to perform necessary repairs.

(e) The state maintenance engineer will evaluate all requests made for equipment from the excess list and make recommendations to the commissioner as to which items should be transferred and to which requesting political subdivision.

(f) Repealed 11/16/83.

History

Authority: AS 19.05.020; AS 19.05.060
Eff. 6/25/69, Register 30; am 11/16/83, Register 88

17 AAC 20.040 General

No road maintenance of any nature shall be performed by the state on a highway which is not part of the Alaska Highway System, except by reimbursable agreement.

History

Authority: AS 19.05.020; AS 19.10.030
Eff. 6/25/69, Register 30

17 AAC 20.950 Materials adopted by reference

For purposes of 17 AAC 10, 17 AAC 15, this chapter, and 17 AAC 60, the following documents are adopted by reference:

(1) the Alaska Traffic Manual, dated June 16, 2016, a amended through 2022, consisting of the

(A) Manual on Uniform Traffic Control Devices, 2009, including Revisions 1 - 3, dated through July 2022, issued by the United States Department of Transportation, Federal Highway Administration; and

(B) department's Alaska Traffic Manual Supplement, dated June 16, 2016, including errata and addenda as of June 2022;

(2) the department's publication Federal Aid Highways: Interstate, Primary, and Secondary Highways of Alaska, dated February 2022;

(3) the Rental Rate Blue Book for Construction Equipment, Vol. 1, dated 2001, published by Intertec Publishing Corporation; the publication in this paragraph is adopted by reference for the sole purpose of determining equipment and vehicle costs for the removal of outdoor advertising located within or outside of highway right-of-way under 17 AAC 20.012 and 17 AAC 20.013;

(4) the department's Alaska Highway Preconstruction Manual, dated September 2, 2022;

(5) the department's Alaska Aviation Preconstruction Manual, dated January 1, 2021;

(6) the department's Alaska Right-of-Way Manual, February 2022 edition;

(7) the department's Alaska Utilities Manual, dated June 17, 2022;

(8) the department's Standard Specifications for Highway Construction, February 2020 edition, as modified through June 1, 2023;

(9) the department's Alaska Construction Manual, dated March 10, 2023;

(10) the department's Alaska Standard Plans Manual, dated September 15, 2022, as modified through June 1, 2023;

(11) the department's Alaska Sign Design Specifications, dated January 23, 2015, revised as of July 1, 2022.

History

Authority: AS 19.05.010; AS 19.05.040; AS 44.42.030 AS 19.05.020; AS 44.42.020
Eff. 3/1/2002, Register 161; am 2/5/2004, Register 169; am 7/15/2009, Register 191; am 11/15/2024, Register 252

17 AAC 20.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "highway rest stop or pullout" has the meaning given in 17 AAC 05.990;

(2) "vehicle" has the meaning given in 17 AAC 25.900.

History

Authority: AS 19.05.010; AS 19.05.040 AS 19.05.020; AS 44.42.030
Eff. 3/1/2002, Register 161

Chapter 25 Operations, Wheeled Vehicles

Article 1 Motor Vehicles: Size and Weight

17 AAC 25.010 Prohibited vehicles and loads

Repealed.

History

Eff. 6/25/69, Register 30; am 9/3/72, Register 43; am 3/22/81, Register 77; am 11/16/83, Register 88; am 9/1/84, Register 91; repealed 8/13/95, Register 135

17 AAC 25.011 Prohibited vehicles and loads

Except under a permit issued under this chapter, or a traffic control plan approved, as part of a construction contract, by the department within the limits of a highway construction project, a vehicle, including load, that exceeds the size or weight limitations set out in this chapter, 17 AAC 28, or 17 AAC 35 may not be driven or moved upon the state highway system. A vehicle that is owned by the state and operated by a department employee acting within the scope of departmental employment is not subject to the provisions of this chapter.

History

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 8/13/95, Register 135; am 10/7/2001, Register 160; am 12/31/2006, Register 180

17 AAC 25.012 Legal vehicle size

(a) The width of a vehicle, including load, may not exceed 102 inches. Equipment may extend no more than three inches beyond the 102-inch width limitation on each side of the vehicle if the equipment is attached to the vehicle. However, the following items are not subject to the maximum width requirements of this subsection:

(1) rear view mirrors;

(2) turn signal lamps;

(3) handholds for entry into or egress from the cab;

(4) splash and spray suppressant devices;

(5) load-induced tire bulge;

(6) recreational vehicle awnings in the retracted position;

(7) manufacturer-installed appurtenances, including alternating-current (AC) power outlets and exhaust fans.

(b) A vehicle, including load, may not exceed a height of 15 feet except that a vehicle operating between the Fox Weigh Station and Prudhoe Bay on the Dalton and Elliott Highways may have a height, including load, of 17 feet.

(c) The following maximum lengths may not be exceeded on National Highway System (NHS) routes listed on the State of Alaska's National Highway System map, revised as of October 27, 2020, and adopted by reference:

(1) the length of a power vehicle may not exceed 45 feet;

(2) repealed 12/31/2006;

(3) the cargo-carrying length of a semitrailer or may not exceed 53 feet;

(4) the overall length of a combination of vehicles, consisting of a truck and one cargo-carrying vehicle or a truck tractor and two cargo-carrying vehicles, may not exceed 75 feet; however, a combination of a truck tractor and one cargo-carrying vehicle is not subject to an overall length limit;

(5) long combination vehicles (LCVs) may not exceed the maximum lengths set out in 17 AAC 25.014;

(6) a load or equipment may not overhang or extend more than

(A) three feet beyond the front bumper of the vehicle; or

(B) four feet beyond the rear of a vehicle.

(d) The following maximum lengths may not be exceeded on the state highway system, other than routes described in (c) of this section:

(1) the length of a power vehicle may not exceed 45 feet;

(2) the cargo-carrying length of a semitrailer or trailer may not exceed 53 feet;

(3) the overall length of a combination of vehicles, consisting of a truck and one cargo-carrying vehicle or a truck tractor and one or two cargo-carrying vehicles, may not exceed 75 feet;

(4) a load or equipment may not overhang or extend more than

(A) three feet beyond the front bumper of the vehicle; or

(B) four feet beyond the rear of the vehicle.

(e) On all routes

(1) a semitrailer used in combination may not exceed 53 feet in length;

(2) a load or equipment may not overhang more than four feet beyond the rear of a semitrailer used in combination; and

(3) combinations may not have more than two cargo-carrying vehicles in the combination.

(f) Vehicles within the limitations set out in (c) of this section may move to and from routes specified in (c) of this section to access or return from terminals or facilities for fuel, servicing, delivering or receiving cargo, or food and rest for the vehicle operator. A vehicle must use the most direct interconnecting truck route wherever possible when moving to or from the specified routes. Vehicle movement off the state highway system is subject to local ordinance. A vehicle moving to or from specified routes may not travel further than a five-mile distance from these routes, except if using roads identified in 17 AAC 25.014(f)(1) - (7).

(g) Equipment is not included in the vehicle size limitations contained in (a), (c), (d), and (e) of this section, except as specifically provided.

History

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 8/13/95, Register 135; am 10/7/2001, Register 160; am 11/16/2004, Register 172; am 12/31/2006, Register 180; am 4/9/2009, Register 190; am 12/30/2010, Register 196; am 11/26/2015, Register 216; am 12/6/2018, Register 228; am 1/11/2024, Register 249

17 AAC 25.013 Legal vehicle weight

(a) Except as provided in 17 AAC 25.335, the weight of a vehicle or combination of vehicles, including load and equipment, operated or moved on the state highway system may not exceed a limit set out in this section. If more than one weight limit applies, the most restrictive limitation will be used to determine the maximum allowable weight, as follows:

(1) the weight on a tire may not exceed 600 pounds per linear inch of tire width based upon the tire manufacturer's rating of nominal tire width;

(2) repealed 4/12/2013;

(3) repealed 4/12/2013;

(4) except as provided in (5) of this subsection, for a vehicle or combination of vehicles, including load and equipment, the weight on axles or axle groups may not exceed, and the distance between axles may not be less than, the following:

Weight (pounds) Distance Single Axle20,000 8 feet and 1 inch

minimum spacing*2-Axle Group38,000 3 feet and 6 inches

minimum spacing3-Axle Group42,000 3 feet and 6 inches

minimum spacing4-Axle Group50,0003 feet and 6 inches

minimum spacing* Any axle spaced less than 8 feet and 1 inch from any other axle, measured between

the centers of the nearest axles, is considered as part of an axle group. In multi-axle

groups, all axles must carry at least 6,000 pounds if the axle group weight is more

than 50 percent of the legal group weight. Lift axles or variable suspension axles are

allowed in the drive axle group of the power vehicle, but may not be used to deter-

mine the legal allowable vehicle gross weight prescribed by the Bridge Gross Weight

Formulas in (a)(6) of this section.

(5) if the combination is a truck tractor and single semitrailer combination where the length of the semitrailer is 48 feet or more, the weight on a three-axle group on the semitrailer may not exceed, and the distance between the axles may not be less than the following:

Weight (pounds) Distance 42,0003 feet and 6 inches

minimum spacing43,5005 feet minimum spacing45,0006 feet minimum spacing

(6) the maximum gross vehicle weight for a vehicle or vehicle combination may not exceed the amount prescribed by the following formulas, referred to as the Bridge Gross Weight Formulas:

(A) maximum gross vehicle weight for a vehicle with lift axles in the drive axle group may not be greater than the weight determined under the following formula:

W = 500 [ LN / N-1 + 12N + 36]

where

W = the maximum gross vehicle weight to the nearest 500 pounds;

L = the distance in whole feet, measured between the centers of the extreme axles for the vehicle or the vehicle combination; a measurement including a fractional portion of a foot is stated as the next higher whole number; and

N = the number of axles on the vehicle or vehicle combination and does not include lift axles in the drive axle group of a power vehicle;

(B) the maximum gross vehicle weight for a vehicle with no lift axles in the drive axle groups may not be greater than the weight determined under the following formula:

W = 500 [ LN / N-1 + 12N + 36] + 3,000

where

W = the maximum gross vehicle weight to the nearest 500 pounds;

N = the number of axles on the vehicle or vehicle combination.

(b) In a combination of a power vehicle and two or more cargo-carrying vehicles consisting of trailers or semitrailers, the heavier cargo-carrying vehicle must be placed immediately behind the power vehicle when one cargo-carrying vehicle is more than 5,000 pounds heavier than any other cargo-carrying vehicle in the combination. The weight of the power vehicle and the first cargo-carrying vehicle in a combination with two or more cargo-carrying vehicles may not exceed the weight allowable in this section for a power vehicle and single cargo-carrying vehicle with the same axle configuration and of equal length, calculated without regard to the weight of the following cargo-carrying vehicles in the combination.

(c) The weight carried by individual axle groups before or after pintle hooks or other connecting devices in vehicle combinations may not exceed the standards for axle group weights set out in this section.

(d) Between October 1 and April 15, shifting of legal axle weights set out in (a)(4) and (5) of this section is allowed for one, two, and three drive axle groupings on power vehicles traveling on the Steese, Elliott, Dalton, and Richardson Highways between North Pole and Prudhoe Bay, or between North Pole and MP 30 of the Steese Highway. The shifted weight on these drive axle groupings may not exceed 2,000 pounds per axle. The legal allowable gross weight on a vehicle or combination of vehicles may not exceed the maximum weight as determined by methods set out in this section. An overweight permit is not required for shifting additional weight to the drive axle group during the period defined. Traction weight shifting is not allowed for a power vehicle traveling under an overweight permit. Vehicle combinations operating with traction weight shifting on the power vehicle will be allowed reasonable right of access to and from the Steese, Elliott, and Dalton Highways, when traveling between Fairbanks and Prudhoe Bay, to reach or return from terminals and facilities for food, fuel, and rest, if the vehicle uses the most direct truck route whenever possible and moves not farther than five miles from the most direct route between North Pole and Fox. All movement within organized municipalities and boroughs is subject to local ordinances in addition to the requirements of this chapter.

(e) Except when an emergency requires immediate action, if the department determines that a highway may be damaged by a vehicle's weight, weight restrictions may be imposed after appropriate notice has been given to the public. When weight restrictions are imposed, they will be stated as a percentage of the legal allowable axle weights and applied to the maximum axle loading specified in this section. The weight on steering axles may not be restricted below 100 percent of the legal allowable axle weight. Unless approved by the department, a permit issued under 17 AAC 25.320 allowing overweight vehicles does not satisfy the requirements of this chapter in order to travel on weight-restricted highways during the period when weight restrictions are imposed.

(f) For purposes of this section, "pounds per inch of tire width" is determined by dividing the sum of the tire width in inches for tires mounted on an axle group into the weight carried on that axle group in pounds.

(g) A vehicle subject to the provisions of this section that uses an auxiliary power unit or an idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, will be allowed up to an additional 550 pounds total in power unit axle weights, gross vehicle weights, or bridge formula weight limits. Certification of the weight of the auxiliary power unit must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allowed may not exceed 550 pounds or the weight certified, whichever is less. To be eligible for this exception, the operator of the vehicle must be able to prove by

(1) written certification, the weight of the auxiliary power unit or idle reduction technology unit; and

(2) demonstration or certification, that the auxiliary power unit or idle reduction technology unit is fully functional at all times.

(h) The weight limitations set out in this section do not apply to a covered heavy-duty tow and recovery vehicle. In this subsection, "covered heavy-duty tow and recovery vehicle" means a vehicle that

(1) is transporting a disabled vehicle from the place where that vehicle became disabled to the nearest appropriate repair facility; and

(2) has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.

History

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 8/13/95, Register 135; am 10/7/2001, Register 160; am 12/31/2006, Register 180; am 4/9/2009, Register 190; am 12/30/2010, Register 196; am 4/12/2013, Register 206; am 11/26/2015, Register 216; am 12/6/2018, Register 228; am 1/11/2024, Register 249

17 AAC 25.014 Allowable long combination vehicle length on certain routes

(a) A long combination vehicle (LCV) with a cargo-carrying length that does not exceed 95 feet, measured from the front of the first cargo-carrying vehicle to the rear of the last cargo-carrying vehicle or load, including the connecting device, may operate upon one or more of the following routes, if individual trailers or semi-trailers in an LCV do not exceed 48 feet in cargo-carrying length:

(1) the Sterling, Seward and Glenn Highways, Alaska Route 1 (AK-1), from Homer to the junction with the Palmer-Wasilla Highway in Palmer;

(2) the Tok Cutoff, AK-1, from the junction with the Richardson Highway, Alaska Route 4 (AK-4), in Gakona Junction to the junction with the Alaska Highway, Alaska Route 2 (AK-2), in Tok;

(3) the Alaska Highway, AK-2, from the Canadian border to the junction with the Richardson Highway, AK-4, in Delta Junction;

(4) the Seward, Glenn, and Parks Highways, AK-1 and Alaska Route 3 (AK-3), from the Potter Weigh Station in Anchorage to the junction with the Parks Highway, AK-3, to the junction with the Richardson Highway, AK-2, in Fairbanks via the Mitchell Expressway; for purposes of this paragraph, the lead trailer in a truck tractor, two-trailer LCV may have a cargo carrying length of 53 feet, if the total cargo carrying length, including the connecting device, does not exceed 95 feet;

(5) the Richardson Highway, AK-4 and AK-2, from the Alaska Marine Highway System ferry terminal in Valdez to the junction with the Mitchell Expressway, AK-3, in Fairbanks;

(6) the Seward Highway, Alaska Route 9 (AK-9), from the junction with the Sterling Highway, AK-1, to Seward;

(7) the Kenai Spur Highway, from the junction with the Sterling Highway, AK-1, to Nikishka Dock.

(b) A long combination vehicle, consisting of a truck and one cargo-carrying vehicle whose overall length does not exceed 90 feet may operate upon the

(1) Seward and Glenn Highways, AK-1, from the Potter Weigh Station in Anchorage to the junction with the Palmer-Wasilla Highway in Palmer;

(2) Parks Highway, AK-3, from the junction with the Glenn Highway, AK-1, to the junction with the Richardson Highway, AK-2, in Fairbanks via the Mitchell Expressway; and

(3) Richardson and Alaska Highways, AK-2, from the junction with Gaffney Road in Fairbanks to Milepost 1412 of the Alaska Highway, near Delta Junction.

(c) A long combination vehicle, consisting of a truck and one cargo-carrying vehicle, a truck tractor and one cargo-carrying vehicle, or a truck tractor and two cargo-carrying vehicles, whose overall length does not exceed 95 feet may operate upon the

(1) Haines Highway, Alaska Route 7 (AK-7), from the Alaska Marine Highway System ferry terminal in Haines to the Canadian border;

(2) Glenn Highway, AK-1, from the junction with the Palmer-Wasilla Highway in Palmer to the junction with the Richardson Highway, AK-4, in Glennallen;

(3) North Slope Haul Road between Fairbanks and Prudhoe Bay, consisting of the

(A) Richardson Highway, Steese Expressway, and Elliot Highway, AK-2, from the junction with the Mitchell Expressway, AK-3, in Fairbanks to the junction with the Dalton Highway, Alaska Route 11 (AK-11); and

(B) Dalton Highway, AK-11, from the junction with the Elliot Highway, AK-2, to Prudhoe Bay; and

(4) Klondike Highway, Alaska Route 98 (AK-98), from the Alaska Marine Highway System ferry terminal in Skagway to the Canadian border.

(d) A long combination vehicle configured in a truck tractor and a triple cargo-carrying vehicle combination may operate only on the Glenn and Parks Highways, AK-1 and AK-3, between Anchorage and Fairbanks during the period from May 1 through September 30 of each year by permit issued under this chapter, with notice provided by the applicant to municipalities along the route, if

(1) each combination, including load, does not exceed 120 feet in overall length;

(2) each individual vehicle in the combination does not exceed 28.5 feet in length;

(3) the power vehicle engine power rating is not less than 400 horsepower; and

(4) except on the steering axle, each axle has four mounted tires or wide-base single tires.

(e) During movements, a long combination vehicle must

(1) stop operations during inclement weather conditions; and

(2) display an "oversize" or "long load" sign at the rear of the vehicle combination in accordance with Section 2.6 of the Administrative Permit Manual: Oversize and Overweight Permits, adopted by reference in 17 AAC 25.320(b).

(f) A vehicle that meets the requirements of this section may move to or from routes specified in (a) - (d) of this section to access or return from terminals or facilities for fuel, servicing, delivering or receiving cargo, or food and rest for the vehicle's operator. A vehicle must use the most direct interconnecting truck route wherever possible when moving to or from the specified routes. Vehicle movement off the state highway system is subject to local ordinance. A vehicle moving to or from specified routes may not travel further than a five-mile distance from these routes, except if using the following roads:

(1) Johnson Road, from where it intersects the Richardson Highway, AK-2, near Salcha;

(2) Kalifornsky Beach Road;

(3) Bridge Access Road, connecting Kalifornsky Beach Road and the Kenai Spur Road;

(4) Dayville Road;

(5) the Steese Highway, Alaska Route 6 (AK-6), from the junction with the Elliot Highway, AK-2, in Fox to Milepost 30;

(6) the Palmer-Wasilla Highway extension, from the intersection with the Parks Highway, AK-3, to the intersection with Knik-Goose Bay Road;

(7) Knik-Goose Bay Road, from the intersection with the Palmer-Wasilla Highway extension to the intersection with Point MacKenzie Road;

(8) Point MacKenzie Road, from the intersection with Knik-Goose Bay Road to the intersection with South Don Young Road;

(9) South Don Young Road, from the intersection with Point MacKenzie Road to Port MacKenzie;

(10) a road other than one listed in (1) - (9) of this subsection, if the department determines that the

(A) road will accommodate the necessary movement;

(B) necessity for the use will exist for more than 30 days; and

(g) A vehicle authorized to operate under this section must operate with its headlights illuminated at all times.

(h) Except as provided in this section, a long combination vehicle may not operate on any route on the state highway system without a permit issued by the department.

History

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 8/13/95, Register 135; am 10/7/2001, Register 160; am 11/16/2004, Register 172; am 12/31/2006, Register 180; am 4/9/2009, Register 190; am 4/12/2013, Register 206; am 11/26/2015, Register 216; am 1/11/2024, Register 249

17 AAC 25.015 Specialized equipment

(a) A rotating drum transit mix concrete truck with a booster axle or a lift axle, or both, may operate on the state highway system for the movement of specialty manufactured products or other loads if the gross weight of the vehicle and the axle weights are not greater than the standards set out in 17 AAC 25.013. Weight adjustment controls for the booster axle and the lift axle must be located outside the driver's compartment and not within reach of the driver while the truck is in motion. The up-and-down position control that controls the booster axle and the lift axle must be a single control, and may be located in the cab of the vehicle. The lift axle must be in the down position and engaged to carry a minimum of 6,000 pounds to be counted as a tridem axle group.

(b) A saddlemount combination with an overall length not exceeding 97 feet may operate on the state highway system and may include one full mount in the combination. The saddlemount combination must be in compliance with 23 C.F.R. 658.13, revised as of April 1, 2021 and adopted by reference.

(c) An automobile carrier may operate on the state highway system under the requirements of 23 C.F.R. 658.13, revised as of April 1, 2021 and adopted by reference.

(d) A boat transporter may operate on the state highway system under the requirements of 23 C.F.R. 658.13, revised as of April 1, 2021 and adopted by reference.

(e) A dry bulk tank products hauler may be used for the movement of products on the state highway system. Weight shifting may occur, if the legal gross weight of the vehicle is not exceeded and the weight shifted does not exceed 2,000 pounds per axle.

(f) A jeep may be used if authorized in a permit issued under 17 AAC 25.320.

History

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 8/13/95, Register 135; am 10/7/2001, Register 160; am 12/31/2006, Register 180; am 4/9/2009, Register 190; am 12/30/2010, Register 196; am 12/6/2018, Register 228; am 1/11/2024, Register 249

17 AAC 25.016 Authorized experimental uses

Repealed.

History

Eff. 8/13/95, Register 135; repealed 10/7/2001, Register 160

17 AAC 25.017 Supplemental axles

(a) Unless a vehicle is authorized to use supplemental axles under a permit issued under 17 AAC 25.320, supplemental axles may be used on vehicles operating on the state highway system only as provided in this section. Supplemental axles must have a manufacturer's rating equal to the weight being carried on the axle, but no less than 10,000 pounds on the axle.

(b) Supplemental axles may only be used on trailers and rotating drum transit mix concrete trucks for legal gross vehicle weight calculations. The weight adjustment controls for supplemental axles must be located outside the driver's compartment and not within reach of the driver while the vehicle is in motion. A rotating drum transit mix concrete truck with a lift axle must comply with 17 AAC 25.015(a). The up-and-down position controls for liftable belly axles may be located in the driver's compartment on bulk tank delivery vehicles, but these controls may only be activated when entering or exiting delivery terminals, including service stations. Adjustable air ride suspension systems may be used, if the tires are not lifted off the roadway.

(d) Belly axles may be used on trailers and semitrailers operating on the state highway system. A belly axle on vehicles first placed into service in this state after June 30, 1990 must be self-steering. The department will use the vehicle registration required by AS 28.10 as evidence of the date that the vehicle or trailer was placed in service in this state.

(e) Repealed 10/7/2001.

History

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 8/13/95, Register 135; am 10/7/2001, Register 160

17 AAC 25.020 Width of vehicles

Repealed.

History

Eff. 6/25/69, Register 30; am 9/3/72, Register 43; am 3/22/81, Register 77; am 6/19/81, Register 78; am 9/1/84, Register 91; repealed 8/13/95, Register 135

17 AAC 25.030 Height and length of vehicles and loads

Repealed.

History

Eff. 6/25/69, Register 30; am 9/3/72, Register 43; am 11/16/83, Register 88; am 9/1/84, Register 91; am 1/18/86, Register 97; am 9/19/86, Register 99; am 4/11/90, Register 114; am 7/13/91, Register 119; am 4/27/92, Register 122; am 8/23/92, Register 123; am 12/29/93, Register 128; repealed 8/13/95, Register 135

17 AAC 25.032 Weight distribution combination vehicles

Repealed.

History

Eff. 7/11/90, Register 115; repealed 8/13/95, Register 135

17 AAC 25.035 Reasonable access

Repealed.

History

Eff. 9/1/84, Register 91; am 4/11/90, Register 114; am 7/3/91, Register 119; repealed 8/13/95, Register 135

17 AAC 25.040 Confinement of loads

Repealed.

History

Eff. 6/25/69, Register 30; am 9/3/72, Register 43; repealed 8/13/95, Register 135

17 AAC 25.050 Trailers and towed vehicles

Repealed.

History

Eff. 6/25/69, Register 30; am 9/3/72, Register 43; repealed 10/7/2001, Register 160

17 AAC 25.060 Allowable gross weights

Repealed.

History

Eff. 6/25/69, Register 30; am 9/3/72, Register 43; am 9/3/74, Register 51; am 11/19/84, Register 92; am 1/18/86, Register 97; am 9/10/86, Register 100; am 4/28/87, Register 102; am 11/29/87, Register 104; am 4/11/90, Register 114; am 7/11/90, Register 115; repealed 8/13/95, Register 135

17 AAC 25.062 Lift axles

Repealed 11/29/87.

17 AAC 25.063 Supplemental axles

Repealed.

History

Eff. 11/29/87, Register 104; am 12/4/89, Register 112; am 4/11/90, Register 114; am 7/11/90, Register 115; repealed 8/13/95, Register 135

17 AAC 25.065 Specialty vehicles

Repealed.

History

Eff. 1/18/86, Register 97; am 11/29/87, Register 104; am 7/11/90, Register 115; am 7/3/91, Register 119; repealed 8/13/95, Register 135

17 AAC 25.070 Enforcement

Repealed 11/16/83.

17 AAC 25.080 Permits for excess size and weight

Repealed 3/22/81.

17 AAC 25.090 Requirements for permits

Repealed 11/16/83.

17 AAC 25.100 Road closures and restrictions

(a) The Department of Transportation and Public Facilities may prohibit the operation of vehicles upon any highway or may impose restrictions on any aspect of vehicle operation on any highway whenever the highway, in the judgment of the commissioner, may be seriously damaged or destroyed by such operation or whenever it is deemed necessary by the commissioner in the interests of safety to the traveling public. The restrictions shall be effective after due notice has been given to the public except in an emergency requiring immediate action.

(b) Except for steering axles, whenever weight restrictions imposed by the commissioner or the commissioner's representative are stated as a percentage of legal allowable weights, the percentage shall be applied to the maximum allowable axle loading of 17 AAC 25.013(a)(4) and (5).

History

Authority: AS 19.05.020; AS 19.10.060; AS 44.42.020 AS 19.05.040; AS 19.10.100; AS 44.42.030
Eff. 6/25/69, Register 30; am 9/3/72, Register 43; am 9/3/74, Register 51; am 8/13/95, Register 135; am 12/30/2010, Register 196; am 11/26/2015, Register 216

17 AAC 25.105 Specially designated highways

Repealed.

History

Eff. 9/1/84, Register 91; am 4/11/90, Register 114; repealed 8/13/95, Register 135

17 AAC 25.106 Experimental uses of the state highway system

Repealed.

History

Eff. 7/11/90, Register 115; repealed 8/13/95, Register 135

17 AAC 25.107 Overlength permits on certain routes

Repealed.

History

Eff. 1/18/86, Register 97; am 4/11/90, Register 114; repealed 8/13/95, Register 135

17 AAC 25.108 Operating requirements for three cargo-carrying units

Repealed.

History

Eff. 4/27/92, Register 122; am 8/23/92, Register 123; repealed 8/13/95, Register 135

17 AAC 25.109 Operating requirements and specially designated routes for articulated buses

Repealed.

History

Eff. 7/3/91, Register 119; repealed 12/29/93, Register 128

17 AAC 25.110 Definitions

Repealed.

History

Eff. 6/25/69, Register 30; am 9/3/72, Register 43; am 6/19/81, Register 78; am 11/16/83, Register 88; am 9/1/84, Register 91; am 1/18/86, Register 97; am 11/29/87, Register 104; am 7/31/91, Register 119; am 4/27/92, Register 122; am 8/23/92, Register 123; repealed 8/13/95, Register 135

17 AAC 25.119 Operations, Wheeled Vehicles

17 AAC 25.119. Definitions for 17 AAC 25.011 - 17 AAC 25.119. In 17 AAC 25.011 - 17 AAC 25.119, unless the context requires otherwise, "equipment" means air conditioning units, heating or cooling units, air compressors, winches, bumpers, flexible fender extensions, bolsters, log bunks, binder chains, clearance lights, rub rails, rock guards, mud flaps, pin pockets, door handles, steps, tire chain hangers, backup lights, forks or fork lifting devices, front mounted animal control devices, hydraulic lift gates, headache racks, or mechanical fastening devices.

History

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 11/16/2004, Register 172

Authority: AS 19.05.010; AS 19.10.060; AS 19.10.370 AS 19.05.020; AS 19.10.310; AS 19.10.399 AS 19.05.040; AS 19.10.340
Eff. 11/16/2004, Register 172; am 11/26/2015, Register 216; am 12/6/2018, Register 228

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 10/7/2001, Register 160; am 11/16/2004, Register 172; am 4/9/2009, Register 190; am 4/12/2013, Register 206; am 2/10/2016, Register 217; am 12/6/2018, Register 228

Article 4 Unified Carrier Registration

17 AAC 25.400 Operations, Wheeled Vehicles

17 AAC 25.400. Unified Carrier Registration program requirements. (a) To own or operate a commercial motor vehicle in this state as a motor carrier or motor private carrier, or provide services as a freight forwarder, broker, or leasing company in interstate commerce, a company or individual shall register annually in the Unified Carrier Registration program established under 49 U.S.C. 14504a. (b) Each registration must be accompanied by a fee, the amount of which will be determined annually by the Secretary of the United States Department of Transportation under 49 U.S.C. 14504a. Registration fees for Unified Carrier Registration will be published by the Federal Motor Carrier Safety Administration under 49 C.F.R. Part 367 (standards for registration with states). Annual fees must be paid directly through the Unified Carrier Registration National Registration System. (c) An enforcement officer may order that movement of a vehicle be stopped if a registrant fails to pay the fee required under (b) of this section. If a vehicle is ordered to stop movement, the driver of the vehicle shall move the vehicle to a location specified by the enforcement officer. The stop movement order remains in effect until the registrant provides proof of payment of the fees.

History

Authority: AS 19.05.010; AS 19.05.040; AS 44.42.020 AS 19.05.020; AS 19.10.060; AS 44.42.030
Eff. 4/9/2009, Register 190; am 4/12/2013, Register 206; am 1/11/2024, Register 249

Article 5 Waivers

17 AAC 25.800 Operations, Wheeled Vehicles

17 AAC 25.800. Waiver of provisions. (a) The commissioner, or the commissioner's designee, will waive a requirement of this chapter for a particular state highway system route, or a portion of that route, if the commissioner, or the commissioner's designee, issues a written determination that the (1) state's best interests are served by the waiver; (2) usefulness of the particular highway is not diminished; (3) safety of other users is not compromised; and (4) traveling public will not be unreasonably inconvenienced. (b) Repealed 4/9/2009. (c) Repealed 10/7/2001.

History

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 8/13/95, Register 135; am 10/7/2001, Register 160; am 4/9/2009, Register 190

Article 6 General Provisions

17 AAC 25.900 Operations, Wheeled Vehicles

17 AAC 25.900. Definitions. Unless the context indicates otherwise, in this chapter (1) "axle" means the common axis of rotation of two or more wheels, whether power-driven or freely rotating, attached to the vehicle for the purpose of carrying a portion of the vehicle weight, including any load; (2) "axle group" means two or more axles where an individual axle is spaced less than 8 feet and 1 inch from any other axle, as measured from the centers of the axles; (3) "belly axle" means a single axle on a trailer or semitrailer that is located at least 8 feet and 1 inch from the nearest rear axle of a vehicle; (4) "booster axle" means an axle on a truck that is designed to transfer a portion of the truck weight to the steering axle, and that is located more than 8 feet and 1 inch from the nearest axle; (5) "cargo-carrying length" means the portion of the cargo carrying unit of a vehicle with two or more such units, measured from the front of the first unit to the rear of the last unit, including the hitch(es) between the units, with the exception of the upper coupler on a beverage semitrailer and the B-train assembly between the first and second semitrailers; (6) "cargo-carrying unit" means any portion of a vehicle combination, other than the truck tractor, used for carrying cargo, including a trailer, semitrailer, or the cargo carrying section of a single-unit truck; (7) "commissioner" means the commissioner of transportation and public facilities; (8) "department" means the Department of Transportation and Public Facilities; (9) "division" means the division of measurement standards and commercial vehicle compliance within the department; (10) "dromedary" means a box, tank, deck, or plate that does not exceed 10 feet in length, and that may be used to carry cargo on a truck tractor; (11) "emergency" means a condition that is potentially hazardous to life or property, or that prevents a damaged highway from being used by the public; (12) "enforcement officer" means a (A) peace officer; or (B) department employee who is (i) authorized by the commissioner of transportation and public facilities under AS 45.75.131; and (ii) appointed as a special officer by the commissioner of public safety under AS 18.65.010; (13) repealed 11/16/2004; (14) "4-axle group" or "quad axle" means a multi-axle group of four axles that is attached with a connecting mechanism, with each separate axle located less than 8 feet and 1 inch from the other axles; (15) "full mount" means a vehicle mounted completely upon the first or last vehicle in a saddlemount combination; (16) "gross weight" or "gross vehicle weight" means the total weight of a vehicle, or a combination of vehicles, including load and any accumulated snow, ice, mud, rocks, or dirt; (17) "height" means the total vertical dimension of a vehicle above a roadway, including any load, load-holding device, and equipment; (18) "inclement weather" means (A) fog, rain, or snow conditions that restrict visibility to less than 1,000 feet; (B) wind conditions that render a vehicle unable to maintain directional control within one driving lane; or (C) an accumulation of ice, snow, or freezing rain upon a roadway that render a vehicle unable to maintain traction; (19) "jeep" means a short frame-type trailer complete with upper coupler, fifth wheel, and undercarriage assembly and designed so that, when coupled between a semitrailer and tractor, the jeep carries a portion of the trailer king pin load while transferring the remainder of that load to the tractor's fifth wheel; (20) "king pin" means the device that connects the upper half to the lower half of a coupling device in a manner that permits relative motion in a horizontal plane between a towed vehicle and a towing vehicle; (21) "length" means the total longitudinal dimension of a vehicle; (22) "lift axle" or "variable suspension axle" means an axle (A) with mounted tires and rims; and (B) that may be elevated or regulated by raising its tires from the roadway, with the result that a portion of the vehicle weight is transferred to another axle or axle group; (23) "load" means anything that is carried on or in a vehicle, but that is not permanently attached to the vehicle; (24) "long combination vehicle" or "LCV" means a combination of a power vehicle and cargo-carrying vehicles that exceeds the length specified in 17 AAC 25.012(c); (25) "multi-axle group" means an assembly of more than two axles that are attached with connecting devices; (26) "non-divisible vehicle or load" means a vehicle or load that (A) exceeds a length or weight limit set out in this chapter; and (B) if separated into smaller vehicles or loads, would (i) compromise the intended use of the vehicle; (ii) destroy the value of the load or vehicle; or (iii) require more than eight work hours to dismantle using appropriate equipment; (27) "overall length" means the total longitudinal length of a vehicle or a combination of vehicles, including the load; (28) "overall width" means width as measured in accordance with 17 AAC 25.012(a); (29) "permit" means an authorization issued under 17 AAC 25.320 for movement or operation of oversize and overweight vehicles on a highway; (30) "pounds per inch of tire width" means a measure of weight restriction based upon a tire manufacturer's rating of nominal tire width; (31) "power vehicle" means a truck, a truck tractor, or another vehicle capable of towing a cargo-carrying vehicle; (32) "saddle" means a mechanism that connects the front axle of a towed vehicle, by a king pin, to the frame or fifth wheel of the towing vehicle; (33) "saddlemount combination" means a power unit towing up to three other power vehicles, each connected to the preceding vehicle by a saddle; (34) repealed 12/6/2018; (35) "shifting" means the process by which a portion of a load is transferred from one axle group to another by adjusting air pressure, adjusting the fifth wheel, or physically moving part of the load to another axle group without removing the load from the vehicle; (36) "single axle" means an assembly of two or more wheels whose centers are in one transverse vertical plane not less than 8 feet and 1 inch from another axle, and extending across the full width of a vehicle; (37) "single axle weight" means the total weight transmitted to the roadway by the wheels of a single axle; (38) "state" means State of Alaska; (39) "steering axle" means one or more axles on the front of a power vehicle that can be activated by the operator to directly accomplish guidance or steerage of the power vehicle or a combination of vehicles; (40) "steerable axle" means an axle that has a self-steering mechanism that operates while a vehicle is in motion; (41) "supplemental axle" means a lift axle, a variable suspension axle, or a belly axle; (42) "tandem axle weight" means the total weight transmitted to the roadway by a two axle group; (43) "terminal" means a business licensed under AS 43.70 where commercial goods are loaded or unloaded from commercial vehicles or services for commercial vehicles are obtained; (44) "3-axle group" or "tridem axle" means a multi-axle group of three axles that is attached to a vehicle with a connecting mechanism, with each separate axle located less than 8 feet and 1 inch from the other axles; (45) "trailer" means a (A) full trailer, which is any vehicle other than a pole trailer designed to be drawn by another motor vehicle and constructed such that no part of its weight, except for the towing device, rests upon the self-propelled towing vehicle, including the use of a converter dolly on a semitrailer; (B) pole trailer, which is any motor vehicle designed to be drawn by another motor vehicle and attached to the towing motor vehicle by means of a "reach" or "pole," or by being "boomed" or otherwise secured to the towing vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members that generally are capable of sustaining themselves as beams between supporting connections; or (C) semitrailer, which is any vehicle, other than a pole trailer, designed to be drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self propelled towing vehicle; (46) "truck" means any self-propelled commercial motor vehicle except a truck tractor, designed or used for the transportation of property; (47) "truck tractor" means a self-propelled commercial motor vehicle designed or used primarily for drawing other vehicles; (48) "2-axle group" or "tandem axle" means an assembly of two axles that are attached to a vehicle by a connecting mechanism designed to distribute weight equally to both axles of the group, "2-axle group" or "tandem axle" does not include lift axles, variable suspension axles, booster axles, or belly axles located within less than 8 feet and 1 inch of that assembly; (49) "variable suspension axle" has the meaning given to "lift axle" in this section; (50) "vehicle" means a wheeled device capable of transporting persons or property on a highway; including anything permanently attached to the wheeled device. (51) "intrastate commerce" has the meaning ascribed to it in 49 C.F.R. 390.5, adopted by reference in 17 AAC 25.210(a). (52) "B-train assembly" means a rigid frame extension attached to the rear frame of the first semitrailer which allows for a fifth wheel connection point for the second semitrailer; (53) "B-train length" means the B-train assembly is included in the measurement of a singly used semitrailer; (54) "converter dolly" means a vehicle consisting of a chassis equipped with one or more axles, a fifth wheel, and/or equivalent mechanism and drawbar, the attachment of which converts a semitrailer to a full trailer.

History

Authority: AS 19.05.010; AS 19.10.060; AS 45.75.050 AS 19.05.020; AS 44.42.020 AS 19.05.040; AS 44.42.030
Eff. 8/13/95, Register 135; am 10/7/2001, Register 160; am 11/16/2004, Register 172; am 4/9/2009, Register 190; am 12/30/2010, Register 196; am 12/6/2018, Register 228; am 1/11/2024, Register 249

Chapter 28 Buses

17 AAC 28.010 Maximum size limitation of buses

To operate on a state highway, a bus may not exceed the following maximum limitations:

(1) the width, including equipment, of no greater than 120 inches; and

(2) the length, including equipment, of no longer than 50 feet for a non-articulated bus and the length, including equipment, of no longer than 65 feet for an articulated bus.

History

Authority: AS 19.05.020; AS 19.10.060 AS 19.05.040; AS 44.42.020
Eff. 12/29/93, Register 128

17 AAC 28.012 Equipment described

For the determination of size of buses under this chapter, equipment includes the following items:

(1) air-conditioning units;

(2) air compressors;

(3) bumpers;

(4) mirrors;

(5) flexible fender extensions;

(6) splash and spray suppression devices;

(7) bolsters;

(8) tire bulges due to load;

(9) baggage;

(10) specialty components;

(11) mechanical fastening devices;

(12) length and width exclusive devices described in 25 C.F.R. 658(e) and (g) (1993).

History

Authority: AS 19.05.020; AS 19.10.060; AS 44.42.030 AS 19.05.040; AS 44.42.020
Eff. 12/29/93, Register 128

17 AAC 28.015 Limitations on bus equipment

(a) All bus equipment, except for mirrors, may extend no more than four inches from the body width of the bus.

(b) Mirrors may be mounted not less than four feet above the roadway surface and may extend no more than 12 inches from the body width of the bus.

(c) Equipment may not overhang the front bumper or the rear bumper of the bus by more than 30 inches and is subject to the size specifications set out in 17 AAC 28.020.

History

Authority: AS 19.05.020; AS 19.10.060; AS 44.42.030 AS 19.05.040; AS 44.42.020
Eff. 12/29/93, Register 128

17 AAC 28.020 Restrictions on buses by size or type

(a) For buses 40 feet or less in length, including equipment - this size of bus may operate on the entire state highway system without an oversized vehicle permit if the bus is

(1) not wider than 102 inches excluding equipment, and

(2) not higher than 14 feet including equipment.

(b) For buses over 40 feet but less than 50 feet in length, including equipment, this size of bus may operate

(1) on the specially designated highways listed in 17 AAC 28.030(a) without an oversize vehicle permit, if the bus

(A) is not wider than 102 inches excluding equipment; and

(B) is not higher than 14 feet including equipment;

(2) on other portions of state highway system with an oversize vehicle permit if the bus

(A) is not wider than 102 inches excluding equipment;

(B) is not higher than 14 feet including equipment;

(D) is driven on a highway with

(i) lane widths of less than 11 feet or traveling surface more than 20 feet wide but less than 22 feet and a pilot car precedes the bus; or

(ii) a traveling surface less than 20 feet, two pilot cars precede the bus, and operating at reduced speed as stated in the permit; and

(E) travels only during daylight hours.

(c) For an articulated bus - this type of bus may only operate on the specially designated highways listed in 17 AAC 28.030(b) with an oversize vehicle permit from May 1 - September 30 of each year if

(1) the overall length of the bus is not greater than 60 feet excluding equipment;

(2) the length of each unit of the bus is not greater than 40 feet excluding equipment;

(3) the width of each unit of the bus is not greater than 102 inches excluding equipment;

(4) the height of each unit of the bus is not greater than 14 feet excluding equipment;

(5) the engine power rating is at least 450 horsepower;

(6) the bus has at least four axles; and

(7) a turntable mechanism, with motion limiters, connects the two units of the bus.

History

Authority: AS 19.05.020; AS 19.10.060; AS 44.42.030 AS 19.05.040; AS 44.42.020
Eff. 12/29/93, Register 128

17 AAC 28.025 Operating requirements for longer buses

Buses, including articulated buses, with length greater than forty feet, including equipment, must

(1) operate with headlights on at all times;

(2) during operations on highways with two traveling lanes, allow queues of five or more following vehicles to pass at the first opportunity;

(3) if multiple lanes are available, use the far right lane except when passing another vehicle or preparing for a left turn;

(4) carry one blanket, measuring at least six feet by three feet, for each seat on the bus; and

(5) carry two collapsible stretchers.

History

Authority: AS 19.05.020; AS 19.05.060; AS 44.42.030 AS 19.05.040; AS 44.42.020
Eff. 12/29/93, Register 128

17 AAC 28.030 Specially designated highways

(a) Buses described in 17 AAC 28.020(b) may operate without an oversized vehicle permit upon the following portions of the state highway system

(1) the Alaska Highway, Alaska Route 2 (AK-2) from Fairbanks (Gaffney Road Junction) to the Canadian Border;

(2) Richardson Highway, Alaska Route 4 (AK-4) from Delta Junction to Valdez (Ferry Terminal);

(3) Glenn Highway, Alaska Route 1 (AK-1) from Anchorage (Gambell Street at its intersection with East Fifth Avenue) to Glennallen;

(4) Tok Cutoff, AK-1 from Tok to its junction with AK-4;

(5) Seward Highway, Alaska Route 9 (AK-9) from Seward (Ferry Terminal) to its junction with AK-1;

(6) Seward Highway, AK-1 from its junction with AK-9 to Anchorage (Gambell Street at its intersection with East Fifth Avenue);

(7) Sterling Highway, AK-1 from Homer (Ferry Terminal) to its junction with AK-9;

(8) Parks Highway, Alaska Route 3 (AK-3) from its junction with AK-1 to Fairbanks (Gaffney Road Junction);

(9) Steese Highway, Alaska Route 6 (AK-6) from its junction with Alaska Route 2 (AK-2) (at Fox) to Circle;

(10) Dalton Highway, Alaska Route 11 (AK-11) from its junction with AK-6 (near Livengood) to Deadhorse;

(11) Steese Highway, AK-2 from Fairbanks (Gaffney Road Junction) to its junction with AK-6 (at Fox);

(12) Elliot Highway, AK-2 from its junction with AK-6 (at Fox) to its junction with AK-11 (near Livengood);

(13) Haines Highway, Alaska Route 7 (AK-7) from Haines (Ferry Terminal) to the Canadian Border;

(14) Klondike Highway, Alaska Route 98 (AK-98) from Skagway (Ferry Terminal) to the Canadian Border;

(15) Egan Drive and Glacier Highway, Alaska Route 7 (AK-7) from Juneau (Main Street at its intersection with Egan Drive) to Echo Cove; and

(16) Mendenhall Loop Road from its junction with AK-7 to Mendenhall Glacier Visitors Center.

(b) Articulated buses meeting the requirements of 17 AAC 28.020(c) may operate with an oversized vehicle with permit upon the following portions of the state highway system

(1) Alaska Highway, Alaska Route 2 (AK-2) from Fairbanks (Gaffney Road Junction) to the Canadian Border;

(2) Richardson Highway, Alaska Route 4 (AK-4) from Valdez (Ferry Terminal) to Delta Junction;

(3) Glenn Highway, Alaska Route 1 (AK-1) from Anchorage (Gambell Street at its intersection with East Fifth Avenue) to Glennallen;

(4) Tok Cutoff, AK-1 from its junction with AK-4 to Tok;

(5) Seward Highway, Alaska Route 9 (AK-9) from Seward (Ferry Terminal) to its junction with AK-1;

(6) Sterling Highway, AK-1 from Homer (Ferry Terminal) to its junction with AK-9;

(7) Seward Highway, AK-1 from its junction with AK-9 to Anchorage (Gambell Street at its intersection with East Fifth Avenue);

(8) Parks Highway, Alaska Route 3 (AK-3) from its junction with AK-1 to Fairbanks (Gaffney Road Junction);

(9) Steese Highway, Alaska Route 6 (AK-6) from its junction with Alaska Route 2 (AK-2) (at Fox) to Circle;

(10) Haines Highway, Alaska Route 7 (AK-7) from Haines (Ferry Terminal) to the Canadian Border; and

(11) Klondike Highway, Alaska Route 98 (AK-98) from Skagway (Ferry Terminal) to the Canadian Border.

(c) In addition to the highways specially designated in this section, a bus operating under an oversize vehicle permit may travel five miles off the designated highways to reach places for fuel, maintenance, or passenger services.

History

Authority: AS 19.05.020; AS 19.10.060; AS 44.42.030 AS 19.05.040; AS 44.42.020
Eff. 12/29/93, Register 128

17 AAC 28.900 Definitions

Unless the context indicates otherwise in this chapter

(1) "bus" means a vehicle designed primarily for the transportation of persons rather than property that has capacity for at least 16 passengers;

(2) "oversize vehicle permit" means a permit issued under 17 AAC 25 by the department to authorize oversize vehicles to travel on state highways;

(3) "traveling surface" means the portion of the highway designed for the movement of vehicles, including shoulders and auxiliary lanes.

History

Authority: AS 19.05.020; AS 19.10.060; AS 44.42.030 AS 19.05.040; AS 44.42.020
Eff. 12/29/93, Register 128

Eff. 10/15/78, Register 68; am 3/30/84, Register 89; repealed 12/2/94, Register 132

Chapter 35 Toll Highways

17 AAC 35.010 Industrial use highways

(a) Under the provisions of AS 44.62 the department will, in its discretion, by regulation, designate a specified highway as an industrial use highway if its design features allow it to accommodate long or heavy loads.

(b) Except as provided in 17 AAC 35.020(d), use of a vehicle on an industrial use highway is controlled by the permit system established under 17 AAC 35.020 - 17 AAC 35.100 if the vehicle's length or width exceeds the limitations in 17 AAC 25.

(c) Interested parties may, by written request, petition the commissioner for designation of a particular route as an industrial use highway. The written request must include

(1) a descriptive summary of the condition of the existing facility and its capability to accommodate long or heavy loads;

(2) the design changes for the roadway or structures and any other improvements necessary to allow the facility to accommodate long or heavy loads;

(3) the costs of the design changes or other improvements necessary to allow the facility to accommodate long or heavy loads;

(4) the proposed uses that dictate designation of the facility as an industrial use highway;

(5) the economic, environmental, and social impact, and the degree to which designation of the highway as an industrial use highway will improve the general welfare of the people of the state; and

(6) various means of financing the cost of the changes to the facility necessary to allow it to accommodate long or heavy loads.

(d) Designation of a route as an industrial use highway is dependant upon a department study of

(1) the ability of the particular route to accommodate the vehicle lengths or heavy loads specified in 17 AAC 35.020;

(2) the safety of the movement of long or heavy loads and their impact upon users of the route;

(3) the design changes necessary for the roadway and structures; maintenance operations requirements; and traffic engineering, including the location and proposed design of vehicle pullouts, passing lanes, and other improvements for the route to accommodate the movement of long or heavy loads;

(4) the economic, environmental, and social impact, and the degree to which designation of the route as an industrial use highway will improve the general welfare of the people of the state; and

(5) the various means of financing the costs of the changes to the route to enable it to accommodate long or heavy loads.

(e) The department will, in its discretion, by regulation, establish specific length and weight limitations, not to exceed those set in 17 AAC 35.020, when the route is designated an industrial use highway.

(f) The department will, in its discretion, repeal its designation of a route as an industrial use highway upon a finding in writing that continued use of the route as an industrial use highway is not in the public interest.

History

Authority: AS 19.05.010; AS 19.05.125; AS 44.42.030 AS 19.05.020; AS 19.10.060 AS 19.05.040; AS 44.42.020
Eff. 11/1/87, Register 104

17 AAC 35.020 Industrial use highway permits

(a) A vehicle whose length exceeds the limitations of 17 AAC 25 but whose length is not more than 90 feet, including load, or whose weight exceeds the gross vehicle weight limitations of 17 AAC 25.060 but whose gross vehicle weight is not more than 200,000 pounds, will, in the department's discretion, be issued an industrial use highway permit to operate on an industrial use highway if the length and weight do not exceed those specified by the department for the industrial use highway.

(b) Subject to (c) of this section, an overweight or oversize permit referred to in 17 AAC 25.010, and issued under 3 AAC 35, is not required for a vehicle for which an industrial use highway permit has been issued under 17 AAC 35.030.

(c) A vehicle whose gross vehicle weight or whose length exceeds the weight or length limits specified for a particular industrial use highway may not operate on that industrial use highway unless it has a valid overweight or oversize permit issued under 3 AAC 35 and the permit fee, as calculated under 17 AAC 35.050, has been paid.

(d) A vehicle used on an industrial use highway which has neither an industrial use highway permit nor an overweight or oversize permit issued under 3 AAC 35, is subject to the weight and size limitations of 17 AAC 25.010(a).

(e) Application for an industrial use highway permit for a single trip must be made at least 24 hours before the applicant intends to move the vehicle on the highway. Application for an industrial use highway permit allowing multiple movements must be made at least 14 days before the applicant intends to commence operations. A permit will not be issued until the department has reviewed the permit application. In reviewing the permit application, the department will, in its discretion, conduct extensive analyses and will, in its discretion, solicit public comment.

(f) A permit application form may be obtained at the department office designated for the specific industrial use highway, and a completed application must be submitted to the department. However, if the commissioner has delegated authority to issue industrial use highway permits to another state agency under 17 AAC 35.030(f), a permit application form may also be obtained from that state agency and the completed application must be submitted to that state agency as described in (e) of this section rather than to the department.

History

Authority: AS 19.05.010; AS 19.05.125; AS 44.42.030 AS 19.05.020; AS 19.10.060 AS 19.05.040; AS 44.42.020
Eff. 11/1/87, Register 104; am 7/3/91, Register 119

17 AAC 35.030 Application; permit issuance

(a) An applicant for an industrial use highway permit shall submit a completed application to the department as required in 17 AAC 35.020(e) and (f). All terms of the application, and representations of the applicant made on the application, are incorporated by reference into the permit issued regardless of whether the permit specifically states those terms or representations.

(b) In the application the applicant shall state

(1) the vehicles to be used under the permit, including their horsepower rating, number of axles, and braking power;

(2) the gross vehicle weight and length, including load, for each vehicle to be used under the permit;

(3) the number of movements to be made over the route if the application is for multiple movements;

(4) the frequency of the movements, on a weekly basis, if the application is for multiple movements;

(5) the duration of operations if the application is for multiple movements; and

(6) any additional information necessary to evaluate the application which the department requests from the applicant.

(c) The department will, in writing, either grant or deny the permit, and will, in its discretion, in writing, impose limitations upon operations under the permit, consistent with the state's best interests, to limit or prevent damage to the route, to ensure the safety of other users of the route, or to require that operations occur during off-peak traffic hours.

(d) A permit is valid for 365 days after the date of its issuance, unless some shorter period is stated in the permit.

(e) An aggrieved applicant may appeal the denial of a permit, or the imposition of limitations, under 17 AAC 35.090.

(f) The commissioner will, in the commissioner's discretion, delegate to another state agency the responsibility for the issuance of industrial use highway permits and the collection of industrial use highway permit fees under 17 AAC 35.050.

History

Authority: AS 19.05.010; AS 19.05.125; AS 44.42.030 AS 19.05.020; AS 19.10.060 AS 19.05.040; AS 44.42.020
Eff. 11/1/87, Register 104

17 AAC 35.040 Permit revocation

(a) An industrial use highway permit will, in the department's discretion, be revoked if

(1) for a multiple-movement permit, the permit fees due are not paid within 60 days after issuance of the permit;

(2) the vehicular operations are not as specified in the application or permit;

(3) the vehicular operations, while consistent with the terms of the permit, cause excessive damage to the roadway or represent an unacceptable risk to other users of the highway; or

(4) continued use of the route as an industrial use highway is not in the state's best interests.

(b) A revocation of an industrial use highway permit made under this section will be in writing.

History

Authority: AS 19.05.010; AS 19.05.125; AS 44.42.030 AS 19.05.020; AS 19.10.060 AS 19.05.040; AS 44.42.020
Eff. 11/1/87, Register 104

17 AAC 35.050 Industrial use highway permit fees

(a) The department will charge a non-refundable fee for an industrial use highway permit issued under 17 AAC 35.030. The permit fee is calculated to offset the costs to the state to keep the roadway surface and other structures, including bridges, in a condition to accommodate long or heavy loads, and to offset administrative costs related to issuing industrial use highway permits. The permit fee will be calculated under (b) or (c) of this section, as applicable.

(b) A single-trip permit fee, based upon the criteria set out in (a) of this section, will be determined and set for each industrial use highway at least once each year and will be calculated on the basis of each vehicle Equivalent Axle Load (EAL). In the department's discretion, a single-trip permit fee will be determined and set more than once each year. The single-trip permit fee is calculated as follows:

(1) Equivalent Axle Load (EAL) is calculated using the following formula, which is derived from B.A. Anani and M.C. Wang, State of the Art Review on Equivalent Axle Loading for Pavement Design, Report PTI 7803, Pennsylvania Transportation Institute, Pennsylvania State University (March, 1978):

4.79EAL for Single Axle =[Axle Weight (pounds)/1000] + 1 18 + 14.79EAL for a Tandem Axle =[Axle Group Weight (pounds)/1000] + 1 32 + 14.79EAL for a Three Axle Tandem =[Axle Group Weight (pounds)/1000] + 1 40 + 1

(2) The permit fee is calculated by multiplying the sum of EAL values calculated under (1) of this subsection for each axle or axle group of the vehicle, by the dollar amount set for an EAL for that industrial use highway.

(c) The fee for a multiple movement permit is calculated as for a single-trip permit fee, and applied to each movement authorized under the multiple movement permit.

(d) The single-trip permit fee must be paid to the department as a condition of issuance. A billing system may be established by the department for multiple movements of equivalent weights by one individual, firm or company, provided evidence of a good credit rating has been supplied by the individual, firm or company. Payment must be in a form acceptable to the department.

(e) For purposes of this section, "administrative costs" include expenses associated with vehicle and load inspection, bridge and pavement design review, route inspection and monitoring, and billing costs.

History

Authority: AS 19.05.010; AS 19.05.125; AS 44.42.030 AS 19.05.020; AS 19.10.060 AS 19.05.040; AS 44.42.020
Eff. 11/1/87, Register 104

17 AAC 35.060 Toll Highways

17 AAC 35.060. Applicability of 17 AAC 25. (a) Seasonal weight restrictions imposed under 17 AAC 25.100 apply to operations on industrial use highways under an industrial use highway permit unless specifically exempted by the department for a particular route. (b) All other standards and requirements of 17 AAC 25, other than those for weight and length, apply to operations on industrial use highways under an industrial use highway permit unless those standards and requirements are inconsistent with 17 AAC 35, in which case the provisions of 17 AAC 35 control.

History

Authority: AS 19.05.010; AS 19.05.125; AS 44.42.030 AS 19.05.020; AS 19.10.060 AS 19.05.040; AS 44.42.020
Eff. 11/1/87, Register 104

17 AAC 35.070 Toll Highways

17 AAC 35.070. Indemnification and insurance. (a) A permittee under an industrial use highway permit shall indemnify, defend, and hold harmless the state for any claims that arise solely from the permittee's operations under its permit. (b) A permittee shall maintain general liability insurance, with a minimum policy limit per occurrence of not less than $1,000,000, with the state named as an additional insured. If the permittee's policy contains higher limits, the state is entitled to coverage to the extent of the higher limits. (c) An applicant shall provide the proof of the required insurance coverage when a permit application is filed under 17 AAC 35.030.

History

Authority: AS 19.05.010; AS 19.05.125; AS 44.42.030 AS 19.05.020; AS 19.10.060 AS 19.05.040; AS 44.42.020
Eff. 11/1/87, Register 104

17 AAC 35.080 Toll Highways

17 AAC 35.080. Appeals. (a) An aggrieved party may appeal a decision by the department to deny, limit, or revoke an industrial use highway permit. The notice of appeal must be submitted to the commissioner, in writing, by certified mail, return receipt requested, within 30 days after the receipt of the written notice of the department's decision. The notice of appeal must contain (1) the decision being appealed; (2) the alleged violation of statute or regulation upon which the appeal is based; (3) the factual arguments supporting the aggrieved party's allegation; and (4) the specific relief sought. (b) Within five working days after receipt of the notice of appeal under this section, the commissioner will appoint a person to act as the commissioner's designee to review the factual issues with respect to the appeal. (c) Within 10 working days after appointment, the commissioner's designee will provide the aggrieved party with his or her decision regarding whether to grant or deny the relief sought. The decision must be based upon (1) the information provided in the notice of appeal; and (2) records of the department. (d) An aggrieved party may request a formal hearing on the denial, limitation, or revocation of an industrial use highway permit if the commissioner's designee does not grant the relief sought. (e) The request for hearing must be in writing, must be mailed by certified mail, and must be received by the department no later than 15 calendar days after the date the aggrieved party receives the decision under (c) of this section. The request must set out (1) the list of exhibits the aggrieved party intends to introduce at the hearing; (2) names of persons to be called as witnesses at the hearing; and (3) whether the aggrieved party will be represented by counsel. (f) Within 10 days after receipt of the request for hearing made under (d) of this section, the commissioner may elect to act as the hearing officer or will appoint a hearing officer who is not an employee of the department. (g) Within five days after appointment, the hearing officer shall establish a date, time, and place for the hearing. In no event may the date of the hearing be more than 30 days after the request made under (d) of this section is received by the department. (h) The hearing must be recorded and must be conducted according to the following rules of evidence: (1) oral evidence may be taken only on oath or affirmation; (2) each party or party's counsel, but not both, may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on matters relevant to the issues even though those matters were not covered in the direct examination, impeach a witness regardless of which party first called the witness to testify, and rebut the evidence against himself or herself; (3) the hearing need not be conducted according to technical rules relating to evidence and witnesses; however, relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a court rule that makes improper the admission of the evidence over objection in a civil action; hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action; the rules of privilege are effective to the same extent that they are recognized in a civil action; irrelevant and unduly repetitious evidence may be excluded; (4) the burden of proof is on the aggrieved party and the standard of proof is proof by a preponderance of the evidence. (i) The hearing officer shall submit a report and recommended decision to the commissioner in the form required by AS 44.62.510 within 30 working days after the hearing officer's receipt of the hearing transcript. (j) The commissioner will notify the aggrieved party by certified mail of the commissioner's decision on the appeal within 30 working days after his or her receipt of the hearing officer's report. The commissioner's decision is the final department decision and is subject to review in the manner provided by AS 44.62.560. (k) Expenses incurred by the aggrieved party with respect to the hearing are the sole responsibility of the aggrieved party.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.10.060 AS 19.05.020; AS 19.05.125; AS 44.42.030
Eff. 11/1/87, Register 104

17 AAC 35.090 Toll Highways

17 AAC 35.090. Existing contractual relationships. If the department has, by agreement with an individual, partnership, or corporation, allowed the improvement of a route in order to accommodate heavy loads, and the route is later designated an industrial use highway, that agreement remains in full force until terminated under its terms if there are no changes in the operations of long or heavy loads as set out in the agreement. If changes of the operations of long or heavy loads not contemplated by the agreement are sought by the individual, partnership, or corporation, and if the changes fall within the standards of 17 AAC 35.020(a), an industrial use highway permit is necessary and subsequent operations on the route are governed by the provisions of this chapter.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.10.060 AS 19.05.020; AS 19.05.125; AS 44.42.030
Eff. 11/1/87, Register 104

17 AAC 35.200 Toll Highways

17 AAC 35.200. The Klondike Highway. (a) The Klondike Highway from Skagway to the Canadian Border is designated as an industrial use highway. A vehicle that exceeds the weight or length limitations of 17 AAC 25, but whose gross vehicle weight is not more than 170,000 pounds and whose length does not exceed 85 feet will, in the department's discretion, be issued an industrial use highway permit for operations on this route. (b) The single-trip permit fee for the Klondike Highway is $3.95 per equivalent axle load (EAL) as determined under 17 AAC 35.050(b). (c) An industrial use highway permit application for vehicular operations on the Klondike Highway may be obtained at the department's maintenance and operations offices in Skagway or Juneau.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.10.060 AS 19.05.020; AS 19.05.125; AS 44.42.030
Eff. 11/1/87, Register 104; am 7/3/91, Register 119

17 AAC 35.900 Toll Highways

17 AAC 35.900. Definitions. In this chapter, (1) "commissioner" means the commissioner of the Department of Transportation and Public Facilities; (2) "department" means the Department of Transportation and Public Facilities; (3) "gross vehicle weight" means gross weight as defined in 17 AAC 25.110; (4) "multiple movements" means more than one transit over an industrial use highway using the same combination of vehicles, and hauling identical loads in terms of weight and length; (5) "single-trip permit" means a permit issued for a single movement of a vehicle between a starting point and an ending point without a stop between the two to load or unload the vehicle.

History

Authority: AS 19.05.010; AS 19.05.125; AS 44.42.030 AS 19.05.020; AS 19.10.060 AS 19.05.040; AS 44.42.020
Eff. 11/1/87, Register 104

Chapter 38 Anton Anderson Memorial Tunnel

17 AAC 38.005 Designation and applicability

(a) The Anton Anderson Memorial Tunnel, including associated vehicle staging areas, and the section of the road commonly known as the Portage Glacier Highway between milepost 5.1, near Portage Creek, Alaska, and the Whittier Ferry Terminal is designated as a toll facility.

(b) This chapter applies to all use of and passage through the tunnel on the highway when the tunnel is under the management of the department, except for use by motor vehicles operated by the department or by its agents or contractors as authorized by contract with the department. This chapter does not apply when the tunnel is subject to the management of the Alaska Railroad Corporation.

History

Authority: AS 19.05.010; AS 19.05.030; AS 44.42.030 AS 19.05.020; AS 19.05.040
Eff. 6/4/2000, Register 154

17 AAC 38.015 Schedule for vehicle access

(a) The department will establish and modify from time to time a schedule setting out times, based on the vehicle classifications set out in 17 AAC 38.025, for public access by motor vehicle through the tunnel. Schedule information will be published as a public notice available through the department's home page on the internet.

(b) The department will, in its discretion, delay, cancel, or adjust public access by motor vehicle through the tunnel, or vary from a published time schedule, as required to provide for

(1) the needs of the Alaska Railroad Corporation;

(2) traffic demand;

(3) safety;

(4) weather considerations;

(5) tunnel and highway maintenance; and

(6) the state's best interest.

History

Authority: AS 19.05.010; AS 19.05.040; AS 44.42.030 AS 19.05.020; AS 19.10.030 AS 19.05.030; AS 19.10.100
Eff. 6/4/2000, Register 154

17 AAC 38.020 Tolls

(a) The commissioner will establish the vehicle tolls for passage through the tunnel, at an amount projected to yield revenue reasonably calculated to cover expenses, and will review and adjust those tolls, if necessary, for that purpose. Expenses include the costs of operating and maintaining the facility, including the cost of insurance, loan repayments, with interest, and repair and replacement of equipment.

(b) The tolls listed in the department's Anton Anderson Memorial Tunnel: Vehicle Classifications and Tolls Schedule, as revised as of June 1, 2004, are adopted by reference.

(c) No more than once for a calendar year, the commissioner will, in the commissioner's discretion, adjust upwards or downwards, by no more than 10 percent, a toll listed on the toll schedule adopted by reference in (b) of this section or a toll set by previous adjustment under this subsection. If the commissioner adjusts a toll under this subsection, the commissioner will

(1) issue a decision to adjust the toll and publish notice of the adjustment under (f) of this section

(A) at least 60 days before adjusting the toll; and

(B) not later than April 1 of the year in which the adjusted toll is to become effective; and

(2) base a decision to adjust a toll upon

(A) the amount of appropriations for the year for which the toll is to be adjusted;

(B) the impacts of vehicle travel upon the tunnel; and

(d) The commissioner will, in the commissioner's discretion, waive a toll, in whole or in part, for a special user group, if that waiver is determined to be in the state's best interest.

(e) Employees of the department or the department's contractor will collect tolls for passage through the tunnel near the Bear Valley entrance to the tunnel for the passage from Bear Valley to Whittier. The department will not collect tolls for passage through the tunnel from Whittier to Bear Valley.

(f) The department will publish, as a public notice available through the department's home page on the internet,

(1) the toll schedule adopted by reference in (b) of this section;

(2) any adjustments made to a toll under (c) of this section; and

(3) any waiver of a toll made under (d) of this section.

(g) The department will not charge a toll for passengers, motor vehicles, or freight traveling on the Alaska Railroad.

(h) Repealed 7/9/2004.

History

Authority: AS 19.05.010; AS 19.05.030; AS 44.42.030 AS 19.05.020; AS 19.05.040
Eff. 6/4/2000, Register 154; am 6/8/2002, Register 162; am 7/9/2004, Register 171

17 AAC 38.025 Vehicle classification

(a) Subject to (b) of this section, motor vehicles are classified as follows for purposes of this chapter:

(1) class A consists of

(A) passenger vehicles that are not pulling trailers;

(B) motorcycles, and motorcycles pulling trailers;

(D) trucks with a gross vehicle weight of less than 12,000 pounds, and that are not pulling trailers;

(2) class B-1 consists of the following vehicles, if trailers and any load are no more than 8.5 feet wide, excluding bumpers and rub rails, and no more than 14 feet high, and if the combined length of a vehicle, trailer, and any load is no more than 75 feet:

(A) passenger vehicles that are pulling trailers, except as specified in (3), (5), or (6) of this subsection;

(B) recreational vehicles less than 28 feet long that are pulling trailers, except as specified in (3), (5), or (6) of this subsection;

(D) trucks with a gross vehicle weight of less than 12,000 pounds that are pulling trailers;

(3) class B-2 consists of

(A) passenger vehicles and recreational vehicles pulling trailers carrying boats, if the trailer and its load are more than 8.5 feet wide, but no more than 10 feet wide, including bumpers and rub rails, and no more than 14 feet high, and if the combined length of the vehicle, trailer, and its load is no more than 75 feet;

(B) recreational vehicles 28 feet long and greater that are pulling trailers;

(D) trucks with a gross vehicle weight of 12,000 pounds or more, with no more than three axles in the down position, and that are not pulling trailers;

(E) trucks with a gross vehicle weight of 12,000 pounds or more, with no more than two axles in the down position, and that are pulling trailers, excluding truck-tractors pulling trailers, and except as specified in (5) or (6) of this subsection;

(4) class C consists of buses designed to carry 30 or more people including the driver;

(5) class D consists of

(A) trucks with a gross vehicle weight of 12,000 pounds or more, with four or more axles in the down position, and that are not pulling trailers;

(B) trucks with a gross vehicle weight of 12,000 pounds or more, with three or more axles in the down position, and that are pulling trailers, except as specified in (6) of this subsection;

(D) motor vehicles, including any trailer and any load, if they are more than 8.5 feet wide, excluding mirrors, but no more than 10 feet wide, and no more than 14 feet high, and if the combined length of the vehicle, trailer, and any load is no more than 75 feet long, except as specified in (3) of this subsection; and

(E) any motor vehicle that is not otherwise classified in this section and that is not prohibited by 17 AAC 38.035;

(6) class E consists of motor vehicles, including any trailer and any load, if they are more than

(A) 10 feet wide, excluding mirrors, but no more than 11 feet wide; or

(B) 14 feet high, but no more than 15 feet high;

(7) class F consists of motor vehicles exempt from tolls, including Alaska Railroad Corporation motor vehicles, department-operated motor vehicles, emergency vehicles, law enforcement vehicles, and other motor vehicles as determined to be appropriate by the commissioner for the best interest of the state;

(8) class G consists of government motor vehicles, other than government motor vehicles that fall within class F, and other motor vehicles as determined to be appropriate by the commissioner for the best interest of the state.

(b) Except for motor vehicles in class F and G, a vehicle, including any trailer and any load, with a width or height described in (a)(5) or (a)(6) of this section is classified within class D or class E according to its size, and is excluded from any other otherwise applicable class.

History

Authority: AS 19.05.010; AS 19.05.250; AS 44.42.030 AS 19.05.030; AS 19.10.030 AS 19.05.040; AS 19.10.060
Eff. 6/4/2000, Register 154; am 6/8/2002, Register 162; am 7/9/2004, Register 171

17 AAC 38.035 Prohibitions

(a) A motor vehicle may not use or enter the tunnel if

(1) the motor vehicle poses an unreasonable hazard to the tunnel or to the tunnel's users due to a condition of the motor vehicle, or of the motor vehicle's driver, occupants, or contents;

(2) the size, weight, or any other characteristic of the motor vehicle, including any trailer, or of any load on the motor vehicle or trailer, could reduce the safety of passage through the tunnel;

(3) the load on the motor vehicle, including any trailer,

(A) is improperly secured;

(B) poses a danger to the traveling public; or

(4) the motor vehicle's driver fails

(A) to pay the applicable toll as established under 17 AAC 38.020; or

(B) upon request, to provide information relevant to

(i) the determination of the motor vehicle's classification under 17 AAC 38.025;

(ii) permits to operate oversized motor vehicles or trailers on public roads; copies of permits must be provided to the tunnel operator; or

(iii) a basis for denial of access under this chapter.

(b) A person may not

(1) set off a false alarm or tamper with safety devices associated with the tunnel;

(2) when the tunnel is under the management of the department, use or enter the tunnel except as provided in this chapter; or

(3) use or enter the tunnel operating a bicycle or other non-motorized vehicle.

(1) a cleated or tracked vehicle unless transported on a rubber-tired vehicle;

(2) a vehicle, including any load or trailer, more than 15 feet high, 11 feet wide, or 75 feet long, or in excess of any applicable vehicle weight limit under 17 AAC 25.013;

(3) a pedestrian;

(4) a vehicle carrying a hazardous material

(A) that requires a placard under 49 C.F.R. 107 through 180, revised as of October 1, 2003; or

(B) as defined in 49 C.F.R. 107 through 180, revised as of October 1, 2003, in any quantity greater than 400 pounds, except that greater than 400 pounds of fuel in a motor vehicle's or boat's internal fuel tank is exempt from the prohibition in this subparagraph;

(5) a vehicle transporting gasoline in a portable container not marked as approved for that purpose by Underwriters Laboratories (UL) or in one or more UL-approved portable containers having a total combined capacity greater than 12 gallons;

(6) a vehicle transporting propane in

(A) a container not designed for the transport of propane; or

(B) one or more containers designed for the transport of propane and having a total combined capacity greater than 100 pounds of propane; and

(7) a vehicle transporting acetylene in a container not designed for the transport of acetylene, or transporting one or more than one container designed for the transport of acetylene and having a total combined capacity of more than 400 cubic feet of acetylene;

(8) a vehicle that may not legally operate on the state highway system.

History

Authority: AS 19.05.010; AS 19.05.030; AS 44.42.030 AS 19.05.020; AS 19.05.040
Eff. 6/4/2000, Register 154; am 7/9/2004, Register 171

17 AAC 38.055 Traffic control devices

The department will, in its discretion, or the department's contractor or agent may, based on safety considerations, restrict passage through the tunnel via posted signs and traffic control devices that limit the number of classes of vehicles, the manner of operation of a vehicle, or the transportation of materials through the tunnel. The driver of a motor vehicle using the tunnel must obey applicable posted signs and traffic control devices.

History

Authority: AS 19.05.010; AS 19.10.040; AS 44.42.030 AS 19.05.020; AS 19.10.050 AS 19.05.030; AS 19.10.100
Eff. 6/4/2000, Register 154

17 AAC 38.900 Definitions

In this chapter, unless the context requires otherwise,

(1) "bus" means a motor vehicle designed primarily for and having the capacity to transport 10 or more people including the driver;

(2) "commissioner" means the commissioner of transportation and public facilities;

(3) "department" means the Department of Transportation and Public Facilities;

(4) "gross vehicle weight" means the total weight of a vehicle, or a combination of vehicles, including load and any accumulated snow, ice, mud, rocks, or dirt;

(5) "motor vehicle" means a self-propelled fuel-powered vehicle designed for operation on a highway;

(6) "passenger vehicle" means a motor vehicle designed and used primarily to transport less than 10 people including the driver;

(7) "recreational vehicle" means a vehicle equipped with cooking facilities;

(8) "toll" means a charge or other user fee required to be paid by the public in exchange for the privilege of traveling on, over, or through a highway, road, bridge, tunnel, crossing, or causeway;

(9) "traffic control device" means a light, barrier, arrow, flag, gate, pavement marking, sign, or other indicator used by the department or the department's contractor to designate a traffic pattern or road use restriction;

(10) "trailer" means a vehicle, with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle; "trailer" includes semi-trailers, pole trailers, and towed vehicles;

(11) "truck" means a motor vehicle, including a cargo van or a pickup truck regardless of the number of its passenger seats, designed primarily for the movement of a load; "truck" includes a motor vehicle specifically designed to pull a trailer or semi-trailer;

(12) "tunnel" means the Anton Anderson Memorial Tunnel;

(13) "vehicle"

(A) means a device

(i) in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway; and

(ii) registered as required under AS 28.10; and

(B) does not include devices used exclusively upon stationary rails or tracks;

(14) "government motor vehicle" means a vehicle owned or operated by a government agency and on official business; "government motor vehicle" includes a

(A) vehicle owned and operated by a school district and on official business; and

(B) school bus under contract with a school district and on official business;

(15) "truck-tractor" means a self-propelled commercial motor vehicle designed primarily for drawing a trailer that partially rests upon the self-propelled commercial motor vehicle.

History

Authority: AS 19.05.010; AS 19.59.001; AS 44.42.030
Eff. 6/4/2000, Register 154; am 6/8/2002, Register 162; am 7/9/2004, Register 171

Chapter 40 (Repealed)

Eff. 1/13/73, Register 44; am 4/27/79, Register 70; repealed 3/28/2002, Register 161

17 AAC 40.030 Vehicle rules

Repealed.

17 AAC 40.040 Rules of conduct

Repealed.

17 AAC 40.045 Off-airport rental car business

Repealed.

History

Eff. 1/12/94, Register 129; repealed 1/14/2001, Register 157

17 AAC 40.050 Accidents

Repealed.

History

Eff. 1/13/73, Register 44; am 4/27/79, Register 70; repealed 3/28/2002, Register 161

17 AAC 40.060 Enforcement

Repealed.

History

Eff. 1/13/73, Register 44; am 4/27/79, Register 70; repealed 3/28/2002, Register 161

17 AAC 40.070 General rules

Repealed.

History

Eff. 1/13/73, Register 44; am 4/27/79, Register 70; repealed 3/28/2002, Register 161

Article 2 (Repealed)

17 AAC 40.210 Abandonment

Repealed.

History

Eff. 1/13/73, Register 44; repealed 3/28/2002, Register 161

17 AAC 40.220 Construction

Repealed.

History

Eff. 1/13/73, Register 44; repealed 3/28/2002, Register 161

Article 3 (Repealed)

History

Eff. 1/13/73, Register 44; repealed 3/28/2002, Register 161

17 AAC 40.380 Utility permit provisions

Repealed 10/17/87.

17 AAC 40.382 Termination of leases

Repealed.

History

Eff. 4/27/79, Register 70; repealed 3/28/2002, Register 161

17 AAC 40.385 Tie-down permits

Repealed.

History

Eff. 4/27/79, Register 70; am 11/10/85, Register 96; repealed 1/14/2001, Register 157

17 AAC 40.390 Definitions

Repealed.

Article 4 (Repealed)

17 AAC 40.400 Anchorage airport regulations

Repealed 4/27/79.

17 AAC 40.405 Authority

Repealed.

History

Eff. 8/23/74, Register 51; am 1/17/75, Register 53; am 4/27/79, Register 70; repealed 1/14/2001, Register 157

17 AAC 40.410 Aircraft rules

Repealed.

History

Eff. 4/27/79, Register 70; repealed 1/14/2001, Register 157

17 AAC 40.420 Vehicle rules

Repealed.

History

Eff. 4/27/79, Register 70; repealed 1/14/2001, Register 157

17 AAC 40.430 Rules of conduct

Repealed.

History

Eff. 4/27/79, Register 70; repealed 1/14/2001, Register 157

17 AAC 40.440 Security

Repealed.

History

Eff. 4/27/79, Register 70; repealed 1/14/2001, Register 157

17 AAC 40.450 Taxicabs

Repealed.

History

Eff. 4/27/79, Register 70; repealed 1/14/2001, Register 157

17 AAC 40.460 Courtesy cars

Repealed.

History

Eff. 4/27/79, Register 70; repealed 1/14/2001, Register 157

Eff. 4/27/79, Register 70; am 3/16/96, Register 137; repealed 1/14/2001, Register 157

Eff. 7/1/93, Register 126; repealed 3/28/2002, Register 161

Article 7 (Repealed)

17 AAC 40.990 Definitions

Repealed.

History

Eff. 3/16/96, Register 137; repealed 3/28/2002, Register 161

Chapter 42 Ted Stevens Anchorage International Airport and Fairbanks International Airport

Article 1 International Airports Generally

17 AAC 42.005 Applicability of chapter; general location information

This chapter applies to the Ted Stevens Anchorage International Airport and the Fairbanks International Airport. Normal office hours at both airports and the commissioner's office are 8:00 a.m. to 5:00 p.m. Monday through Friday. The addresses of the airports and the commissioner's office are

(1) Ted Stevens Anchorage International Airport

4600 Postmark Drive, Room NB105

P.O. Box 196960

Anchorage, AK 99519-6960;

(2) Fairbanks International Airport

6450 Airport Way, Suite 1

Fairbanks, AK 99709;

(3) Commissioner of Transportation and Public Facilities

Department of Transportation and Public Facilities

3132 Channel Drive

Juneau, AK 99801-7898.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.200
Eff. 1/14/2001, Register 157

17 AAC 42.010 Airport manager; enforcement of chapter

(a) Except as otherwise provided by this chapter or other applicable law, the airport manager is authorized to operate the airport in accordance with this chapter and other applicable law.

(b) When an action or decision of the airport manager under this chapter requires or otherwise calls for the manager to exercise discretion, the manager shall evaluate such action or decision considering the best interest of the state.

(c) Except as otherwise provided by this chapter and subject to (b) of this section, the airport manager is authorized to enforce

(1) the provisions of this chapter;

(2) applicable laws and programs relating to aviation or air transportation that are consistent with AS 02.15.010 - AS 02.15.260 and this chapter; and

(3) the provisions of AS 28 and 13 AAC as they apply to vehicles or to persons operating vehicles on the airport.

(d) The Airport Sponsors Grant Assurances of the FAA, dated March 2014 and incorporating amendments published in 79 Fed. Reg. 18755 - 18757 (April 3, 2014), is adopted by reference in this chapter.

(e) The airport manager shall make a decision under this chapter in good faith and on a reasonable basis. If the manager does not make a decision within 60 days of receipt of an application or request, the manager shall mail or deliver to the applicant or requester written notice of the status of the application or request.

(f) If the airport manager denies an application or request under this chapter, the manager shall provide the applicant or requester with the specific grounds for the denial in writing.

(g) Subject to (h) of this section, the manager shall deny an application or request under this chapter if the manager determines that the applicant or requester is

(1) in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or this chapter;

(2) in violation of a material term of a contract with the department;

(3) in arrears on a rental payment or other material financial obligation due the department; or

(4) in default of a material obligation under any lease, permit, or concession the department has issued to the applicant or requester for any property or activity at any airport the department owns, operates, or otherwise controls.

(h) If an applicant or requester has filed a protest or appeal in connection with a matter described in (g) of this section that is pending under 17 AAC 40.382 in effect before March 28, 2002, 17 AAC 42.910, 17 AAC 42.920, 17 AAC 45.910, or 17 AAC 45.920 and the airport manager determines that the matter under protest or appeal has a direct bearing on the application or request under consideration, the airport manager may defer action on the application or request until that protest or appeal is decided.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200; AS 02.15.230
Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161; am 1/17/2016, Register 217

17 AAC 42.015 Approval of airport manager

(a) When a provision of this chapter requires approval or authorization of the airport manager, but the provision does not set out a specific procedure for requesting that approval or authorization, the person seeking the manager's approval or authorization shall

(1) contact the manager and describe the action or matter for which approval or authorization is sought;

(2) provide such additional information as the manager considers necessary to evaluate and act on the request;

(3) pay any fee established under 17 AAC 42.125 for the type of matter or action; and

(4) if the manager requests, provide the information required under (1) and (2) of this subsection in writing.

(b) The airport manager shall decide a person's request for approval or authorization of a matter or action under this section as soon as reasonably practicable under the circumstances. The manager shall issue the decision in writing if the applicable provision of this chapter calls for the manager's approval or authorization in writing.

(c) A person whose request is denied under (b) of this section may protest the airport manager's decision in accordance with 17 AAC 42.910.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200; AS 02.15.230
Eff. 1/14/2001, Register 157

17 AAC 42.020 General rules of conduct; violations

(a) A person using an airport shall comply with

(1) this chapter and other applicable law;

(2) operational orders that the airport manager issues under state or federal law; and

(3) instructions, requirements, and restrictions that the airport manager has posted or indicated by sign, signal, or other control device, unless otherwise directed by an airport police officer or other authorized person directing aircraft, vehicle, or pedestrian traffic.

(b) A person using an airport shall remain upon a public road, public walk, or other public area provided for the particular class of traffic or mode of travel that person is using and may not hinder or obstruct another person, a vehicle, or an aircraft from use of airport property.

(c) The manager may, subject to the terms of a pre-existing lease, permit, or concession, restrict or prohibit airline operations, concessions, or other uses in designated areas of airport land, buildings or facilities, including a department-operated terminal building. Except as otherwise authorized in a lease, permit, concession, or other written authorization from the airport manager under this chapter, a person shall abide by the manager's designation of or restriction on the use of airport land, buildings, or facilities.

(d) A person may not place, spill, or dump garbage, trash, sewage, refuse, or other waste material on an airport except in a waste receptacle the airport manager has approved for that purpose or in a waste receptacle designed and provided for that purpose by a lessee, permittee, or concessionaire on its premises.

(e) A person may not dump snow on an airport except in a location the airport manager has designated for that purpose or as authorized under a lease or permit.

(f) A person may not operate an incinerator or burn trash, brush, or other material on an airport without the written approval of the airport manager.

(g) A person may not conduct an aircraft show on an airport without the written approval of the airport manager.

(h) Except in an emergency or after receipt of approval from the airport manager to do so, a person may not moor, load, unload, launch, operate, or test a boat or boat motor in a body of water that is part of an airport float plane facility.

(i) Unless the airport manager approves in writing, a person may not display, distribute, post, or place a commercial sign, advertisement, circular, or other material on an airport

(1) in a public area of a department-operated terminal building;

(2) on land or a premises except as expressly authorized under a lease, permit, or concession;

(3) on an aircraft or vehicle, unless the sign, advertisement, circular, or other material is placed on the aircraft or vehicle by the owner or lessee of the aircraft or vehicle; or

(4) in violation of or in conflict with an exclusive advertising concession or other right granted by the airport manager.

(j) If a person acts in violation of this chapter or fails to act as required by this chapter, the airport manager may take one or more of the following actions:

(1) order the person to, either immediately or within a specified time,

(A) stop the violation;

(B) begin the required act; or

(2) provide written notice to the person that describes how the person may correct the violation or omission and the time within which the violation or omission must be corrected; or

(3) correct the violation or omission.

(k) If the manager acts under (j)(3) of this section to correct a violation or omission by a person, the department may seek reimbursement from the person of all costs, plus interest at the rate provided in AS 45.45.010, that the department incurs in acting to correct the violation or omission, including site assessment costs, clean up costs, collection costs, legal and administrative costs, applicable fines, and costs resulting from interference with or delay of airport projects or operations.

(l) If the FAA fines the department for a violation of a federal statute or regulation or for an occurrence or omission on an airport, the department may seek reimbursement from the person who caused the violation.

(m) The department may seek to require a person responsible for the placement, dumping, or spilling of anything on the airport in violation of this chapter to clean up and properly dispose of the material consistent with the requirements of applicable law. The department may seek reimbursement for any costs the department incurs in cleaning up and disposing of the material, including legal and administrative costs, from the person responsible.

(n) A person may not without approval of the airport manager place, maintain, or display on an airport a sign, signal, marking, light, or other device that purports to be or resembles a control device or that attempts to direct the movement of aircraft, pedestrian, or vehicle traffic, conceals or interferes with the effectiveness of a control device, or dazzles, blinds, or otherwise interferes with the vision of a pilot, pedestrian, or driver.

History

Authority: AS 02.15.020; AS 02.15.220; AS 02.15.240 AS 02.15.060; AS 02.15.230
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.030 Aircraft rules

(a) A person may not, on or from an airport, navigate, land, fly, service, maintain, or repair an aircraft or conduct any aircraft operation, except in conformity with applicable FAA regulations, this chapter, and other applicable law.

(b) Except in an emergency, when safety dictates, or upon prior approval of the airport manager, aircraft operation on or from an airport is confined to designated runways, water lanes, helipads, taxiways, taxi lanes, aprons, and aircraft parking areas. The airport manager shall by order regulate, control, and direct the availability of a runway, water lane, helipad, taxiway, taxi lane, apron, and aircraft parking area on an airport. The airport manager shall limit the use, time, type, weight, dimensions, and number of aircraft allowed to use an aircraft parking area when the manager determines that the limitation is justified by the design, safety, maintenance, or operation of the parking area or the airport. The airport manager may segregate aircraft operations on an airport according to aircraft use, size, type, or weight. The manager shall give notice of the manager's orders, limitations, and aircraft operation segregation decisions under this subsection by

(1) posting in the affected areas of the airport; or

(2) issuing a Notice to Airmen under FAA Order 7930.2G as described in FAA Advisory Circular No. 150/5200-28B.

(c) A person who operates an aircraft at an airport shall conduct aircraft operations in conformity with applicable state and federal law, including applicable provisions relating to aircraft noise, and, to the extent possible consistent with safety considerations, in conformity with operational orders the airport manager issues under state or federal law, including orders regarding noise compatibility or preferential runway use.

(d) A person who brings onto or keeps an aircraft on an airport does so at the person's own risk with respect to security, maintenance, and operation of the aircraft. The department is responsible for the security, maintenance, or operation of an aircraft on an airport only if the department owns or leases the aircraft.

(e) The operator of an aircraft shall operate the aircraft so as to minimize engine, propeller, or rotor wash on an aircraft, person, or property.

(f) A person may not taxi an aircraft onto an airport from property, including water, outside the airport boundary, except as specifically provided for under an airport boundary crossing permit issued under 17 AAC 42.285.

(g) A person may park an aircraft on an airport only in an area the airport manager has designated for aircraft parking or in an area authorized for that purpose under a lease, permit, or concession.

(h) The operator of an aircraft that lands at an airport shall either make prior arrangements with the airport manager for payment of any applicable fee established under 17 AAC 42.125 or report to the office of the airport manager within one hour after landing or as soon as possible thereafter, complete a certified activity report, and pay the fee or make arrangements acceptable to the airport manager for payment.

(i) Unless the airport manager approves otherwise, a person who operates an aircraft shall

(1) for wheel-equipped aircraft, engage properly working brakes or block the wheels before starting the engine;

(2) attend each operating aircraft engine at all times; and

(3) repair the aircraft only in an area the airport manager has designated for aircraft repair or on the premises of a lease, permit, or concession that authorizes the premises to be used for aircraft repair.

(j) The airport manager shall designate areas, times, and operating requirements for aircraft engine runups.

(k) For purposes of this section, "aircraft parking area" means an area the airport manager has designated for aircraft parking under this section or under a lease, permit, or concession and includes transient aircraft parking areas subject to 17 AAC 42.035 and tiedown areas subject to 17 AAC 42.500 - 17 AAC 42.599 or 17 AAC 42.600 - 17 AAC 42.699.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157

17 AAC 42.035 Transient aircraft parking

(a) A pilot may park a transient aircraft only in an area the airport manager has designated for transient aircraft parking.

(b) A pilot who parks an aircraft in a transient aircraft parking area shall comply with all requirements posted by the airport manager in that area under 17 AAC 42.030(b) and as set out in airport operational orders.

(1) may limit or prohibit transient aircraft parking on an airport for an aircraft that is not airworthy;

(2) may approve use of a transient aircraft parking space for aircraft maintenance or repair and for vehicles and equipment for fueling; and

(3) may impound an aircraft not authorized to park in a transient aircraft parking area as provided in 17 AAC 42.115.

(d) Except as otherwise provided under 17 AAC 42.030 or this section, a transient aircraft parking space may be used only to park, fuel, load, and unload aircraft.

(e) A transient aircraft parking space may not be used as a base of operations for a commercial aviation use.

(f) Transient aircraft parking fees are provided in the fee schedule for an airport established under 17 AAC 42.125.

(g) This section does not apply to aircraft parking on a premises or in a tiedown space permitted under 17 AAC 42.500 - 17 AAC 42.599 or 17 AAC 42.600 - 17 AAC 42.699.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.040 Agreements for air carrier operations at airports

(a) The commissioner may authorize the department to negotiate with one or more air carriers regarding and to enter into agreements for air carrier operations at airports under AS 02.15.090. The terms of an agreement negotiated under this subsection may, but need not, incorporate fees established under 17 AAC 42.125 or the terms set out in 17 AAC 42.295, 17 AAC 42.410, and 17 AAC 42.420.

(b) The commissioner may establish one or more forms of agreement, including applicable terms and conditions, for air carrier operations at airports for air carriers that do not enter into an agreement negotiated under (a) of this section. The terms and conditions of a form of agreement established under this subsection will take into account any differences in air carrier obligations and commitments from those required under any other form of agreement established under this subsection or under (a) of this section.

(c) An application to enter an agreement established under (a) or (b) of this section must be submitted to the airport manager in writing and must include

(1) the applicable application fee established under 17 AAC 42.125, if any;

(2) identification of the type of agreement for which the applicant is applying;

(3) a description of the applicant's proposed activity or business;

(4) identification of or a description of the type and amount of any terminal space requested;

(5) the term requested;

(6) a list of each model of aircraft the applicant intends to operate on the airport, including the configuration, number of seats, and CMGTW of each model; and

(7) evidence of insurance required under the requested form of agreement.

(d) An application under (c) of this section that does not include a request to lease land or terminal space shall be considered under this section only. A request to lease terminal space under an agreement established under (a) or (b) of this section shall be considered under 17 AAC 42.215. For a lease of land, the applicant must file a separate application for a land lease under 17 AAC 42.210.

(e) The airport manager shall approve an application under this section unless the manager determines that

(1) the application must be denied under 17 AAC 42.010(g);

(2) the applicant cannot establish evidence of insurance coverage in the types and amounts required under the requested form of agreement;

(3) the proposed use will interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(4) the proposed use is not allowed under or would result in a violation of

(A) applicable law;

(B) an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d);

(D) an exclusive right the department has granted to another person; or

(E) a covenant running with the airport land; or

(5) the proposed use is inconsistent with sound airport planning.

(f) A decision by the airport manager to deny an application under this section must be in writing and state the reasons for the denial.

(g) An air carrier may not assign or transfer an agreement entered into under this section without the prior written consent of the airport manager under 17 AAC 42.275.

(h) An air carrier that is party to an agreement entered into under this section shall pay to the department the applicable fees established under 17 AAC 42.125, except as expressly provided otherwise in the agreement.

(i) If an air carrier that is party to an agreement entered into under this section is not in compliance with that agreement, the airport manager shall enforce or cancel the agreement according to its terms.

(j) The airport manager shall issue any cancellation of an agreement entered into under this section in writing, stating the reasons for the cancellation.

(k) An applicant for or a party to an agreement established under (a) or (b) of this section may protest an airport manager's decision to deny an application or cancel an agreement in accordance with 17 AAC 42.910.

History

Authority: AS 02.15.020; AS 02.15.090; AS 37.15.470 AS 02.15.060; AS 02.15.200; AS 37.15.540
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.045 Environmental requirements

(a) A person using an airport shall comply with all applicable environmental laws.

(b) A lessee, permittee, or concessionaire who is required under any environmental law to submit a report or other document about a violation or potential violation of an environmental law to a regulatory agency shall provide a copy of the document to the airport manager. Any person who receives a permit from an environmental regulatory agency in connection with the person's use of an airport shall, within ten days of receipt of the permit, provide a copy of the permit to the airport manager.

(c) A lessee, permittee, or concessionaire shall provide to the airport manager a copy of any notice of violation or other notice, claim, or citation alleging a violation of an environmental law affecting airport property that a regulatory agency issues to or files against that lessee, permittee, or concessionaire and of any complaint filed in a court that alleges violation by the lessee, permittee, or concessionaire of an environmental law affecting airport property.

(d) A person responsible for the contamination of airport property shall remediate and return contaminated airport property to an environmentally acceptable condition to the satisfaction of any regulatory agency having jurisdiction. All plans for cleanup and disposal activities shall be submitted in advance to the airport manager for review and approval and are subject to restrictions imposed by the airport manager.

(e) If the airport manager has cause to believe a premises or other property on the airport may have been contaminated, the manager may perform an environmental assessment on the premises or property to establish the presence and source of any contamination and describe the environmental condition of the premises or property. The manager shall minimize interference with a lessee's operations while performing the study. The department will assume the cost of the assessment of a premises or property if contamination is not found on the premises or property. If contamination is found on the premises or property, the department may seek reimbursement for the costs of assessment and cleanup of the contamination from each person who caused or materially contributed to the contamination or who assumed responsibility for the contamination under an assignment.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157; am 5/25/2017, Register 222

17 AAC 42.050 Hazardous substance release

(a) A person who releases a hazardous substance on an airport shall immediately contain and clean up the release, using methods that ensure contamination does not enter or spread on or in airport land or water or in an airport storm water drainage system. A person responsible for a release shall immediately report the release to the airport manager. Submission of a report to the manager under this subsection does not satisfy any other applicable requirement for reporting a release of a hazardous substance to any regulatory agency that has jurisdiction.

(b) If a person responsible for a release does not take immediate action to report, contain, and clean up the release, the airport manager shall report, contain, or clean up the release as the manager determines appropriate under the circumstances. The department may seek reimbursement for the department's costs of assessment, reporting, containment, and cleanup, as applicable, from the person responsible for the release.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157

17 AAC 42.055 Fueling operations and fuel storage

(a) A person shall conduct fueling operations and fuel storage on an airport consistent with fire codes and other applicable law.

(b) A land lessee or a tiedown permittee conducting self-fueling operations on the lease or permit premises and an operator of a commercial fueling service on an airport shall maintain spill prevention and response capability readily accessible to the site where the fuel is dispensed or stored.

(c) Before providing a commercial fueling service on an airport, a person must obtain a lease, permit, or concession that authorizes commercial fueling services. In addition to the rent or other fee charged in a lease, permit, or concession, the department will charge a fuel flowage fee under 17 AAC 42.125 to a person who operates a commercial fueling service on an airport. The department will charge the fuel flowage fee only once on a gallon of fuel dispensed at an airport. Unless a lease, permit, or concession provides otherwise, fuel manifested as cargo and carried aboard an aircraft in a container not connected to the aircraft's engine is exempt from the fuel flowage fee.

(d) A person may not fuel an aircraft while a main engine on the aircraft is running unless

(1) running the engine is necessary due to extreme cold;

(2) a main aircraft engine must remain running to restart another engine on the aircraft; or

(3) running the engine is allowed for hot fueling under N.F.P.A. 407, "Standard for Aircraft Fuel Servicing," 1996 Edition, which is adopted by reference.

(e) A person may not smoke, light a match, or have any flame within 50 feet of an aircraft being fueled.

(f) An air carrier that engages in self-fueling and a commercial fueling service operator shall ensure that all personnel who engage in fuel dispensing or fuel storage operations on an airport are trained in safe fuel handling practices, fire safety, and spill response.

(g) The owner of a fuel storage container or mobile fuel container located on an airport shall immediately

(1) report any leakage of fuel from the container to each regulatory agency with jurisdiction over the leak and to the airport manager; and

(2) repair any fuel leak.

(h) A person may not keep or use a mobile fuel tank on an airport unless the person uses the tank in a safe, nonleaking manner and the tank is readily movable at all times. If the airport manager determines that a person is keeping or using a mobile fuel tank that does not comply with the applicable requirements of this section, the manager shall require the person to cure the noncompliance or remove the tank from the airport.

(i) Except as otherwise provided in this chapter or as the airport manager otherwise authorizes, a person must store fuel on an airport in a permanent fuel storage tank. A permanent fuel storage tank may be installed only on a premises.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157

17 AAC 42.060 Access to restricted areas

(a) If the airport manager determines that it is necessary to ensure the security of persons or property on the airport or to comply with federal or state law, the manager may post areas on the airport as restricted. A person is prohibited from entering or remaining in an area on an airport that is posted as restricted unless

(1) the person is wearing a current airport identification badge issued by the manager to the person and is in compliance with the terms and conditions applicable to use of the badge established by the manager under (b) of this section;

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

(3) the entry is first authorized by the airport manager.

(b) The airport manager may establish qualifications for receipt of an airport identification badge and may issue an identification badge to a qualified person to show that the person has permission to enter an area posted as restricted under (a) of this section. The manager shall establish terms and conditions applicable to the use of identification badges issued under this subsection. A person who accepts an airport identification badge agrees to comply with those terms and conditions. The manager shall provide to each person issued an identification badge a copy of the terms and conditions for review at the time of issuance and shall require each person who accepts a badge to acknowledge by signature that the person has had an opportunity to review those terms and conditions.

(c) A person who accepts an airport identification badge shall pay the fee for an identification badge established under 17 AAC 42.125.

(d) The airport manager shall enter onto a premises to erect and maintain a barrier if the manager 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 manager shall give prior 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 manager shall erect the barrier in a location where the barrier will not disrupt the operations of the lessee, permittee, or concessionaire.

(e) 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.

(f) A person may not photograph or film a passenger screening area or copy or duplicate an airport identification badge without the written approval of the airport manager.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.065 Firearms and prohibited weapons

(a) A person may not carry a firearm or prohibited weapon in a department-operated terminal building or restricted area except in compliance with any other applicable law and

(1) as authorized by this section;

(2) as necessary to fulfill a legal requirement; or

(3) as specifically permitted by law.

(b) Before boarding an air carrier aircraft, a passenger transporting a firearm shall check the firearm, unloaded and encased in a closed container designed for transporting firearms, as or within luggage and notify the air carrier that the luggage contains a firearm.

(1) "firearm" has the meaning given in AS 11.81.900; and

(2) "prohibited weapon" has the meaning given in AS 11.61.200.

History

Authority: AS 02.15.020; AS 02.15.230; AS 18.65.755 AS 02.15.060; AS 02.15.240 AS 02.15.220; AS 18.65.750
Eff. 1/14/2001, Register 157

17 AAC 42.070 Explosives on airports

(a) A person may not bring, possess, or store an explosive on an airport except by approval of the airport manager. A person shall request the airport manager's approval to bring an explosive onto the airport at least 24 hours before the time the person intends to do so.

(b) A person who brings or possesses an explosive on an airport shall comply with the hazardous materials provisions of 49 C.F.R. Part 175.

(1) condition, direct, or supervise an operation involving an explosive on the airport; and

(2) require that an aircraft with an explosive aboard

(A) be fueled, serviced, and parked in a remote or other designated area of the airport; and

(B) depart the airport as soon as air traffic and safety considerations allow.

(d) In this section, "explosive" has the meaning given in AS 11.81.900; "explosive" also includes fireworks as defined in AS 18.72.100.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.075 Animals on airports

(a) Unless the airport manager has first given approval,

(1) a person may not allow an animal in the person's custody or care or cause any other animal to enter uncontrolled upon or remain uncontrolled on airport property; and

(2) a person may bring only the following animals into a department-operated terminal building or restricted area of an airport:

(A) an animal that

(i) is trained or being trained to aid a person with a disability; and

(ii) accompanies a person with a disability or a trainer;

(B) an animal arriving or departing by air transportation and confined in a manner designed for that purpose;

(b) The airport manager shall, if the manager determines that doing so is necessary to ensure the safe operation of the airport, either remove or kill an animal on the airport.

(c) The department may seek reimbursement from the owner of an animal that causes damage to airport property, injury to a person on the airport, or interference with airport operations or from a person responsible for the presence or injurious conduct of an animal on the airport for all damages from and costs of such conduct, including the department's costs of destroying or removing the animal from the airport.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157

17 AAC 42.080 General vehicle rules

(a) A person may operate a vehicle on an airport only in accordance with 17 AAC 42.020 and other applicable law.

(b) A person may not access an airport by vehicle from property outside the airport boundary other than on a public road, except as specifically provided under an airport boundary crossing permit issued under 17 AAC 42.285.

(c) The operator of a vehicle on an airport may not interfere with or cause a hazard to the movement of aircraft operated in an area designated by the airport manager for aircraft operation. An aircraft operated in an area designated for aircraft operation has the right of way over a vehicle on the airport.

(d) A person may not operate a vehicle on an airport in excess of 25 miles per hour unless the airport manager has posted a higher or lower speed limit. Where the airport manager has posted a higher or lower speed limit for a particular roadway or area, a person may not operate a vehicle in excess of that limit. This subsection does not apply to a person operating an emergency vehicle responding to an emergency.

(e) A person may not park a vehicle inside a department-operated terminal building, except while loading or unloading baggage or freight at a location designated for that purpose, unless the airport manager has otherwise approved in writing.

(f) A person who brings onto or keeps a vehicle on an airport does so at the person's own risk with respect to security, maintenance, and operation of the vehicle. The department is responsible for the security, maintenance, or operation of a vehicle on an airport only if the department owns or leases the vehicle.

(g) A person operating a vehicle on an airport must be in possession of any operator's license, current and issued to the person, required by law for the type of vehicle being operated.

History

Authority: AS 02.15.020; AS 02.15.220 AS 02.15.060; AS 02.15.230
Eff. 1/14/2001, Register 157

17 AAC 42.085 Vehicles in restricted areas

(a) A person may not operate a vehicle in a restricted area of an airport unless the airport manager has first authorized the person both to enter the restricted area under 17 AAC 42.060 and to operate a vehicle in the restricted area. The manager shall establish terms and conditions for operating vehicles in restricted areas on the airport.

(b) To show that the manager has authorized a person to operate a vehicle in a restricted area, the person's identification badge issued under 17 AAC 42.060(b) must bear an appropriate endorsement by the airport manager. A person who accepts the manager's authorization to operate a vehicle in a restricted area of the airport agrees to comply with all terms and conditions established by the manager for operating vehicles in restricted areas under (a) of this section. The manager shall require each person who accepts the manager's authorization to acknowledge by signature receipt of a copy of those terms and conditions.

(c) To ensure safety and compliance with applicable FAA regulations, the airport manager may establish equipment requirements for vehicles operated in restricted areas on an airport. A person may operate a vehicle in a restricted area only if the vehicle is in a safe and functioning condition with all equipment required by the airport manager under this subsection.

(d) The airport manager may designate areas within a restricted area where a person may, and outside of which a person may not, except by permission from the airport manager, operate, maintain, fuel, or park a vehicle.

(e) The airport manager shall order a vehicle operator to remove the vehicle from a restricted area if the manager determines that the vehicle is not operated or equipped in compliance with this section. The manager shall refuse access to a restricted area for a vehicle that the manager determines is not operated in compliance with this section.

History

Authority: AS 02.15.020; AS 02.15.220; AS 02.20.050 AS 02.15.060; AS 02.15.230
Eff. 1/14/2001, Register 157

17 AAC 42.090 Vehicle parking

(a) This section applies to parking of vehicles on an airport in an area other than a restricted area or on a premises.

(b) The airport manager shall designate vehicle parking areas and loading zones. A person may park a vehicle on an airport only in a designated parking area and shall pay any applicable parking fee established for the area under 17 AAC 42.125.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.20.050 AS 02.15.060; AS 02.15.230
Eff. 1/14/2001, Register 157

17 AAC 42.095 Commercial passenger vehicle permit

(a) To operate a commercial passenger vehicle business on an airport, a person must hold a current commercial passenger vehicle permit issued under this section.

(b) A person must submit an application for a commercial passenger vehicle permit in writing to the airport manager and include

(1) a list of vehicles that the applicant proposes to operate on the airport under the commercial passenger vehicle permit; the list must include the year, make, model, license plate number and issuing state, serial number, and seating capacity, including the driver, for each vehicle;

(2) a description of the services that the applicant proposes to offer under the permit; and

(3) any application fee established under 17 AAC 42.125.

(4) evidence that applicable state and local permits or authorizations have been obtained.

(c) The airport manager shall approve an application for a commercial passenger vehicle permit unless the manager determines that

(1) the application must be denied under 17 AAC 42.010(g);

(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(3) the proposed activity is not allowed under or would result in a violation of

(A) applicable law;

(B) an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d);

(D) an exclusive right the department has granted to another person; or

(E) a covenant running with the airport land; or

(4) the proposed activity is inconsistent with sound airport planning.

(d) A decision by the airport manager to deny an application for a commercial passenger vehicle permit must be in writing.

(e) A commercial passenger vehicle permit is not transferable and may not exceed a term of five years.

(f) A commercial passenger vehicle permittee shall pay the applicable fee established under 17 AAC 42.125.

(g) A commercial passenger vehicle permittee shall provide evidence of insurance coverage that fully satisfies any insurance requirement that the airport manager establishes for the permit under the applicable provisions of 17 AAC 42.410(b)(15) for the permittee's operations on the airport.

(h) A commercial passenger vehicle permittee may not use or operate a vehicle on the airport in conjunction with a commercial passenger vehicle business unless the vehicle is listed on the permit and displays the identification described in this subsection. For each calendar year and for each vehicle listed on the permit, a permittee shall, upon payment of any applicable fee established under 17 AAC 42.125, obtain from the airport manager a sticker or other form of identification designated by the manager. The manager shall mail or deliver identification for a vehicle only to a person who has a permit at the airport, has paid any applicable fee, and has submitted the vehicle information required under (b)(1) of this section for that calendar year. A permittee shall maintain conspicuously affixed to each vehicle the current year's identification that the manager has issued for that vehicle.

(i) A commercial passenger vehicle permittee that operates a vehicle on airport property shall keep the vehicle in safe operating condition. The airport manager shall order a permittee to remove from service any vehicle of the permittee that the manager determines to be unsafe or otherwise in violation of this section.

(j) A commercial passenger vehicle permittee may park, wait, and drop off or pick up a passenger only at a premises or in an area that the airport manager has designated for that purpose.

(k) A commercial passenger vehicle permittee may cancel a permit and cease operations at the airport at any time on written notice to the airport manager.

(l) Upon 10 days' written notice to the permittee, or a shorter period of written notice if allowed by the permit,

(1) the airport manager shall cancel a commercial passenger vehicle permit and invalidate all vehicle identification issued to a permittee if the airport manager determines that the permittee

(A) is not in compliance with the permit and has not corrected the noncompliance within 10 days after receipt of the notice, or within a shorter period if allowed by the permit and stated in the notice; or.

(B) has ceased commercial passenger vehicle operations on the airport; and

(2) the airport manager may, unless the permit provides otherwise, cancel a commercial passenger vehicle permit and invalidate all vehicle identification issued to a permittee for any reason not in violation of applicable law.

(m) Cancellation of a commercial passenger vehicle permit by the airport manager must be in writing and state the reasons for the cancellation.

(n) A commercial passenger vehicle permittee may not, on the basis of the distance to be transported, refuse to transport a person who agrees to pay the appropriate fare.

(o) An applicant or commercial passenger vehicle permittee may protest the airport manager's decision to deny an application or cancel a commercial passenger vehicle permit in accordance with 17 AAC 42.910.

(p) A commercial passenger vehicle permittee or an employee of a permittee

(1) may not offer transportation services by in-person solicitation on an airport or by driving slowly past a department-operated terminal building; and

(2) shall offer transportation services only in compliance with the terms of the permit.

History

Authority: AS 02.15.020; AS 02.15.220; AS 37.15.540 AS 02.15.060; AS 02.15.230 AS 02.15.090; AS 37.15.470
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.100 Vehicle rental business permit

(a) To operate a vehicle rental business on an airport, a person who does not have a concession to operate a vehicle rental business on the airport must hold a current vehicle rental business permit issued under this section.

(b) A person must submit an application for a vehicle rental business permit in writing to the airport manager and include

(1) a list of vehicles that the applicant proposes to operate on the airport under the vehicle rental business; the list must include the year, make, model, license plate number and issuing state, and serial number for each vehicle;

(2) a description of the services that the applicant proposes to offer under the permit; and

(3) any application fee established under 17 AAC 42.125.

(c) The airport manager shall approve an application for a vehicle rental business permit unless the manager determines that

(1) approval must be denied under 17 AAC 42.010(g);

(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(3) the proposed activity is not allowed under or would result in a violation of

(A) applicable law;

(B) an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d);

(D) an exclusive right the department has granted to another person; or

(E) a covenant running with the airport land; or

(4) the proposed activity is inconsistent with sound airport planning.

(d) A decision by the airport manager to deny an application for a vehicle rental business permit must be in writing.

(e) A vehicle rental business permit is not transferable and may not exceed a term of five years.

(f) A vehicle rental business permittee shall pay the applicable fee established under 17 AAC 42.125.

(g) A vehicle rental business permittee shall provide evidence of insurance coverage that fully satisfies any insurance requirement that the airport manager establishes for the permit under the applicable provisions of 17 AAC 42.410(b)(15) for the permittee's operations on the airport.

(h) Repealed 1/17/2016.

(i) A vehicle rental business permittee operating a vehicle on airport property shall keep the vehicle in safe operating condition. The airport manager shall order a permittee to remove from service any permittee vehicle the manager determines to be unsafe or otherwise in violation of this section.

(j) A vehicle rental business permittee may park, wait, and drop off or pick up a passenger only at a premises or in an area the airport manager has designated for that purpose.

(k) A vehicle rental business permittee may cancel a permit and cease operations at the airport at any time on written notice to the airport manager.

(l) Upon 10 days' written notice to the permittee, or a shorter period of written notice if allowed by the permit,

(1) the airport manager shall cancel a vehicle rental business permit and invalidate all vehicle identification issued to a permittee if the airport manager determines that the permittee

(B) has ceased vehicle rental operations on the airport; and

(2) the airport manager may, unless the permit provides otherwise, cancel a vehicle rental business permit and invalidate all vehicle identification issued to a permittee for any reason not in violation of applicable law.

(m) Cancellation of a vehicle rental business permit by the airport manager must be in writing and state the reasons for the cancellation.

(n) An applicant or permittee may protest the airport manager's decision to deny an application or cancel a vehicle rental business permit in accordance with 17 AAC 42.910.

History

Authority: AS 02.15.020; AS 02.15.220; AS 37.15.540 AS 02.15.060; AS 02.15.230 AS 02.15.090; AS 37.15.470
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.105 Business activity permit

(a) Unless a lease, permit, or concession expressly authorizes the person to operate the business, a person must hold a current business activity permit issued under this section before selling, offering for sale, or providing goods or services commercially anywhere on an airport regardless of duration of the activity.

(b) To obtain authorization to conduct a business for which this section requires a business activity permit, a person must submit an application for a business activity permit in writing to the airport manager and must include

(1) a description of the services and operations the applicant proposes to conduct under the business activity permit; and

(2) the application fee established under 17 AAC 42.125.

(1) approval must be denied under 17 AAC 42.010(g);

(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(3) the proposed activity is not allowed under or would result in a violation of;

(A) applicable law;

(B) an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d);

(D) an exclusive right the department has granted to another person; or

(E) a covenant running with the airport land; or

(4) the proposed activity is inconsistent with sound airport planning.

(d) A decision by the airport manager to deny an application for a business activity permit must be in writing.

(e) A business activity permit is not transferable and may not exceed a term of five years.

(f) A business activity permittee shall pay the applicable fee established under 17 AAC 42.125.

(g) A business activity permittee shall provide evidence of insurance coverage that fully satisfies any insurance requirement that the airport manager establishes for the permit under the applicable provisions of 17 AAC 42.410(b)(15) for the permittee's operations on the airport, considering the nature and scope of the permittee's activities.

(h) Repealed 1/17/2016.

(i) A business activity permittee operating a vehicle on airport property shall keep the vehicle in safe operating condition. The airport manager shall order a permittee to remove from service any permittee vehicle that the manager determines to be unsafe or otherwise in violation of this section.

(j) A business activity permittee may park and operate a vehicle in conjunction with a business activity subject to this section only in an area that the airport manager has designated for that purpose.

(k) A business activity permittee may cancel a business activity permit and cease operations at the airport at any time on written notice to the airport manager.

(l) The airport manager shall, after written notice to the business activity permittee, cancel a business activity permit if the manager determines that the permittee

(1) is not in compliance with the permit and has not corrected the noncompliance within 10 days after receipt of the notice; or

(2) has ceased operations on the airport.

(m) Cancellation of a business activity permit by the airport manager must be in writing and state the reasons for the cancellation.

(n) An applicant or business activity permittee may protest the airport manager's decision to deny an application or cancel a business activity permit in accordance with 17 AAC 42.910.

(o) For purposes of this section, an activity is conducted on an airport if the activity, including any transportation offered or arranged by the operator of the activity,

(1) is conducted all or in part within the airport boundary; or

(2) derives business from an airport and offers or arranges for transportation between an off-airport location and a location on the airport.

History

Authority: AS 02.15.010; AS 02.15.090; AS 37.15.500 AS 02.15.020; AS 02.15.220; AS 37.15.540 AS 02.15.060; AS 02.15.230
Eff. 1/14/2001, Register 157; am 10/20/2002, Register 164; am 11/1/2003, Register 168; am 1/17/2016, Register 217

17 AAC 42.110 Abandoned or lost property

(a) This section applies to personal property on an airport other than an aircraft or a vehicle.

(b) A person may not leave personal property unattended on an airport, unless the person has permission to do so from a lessee, permittee, or concessionaire entitled to occupy the premises on which the property is left. The permission of a lessee, permittee, or concessionaire under this subsection is only valid if it is consistent with the terms of the relevant lease, permit, or concession.

(c) An air carrier that finds or receives abandoned or lost property may, subject to any applicable requirement of federal or state law, follow its own procedures for handling abandoned or lost property. If abandoned or lost property is delivered to or collected by the airport manager, the manager shall follow the procedures in this section.

(d) Except for property of negligible value or that appears to pose a risk to the security, maintenance, or operation of the airport, the airport manager shall record and store abandoned or lost property. Perishable property not redeemed within 24 hours and any other property not redeemed within 90 days after it is recorded and stored is considered permanently abandoned. Unless applicable law provides otherwise, the manager may sell, dispose of, destroy, donate, or retain for the department any property that is permanently abandoned. The manager shall deposit any proceeds from the disposition of abandoned property under this subsection into the revenue fund established under AS 37.15.430.

(e) The airport manager shall donate abandoned or lost property to a charitable organization or discard it after holding it for at least five days if the manager determines that the property has only negligible value.

(f) For purposes of this section, property that is unattended for longer than one hour is presumed to be abandoned or lost.

History

Authority: AS 02.15.020; AS 02.15.220 AS 02.15.060; AS 02.15.230
Eff. 1/14/2001, Register 157

17 AAC 42.115 Unauthorized parking and impound

(a) Repealed 1/17/2016.

(b) Except as provided in (c) of this section, the following impound procedure applies to an aircraft or vehicle parked in violation of this chapter, an aircraft or vehicle that is derelict as described in (h) of this section, and personal property abandoned on an airport:

(1) the airport manager shall attempt to identify and locate the owner of the vehicle, aircraft, or personal property, and to have the owner of the vehicle, aircraft, or personal property remove it;

(2) the manager shall attach a warning tag or other written notice to the property that directs the owner to pay any fees due, to remove the property by the time and date that the manager states on the tag or notice, or to do both, and that states that failure to do so will result in impound of the property under this section; the time and date stated on the tag or notice may not be less than 48 hours nor more than 96 hours after the time and date the tag or notice is attached to the property; and

(3) if the owner has not timely paid the applicable fees or removed the property as directed on the tag or notice, the manager shall attach a tag or other written notice to the property stating that the property is impounded under this section and setting out the procedures for the owner to obtain the property from impound.

(c) If the airport manager determines that an emergency or threat to public safety exists and would be materially reduced by impound of property on the airport, the manager shall immediately impound the property and attempt to identify and notify the owner after the property has been impounded. In addition, where a sign, signal, or other traffic control device indicates that parking is prohibited and subject to towing and impound, the airport manager may immediately impound a vehicle left unattended and attempt to identify and notify the owner after the property has been impounded.

(d) After impounding property under (b) or (c) of this section, the airport manager shall, unless it is impractical to do so,

(1) attach a lock or other device to the property to prevent its use or relocation during impound; or

(2) tow or otherwise move or have moved the impounded property for storage until redemption or disposal.

(e) A person who leaves property subject to impound on an airport does so at the person's own risk.

(f) The airport manager shall assess against impounded property any impound fee and storage fee established under 17 AAC 42.125. The owner or operator of property that is impounded, or the agent of the owner or operator, may redeem the property from the airport manager only after paying the fees assessed and any costs that the department has incurred, including towing, legal, and administrative costs.

(g) Property not redeemed within 90 days after impoundment is considered permanently abandoned. Unless applicable law provides otherwise, the airport manager may sell, dispose of, destroy, donate, or retain for the department any property that is permanently abandoned, and may retain any proceeds from the sale of that property. The manager shall deposit any proceeds from the disposition of abandoned property under this subsection into the revenue fund established under AS 37.15.430. The airport manager may seek reimbursement for any costs that the airport manager or department incurs in connection with an impoundment, including towing, legal, and administrative costs, from a person who owns property as of the date that the property is considered permanently abandoned on an airport under this section.

(h) For purposes of this section, an aircraft or vehicle is derelict if its presence and location at the airport is not expressly authorized by the airport manager and it is, or reasonably gives the appearance of being, forsaken, abandoned, deserted, or cast away. An aircraft is presumed to be derelict if the aircraft has been non-airworthy on an airport for a period of 30 consecutive days or more and a vehicle is presumed to be derelict if the vehicle has been inoperable on an airport for the same minimum period.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.120 Accidents

(a) A lessee, permittee, or concessionaire who owns or operates an aircraft involved in an aircraft accident or incident on an airport shall report the accident or incident to the airport manager within one hour of the accident or incident or as soon as possible thereafter.

(b) A lessee, permittee, or concessionaire who owns or operates a vehicle involved in an accident that occurs on an airport and that involves bodily injury or death or property damage to any one person in excess of $500 shall report the accident to the airport manager within one hour after the accident or as soon as possible thereafter.

(c) If a lessee, permittee, or concessionaire is injured or damaged by the state, a state employee, or state property on an airport, the person or owner of the property, as applicable, shall report the accident to the airport manager within one hour after the injury or damage or as soon as possible thereafter.

(d) The department may seek reimbursement from a person who damages airport property or is otherwise responsible for that damage for the department's costs to repair or replace the damaged property and for any related costs incurred by the department, including legal and administrative costs.

(e) In this section,

(1) "aircraft accident" has the meaning given in 49 C.F.R. 830.2;

(2) "incident" has the meaning given in 49 C.F.R. 830.2.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.230 AS 02.15.050; AS 02.15.220
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.125 Fee adoption, interest, late fees, and security for payment

(a) After giving notice to the public in accordance with 17 AAC 42.400 and an opportunity to comment, the commissioner will by order establish a schedule of all charges, rents, and fees imposed at an airport. This fee schedule is a public record and is available to the public upon request. The fee schedule is subject to revision in accordance with this section from time to time as the commissioner determines appropriate.

(b) After giving notice to the public in accordance with 17 AAC 42.400 and providing an opportunity to comment, the commissioner will periodically establish a land lease rate based on relevant appraisal data, adjusted if necessary by the Consumer Price Index for All Urban Consumers for the Anchorage Metropolitan Area compiled by the Bureau of Labor Statistics, United States Department of Labor, or other means described in the commissioner's order that adopts the rate. The rate established may not exceed average fair market rent for land to which it applies, with due consideration given to the restrictions on the development and use of airport property.

(d) A lessee, permittee, or concessionaire who fails to submit a certified activity report to the airport manager by the date required in a lease, permit, or concession shall, unless the delay is due to an error of the department, pay a late fee as set out in the fee schedule adopted under (a) of this section for each such failure.

(e) If the airport manager determines it is necessary to guarantee payment of any charge, rent, or fee payable by a person for use of an airport or performance of any other obligation to the department in connection with that use, the manager shall require the person to make a deposit, post a bond, or provide a letter of credit, personal guarantee, or other form of security. The deposit, bond, letter of credit, personal guarantee, or other security must be in a form and in an amount that the manager finds acceptable considering the person's financial obligations to the airport, financial responsibility, and past and proposed activities on the airport.

(f) Unless otherwise specified in a lease, permit, concession, or other written agreement with the department, a person required to pay the department under this chapter shall make payment within 30 days of the date of mailing or hand delivery of written demand by the department.

(g) Any fee established under this section for an application under this chapter is non-refundable unless other wise stated in the schedule described in (a) of this section.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.130 Waiver of rents or fees

Except when awarding a lease, permit, or concession under 17 AAC 42.300 - 17 AAC 42.395, if the commissioner determines that it is in the best interest of the state to do so, the commissioner will waive or reduce the charge, rent, or fee for

(1) an easement, permit, or right-of-way for a public road or a public access way that serves an airport;

(2) a lease, license, easement, right-of-way, or permit granted to a government agency for an activity directly related to the operation of an airport;

(3) a lease or permit for land or building space granted to the Alaska Wing, Civil Air Patrol, except for an activity that is typically offered to the public, other than Civil Air Patrol members, for a fee;

(4) a lounge for members of the United States Armed Forces, the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Militia if a person exempt from taxation under 26 U.S.C. 501(c) operates the lounge; and

(5) a lease or permit for use of land by a municipality for community purposes if

(A) contribution of the airport property enhances public acceptance of the airport in a community in the immediate area of the airport;

(B) community use of the land does not adversely affect the capacity, security, safety, or operations of the airport;

(C) the land would not reasonably be expected to produce fair market revenue to the airport at the time that the community use is contemplated and is not reasonably expected to be needed for an aeronautical use or airport operations in the foreseeable future; and

(D) community use would not preclude future use of the property for airport purposes if the commissioner concludes such future use would provide greater benefits to the airport than continuation of the community use.

(6) an aviation museum.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.135 Airport planning and programs for FAA compliance

If the airport manager determines that it is in the best interest of the state to do so, the manager shall prepare and, as appropriate, revise in conformity with applicable guidance published by the FAA, any manual, plan, or program required by the FAA for eligibility of the airport for federal funds or for participation in a federal aviation program. A manual, plan, or program prepared under this section is an information resource that the manager may consult in making decisions under this chapter, but is not mandatory guidance or a regulation of the department.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.140 Airport noise compatibility program

(a) If the airport manager determines that it is in the best interest of the state and of members of the public living or working in areas near the airport that are or may be affected by noise from aircraft using the airport, the manager shall develop a program to improve compatibility between the operation of those aircraft and the surrounding community.

(b) The airport manager shall follow the procedures of AS 44.62.180 - 44.62.290 in developing a noise compatibility program under this section and shall forward the program to the commissioner for possible adoption by reference in this chapter. A noise compatibility program developed by the manager must be approved by the FAA under 14 C.F.R. 150.23, as amended through November 1, 1999, before it is forwarded to the commissioner.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.145 Airport zoning

(a) The commissioner may determine in writing that the adoption of zoning for an airport for the purpose of establishing appropriate land use is in the best interest of the state. If the commissioner makes that determination, the airport manager shall develop a plan of formally designated and zoned areas of the airport that complies with the requirements of AS 02.25.010 - 02.25.110.

(b) An airport zoning plan developed by the airport manager under (a) of this section shall provide for the safe, effective, and efficient operation and use of the airport and optimize development on the airport. The manager shall follow the procedures of AS 44.62.180 - 44.62.290 in developing the plan and shall forward the plan to the commissioner for possible adoption by reference in this chapter.

(c) The airport manager, in developing airport zoning under this section, shall consider sound airport planning and shall ensure compliance with applicable federal law and the achievement or maintenance of eligibility to receive federal money and to participate in federal aviation programs.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.25.030 AS 02.15.060; AS 02.25.020
Eff. 1/14/2001, Register 157

17 AAC 42.150 Opportunity to comment

(a) The airport manager must notify the public in accordance with 17 AAC 42.400 and provide an opportunity to comment before adopting or substantially revising any noise compatibility program under 17 AAC 42.140 or zoning plan under 17 AAC 42.145.

(b) In addition to the requirements of (a) of this section, before developing a zoning plan under 17 AAC 42.145, the airport manager must also conduct a hearing on the plan in accordance with AS 02.25.030.

History

Authority: AS 02.15.020; AS 02.15.200 AS 02.15.060; AS 02.25.030
Eff. 1/14/2001, Register 157

Article 2 Authorization for Use of International Airport Property

17 AAC 42.200 Lease, permit, concession, or other interest for use of airport property

(a) Except as otherwise provided in (b) and (c) of this section, 17 AAC 42.200 - 17 AAC 42.297 apply to a lease, permit, concession, or other interest for use of airport property.

(b) The provisions of 17 AAC 42.200 - 17 AAC 42.297 do not apply to

(1) a commercial passenger vehicle permit under 17 AAC 42.095;

(2) a vehicle rental business permit under 17 AAC 42.100;

(3) a business activity permit under 17 AAC 42.105;

(4) a tiedown permit under 17 AAC 42.500 - 17 AAC 42.599 or 17 AAC 42.600 - 17 AAC 42.699;

(5) a transient aircraft parking permit under 17 AAC 42.035; or

(6) a first amendment activity permit under 17 AAC 42.800 - 17 AAC 42.840.

(c) The provisions of 17 AAC 42.205 - 17 AAC 42.210, 17 AAC 42.225 - 17 AAC 42.245, and 17 AAC 42.285 - 17 AAC 42.297 do not apply to an agreement entered into under 17 AAC 42.040, except as may be otherwise provided in such an agreement.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.205 Competitive offering of a lease, permit, concession, or other interest

(a) Except as provided in (b) and (c) of this section, the airport manager shall competitively offer a lease, permit, concession, or other interest to the public if

(1) the manager receives more than one approvable application for the same property or interest and same class of use before providing public notice under 17 AAC 42.215(d) with respect to the property or interest;

(2) the manager receives more than one approvable application for the same property or interest and same class of use by the date set under 17 AAC 42.215(d) if the manager provided public notice under 17 AAC 42.215(d);

(3) the manager determines that it is in the best interest of the state to offer the interest competitively;

(4) the lease, permit, concession, or other interest includes a grant of an exclusive right; or

(5) applicable law requires that the interest be offered competitively.

(b) Unless otherwise required by law, before the expiration of a land lease or the termination of a land lease in holdover, a lessee other than a government agency may apply for a new lease for that land or for an extension of the existing lease without competition under AS 02.15.090(c) if the applicant

(1) submits an application under 17 AAC 42.210 for the same land and substantially the same use as stated in the existing lease; and

(2) submits the application to the airport manager before the later of the date that the lease expires or the date any holdover status of the lease ends.

(c) For the sale and delivery of in-bond merchandise, the airport manager shall competitively offer an exclusive contract under AS 02.15.091.

(d) A permit, concession, or building lease is not a land lease that qualifies the holder for preferential consideration for a new lease or lease term extension under AS 02.15.090(c).

History

Authority: AS 02.15.020; AS 02.15.070; AS 02.15.091 AS 02.15.060; AS 02.15.090; AS 02.15.210
Eff. 1/14/2001, Register 157

17 AAC 42.210 Application for or material amendment to a lease, permit, concession, or other interest

(a) A person seeking a lease, permit, concession, or other interest for use of airport property or seeking a material amendment to an interest the person already holds may submit an application under this section. The person must submit the application in writing to the airport manager and must include

(1) a description of the property or interest requested;

(2) a description of the proposed activity or business and, if the person proposes a business use, the applicant's business plan;

(3) a description, site plan, cost estimate, and method of financing for the proposed improvements;

(4) a list of any aircraft that the applicant intends to base on the airport;

(5) any application fee established under 17 AAC 42.125; and

(6) the length of term or extension requested.

(b) If an applicant applies for either a land lease or a land lease term extension based on investment, purchase price, fair market value, useful life, or remaining useful life of the permanent improvements, the applicant shall submit with the application

(1) a statement of the dollar amount, excluding financing costs, of any proposed investment in the premises and the applicant's written agreement to make that investment for, as applicable,

(A) construction of permanent improvements on the premises, including the cost of design, labor, materials, shipping, permits, equipment, soil testing, and environmental assessments directly related to the construction;

(B) premises boundary and as-built surveys;

(D) fill material, gravel, and pavement;

(E) remediation of environmental contamination, except that, if the applicant caused or materially contributed to the contamination, the applicant may not include the costs of remediation to justify all or part of the term of a land lease or land lease term extension under this section or 17 AAC 42.225; and

(F) costs related to utility infrastructure development or connection;

(2) documentation of the purchase price, excluding financing costs, of permanent improvements that the applicant acquired from a previous lessee and that are located on the premises;

(3) documentation of the additional investment, excluding financing costs, the applicant has previously made for work on the premises described in (1)(A) - (E) of this subsection if the airport manager

(A) approved that work in an airport building permit or other written approval under 17 AAC 42.280 or under 17 AAC 40 in effect before January 14, 2001; and

(B) did not previously consider that work in setting the initial term of the lease or any subsequent lease term extension;

(4) a written appraisal, prepared in accordance with 17 AAC 42.230(a)(3), of the fair market value of the permanent improvements that the applicant owns or has contracted to acquire that are located on the premises;

(5) a written opinion, prepared in accordance with 17 AAC 42.230(a)(4), of the useful life of new permanent improvements the applicant proposes to construct on the premises; or

(6) a written opinion, prepared in accordance with 17 AAC 42.230(a)(5), of the remaining useful life of the existing permanent improvements that the applicant owns or has contracted to acquire that are located on the premises.

(c) An application for a succeeding land lease or for a land lease term extension may not be submitted earlier than one year before the expiration of the lease term unless the applicant

(1) proposes to make an additional investment in the premises and submits the information and agreement described at (b)(1) of this section supporting that investment;

(2) has purchased permanent improvements on the premises and submits the information described at (b)(2) of this section to document that purchase; or

(3) has made an additional investment in the premises that the airport manager did not previously consider in setting the initial term of the lease or any subsequent lease term extension and submits the information described at (b)(3) of this section to document that investment.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.215 Consideration of application for lease, permit, concession, material amendment, or other interest

(a) The airport manager shall review an application for a lease, permit, concession, material amendment, or other interest submitted under 17 AAC 42.040 or 17 AAC 42.210 and determine whether the application is approvable subject to public notice and comment under 17 AAC 42.400.

(b) An application that does not qualify for consideration without competition under 17 AAC 42.205(b) is approvable subject to public notice and comment under 17 AAC 42.400, unless

(1) the proposed use is prohibited by or inconsistent with

(A) the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550 or a covenant running with the airport land;

(B) an exclusive right granted by the department to another person;

(D) the applicable provisions of this chapter and of any other statute or regulation, including any relating to noise or airport land use; or

(E) any applicable FAA grant assurance incorporated by reference under 17 AAC 42.010(d);

(2) the proposed use would be inconsistent with the best interest of the state;

(3) the airport manager has already approved an application for the same land under AS 02.15.090(c);

(4) the airport manager has received an approvable application that has a proposed use of higher priority as determined under (g) or (h) of this section;

(5) the applicant fails to establish financial responsibility acceptable to the airport manager; or

(6) approval must be denied under 17 AAC 42.010(g).

(c) An application for a land lease or material amendment to a land lease that qualifies for consideration without competition under 17 AAC 42.205(b) is approvable subject to public notice and comment under 17 AAC 42.400 if

(1) the applicant is in compliance with the terms and conditions of the applicant's current or holdover lease so that denial of the application is not required under 17 AAC 42.010(g);

(2) the continued use is consistent with

(A) the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550 or a covenant running with the airport land;

(B) an exclusive right granted by the department to another person;

(D) the applicable provisions of this chapter and of any other statute or regulation, including any relating to noise or airport land use; and

(E) any applicable FAA grant assurance incorporated by reference under 17 AAC 42.010 and any written plan or program required for compliance with applicable state or federal law; and

(3) the continued use is in the best interest of the state.

(d) If the airport manager determines that an application is approvable, subject to public notice and comment under 17 AAC 42.400, the manager shall give notice of the application to the public in accordance with 17 AAC 42.400. The notice must include

(1) the applicant's name;

(2) the general terms of the proposed lease, permit, concession, material amendment, or other interest including the proposed rent, fees, term, property description or location, and authorized uses;

(3) the airport manager's mailing address for submitting comment on the application or for submitting a competing application under 17 AAC 42.210;

(4) the date by which the manager must receive all public comment and any competing application; and

(5) a request for competing applications, unless the application qualifies for consideration without competition under 17 AAC 42.205(b) and has been determined to be approvable under (c) of this section, in which case the notice shall so state and shall not request competing applications.

(e) After the public comment period established under (d) of this section has closed, the airport manager shall

(1) consider only public comments that the manager received before the close of the public comment period;

(2) review any competing applications that the manager received before the close of the public comment period to determine whether any such application is approvable under (b) or (c) of this section;

(3) determine whether the application remains approvable under (b) or (c) of this section, as applicable; and

(4) enter into a lease, permit, concession, material amendment, or other interest with the applicant unless the manager determines in writing that

(A) the application should be denied under this chapter;

(B) the manager timely received at least one other approvable competing application of the same or higher priority class of use determined under (g) or (h) of this section; or

(f) For an aeronautical use application that qualifies for consideration without competition under 17 AAC 42.205(b), the manager may not rely on either the existence of a competing application or the potential for gaining increased revenue for the department, whether alone or combined, as the sole reason for denying an existing land lessee's application for a new land lease or lease term extension under AS 02.15.090(c).

(g) Subject to (b) of this section and to a designation of space for one or more uses under 17 AAC 42.020(c), the manager shall award a lease between competing applications for the same space in a department-operated terminal building according to the following priority order:

(1) from a holder of an agreement entered into under 17 AAC 42.040(a);

(2) from a holder of an agreement entered into under 17 AAC 42.040(b);

(3) from a holder of an airport concession;

(4) any other applicant.

(h) Except for an application for space in a department-operated terminal building, if the airport manager timely receives one or more approvable competing applications submitted under 17 AAC 42.210 for the same property or interest but for different classes of use and none qualify for consideration without competition under 17 AAC 42.205(b), the manager shall award the requested lease, permit, concession, material amendment, or other interest according to the following priority order:

(1) for an aeronautical use;

(2) for a non-aeronautical use.

(i) The airport manager shall award a lease, permit, concession, material amendment, or other interest for a combination of two or more classes of use if the manager determines that the combination of uses is in the best interest of the state.

(j) The airport manager shall mail or deliver to the successful applicant a lease, permit, concession, or other document form for the interest awarded under (e) of this section. If the applicant does not, within 60 days after the date the manager mails or delivers it to the applicant, sign and mail or deliver the lease, permit, concession, or other document form back to the airport manager, the manager shall not enter into the lease, permit, concession, or other interest and shall so notify the applicant in writing. The manager may extend the response time provided under this subsection for good cause shown. To request an extension, the applicant must submit to the manager a written request for extension stating the reasons for the request.

(k) The airport manager may not execute a lease, permit, concession, or other interest earlier than the day after the date set for submission of public comment or competing applications under (d) of this section or later than one year after that date.

(l) The airport manager shall state in writing any decision to deny an application or request for an extension under this section, including the reasons for the denial. An applicant may protest the denial of an application or the denial of a request for an extension in accordance with 17 AAC 42.910.

History

Authority: AS 02.15.020; AS 02.15.090; AS 37.15.470 AS 02.15.060; AS 02.15.210; AS 37.15.540
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.220 Lease, permit, concession, or other interest term limitations

(a) The maximum period for the term of a lease, permit, concession, or other interest, including extensions and periods of holdover, relating to an airport is 55 years.

(b) Before the airport manager approves or extends the term of a lease, permit, concession, or other interest for a non-aeronautical use of a premises that the manager has determined in writing will be needed for an aeronautical use or for airport development in the future, the manager shall first estimate when the premises will likely be needed for aeronautical use or airport development. A term or a term extension for a non-aeronautical use of those premises may not run beyond the time that the manager estimates the premises will become needed for an aeronautical use or for airport development.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.225 Land lease term or term extension

(a) This section does not apply to a land lease or to an extension of an existing land lease if the lessee is a government agency.

(b) In setting or extending the term for a land lease, the airport manager shall consider

(1) the applicant's actual or proposed development and use of the premises;

(2) sound airport planning and anticipated needs for security, safety, maintenance, and operation of the airport;

(3) future development needs of the airport;

(4) applicable covenants running with the land and restrictions in the state's title to airport property;

(5) the amount of investment, purchase price, fair market value, useful life, or remaining useful life of permanent improvements documented in the application, as applicable;

(6) the applicant's plan for remediation of any environmental contamination if the applicant did not cause or materially contribute to the contamination;

(7) the proposed method and terms of financing the applicant's investment; and

(8) the best interest of the state.

(c) Subject to the limitations in 17 AAC 42.215 and in 17 AAC 42.220, after considering the factors described in (b) of this section, the airport manager shall grant a term for a new lease or a term extension that will not exceed the greatest of

(1) the number of years shown in the table in (h) or (i) of this section, as applicable, that corresponds to the amount of the applicant's initial investment or additional investment, as applicable and excluding financing costs, in

(A) premises, boundary, and as-built surveys;

(B) site preparation, including excavating, filling, grading, fill material, gravel, and pavement;

(D) remediation of contamination on or that migrated from the premises and that was not caused or materially contributed to by the applicant;

(2) the number of years shown in the table in (h) or (i) of this section, as applicable, that corresponds to the appraised fair market value or purchase price of permanent improvements owned by the applicant on the premises, as applicable and excluding financing costs; or

(3) the number of years of useful life of proposed permanent improvements on the premises or the number of years of remaining useful life of existing permanent improvements owned by the applicant on the premises; if more than one applicant-owned permanent improvement is proposed or exists on the premises, the improvement with the longest useful life or remaining useful life shall be used to determine the length of a new lease or term extension.

(d) If more than one of the methods provided in (c) of this section for determining the maximum term length could be applied, the lessee has the option to choose which method the airport manager must use to determine the allowable term of the new lease or lease term extension.

(e) Subject to the limitations in 17 AAC 42.215 and in 17 AAC 42.220, the airport manager may grant a lease term extension before the last year of the term of a lease only if and to the extent the applicant satisfies the requirements of this subsection and (f) of this section. To qualify for a lease term extension before the last year of the term of a lease, an applicant must

(1) either do or commit in writing to do one of the following that the manager did not previously consider in setting the initial term of the lease or any subsequent lease term extension:

(A) make an additional investment in the premises that is approved by the manager in an airport building permit issued under 17 AAC 42.280; or

(B) purchase existing permanent improvements on the premises; or

(2) have made an additional investment in the premises that the manager approved in an airport building permit or other written approval issued, under 17 AAC 42.280 or under 17 AAC 40 in effect before January 14, 2001.

(f) An applicant who seeks to qualify for a lease term extension under (e) of this section must support the request with the information required under 17 AAC 42.210(b), as applicable.

(g) Subject to 17 AAC 42.220, the term of any extension that the airport manager grants under this section must be added to the end of any remaining term of the lease, including any earlier extensions.

(h) If the premises are located in a general aviation use area, the airport manager shall use the following table, subject to 17 AAC 42.220, to determine the maximum potential lease term or lease term extension the manager may grant under (c)(1) or (2) of this section:

Fair Market Value, Purchase

Price, or Investment of at

Least the Following

Dollar Amount Term of Years $057,500615,000722,500830,000937,5001045,0001152,5001260,0001337,5001475,0001582,5001690,0001797,50018105,00019112,50020120,00021127,50022135,00023142,50024150,00025157,50026165,00027172,50028180,00029187,50030195,00031202,50032210,00033217,50034225,00035232,50036240,00037247,50038255,00039262,50040270,00041277,50042285,00043292,50044300,00045307,50046315,00047322,50048330,00049337,50050345,00051352,50052360,00053367,50054375,00055

(i) If the premises are not located in a general aviation use area, the airport manager shall use the following table, subject to 17 AAC 42.220, to determine the maximum potential lease term or lease term extension that the manager may grant under (c)(1) or (2) of this section:

Fair Market Value, Purchase

Price, or Investment of at

Least the Following

Dollar Amount Term of Years $0525,000650,000775,0008100,0009125,00010150,00011175,00012200,00013225,00014250,00015275,00016300,00017325,00018350,00019375,00020400,00021425,00022450,00023475,00024500,00025525,00026550,00027575,00028600,00029625,00030650,00031675,00032700,00033725,00034750,00035775,00036800,00037825,00038850,00039875,00040900,00041925,00042950,00043975,000441,000,000451,025,000461,050,000471,075,000481,100,000491,125,000501,150,000511,175,000521,200,000531,225,000541,250,00055

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 1/14/2001, Register 157; am 2/10/2001, Register 157; am 1/17/2016, Register 217; am 5/25/2017, Register 222

17 AAC 42.230 Documentation of costs, purchase price, opinion of useful life or remaining useful life, or fair market value of permanent improvements

(a) If an applicant or lessee requests a lease term for a new lease or an extension of an existing lease based on

(1) costs the applicant or lessee incurred for matters described in 17 AAC 42.225(c)(1), the applicant or lessee must document those costs, excluding financing costs, in

(A) a statement of project costs signed by the contractor who performed the work;

(B) a statement of project costs signed by a certified public accountant;

(D) a notarized affidavit signed by the applicant or lessee attesting to the project costs, with an itemized listing of site costs and copies of invoices reflecting payment of those costs; or

(E) if the information described at (A) - (D) of this paragraph is not available as evidence of the cost, an estimate of project costs prepared and signed by a contractor or an architect or engineer registered under AS 08.48 or a general real estate appraiser certified under AS 08.87; this estimate must reflect costs as of the date of construction completion and must include cost data to support the estimate;

(2) purchase price of permanent improvements owned by the applicant or lessee, the applicant or lessee must document the purchase price in

(A) a copy of an executed bill of sale or sales contract that reflects the amount, excluding financing costs, the applicant or lessee paid for permanent improvements on the premises; the value of any leasehold transferred or purchased will not be considered toward the setting of a lease term; or

(B) a notarized affidavit signed by both the applicant or lessee, as purchaser, and the former lessee, as seller, stating the purchase price, excluding financing costs, of permanent improvements on the premises, but only if the applicant or lessee is unable to submit a bill of sale or sales contract;

(3) fair market value of permanent improvements that the applicant or lessee owns and are located on the premises, the applicant or lessee must document the fair market value in a written appraisal by a general real estate appraiser certified under AS 08.87; the appraisal must be based on generally accepted professional standards;

(4) useful life of permanent improvements that the applicant or lessee proposes to construct on the premises, the applicant or lessee must document the useful life in a written opinion; the opinion must

(A) be prepared by an architect or engineer registered under AS 08.48 or a general real estate appraiser certified under AS 08.87;

(B) be based on generally accepted professional standards; and

(5) remaining useful life of existing permanent improvements the applicant or lessee owns that are located on the premises, the applicant or lessee must document the remaining useful life in a written opinion; the opinion must

(A) be prepared by an architect or engineer registered under AS 08.48 or a general real estate appraiser certified under AS 08.87;

(B) be based on generally accepted professional standards; and

(b) The airport manager shall accept an appraisal of fair market value or an opinion of useful life or remaining useful life prepared under (a) of this section if the appraisal or opinion meets generally accepted professional standards.

(c) The applicant or lessee shall obtain at the applicant's or lessee's sole expense any appraisal of fair market value or opinion of useful life or remaining useful life submitted under (a) of this section.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.235 Permit, concession, building lease, or government agency land lease term or term extension

The airport manager shall set the term or term extension for a permit, concession, building lease, or government agency land lease based on the following considerations:

(1) the applicant's actual or proposed development and use of the premises;

(2) sound airport planning and anticipated needs for security, safety, maintenance, and operations of the airport;

(3) future development needs of the airport;

(4) applicable covenants and restrictions in the state's title to airport property;

(5) the applicant's actual or proposed investment in permanent improvements and site development;

(6) the needs of a government agency applicant; and

(7) the best interest of the state.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 1/14/2001, Register 157

17 AAC 42.240 Agreement to complete construction or remediation

(a) If the airport manager grants a lessee, permittee, or concessionaire a lease term or lease term extension based on proposed construction or remediation on the premises, the lessee, permittee, or concessionaire must agree to complete the construction or remediation within the following periods:

(1) in the case of construction, the time that the manager sets in the lease, permit, or concession; the time set may not exceed two years unless the lessee shows to the airport manager's satisfaction that a longer period of time is required considering the cost, type, and phasing of construction and any required remediation under 17 AAC 42.225(b)(6) and that granting a longer period of time to complete the construction or remediation is not inconsistent with the best interest of the state; or

(2) in the case of remediation, the time set in a remediation plan that the lessee, permittee, or concessionaire submits under 17 AAC 42.225(b)(6) and that the manager approves.

(b) The airport manager shall require a performance bond, deposit, personal guarantee, or other security if the manager determines security is necessary or prudent to ensure completion of the construction or remediation within the time period set under (a) of this section. The manager shall determine the form and amount of the security considering the nature and scope of the construction or remediation and the financial responsibility of the lessee, permittee, or concessionaire.

(c) The lessee, permittee, or concessionaire shall, within 90 days after completion of construction or remediation, submit to the airport manager written documentation that the construction or remediation has been completed as required.

(d) If the lessee shows good cause to the airport manager and if it is not inconsistent with the best interest of the state, the manager shall grant an extension that is sufficient to allow for the completion of the construction or remediation or for submission of documentation that the construction or remediation has been completed under this section.

(e) If within the time required under (a) and (c) of this section or as the airport manager has extended under (d) of this section, a lessee, permittee, or concessionaire fails to complete the construction or remediation or to submit documentation that the construction or remediation has been completed, the manager shall

(1) execute the forfeiture of the performance bond, deposit, personal guarantee, or other security posted by the lessee, permittee, or concessionaire;

(2) cancel the lease, permit, or concession; or

(3) reduce the term of the lease, permit, or concession to a period that is consistent with the portion of the construction timely completed.

(f) An action that the airport manager takes under (e) of this section must be in writing and must state the reasons for the action taken.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.245 Disposition of permanent improvements on a land lease

(a) Unless otherwise provided in the applicable land lease or in another written agreement between the department and the lessee, permanent improvements that a lessee has constructed or purchased on the premises, but not site development materials, are the lessee's property as long as the lease remains in effect, including any period of extension or holdover with consent of the department.

(b) Unless otherwise provided in a land lease or the airport manager otherwise directs under (f) of this section, at the expiration, cancellation, or termination of a lease that is neither extended nor followed by a successor lease to the same lessee, the departing lessee may do one or more of the following:

(1) remove lessee-owned permanent improvements from the premises and restore the premises to a clean and neat physical condition acceptable to the manager within 60 days after the expiration, cancellation, or termination date of the lease;

(2) sell lessee-owned permanent improvements to the succeeding lessee, remove all personal property, remediate any contamination, and leave the premises in a clean and neat physical condition acceptable to the manager within 60 days after notice from the manager that the manager has approved an application for a lease of the premises by another person or such longer period specified in the notice, but in no event more than 180 days after the expiration, termination, or cancellation date of the lease;

(3) elect to have the manager sell lessee-owned permanent improvements at public auction under (c) and (d) of this section.

(c) If a departing lessee elects to have the airport manager sell lessee-owned permanent improvements at public auction under (b)(3) of this section, the lessee shall, within 30 days after the expiration, cancellation, or termination of the lease

(1) submit to the manager a written request and authorization to sell the permanent improvements by public auction;

(2) provide to the department an executed conveyance document transferring clear title to the permanent improvements to the successful bidder at the public auction, along with authorization to the manager, as agent for the departing lessee for purposes of the sale only, to endorse the name of the successful bidder on the conveyance document upon receipt of payment of the successful bid price; and

(3) before the date of the public auction, remove all personal property and leave the premises in a neat and clean physical condition acceptable to the manager.

(d) When selling lessee-owned permanent improvements at public auction for a departing lessee, the airport manager shall establish the terms and conditions of the sale as provided under 17 AAC 42.333. The manager shall pay the lessee any proceeds of the sale of the permanent improvements, less the administrative costs of the public auction and any financial obligation the lessee owes to the department under the lease. Payment shall be made within a reasonable time after the manager completes the sale transaction and receives the proceeds, but not to exceed 60 days. If all or a portion of the permanent improvements do not sell at public auction, the lessee shall remove those permanent improvements and restore the premises to a clean and neat physical condition acceptable to the manager within 60 days after the auction.

(e) If the lessee shows good cause to the airport manager and if it is not inconsistent with the best interest of the state, the manager shall grant an extension of time that is sufficient to allow the lessee to remove or sell lessee-owned permanent improvements or to restore premises under this section.

(f) The airport manager shall, by written notice, direct a departing lessee to remove lessee-owned permanent improvements from the premises, to remediate, consistent with applicable law, any contamination that the departing lessee caused, materially contributed to, or assumed under an assignment, and to restore the premises to a clean and neat physical condition acceptable to the manager if the manager determines that

(1) the permanent improvements are not consistent with

(A) the applicable provisions of this chapter and of any other statute or regulation, including any relating to noise or airport land use; or

(B) any written airport program or plan required for compliance with applicable federal or state law;

(2) the continuation of the permanent improvements on the premises is not in the best interest of the state; or

(3) the manager makes written findings that the permanent improvements present a hazard to public health or safety.

(g) A departing lessee to whom the airport manager has issued a direction under (f) of this section shall comply with the manager's direction within 60 days after issuance of the direction and at no cost to the department. If the departing lessee shows good cause to the manager and if it is not inconsistent with the best interest of the state, the manager shall allow in writing a longer period that is sufficient to allow the lessee to comply with the manager's direction. A departing lessee who fails to comply with a direction issued by the manager under (f) of this section shall, within 30 days of being billed by the department, reimburse the department for any costs reasonably incurred by the department, including legal and administrative costs, to enforce the manager's direction or to remove and dispose of unremoved lessee-owned permanent improvements, remediate any contamination, and restore the premises.

(h) If a departing lessee does not timely remove or sell the lessee-owned permanent improvements on a premises in accordance with the requirements of this section, any remaining permanent improvements and any remaining personal property of the departing lessee will be considered permanently abandoned. The airport manager may sell, lease, demolish, dispose of, remove, or retain the abandoned property for airport use as the manager determines is in the best interest of the state. The manager shall deposit any proceeds from the disposition of abandoned property under this subsection into the revenue fund established under AS 37.15.430. The departing lessee shall, within 30 days after being billed by the department, reimburse the department for any costs reasonably incurred by the department, including legal and administrative costs, to demolish, remove, dispose, clear title to, or sell the abandoned property and to remediate and restore the premises.

(i) After the expiration, termination, or cancellation of a lease, the departing lessee remains responsible to pay rent to the department and to abide by all other lease obligations, including maintenance of the premises and provision of evidence of insurance coverage to the department for the premises, through the date on which the lessee relinquishes possession of and completely vacates the premises. A departing lessee will not be considered to have relinquished possession and completely vacated the premises until

(1) the lessee has

(A) remediated, consistent with applicable law, any contamination the lessee caused, materially contributed to, or assumed under an assignment; and

(B) restored the premises to a clean and neat physical condition acceptable to the airport manager; and

(2) either

(A) all of the lessee's permanent improvements and personal property on the premises have been removed or sold to a succeeding lessee under the provisions of this section; or

(B) title to the lessee's permanent improvements and personal property that remain on the premises has vested in the department.

(j) Site development work and materials, including fill material, gravel, and pavement, that a land lessee completes or places on a premises become part of the state-owned realty and property of the state upon completion or placement. The lessee

(1) must maintain the fill material, gravel, and pavement throughout the term of the lease, including any extensions and periods of holdover; and

(2) may not remove the fill material, gravel, and pavement unless the airport manager approves in writing.

(k) In this section, "departing lessee" means a lessee whose land lease has expired, been terminated, or been canceled and to whom a new lease or a lease term extension for that land has not been granted.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.250 Disposition of removable improvements on a building lease or concession

(a) This section applies to building leases on the airport and on-airport concessions.

(b) Unless the applicable building lease or concession or other written agreement between the department and the building lessee or concessionaire provides otherwise, improvements that the building lessee or concessionaire constructs or purchases on the premises and that the airport manager determines can be removed without material damage to a state-owned building or land remain the lessee's or concessionaire's property while the building lease or concession remains in effect, including any period of extension or holdover with the consent of the airport manager.

(c) Unless the applicable building lease or concession provides otherwise, at the expiration, termination, or cancellation of the building lease or concession, the airport manager shall take one or more of the following actions with respect to the departing building lessee's or concessionaire's improvements that can be removed without material damage to the building or land:

(1) allow the departing building lessee or concessionaire to sell those improvements to a succeeding lessee or concessionaire of the premises, remove all personal property, remediate any contamination, and leave the premises in a clean and neat physical condition acceptable to the manager within 60 days after notice from the manager that the manager has approved an application for a lease of the premises to another person or by such earlier date stated in the notice, but in no event more than 100 days after the expiration, termination, or cancellation date of the lease or concession;

(2) allow or direct the departing building lessee or concessionaire to remove those improvements, remediate, consistent with applicable law, any contamination the departing lessee or concessionaire caused, materially contributed to, or assumed under an assignment, and restore the premises to a clean and neat physical condition acceptable to the manager; or

(3) allow the departing building lessee or concessionaire to transfer to the department, with or without payment of consideration, title to those improvements, remove all personal property, remediate any contamination, and leave the premises in a clean and neat physical condition acceptable to the manager.

(d) A departing building lessee or concessionaire to whom the airport manager has issued a direction under (c)(2) of this section shall comply with the manager's direction within 60 days after issuance of the direction and at no cost to the department. If the lessee or concessionaire shows good cause and if it is not inconsistent with the best interest of the state, the manager shall allow in writing a longer period that is sufficient to permit the lessee or concessionaire to comply with the manager's direction. A lessee or concessionaire who fails to comply with a direction issued by the manager under (c)(2) of this section shall, within 30 days of being billed by the department, reimburse the department for any costs reasonably incurred by the department, including legal and administrative costs, to enforce the manager's direction or to remove and dispose of that person's unremoved improvements, remediate any contamination, and restore the premises.

(e) If a departing building lessee or concessionaire does not timely remove or sell the improvements on a premises in accordance with the terms of this section, the improvements will be considered permanently abandoned. The airport manager may sell, lease, demolish, dispose of, remove, or retain the abandoned property for airport use as the manager determines is in the best interest of the state. Unless the law requires otherwise, the manager shall deposit any proceeds from the disposition of abandoned property under this subsection into the revenue fund established under AS 37.15.430. A departing lessee shall, within 30 days of being billed by the department, reimburse the department for any costs reasonably incurred by the department, including legal and administrative costs, to remove and dispose of the abandoned property, remediate any contamination, and restore the premises.

(f) After the expiration, termination, or cancellation of a building lease or concession, the departing building lessee or concessionaire remains responsible to pay rent to the department and to abide by all other lease obligations, including maintenance of the premises and provision of evidence of insurance coverage to the department for the premises, through the date on which the lessee or concessionaire relinquishes possession of and completely vacates the premises. A departing building lessee or concessionaire will not be considered to have relinquished possession and completely vacated the premises until

(1) the lessee or concessionaire has

(A) remediated, consistent with applicable law, any contamination the lessee or concessionaire caused, materially contributed to, or assumed under an assignment; and

(B) restored the premises to a clean and neat physical condition acceptable to the airport manager; and

(2) either

(A) all of the lessee's or concessionaire's improvements and personal property on the premises have been removed, subject to (g) of this section, or sold to the succeeding lessee or concessionaire; or

(B) title to any of the lessee's or concessionaire's improvements and personal property that remain on the premises has vested in the department.

(g) Unless otherwise provided in the building lease or concession, improvements that cannot be removed from a building lease or concession premises without material damage to a state-owned building or land and site development work and materials, including fill material, gravel, and pavement, that a building lessee or concessionaire completes or places on a premises become part of the state-owned realty and property of the state upon completion or placement. The building lessee or concessionaire

(1) must maintain the fill material, gravel, and pavement throughout the term of the lease, including any extensions and periods of holdover; and

(2) may not remove the fill material, gravel, or pavement unless the airport manager approves in writing.

(h) In this section, "departing building lessee or concessionaire" means a building lessee or concessionaire whose building lease or concession has expired, been terminated, or been canceled and to whom a new building lease or concession or a building lease or concession term extension has not been granted.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.255 Condemnation of leasehold or improvements

(a) This section applies to the taking by negotiation, court action, or otherwise of all or a part of a premises by any entity or person vested with the power of eminent domain, including the department.

(b) If all of a premises is taken,

(1) the lease, permit, or concession and all rights of the lessee, permittee, or concessionaire in the premises terminate as of the date of taking and the rent payable will be adjusted so that rent is due only until the date that the lessee, permittee, or concessionaire is required to surrender possession of the entire premises; and

(2) the department is entitled to all payment made for the taking, except for any amount paid as the fair market value of the permanent improvements owned by the lessee, permittee, or concessionaire.

(c) If a part of a premises is taken and the taking reduces the ground area of the premises by 30 percent or more or materially affects the authorized use of the premises by the lessee, permittee, or concessionaire of the premises, the lessee, permittee, or concessionaire has the right to terminate the lease, permit, or concession by giving written notice to the airport manager no later than 90 days after the date of taking.

(d) If the lessee, permittee, or concessionaire elects to terminate the lease, permit, or concession under (c) of this section, the portion of the premises taken is governed by (b) of this section and disposal of the remainder of any permanent improvements owned by the lessee, permittee, or concessionaire is governed by 17 AAC 42.245 or 17 AAC 42.250, as applicable, and the terms of the lease, permit, or concession.

(e) If the lessee, permittee, or concessionaire elects not to terminate the lease, permit, or concession under (c) of this section, the lease, permit, or concession continues in effect for the portion of the premises not taken, and the department is entitled to the full payment made for the portion taken, less any portion of the proceeds paid as the fair market value of the permanent improvements owned by the lessee, permittee, or concessionaire on the taken portion of the premises. The airport manager shall adjust the rent for the remainder of the term to reflect the taking as of the date of taking.

(f) If a part of a premises is taken and the taking reduces the ground area of the premises by less than 30 percent and the airport manager determines that the taking does not materially affect the authorized use of the premises by the lessee, permittee, or concessionaire, the lease, permit, or concession continues in effect for the portion of the premises not taken. The department is entitled to the full payment made for the portion taken, less any portion of the proceeds paid as the fair market value of the permanent improvements owned by the lessee, permittee, or concessionaire on the taken portion of the premises. The airport manager shall adjust the rent for the remainder of the term to reflect the taking as of the date of taking.

(g) Nothing in this section impairs the rights, if any, of a lessee, permittee, or concessionaire to relocation benefits under AS 34.60.

(h) The department's enforcement of a lease, permit, concession, or law against a lessee, permittee, or concessionaire is not a taking under this section.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.260 Assignment

(a) This section applies to an assignment of an interest in a lease, permit, or concession other than an assignment for security purposes. For purposes of this section, any single or cumulative transfer of more than 50 percent interest in a partnership, limited liability company, or corporation that holds a lease, permit, or concession is an assignment of an interest subject to approval under this section.

(b) Unless the lease, permit, or concession expressly provides otherwise, a lessee, permittee, or concessionaire may not assign all or a portion of a lease, permit, or concession, including improvements, without the prior written consent of the airport manager under 17 AAC 42.275. An assignment made contrary to the requirements of this section and 17 AAC 42.275 is void.

(1) the name, address, and telephone contact number for the proposed assignee;

(2) a description of the premises to be assigned;

(3) a description of the proposed assignee's intended use of the premises;

(4) financial and other information about the proposed assignee establishing the proposed assignee's ability to carry out the financial and other obligations under the lease, permit, or concession; and

(5) three originals of the executed assignment documents with notarized signatures of the assignor and proposed assignee.

(d) An assignment must include a provision stating that the assignee accepts responsibility for all of the assignor's obligations under the lease, permit, or concession, including environmental liability and responsibility.

(e) An assignee of a lease, permit, or concession may not occupy the premises before the airport manager consents to the assignment in writing.

(f) A lessee, permittee, or concessionaire may request that the airport manager informally review a proposed assignment before the assignment documents are executed. However, an assignment of a lease, permit, or concession is effective only if the manager consents to the assignment in writing under 17 AAC 42.275 after receiving a written request submitted under (c) of this section.

(g) If the lease, sublease, airport boundary crossing permit, or concession conflicts with the assignment or its underlying documents, the lease, sublease, airport boundary crossing permit, or concession governs. A provision stating this priority must be included in each assignment, but is implied in all assignments whether stated or not.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.265 Assignment for security purposes

(a) This section applies to an assignment of an interest in a lease, permit, or concession for security purposes.

(b) Unless the lease, permit, or concession expressly provides otherwise, a lessee, permittee, or concessionaire may not assign for security purposes all or a portion of or any interest in a lease, permit, or concession, including improvements, without the prior written consent of the airport manager under 17 AAC 42.275. An assignment for security purposes made contrary to the requirements of this section and 17 AAC 42.275 is void.

(c) A request for consent to an assignment for security purposes must be submitted to the airport manager in writing and must include

(1) the name, address, and telephone contact number for the proposed assignee;

(2) three originals of the executed assignment documents with notarized signatures of the assignor and proposed assignee; and

(3) one copy of any deed of trust, promissory note, or other document that is a part of the security assignment transaction.

(d) A security assignment document must include provisions stating that

(1) if the security assignee takes possession or control of the lease, permit, or concession that is subject to the security assignment, either directly or through a sub-tenant, by foreclosure or otherwise, under the security assignment,

(A) the security assignee accepts responsibility for all of the assignor's obligations under the lease, permit, or concession, including environmental liability and responsibility, commencing as of the date the security assignee succeeds to the assignor's interest under the lease, permit, or concession; and

(B) except as provided in (3) of this subsection, those obligations terminate as to the security assignee upon further transfer of the lease, permit, or concession by the security assignee;

(2) the security assignee has an affirmative duty to notify the airport in writing upon the reconveyance or release of the security interest; and

(3) unless the security assignee participates in management of the airport tenant, the security assignee does not have environmental liability or responsibility for the period pre-dating the time when it took possession or control of the lease, permit, or concession; in this paragraph, "participates in management" has the meaning given in 42 U.S.C. 9601(20)(F); the security assignee does not have environmental liability or responsibility following a subsequent transfer of its entire interest in the lease, permit, or concession unless, by its direct actions, negligence, or failure to use due care, the security assignee

(A) caused or contributed to a violation of any of the lease, permit, or concession terms relating to environmental law or hazardous substances;

(B) violated 17 AAC 42.045 or 17 AAC 42.050; or

(C) caused or contributed to actual financial damages to the airport due to a security assignee's breach of any environmental law.

(e) Exercise by a security assignee of a power of sale or further assignment under a security assignment is subject to the consent of the airport manager under 17 AAC 42.275 with respect to any purchaser or assignee and shall be conditioned upon the purchaser or assignee accepting responsibility for all of the lessee's, permitee's, or concessionaire's obligations under the lease, permit, or concession, including environmental liability and responsibility.

(f) If a lease, permit, or concession conflicts with an assignment for security purposes of an interest in the lease, permit, or concession, the terms of the lease, permit, or concession control. A provision stating this priority must be included in each assignment for security purposes, but is implied in all assignments for security purposes whether stated or not.

(g) A lessee, permittee, or concessionaire may request that the airport manager informally review a proposed assignment for security purposes before the assignment documents are executed. However, an assignment of a lease, permit, or concession for security purposes is effective only if the manager consents to the assignment in writing under 17 AAC 42.275 after receiving a written request submitted under (c) of this section.

(h) An assignment for security purposes under this section may be reassigned to another holder only upon consent of the airport manager under 17 AAC 42.275.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217; am 5/25/2017, Register 222

17 AAC 42.270 Sublease

(a) Unless the lease, permit, or concession expressly provides otherwise, a lessee, permittee, or concessionaire may not sublease all or a portion of a lease, permit, or concession premises without the prior written consent of the airport manager under 17 AAC 42.275. A sublease made contrary to the requirements of this section and 17 AAC 42.275 is void.

(b) A request for consent to a sublease must be submitted in writing and must include

(1) the name, address, and telephone contact number of the proposed sublessee;

(2) a description of property to be subleased;

(3) a description of the proposed sublessee's intended use of the premises;

(4) the expiration date of the sublease; and

(5) three originals of the executed sublease documents with notarized signatures of the sublessee and the sublessor.

(c) Except to the extent otherwise provided in the airport manager's written consent, a sublease must provide that it is subject to all of the terms and conditions of the lease, permit, or concession governing the property being subleased.

(d) A sublessee of a lease, permit, or concession may not occupy the premises before the airport manager consents to the sublease in writing.

(e) A sublease may not and does not relieve a lessee, permittee, or concessionaire of responsibility for providing the manager with evidence of insurance that meets the requirements of the lease, permit, or concession with respect to operations on the premises, including those of the sublessee. However, if a lessee, permittee, or concessionaire subleases the entire premises under a sublease to which the airport manager has given consent and the lessee, permittee, or concessionaire requires the sublessee to provide insurance coverage that meets the requirements of the lease, permit, or concession, the manager shall accept evidence of that insurance from the sublessee if the insurance meets the requirements of the lease, permit, or concession and lists the lessee, permittee, or concessionaire as an additional insured. The manager shall notify the lessee, permittee, or concessionaire if the evidence of insurance provided by a sublessee is insufficient, incorrect, or not timely received.

(f) The consent of the airport manager under 17 AAC 42.275 is required for each sublease of all or any portion of a lease, permit, or concession, including a further sublease of a sublease for which the manager's consent has already been given.

(g) Consent to a sublease by the airport manager under 17 AAC 42.275 does not relieve or otherwise alter the obligations of the lessee, permittee, or concessionaire under the lease, permit, or concession.

(h) A lessee, permittee, or concessionaire may request that the airport manager informally review a proposed sublease before the sublease documents are executed. However, a sublease of a lease, permit, or concession is effective only if the manager consents to the sublease in writing under 17 AAC 42.275 after receiving a written request submitted under (b) of this section.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.275 Approval or denial of an assignment, assignment of security interest, or sublease

(a) This section applies to approval or denial of a request for consent to an assignment under 17 AAC 42.260, an assignment for security purposes under 17 AAC 42.265, or a sublease under 17 AAC 42.270.

(b) The airport manager shall consent to a request to assign or sublease all or a portion of a lease, permit, or concession if the manager determines that

(1) the proposed assignee has demonstrated acceptable financial responsibility;

(2) the proposed assignee or sublessee has demonstrated its ability to perform under the lease, permit, or concession;

(3) denial of the request is not required under 17 AAC 42.010(g) with respect to either party to the assignment or sublease;

(4) the assignment or sublease would provide the proposed assignee or sublessee with no greater rights, privileges, or authorities than those granted in the lease, permit, or concession being assigned or subleased;

(5) the proposed assignee's or sublessee's proposed use of the premises is authorized by the lease, permit, or concession being assigned or subleased;

(6) the terms and conditions of the proposed assignment or sublease adequately recognize and protect the department's interests under the lease, permit, or concession;

(7) the assignment or sublease is in the best interest of the state;

(8) the sublease or assignment is authorized under the lease, permit, or concession; and

(9) the premises subject to the assignment or sublease, when combined with the premises subject to other leases, permits, or concessions on the airport held by the assignee or sublessee, will not

(A) exceed the proposed assignee's or sublessee's needs, including reasonable future expansion; or

(B) result in the monopolization of an aeronautical use held by the proposed assignee or sublessee on the airport.

(c) The airport manager must approve or deny a request under this section in writing. If the manager denies the request, the manager shall state the reasons for the denial in writing. The manager shall make a determination on a request for consent to assignment, assignment for security purposes, or sublease within 60 days after the assignor or sublessor has submitted a complete request.

(d) A lessee, permittee, or concessionaire may protest a denial of an assignment, assignment for security purposes, or sublease in accordance with 17 AAC 42.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217; am 5/25/2017, Register 222

17 AAC 42.280 Airport building permit

(a) A lessee, permittee, or concessionaire may not clear, excavate, core, or fill land or construct, install, remodel, remove, or demolish temporary or permanent improvements on a premises without first obtaining an airport building permit.

(b) To obtain an airport building permit, an applicant must submit to the airport manager

(1) an application for an airport building permit on an airport form;

(2) at least two sets of plans and specifications for the proposed project in sufficient detail for the airport manager to understand and evaluate the project and its scope; and

(3) a boundary survey of the premises, incorporating any boundary changes previously approved by the manager, if

(A) the premises is the subject of a land lease or of a permit or building lease that grants use and occupancy of an area of airport land; and

(B) such a survey is not already on file with the manager at the date the lessee, permittee, or concessionaire files the building permit application.

(c) When the airport manager requests, the applicant for an airport building permit shall also submit documentation showing that

(1) the applicant has the financial capability to complete the proposed project; and

(2) the plans and specifications have received any approval required by other government agencies having jurisdiction over the proposed project.

(d) The airport manager shall approve an application for an airport building permit unless

(1) the application must be denied under 17 AAC 42.010(g);

(2) the applicant does not demonstrate adequate financial resources to complete the proposed project;

(3) the project plans, specifications, and agency approvals submitted by the applicant are not complete or are otherwise inadequate to evaluate the project;

(4) the proposed project or proposed use would violate an applicable statute or regulation, the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550, an exclusive right the department has granted to another person, a covenant running with the airport land, or an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d);

(5) the proposed project or proposed use would result in a violation of an applicable statute or regulation;

(6) the proposed project or proposed use would interfere with or is otherwise incompatible with the safety, security, maintenance, or operation of the airport;

(7) the proposed project or proposed use is inconsistent with sound airport planning;

(8) the proposed project or proposed use is not consistent with the applicant's lease, permit, or concession;

(9) the project plans do not make sufficient provision for drainage, for aircraft, vehicle, and equipment parking, or for snow storage; or

(10) the proposed project or proposed use is not compatible with the building, building systems, or operation of a department-operated terminal building.

(e) The airport manager shall approve or deny an application for an airport building permit in writing. If the manager denies the application, the manager shall state the reason for the denial in writing.

(f) If a lessee, permittee, or concessionaire does not obtain an airport building permit before beginning an activity described in (a) of this section, the airport manager shall, when it is in the interest of safe, effective, or efficient operation of the airport to do so, require the lessee, permittee, or concessionaire to cease or suspend the activity and to submit the application required under this section. After review of the application, the manager shall approve or deny the application as provided under (e) of this section. The lessee, permittee, or concessionaire shall,

(1) if the manager grants a permit, comply with any requirement that the manager includes in the approval as necessary to bring the construction into compliance with the permitting standards of this section; and

(2) if the manager denies a permit, remove all unauthorized improvements and restore the premises.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.285 Airport boundary crossing permit

(a) Except as provided in an airport boundary crossing permit issued by the airport manager under this section or as provided in (n) of this section, a person shall not

(1) drive a vehicle across an airport boundary on anything other than a public road, trail, or way provided for that purpose; or

(2) taxi an aircraft across an airport boundary.

(b) An application for an airport boundary crossing permit must be submitted to the manager in writing and include

(1) a detailed description of

(A) the proposed location of the airport boundary crossing point;

(B) the proposed alignment, length, and width of the vehicle access way or aircraft taxiway to be used to provide access from the boundary to a public way or public aircraft taxiway on the airport;

(D) the activity or business the applicant intends to conduct on off-airport property in connection with the permit;

(2) any application fee established under 17 AAC 42.125;

(3) documentation showing that the applicant owns or leases the land adjoining the airport at the proposed boundary crossing; and

(4) a description, site plan, and cost estimate for any taxiway, driveway, fencing, gate, or other improvement that the applicant proposes to construct in connection with the proposed boundary crossing.

(c) Subject to (d) of this section, an application for an airport boundary crossing permit is approvable if the manager determines that granting the permit is in the best interest of the state. If an application for a boundary crossing permit is approvable, the manager shall give public notice of the application in accordance with 17 AAC 42.400. The notice must include

(1) the applicant's name;

(2) the general terms of the proposed permit, including the fees, term, authorized uses, and the proposed boundary crossing location;

(3) the airport manager's mailing address for submitting comments regarding the proposed permit; and

(4) the date by which the manager must receive public comment.

(d) The airport manager shall deny an application for an airport boundary crossing permit if the manager determines that

(1) approval must be denied under 17 AAC 42.010(g);

(2) the activity or business the applicant intends to conduct on off-airport property in connection with the permit can be accommodated on property available for lease on the airport; or

(3) granting the permit

(A) is inconsistent with sound airport planning or this chapter;

(B) will interfere with or is otherwise incompatible with the safety, security, maintenance, or effective and efficient operation of the airport;

(D) will reduce the airport's potential net revenue; or

(E) will increase the airport's net maintenance or operating costs.

(e) A decision by the airport manager to deny an application for an airport boundary crossing permit must be in writing.

(f) The airport manager may not execute an airport boundary crossing permit earlier than the day after the date on which public comment is due or later than one year after the deadline for submission of public comment. After the close of the public comment period stated in the public notice, the airport manager shall

(1) consider only comments that the manager received during the public comment period; and

(2) execute the permit, unless the manager determines in writing that the application should be denied under (d) of this section.

(g) An airport boundary crossing permit must be in writing, be signed by the applicant and the airport manager, and include

(1) the authorized uses of the crossing, including any restrictions as to use or users;

(2) a description of the location and dimensions of the crossing; and

(3) a provision for periodic adjustment of the annual permit fee established under 17 AAC 42.125.

(h) If the airport manager issues an airport boundary crossing permit in connection with an airport land lease, the manager shall set the permit term to coincide with the term of the lease, unless the manager determines that it is in the best interest of the state to set a shorter permit term. If the manager issues an airport boundary crossing permit that is not connected with an airport land lease, the manager shall set the term for the permit that is in the best interest of the state, but not to exceed 20 years.

(i) An airport boundary crossing permit is a revocable grant of permission and does not create a property interest. An airport boundary crossing permit is not a land lease that qualifies the permittee for preferential consideration for a new lease or lease term extension under AS 02.15.090(c). A permittee's revocable permission to cross the airport boundary will not be considered a compensable right under this section if the permit is later revoked or condemned.

(j) A permittee may not assign or transfer an airport boundary crossing permit unless the airport manager gives prior written consent under 17 AAC 42.275.

(k) The permittee shall pay to the department the annual fee for an airport boundary crossing permit established under 17 AAC 42.125. In addition to paying the annual permit fee, the permittee shall

(1) lease and pay rent for airport land that the permittee uses for aircraft access between the boundary crossing location and a runway, apron, taxi lane, or taxiway on the airport;

(2) lease and pay rent for airport land that the permittee uses for vehicle access between the boundary crossing location and a public road on the airport; and

(3) pay the fuel flowage fee established under 17 AAC 42.125 for each gallon of fuel the permittee delivers to an aircraft or vehicle that crosses the boundary to or from the airport if the permit authorizes the permittee to provide commercial fueling service on property outside the airport boundary.

(l) When it is in the best interest of the state to do so, the airport manager shall cancel a boundary crossing permit if the permittee is not in compliance with the permit and does not correct the noncompliance within the time specified in the permit. Cancellation of a permit by the airport manager must be in writing and state the reasons for the cancellation.

(m) An applicant or permittee may protest the airport manager's decision to deny an application or to cancel a permit in accordance with 17 AAC 42.910.

(n) To the extent an airport boundary crossing permit authorizes a customer or guest of the permittee to taxi an aircraft or drive a vehicle across the airport boundary to access the permittee's off-airport property, the customer or guest may do so without obtaining a separate boundary crossing permit under this section.

(o) As used in this section, "airport boundary" and "boundary" mean any border between land or water managed by the department as part of an airport and any other land or water.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.290 Property survey

(a) A lessee, permittee, or concessionaire shall, unless otherwise stated in the lease, permit, or concession,

(1) provide to the airport manager a boundary survey plat of each airport lot or other land area described in the lease, permit, or concession as part of the premises, incorporating any boundary changes approved by the manager, if

(A) a boundary survey is required in conjunction with the filing of a building permit under 17 AAC 42.280; or

(B) the manager approves a lessee's, permittee's, concessionaire' requested change in the premises boundary; and

(2) provide to the airport manager within 90 days after construction or installation of permanent improvements on the premises an as-built survey establishing the location and dimensions of all improvements constructed or installed on the premises.

(b) The airport manager shall specify in writing any special instructions for a survey required under (a) of this section.

(c) A premises boundary survey plat and an as-built survey required under (a) of this section must be prepared consistent with generally accepted professional standards and any special instructions the airport manager specifies under (b) of this section.

(d) The lessee, permittee, or concessionaire shall pay the cost of a survey required under this section.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.295 Rent adjustment

(a) Unless otherwise specified in a lease, permit, or concession and subject to (b) of this section, the airport manager shall adjust the rent for a lease, permit, or concession if applying the applicable rental rate in the fee schedule established under 17 AAC 42.125 results in an increase or decrease in the rent for that lease, permit, or concession.

(b) The airport manager may not adjust the rent for a lease, permit, or concession under (a) of this section more often than once in a twelve month period and may not adjust the rent for a lease, permit, or concession with a term of more than 10 years during the first five years of that term.

(c) Unless otherwise specified in a lease, permit, or concession and subject to (d) and (e) of this section, in making a rent adjustment for a premises the airport manager shall

(1) determine the new rate applicable to the lease, permit, or concession under the fee schedule established under 17 AAC 42.125;

(2) establish the effective date of the rent adjustment; the effective date may not be earlier than 30 days after the date of the manager's notice of rent adjustment under (3) of this subsection; and

(3) send to the lessee, permittee, or concessionaire a written rent adjustment notice that identifies the lease, permit, or concession that is the subject of the rent adjustment, the amount of the adjusted rent, the effective date of the adjustment, and the procedure for protesting the rent adjustment.

(d) Unless otherwise provided in the lease, permit, or concession, a rent adjustment under this section may not increase the rent applicable to a lease, permit, or concession by more than 10 percent per year, compounded for each year since the date the rent for that lease, permit, or concession was last set or adjusted, and may not result in rent greater than fair market rent.

(e) A rent adjustment under this section may not be applied to a competitively awarded lease, permit, or concession for a non-aeronautical use if the adjustment would result in a reduction of the fee or rent to below the rate established by competitive bid or proposal when the lease, permit, or concession was awarded.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.297 Rent adjustment protest

(a) If a lessee, permittee, or concessionaire believes a rent adjustment the airport manager has implemented as to the lessee, permittee, or concessionaire under 17 AAC 42.295 is not allowed by under 17 AAC 42.295 or any other law, the lessee, permittee, or concessionaire may protest the rent adjustment under this section. Except when the person protesting the rent adjustment is an agency of the federal government, the person must begin to pay the adjusted rent as of the effective date stated in the airport manager's rent adjustment notice and continue to pay the adjusted rent throughout the protest process. Failure to pay the adjusted rent on time while the protest is pending will constitute abandonment of the protest.

(b) A rent adjustment protest must be in writing and received by the airport manager within 60 days after the date the manager mails or delivers the notice of rent adjustment to the lessee, permittee, or concessionaire under 17 AAC 42.295.

(c) The protester must submit a written appraisal of fair market rent to support a claim that the adjusted rent exceeds fair market rent. The protest must include the name, address, telephone number, and qualifications of the appraiser whose appraisal of the premises the protester intends to use. The appraiser must be certified under AS 08.87 as a general real estate appraiser.

(d) The protester's appraiser must carry out the appraisal in accordance with instructions prepared by the airport manager consistent with generally accepted appraisal industry practices. The appraiser or the protester must submit the appraiser's completed written appraisal to the airport manager within 180 days after the date the airport manager mails or delivers the manager's appraisal instructions to the protester, unless the manager grants an extension of time for good cause shown by the protester.

(e) The airport manager shall review the appraisal for conformance with the appraisal instructions and either approve or not approve the appraisal. The manager shall also review and consider any claim stated in the protest that the rent adjustment is not allowed by any other provision of 17 AAC 42.295 or other law. The manager shall prepare and mail or deliver a copy of the manager's written decision to the protester.

(f) If the airport manager approves the appraisal, the fair market rent stated in the appraisal becomes the rent for the protester's lease, permit, or concession, effective on the date of the rent adjustment. If the fair market rent stated in the appraisal is less than the rent paid by the protester under the airport manager's rent adjustment under 17 AAC 42.295 or other law, the manager shall refund the amount of the overpayment.

(g) If for any reason the airport manager concludes that the adjusted rent does not conform to a provision of 17 AAC 42.295, the manager shall readjust the rent as necessary to bring it into conformity with the requirements of that section and refund to the protester the amount of any overpayment. However, if the lease, permit, or concession is for a non-aeronautical use and the original rent was established by competitive award, the rent may not be reduced below the rate established when the lease, permit, or concession was originally awarded.

(h) If the airport manager does not approve the appraisal or other aspects of the protest, the manager's written decision constitutes a denial of the protest. The decision must state the reason the manager did not approve the appraisal or other claims.

(i) A protester may appeal the airport manager's decision denying the protest in accordance with 17 AAC 42.920. The protester's obligation under (a) of this section to pay the adjusted rent continues throughout the appeal process.

History

Authority: AS 02.15.020; AS 02.15.070; AS 02.15.200 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

Article 3 Competitive Award

17 AAC 42.300 Competitive award

(a) The airport manager shall award a lease, permit, or concession by competitive means

(1) when this chapter or other applicable law requires;

(2) if the lease, permit, or concession is for an exclusive right; or

(3) when the manager determines in writing that competitive award is in the best interest of the state.

(b) A competitive award must be made by sealed bid under 17 AAC 42.303 - 17 AAC 42.330, public auction under 17 AAC 42.333 - 17 AAC 42.351, competitive proposal under 17 AAC 42.354 - 17 AAC 42.381, or innovative contracting under 17 AAC 42.384 - 17 AAC 42.387.

(c) A competitive solicitation must include a requirement that a bidder or proposer certify, under penalty of perjury, that the bidder or proposer independently arrived at and prepared the bid or proposal without collusion.

(d) If the airport manager determines in writing that a prospective bidder or proposer assisted in the drafting of the competitive solicitation or otherwise gained substantial information regarding the competitive solicitation that was not available to the public, the manager shall

(1) exclude the prospective bidder or proposer from submitting a bid or proposal in response to the competitive solicitation; or

(2) if the prospective bidder or proposer has submitted a bid or proposal in response to the competitive solicitation, reject the bid or proposal.

(e) If the airport manager awards a lease or permit for land for an aeronautical use on the basis of the highest rent to be paid by the lessee or permittee, the manager shall charge and the lessee or permittee shall pay the bid rent only during the first five years of the lease or permit term. Beginning with the sixth year of the term, the manager shall charge and the lessee or permittee shall pay the rate then applicable under 17 AAC 42.125 to similar property with an aeronautical use at the airport, subject to adjustment under 17 AAC 42.295 thereafter.

(f) Except as otherwise expressly provided in the competitive solicitation, a bidder or proposer is responsible for all costs associated with the preparation and submission of a bid or proposal.

(g) In this section, "competitive solicitation" includes an invitation to bid, public auction documents, and a request for proposals.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.303 Sealed bid

(a) If the airport manager offers a lease, permit, or concession by sealed bid, the manager shall provide public notice of the invitation to bid in accordance with 17 AAC 42.400 and provide a copy of the invitation to bid to each person who requests a copy. An invitation to bid must state the requirements and instructions for submitting a bid.

(b) The airport manager shall set a bid opening date that is no earlier than 30 days after the date that the notice is first published or posted. The notice must include

(1) a summary of the lease, permit, or concession being offered, including the length or range of term and a description of the premises;

(2) the date, time, and place for any pre-bid conference;

(3) the last date and time and the place for bid submission;

(4) the date, time, and place of public bid opening;

(5) any bidder qualifications; and

(6) instructions for obtaining a copy of the invitation to bid.

(c) The airport manager shall make the invitation to bid, including a sample copy of the lease, permit, or concession to be awarded, available to the public at least 30 days before the last date set for submitting bids. The manager may charge any applicable fee established under 17 AAC 42.125 for a copy of the invitation to bid.

(d) The airport manager shall set the minimum acceptable bid at a reasonable amount. The manager may do one or more of the following:

(1) conduct a pre-bid conference, which the manager may designate in the auction documents as either optional or mandatory;

(2) require a bid to be submitted in terms of a bonus bid or in terms of an offer of fees or rent; and

(3) set minimum qualifications to be a bidder.

(e) A bid must include all information required by the invitation to bid, conform to the requirements contained in the invitation to bid, and be submitted in writing in a sealed package delivered to the designated place by the specified date and time.

(f) A bid must include a statement signed by the bidder that the bidder is not

(1) in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or this chapter;

(2) in violation of a material term of a contract with the department;

(3) in arrears on a rental payment or other material financial obligation to the department; or

(4) in default of a material obligation under any lease, permit, or concession that the department has issued for any property or activity at any airport the department owns, operates, or otherwise controls.

(g) A bid becomes the property of the department upon receipt. The name of the bidder and the contents of the bid are confidential until the bid is opened at the public bid opening, at which time the information in the bid becomes public, except for information that is not subject to disclosure under applicable law or to the extent the invitation to bid allows a bidder to designate certain information as proprietary.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161

17 AAC 42.306 Bid deposit

(a) The airport manager may require that each bidder submit with the bidder's sealed bid a deposit in an amount and form the manager determines appropriate to ensure that the successful bidder will execute the lease, permit, or concession. The deposit amount may not exceed the manager's estimate of one year's rents and fees payable under the lease, permit, or concession to be awarded. The manager shall specify in the invitation to bid the deposit amount and form and how the deposit will be applied.

(b) If the successful bidder does not within the required time sign the lease, permit, concession, or any other required document or perform any other requirement contained in the invitation to bid, the bidder forfeits the deposit as liquidated damages for the lost benefit to and related additional costs incurred by the department. However, the bidder does not forfeit the deposit if the airport manager finds that the bidder's failure is excused by extraordinary circumstances beyond the bidder's control. After the manager has awarded and executed the lease, permit, or concession, the manager shall return the deposit of each unsuccessful bidder. The manager shall return all bid deposits if the manager rejects all bids or cancels the invitation to bid.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.309 Bid withdrawal; sealed bids

(a) A bidder may withdraw the bidder's sealed bid only by written request delivered to the airport manager at the designated place for submitting bids and before the last time and date set for bid submission. A request to withdraw a bid received by the manager after the last date and time set for bid submission is late and may not be accepted unless the delay was due to an error of the department.

(b) A bidder may submit a new bid after withdrawal of a bid if the new bid is received at the designated place by the last date and time specified in the invitation to bid or in an addendum to the invitation.

(c) The airport manager may not open any bid before the last date and time set for public bid opening under 17 AAC 42.303(b)(4).

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.312 Cancellation or postponement of bid opening

The airport manager shall cancel or postpone a bid opening if the manager determines in writing that cancellation or postponement is in the best interest of the state. The manager shall give reasonable notice of the cancellation or postponement to all persons of record to whom the manager provided a copy of the invitation to bid.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.315 Bid opening; notice of intent to award

(a) The opening of sealed bids is open to the public. At the opening of sealed bids, the airport manager shall open each bid, announce the name of the bidder and the amount of the bid, and identify the bid that appears to be the highest among the bids received.

(b) Before issuing a notice of intent to award, the airport manager shall

(1) review each bid to determine its conformity with the bid requirements and instructions;

(2) determine the high bidder among the qualified bidders who submitted responsive bids; and

(3) determine whether the high bidder identified under (2) of this subsection is responsible and, if not, determine which qualified bidder submitted the highest responsive bid that was submitted by a responsible bidder.

(c) Within five days after receiving the airport manager's written request, a bidder shall provide any additional information that the manager requests for evaluation of the bidder's responsibility.

(d) Subject to (c) of this section and to the provisions of 17 AAC 42.327, the airport manager shall issue a notice of intent to award the lease, permit, or concession to the highest bidder who is qualified, responsive, and responsible. The manager shall mail or deliver the notice to all bidders at least seven days before awarding the lease, permit, or concession. The notice of intent to award must include the results of the bid opening, the identity of the bidder to whom the manager intends to award the lease, permit, or concession, and instructions for filing a protest.

(e) If the airport manager receives only one responsive bid from a qualified and responsible bidder, the manager shall either award the lease, permit, or concession or, if the manager determines that the bid is not in the best interest of the state, reject the bid under the provisions of 17 AAC 42.327.

(f) When making an award, the airport manager shall mail or deliver to the successful bidder for signature any lease, permit, concession, or other required document that was not required to be signed before the bid was submitted. The successful bidder must sign and return each required document and perform any other requirement of the invitation to bid within the time set by the invitation to bid.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.318 Nonresponsive bids

The airport manager shall reject a bid as nonresponsive if the bidder submits more than one bid under the same or different names or if the bid

(1) is submitted late or to the wrong place, unless the manager determines that the bid was received before the last date and time set for bid submission and that the delay or incorrect place of bid submission was due to an error of the department;

(2) does not include the required bid deposit;

(3) is not validly signed;

(4) is illegible;

(5) is not submitted in a sealed package;

(6) fails to acknowledge all material addenda the manager has issued;

(7) offers an alternative compensation formula that the invitation to bid does not allow;

(8) does not conform in all material respects to the invitation to bid; or

(9) is conditional.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.321 Nonresponsible bidders; sealed bids

After opening sealed bids, the airport manager shall reject a bid if the manager determines in writing that the bidder is not responsible under 17 AAC 42.390 or because the bidder

(1) is in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or this chapter;

(2) is in violation of a material term of a contract with the department;

(3) is in arrears on a rental payment or other material financial obligation to the department;

(4) is in default of a material obligation under any lease, permit, or concession that the department has issued for any property or activity at any airport that the department owns, operates, or otherwise controls;

(5) fails timely to establish financial responsibility acceptable to the manager;

(6) fails timely to meet the bidder qualification requirements; or

(7) fails timely to provide sufficient information to determine the responsibility of the bidder.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161

17 AAC 42.324 Bid errors

After the opening of sealed bids but before award, a bidder may correct minor informalities, but may not correct any other errors discovered in a bid.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.327 Rejection of all bids; sealed bids

At any time before or after issuing a notice of intent to award, the airport manager shall reject all sealed bids if the manager determines in writing that rejection is in the best interest of the state. If the manager rejects all bids, the manager shall give to all bidders written notice stating the reasons for the rejection.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.330 Cancellation of award; sealed bids

If the successful bidder does not, within the time set by the invitation to bid or as extended by the airport manager for good cause, sign and return the lease, permit, concession, or other required document or perform any other requirement of the invitation to bid, the airport manager shall cancel the award. The cancellation must be in writing and state the reasons for the cancellation. If the manager cancels an award, the manager shall mail or deliver to all bidders a notice of intent to award to the next highest bidder who is qualified, responsible, and responsive or the manager shall reject all bids under 17 AAC 42.327.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.333 Public auction

(a) If the airport manager offers a lease, permit, or concession by public auction, the manager shall give public notice of the auction in accordance with 17 AAC 42.400 and provide a copy of the auction documents to each person who requests a copy. The auction documents must state the requirements and instructions for participating in the auction.

(b) The airport manager shall set the auction date no earlier than 30 days after the date that the notice is first published or posted. The notice must include

(1) a summary of the lease, permit, or concession being offered, including the length or range of term and a description of the premises;

(2) the date, time, and place for any pre-auction conference;

(3) the date, time, and place for bidder registration;

(4) the date, time, and place for the auction;

(5) any bidder qualifications; and

(6) instructions for obtaining a copy of the auction documents.

(c) The airport manager shall make the auction documents, including a sample copy of the lease, permit, or concession to be awarded, available to the public at least 30 days before the time set for the auction. The manager may charge any applicable fee established under 17 AAC 42.125 for a copy of the auction documents.

(d) The airport manager shall set the minimum acceptable bid at a reasonable amount and may do one or more of the following:

(1) conduct a pre-auction conference, which the manager may designate in the invitation to bid as either optional or mandatory;

(2) require a bid to be submitted in terms of a bonus bid or in terms of an offer of fees or rent; and

(3) set minimum qualifications to be a bidder.

(e) The auction must be conducted in a reasonable manner that the airport manager determines to be in the best interest of the state. If the manager has set minimum qualifications to be a bidder, a person who is not qualified may not bid.

(f) A bidder must register at the auction and must submit a statement signed by the bidder that the bidder is not

(1) in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or this chapter;

(2) in violation of a material term of a contract with the department;

(3) in arrears on a rental payment or other material financial obligation to the department; or

(4) in default of a material obligation under any lease, permit, or concession the department has issued for any property or activity at any airport that the department owns, operates, or otherwise controls.

(g) The airport manager shall prohibit a person from bidding at the auction if, at the time of the auction, the person does not present the information required by the auction documents. The manager shall require written proof that a representative of a prospective bidder is authorized to bid and execute all required documents on behalf of, and as a result to bind, any corporation, partnership, joint venture, or person other than the representative. The manager may prohibit a bidding agent from representing more than one person, including the agent.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161

17 AAC 42.336 Registration deposit

(a) The airport manager may require that a person may register to bid at an auction only after submitting at the bidder registration a registration deposit in an amount and form the manager determines appropriate to ensure that the successful bidder executes the lease, permit, or concession. The deposit amount may not exceed the manager's estimate of one year's rents and fees payable under the lease, permit, or concession to be awarded. The manager shall specify in the auction documents the deposit amount and form and how the deposit will be applied.

(b) If the successful bidder does not within the required time sign the lease, permit, concession, or any other required document or perform any other requirement of the auction documents, the bidder forfeits the deposit as liquidated damages for the lost benefit to and related additional costs incurred by the department. However, the bidder does not forfeit the deposit if the airport manager finds that the bidder's failure is excused by extraordinary circumstances beyond the bidder's control. After the lease, permit, or concession has been awarded and executed, the manager shall return the deposit of any unsuccessful bidder. The manager shall return all deposits if the manager rejects all bids or cancels the auction.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.339 Cancellation or postponement of auction

The airport manager shall cancel or postpone an auction if the manager determines in writing that cancellation or postponement is in the best interest of the state. The manager shall give reasonable notice of the cancellation or postponement to all persons of record to whom the manager provided a copy of the auction documents.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.342 Notice of intent to award; auctions

(a) The airport manager shall identify and announce the highest bid and bidder at the auction. Subject to (c) of this section and to the provisions of 17 AAC 42.345, the identification of the highest bidder constitutes the manager's notice of intent to award the lease, permit, or concession to that bidder. The highest bidder must sign the lease, permit, or concession at the auction.

(b) Before the airport manager signs the lease, permit, concession, or other related document, the manager shall determine whether the highest bidder has fulfilled all the auction requirements and is responsible. The manager may not sign the lease, permit, or concession earlier than seven days after the date of the auction.

(c) If at an auction the airport manager receives only one bid from a qualified and responsible bidder, the manager shall either award the lease, permit, or concession to that bidder or, if the manager determines that the bid is not in the best interest of the state, reject the bid under 17 AAC 42.345.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.345 Rejection of all bids; auctions

At any time before or after announcing the highest bid and bidder at an auction, the airport manager shall reject all auction bids if the manager determines that rejection is in the best interest of the state. Within ten days after rejecting all bids under this section, the manager shall state the reasons for that decision in writing and mail or deliver a copy of that writing to all bidders.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.348 Cancellation of award; auctions

If the highest bidder at an auction does not sign the lease, permit, concession, or any other required document at the auction or perform any other auction requirement, the airport manager shall cancel the award. The cancellation must be in writing and state the reasons for the cancellation. If the manager cancels an award, the manager shall mail or deliver to all bidders a notice of intent to award the bid to the next highest bidder who is qualified, responsible, and responsive or the manager shall reject all bids under 17 AAC 42.345.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.351 Nonresponsible bidder; auctions

The airport manager shall reject a bid made at an auction if the manager determines in writing that the bidder is not responsible under 17 AAC 42.390 or because the bidder

(1) is in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or this chapter;

(2) is in violation of a material term of a contract with the department;

(3) is in arrears on a rental payment or other material financial obligation to the department;

(4) is in default of a material obligation under any lease, permit, or concession that the department has issued for any property or activity at any airport the department owns, operates, or otherwise controls;

(5) fails to establish financial responsibility acceptable to the manager; or

(6) fails to meet the auction qualification requirements.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161

17 AAC 42.354 Competitive proposal

(a) If the airport manager offers a lease, permit, or concession by competitive proposal, the manager shall give public notice of the request for proposals in accordance with 17 AAC 42.400 and provide a copy of the request for proposals to each person who requests a copy. The request for proposals must state the requirements and instructions for submitting a proposal.

(b) The airport manager shall set a last date and time for submission of proposals no earlier than 30 days after the date the notice is first published or posted. The notice must include

(1) a summary of the lease, permit, or concession being offered, including the length or range of term and a description of the premises;

(2) the date, time, and place for any pre-proposal conference;

(3) the last date and time and the place for submission of proposals;

(4) any proposer qualifications; and

(5) instructions for obtaining a copy of the request for proposals.

(c) The airport manager shall make the request for proposals, including a sample copy of the lease, permit, or concession to be awarded, available to the public at least 30 days before the last date and time set for submission of proposals. The request for proposals must include the weighting value or numerical system to be applied to each evaluation factor. The manager may charge any applicable fee established under 17 AAC 42.125 for a copy of the request for proposals.

(d) In a request for proposals, the airport manager

(1) may provide for a pre-proposal conference, which the manager may designate in the request for proposals as either optional or mandatory;

(2) may set minimum qualifications to be a successful proposer; and

(3) may require that each qualified proposer reasonably susceptible of award make an oral presentation to or participate in an interview with the proposal evaluation committee.

(e) A proposal must include all information required by the request for proposals, conform to the requirements contained in the request for proposals, and be submitted in writing in a sealed package to the designated place by the specified date and time.

(f) A proposal must include a statement signed by the proposer that the proposer is not

(1) in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or this chapter;

(2) in violation of a material term of a contract with the department;

(3) in arrears on a rental payment or other material financial obligation to the department; or

(4) in default of a material obligation under any lease, permit, or concession that the department has issued for any property or activity at any airport that the department owns, operates, or otherwise controls.

(g) A proposal becomes the property of the department upon receipt. A proposal, the name of each proposer, and the number of proposals received are confidential until review of all proposals is complete and the notice of intent to award is issued. When a notice of intent to award is issued, the information in each proposal becomes public, except for information that is not subject to disclosure under applicable law or to the extent the request, for proposals allows a proposer to designate certain information as proprietary and for such information to be held confidential by the department.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161

17 AAC 42.357 Proposal deposit

(a) The airport manager may require that each proposer submit with the proposer's proposal a deposit in an amount and form that the manager determines appropriate to ensure that the successful proposer executes the lease, permit, or concession. The deposit amount may not exceed the manager's estimate of one year's rents and fees payable under the lease, permit, or concession to be awarded. The manager shall specify in the request for proposals the deposit amount and form and how the deposit will be applied.

(b) If the successful proposer does not within the required time sign the lease, permit, concession, or any other required document or perform any other requirement of the request for proposals, the proposer forfeits the deposit as liquidated damages for the lost benefit to and related additional costs incurred by the department. However, the proposer does not forfeit the deposit if the airport manager finds that the proposer's failure is excused by extraordinary circumstances beyond the proposer's control. After the manager has awarded and executed the lease, permit, concession, and any other required document, the manager shall return the deposit of each unsuccessful proposer. The manager shall return all proposal deposits if the manager rejects all proposals or cancels the request for proposals.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.360 Proposal withdrawals

(a) A proposer may withdraw the proposer's proposal only by a written request delivered to the airport manager at the address for submitting proposals and before the last date and time set for submitting proposals. A request to withdraw a proposal received after the last date and time set for proposal submission is late and may not be accepted unless the delay was due to an error of the department.

(b) A proposer may submit a new proposal after withdrawal of a proposal if the new proposal is received at the designated place by the last date and time specified in the request for proposals.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.363 Cancellation or postponement of request for proposals

The airport manager shall cancel or postpone a request for proposals if the manager determines in writing that cancellation or postponement is in the best interest of the state. The manager shall give reasonable notice of the cancellation or postponement to all persons of record to whom the manager provided a copy of the request for proposals.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.366 Evaluation of proposals

(a) The airport manager shall appoint a proposal evaluation committee with a minimum of three members. The airport manager shall appoint one committee member to chair the committee. The committee shall evaluate proposals received in response to a request for proposals. The evaluation must be based on only the evaluation factors set out in the request for proposals. Evaluation factors not specified in the request for proposals may not be considered.

(b) Each committee member shall independently review and evaluate each proposal and document any comments and preliminary scores in writing. A committee member shall not consult with any other committee member until all preliminary evaluations by the committee members are complete. Subject to (c) and (e) of this section, the committee shall then meet to discuss the evaluations and to rank the proposals. A committee member may adjust that member's evaluation of a proposal as a result of further information received under (c) of this section or discussions at the committee meeting.

(c) The committee shall hear any presentations required by the request for proposals and conduct any required oral interviews. The committee may request or offer an opportunity for presentations, oral interviews, clarification of proposals, submission of additional responsibility information, or refined or revised proposals. Any opportunity to provide additional information under this subsection must be offered to all proposers who are reasonably susceptible of award. The committee may limit discussions with or any information requests to proposers under this subsection to specific portions of the request for proposals.

(d) Within five days after receiving the committee's written request, a proposer shall provide additional information for evaluation of the proposer's responsibility.

(e) If the committee conducts oral interviews or requests clarification of proposals, additional financial responsibility information, or refined or revised proposals, the committee shall conduct final evaluations as described under (b) of this section after the date and time set for interviews or submission of additional information or refined proposals.

(f) If the committee finds that a need for substantial clarification or material change in the request for proposals exists, the committee may recommend to the manager that the request be amended to incorporate the clarification or change. If the manager determines the clarification or change would not be materially inconsistent with the notice information provided under 17 AAC 42.354(b)(1) or (4) and is likely to result in proposals that are more advantageous to the state, the manager may amend the request for proposals. The manager shall set a last date and time for response to the amended request and provide notice of the amendment and the date and time for response to all persons of record to whom the manager provided a copy of the request for proposals. A response to an amended request for proposals shall be evaluated in accordance with the applicable provisions of this section.

(g) The committee shall provide the airport manager with a written summary of the committee's findings, ranking all proposals identified as within a range acceptable for award, together with a recommendation for award based upon the top ranked proposal from a qualified, responsible proposer. If the committee considers no proposal to be within a range acceptable for award or if the proposal upon which the committee bases its recommendation for award is the only proposal received that the committee found to be responsive within that range and from a qualified proposer, the committee shall so state in the committee's report to the manager.

(h) Upon review of the committee's findings, the manager shall

(1) issue a notice of intent to award under 17 AAC 42.375 as the committee recommends;

(2) enter into negotiations with the recommended proposer to determine contract terms consistent with the request for proposals and favorable to the state, if permitted under the request for proposals; or

(3) reject all proposals under 17 AAC 42.378.

(i) If the manager enters into negotiations under (h) of this section, any changes in the recommended proposer's proposal must be reasonable and must not have the effect of changing the ranking of the proposal under consideration. If the negotiations with the recommended proposer are successful, the manager shall issue a notice of intent to award to the recommended proposer under 17 AAC 42.375. If, however, the manager determines in writing that the recommended proposer has failed to negotiate in good faith, the manager may terminate the negotiations and begin negotiations with the next-ranked proposer that the evaluation committee found to be within a range acceptable for award.

(j) If the airport manager begins negotiations with the next-ranked proposer under (i) of this section, the manager shall negotiate with that proposer and, if the proposer fails to negotiate in good faith, with successively lower ranked proposers within the acceptable range determined by the evaluation committee. The manager shall conclude negotiations when the manager comes to agreement on contract terms consistent with the request for proposals and favorable to the state with the highest ranked proposer possible. Subject to a responsibility determination by the manager under 17 AAC 42.372(b), the manager shall issue under 17 AAC 42.375 a notice of intent to award the contract as negotiated.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.369 Nonresponsive proposals

(a) Unless the request for proposals states that alternate proposals are acceptable, the committee chair appointed under 17 AAC 42.366 shall consider a proposal as not responsive if the proposer submits more than one proposal under the same or different names.

(b) The evaluation committee need not evaluate a proposal that the committee chair finds to be nonresponsive because the proposal

(1) is submitted late or to the wrong place, unless the committee chair determines that the delay or incorrect place of proposal submission was due to an error of the department;

(2) does not include the required proposal deposit;

(3) is not validly signed;

(4) is illegible;

(5) is not submitted in a sealed package;

(6) fails to acknowledge all material addenda that the manager has issued;

(7) offers an alternative compensation formula that the request for proposals does not allow;

(8) does not conform in all material respects to the request for proposals; or

(9) is conditional.

(c) In the interest of competition, increased revenues to the state, or high quality service to the public or as otherwise in the interest of the state, the committee may, before performing proposal evaluations under 17 AAC 42.366, give all proposers an equal opportunity to cure otherwise nonresponsive proposals.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.372 Nonresponsible proposers

(a) The evaluation committee appointed under 17 AAC 42.366 shall not recommend award to a proposer if the committee determines in writing that the proposer is not responsible under 17 AAC 42.390 or because the proposer

(1) is in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or this chapter;

(2) is in violation of a material term of a contract with the department;

(3) is in arrears on a rental payment or other material financial obligation to the department;

(5) fails timely to establish financial responsibility acceptable to the manager;

(6) fails timely to meet the proposer qualification requirements;

(7) fails timely to provide sufficient information to determine the responsibility of the proposer; or

(8) fails timely to make a required presentation, attend an interview, or submit a refined or revised proposal or other information requested by the proposal evaluation committee.

(b) The airport manager shall consider the responsibility of any proposer not recommended by the evaluation committee but considered for award under 17 AAC 42.366(i) and (j) or 17 AAC 42.381. The manager may not award to such a proposer if the manager determines in writing that the proposer is not responsible based on the considerations set out in (a) of this section.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161

17 AAC 42.375 Notice of intent to award; proposals

(a) Subject to 17 AAC 42.378, the airport manager shall issue a written notice of intent to award the lease, permit, or concession to the successful proposer. The manager shall mail or deliver the notice to all proposers at least seven days before awarding the lease, permit, or concession. The notice must include the identity of the successful proposer, the rankings of all proposals received, and instructions for filing a protest.

(b) The airport manager shall mail or deliver the lease, permit, concession, or other document required under the request for proposals to the successful proposer. The successful proposer must sign and return the lease, permit, or concession and perform any other requirement of the request for proposals within the time set by the request for proposals.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.378 Rejection of all proposals

At any time before or after issuing a notice of intent to award, the airport manager shall reject all proposals if the manager determines in writing that rejection is in the best interest of the state. If the manager rejects all proposals, the manager shall give to all proposers written notice stating the reasons for the rejection.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.381 Cancellation of award; proposals

If the successful proposer does not sign the lease, permit, concession, or any other required document or perform any other requirement of the request for proposals within the time set by the request for proposals or as extended by the manager for good cause, the airport manager shall cancel the award. The cancellation must be in writing and state the reasons for the cancellation. If the manager cancels an award, the manager shall, following any negotiations process under 17 AAC 42.366 (i) and (j) and to subject to a nonresponsibility determination under 17 AAC 42.372(b), mail or deliver to all proposers a notice of intent to award the agreement to the proposer of the next best proposal, as ranked by the proposal evaluation committee, or reject all proposals under 17 AAC 42.378.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.384 Innovative contracting

(a) The airport manager may submit to the commissioner a written request to use an innovative contracting procedure for award of a lease, permit, or concession. The request must include a description of the proposed procedure and an explanation of how that procedure will achieve the best service or revenue or why the procedure is advantageous to the state due to new or unique airport needs or new technologies.

(b) If the commissioner approves a request under (a) of this section, the airport manager shall submit a detailed contracting plan to the Department of Law for review and approval. The plan shall, at a minimum, address the method of contracting, scope, method of award, protest procedures, and proposed contract provisions. After the Department of Law approves a contracting plan, the manager shall provide notice to the public of the contracting procedure in accordance with 17 AAC 42.400.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.387 Record of innovative contracting

An airport manager who uses innovative contracting shall maintain the airport's files relating to the use of innovative contracting open for public inspection, subject to appropriate safeguards for proprietary or confidential information not subject to disclosure under applicable law. These files must contain, as applicable,

(1) a copy of any lease, permit, or concession awarded using an innovative contracting procedure;

(2) the written determination of the commissioner approving use of the innovative contracting procedure;

(3) the contracting plan as approved by the Department of Law;

(4) the record of the notice given under 17 AAC 42.400; and

(5) the record of respondents to any solicitation.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.390 Standards of responsibility

(a) In determining whether a bidder or proposer under 17 AAC 42.300 - 17 AAC 42.399 is responsible, the airport manager or evaluation committee, as applicable, shall consider such relevant factors as the bidder's or proposer's

(1) record of operational and contractual performance;

(2) legal qualification to contract with the state;

(3) financial capacity and access to financing relative to the obligations of the lease, permit, or concession; and

(4) possession of, plan to obtain, or documented commitment from a third person to provide, as applicable, equipment, expertise, personnel, franchise rights, or other items necessary to fulfill the obligations of the lease, permit, or concession.

(b) A finding of responsibility under this section or under another provision of 17 AAC 42.300 - 17 AAC 42.399, as applicable, does not relieve a bidder or proposer from any requirement for performance under the lease, permit, or concession.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.393 Bid, auction, or proposal protest

A bidder or proposer under 17 AAC 42.300 - 17 AAC 42.399, as applicable, may protest the airport manager's intent to award a lease, permit, or concession offered by bid, auction, proposal, or innovative contracting method or the manager's rejection of a bid or proposal in accordance with 17 AAC 42.910.

History

Authority: AS 02.15.020; AS 02.15.070; AS 02.15.200 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.399 Definitions

In 17 AAC 42.300 - 17 AAC 42.399, unless the context otherwise requires,

(1) "innovative contracting" or "innovative contracting procedure" means a competitive procedure for awarding a lease, permit, or concession other than by sealed bid under 17 AAC 42.303 - 17 AAC 42.330, public auction under 17 AAC 42.333 - 17 AAC 42.351, or competitive proposal under 17 AAC 42.354 - 17 AAC 42.381;

(2) "minor informalities" means matters of form rather than substance, errors the intent of which is evident from the bid document, or insignificant matters that have a negligible effect on price, quantity, quality, delivery, or contractual conditions and that can be waived or corrected without unfair prejudice to other bidders;

(3) "nonresponsive" means a bid or proposal that does not conform in all material respects to the invitation to bid, auction documents, or request for proposals;

(4) "responsive bidder" or "responsive proposer" mean a bidder or proposer who has submitted a bid or proposal that conforms in all material respects to the invitation to bid, auction documents, or request for proposals.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

Article 4 Public Notice; Lease, Permit, and Concession Terms and Cancellation

17 AAC 42.400 Public notice

(a) Except as provided in (b) or (d) of this section for a permit with a term of 120 days or less, when this chapter requires public notice the airport manager shall give the public at least 30 days notice by

(1) publishing the notice once in the Alaska Online Public Notice System; and

(2) posting the notice for at least three consecutive weeks in at least one public place on or near the airport.

(b) When the airport manager gives notice of a permit under this chapter for use of airport property with a term of 120 days or less, the manager shall post the notice for seven days in a public place on or near the airport.

(c) The applicable notice period required under this section begins on the first day that the notice is either published or posted, whichever occurs earlier.

(d) Public notice under this section is not required if the application for the lease, permit, concession, material amendment, or other interest is

(1) from a state agency for a use that the airport manager finds to be in the best interest of the airport;

(2) for a business activity permit under 17 AAC 42.105, a commercial passenger vehicle permit under 17 AAC 42.095, a vehicle rental business permit under 17 AAC 42.100, an aircraft tiedown permit under 17 AAC 42.500 - 17 AAC 42.599 or 17 AAC 42.600 - 17 AAC 42.699, or a transient aircraft parking permit under 17 AAC 42.035;

(3) for a right of way for a road or utility, including FAA utilities, that will serve the airport or airport tenants;

(4) for an agreement entered into under 17 AAC 42.040 and the applicant does not request a lease of department-operated terminal space; or

(5) for a permit for use of airport property for 30 days or less.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.200
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.410 General terms of a lease, permit, or concession

(a) The airport manager shall include provisions in a lease, permit, or concession that

(1) identify the obligations and privileges of the parties;

(2) produce fair and reasonable revenue for the state;

(3) require compliance with applicable law; and

(4) are in the best interest of the state.

(b) In addition to the other applicable requirements of this chapter, the airport manager shall include provisions in a lease, permit, or concession, when applicable, that

(1) require the lessee to assume full control and sole responsibility for the activities of the lessee, the lessee's personnel, employees, and agents on the airport, and the lessee's contractors, guests, and sublessees on the premises;

(2) require the lessee to coordinate the lessee's activities on the airport with the manager and to abide by the manager's decisions and directives regarding snow removal, maintenance, and general use of the airport by the lessee and the lessee's personnel, employees, agents, contractors, and guests;

(3) require the lessee to perform all operations authorized by the lease in a manner that ensures the safety of people and the airport, the protection of public health and the environment, and the safety and integrity of the premises;

(4) require the lessee to immediately notify the manager of any condition, problem, malfunction, or other occurrence that threatens the safety of people or the airport, harm to public health or the environment, or the safety or integrity of the premises;

(5) reserve to the lessor the right of ingress to and egress from the premises, including buildings, and the right to enter any part of the premises for the purpose of inspection at any reasonable time, subject only to the lessor's best efforts, except in the case of an emergency, to coordinate its inspection with the lessee to minimize interference with the lessee's activities on the premises;

(6) reserve to the lessor the right to grant to others any right or privilege on the airport that the lessor has not specifically and exclusively granted to the lessee;

(7) reserve to the lessor the right to grant to third parties or reserve to the lessor easements or rights of way through, on, above, or under the premises, so long as the easement or right of way does not unreasonably interfere with the lessee's use of the premises;

(8) unless otherwise provided in the lease, in the best interest of the state prohibit the following activities:

(A) establishment or maintenance of any kind of living quarters on the premises, except for, as approved by the lessor, accommodations for the customers and employees of a hotel or motel authorized under the lease and temporary overnight accommodations for a member of an air carrier crew or a member of on-call air ambulance or air rescue crew;

(B) if not visually screened from adjacent properties, the outside storage on the premises of junk, salvage aircraft or vehicle parts, nonoperational equipment, unused or damaged equipment or material, or solid waste or debris; and

(C) stripping, wasting, or removing from the premises any soil, gravel, or other state-owned material unless the lessor approves in writing;

(9) prohibit the construction or placement of a building or other permanent structure within 20 feet of a boundary line of a premises, unless it is a common boundary line between contiguous parcels of land leased by the same lessee or the manager otherwise approves a lesser distance;

(10) require the lessee to keep the premises and all improvements on the premises neat and presentable at the lessee's sole expense;

(11) require the lessee to provide for all utilities, maintenance, and services on the premises necessary for the lessee's use of the premises;

(12) require the lessee to keep the premises free of all liens other than by assignment for security purposes as approved in writing by lessor and to pay any cost for labor and materials arising out of any construction or improvements by the lessee on the premises;

(13) require the lessee to provide vehicle, equipment, and aircraft parking space, snow storage, and drainage on the premises adequate for the lessee's activities on the premises;

(14) require the lessee to provide to the lessor such documentation as the lessor may reasonably require to establish the lessee's continuing qualification for a lease granted under this chapter;

(15) require the lessee, at the lessee's own expense, to obtain, maintain, and keep in force throughout the term of the lease, adequate and appropriate liability insurance coverage protecting both the lessor and lessee on an occurrence policy form covering all operations by or on behalf of the lessee with combined single limits not less than $1,000,000 each occurrence or such higher limits as the lessor reasonably finds necessary to provide adequate and appropriate coverage for the risks posed by the lessee's use of the premises and activities at the airport; the lessee shall deposit with the lessor a copy or copies of such insurance policy or policies or a certificate of such insurance coverage, together with appropriate evidence that the premiums have been paid; all such lessee's insurance shall name the lessor as an additional insured or contain a waiver of subrogation endorsement in favor of the lessor and shall provide that the insurer must notify the lessor at least 30 days before any termination, cancellation, or material change in such insurance coverage; the requirement for insurance coverage does not relieve the lessee of the lessee's other obligations under the agreement; if specific limits and coverages are shown, those limits and coverages are the minimum acceptable under this section and may not limit the lessee's responsibility to indemnify the lessor;

(16) require the lessee to peaceably and quietly vacate the premises and return possession to the lessor at the expiration, cancellation, or termination of a lease;

(17) require the lessee to discontinue the use of any machine or device that interferes with any government operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated;

(18) provide that the lessor will not unreasonably withhold any approval required by the lease;

(19) provide that the lessor will, after notice and an opportunity for the lessee to cure, cancel the lease and recover possession of the premises if the lessee does not perform or comply with a material lease requirement;

(20) provide that, if the lessee holds over and remains in possession of the premises after the expiration of the lease,

(A) the holding over will not operate as an extension of the term of the lease, but, with the consent of the lessor, creates only a month-to-month tenancy, regardless of any rent payments that the lessor accepts;

(B) the lessee's obligations for performance under the lease will continue during the month-to-month tenancy; and

(C) either party may terminate the month-to-month tenancy at any time by giving the other party at least 30 days' prior written notice;

(21) require the lessee, after the expiration, cancellation, or termination of the lease and subject to any duty the lessor may have to mitigate damages, to continue to pay rent to the lessor and to abide by all other lease obligations, including maintenance of the premises and provision of evidence of insurance coverage for the premises, through the date on which the lessee relinquishes possession of and completely vacates the premises, having, at the lessee's expense and without cost to the lessor, as provided under 17 AAC 42.245 and 17 AAC 42.250, as applicable,

(A) remediated, consistent with applicable law, any environmental contamination the lessee caused, materially contributed to, or assumed under an assignment;

(B) removed or otherwise disposed of any lessee-owned permanent or removable improvements and personal property in accordance with 17 AAC 42.245 or 17 AAC 42.250, as applicable; and

(22) provide that title to property abandoned by the lessee on the premises automatically vests in the state unless the property is contaminated with any hazardous substance or rejected by the department by a written notice to the lessee or the property's automatic vesting would violate a statute or regulation;

(23) provide that the lease is subject to all applicable requirements of state statutes and regulations in effect during the term of the lease, including those relating to the leasing of lands and facilities and the granting of privileges, at state airports;

(24) require the lessee to comply with applicable requirements imposed on the airport by federal law to ensure that eligibility for federal money or for participation in a federal aviation program by the airport is not jeopardized and with all applicable orders issued by the airport manager;

(25) require the lessee to pay, within 30 days of the billing date, any cost or damage that the department incurs due to any failure of the lessee to comply with a provision of the lease, including a cost to correct a violation under 17 AAC 42.430(d); in this paragraph, "cost" includes legal and administrative costs;

(26) assure the lessee quiet enjoyment of the lessee's premises;

(27) prohibit installation of a drinking water well on the premises where local water utility service is available; and

(28) require the lessee to indemnify the lessor and its agents and employees against a loss or obligation arising directly or indirectly from the lessee's use or occupancy of the premises, exercise of the privileges granted in the lease, or operations and activity on the airport in the following manner:

(A) the lessee shall indemnify, hold harmless, and defend the lessor and its agents and employees to the full extent of the loss or obligation;

(B) notwithstanding (A) of this paragraph, if more than 60 percent of the legal cause of the loss or obligation is due to the lessor's negligence or willful misconduct, the loss or obligation is to be apportioned between the lessee and the lessor according to comparative fault; the lessee and the lessor are to seek in good faith to agree to an apportionment of the loss or obligation without or independent of litigation;

(c) This section applies to all leases, permits, and concessions granted by the lessor under this chapter, except a first amendment activity permit issued under 17 AAC 42.800 - 17 AAC 42.840.

(d) All leases, permits, and concessions are granted without specific warranties, express or implied, concerning the title or condition of the property, including survey, soils, wetlands, access, or suitability for any use, including those uses authorized by the lease, permit, or concession.

(e) In this section, unless the context otherwise requires,

(1) "lease" includes "permit" and "concession";

(2) "lessee" includes "permittee" and "concessionaire";

(3) "lessor" means the department as the grantor in permits and concessions, as well as leases;

(4) "loss or obligation" includes a loss, fine, or penalty sustained by or imposed on the lessor and any claim, demand, action, judgment, or liability for injury or damages sustained by a person or property.

History

Authority: AS 02.15.020; AS 02.15.070; AS 02.15.200 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.420 Terms for a lease, permit, or concession for operations that require certified activity reports

(a) In addition to the other applicable requirements of this chapter, the airport manager shall include, as applicable, in a lease, permit, or concession a means for collection of data necessary for receipt of certain federal money, for participation in a federal aviation program, for determination of fees payable under the lease or the fee schedule established under 17 AAC 42.125, or for airport planning and operational management. The lease shall require the lessee to submit periodically a certified activity report stating the lessee's gross sales, fuel deliveries, passenger and cargo volumes, number and CMGTW of landings, or other specified information regarding the lessee's operations and activity at the airport.

(b) In a lease, permit, or concession that requires the lessee to submit certified activity reports, the airport manager shall include provisions that

(1) require the lessee to submit periodically to the lessor on an airport form or in another form acceptable to the lessor certified activity reports that contain all information required under the lease;

(2) require the lessee to accurately and contemporaneously document in the lessee's records all information required under the lease;

(3) require the lessee to establish and maintain books and records in accordance with generally accepted accounting principles;

(4) reserve to the lessor the right to audit, during regular business hours, the lessee's books, records, including electronic data and text files, and supporting data and documents regarding the lessee's operations on an airport;

(5) require the lessee to either transport the necessary books and records to a location on the airport for inspection and copying or allow the audit to be performed at the location where the lessee maintains the books and records; the manager may also include provisions in the lease that provide that the lessor may, upon reasonable notice, require the lessee to give an auditor designated by the manager access to relevant books and records where and as the lessee maintains the documents;

(6) require that a lessee who elects to, but not a lessee who is required to, have an audit performed at the location where the lessee maintains the records must pay the lessor, within 30 days of the billing date, the audit costs the lessor incurs; in this paragraph, "audit costs" include round trip air and ground transportation from the auditor's duty station to the location where the lessee maintains the books and records and per diem at the State of Alaska rate for each day of travel and on site audit work; "audit costs" do not include salary and benefit costs of an auditor;

(7) require the lessee to pay, within 30 days of the billing date, any underpayment disclosed by an audit plus

(A) interest at the rate provided in AS 45.45.010 from the date payment was required to be made on the relevant activity had it been accurately and timely reported;

(B) any actual costs and attorney fees that the lessor incurs to collect the underpayment; and

(C) if the underpayment is more than $5,000 in any fiscal year, all audit costs that the lessor incurs, including salary and benefit costs of the auditor;

(8) require the lessor to credit a lessee's account if an audit discloses that the lessee has overpaid for the audit period;

(9) require the lessee annually to furnish the lessor with a special purpose financial statement, certified as true and correct and signed by an independent certified accountant or the lessee's chief financial officer; the financial statement must

(A) reflect the lessee's gross sales, fuel deliveries, passenger volumes, or other information required under the lease, as applicable, during the year and for which certified activity reports are required under the lease; and

(B) certify whether the lessee is maintaining accounting records in accordance with the lease;

(10) require the lessee to preserve all books and records for the period of time described in the lease; the period of time to preserve all books and records in a lease shall be a minimum of three years; notwithstanding the minimum period of time set out in this paragraph, if the lessor objects to any report or statement submitted by the lessee, the lessee shall preserve all books and records until the objection is resolved or for the period of time described in the lease, whichever is longer; and

(11) require the lessee to furnish other financial or statistical reports as the lessor may reasonably require regarding any business of the lessee for which the lease requires certified activity reports.

(1) "lease" includes "permit" and "concession";

(2) "lessee" includes "permittee" and "concessionaire";

(3) "lessor" means the department as the grantor in permits and concessions, as well as leases.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157

17 AAC 42.430 Cancellation of a lease, permit, or concession

(a) The airport manager shall mail or deliver a written notice to a lessee, permittee, or concessionaire who violates a term of a lease, permit, or concession when the manager considers the violation to be a material deviation from the requirements of the lease, permit, or concession. The manager shall allow the lessee, permittee, or concessionaire the time specified in the lease, permit, or concession or 30 days, if no time is specified, to correct the violation, unless the violation constitutes an imminent threat to public health or safety.

(b) If a lessee, permittee, or concessionaire does not correct the violation by the time allowed in the notice, the airport manager shall

(1) grant an extension of time to correct the violation if the lessee, grantee, or concessionaire shows good cause;

(2) take enforcement action as provided under the lease or as available by law; or

(3) cancel the lease, permit, or concession.

(c) Cancellation of a lease, permit, or concession by the airport manager must be in writing and must state the reasons for the cancellation.

(d) If the airport manager determines that a violation creates an imminent threat to public health or safety, the manager shall

(1) direct the lessee, permittee, or concessionaire to stop the activity immediately;

(2) provide the lessee, permittee, or concessionaire less time than otherwise specified in the lease, permit, or concession to correct the violation; or

(3) correct the violation.

(e) If the airport manager acts to correct a violation that constitutes an imminent threat to public health or safety as provided under (d) of this section, the lessee, permittee, or concessionaire shall reimburse the department for any cost, including legal and administrative costs, reasonably incurred by the department in acting to correct the violation.

(f) A lessee, permittee, or concessionaire may protest the airport manager's decision to enforce or cancel the lease, permit, or concession in accordance with 17 AAC 42.910.

(g) This section applies to all leases, permits, and concessions granted by the department under this chapter, except a tiedown permit issued under 17 AAC 42.500 - 17 AAC 42.599 or 17 AAC 42.600 - 17 AAC 42.699, a transient aircraft parking permit issued under 17 AAC 42.035, and a first amendment activity permit issued under 17 AAC 42.800 - 17 AAC 42.840.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200; AS 02.15.230
Eff. 1/14/2001, Register 157

Article 5 Ted Stevens Anchorage International Airport Tiedown Permits

17 AAC 42.500 Scope, findings, and purpose

(a) 17 AAC 42.500 - 17 AAC 42.599 apply only to Ted Stevens Anchorage International Airport.

(b) The department finds that

(1) the demand for float spaces on the airport substantially exceeds the number of spaces available;

(2) the demand for certain wheel spaces on the airport exceeds the number of spaces available;

(3) the demand for spaces to park transient light aircraft on the airport frequently exceeds the number of spaces available; and

(4) it is in the best interest of the state to ensure that float spaces and wheel spaces that are in high demand be used by pilots who operate airworthy aircraft and regularly fly the aircraft.

(c) The purpose of 17 AAC 42.500 - 17 AAC 42.599 is to regulate the issuance of permits for aircraft tiedown spaces in a manner that

(1) provides a fair, pilot-focused program;

(2) provides permits for individual pilots who fly their owned or leased airworthy aircraft for either commercial or non-commercial use;

(3) provides maximum use of available tiedown spaces;

(4) reduces the wait lists for tiedown permits; and

(5) provides a fair system for issuance and cancellation of permits and reassignment of tiedown spaces.

(d) 17 AAC 42.500 - 17 AAC 42.599 do not apply to transient aircraft parking areas.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.510 Application, approval, and categories

(a) To qualify for a tiedown permit, an individual must

(1) hold a current sport, private, commercial, or airline transport pilot certificate appropriate for the category and class of aircraft listed on the tiedown permit;

(2) hold a current FAA first, second, or third class airman's medical certificate or, for FAA certificated light-sport aircraft, a current driver's license issued by this or another state;

(3) subject to 17 AAC 42.550(g), own or lease at least a one-third interest in an airworthy aircraft that

(A) the individual intends to park in a tiedown space;

(B) the individual lists in an application submitted under (d) of this section;

(D) is not the only airworthy aircraft listed on another tiedown permit issued at the airport to the same individual.

(b) If an individual requests that more than one aircraft be listed on a permit, the individual must, together with any other permittee on the permit, hold a 100 percent ownership or leasehold interest in each listed aircraft.

(c) In addition to the requirements of (a) and (b) of this section, to qualify for a float space an individual's pilot certificate must show that the applicant holds a current seaplane rating.

(d) To obtain a tiedown permit, an individual must submit a completed application to the airport manager and pay the permit fee established under 17 AAC 42.125. The application must be on an airport form and, subject to 17 AAC 42.550(g), must include

(1) the applicant's name, mailing address, and, if available, telephone and facsimile numbers and electronic mail address;

(2) the make, model, and registration number of each aircraft that the applicant intends to park in the tiedown space;

(3) whether the space is to be used for commercial or for strictly non-commercial purposes;

(4) a copy of the applicant's sport, private, commercial, or airline transport pilot certificate;

(5) a copy of the applicant's FAA first, second, or third class airman's medical certificate or, for FAA certificated light-sport aircraft, the applicant's current driver's license issued by this or another state;

(6) a statement of the interest that the applicant owns or leases in each aircraft identified under (2) of this subsection, together with the name of and interest held by all other persons who own or lease an interest in that aircraft;

(7) if the applicant leases an aircraft identified under (2) of this subsection, an original lease for the aircraft, which must be in writing, must bear the notarized signature of each party to the lease, and must include the expiration date of the lease;

(8) if desired by a permittee who is not the sole owner of the aircraft identified under (2) of this subsection, a statement of the name, address, and telephone number of no more than two other pilots who the permittee wishes to have listed on the permit as co-owner pilots and who each also hold at least a one-third ownership or leasehold interest in that aircraft, along with the information required under (4) - (7) of this subsection for each such pilot; and

(9) a notarized statement signed by the applicant that the information provided in the application is true and accurate and that the applicant has read and understands the provisions of 17 AAC 42.500 - 17 AAC 42.599 and understands that the airport manager will cancel the applicant's permit if the manager determines that the applicant

(A) was not eligible for a permit on the date that the permit was issued, regardless of whether the applicant became eligible after that date;

(B) is not eligible for a permit, regardless of whether the applicant was eligible on the date that the permit was issued; or

(e) The airport manager shall approve an application for a permit unless

(1) the applicant is not in compliance with the applicable requirements of 17 AAC 42.500 - 17 AAC 42.599;

(2) the applicant does not hold a current pilot certificate as required under (a) of this section;

(3) if the application is for a float space, the applicant's pilot certificate does not indicate that the applicant holds the seaplane rating required under (c) of this section;

(4) the applicant does not hold a medical certificate or driver's license as required under (a) of this section;

(5) the applicant does not own or lease the minimum interest in the aircraft listed on the application as required under (a) of this section;

(6) the space is needed for airport expansion, development, operation, or other state purpose;

(7) the application must be denied under 17 AAC 42.010(g);

(8) the aircraft does not conform to the dimension, weight, use, or type limits the manager has established under 17 AAC 42.030 for the category of space for which the permit is sought;

(9) approval of the application would result in the applicant exceeding the number of permits allowed the applicant under 17 AAC 42.525(b); or

(10) no space is vacant and available in the category requested by the applicant.

(f) The airport manager's denial of an application must be in writing and state the reasons for the denial.

(g) The categories for permits under 17 AAC 42.500 - 17 AAC 42.599 are float permit, wheel permit, and ice permit.

(h) The categories for switch lists under 17 AAC 42.540 are float, wheel, and Lake Hood Strip.

(i) The categories for wait lists under 17 AAC 42.550 are float, wheel, and Lake Hood Strip.

(j) The airport manager may establish other categories of permits, switch lists, or wait lists if the manager determines that other categories are necessary.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 12/8/2013, Register 208

17 AAC 42.520 Terms and conditions

(a) The terms and conditions set out in this section apply to and are incorporated into all tiedown permits issued under 17 AAC 42.500 - 17 AAC 42.599.

(b) The initial term of a float or wheel permit is five years. The term for each subsequent five-year permit that the manager issues to the same permittee for the same space or for another space to which the permittee is reassigned begins at the expiration of the preceding permit. An ice permit is issued for a single season according to dates set annually by the airport manager.

(d) A permittee may not transfer or sublet a permit or, except as provided under ( l) of this section, allow a person who is not listed as a permittee or co-owner pilot on the permit to fly to or from the permitted space or allow any person to park an aircraft not listed on the permit in the permittee's space.

(e) A permittee may use a tiedown space to park an airworthy aircraft listed on the permit, subject to the applicable requirements and limitations set out in 17 AAC 42.525 and airport operational orders.

(f) An individual who accepts a permit for a tiedown space accepts the space on an "as is" basis. A permittee shall keep the space in a clean, neat, and presentable condition. A permittee shall provide adequate aircraft and vehicle parking on the space to avoid any interference with or obstruction of public roads and taxiways and other spaces and premises.

(g) Improvements are authorized only on float spaces. A permittee must obtain an airport building permit under 17 AAC 42.280 before performing any construction on a float space. A building or other structure placed on a float space must be portable, must be located to allow for adequate aircraft and vehicle parking on the space, and must not interfere with operations on an adjacent space or aircraft movement area. To anchor an aircraft on a tiedown space, a permittee may use only screw-in, duckbill, or cable tiedown equipment or another method the airport manager specifically approves for that purpose.

(h) An aircraft or vehicle that is parked on a tiedown space in violation of this section, 17 AAC 42.525, or any other applicable provision of this chapter is subject to impoundment by the airport manager under 17 AAC 42.115.

(i) The department is not obligated to perform snow or ice removal in a tiedown space.

(j) A permittee must begin parking an airworthy aircraft that is listed on the permit on the designated space within 90 days after the permit is issued, unless the space is a float space. On a float space, a permittee must begin parking an airworthy float-equipped aircraft that is listed on the permit on the designated space within 90 days after the permit is issued or 30 days after the Lake Hood Seaplane Base is first unfrozen and open for use, whichever is later.

(k) If an aircraft listed on the permit ceases to be airworthy or if the permittee disposes of or ceases to hold the permittee's required minimum interest in an aircraft listed on the permit and if no other aircraft is listed on the permit that satisfies the requirements of 17 AAC 42.510(a)(3) and (p) of this section, as applicable, the permittee must restore the aircraft to an airworthy condition or obtain at least the required minimum interest in a replacement aircraft equipped as required by (p) of this section, if applicable, to list on the permit and to operate from the tiedown space. The permittee must achieve the restoration or replacement required under this subsection within 270 days after the date that the aircraft first ceased to be airworthy or the date the permittee disposed of ceased to hold the permittee's required minimum interest in the aircraft, whichever date is earlier. However, a restored or replacement aircraft under this subsection need not be equipped as required under (p) of this section, if applicable, until the Lake Hood Seaplane Base is unfrozen and open for use.

(l) Because of the shortage of transient aircraft parking spaces, a permittee whose space will be vacant for an extended period of time is encouraged, but not required, to make the permittee's space available to the airport manager for use as part of the Lake Hood transient parking pool. When a permittee makes a tiedown space available to the manager for transient parking under this subsection, the department will apply any transient parking revenue from use of the space to reduce the fees that the permittee would otherwise pay for that space.

(m) If a permittee's medical certificate or, for FAA certificated light-sport aircraft, the permittee's driver's license issued by this or another state, expires during the term of the permit, the permittee must obtain a current replacement and provide a copy to the airport manager not later than 60 days after the date of expiration.

(n) If a permittee's pilot certificate or medical certificate or, for FAA certificated light-sport aircraft, the permittee's driver's license issued by this or another state, is revoked or suspended for any reason during the term of the permit, the permittee must obtain a replacement and provide a copy to the airport manager not later than 120 days after the date of revocation or suspension.

(o) Each permittee on a permit must fly the permittee's aircraft listed on the permit at least once from the permit space in each of any three months during each calendar year, using the tiedown space as the primary base of operations from which to fly. Each permittee must also fly at least one third of the listed aircraft's total flights to and from the space. Flights by co-owner pilots may not constitute more than two thirds of the aircraft's total flights to and from the space. For a float permit, only a flight in the listed aircraft flown from the lake when the aircraft is float-equipped is considered toward satisfaction of the requirements of this subsection.

(p) An aircraft for which a float permit is issued must be float-equipped not less than 90 days each year during the period from May 1 through September 30. If a float space includes a land area large enough to accommodate a second float aircraft or a wheel-equipped aircraft without interfering with or obstructing an adjacent road, taxiway, space, or premises and the airport manager approves, a permittee may park a second aircraft on the float space so long as the permittee, alone or jointly with another permittee on the same permit, holds a 100 percent ownership or leasehold interest in both aircraft. A permittee who is allowed by the manager to park a second aircraft on a float space shall pay any additional fee established under 17 AAC 42.125.

(q) The airport manager shall conduct periodic inspections of tiedown spaces and permit files to monitor compliance with the requirements of 17 AAC 42.500 - 17 AAC 42.599 and specifically to confirm

(1) that a properly equipped, airworthy aircraft listed on the permit is parked on the space within or during the applicable periods required under 17 AAC 42.500 - 17 AAC 42.599; and

(2) that each permittee on the permit

(A) owns or leases at least a one-third interest in the appropriate gear type aircraft parked on the space as required under 17 AAC 42.510 (a) and, as applicable, (p) of this section;

(B) annually satisfies the aircraft flight requirements of (o) of this section;

(D) has a current FAA medical certificate or a current driver's license as required under 17 AAC 42.510(a).

(r) If the airport manager has reason to believe that a permittee is not in compliance with the applicable requirements of 17 AAC 42.500 - 17 AAC 42.599, the manager may require the permittee to submit to the manager written verification or documentation the manager considers appropriate to establish that the permittee is in compliance with the applicable requirements of 17 AAC 42.500 - 17 AAC 42.599. To verify compliance with the flight requirements of (o) of this section, upon request by the manager a permittee must provide a notarized statement signed by the permittee that lists the dates of flights the permittee has taken to or from the permittee's tiedown space as pilot of the aircraft listed on the permit and, as applicable, states for each listed flight whether the aircraft was equipped with wheels, floats, or skis. Upon request by the manager, the permittee must also provide a signed and notarized statement by each co-owner pilot, if any, that lists the dates of flights the co-owner pilot has taken to or from the permittee's tiedown space as pilot of the aircraft listed on the permit. The permittee shall also provide such other information or documentation that the manager reasonably requests to establish that the permittee satisfied the flight requirements.

(s) If a permittee dies, the permittee's estate, after written notice to the airport manager, may keep the permit for up to 180 days after the date of the permittee's death in order to sell or remove the permittee's aircraft. The estate shall pay the rent for the space as required under this section. The estate shall notify the airport manager when the permittee's aircraft is sold and when the aircraft is removed from the tiedown space. The permit terminates at the earliest of

(1) ten days after the permittee's aircraft is sold;

(2) the date that the aircraft is removed from the tiedown space; or

(3) the expiration of 180 days after the death of the permittee.

(t) At and after cancellation or termination of a permit, expiration of a permit not followed by a subsequent permit, or reassignment to a new space under 17 AAC 42.540 or 17 AAC 42.570, the permittee or permittee's estate, as applicable, shall continue to pay rent for the space until the permittee or permittee's estate

(1) removes all personal property from the space as provided in (u) of this section;

(2) restores the space to a clean, neat, and presentable condition to the satisfaction of the airport manager; and

(3) peaceably and quietly vacates the space.

(u) Except as otherwise provided in 17 AAC 42.570(h), a permittee whose permit has expired and is not followed by a subsequent permit, whose permit has been cancelled or terminated, or who is reassigned to a new space under 17 AAC 42.540 or 17 AAC 42.570 shall vacate the permit space at the permittee's own expense. The permittee shall

(1) within 14 days after cancellation, termination, or expiration of the permit or acceptance of the reassignment, as applicable, remove the permittee's aircraft from the old tiedown space and, if applicable, relocate the aircraft to the new tiedown space;

(2) except as provided in (3) of this subsection,

(A) relocate to any new space or remove from the airport all of the permittee's personal property from the vacated space; and

(B) restore the space to a clean, neat, and presentable condition to the satisfaction of the airport manager; and

(3) if the permittee requests information to enable the permittee to offer some or all of the permittee's personal property on the space for sale to the permittee's successor at the vacated space, within 14 days after the airport manager mails or delivers to the permittee the name and address of the permittee's successor at the vacated space,

(A) sell or otherwise transfer to the permittee's successor at the vacated space any of the permittee's personal property that the permittee agrees to transfer and the successor agrees to purchase or accept; and

(B) satisfy the requirements of (2) of this subsection.

(v) If a permittee or a permittee's estate, as applicable, shows good cause to the satisfaction of the airport manager, the manager shall approve a request to extend the time to perform an act required under (k), (m), (n), (s), or (u) of this section. The request must be in writing and include justification for the request and a date by which the required act will be completed. Any extension or combination of extensions granted under this subsection must be in writing and may not exceed one year.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 12/8/2013, Register 208; am 1/17/2016, Register 217

17 AAC 42.525 Permit limitations

(a) Neither a tiedown permittee nor a co-owner pilot may use the tiedown space for operation of a commercial aviation business or otherwise for commercial purposes unless the permit expressly authorizes that use.

(b) Subject to (c) of this section and excluding an ice permit, a permittee may hold up to two tiedown permits on the airport at one time, each listing a different aircraft in which the permittee holds the minimum interest required under 17 AAC 42.510(a). However, if an individual owns or leases only one aircraft that the individual parks in a tiedown space on the airport, the individual may hold only one permit.

(c) A permittee may not hold more than one float permit on the airport at one time. A permittee may receive and hold two wheel permits only if the permittee states in the application under 17 AAC 42.510 for one of the permits that the space will be used for a float-equipped aircraft not less than 90 days each year during the period from May 1 through September 30.

(d) More than one permittee may be listed on the same permit consistent with the requirements of this subsection. A permittee may add another individual to the permit if the other individual separately applies and qualifies for a permit under 17 AAC 42.510, including holding the minimum interest required under 17 AAC 42.510(a) in an aircraft listed on the permit, and is the first individual on the applicable wait list under 17 AAC 42.550 if there is a wait list for that category of permit. If an individual is added to a permit, that individual shall comply with all requirements applicable to the permit.

(e) A co-owner pilot who is listed on a permit but has not become a permittee under (d) of this section has no interest in the permit and does not have any right to continued use or occupancy of the permitted space at the expiration, termination, cancellation, or suspension of the permit.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.530 Application for subsequent permit

(a) A permittee who wishes to retain a tiedown space after the expiration of a permit shall, during the 180 day period before the permit expires, submit an application for a subsequent permit under 17 AAC 42.510, along with the permit fee established under 17 AAC 42.125. If a permittee does not timely submit an application for a subsequent permit, the permittee's permit expires on its expiration date and, unless the space is needed for airport purposes, the airport manager shall make the space available to the next eligible applicant.

(b) The airport manager shall approve an application for a subsequent permit if the manager determines that the space is not needed for airport expansion, development, operation, or other state purpose and that the permittee qualifies for a permit under 17 AAC 42.510 and is otherwise in compliance with the applicable requirements of 17 AAC 42.500 - 17 AAC 42.599.

(c) If the airport requires the space for other purposes, the airport manager shall follow the procedures established in 17 AAC 42.570 (c) - (h), as applicable.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.540 Switch-list procedures

(a) The airport manager shall establish and maintain a switch list by which a permittee may have an opportunity to receive reassignment to a different tiedown space in the same category. Placement on a switch list does not create a right to reassignment to a different space.

(b) An airport manager shall maintain a switch list for each category of space established under 17 AAC 42.510(h) or (i) for which the manager receives a written switch request. Each list must be maintained in chronological order according to the date that the airport manager receives a request for that category of tiedown space as described in (c) of this section. However, a permittee placed on a switch list under 17 AAC 42.570(c)(2) or (3) or (e) shall be placed at the top of the list and ordered chronologically only as to any other permittee also placed on the list under 17 AAC 42.570(c)(2) or (3) or (e). A switch list is a public record and must include each requesting permittee's

(1) name;

(2) mailing address;

(3) date of request;

(4) telephone number, facsimile number, electronic mail address, or other method of contacting the permittee by electronic means; and

(5) list of the specific numbered spaces to one of which the permittee requests reassignment.

(c) A permittee in good standing may request to be placed on a switch list by submitting to the airport manager a written request on an airport form, together with any applicable fee established under 17 AAC 42.125.

(d) To the extent provided in this section, a permittee on a switch list has an opportunity to switch to an available space listed on the permittee's switch request before the space is made available to an individual on a wait list.

(e) When a tiedown space becomes available, the airport manager shall identify the first permittee on the applicable switch list. The manager shall

(1) if the first permittee on the applicable switch list was placed on the list under 17 AAC 42.570(c)(2) or (3), assign the available space to the permittee and mail or deliver to the permittee notice of assignment to the available space; assignment to a space under this paragraph is effective unless, within 20 days after the assignment, the permittee rejects the permittee's opportunity to receive a space by mailing or delivering to the manager a written rejection of the assignment; a permittee who rejects an assignment to a space under this paragraph abandons the permittee's opportunity to receive a space unless, along with the written rejection, the permittee requests to remain on the top of the switch list to receive an opportunity to switch to another space under the procedures of (2) of this subsection; and

(2) in all other cases, including placement on the switch list under 17 AAC 42.570(e), make not less than three attempts over the course of two consecutive business days to offer the space to the first permittee who listed the space on the permittee's switch request; the manager shall attempt to contact the permittee by telephone, facsimile, or other electronic means, using the permittee's current contact information required under 17 AAC 42.560(c).

(f) A permittee whom the manager contacts or attempts to contact under (e)(2) of this section must accept or reject the available space within two business days after the manager first contacts or last attempts to contact the permittee to offer the space. If the manager is unable to contact the permittee as provided under (e)(2) of this section or the permittee declines the offered space or does not respond to the offer within two business days after the manager first contacts or last attempts to contact the permittee, the permittee's opportunity to switch to the new space lapses. In the manner and on the terms of this subsection and (e)(2) of this section, the manager shall, until the space is accepted or the list exhausted, attempt to contact and offer the available space to each successive permittee on the switch list who has listed that space on the permittee's switch request. If no switch-list permittee timely accepts the offer of the available space, the manager shall offer the space to the first individual on the wait list as provided under 17 AAC 42.550.

(g) A permittee who accepts an offer to switch to a new tiedown space shall comply with the requirements of 17 AAC 42.520(t) and (u).

(h) The airport manager shall remove from the switch list the name of a permittee who accepts an offer to switch. The manager shall move to the end of the switch list the name of a permittee whom the manager is unable to contact under (e) of this section, who declines an offer to switch to a new space that the permittee had listed on the permittee's switch request, or who fails to respond to an offer before it lapses.

(i) If the airport manager determines that requiring confirmation of a permittee's desire to remain on a switch list will expedite the issuance of tiedown permits for a category of space, the manager shall request at least the first five permittees on the applicable switch list to confirm that desire. The manager's request for confirmation must be in writing. If the manager does not receive written confirmation from the permittee within 30 days after the date that the manager mails or delivers the request for confirmation to the permittee, the manager shall remove the permittee's name from the applicable switch list.

(j) If a permittee's permit terminates, is cancelled, or expires and is not followed by a subsequent permit, the manager shall remove the permittee's name from the switch list for that category of tiedown space effective as of the date that the permit terminated, was cancelled, or expired.

(k) The airport manager shall mail or deliver to the permittee notice that the permittee's name has been removed from the switch list under (i) or (j) of this section.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.550 Wait-list procedures

(a) If the number of tiedown spaces in a category is not sufficient to meet demand, the airport manager shall establish and maintain, in chronological order according to date of request, a wait list of each pilot and student pilot who has submitted a written request for a tiedown space in that category under (b) of this section. A wait list must include each individual's name, mailing address, date of request, and, if available, telephone and facsimile numbers and electronic mail address. A wait list is a public record.

(b) To be added to a wait list, an individual must

(1) sign the applicable wait list in the Ted Stevens Anchorage International Airport tiedown office;

(2) provide the wait-list information required in (a) of this section;

(3) provide a copy of the individual's pilot or student pilot certificate;

(4) sign a notarized statement that the information provided is true and accurate and that the individual has read and understands the requirements of 17 AAC 42.500 - 17 AAC 42.599 and understands that if the individual fails to comply with those requirements the airport manager will remove the individual's name from the wait list; and

(5) pay any applicable fee established under 17 AAC 42.125.

(c) When a space becomes available and is not reassigned through the switch-list procedures under 17 AAC 42.540, the airport manager shall mail by a means that provides evidence of receipt, or deliver by hand a notice that a space is available, along with an application for a tiedown permit for that space, to the first individual in chronological order on the applicable wait list.

(d) If an individual to whom the airport manager has mailed or delivered a notice under (c) of this section does not submit a completed and signed application for a permit for the space within 20 days after receipt of the notice and if either the notice is returned to the manager unclaimed or by the 30th day after mailing the notice to the individual the manager has no evidence that the individual received the notice, the notice lapses. In that case, the manager shall offer a permit for the space to the next individual on the applicable wait list by notice in the manner provided under (c) of this section.

(e) If an individual receives a notice mailed or delivered under (c) of this section, but does not timely submit a completed and signed application for a permit for the space, the airport manager shall remove the individual's name from the wait list. Subject to (f) of this section, if the notice is returned to the manager unclaimed or if by the 30th day after mailing the notice the manager has no evidence that the individual received the notice and the manager has never before mailed a notice to that individual regarding a formerly available space under (c) of this section, the airport manager shall leave the individual's name on the top of the wait list.

(f) Notwithstanding (e) of this section, the airport manager shall remove an individual's name from the wait list if the manager has previously mailed to that individual a notice under (c) of this section regarding a formerly available space and

(1) the individual does not submit a completed and signed application for a permit for the presently available space within 30 days after the manager mails the notice regarding that space; or

(2) the notice mailed to the individual regarding the presently available space is returned to the manager unclaimed.

(g) To qualify for a permit under this section, an individual must satisfy all applicable requirements for a permit under 17 AAC 42.510 at the time that the application is submitted, with the exception of owning or leasing an interest in an airworthy aircraft. An applicant under this section has 90 days from the date that the application is submitted to acquire at least a one-third ownership or leased interest in an airworthy aircraft that the individual will park in the tiedown space and to satisfy the requirements of 17 AAC 42.510(d)(2), (6), (7), and (9).

(h) To remain on a wait list, by September 30 of each year an individual must submit a written request to do so and pay any fee established under 17 AAC 42.125. If an individual on a wait list does not submit a request to remain on the list and pay the required fee by September 30 of each year, the airport manager shall remove the individual's name from the wait list.

(i) The airport manager shall mail or deliver to the individual notice that the individual's name has been removed from a wait list under this section.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.560 Permit, switch-list, and wait-list information

(a) A permittee or an individual on a wait list shall promptly report to the airport manager any change in the information contained in the permit or on a request for placement on a switch list or wait list.

(b) A permittee or an individual on a wait list shall maintain a current mailing address on file with the airport manager at all times. Except as otherwise provided in 17 AAC 42.540(e), the manager shall mail or deliver any notice regarding a permit, switch list, or wait list to the mailing address on file most recently provided by the permittee or individual.

(c) A permittee on a switch list shall maintain on file with the airport manager at all times a current telephone number, facsimile number, electronic mail address, or other method of contacting the permittee by electronic means.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.570 Cancellation of permit, reassignment of space, or suspension of permit

(a) A permittee may cancel a tiedown permit for any reason upon written notice to the airport manager.

(b) The airport manager shall cancel a permit if the permittee fails to comply with an applicable material requirement of 17 AAC 42.500 - 17 AAC 42.599 or other applicable provision of this chapter within 30 days after the manager mails or delivers written notice of the noncompliance to the permittee.

(c) If the airport manager determines that it is necessary temporarily or permanently to convert a tiedown space to another category of tiedown space or to another use to accommodate airport expansion, development, operation, or other state purpose or that it is otherwise in the best interest of the state to do so, the manager shall require the permittee to vacate the space and

(1) if another tiedown space in the same category as the space vacated is available, reassign the permittee to that space;

(2) if another space in the same category is not available, reassign the permittee to a space in a category as similar as possible to the space vacated and give the permittee the opportunity to provide the information required under 17 AAC 42.540(b) and be placed on the top of the applicable switch list for reassignment under 17 AAC 42.540(e)(1); or

(3) if no other space is available, suspend the permit and give the permittee the opportunity to provide the information required under 17 AAC 42.540(b) and be placed on the top of the applicable switch list for reassignment under 17 AAC 42.540(e)(1).

(d) The airport manager shall mail or deliver written notice to the permittee at least 60 days before reassigning the permittee to another space or suspending the permit under (c) of this section. The notice must state the reasons for reassigning the permittee or suspending the permit.

(e) If the permittee within 30 days of the reassignment under (c)(1) of this section submits a list of preferred spaces and the other information required under 17 AAC 42.540(b), the manager shall place the permittee on the top of the switch list to receive an opportunity to switch spaces under the procedures of 17 AAC 42.540(e)(2). The permittee may remain on that list without paying any fee otherwise charged under 17 AAC 42.540 for placement on the switch list so long as the permittee continues to qualify for a permit under 17 AAC 42.510(a) and is otherwise in compliance with the applicable requirements of 17 AAC 42.500 - 17 AAC 42.599.

(f) If a permittee's permit is suspended under (c)(3) of this section and the permittee is placed at the top of the applicable switch list under that provision, the permittee may remain on that list without paying any fee otherwise charged under 17 AAC 42.540 for placement on the switch list or under 17 AAC 42.520 for holding the permit so long as the permittee continues to qualify for a permit under 17 AAC 42.510(a) and is otherwise in compliance with the applicable requirements of 17 AAC 42.500 - 17 AAC 42.599.

(g) A permittee who is temporarily reassigned to another tiedown space under (c) of this section must pay either the fee for the temporary tiedown space or the fee for the permittee's permanently assigned tiedown space, whichever is less, for the duration of the reassignment.

(h) If, under (c) of this section, the airport manager reassigns a permittee with a float space to another space or suspends the permittee's float permit, subject to availability of an appropriation for this purpose, the manager shall compensate the permittee for the reasonable transportation cost of relocating any portable building from the vacated space to another location on the airport and any electrical disconnect and reconnect fee so long as the manager had approved the portable building or electrical connection, as applicable, in writing before installation.

(i) Except as otherwise provided in (h) of this section, a permittee who is permanently reassigned to another tiedown space under (c) of this section must timely and at the permittee's own expense

(1) pay the fee for the reassigned tiedown space; and

(2) comply with the requirements of 17 AAC 42.520(t) and (u).

(j) Upon cancellation of a permit, the airport manager shall refund the permit fee on a pro rata basis except to the extent of any liability of the permittee to the department under this chapter.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.590 Protest

An applicant or permittee may protest the airport manager's decision to deny an application or to cancel, reassign, or suspend a permit in accordance with 17 AAC 42.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.595 Transitional compliance requirements

Repealed.

History

Eff. 1/14/2001, Register 157; repealed 1/17/2016, Register 217

17 AAC 42.599 Definitions

In 17 AAC 42.500 - 17 AAC 42.599, unless the context otherwise requires,

(1) "airport" means Ted Stevens Anchorage International Airport;

(2) "available", when used to describe a tiedown space of a particular category, means

(A) not the subject of a tiedown permit;

(B) not being temporarily or permanently converted by the airport manager to a different category space; and

(C) neither needed for nor being held by the manager to accommodate airport expansion, development, operation, or other state purpose;

(3) "commercial purpose" means the use of a tiedown space to park an aircraft that is flown for hire or other business purpose;

(4) "co-owner pilot" means an individual who owns or leases at least a one-third interest in the aircraft listed on a permit under 17 AAC 42.510(c)(2), who holds a pilot license described in 17 AAC 42.510(a), and who is not a permittee on the permit;

(5) "float permit" means a permit the airport manager issues allowing the permittee to use a specified float space, including any land area approved by the airport manager for parking a second aircraft within the permitted area;

(6) "float space" means a tiedown space that borders the shores of Lakes Hood or Lake Spenard and that the airport manager identifies by a number and designates primarily for parking float-equipped aircraft;

(7) "ice permit" means a permit that the airport manager issues allowing the permittee to use a specified ice space;

(8) "ice space" means a tiedown space on Lake Hood or Lake Spenard during a time when the lakes are sufficiently frozen to safely support aircraft and that the airport manager designates for parking ski-equipped aircraft;

(9) "noncommercial purpose" means the use of a tiedown space to park an aircraft that is flown only for a personal, not-for-profit, or governmental purpose;

(10) "space" means a location on the airport that

(A) is accessible to and is of sufficient dimensions to accommodate a light aircraft;

(B) the airport manager has described by markings on the ground, rough dimensions, or reference points and designated for parking float-, wheel-, or ski-equipped light aircraft; and

(11) "subsequent permit" means a permit issued to a permittee after expiration of a permit and that allows the permittee to continue to hold a space without interruption;

(12) "wheel permit" means a permit the airport manager issues allowing the permittee to use a specified wheel space;

(13) "wheel space" means a land space that the airport manager identifies by a number and designates primarily for parking wheel-equipped aircraft.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

Article 6 Fairbanks International Airport Tiedown Permits

17 AAC 42.600 Scope, findings, and purpose

(a) 17 AAC 42.600 - 17 AAC 42.699 apply only to Fairbanks International Airport.

(b) The department finds that

(1) the number of tiedown spaces available on the airport is usually adequate to meet the needs of owners of float and wheel-equipped aircraft;

(2) the demand for a specific category of tiedown spaces exceeds the number of spaces available from time to time;

(3) the number of spaces available for transient aircraft tiedown parking on the airport exceeds the demand for the spaces; and

(4) it is in the best interest of the state that the owners or lessees of airworthy aircraft use tiedown space on the airport.

(c) The purpose of 17 AAC 42.600 - 17 AAC 42.699 is to regulate the issuance of permits for aircraft tiedown spaces in a manner that

(1) provides a fair system for issuance and cancellation of permits and reassignment of tiedown spaces;

(2) provides permits for persons who own or lease airworthy aircraft;

(3) provides maximum use of available tiedown spaces; and

(4) reduces the wait lists for tiedown permits.

(d) The provisions of 17 AAC 42.600 - 17 AAC 42.699 do not apply to transient aircraft parking areas.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.610 Application, approval, and categories

(a) To qualify for a tiedown permit, a person must own or lease an airworthy aircraft that the person intends to park in the tiedown space and lists in the application submitted under (b) of this section.

(b) To obtain a tiedown permit, a person must submit a completed application to the airport manager and pay the permit fee established under 17 AAC 42.125. The application must be on an airport form and must include

(1) the applicant's name, mailing address, and, if available, telephone and facsimile numbers and electronic mail address;

(2) the make, model, and registration number of the aircraft that the applicant intends to park in the tiedown space;

(3) whether the applicant intends to use the tiedown space for commercial or for strictly non-commercial purposes; and

(4) evidence that the applicant is the owner or lessee of the aircraft the applicant intends to park in the tiedown space and lists on the application; the following are acceptable evidence of the applicant's interest in the aircraft:

(A) a copy of the aircraft registration in the applicant's name;

(B) a copy of an application for aircraft registration in the applicant's name;

(C) if the applicant leases the aircraft, an original lease in the applicant's name with the notarized signature of each party and the expiration date of the lease; and

(5) a statement signed by the applicant that the information provided in the application is true and accurate and that the applicant has read and understands the provisions of the application and the requirements of 17 AAC 42.600 - 17 AAC 42.699 and understands that the airport manager will cancel the applicant's permit if the manager determines that the applicant

(A) was not eligible for a permit on the date the permit was issued, regardless of whether the applicant became eligible after that date;

(B) is not eligible for a permit, regardless of whether the applicant was eligible on the date the permit was issued; or

(1) the applicant is not in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699;

(2) the applicant is not the owner or lessee of the aircraft listed on the application as required under (a) of this section;

(3) the space is needed for airport expansion, development, operation, or other state purpose;

(4) the application must be denied under 17 AAC 42.010(g);

(5) the aircraft does not conform to the dimension, weight, use, or type limits the manager has established under 17 AAC 42.030 for the category of tiedown for which the permit is sought;

(6) the applicant is requesting a second tiedown space in a category that the manager has limited to one per person under 17 AAC 42.635 or 17 AAC 42.655; or

(7) no space is vacant and available in the category requested by the applicant.

(d) The airport manager's denial of an application must be in writing and state the reasons for the denial.

(e) If an applicant submits a copy of an application for aircraft registration as evidence that the applicant is the owner of the aircraft under (b)(4)(B) of this section, the applicant must submit to the airport manager a copy of the registration for the aircraft in the applicant's name within six months of the date of issuance of the tiedown permit.

(f) The categories of permits, switch lists, and wait lists are

(1) electrical back-in;

(2) electrical taxi-through;

(3) nonelectrical back-in;

(4) nonelectrical taxi-through;

(5) east side float;

(6) west side float;

(7) ski strip; and

(8) north general aviation gravel.

(g) The airport manager may establish other categories of permits, switch lists, and wait lists if the manager determines that other categories are necessary.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.620 Terms and conditions

(a) The terms and conditions set out in this section apply to and are incorporated into all tiedown permits issued under 17 AAC 42.600 - 17 AAC 42.699.

(b) A tiedown permit issued on or before March 31, 2005 expires on March 31, 2005. A tiedown permit issued on or after April 1, 2005 and on or before March 31, 2010 expires on March 31, 2010. Tiedown permits issued after March 31, 2010 expire at succeeding five-year intervals after that date.

(d) A permittee may not transfer or sublet a permit or allow a person to park an aircraft not listed on the permit in the permittee's tiedown space.

(e) Subject to the requirements and limitations established under 17 AAC 42.625, a permittee may use a tiedown space only to

(1) park an airworthy aircraft that is listed on the permit for the space;

(2) perform all maintenance and repair on an aircraft that is listed on the permit for the space so long as the permittee is authorized to perform the work under 14 C.F.R. Part 43, as amended through January 1, 2000;

(3) authorize others to perform maintenance and repair on an aircraft that is listed on the permit, subject to the requirements of 17 AAC 42.105;

(4) temporarily park one or more vehicles and a permittee-owned mobile fuel tank if the space is a float space or a north general aviation gravel space; in any other category of tiedown space, a permittee may temporarily park one or more vehicles and a permittee-owned mobile fuel tank only while the aircraft assigned to the space is being flown, while the aircraft or the space is being repaired or serviced, or while the permittee is otherwise present at the space;

(5) install improvements on a space, subject to the requirements and restrictions of this section; and

(6) on a space permitted for commercial purposes, temporarily

(A) park aircraft of a customer of the permittee if the permittee is an aircraft maintenance and repair business located on a premises on the airport and the permittee obtains the airport manager's prior approval;

(B) park a vehicle owned by a person who pilots an aircraft listed on the permit for the space, whether or not the aircraft is being flown; and

(f) A person who accepts a permit for a tiedown space accepts the space on an "as is" basis. A permittee shall keep the space in a clean, neat, and presentable condition. A permittee shall provide adequate aircraft and vehicle parking on the space to avoid any interference with or obstruction of public roads and taxiways and other spaces and premises.

(g) A permittee must obtain an airport building permit under 17 AAC 42.280 before installing any improvements on a tiedown space other than tiedowns, docks, or storage boxes. Improvements placed on a tiedown space must be portable, must be located to allow for adequate aircraft and vehicle parking on the space, and must not interfere with operations on an adjacent space or aircraft movement area. A permittee may use only screw-in, duckbill, or cable tiedown equipment or another method that the airport manager specifically approves to anchor an aircraft on a tiedown space. A permittee may keep a storage box on any category of tiedown space if the box does not interfere with operations on a public road or taxiway or another space or premises.

(h) An aircraft or vehicle that is parked in violation of this section, 17 AAC 42.625, or any other applicable provision of this chapter is subject to impoundment by the airport manager under 17 AAC 42.115.

(i) The department is not obligated to perform snow and ice removal in a tiedown space. A permittee shall flag or mark all personal property installed or stored on a tiedown space in the winter at a visible height so that the property does not obstruct snow removal operations.

(j) A permittee must begin parking an airworthy aircraft that is listed on the permit on the designated space within 90 days after the permit is issued, unless the space is a float or a ski strip space. On a float space, a permittee must begin parking an airworthy float-equipped aircraft that is listed on the permit on the designated space within 90 days after the permit is issued or 30 days after the float pond is first unfrozen and open for use, whichever is later. On a ski strip space, a permittee must begin parking an airworthy ski-equipped aircraft that is listed on the permit on the designated space within 90 days after the permit is issued or 30 days after the ski strip is open for use, whichever is later.

(k) If an aircraft listed on a permit ceases to be airworthy or if the permittee disposes of or ceases to hold an interest in an aircraft listed on the permit and if there is no other aircraft listed on the permit that satisfies the requirements of 17 AAC 42.610, the permittee must within 270 days after the date that the aircraft first ceased to be airworthy or the date the permittee disposed of or ceased to hold an interest in the aircraft, whichever date is earlier, restore the aircraft to an airworthy condition or obtain a replacement aircraft to list on the permit and to operate from the tiedown space.

(l) If at any time after the permittee complies with the applicable requirements of (j) of this section no aircraft listed on a float permit is float-equipped, the permittee shall equip an aircraft listed on the permit with floats within the later of 270 days after the last date any aircraft listed on the permit was float-equipped or the first date after that 270 days that the float pond is unfrozen and open for use.

(m) If at any time after the permittee complies with the applicable requirements of (j) of this section no aircraft listed on a ski strip permit is ski-equipped, the permittee shall equip an aircraft listed on the permit with skis within the later of 270 days after the last date any aircraft listed on the permit was ski-equipped or the first date after that 270 days that the ski strip is open for use.

(n) On a north general aviation gravel space, a permittee

(1) may park only airworthy wheel- or ski-equipped aircraft;

(2) may install a storage shed; and

(3) must install a permittee-owned above ground fuel storage tank, submit documentation to the airport manager that the permittee shares an above ground fuel storage tank with an adjacent permittee, or store a permittee-owned mobile fuel tank.

(o) On a float space, a permittee

(1) must park an airworthy float-equipped aircraft when the float pond is unfrozen and open for use;

(2) may park an airworthy wheel- or ski-equipped aircraft; and

(3) may store floats if the floats fit the aircraft listed on the permit for the space and the permittee owns or leases the floats.

(p) On a ski space, a permittee must park an airworthy ski-equipped aircraft when the ski strip is open for use and may, park an airworthy wheel-equipped aircraft.

(q) On an east side float space, a permittee

(1) may park a second airworthy aircraft if the permittee owns or leases the aircraft, lists the aircraft on the permit, and pays any applicable fee established under 17 AAC 42.125;

(2) may install an above-ground fuel storage tank, a storage shed, and a dock; and

(3) may store a permittee-owned mobile fuel tank.

(r) On a west side float space, a permittee may park aircraft only on the water or on the ice and may install a dock.

(s) The airport manager shall conduct periodic inspections of tiedown spaces and permit files to monitor compliance with the requirements of 17 AAC 42.600 - 17 AAC 42.699 and specifically to confirm that

(1) a properly equipped, airworthy aircraft that is listed on the permit is parked on the space within or during the applicable periods required under 17 AAC 42.600 - 17 AAC 42.699; and

(2) the permittee is the owner or lessee of the aircraft parked on the space.

(t) If the airport manager has reason to believe that a permittee is not in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699, the manager may require a permittee to submit to the manager written verification or documentation the manager considers appropriate to establish that the permittee is in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699.

(u) If a permittee dies, the permittee's estate, after written notice to the airport manager, may keep the permit for up to 180 days after the date of the permittee's death in order to sell or remove the permittee's aircraft. The estate shall pay the rent for the space as required under this section. The estate shall notify the airport manager when the permittee's aircraft is sold and when the aircraft is removed from the tiedown space. The permit terminates at the earliest of

(1) ten days after the permittee's aircraft is been sold;

(2) the date the aircraft is removed from the tiedown space; or

(3) the expiration of 180 days after the death of the permittee.

(v) At and after cancellation or termination of a permit, expiration of a permit not followed by a subsequent permit, or reassignment to a new space under 17 AAC 42.640 or 17 AAC 42.670, the permittee or permittee's estate, as applicable, shall continue to pay rent for the space until the permittee or the permittee's estate has

(1) removed all personal property from the space as provided in (w) of this section;

(2) restored the space to a clean, neat, and presentable condition to the satisfaction of the airport manager; and

(3) peaceably and quietly vacated the space.

(w) A permittee whose permit has expired and is not followed by a subsequent permit, whose permit has been cancelled or terminated, or who is reassigned to a new space under 17 AAC 42.640 or 17 AAC 42.670 shall vacate the permit space at the permittee's own expense. The permittee shall

(1) within 14 days after cancellation, termination, or expiration of the permit or acceptance of the reassignment, as applicable, remove the permittee's aircraft from the old tiedown space and, as applicable, relocate the aircraft to the new tiedown space;

(2) except as provided in (3) of this subsection,

(A) relocate to any new space or remove from the airport all of the permittee's personal property from the vacated space; and

(B) restore the space to a clean, neat, and presentable condition to the satisfaction of the airport manager; and

(3) if the permittee requests information to enable the permittee to offer some or all of the permittee's personal property on the space for sale to the permittee's successor at the vacated space, within 14 days after the manager notifies the permittee of the name and address of the permittee's successor at the vacated space,

(A) sell or otherwise transfer to the successor any of the permittee's personal property that the permittee agrees to transfer and the successor agrees to purchase or accept; and

(B) satisfy the requirements of (2) of this subsection.

(x) If a permittee or a permittee's estate, as applicable, shows good cause to the satisfaction of the airport manager, the manager shall approve a request to extend the time to perform an act required under (j), (k), (1), (m), or (w) of this section. The request must be in writing and include justification for the request and a date by which the required act will be completed. Any extension or combination of extensions granted under this subsection must be in writing and may not exceed one year.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.625 Permit limitations

(a) A person may not use a tiedown space for operation of a commercial aviation business or otherwise for a commercial purpose unless the permit expressly authorizes that use.

(b) Except as otherwise provided under 17 AAC 42.635 or 17 AAC 42.655, a permittee may hold more than one permit for a category of tiedown space.

(c) More than one permittee may be listed on the same permit consistent with the requirements of this subsection. A permittee may add another person to the permit if the person separately applies and qualifies for a permit under 17 AAC 42.610 and is the first person on the applicable wait list under 17 AAC 42.650. If a person is added to a permit, that person shall comply with all requirements applicable to the permit.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.630 Application for subsequent permit

(a) A permittee who wishes to retain a tiedown space after the expiration of a permit shall, during the 180 day period before the permit expires, submit an application for a subsequent permit under 17 AAC 42.610, along with the permit fee established under 17 AAC 42.125. If a permittee does not timely submit an application for a subsequent permit, the permittee's permit expires on its expiration date and, unless the space is needed for airport purposes, the airport manager shall make the space available to the next eligible applicant.

(b) The airport manager shall approve an application for a subsequent permit if the manager determines that the space is not needed for airport expansion, development, operation, or other state purpose and that the permittee qualifies for a permit under 17 AAC 42.610 and is otherwise in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699.

(c) If the airport requires the space for other purposes, the airport manager shall follow the procedures established in 17 AAC 42.670 (c) - (g).

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.635 Limitation on number of permits within a tiedown category

(a) The airport manager shall limit the number of permits that a permittee may hold for a tiedown category to one when, considering the number of spaces in that category and the demand for those spaces, the manager determines it is in the best interest of the state to do so.

(b) The airport manager shall notify the public in accordance with 17 AAC 42.400 of the manager's determination under (a) of this section. The notice must identify the affected tiedown category and state the effective date on which the manager's decision to limit the number of permits will take effect. The manager shall mail or deliver a copy of the notice to each permittee in the affected category. If a wait list exists for the affected category, the manager shall also mail or deliver a copy of the notice to each person on that wait list.

(c) An airport manager's decision to limit the number of permits a permittee may hold in a tiedown category under (a) of this section does not apply to a permittee who holds more than one permit in that category at the time the manager's decision takes effect. A permittee who holds more than one permit in the category at the time the manager's decision takes effect may continue to hold the permits and obtain subsequent permits so long as the permittee otherwise continues to qualify for the permits under 17 AAC 42.600 - 17 AAC 42.699.

(d) A limitation the airport manager implements under (a) of this section does not apply after the manager determines that it is no longer in the best interest of the state to apply the limit. The manager shall notify the public in accordance with 17 AAC 42.400 of the manager's determination. The notice must identify the affected tiedown category and state the date that the limitation will no longer apply. The manager shall mail or deliver a copy of the notice to each permittee in the affected category. If a wait list exists for the affected category, the manager shall also mail or deliver a copy of the notice to each person on that wait list.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.640 Switch-list procedures

(b) The airport manager shall maintain a switch list for each category of space established under 17 AAC 42.610 (f) or (g) for which the manager receives a written switch request. Each list must be maintained in chronological order according to the date the airport manager receives a request for that category of tiedown space as described in (c) of this section. However, a permittee placed on a switch list under 17 AAC 42.670(c)(2) or (3) or (e) shall be placed at the top of the list and ordered chronologically only as to any other permittee also placed on the list under 17 AAC 42.670(c)(2) or (3) or (e). A switch list is a public record and must include each requesting permittee's

(1) name;

(2) mailing address;

(3) date of request;

(4) if available, telephone and facsimile numbers and electronic mail address; and

(5) list of the specific numbered spaces to one of which the permittee requests reassignment.

(e) When a tiedown space becomes available, the airport manager shall identify the first permittee on the applicable switch list. The manager shall

(1) if the first permittee on the applicable switch list was placed on the list under 17 AAC 42.670(c)(2) or (3), assign the available space to the permittee and mail or deliver to the permittee notice of assignment to the available space; assignment to a space under this paragraph is effective unless, within 20 days after the assignment, the permittee rejects the permittee's opportunity to receive a space by mailing or delivering to the manager a written rejection of the assignment; a permittee who rejects an assignment to a space under this paragraph abandons the permittee's opportunity to receive a space unless, along with the written rejection, the permittee requests to remain on the top of the switch list to receive an opportunity to switch to another space under the procedures of (2) of this subsection; and

(2) in all other cases, including placement on the list under 17 AAC 42.670(e), mail or deliver a written offer to switch to that space to the first permittee on the applicable switch list who listed that space on the permittee's switch request.

(f) The airport manager shall remove a permittee's name from the applicable switch list 30 days after the date the manager mails or delivers an offer to the permittee to switch to an available space under (e)(2) of this section if the permittee

(1) accepts the offer;

(2) rejects the offer; or

(3) does not respond to the offer.

(g) If a permittee who is on the switch list and to whom the airport manager offers an available tiedown space does not timely accept the offer to switch, the manager shall, until the space is accepted or the list exhausted, offer the space in the manner described in (e)(2) of this section to each successive permittee on the switch list who has listed that space on the permittee's switch request. If no permittee on the switch list timely accepts the offer, the manager shall offer the space to the first person on the wait list for the applicable category as provided under 17 AAC 42.650.

(h) A permittee who accepts an offer to switch to a new tiedown space shall comply with the requirements of 17 AAC 42.620(v) and (w).

(i) If the airport manager determines that requiring confirmation of a permittee's desire to remain on a switch list will expedite the issuance of tiedown permits for a category of space, the manager shall require at least the first five permittees on the applicable switch list to confirm that desire. The manager's request for confirmation must be in writing. If the manager does not receive written confirmation from a permittee within 30 days after the date that the manager mails or delivers a written request for confirmation to the permittee, the manager shall remove the permittee's name from the applicable switch list.

(j) If a permittee's permit terminates, is cancelled, or expires and is not followed by a subsequent permit, the airport manager shall remove the permittee's name from the switch list for that category of tiedown space effective as of the date the permit terminated, was cancelled, or expired.

(k) The airport manager shall mail or deliver to the permittee notice that the permittee's name has been removed from the switch list under (f)(2) or (3), (i), or (j) of this section.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.650 Wait-list procedures

(a) If the number of available tiedown spaces in a category is not sufficient to meet demand, the airport manager shall establish and maintain in chronological order according to date of request a wait list of each person who has submitted a written request for a tiedown space in that category under (b) of this section. A wait list must include each person's name, mailing address, date of request, and, if available, telephone and facsimile numbers and electronic mail address. A wait list is a public record.

(b) To be added to a wait list, a person must submit a written request for a tiedown space. The request must include the person's name, mailing address, date of request, and, if available, telephone and facsimile numbers and electronic mail address.

(c) When a tiedown space becomes available and is not reassigned through the switch-list procedures of 17 AAC 42.640, the airport manager shall mail or deliver by hand a notice that a space is available, along with an application for a tiedown permit for that space, to the first person in chronological order on the applicable wait list.

(d) To accept an offered permit under this section, a person must

(1) submit a completed tiedown permit application that includes all the information required under 17 AAC 42.610 (b) within 30 days after the date that the airport manager mails or delivers the offer to the person; and

(2) satisfy all applicable requirements for a permit under 17 AAC 42.610 at the time that the person accepts the permit.

(e) The airport manager shall remove a person's name from the applicable wait list 30 days after the date the manager mails or delivers an offer of a permit to the person if the person

(1) accepts the offer as provided under (d) of this section;

(2) rejects the offer; or

(3) does not respond to the offer.

(f) If the first person on the applicable wait list does not timely accept the offer of a permit, the airport manager shall offer the tiedown space to the next person on that list.

(g) If the airport manager determines that requiring confirmation of a person's desire to remain on a wait list will expedite the issuance of tiedown permits for a category of space, the manager shall request at least the first five persons on the applicable wait list to confirm that desire. The manager's request for confirmation must be in writing. If the manager does not receive confirmation from a person within 30 days after the date that the airport manager mails or delivers the request, the manager shall remove the person's name from the applicable wait list.

(h) The airport manager shall mail or deliver to the person notice that the person's name has been removed from a wait list under this section.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.655 Wait-list contingency

(a) This section applies to a wait list for a tiedown category on the airport only after the commissioner finds that the waiting period for persons on that list exceeds five years.

(b) Upon the commissioner's finding under (a) of this section, the airport manager shall notify the public of that finding in accordance with 17 AAC 42.400. The manager shall also mail or deliver a copy of the notice to each person on the wait list for the tiedown category. The notice must identify the tiedown category of the wait list affected and state

(1) the date on which this section will apply to that wait list;

(2) the amount of the annual wait list fee established under 17 AAC 42.125;

(3) the date by which a person on the wait list must pay the fee; and

(4) the manager's address for receiving wait list requests and fees.

(c) Subject to the public notice requirement under (b) of this section, the airport manager shall begin charging an annual fee established under 17 AAC 42.125 for a person to remain on the wait list for that category and limit the number of tiedown spaces in that category available to persons on that list to one space per permittee.

(d) In order to remain on a wait list after that list becomes subject to this section, a person who is on that list on the effective date on which this section applies to that list must submit a written request to remain on the list and pay the fee established under 17 AAC 42.125 no later than 60 days after that effective date.

(e) In order to be added to a wait list that is subject to this section, a person who is not on that list on the effective date on which this section applies to that list must submit a written request to be added to the list in accordance with 17 AAC 42.650(b) and pay the fee established under 17 AAC 42.125.

(f) A person who is on a wait list after that list becomes subject to this section must by September 30 of each year submit to the airport manager a written request to remain on the list and pay the fee established under 17 AAC 42.125.

(g) If a person on a wait list subject to this section does not timely submit a request under (d) or (f) of this section, as applicable, to remain on the list and pay the required fee, the airport manager shall mail or deliver a written notice to the person informing the person that if the person does not submit, within 60 days of the date of the notice, a written request to remain on the wait list along with the required fee, the person's name will be removed from that list. If a person does not submit a written request and the required payment within the period stated in the notice, the manager shall remove the person's name from the list.

(h) This section ceases to apply to a wait list if and when the commissioner finds that no person has been on that wait list for more than two years. The airport manager shall notify the public in accordance with 17 AAC 42.400 of the commissioner's finding. The notice must identify the affected tiedown category and state the date that this section will no longer apply to the wait list. The manager shall mail or deliver a copy of the notice to each permittee in the affected category. If a wait list exists for the affected category, the manager shall also mail or deliver a copy of the notice to each person on that wait list.

(i) Nothing in this section limits a permittee who at the time the commissioner makes a finding under (a) of this section has more than one tiedown permit in the category affected by the finding from continuing to hold the permits or from obtaining subsequent permits so long as the permittee otherwise continues to qualify for those permits under 17 AAC 42.600 - 17 AAC 42.699.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.660 Permit, switch-list, and wait-list information

(a) A permittee or a person on a wait list shall promptly report to the airport manager any change in the information contained in the permit or on a request for placement on a switch list or wait list.

(b) A permittee or a person on a wait list shall maintain a current mailing address on file with the airport manager at all times. The manager shall mail or deliver any notice regarding a permit, switch list, or wait list to the mailing address most recently provided by the person on file with the manager.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.670 Cancellation of permit, reassignment of space, or suspension of permit

(a) A permittee may cancel a tiedown permit for any reason upon written notice to the airport manager.

(b) The airport manager shall cancel a permit if the permittee fails to comply with an applicable material requirement of 17 AAC 42.600 - 17 AAC 42.699 or other applicable provision of this chapter within 30 days after the manager mails or delivers written notice of the noncompliance to the permittee.

(1) if another tiedown space in the same category as the space vacated is available, reassign the permit to that space;

(2) if another space in the same category is not available, reassign the permittee to a space in a category as similar as possible to the space vacated and give the permittee the opportunity to provide the information required under 17 AAC 42.640(b) and be placed on the top of the applicable switch list for reassignment under 17 AAC 42.640(e)(1); or

(3) if no other space is vacant and available, suspend the permit and give the permittee the opportunity to provide the information required under 17 AAC 42.640(b) and be placed on the top of the applicable switch list for reassignment under 17 AAC 42.640(e)(1).

(e) If the permittee within 30 days of the reassignment under (c)(1) of this section submits a list of preferred spaces and the other information required under 17 AAC 42.640(b), the manager shall place the permittee on the top of the switch list to receive an opportunity to switch spaces under the procedures of 17 AAC 42.640(e)(2). The permittee's name may remain on that list without paying any fee otherwise charged under 17 AAC 42.640 for placement on the switch list so long as the permittee still qualifies for a permit under 17 AAC 42.610 (a) and is otherwise in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699.

(f) If a permit is suspended under (c)(3) of this section and the permittee is placed at the top of the applicable switch list under that provision, the permittee may remain on that list without paying any fee otherwise charged under 17 AAC 42.640 for placement on the switch list or under 17 AAC 42.620 for holding the permit so long as the permittee still qualifies for a permit under 17 AAC 42.610(a) and is otherwise in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699.

(h) If, under (c) of this section, the airport manager reassigns a permittee to another space or suspends the permittee's permit, subject to the availability of an appropriation for the purpose, the manager shall compensate the permittee for the reasonable transportation cost of relocating any portable building from the vacated space to another location on the airport and any electrical disconnect and reconnect fee so long as the manager had approved the portable building or electrical connection, as applicable, in writing before installation.

(i) A permittee who is permanently reassigned to another tiedown space under (c) of this section must timely and at the permittee's own expense

(1) pay the fee for the reassigned tiedown space; and

(2) comply with the requirements of 17 AAC 42.620(v) and (w).

(j) Upon cancellation of a permit, the airport manager shall refund the permit fee on a pro rata basis except to the extent of any liability of the permittee to the department under this chapter.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.690 Protest

An applicant or permittee may protest the airport manager's decision to deny an application or to cancel, reassign, or suspend a permit in accordance with 17 AAC 42.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.695 Transitional compliance requirements

(a) A permit issued before January 14, 2001 for a tiedown space on the airport is canceled effective July 13, 2001. A prior permittee must apply under 17 AAC 42.610 for a subsequent permit under 17 AAC 42.630 no later than June 13, 2001 in order to retain the permittee's space.

(b) No later than April 14, 2001 the airport manager shall mail or deliver an application for a permit under 17 AAC 42.610 to each prior permittee.

(c) Any switch list or wait list established for a category of tiedown space before January 14, 2001 is carried forward and remains in effect on and after that date.

(d) In this section, "prior permittee" means a person who holds a valid tiedown permit on January 14, 2001 that was issued before that date.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

17 AAC 42.699 Definitions

In 17 AAC 42.600 - 17 AAC 42.699, unless the context requires otherwise,

(1) "airport" means Fairbanks International Airport;

(2) "available," when used to describe a tiedown space of a particular category, means

(A) not the subject of a tiedown permit;

(B) not being temporarily or permanently converted by the airport manager to a different category space; and

(C) neither needed for nor being held by the manager to accommodate airport expansion, development, operation, or other state purpose;

(3) "commercial purpose" means use of a tiedown space to park an aircraft that is flown for hire or other business purpose;

(4) "electrical back-in space" means a tiedown space that is supplied with electrical power and is within an area that the airport manager has designated for wheel-equipped aircraft where the aircraft must be backed, tail first, into the parking position;

(5) "electrical taxi-through space" means a tiedown space that is supplied with electrical power and is within an area the airport manager has designated for wheel-equipped aircraft where the aircraft can be moved into and out of the parking position under its own power;

(6) "float-equipped aircraft" means an aircraft that is on floats or is equipped for floats that are temporarily off the aircraft but are on the assigned tiedown space;

(7) "float permit" means a permit the airport manager issues allowing the permittee to use a specified float space, including any land area approved by the airport manager for parking a second aircraft within the permitted area;

(8) "float space" means a tiedown space that includes shoreline of a water body at the airport managed for seaplane use and that the airport manager has designated primarily for float-equipped aircraft;

(9) "fuel storage tank" means a portable container designed and constructed for storing fuel; "fuel storage tank" does not include a mobile fuel tank;

(10) "noncommercial purpose" means the use of a tiedown space to park an aircraft that is flown only for a personal, not for profit, or governmental purpose;

(11) "nonelectrical back-in space" means a tiedown space that is not supplied with electrical power and is within an area the airport manager has designated for wheel-equipped aircraft where the aircraft must be backed, tail first, into the parking position;

(12) "nonelectrical taxi-through space" means a tiedown space that is not supplied with electrical power and is within an area the airport manager has designated for wheel-equipped aircraft where an aircraft can be moved into and out of the parking position under its own power;

(13) "north general aviation gravel space" means a tiedown space primarily for wheel- or ski-equipped aircraft within an area the airport manager has designated for installation of fuel storage tanks and storage sheds;

(14) "ski-equipped aircraft" means an aircraft that is on skis or is equipped for skis that are temporarily off the aircraft but are on the assigned tiedown space;

(15) "ski strip space" means a tiedown space within an area the airport manager has designated primarily for ski-equipped aircraft;

(16) "space" means a location on the airport that

(A) is accessible to and is of sufficient dimensions to accommodate a light aircraft;

(B) the airport manager has described by markings on the ground, rough dimensions, or reference points and designated for parking float-, wheel-, or ski-equipped light aircraft; and

(17) "subsequent permit" means a permit issued to a permittee after expiration of a permit and that allows the permittee to continue to hold a space without interruption.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157

Article 7 Airport Closure and Construction

17 AAC 42.700 Airport closure

The airport manager shall order the emergency or temporary closure of the airport to aircraft operations if the manager determines that closure is necessary to preserve the safety of persons or of aircraft or other property. The manager shall give notice of the closure by issuing a Notice to Airmen under FAA Order 7930.2G as described in FAA Advisory Circular No. 150/5200-28B or by other means of notice required by the FAA.

History

Authority: AS 02.15.020; AS 02.15.220 AS 02.15.060; AS 02.15.230
Eff. 1/14/2001, Register 157

17 AAC 42.710 Approval for airport construction

(a) This section applies to requests for the commissioner's approval to construct, reconstruct, relocate, or extend a runway, airstrip, or private air facility within two miles of a proposed or existing federal aid highway under AS 02.15.205.

(b) For the purposes of AS 02.15.205, the commissioner's approval is required only if the proposed airport construction, reconstruction, relocation, or extension of a runway airstrip or private air facility would or could create an obstruction to air navigation as determined under 14 C.F.R. 77, as amended through January 1, 2000.

(1) be submitted to the department in writing;

(2) detail the design of proposed construction; and

(3) include a map drawn to scale with sufficient topographic and dimensional detail to enable the department to analyze potential horizontal and vertical clearance conflicts between the proposed runway, airstrip, or private air facility and the federal aid highway.

(d) Before acting on a request for approval under this section, the commissioner will consider the safety of the traveling public and other persons and of aircraft and other property that may be affected by the proposed activity. The commissioner will approve or disapprove the request in writing. If the commissioner approves a request under this section, the approval will state any restrictions the commissioner determines necessary to assure that required clearances are maintained for the safety of persons and property. If the commissioner denies a request under this section, the denial will state the reasons for the denial in writing.

(e) The decision of the commissioner under this section may be appealed as provided in AS 44.62.330 - 44.62.630.

History

Authority: AS 02.10.010; AS 02.15.060 AS 02.15.020; AS 02.15.205
Eff. 1/14/2001, Register 157

Article 8 First Amendment Activity at International Airports

17 AAC 42.800 Purpose

(a) The purpose of 17 AAC 42.800 - 17 AAC 42.840 is to establish standards and a procedure for permitting and conducting a first amendment activity at an airport. An activity permitted under 17 AAC 42.820 must not interfere with the primary transportation function of an airport facility or with the ability of the airport manager to

(1) ensure that passengers, airport employees, lessees, permittees, concessionaires, and the public can use an airport facility safely, conveniently, and efficiently;

(2) prevent interference with the rights of passengers to have unobstructed access to public areas of an airport facility and to avoid undue delay in the passage within and between facilities;

(3) reduce opportunities for a traveler, and particularly a traveler unfamiliar with the currency or customs of the United States, to be deceived or improperly restrained by any individual or group at an airport facility; and

(4) prevent interference with emergency, anti-hijack, and other security procedures at an airport.

(b) The provisions of 17 AAC 42.800 - 17 AAC 42.840 apply only to a first amendment activity conducted in the public areas of a department-operated terminal building, including a premises that is open to the public, or on public road rights of way, public walkways, public parking lots, and other portions of an airport that the airport manager has designated for use by the public.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157

17 AAC 42.810 Application for a first amendment activity permit

(a) A person must apply for and obtain a first amendment activity permit before conducting any first amendment activity at an airport. An applicant for a first amendment activity permit shall file a completed application on an airport form. The applicant must submit the form to the airport manager by mail or by delivery during normal airport business hours.

(b) The application must include

(1) the full name, mailing address, and telephone number of

(A) the applicant and, if different from the applicant, any person sponsoring, promoting, or conducting the proposed activity;

(B) the individual submitting the application if the applicant is an organization; and

(2) documentation showing

(A) that the individual submitting the application has authority to represent the applicant and any organization sponsoring, promoting, or conducting the proposed activity; and

(B) that the applicant has the permission of any lessee, permittee, or concessionaire on whose premises activity under the permit will be conducted;

(3) a description of the proposed activity, including the dates and times during which the activity is to be conducted and the number of individuals to be involved at any time; and

(4) the purpose of the activity.

(c) A person may receive more than one first amendment activity permit for the same or a related purpose in a calendar year so long as the cumulative period of the activity authorized under those permits does not exceed 60 days, unless no competing applications exist. For purposes of this subsection, a permit issued for a first amendment activity is considered received by the individual who signed the permit application and any person sponsoring, promoting, or conducting the proposed activity, as well as the applicant.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.820 Action on an application for a first amendment activity permit

(a) The airport manager shall designate a person to act on behalf of the manager to process an application for a first amendment activity permit and to monitor compliance with any permit issued.

(b) Within three working days after receiving an application for a first amendment activity permit, the airport manager's designee shall mail or deliver to the applicant either a written permit or a written denial under (f) of this section that explains the reasons the permit is denied.

(c) To ensure that the permitted activity is conducted in a manner consistent with the considerations set out at 17 AAC 42.800(a), the airport manager's designee may

(1) place reasonable restrictions on time, place, number of participants, and manner of exercise of first amendment activity; and

(2) as is necessary for the proper functioning of the airport, relocate the permitted activity from one area on the airport to another upon reasonable notice to the permittee.

(d) If more than one application for a permit for the same date, time, and location is submitted, the airport manager's designee shall review the permit applications and determine whether activity under multiple permits would pose a likelihood of interference with the proper functioning of the airport. If the designee determines that granting multiple permits will not result in a level of activity inconsistent with the considerations set out at 17 AAC 42.800(a), the designee shall allocate space on an equitable basis and impose restrictions on time, location, and number of participants as necessary to accommodate all of the approved permits. If the designee determines that granting all pending permit applications may result in a level of activity inconsistent with the purposes set out at 17 AAC 42.800(a), the designee shall review all applications and, in the order received, schedule permitted activities as necessary to avoid a level of activity inconsistent with those purposes.

(e) A permit must specify

(1) the dates and times the permitted activity may occur, up to a maximum of 30 calendar days within a calendar year;

(2) the designated area for the permitted activity;

(3) the maximum number of participants allowed at any given time; and

(4) any specific restrictions or requirements that the airport manager's designee determines are necessary or appropriate to ensure that the permitted activity is conducted in a manner consistent with the considerations set out at 17 AAC 42.800(a).

(f) The airport manager's designee may deny an application only for one or more of the following reasons:

(1) the application contains incomplete or erroneous information;

(2) the proposed activity is subject to the provisions of 17 AAC 42.040, 17 AAC 42.095, 17 AAC 42.100, 17 AAC 42.105, or 17 AAC 42.200 - 17 AAC 42.297;

(3) the proposed activity is prohibited or otherwise precluded under applicable law;

(4) the activity proposed for the date, time, or location requested in the application would be inconsistent with the purposes set out at 17 AAC 42.800(a);

(5) another first amendment activity permit issued to the applicant, the individual who signed the application, or a person sponsoring, promoting, or conducting the activity specified in the application was revoked under 17 AAC 42.840 within the preceding 60 days; or

(6) the proposed activity would exceed the cumulative period allowed under 17 AAC 42.810(c).

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157

17 AAC 42.830 General terms and conditions for a first amendment activity permit

(a) This section sets out general terms and conditions applicable to and is incorporated into each first amendment activity permit granted under 17 AAC 42.800 - 17 AAC 42.840. A person or organization granted a first amendment activity permit or participating in an activity under the permit shall comply with these general terms and conditions and, if applicable, with any specific terms and conditions established for the permit under 17 AAC 42.820.

(b) A person or organization granted a first amendment activity permit and any person participating in an activity under the permit shall not interfere with the freedom of movement of a person, vehicle, or aircraft at an airport or otherwise interfere with the peaceful, orderly, safe, effective, and efficient use of airport property for airport purposes.

(c) The activity allowed by the first amendment activity permit may be conducted only in an area of an airport that is open to the general public for common use and is not secured.

(d) The activity allowed by the first amendment activity permit may not be conducted in or within 10 feet of any of the following on an airport:

(1) in a department-operated terminal building,

(A) a ticket counter;

(B) a baggage claim area;

(D) a departure gate waiting room or area;

(E) a federally regulated security screening point;

(F) a premises;

(G) a public, courtesy, or emergency telephone;

(H) a rest room;

(I) a stair, escalator, or elevator;

(J) a doorway, entry way, or open front of a store or food service area;

(K) a public service information counter;

(L) an individual waiting in line for access to or service at any of the areas listed at (A) through (K) of this paragraph;

(2) a roadway for embarking or disembarking passengers;

(3) an area that is designated in the permit as an area of frequent congestion;

(4) a restricted area; or

(5) a driveway providing access to a premises.

(e) A person conducting an activity under the first amendment activity permit may not

(1) sell any merchandise or solicit or receive money, except that a permittee may place one stationary receptacle of a style and at a location approved by the airport manager's designee for passive receipt of donations during times that the permit is in effect, if the permittee actively monitors the security of the receptacle, empties the receptacle not less than once per day, and removes the receptacle from the premises when not conducting first amendment activities;

(2) use sound or voice amplifying equipment;

(3) place anything on an airport unless specifically allowed in a permit;

(4) store placards, boxes, or supplies on an airport unless in an area authorized under the permit;

(5) leave personal property unattended in any area on an airport;

(6) touch another person or an article in that person's possession without the express permission of the other person; or

(7) mislead the public by misrepresenting the affiliation or purposes of the first amendment activity or organization.

(f) The person or organization granted a first amendment activity permit is responsible to recover and properly take care of any items that the permittee or a person participating in an activity under the permit has distributed and the general public has discarded improperly in public portions of a department-operated terminal and adjacent roadways and parking facilities or otherwise at the location on the airport where the activity is being conducted. Unless the airport manager's designee agrees to less frequent cleanup, a permittee shall clean up any improperly discarded items that the permittee distributed at least once each hour after distribution. If a permittee fails to recover and properly take care of distributed items, the designee may require the permittee to post a performance bond or cash deposit in an amount not to exceed $500 per day to guarantee the performance of the permittee's cleanup obligation. If the permittee fails to perform the cleanup required under this subsection, the permittee shall forfeit the bond or deposit to the department as payment toward the department's costs of performing the cleanup for the permittee. The permittee shall also pay to the department the costs of cleanup not covered by any forfeited deposit. Failure of the permittee more than once to clean up improperly discarded items and failure to post a required bond are grounds for revocation of the permit.

(g) If the airport manager's designee determines that an emergency situation exists that affects or may affect public health, safety, or security or that unusually congested conditions exist because of weather, air carrier schedule interruptions, heavy traffic movements, or other causes, the manager's designee may suspend the permit for any first amendment activity that affects or may be affected by the emergency situation or congested conditions until the emergency situation or congested conditions no longer exist.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.840 Complaints and revocation of a first amendment activity permit

(a) If a permittee violates the terms of a first amendment activity permit, the airport manager may revoke the permit. The airport manager shall designate a person to process and monitor complaints about and violations of permits issued under 17 AAC 42.800 - 17 AAC 42.840.

(b) If the airport manager's designee under this section receives a complaint about a permittee's activity on the airport, the designee shall, within five working days, mail or deliver a copy of the complaint to the permittee or permittee's representative. If the designee determines that the complaint involves activity that violates the permit, this chapter, or applicable law, the designee shall mail or deliver with the complaint a letter describing the violation. If the designee observes a violation of the permit, this chapter, or applicable law, the designee shall, within five working days, mail or deliver a notice of violation describing the violation to the permittee or the permittee's representative. The designee may suspend a permit until the complaint or violation is resolved if the designee determines that suspension is in the best interest of the state.

(c) The designee shall deliver or mail a complaint or notice of violation and, if applicable, notice that the designee has suspended the permit to the address of the permittee or the permittee's representative stated in the permit application or deliver the complaint, notice of violation, or notice of suspension to the permittee's representative at the airport.

(d) Before the airport manager may revoke a permit, the airport manager's designee shall deliver to the permittee in the manner described for delivery of complaints and notices under (c) of this section notice of intent to revoke, along with a statement of the reasons for revocation and an offer of an opportunity to dispute the revocation. Within five working days after the permittee receives the notice of intent to revoke, the permittee may dispute the revocation by delivering a written statement or a request for a hearing to the airport manager.

(e) The airport manager shall issue a decision on a revocation dispute within five working days of receipt of a written statement under (d) of this section. If the permittee requests a hearing under (d) of this section, the manager shall hold a hearing within five working days of receipt of the request and issue a decision on the revocation dispute within five working days thereafter.

(f) Only the airport manager may revoke a first amendment activity permit. The manager may not delegate the authority to revoke a first amendment activity permit. If, after considering the permittee's written statement or arguments at hearing, the manager determines that the violation occurred and that the permit should be revoked, the manager shall mail or deliver to the permittee a written decision and a notice of revocation. The revocation is effective immediately upon delivery of the notice of revocation to the permittee in the manner described for delivery of complaints and notices under (c) of this section.

(g) The airport manager's decision revoking a first amendment activity permit is a final administrative decision of the department and may be appealed to the superior court under the Alaska Rules of Appellate Procedure.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 1/14/2001, Register 157

Article 9 Miscellaneous Provisions

17 AAC 42.900 Evaluation of best interest of the state

(a) This section provides guidance to the airport manager and other decision makers under this chapter when a provision of this chapter calls for consideration of the best interest of the state.

(b) The best interest of the state contemplates an action or practice that best promotes and maintains, consistent with state and federal law, a strong airport and aviation environment for the benefit of the traveling and shipping public. This interest is served through decisions that allow and encourage air service providers, corporate aircraft operators, private pilots, and others in the aviation industry to serve public and private needs without unreasonable expense or interference.

(c) The department will seek to operate the Alaska International Airports System and the rural airports system to accomplish the goals described in (b) of this section by considering, as applicable to a particular decision, such factors as

(1) the safe, effective, and efficient operation of each affected airport;

(2) the safety of

(A) the traveling public and other persons;

(B) each affected airport; and

(3) the encouragement of economic development both statewide and in the community in which an affected airport is located, including the growth of

(A) a strong aviation industry;

(B) air passenger and air cargo services; and

(4) the continued development of

(A) the international and rural airports systems;

(B) aviation services that are open to all users; and

(5) the protection of

(A) state resources;

(B) public health and the environment; and

(6) compliance with

(A) applicable provisions of this chapter and of any other statutes or regulations, including any relating to noise or airport land use;

(B) applicable airport bond covenants, including the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550;

(D) provisions of any other program or plan required for compliance with applicable federal or state law; and

(E) the state's obligations under leases and other contracts and agreements to which the state is a party, including applicable FAA grant assurances adopted by reference under 17 AAC 42.010(d);

(7) minimizing

(A) the impact of the airport on surrounding communities, including noise; and

(B) interference with aviation activities at the airport;

(8) sound airport planning and considerations of security, maintenance, and operation of each affected airport; and

(9) whether a requested lease, permit, or concession or a material amendment of a lease, permit, or concession, either alone or combined with any other interest the applicant holds at the airport, would

(A) exceed the applicant's needs, including reasonable future expansion, and limit the availability of land or building space for uses of equal or higher priority under this chapter; or

(B) result in the monopolization of an aeronautical use on the airport.

History

Authority: AS 02.15.020; AS 02.15.200; AS 37.15.470 AS 02.15.060; AS 02.15.220; AS 37.15.540 AS 02.15.090; AS 02.15.230
Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

17 AAC 42.910 Protest

(a) Except as expressly excluded in this subsection, a person who is adversely affected by a decision of an airport manager under this chapter may seek review of that decision only by filing a protest under this section. This section does not apply to a decision to revoke a first amendment activity permit issued under 17 AAC 42.800 - 17 AAC 42.840, to a rent adjustment under 17 AAC 42.295, to a decision to reject a rent adjustment protest under 17 AAC 42.297; or to a decision by the commissioner on a request for approval for airport construction under 17 AAC 42.710.

(b) Except as provided under (c) of this section, the airport manager must receive a protest within 21 calendar days after

(1) the earliest date the manager mailed or delivered the decision being protested to the protester; or

(2) the date that the manager orally conveyed the decision to the protester if the manager did not put the decision in writing.

(c) The airport manager must receive a protest relating to a decision under 17 AAC 42.300 - 17 AAC 42.399 within seven calendar days after the date described in (b)(1) and (2) of this section.

(d) A protest is not effective unless it is submitted in writing, is signed by the protester or the protester's representative, and includes

(1) a reference to any case, agreement, or application number under which the decision was made;

(2) a copy of the decision being protested, if written, or, if either the decision was not written or a copy of the decision is not available to the protester, a summary description of the decision;

(3) a detailed statement of the factual and legal basis of the protest, including a statement of the facts alleged to be in dispute and a copy of any relevant documents, and a statement of the remedy requested;

(4) the address of the protester or the protester's representative to whom any notice or decision concerning the protest is to be mailed or delivered; and

(5) a reference, by case, agreement, or application number, if applicable, to any other affected agreement, contract, lease, permit, concession, or application.

(e) The protester must mail or deliver a copy of the protest documents filed with the airport manager to any other bidder or proposer, as applicable, at the same time the protester mails or delivers the protest to the manager.

(f) The proper and timely filing of a protest under this section shall stay the decision being protested until the protest is decided unless and until the manager determines in writing that it is contrary to the best interest of the state to stay the decision beyond the date of that determination or another stated date.

(g) The airport manager shall mail or deliver a written decision on the protest to the protester or the protester's representative and any other bidder or proposer or their representatives within 15 days after the protest is filed unless the protester agrees, in writing, to a longer period. If the manager does not mail or deliver a decision to the protester or the protester's representative by the date it is due, the protester may proceed as if the manager had issued a decision adverse to the protester.

(h) The protester may appeal an adverse decision on the protest in accordance with 17 AAC 42.920.

(i) A decision subject to this section but not timely protested in accordance with this section is not subject to appeal under 17 AAC 42.920.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200
Eff. 1/14/2001, Register 157

17 AAC 42.920 Appeal

(a) This section applies to an appeal of a decision made by an airport manager following a protest under 17 AAC 42.297 or 17 AAC 42.910. A decision subject to appeal under this section is subject to review only as provided under this section.

(b) Except as provided under (c) of this section, the commissioner must receive an appeal within 21 calendar days after

(1) the earliest date that the airport manager mailed or delivered the decision being appealed to the appellant or the appellant's representative;

(2) the date that the manager orally conveyed the decision to the appellant or the appellant's representative, if the manager did not put the decision in writing; or

(3) the date the manager's decision on the protest was due, if the manager has not mailed, delivered, or orally conveyed a decision on the protest to the appellant or the appellant's representative by that date.

(c) The commissioner must receive an appeal of a decision on a protest of a matter under 17 AAC 42.300 - 17 AAC 42.399 within seven calendar days after the date described in (b)(1) - (3) of this section.

(d) An appeal must be in writing, must be signed by the appellant or the appellant's representative, and must include

(1) a reference to any case, agreement, or application number under which the decision was made;

(2) a copy of the decision being appealed, if written, or, if either the decision was not written or a copy of the decision is not available to the appellant, a summary description of the decision;

(3) a detailed statement of the factual and legal basis of the appeal, including a statement of the facts alleged to be in dispute and a copy of the relevant documents, and a statement of the remedy requested;

(4) the address of the appellant or the appellant's representative to whom any notice or decision concerning the appeal is to be mailed or delivered;

(5) a reference, by case, agreement, or application number, if applicable, to any other affected agreement, contract, lease, permit, concession, or application; and

(6) if a material fact is disputed and a hearing is desired, a request for a hearing.

(e) The appellant must mail or deliver a copy of the appeal documents filed with the commissioner to any other bidder or proposer, as applicable, at the same time the appellant mails or delivers the appeal to the commissioner.

(f) The proper and timely filing of an appeal under this section shall stay the decision being appealed until the appeal is decided unless and until the commissioner determines in writing that it is contrary to the best interest of the state to stay the decision beyond the date of that determination or another stated date.

(g) The commissioner shall appoint a department employee or other qualified person who did not have any direct involvement in the decision being appealed to serve as the review officer for the appeal.

(h) The review officer shall hold a hearing if a hearing is requested and the review officer finds that material facts are in dispute. The review officer may consider an appeal without a hearing if the review officer finds that no material facts are in dispute.

(i) In a hearing under this section,

(1) the review officer shall, at least 21 calendar days before the hearing or such lesser time as agreed to by the review officer and all known parties, provide to the appellant and other interested parties written notice of the time and place for the hearing;

(2) the review officer shall regulate the order of testimony and presentation of the appeal;

(3) interested persons may attend, give testimony, or submit written statements;

(4) formal rules of evidence do not apply; however, testimony must be given under oath; and

(5) the hearing must be recorded and will be transcribed at the request and expense of the person requesting the transcript.

(j) The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the remedy requested.

(k) The review officer shall provide a written recommendation to the commissioner. The commissioner shall

(1) accept the review officer's recommendation;

(2) reject the review officer's recommendation and remand the recommendation back to the review officer with instructions; or

(3) issue a written decision based on the appeal record.

(l) The commissioner shall mail or deliver to the appellant or the appellant's representative and to any other bidder or proposer or their representatives a copy of any decision or order the commissioner issues on the appeal.

(m) The commissioner's decision on the appeal is a final administrative decision of the department that may be appealed to the superior court under the Alaska Rules of Appellate Procedure.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200
Eff. 1/14/2001, Register 157

17 AAC 42.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "aeronautical use"

(A) means any airport land use activity that involves or is directly related to the operation of aircraft;

(B) includes

(i) any activity that makes the operation of aircraft possible and safe;

(ii) any service that is located on the airport and that is directly and substantially related to the movement of passengers, baggage, mail, and cargo by aircraft on the airport;

(2) "air carrier" means a person engaged in the transportation of passengers or cargo in air commerce for compensation;

(3) "aircraft" has the meaning given in AS 02.15.260;

(4) "aircraft operation" means the fuel powered or electrically powered rotation of an aircraft engine installed in or on an aircraft, as well as the movement of an aircraft under its own power; "aircraft operation" includes testing, runup, taxiing, take-off, landing, and all other activity of an aircraft from the start of the first propeller, rotor, turbine, or engine until all engine, propeller, rotor, or turbine rotation ceases;

(5) "airport" has the meaning given in AS 02.15.260, but includes only Ted Stevens Anchorage International Airport and Fairbanks International Airport;

(6) "airport form" means a written form that the department has prepared for use under this chapter;

(7) "airport manager" means the department employee the commissioner has designated to supervise an airport or that person's designated representative;

(8) "airport parking service" means the activity of providing vehicle parking for airport users or visitors; "airport parking service" does not include the incidental provision of vehicle parking by a business or activity for users of or visitors to only that business or activity;

(9) "airworthy" means the condition of an aircraft that is legally authorized and mechanically capable of flight through the air;

(10) "appraisal" means an unbiased estimate, prepared using methods generally accepted in the professional appraisal industry, of, as applicable, the nature, quality, dollar value, or utility of an interest in, or aspect of,

(A) identified real estate and related personal property; or

(B) a legal right or privilege;

(11) "assignee" means a person who receives an interest under an assignment of a lease, permit, or concession;

(12) "assignment" means the transfer to another person of all or part of the interest of a lessee, permittee, or concessionaire in a lease, permit, or concession and includes a merger, consolidation, or a cumulative transfer of controlling interest of a lessee, permittee, or concessionaire;

(13) "assignment for security purposes" means an assignment that grants to a creditor an interest in a lease, permit, or concession, including improvements, as collateral to ensure payment or performance of a debt, loan, or other obligation by the lessee, permittee, or concessionaire;

(14) "assignor" means a lessee, permittee, or concessionaire who is the grantor in an assignment;

(15) "aviation fuel" means any petroleum distillate or other product manufactured, distributed, or sold for use as a propellant for aircraft engines, including aviation gasoline, turbine fuel, and automotive gasoline when used in an aircraft;

(16) "base of operations" means the location at which an aircraft spends the greatest time not in flight on an annual basis or, for a float-equipped aircraft, either on an annual basis or during the period the airport float facility is unfrozen and open for use;

(17) "bonus bid" means an offer of a one-time payment, excluding rent or other fees, offered by a bidder in a competitive solicitation under this chapter;

(18) "building lease" means a lease of all or a portion of a structure owned by the state, including space in a department-operated terminal building, regardless of whether the lease also grants the right to use or occupy land;

(19) "calendar year" means the period from January 1 through December 31 of each year;

(20) "certified activity report" means a report that a lessee, permittee, concessionaire, aircraft operator, or other airport user must submit to the airport manager to report gross sales, fuel deliveries, passenger and cargo volumes, number of landings, CMGTW, or other information;

(21) "CMGTW" means the certificated maximum gross takeoff weight of an aircraft as established by the FAA;

(22) "commercial fueling service"

(A) means the selling or offering for sale of

(i) fuel;

(ii) fuel storage;

(iii) fuel delivery; or

(iv) fuel dispensing;

(B) excludes self-fueling;

(23) "commercial passenger vehicle" means a taxi cab, limousine, van, bus, motor coach, shuttle, or other motor vehicle used to transport passengers for compensation; "commercial passenger vehicle"

(A) includes a vehicle used

(i) to transport passengers as part of a pre-ticketed tour or excursion; or

(ii) as a "courtesy car" that is owned or operated by a hotel, motel, lodge, other place of public accommodation, or other business and used to transport guests or customers of that business to or from an airport, except that at Fairbanks International Airport "commercial passenger vehicle" includes only those described vehicles for which the operator charges a fare; and

(B) does not include a vehicle operated by

(i) a commercial air carrier only to transport the air carrier's customers and employees;

(ii) a vehicle rental business; or

(iii) a valet parking service or airport parking service;

(24) "commissioner" means the commissioner of the Department of Transportation and Public Facilities or the commissioner's designated representative;

(25) "concession" means a written agreement with the department, other than a permit, land lease, or building lease, that authorizes the holder of the agreement to operate a business on an airport or to derive business from the airport and that requires the holder to pay the department on a basis other than land or building rent only;

(26) "concessionaire" means the operator of a concession;

(27) "contamination" means the unpermitted presence of any released hazardous substance;

(28) "control device" means a sign, signal, marking, barrier, or other device designed to regulate conduct or activity on an airport and erected or placed by authority of the airport manager;

(29) "courtesy car" has the meaning given in AS 02.15.095;

(30) "department" means the Department of Transportation and Public Facilities;

(31) "engine runup" means operation of an aircraft engine, except in direct conjunction with a flight arrival or departure, for the purposes of maintenance, repair, and testing;

(32) "environmental assessment" means an assessment of property, prepared in a manner consistent with generally accepted professional practices, that is supported by reports and tests that determine the environmental condition of property and the presence, type, concentration, and extent of any hazardous substance in, on, or under the surface of the property;

(33) "environmental law" means any federal, state, or local statute, regulation, ordinance, code, permit, order, decision, or judgment from a governmental entity relating to environmental matters, including littering and dumping; "environmental law" includes, as applicable, 42 U.S.C. 7401-7671q (Clean Air Act); 33 U.S.C. 1251-1387 (Federal Water Pollution Control Act); 42 U.S.C. 6901-6992k (Resource Conservation and Recovery Act); 42 U.S.C. 9601-9657 (Comprehensive Environmental Response, Compensation, and Liability Act); 49 U.S.C. 5101-5127 (Hazardous Materials Transportation Act); 15 U.S.C. 2601-2692 (Toxic Substances Control Act); AS 46 (Alaska Water, Air, Energy, and Environmental Conservation Acts); and the provisions of 18 AAC (Environmental Conservation), implementing AS 46;

(34) "exclusive right" means the department's grant of a lease, permit, or concession that authorizes a person to exercise a specific right, use, or privilege on an airport to the exclusion of all other persons;

(35) "FAA" means the Federal Aviation Administration;

(36) "fair market rent" means the most probable periodic rental payment, in dollars, that a property would bring in a competitive and open market under all conditions necessary for an equitable rental, the property owner and tenant each acting willingly, prudently, knowledgeably, and at arm's length;

(37) "first amendment activity" means

(A) the dissemination of information and expression of ideas to the general public by speech, written materials, photographs, demonstrations, or other means; and

(B) the collection of information or donations from the general public;

(38) "fuel" means any motor fuel or liquid heating fuel; "fuel" includes gasoline, aviation gasoline, jet fuel, diesel fuel, kerosene, propane, and liquid propane gas;

(39) "fueling" means delivering or dispensing fuel, defueling, and refueling or any other transfer of fuel on airport property;

(40) "general aviation use area" means

(A) at Ted Stevens Anchorage International Airport, those lease areas designated for light aircraft operations and located primarily at the Lake Hood Seaplane Base and the Lake Hood Strip facilities; and

(B) at Fairbanks International Airport, those lease areas directly associated with general aviation operations and activities east of Runway 01L/19R;

(41) "government agency" includes the United States, the state, and political subdivisions of the state;

(42) "hazardous substance" means any substance that is defined under an environmental law as hazardous waste, hazardous substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil;

(43) "holdover" means continued occupancy of a premises by the lessee or concessionaire after the date of expiration of the lease or concession when the continued occupancy has the consent of the airport manager and is in accordance with the terms of the lease or concession;

(44) "land lease" means a lease of state land managed as part of an airport and under which the lessee covenants to erect certain permanent improvements on the land according to specification and to maintain the improvements during the term of the lease; "land lease" does not include a grant of a right to use or occupy a state-owned building;

(45) "lease" means a written agreement that creates a relationship between the department, as landlord, and a person, as tenant, and that grants to the tenant the possession of airport land or building space for a determined period of time;

(46) "lessee" means a person legally competent to enter into contracts and who enters into a lease with the department;

(47) "lessor" means the department acting in the department's capacity as grantor of a lease on airport property;

(48) "mail" means to send by first class or higher priority service via the United States Postal Service or a comparable level of delivery service via a nationally recognized private carrier of correspondence and other communications;

(49) "mailing" means when the post office or private carrier takes possession of the item mailed;

(50) "manager" means airport manager;

(51) "material amendment" means a written change to a lease, easement, right of way, concession, or permit that increases the size of the premises, extends the term, or changes the authorized use of the premises; "material amendment" does not include an adjustment to charges, rents, or fees or a change in the configuration or size of a premises that results from a minor boundary survey adjustment;

(52) "materially contribute to" means to cause the release or migration of a hazardous substance in a reportable quantity as defined under an applicable environmental law;

(53) "mobile fuel tank" means a truck or trailer with a mounted container designed or used for holding, transporting, or dispensing fuel;

(54) "non-aeronautical use" means any airport land use, business, service, or function that is not an aeronautical use;

(55) "Notice to Airmen" (NOTAM) means a notice distributed by means of telecommunications containing information concerning the establishment, condition, or change in any aeronautical facility, service, procedure, or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;

(56) "permanent fuel storage tank" means a container designed and constructed for storing fuel and either installed under ground or installed above ground and fixed to a concrete or piling foundation anchored in the ground;

(57) "permanent improvement" means a fixed addition or change to land that is not temporary or portable; "permanent improvement" includes a building, building addition, retaining wall, storage tank, well, driveway, and parking area; "permanent improvement" does not include

(A) site development work or materials, such as earthwork, fill material, gravel, or pavement; and

(B) items of ordinary maintenance, such as glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor covering replacement, or pavement patching;

(58) "permit" means a written, revocable authorization the department issues that allows a person to perform an act on an airport;

(59) "permittee" means a person who enters into a permit agreement with the department;

(60) "person" has the meaning given in AS 01.10.060;

(61) "premises" means property that is on an airport and is the subject of a lease, permit, or concession; for purposes of this paragraph, "property" includes land managed as part of an airport, space in a state-owned building, and other state-owned facilities and improvements;

(62) "release" has the meaning given in AS 46.03.826;

(63) "remaining useful life" means the period during which an existing building or structure, considering its age and condition, with normal wear and tear and prudent, cost effective maintenance and without major repairs or replacements can reasonably be expected to continue to perform fully the function for which it was designed or intended;

(64) "responsible for" when used in regard to contamination, means having caused or materially contributed to, assumed under an assignment, or being otherwise liable for by law or contract;

(65) "restricted area" means those areas of an airport, building, or facility where the airport manager has limited or controlled access for security and safety purposes;

(66) "self-fueling" means the dispensing of fuel to an aircraft or vehicle using fueling apparatus owned or leased by the owner or operator of the aircraft or vehicle;

(67) "site development" or "site development work" means activities to prepare land for construction of a building or other structure or to provide a firm surface on which to operate a vehicle or aircraft; "site development work" includes efforts used in clearing, mucking, grubbing, and filling some or all of a site;

(68) "site development materials" means materials used for site development; "site development materials" includes geotextile, fill, gravel, paving, and pavement reinforcement materials;

(69) "sublease" means a transaction or agreement under which a lessee, permittee, or concessionaire leases, rents, or otherwise grants occupancy rights to all or a portion of a premises or improvements on a premises to another person; "sublease" does not include the assignment of a lease, permit, or concession;

(70) "sublessee" means a person who leases, rents, or otherwise receives occupancy rights under a sublease;

(71) "Ted Stevens Anchorage International Airport" means all of the land and facilities of the international airport at Anchorage, including Lake Hood Seaplane Base, Lake Hood Strip, and other general aviation facilities;

(72) "tiedown" or "tiedown space" means a designated location at an airport where a specified person or persons are given permission under a permit issued under 17 AAC 42.500 - 17 AAC 42.599 or 17 AAC 42.600 - 17 AAC 42.699 to park one or more specified aircraft, regardless of whether the location is equipped with facilities for securing an aircraft to the ground;

(73) "transient aircraft" means an aircraft that is not parked on a premises or in a tiedown space;

(74) "transient aircraft parking area" means an area designated by the airport manager for parking transient aircraft under 17 AAC 42.030 and 17 AAC 42.035;

(75) "TSA" means the United States Department of Homeland Security, Transportation Security Administration.

(76) "useful life" means the life expectancy of a building or other structure during which, with normal wear and tear and prudent, cost effective maintenance, and without major repairs or replacements, it can reasonably be expected to perform fully the function for which it was designed or intended;

(77) "vehicle" means a motorized device, other than an aircraft, upon or by which a person or property may be transported or drawn;

(78) "vehicle rental business" means the activity of renting or leasing or offering to rent or lease vehicles for use by others and that

(A) operates on an airport; or

(B) derives business from an airport and picks up, offers to pick up, or arranges for pick-up of customers at the airport;

(79) "valet parking service" means the activity of providing or offering to provide vehicle parking for airport users or visitors and in which the parking service

(A) parks or otherwise drives or offers to drive a customer's vehicle; or

(B) offers or arranges for transportation of an airport user or visitor between the parking location and a location on the airport.

History

Authority: AS 02.15.020; AS 02.15.090; AS 37.15.500 AS 02.15.060; AS 02.15.200
Eff. 1/14/2001, Register 157; am 10/20/2002, Register 164; am 11/1/2003, Register 168; am 1/17/2016, Register 217; am 5/25/2017, Register 222

Chapter 45 Rural Airports

Article 1 Rural Airports Generally

17 AAC 45.005 Applicability of chapter; general location information

This chapter applies to rural airports. The location and address of an airport, the name and address of the airport manager for an airport, and the address of the department employees or other persons designated to carry out the responsibilities of the department for an airport under 17 AAC 45.010(a) are available through the commissioner's office. Normal office hours of the commissioner's office are 8:00 a.m. to 5:00 p.m. Monday through Friday.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.200
Eff. 3/28/2002, Register 161

17 AAC 45.010 Operation of airports; enforcement of chapter

(a) An airport subject to this chapter is operated by the department. From time-to-time and as the commissioner or the regional director for the administrative region of the department in which the airport is located determines appropriate, the commissioner or the regional director may designate for an airport one or more department employees or other persons to carry out functions and responsibilities relating to leasing and property management at an airport and one or more department employees or other persons to carry out functions and responsibilities relating to maintenance and operation of an airport. One or more functions and responsibilities of the department may also be delegated to the airport manager.

(b) The department employee or other person designated by the commissioner or a regional director under (a) of this section to act for the department, including an airport manager, shall make a decision under this chapter in good faith and on a reasonable basis.

(c) When an action or decision of either the department or an airport manager under this chapter requires or otherwise calls for the department or the manager, as applicable, to exercise discretion, the department will or the manager shall evaluate such action or decision considering the best interest of the state.

(d) Except as otherwise provided by this chapter or in the designation made under (a) of this section, and subject to (c) of this section, a department employee or other person designated by the commissioner or a regional director under (a) of this section to act for the department or as a manager for an airport is authorized to enforce

(1) the provisions of this chapter;

(2) applicable laws and programs relating to aviation or air transportation that are consistent with AS 02.15.010 - AS 02.15.270 and this chapter; and

(3) the provisions of AS 28 and 13 AAC as they apply to vehicles or to persons operating vehicles on the airport.

(e) The Airport Sponsors Grant Assurances of the FAA, dated March 2014 and incorporating amendments published in 79 Fed. Reg. 18755 - 18757 (April 3, 2014), is adopted by reference in this chapter.

(f) If the department or an airport manager, as applicable, does not make a decision within 60 days of receipt of an application or request, the department will or the manager shall, as applicable, mail or deliver to the applicant or requester written notice of the status of the application or request. If the department or manager denies an application or request under this chapter, the department will or the manager shall provide the applicant or requester with the specific grounds for the denial in writing.

(g) Subject to (h) of this section, the department will and the airport manager shall deny an application or request under this chapter if the department or manager, as applicable, determines that the applicant or requester

(1) has violated a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 42, or this chapter, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;

(2) has violated a material term of a contract with the department, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;

(3) is in arrears on a rental payment or other material financial obligation due the department; or

(4) is in default of a material obligation under any lease, permit, or concession that the department has issued to the applicant or requester for any property or activity at any airport that the department owns, operates, or otherwise controls.

(h) If an applicant or requester has filed a protest or appeal in connection with a matter described in (g) of this section that is pending under 17 AAC 40.382 in effect before March 28, 2002, 17 AAC 42.910, 17 AAC 42.920, 17 AAC 45.910, or 17 AAC 45.920 and the department or airport manager, as applicable, determines that the matter under protest or appeal has a direct bearing on the application or request under consideration, the department or manager may defer action on the application or request until that protest or appeal is decided.

(i) If a provision of this chapter that requires the airport manager, commissioner, or department to issue a written notice to a person does not specify the method of delivery, the notice may be delivered by mail, by hand, or by electronic transmission, with confirmation of receipt by the addressee requested. However, unless this chapter requires another form of supplemental notice, an attempted delivery to the address the intended recipient last provided to the department in writing constitutes effective notice with or without confirmation of receipt.

(j) When an application for a lease, permit, or concession under this chapter is approved and the department sends the applicant a lease, permit, or concession for signature, the applicant shall return the signed lease, permit, or concession to the department or airport manager, as applicable, within 60 days after the date the lease, permit, or concession was mailed to the applicant, unless a letter or notice mailed with the lease, permit, or concession requires the applicant to return the signed lease, permit, or concession within a different time. If a letter or notice establishes a different time for return of the signed lease, permit, or concession, the time for returning the signed documents may not be less than

(1) 60 days for a lease, permit, or concession that is not awarded competitively under 17 AAC 45.300 - 17 AAC 45.399; or

(2) the time stated in the bid documents or proposal documents for a lease or concession that is awarded competitively under 17 AAC 45.300 - 17 AAC 45.399.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200; AS 02.15.230
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

17 AAC 45.015 Approval of department or airport manager

(a) When a provision of this chapter requires approval or authorization of either the department or the airport manager, but the provision does not set out a specific procedure for requesting that approval or authorization, the person seeking the approval or authorization shall

(1) contact the department or the airport manager, as applicable, and describe the action or matter for which approval or authorization is sought;

(2) provide such additional information as the department or the airport manager considers necessary to evaluate and act on the request;

(3) pay any fee established under 17 AAC 45.127 for the type of matter or action; and

(4) if the department or the manager requests, provide the information required under (1) and (2) of this subsection in writing.

(b) The department will or the airport manager shall, as applicable, decide a request for approval or authorization of a matter or action under this section as soon as reasonably practicable under the circumstances. The department will or the manager shall issue the decision in writing if the applicable provision of this chapter calls for the department's or manager's approval or authorization in writing.

(c) A person whose request is denied under (b) of this section may protest the department's or airport manager's decision in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200; AS 02.15.230
Eff. 3/28/2002, Register 161

17 AAC 45.020 General rules of conduct; violations

(a) A person using an airport shall

(1) comply with

(A) this chapter and other applicable law;

(B) orders that the department or the airport manager issues under AS 02.15.020(a) or under any other state or federal law; and

(C) instructions, requirements, and restrictions that the department or the airport manager has posted or indicated by sign, signal, or other control device, unless otherwise directed by an authorized person directing aircraft, vehicle, or pedestrian traffic;

(2) avoid hindering or obstructing another person, a vehicle, or an aircraft from lawful use of airport property; and

(3) limit use or occupancy of airport land or facilities as follows:

(A) use a public road, public walk, or other public area only as the department designates for the activity, class of traffic, or mode of travel in which the person is engaged;

(B) use a restricted area only as authorized under this chapter;

(C) use or occupy land or facilities only as authorized under a lease, permit, concession, or other written permission from the department authorizing that use or occupancy; or

(D) use or occupy a lease, permit, or concession premises only with the express or implied consent of the lessee, permittee, or concessionaire and in compliance with the applicable lease, permit, or concession.

(b) Repealed 3/22/2008.

(c) The department may, subject to the terms of a pre-existing lease, permit, or concession, authorize, restrict, or prohibit air carrier operations, concessions, or other uses in designated areas of airport land, buildings, or facilities, including a department-operated terminal building. Except as otherwise authorized in a lease, permit, concession, or other written authorization from the department under this chapter, a person shall abide by the department's designation of or restriction on the use of airport land, buildings, or facilities.

(d) A person may not place, spill, or dump garbage, trash, sewage, refuse, or other waste material on an airport except in a waste receptacle the department has approved for that purpose or in a waste receptacle designed and provided for that purpose by a lessee, permittee, or concessionaire on its premises.

(e) A person may not dump snow on an airport except in a location the airport manager has designated for that purpose or as authorized by the department under a lease, permit, or concession.

(f) A person may not operate an incinerator or burn trash, brush, or other material on an airport without the written approval of the airport manager.

(g) A person may not conduct an aircraft show on an airport without the written approval of the department.

(i) Unless the department approves in writing, a person may not display, distribute, post, or place a commercial sign, advertisement, circular, or other material on an airport

(1) in a public area of a department-operated terminal building;

(2) on land or a premises, except inside a building occupied by a lessee, sublessee, permittee, or concessionaire of the land or premises and in compliance with all applicable provisions of the lease, permit, or concession;

(3) on an aircraft or vehicle, unless the sign, advertisement, circular, or other material is placed on the aircraft or vehicle by the owner or lessee of the aircraft or vehicle; or

(4) in violation of or in conflict with an exclusive advertising concession or other right granted by the department.

(j) If a person acts in violation of this chapter or fails to act as required by this chapter, the department or the airport manager may take one or more of the following actions:

(1) order the person to, either immediately or within a specified time,

(A) stop the violation;

(B) begin the required act; or

(2) provide written notice to the person that describes how the person may correct the violation or omission and the time within which the violation or omission must be corrected;

(3) correct the violation or omission; or

(4) in an emergency or when the department or the airport manager finds such assistance necessary for safety, maintenance, or operation of the airport, request enforcement assistance by a public safety agency with jurisdiction over the airport.

(k) If the department or the airport manager acts under (j)(3) of this section to correct a violation or omission by a person, the department or manager, as applicable, may seek reimbursement from the person of all costs, plus interest at the rate provided in AS 45.45.010, that the department incurs in acting to correct the violation or omission, including site assessment costs, clean up costs, collection costs, legal and administrative costs, applicable fines, and costs resulting from interference with or delay of airport projects or operations.

(l) If the FAA, TSA, or any other federal, state, or local governmental agency fines or otherwise imposes a monetary penalty on the department for a violation of a statute, ordinance, or regulation, and if the violation is caused by or based on, all or in part, an act or omission on an airport by a person, other than an employee of the department acting in the employee's official capacity, the department may seek reimbursement from the person for the portion of the fine or penalty, and associated costs, equal to the person's contribution to the basis of the violation.

(m) The department may seek to require a person responsible under this chapter for the placement, dumping, or spilling of anything on the airport in violation of this chapter to clean up and properly dispose of the material consistent with the requirements of applicable law.

(n) A person may not, without approval of the department or the airport manager, place, maintain, or display on an airport a sign, signal, marking, light, or other device that purports to be or resembles a control device or that attempts to direct the movement of aircraft, pedestrian, or vehicle traffic, conceals or interferes with the effectiveness of a control device, or dazzles, blinds, or otherwise interferes with the vision of a pilot, pedestrian, or driver.

(o) A person may not park a vehicle within 10 feet of a fence that separates an area that is restricted under 17 AAC 45.060(a) from an area that is not restricted.

(p) A person may not use or occupy airport land or facilities for any purpose unless

(1) the portion of the land or facility being used or occupied is designated by the department for a public purpose and the person's use or occupancy conforms to the public purpose;

(2) the person first obtains a lease, permit, concession, or other written permission from the department authorizing the use or occupancy; or

(3) the person is on leased premises with the express or implied consent of the lessee, permittee, or concessionaire and is not engaged in conduct prohibited under the applicable lease, permit, concession, this chapter, or a statute, ordinance, or other regulation.

History

Authority: AS 02.15.020; AS 02.15.220; AS 02.15.240 AS 02.15.060; AS 02.15.230
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

17 AAC 45.030 Aircraft rules

(b) Except in an emergency, when safety dictates, or upon prior approval of the airport manager, aircraft operation on or from an airport is confined to designated runways, water lanes, helipads, taxiways, taxi lanes, aprons, and aircraft parking areas. When the airport manager determines that it is necessary for safe and secure operation of the airport, the airport manager may by control device or order regulate, control, and direct the availability of a runway, water lane, helipad, taxiway, taxi lane, apron, and aircraft parking area on an airport. The airport manager shall limit the use, time, type, weight, dimensions, and number of aircraft allowed to use an aircraft parking area when the manager determines that the limitation is justified by the design, safety, maintenance, or operation of the parking area or the airport. The airport manager may segregate aircraft operations on an airport according to aircraft use, size, type, or weight. The manager shall give notice of the manager's orders, limitations, and aircraft operation segregation decisions under this subsection by

(1) posting in the affected areas of the airport; or

(2) issuing a Notice to Airmen under FAA Order 7930.2K as described in FAA Advisory Circular No. 150/5200-28B.

(c) A person who operates an aircraft at an airport shall conduct aircraft operations in conformity with applicable state and federal law, including applicable provisions relating to aircraft noise, and, to the extent possible consistent with safety considerations, in conformity with orders that the department or the airport manager issues under AS 02.15.020(a) or under any other state or federal law, including orders regarding noise compatibility or preferential runway use.

(d) A person who brings an aircraft onto or keeps an aircraft on an airport does so at the person's own risk with respect to security, maintenance, and operation of the aircraft. The department is responsible for the security, maintenance, or operation of an aircraft on an airport only if the department owns or leases the aircraft.

(e) The operator of an aircraft shall operate the aircraft so as to minimize engine, propeller, or rotor wash on an aircraft, person, or property.

(g) A person may park an aircraft on an airport only in an area that the airport manager has designated for aircraft parking or in an area authorized for that purpose under a lease, permit, or concession.

(h) A person may not land or otherwise operate an aircraft equipped with more than 30 passenger seats on an airport operated by the department under 14 C.F.R. Part 139 unless the person

(1) first applies for and receives written authorization from the airport manager to land or operate the aircraft at the airport; or

(2) is using the airport in compliance with applicable federal law as an alternate landing site or for an emergency landing.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.035 After hours requests for airport services

(a) To request that the department provide services at an airport outside of that airport's normal operating hours, an air carrier must submit the request to the airport manager or designee, in writing on a form supplied by the department, at least 24 hours before the requested service. The department will grant a request only if personnel and resources are available. The department may grant a request made with less than 24 hours' notice; however, late notice may hinder the department's ability to provide service.

(b) For requests the department meets by extending work hours for on-duty employees, the air carrier will be billed in full hour increments at the rate of $250 per hour for each employee.

(c) For requests the department meets by issuing a call-out to employees during their off-duty hours, the air carrier will be billed $1,000 for each employee; any time worked by called-out employees in excess of four hours will be billed in full hour increments at the rate of $250 per hour for each employee.

(d) If an air carrier amends a landing permit to delay the air carrier's operation 15 minutes or more past the airport's normal operating hours, a charge of $250 per hour will be billed to the air carrier.

(e) Repealed 7/16/2020.

(f) If two or more air carriers request services under this section that overlap for some period of time at the same airport, the department will make reasonable efforts to offer cost sharing.

(g) The following aircraft are exempt from the charges in (b) - (e) of this section:

(1) aircraft operating outside of an airport's normal operating hours that do not require services from the department;

(2) aircraft owned or operated by the state or the United States government;

(3) aircraft on emergency medical transportation flights.

History

Authority: AS 02.15.020; AS 44.42.020 AS 02.15.060; AS 44.42.030
Eff. 5/28/2017, Register 222; am 7/16/2020, Register 235

17 AAC 45.045 Environmental requirements

(a) A person using an airport shall comply with all applicable environmental laws.

(b) A lessee, permittee, or concessionaire who is required under any environmental law to submit a report or other document about a violation or potential violation of an environmental law to a regulatory agency shall provide a copy of the document to the department. Any person who receives a permit from an environmental regulatory agency in connection with the person's use of an airport shall, within ten days of receipt of the permit, provide a copy of the permit to the department.

(c) A lessee, permittee, or concessionaire shall provide to the department a copy of any notice of violation or other notice, claim, or citation alleging a violation of an environmental law affecting airport property that a regulatory agency issues to or files against that lessee, permittee, or concessionaire and of any complaint filed in a court that alleges violation by the lessee, permittee, or concessionaire of an environmental law affecting airport property.

(d) A person responsible for the contamination of airport property shall remediate and return contaminated airport property to an environmentally acceptable condition to the satisfaction of any regulatory agency having jurisdiction. All plans for cleanup and disposal activities shall be submitted in advance to the department for review and approval and are subject to restrictions imposed by the department.

(e) If the department has cause to believe a premises or other property on the airport may have been contaminated, the department may perform an environmental assessment on the premises or property to establish the presence and source of any contamination and to describe the environmental condition of the premises or property. While performing the assessment, the department will not unreasonably interfere with a lessee's use of, or access to, the lessee's premises unless the lessee first expressly consents. The department will assume the cost of the assessment of a premises or property if contamination is not found on the premises or property. If contamination is found on the premises or property, the department may seek reimbursement for the costs of assessment and cleanup of the contamination from each person who is responsible under this chapter for the contamination.

(f) For purposes of this section, interference with a lessee's use of, or access to, the lessee's premises is unreasonable if the interference

(1) poses a safety hazard or a substantial disruption of the lessee's use of, or access to, the lessee's premises; or

(2) can be avoided without materially increasing the cost or materially decreasing the effectiveness of the effort to achieve remediation satisfactory to all agencies having jurisdiction, or a reasonable environmental assessment, as applicable.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 5/25/2017, Register 222

17 AAC 45.050 Hazardous substance release

(a) A person who releases a hazardous substance on an airport shall immediately contain and clean up the release, using methods that ensure that contamination does not enter or spread on or in airport land or water or in an airport storm water drainage system. A person responsible under this chapter for a release shall immediately report the release to the airport manager and to each regulatory agency that requires such a report. Submission of a report to the manager under this subsection does not satisfy any other applicable requirement for reporting a release of a hazardous substance to any regulatory agency that has jurisdiction.

(b) If a person responsible under this chapter for a release does not take immediate action to report, contain, and clean up the release, the department may report, contain, or clean up the release as the department determines appropriate under the circumstances. The department may seek reimbursement for the department's costs of assessment, reporting, containment, and cleanup, as applicable, from any person responsible for the release.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161

17 AAC 45.055 Fueling operations and fuel storage

(a) A person who handles, stores, transports, or dispenses fuel on an airport, for either commercial or noncommercial purposes, shall do so consistent with 13 AAC 50 and other applicable law. Except with respect to noncommercial fueling of a personal motor vehicle, a person described in this subsection shall maintain spill prevention and response capability readily accessible to the site where the fuel is handled, stored, transported, or dispensed.

(b) Before operating a commercial fueling service that performs any function on an airport, a person must obtain a lease, permit, or concession that authorizes commercial fueling services. In addition to the rent or other fee charged under the lease, permit, or concession that authorizes a commercial fueling service at the airport, the lessee, permittee, or concessionaire must pay to the department the fuel flowage fee established under 17 AAC 45.127(o) on each gallon of fuel sold, delivered, or dispensed to which that fee applies.

(c) Before performing any function on an airport, an operator of a commercial fueling service shall, in addition to the requirements of (a) and (b) of this section, maintain and submit to the department a copy of the operator's Spill Prevention, Control, and Countermeasures Plan prepared under 40 C.F.R. 112, as amended as of January 1, 2007, or, if none is federally required, maintain and submit to the department a written fuel spill prevention and response plan that includes

(1) the measures the operator will take to prevent a release of fuel;

(2) the steps the operator will take, in the event of a release of fuel, to

(A) stop the release; and

(B) contain and prevent spreading or migration of any fuel released; and

(3) the operator's plan in accordance with 17 AAC 45.050(a) for immediate notification describing any release of fuel to the airport manager and to each regulatory agency that requires such a report.

(d) A commercial fueling service operator and an air carrier that engages in self-fueling shall each ensure that all personnel who engage in fueling or fuel storage operations on an airport for or on behalf of the operator or air carrier are trained in safe fuel handling practices, fire safety, and spill response.

(e) A person may not fuel an aircraft while a main engine on the aircraft is running unless

(1) running the engine is necessary due to extreme cold;

(2) a main aircraft engine must remain running to restart another engine on the aircraft; or

(3) running the engine is allowed for hot fueling under N.F.P.A. 407, "Standard for Aircraft Fuel Servicing," 2001 edition, which is adopted by reference.

(f) A person may not smoke, light a match, or have any flame within 50 feet of fuel storage tanks, equipment, or any fueling operation.

(g) The owner of a fuel storage container or mobile fuel container located on an airport shall immediately

(1) contain any fuel that spills or leaks from the container;

(2) report any spill or leakage of fuel from the container to each regulatory agency that requires a report of that spill or leak and to the department;

(3) repair any fuel leak and any equipment failure or defect that caused or contributed to the spill or leak; and

(4) clean up the affected area.

(h) A person may not keep or use a mobile fuel tank on an airport unless the person uses the tank in a safe, nonleaking manner and the tank is readily movable at all times. If the department determines that a person is keeping or using a mobile fuel tank that does not comply with the applicable requirements of this section, the department will require the person to cure the noncompliance or remove the tank from the airport.

(i) Except as otherwise provided in this chapter or as the department otherwise authorizes, a person must store fuel on an airport in a permanent fuel storage tank. A permanent fuel storage tank may be installed only on a premises.

(j) A person may not store fuel in a temporary fuel storage container on an airport without the department's prior written authorization. The following requirements are conditions of any authorization to store fuel in a temporary fuel storage container:

(1) a barrel and any other temporary fuel storage container must be secured by banding or other means when the barrel or other container is insufficiently full to prevent the barrel or other container from being blown off the storage site by any wind, propeller wash, or jet blast to which the barrel or other container might be exposed;

(2) the fuel must be stored in the location designated by the department and in a manner that provides for spill containment and that is approved by the department;

(3) before the expiration of any period for which the department authorizes temporary fuel storage, the person authorized to store the fuel shall, at no cost to the department, remove all barrels, tanks, containers, containment, and fueling equipment from the fuel storage site and return the site to an environmentally acceptable condition to the satisfaction of the department and each agency with regulatory jurisdiction;

(4) if the requirements of (3) of this subsection are not satisfied, the department may perform the removal and restoration; and

(5) by accepting the department's authorization for temporary fuel storage, the person authorized to store the fuel agrees to reimburse the department for

(A) all costs incurred by the department in performing any removal and restoration work under (4) of this subsection, including site assessment costs, clean up costs, travel costs, and legal costs;

(B) damage to property;

(D) interest on the costs described in (A) through (C) of this paragraph at the rate provided in AS 45.45.010.

(k) Except as allowed under 17 AAC 45.510, a land lessee or a permittee may conduct self-fueling operations only on the lease or permit premises after securing from the department authority in the lease or permit to do so, or on a premises authorized for commercial fueling. A tiedown permittee acting in compliance with 17 AAC 45.510, however, may self-fuel on the permit premises without express authority in the permit.

(l) Neither the submission of a plan by an operator under (c) of this section, nor the receipt of the plan by the department may be construed as approval or endorsement of the plan by the department.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; am 4/23/2009, Register 190

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.

(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 TSA-approved 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 49 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.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; am 3/20/2016, Register 217

17 AAC 45.065 Firearms

(a) Unless authorized by the department for airport wildlife hazard control, a person may not discharge a firearm across any portion of a runway, taxiway, or aircraft parking area.

(b) Before boarding an air carrier aircraft at an airport operated by the department under 49 C.F.R. Part 1542, a passenger transporting a firearm shall check the firearm, unloaded and encased in a closed container designed for transporting firearms, as or within luggage and notify the air carrier that the luggage contains a firearm.

History

Authority: AS 02.15.020; AS 02.15.230; AS 18.65.755 AS 02.15.060; AS 02.15.240 AS 02.15.220; AS 18.65.750
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168

17 AAC 45.070 Explosives on airports

(a) A person who brings or possesses an explosive on an airport shall comply with the hazardous materials provisions of 49 C.F.R. Part 175, as amended as of January 1, 2007.

(b) A person shall give the airport manager at least 24 hours advance written notice before bringing explosives onto an airport or creating or receiving explosives on an airport. However, an airport manager may waive this notice requirement with respect to those types and quantities of fireworks that the manager specifies in a written notice posted by the manager at the airport.

(1) condition, direct, supervise, or prohibit an explosive or an operation involving an explosive on the airport; and

(2) require that an aircraft with an explosive aboard

(A) be fueled, serviced, and parked in a remote or other designated area of the airport; and

(B) depart the airport as soon as air traffic and safety considerations allow.

(d) In this section, "explosive" has the meaning given in AS 11.81.900; "explosive" also includes fireworks as defined in AS 18.72.100.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.075 Animals on airports

(a) Unless the airport manager has first given approval,

(1) a person may not allow an animal in the person's custody or care or cause any other animal to enter uncontrolled upon or remain uncontrolled on airport property; and

(2) a person may bring only the following animals into a department-operated terminal building or restricted area of an airport:

(A) an animal that

(i) is trained or being trained to aid a person with a disability; and

(ii) accompanies a person with a disability or a trainer;

(B) an animal arriving or departing by air transportation and confined in a manner designed for that purpose;

(b) The airport manager shall, if the manager determines that doing so is necessary to ensure the safe operation of the airport, either remove or, unless prohibited by state or federal law, kill an animal on the airport.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161

17 AAC 45.080 General vehicle rules

(a) A person may operate a vehicle on an airport only in accordance with 17 AAC 45.020, 17 AAC 45.085, this section, and other applicable law.

(b) A person may not access an airport by vehicle from property outside the airport boundary other than on a public road, trail, or way provided for that purpose and not posted by the department as closed to airport access, except as specifically provided under an airport boundary crossing permit issued under 17 AAC 45.285.

(c) Subject to 17 AAC 45.030, an aircraft operated on an airport has the right-of-way over a vehicle on the airport. The operator of a vehicle on an airport may not interfere with or cause a hazard to the movement of aircraft on the airport.

(d) A person may not operate a vehicle on an airport in excess of a speed limit posted by the airport manager for that airport roadway or area. On an airport roadway or area for which the airport manager has not posted a speed limit, a person may not operate a vehicle in excess of 25 miles per hour. This subsection does not apply to a person operating an emergency vehicle responding to an emergency.

(f) A person who brings a vehicle onto or keeps a vehicle on an airport does so at the person's own risk with respect to security, maintenance, and operation of the vehicle. The department is responsible for the security, maintenance, or operation of a vehicle on an airport only if the department owns or leases the vehicle.

(g) A person operating a vehicle on an airport operated by the department under 14 C.F.R. Part 139 must be in possession of an operator's license, current and issued to the person, required by law for the type of vehicle being operated.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168

17 AAC 45.085 Vehicles in restricted areas

(a) A person may not operate a vehicle in a restricted area of an airport that is operated by the department under 14 C.F.R. Part 139 or subject to 49 C.F.R. Part 1542, except in accordance with 17 AAC 45.080 and this section.

(b) At an airport not subject to 49 C.F.R. Part 1542, a restricted area is closed to all vehicles except the following:

(1) a vehicle operated by a department employee or contractor for maintenance purposes;

(2) a vehicle required for the loading, unloading, and transporting of passengers or the servicing of an aircraft on the aircraft parking apron at the airport;

(3) a public safety or emergency vehicle when engaged in the performance of public safety or emergency duties at the airport; and

(4) any other vehicle authorized to be in the restricted area by law or in writing by the airport manager.

(c) A person may not operate a vehicle in a restricted area of an airport unless the person is authorized under 17 AAC 45.060 to enter the restricted area and the airport manager has first authorized the person to operate a vehicle in the restricted area. The manager shall establish terms and conditions for operating a vehicle in a restricted area on the airport and provide notice of the terms and conditions to a person who requests authorization to do so.

(d) To show that the airport manager has authorized a person to operate a vehicle in a restricted area of an airport that is subject to 49 C.F.R. Part 1542, the person's identification badge issued under 17 AAC 45.060(f) must bear an appropriate endorsement by the airport manager. A person who accepts the airport manager's authorization to operate a vehicle in a restricted area of the airport agrees to comply with all terms and conditions established by the manager for operating a vehicle in a restricted area under (c) of this section. The manager shall require each person who accepts the manager's authorization to sign an acknowledgement of receipt of a copy of those terms and conditions.

(e) To ensure safety and compliance with applicable FAA regulations, the airport manager may establish equipment requirements for vehicles operated in restricted areas on an airport. A person may operate a vehicle in a restricted area only if the vehicle is in a safe and functioning condition with all equipment required by the airport manager under this subsection. At an airport operated under 14 C.F.R. Part 139, the vehicle must also be the subject of and display a ramp permit sticker or temporary ramp permit card issued by the airport manager.

(f) The airport manager may designate areas within a restricted area where a person may, and outside of which a person may not, operate, maintain, fuel, or park a vehicle except by permission from the manager.

(g) The airport manager shall order a vehicle operator to remove the vehicle from a restricted area if the manager determines that the vehicle is not operated or equipped in compliance with this section. The manager shall refuse access to a restricted area for a vehicle that the manager determines is not operated in compliance with this section.

(h) A person who accepts an airport ramp permit sticker or ramp permit temporary card, or the person's sponsor, shall pay a fee of

(1) $25 for each permit issued;

(2) $50 for each replacement of a lost permit sticker or card; and

(3) $50 for each failure to surrender a permit sticker or card to the airport manager when required to do so by the department.

(i) A person may not copy or duplicate an airport ramp permit sticker or temporary card.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185

17 AAC 45.090 Vehicle parking

(a) This section applies to parking of vehicles on an airport in an area other than a restricted area or on a premises.

(b) If the airport manager determines it is necessary for the safe operation of an airport, the manager shall designate vehicle parking areas, no parking zones, parking time limits, vehicle size limits, parking restrictions by vehicle type, and vehicle loading and unloading zones as appropriate for the operation of the airport.

(d) A person may not abandon a vehicle on an airport, park a vehicle in a designated no-parking area, park a vehicle in violation of posted vehicle size limits, or park a vehicle for a period in excess of a posted time limit.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.20.050 AS 02.15.060; AS 02.15.230
Eff. 3/28/2002, Register 161

17 AAC 45.095 Commercial passenger vehicle permit

(a) This section applies only to airports operated by the department under 14 C.F.R. Part 139.

(b) The commissioner will designate an airport for commercial passenger vehicle permitting if the commissioner determines in writing that permitting is in the best interest of the state. In determining the best interest of the state, the commissioner will consider, in addition to the factors listed under 17 AAC 45.900,

(1) the volume of commercial passenger vehicle traffic and other vehicle traffic at the airport;

(2) the potential impact of the fees that would be imposed on commercial passenger vehicle operators and their customers if a permit were required under this section; and

(3) the estimated cost of implementing the requirements of this section at the airport as compared to the potential revenue that the department would receive.

(c) Before requiring permitting for the operation of a commercial passenger vehicle at an airport, the commissioner will give the public at least 60 days notice of the permit requirement in accordance with 17 AAC 45.400.

(d) To operate a commercial passenger vehicle business on an airport designated for permitting by the commissioner under (b) of this section, a person must hold a current commercial passenger vehicle permit issued under this section.

(e) A person must submit an application for a commercial passenger vehicle permit in writing to the department and include

(1) a list of vehicles that the applicant proposes to operate on the airport under the commercial passenger vehicle permit; the list must include the year, make, model, license plate number and issuing state, vehicle identification number, and seating capacity, including each driver, for each vehicle;

(2) a description of the services that the applicant proposes to offer under the permit; and

(3) a non-refundable $200 application fee.

(f) The department will approve an application for a commercial passenger vehicle permit unless the department determines that

(1) the application must be denied under 17 AAC 45.010(g);

(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(3) the proposed activity is not allowed under or would result in a violation of applicable law, an exclusive right the department has granted to another person, a covenant running with the airport land, or an applicable FAA grant assurance adopted by reference under 17 AAC 45.010(e); or

(4) the proposed activity is inconsistent with sound airport planning.

(g) A decision by the department to deny an application for a commercial passenger vehicle permit must be in writing.

(h) A commercial passenger vehicle permit is not transferable and may not exceed a term of five years.

(i) If the department determines under 17 AAC 45.425(b), that a commercial passenger vehicle permittee must carry insurance, the permittee shall provide evidence of insurance coverage that fully satisfies the insurance requirement established by the department under 17 AAC 45.425(c) for the permittee's operations on the airport.

(j) A commercial passenger vehicle permittee may not use or operate a vehicle on the airport in connection with a commercial passenger vehicle business unless the vehicle is listed on the permit and displays the identification described in this subsection. For each calendar year and for each vehicle listed on the permit, a permittee shall, upon payment of any applicable fee established under (k) of this section, obtain from the department a sticker or other form of identification designated by the department. The department will mail or deliver identification for a vehicle only to a person who has a permit at the airport, has paid the fee under (k) or ( l) of this section, as applicable, and has submitted the vehicle information required under (e)(1) of this section for that calendar year. A permittee shall conspicuously affix and maintain on each vehicle the current year's identification that the department has issued for that vehicle.

(k) The department will charge a non-refundable fee for each commercial passenger vehicle permit and issue a sticker or other form of vehicle identification for each calendar year or any portion of a calendar year. The amount of the fee, which is not pro-rated to a lesser amount for any portion of a calendar year, is as follows:

(1) $102 for each vehicle with seating for up to six people, including the driver;

(2) $205 for each vehicle with seating for seven to 12 people, including the driver;

(3) $307 for each vehicle with seating for 13 to 24 people, including the driver;

(4) $409 for each vehicle with seating for 25 to 36 people, including the driver;

(5) $512 for each vehicle with seating for 37 or more people, including the driver.

(l) The department will charge a $25 fee to a permittee for a replacement vehicle permit sticker or other form of identification if

(1) a sticker or other identification is lost or damaged before it expires; or

(2) the vehicle is replaced by the permittee with another vehicle of the same seating capacity before the sticker or other identification expires.

(m) A commercial passenger vehicle permittee that operates a vehicle on airport property shall keep the vehicle in safe operating condition. The department shall order a permittee to remove from service any vehicle of the permittee that the airport manager determines to be unsafe or otherwise in violation of this section.

(n) A commercial passenger vehicle permittee may park, wait, and drop off or pick up a passenger only at a premises or in an area designated for that purpose by the department.

(o) A commercial passenger vehicle permittee may cancel a permit and cease operations at the airport at any time on written notice to the department.

(p) Upon 10 days' written notice to the permittee, or a shorter period of written notice if allowed by the permit:

(1) the department will cancel a commercial passenger vehicle permit and invalidate all vehicle identification issued to a permittee if the department determines that the permittee

(B) has ceased commercial passenger vehicle operations on the airport; and

(2) the department may, unless the permit provides otherwise, cancel a commercial passenger vehicle permit and invalidate all vehicle identification issued to a permittee for any reason not in violation of applicable law.

(q) Cancellation of a commercial passenger vehicle permit by the department will be in writing and state the reasons for the cancellation.

(r) A commercial passenger vehicle permittee may not, on the basis of the distance to be transported, refuse to transport a person who agrees to pay the appropriate fare.

(s) An applicant or commercial passenger vehicle permittee may protest the department's decision to deny an application or cancel a commercial passenger vehicle permit in accordance with 17 AAC 45.910.

(t) Neither a commercial passenger vehicle permittee nor an employee of a permittee may offer transportation services by in-person solicitation on an airport or by driving slowly past an airport building, but may offer transportation services only in compliance with the terms of the permit.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 7/1/2017, Register 222

17 AAC 45.105 Business activity permit

(a) Except as expressly authorized on a premises under a lease or department-approved sublease, or as expressly authorized under a concession, commercial passenger vehicle permit, or other permit, a person must, before engaging in any of the following on an airport, hold a current business activity permit issued under this section expressly authorizing the conduct of that business on that airport:

(1) an aircraft maintenance or repair business;

(2) a business that performs aircraft ground handling services;

(3) a commercial fueling service;

(4) selling, offering for sale, or providing goods or services commercially to the general public in a department-operated terminal building, including use of terminal space for distribution of pre-ordered merchandise;

(5) a vehicle rental business;

(6) an aircraft or aircraft parts sales business;

(7) a valet parking service or airport parking service;

(8) a food service business.

(b) A business activity permit under this section authorizes the permittee to conduct the specified type of business on only the specific airport stated on the permit.

(c) To obtain authorization to conduct a business for which this section requires a business activity permit, a person must submit a business activity permit application in writing to the department and must include

(1) a non-refundable $200 application fee; and

(2) a statement of the name of the airport at which the person seeks authorization to conduct the business, together with a description of the services and operations the applicant proposes to conduct under the permit.

(d) For purposes of this section, an activity is conducted on an airport if the activity, including any transportation offered or arranged by the operator of the activity,

(1) is conducted all or in part within the airport boundary; or

(2) derives business from an airport and offers or arranges for transportation between an off-airport location and a location on the airport.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 7/1/2017, Register 222

17 AAC 45.108 Business activity permit; commercial aviation business

Repealed.

History

Eff. 3/28/2002, Register 161; repealed 11/23/2003, Register 168

17 AAC 45.110 Consideration of application for business activity permit; permit requirements

(a) The department will approve an application for a business activity permit under 17 AAC 45.105 if the department does not determine that

(1) approval must be denied under 17 AAC 45.010(g);

(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(3) the proposed activity would violate applicable law, the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550, an exclusive right the department has granted to another person, a covenant running with the airport land, or an applicable FAA grant assurance adopted by reference under 17 AAC 45.010(e); or

(4) the proposed activity would be inconsistent with sound airport planning.

(b) A decision by the department to deny an application for a business activity permit will be in writing.

(d) A business activity permittee shall pay any annual business activity permit fee required under 17 AAC 45.127(p) and any other applicable fee established under this chapter.

(e) If the department determines under 17 AAC 45.425(b), that a business activity permittee must carry insurance, the permittee shall provide evidence of insurance coverage that fully satisfies the insurance requirement established by the department under 17 AAC 45.425(c) for the permittee's operations on the airport to which the permit applies.

(f) A business activity permittee operating a vehicle on airport property shall keep the vehicle in safe operating condition. The department will order a permittee to remove from service any permittee vehicle that the department determines to be unsafe or otherwise in violation of this section.

(g) A business activity permittee may park and operate a vehicle on an airport in connection with a business activity allowed under the permit only in an area the department has designated for that purpose.

(h) A business activity permittee may cancel a business activity permit and cease operations at an airport at any time by written notice to the department.

(i) Upon 10 days' written notice to the business activity permittee, the department

(1) will cancel the permit if the department determines that the permittee

(A) is not in compliance with the permit and has not corrected the noncompliance within 10 days after receipt of the notice; or

(B) has ceased operations on that airport; or

(2) may, unless the permit provides otherwise, cancel a permit issued after March 22, 2008 for any reason not in violation of applicable law.

(j) The department's cancellation of a business activity permit will be in writing and state the reasons for the cancellation.

(k) An applicant or business activity permittee may protest the department's decision to deny an application or cancel a business activity permit, in whole or in part, in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; am 4/23/2009, Register 190

17 AAC 45.111 Special event permit

(a) Before engaging in a special event on an airport, a person must hold a current special event permit issued under this section expressly authorizing the conduct of that event.

(b) To obtain authorization to conduct a special event, a person must submit a special event permit application form in writing to the department and include a non-refundable $200 application fee and any other fee as applicable under 17 AAC 45.127.

(c) A special event permit authorizes the permittee to conduct the specified type of event only on the specific airport identified on the permit application form.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/20/2016, Register 217; am 7/1/2017, Register 222

17 AAC 45.112 Consideration of application for special event permit; permit requirements

(a) The department may approve an application for a special event permit under 17 AAC 45.111 unless

(1) approval must be denied under 17 AAC 45.010(g);

(2) the proposed event would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(3) the proposed event would violate applicable law, the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550, an exclusive right the department has granted to another person, a covenant running with the airport land, or an applicable FAA grant assurance adopted by reference under 17 AAC 45.010(e); or

(4) the proposed event is not compatible with the state's best interests.

(b) The department will issue in writing a decision to deny an application for a special event permit.

(d) If the department determines under 17 AAC 45.425(b) that a special event permittee must carry insurance, the permittee shall provide evidence of insurance coverage that fully satisfies the permit's insurance requirements and the requirements established by the department under 17 AAC 45.425(c).

(e) A special event permittee operating a vehicle on airport property may park and operate a vehicle on an airport in connection with an event allowed under the permit only in an area the department has designated for that purpose.

(f) A special event permittee may cancel a special event permit and cease operations at an airport at any time by written notice to the department.

(g) A special event permit is a special privilege, not a right, is a low-priority use, and is subject to competing airport priorities. The department may cancel a special event permit at any time without liability to the special event applicant or special event participants if

(1) the department determines that the permittee is not in compliance with the permit;

(2) the event on that airport has ceased; or

(3) the department determines that the event interferes with the security, safety, maintenance, or operation of the airport.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/20/2016, Register 217

17 AAC 45.115 Unauthorized parking and impound

(a) Except as provided in (b) of this section, the following impound procedure applies to aircraft and vehicles parked in violation of this chapter, aircraft and vehicles that are derelict as described in (h) of this section, and other personal property abandoned on an airport:

(1) the manager shall attempt to identify and locate the owner of the property and to have the owner remove it;

(2) the manager shall attach a warning tag or other written notice to the property that directs the owner to pay any fees due, to remove the property by the time and date that the manager states on the tag or notice, or to do both, and that states that failure to do so will result in impound of the property under this section; the time and date stated on the tag or notice may not be less than 48 hours nor more than 14 days after the time and date the tag or notice is attached to the property;

(b) If an airport manager determines that an emergency or threat to public safety exists and would be materially reduced by impound of property on an airport, the manager shall immediately impound the property and attempt to identify and notify the owner after the property has been impounded. In addition, where a sign, signal, or other traffic control device indicates that parking is prohibited and subject to towing and impound, the manager shall immediately impound a vehicle left unattended and attempt to identify and notify the owner after the property has been impounded.

(1) attach a lock or other device to the property to prevent its use or relocation during impound; or

(2) tow or otherwise move or have moved the impounded property for storage until redemption or disposal.

(d) A person who leaves property subject to impound on an airport does so at the person's own risk.

(e) The department will charge the following storage fees:

(1) for an aircraft, the greater of $350 or three times the transient aircraft parking fee that would be due under 17 AAC 45.600 for transient aircraft parking from the date the aircraft first became parked in violation of this chapter through the date the aircraft is released from impound, regardless of whether transient aircraft parking fees otherwise apply at the airport or parking location; and

(2) for a vehicle and other personal property, the greater of $35 per day of impound or $150.

(f) The owner of, operator of, or agent for property that is impounded may redeem the property from the department only after paying the applicable fee assessed under (e) of this section, plus any costs that the department has incurred in connection with the impound, including towing, legal, and administrative costs.

(g) Property not redeemed within 90 days after impoundment is considered permanently abandoned. Unless applicable law provides otherwise, the department may sell under 17 AAC 45.710, dispose of, destroy, donate, or retain for the department any property that is permanently abandoned, and retain any proceeds from the sale of such property. The department may seek reimbursement for any costs that the department incurs in connection with an impoundment, including towing, legal, and administrative costs, from a person who owns property as of the date that the property is considered permanently abandoned on an airport under this section.

(h) For purposes of this section, an aircraft or vehicle is derelict if its presence and location at the airport is not expressly authorized by the airport manager and it is, or reasonably gives the appearance of being, forsaken, abandoned, deserted, or cast away; an aircraft is presumed to be derelict if the aircraft has been non-airworthy on an airport for a period of 30 consecutive days or more and a vehicle is presumed to be derelict if the vehicle has been inoperable on an airport for the same minimum period.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 7/1/2017, Register 222

17 AAC 45.120 Accidents

(a) The owner or operator of an aircraft or vehicle involved in an accident or incident that occurs on an airport shall report the accident or incident to the airport manager within the time limits in this section measured from the time the owner or operator becomes aware of the accident or incident; if for good reason the owner or operator cannot report within the time limits in this section, the owner or operator shall report as soon as possible under the circumstances:

(1) if the aircraft or vehicle or a condition of the airport poses an imminent safety hazard, immediately after the accident or incident;

(2) if the accident or incident involves bodily injury or death or damage to a person's property in excess of $500, within one hour after the accident or incident; or

(3) in all other cases, within twenty-four hours after the accident or incident.

(b) Repealed 3/22/2008.

(c) When a person or that person's property is injured or damaged by the state, a state employee, or state property on an airport, the person shall report the accident to the airport manager within the time limits in this subsection measured from the time that person becomes aware of the injury or damage; if for good reason the person cannot report within the time limits in this section, the person shall report as soon as possible under the circumstances:

(1) if the injury or damage involves bodily injury or death or damage to property in excess of $500, within one hour;

(2) in all other cases, within twenty-four hours after the person becomes aware of the injury or damage.

(d) The department may seek reimbursement from a person who damages airport property or who is otherwise responsible for that damage for the department's costs to repair or replace the damaged property and for any related costs incurred by the department, including legal and administrative costs.

(e) In this section,

(1) "aircraft accident" has the meaning given in 49 C.F.R. 830.2;

(2) "incident" has the meaning given in 49 C.F.R. 830.2.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.230 AS 02.15.050; AS 02.15.220
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

17 AAC 45.125 Lease rates, interest, late notice fee, and security for payment

(a) If the department grants a lease or privilege at an airport by competitive award under 17 AAC 45.300 - 17 AAC 45.399 and the award is based on the rent or fee offered by the successful bidder or proposer, the rent or fee for that lease or privilege is the amount set by the award.

(b) Interest at the rate provided in AS 45.45.010 accrues on and attaches to any unpaid rent, fee, or charge under this chapter from the date payment is due through the date paid.

(c) In addition to interest assessed under (b) of this section, a lessee, permittee, or concessionaire must pay to the department a late notice fee of $50 for the first notice, $100 for the second notice, and $200 for the third and any subsequent notice when the department issues a late notice to the lessee, permittee, or concessionaire for

(1) non-payment of a rent or fee by the date required by the lease, permit, or concession; or

(2) failure to submit to the department a certified activity report by the date required by the lease, permit, or concession.

(d) The department may require a person using an airport to make a deposit, post a bond, or provide a letter of credit, personal guarantee, or other form of security if the department determines the requirement is necessary to guarantee payment of any charge, rent, or fee payable for use of an airport or of any other obligation in connection with that use. The deposit, bond, letter of credit, personal guarantee, or other security must be in a form and in an amount the department finds acceptable considering the person's financial obligations to the airport, the person's financial responsibility, and the proposed activities on the airport.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 7/1/2017, Register 222

17 AAC 45.127 Rental and fee rates

(a) Except as otherwise specified in this section, 17 AAC 45.205, or another applicable provision of this chapter, the department will charge and an airport user shall pay, the following annual rental rates in United States dollars, for the stated use of airport land:

(1) beginning July 1, 2017 and ending December 31, 2018, the annual rental rates are as follows:

Airport Type Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land Uses

Airports where the longest

runway is under 5,000 feet

long between thresholds isunpaved and unlighted $ 0.066 $ 0.079unpaved and lighted 0.085 0.103paved and unlighted 0.085 0.103paved and lighted 0.098 0.119Airports where the longest

runway is 5,000 feet or longer

between thresholds and is unpaved and unlighted $ 0.098 $ 0.119unpaved and lighted 0.128 0.155paved and unlighted 0.128 0.155paved and lighted 0.148 0.178

(2) beginning January 1, 2019 and ending December 31, 2019, the annual rental rates are as follows:

Airport Type Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land UsesAirports where the longest

runway is under 5,000 feet

long between thresholds and is unpaved and unlighted $ 0.073 $ 0.087unpaved and lighted 0.094 0.113paved and unlighted 0.094 0.113paved and lighted 0.108 0.131Airports where the longest

runway is 5,000 feet or longer

between thresholds and isunpaved and unlighted $ 0.108 $ 0.131unpaved and lighted 0.141 0.171paved and unlighted 0.141 0.171paved and lighted 0.163 0.196

(3) beginning January 1, 2020 and ending December 31, 2022, the annual rental rates are as follows:

Airport Type Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land UsesAirports where the longest

runway is under 5,000 feet

long between thresholds and isunpaved and unlighted $ 0.080 $ 0.096unpaved and lighted 0.103 0.124paved and unlighted 0.103 0.124paved and lighted 0.119 0.144Airports where the longest

runway is 5,000 feet or longer

between thresholds and isunpaved and unlighted $ 0.119 $ 0.144unpaved and lighted 0.155 0.188paved and unlighted 0.155 0.188paved and lighted 0.179 0.216

(4) beginning January 1, 2023 and ending December 31, 2023, the annual rental rates are as follows:

Airport Type Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land UsesAirports where the longest

runway is under 5,000 feet

long between thresholds is unpaved and unlighted$ 0.088$ 0.106unpaved and lighted 0.113 0.136paved and unlighted 0.113 0.136paved and lighted 0.131 0.158Airports where the longest

runway is 5,000 feet or longer

between thresholds and isunpaved and unlighted$ 0.131$ 0.158unpaved and lighted 0.171 0.207paved and unlighted 0.171 0.207paved and lighted 0.197 0.238

(5) beginning January 1, 2024, the annual rental rates are as follows:

Airport Type Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land UsesAirports where the longest

runway is under 5,000 feet

long between thresholds is

unpaved and unlighted $ 0.097 $ 0.113unpaved and lighted 0.124 0.147paved and unlighted 0.124 0.147paved and lighted 0.144 0.169Airports where the longest

runway is 5,000 feet or longer

between thresholds and is unpaved and unlighted $ 0.144 $ 0.169unpaved and lighted 0.188 0.220paved and unlighted 0.188 0.220paved and lighted 0.217 0.253

(b) Except as otherwise specified under (c) - (t) of this section, 17 AAC 45.205, or another applicable provision of this chapter, the department will charge and an airport user shall pay, the following annual rental rates in United States dollars for the use of land at the listed airports:

(1) beginning July 1, 2017 and ending December 31, 2018, the annual rental rates are as follows:

Airport Location Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land UsesAniak$0.140$0.110Bethel 0.1480.256Bettles, including

Bettles VOR Lake 0.052 0.048Big Lake 0.078 0.050Birchwood 0.098 0.119Cold Bay 0.096 0.058Cordova (Merle K.

"Mudhole" Smith) 0.148 0.131Cordova Municipal 0.066 NoneDillingham 0.148 0.125Fort Yukon 0.090 0.060Galena (Edward

G. Pitka Sr.) 0.096 0.062Gulkana 0.089 0.037Gustavus 0.148 0.120Haines 0.104 0.119Homer, including

Beluga Lake 0.148 0.156Iliamna 0.085 0.080King Salmon, ex-

cluding Naknek

River frontage

land 0.148 0.120King Salmon,

Naknek River

frontage land 0.148 0.174Klawock 0.148 0.178Kodiak 0.148 0.256Kotzebue (Ralph

Wien Memorial) 0.148 0.256Nome, excluding

Nome City Field 0.1480.168Nome City Field 0.066NoneNorthway 0.1200.120Petersburg (James

A. Johnson), filled

land 0.148 0.250Petersburg (James

A. Johnson), un-

filled land None0.130St. Mary's 0.1140.068Sitka (Rocky Guti-

errez) 0.1480.256Talkeetna 0.0980.119Tok Junction 0.0820.030Unalaska, includ-

ing revetment lots 0.098 0.170Utqia/Agvik (Bar-

row) (Wiley

Post/Will Rogers

Memorial) 0.148 0.256Valdez 0.148 0.040Willow 0.078 0.050Wrangell, filled

land 0.148 NoneWrangell, unfilled

landNone 0.120Yakutat0.148 0.178

(2) beginning January 1, 2019 and ending December 31, 2019, the annual rental rates are as follows:

Airport Location Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land UsesAniak$0.140$0.110Bethel 0.163 0.282Bettles, including

Bettles VOR Lake 0.057 0.053Big Lake 0.086 0.055Birchwood 0.108 0.131Cold Bay 0.106 0.060Cordova (Merle K.

"Mudhole" Smith) 0.163 0.144Cordova Municipal 0.073 NoneDillingham 0.163 0.138Fort Yukon 0.090 0.060Galena (Edward

G. Pitka Sr.) 0.106 0.068Gulkana 0.098 0.041Gustavus 0.163 0.132Haines 0.114 0.131Homer, including

Beluga Lake 0.163 0.172Iliamna 0.094 0.080King Salmon, ex-

cluding Naknek

River frontage

land 0.163 0.120King Salmon,

Naknek River

frontage land 0.163 0.191Klawock 0.163 0.196Kodiak 0.163 0.282Kotzebue (Ralph

Wien Memorial) 0.163 0.282Nome, excluding

Nome City Field 0.163 0.185Nome City Field 0.073 NoneNorthway0.1320.132Petersburg (James

A. Johnson), filled

land 0.163 0.275Petersburg (James

A. Johnson), un-

filled land None 0.130St. Mary's 0.125 0.075Sitka (Rocky Guti-

errez) 0.163 0.282Talkeetna 0.108 0.131Tok Junction 0.090 0.030Unalaska, includ-

ing revetment lots 0.108 0.187Utqia/Agvik (Bar-

row) (Wiley

Post/Will Rogers

Memorial) 0.163 0.282Valdez 0.160 0.040Willow 0.086 0.055Wrangell, filled

land0.163None

Wrangell, unfilled

land None 0.120Yakutat 0.163 0.180

(3) beginning January 1, 2020 and ending December 31, 2022, the annual rental rates are as follows:

Airport Location Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land UsesAniak $0.140$0.110Bethel 0.179 0.310Bettles, including

Bettles VOR Lake 0.063 0.058Big Lake 0.095 0.061Birchwood 0.119 0.144Cold Bay 0.117 0.060Cordova (Merle K.

"Mudhole" Smith) 0.179 0.158Cordova Municipal 0.080 NoneDillingham 0.179 0.152Fort Yukon 0.090 0.060Galena (Edward

G. Pitka Sr.) 0.117 0.075Gulkana 0.108 0.045Gustavus 0.179 0.145Haines 0.125 0.140Homer, including

Beluga Lake 0.179 0.189Iliamna 0.103 0.080King Salmon, ex-

cluding Naknek

River frontage

land 0.179 0.120King Salmon,

Naknek River

frontage land 0.179 0.210Klawock 0.179 0.200Kodiak 0.179 0.310Kotzebue (Ralph

Wien Memorial) 0.179 0.310Nome, excluding

Nome City Field 0.179 0.204Nome City Field 0.080 NoneNorthway 0.145 0.145Petersburg (James

A. Johnson), filled

land 0.179 0.303Petersburg (James

A. Johnson), un-

filled land None 0.130St. Mary's 0.138 0.083Sitka (Rocky Guti-

errez) 0.179 0.310Talkeetna 0.119 0.144Tok Junction 0.090 0.030Unalaska (includ-

ing revetment lots) 0.119 0.206Utqia/Agvik (Bar-

row) (Wiley

Post/Will Rogers

Memorial) 0.179 0.310Valdez 0.160 0.040Willow 0.095 0.061Wrangell, filled

land 0.179 NoneWrangell, unfilled

land None 0.120Yakutat 0.179 0.180

(4) beginning January 1, 2023 and ending December 31, 2023, the annual rental rates are as follows:

Airport Location Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land UsesAniak$0.140$0.110Bethel 0.197 0.341Bettles, including

Bettles VOR Lake 0.069 0.064Big Lake 0.105 0.067Birchwood 0.131 0.158Cold Bay 0.120 0.060Cordova (Merle K.

"Mudhole" Smith) 0.197 0.174Cordova Municipal 0.088 NoneDillingham 0.197 0.167Fort Yukon 0.090 0.060Galena (Edward

G. Pitka Sr.) 0.129 0.083Gulkana 0.119 0.050Gustavus 0.197 0.160Haines 0.138 0.140Homer, including

Beluga Lake 0.197 0.208Iliamna 0.113 0.080King Salmon, ex-

cluding Naknek

River frontage

land 0.197 0.120King Salmon,

Naknek River

frontage land 0.197 0.231Klawock 0.197 0.200Kodiak 0.197 0.341Kotzebue (Ralph

Wien Memorial) 0.197 0.341Nome, excluding

Nome City Field 0.197 0.224Nome City Field 0.088 NoneNorthway 0.160 0.160Petersburg (James

A. Johnson), filled

land 0.197 0.333Petersburg (James

A. Johnson), un-

filled land None 0.130St. Mary's 0.152 0.091Sitka (Rocky Guti-

errez) 0.197 0.341Talkeetna 0.131 0.158Tok Junction 0.090 0.030Unalaska (includ-

ing revetment lots) 0.131 0.227Utqia/Agvik (Bar-

row) (Wiley

Post/Will Rogers

Memorial) 0.197 0.341Valdez 0.160 0.040Willow 0.105 0.067Wrangell, filled

land 0.197 NoneWrangell, unfilled

land None 0.120Yakutat 0.197 0.180

(5) beginning January 1, 2024, the annual rental rates are as follows:

Airport Location Rate Per Square Foot Aeronautical

Land UsesNon-aeronautical

Land UsesAniak$0.140$0.110Bethel 0.217 0.375Bettles, including

Bettles VOR Lake 0.076 0.070Big Lake 0.116 0.074Birchwood 0.144 0.174Cold Bay 0.120 0.060Cordova (Merle K.

"Mudhole" Smith) 0.217 0.180Cordova Municipal 0.097 NoneDillingham 0.217 0.184Fort Yukon 0.090 0.060Galena (Edward

G. Pitka Sr.) 0.142 0.091Gulkana 0.131 0.055Gustavus 0.217 0.176Haines 0.152 0.140Homer, including

Beluga Lake 0.217 0.229Iliamna 0.124 0.080King Salmon, ex-

cluding Naknek

River frontage

land 0.217 0.120King Salmon,

Naknek River

frontage land 0.217 0.254Klawock 0.217 0.200Kodiak 0.217 0.375Kotzebue (Ralph

Wien Memorial) 0.217 0.375Nome, excluding

Nome City Field 0.217 0.246Nome City Field 0.097 NoneNorthway 0.176 0.176Petersburg (James

A. Johnson), filled

land 0.217 0.340Petersburg (James

A. Johnson), un-

filled land None 0.130St. Mary's 0.167 0.100Sitka (Rocky Guti-

errez) 0.217 0.375Talkeetna 0.144 0.174Tok Junction 0.090 0.030Unalaska (includ-

ing revetment lots) 0.144 0.250Utqia/Agvik (Bar-

row) (Wiley

Post/Will Rogers

Memorial) 0.217 0.375Valdez 0.160 0.040Willow 0.116 0.074Wrangell, filled

land 0.217 NoneWrangell, unfilled

land None 0.120Yakutat 0.217 0.180

(1) beginning July 1, 2017 and ending December 31, 2018, the annual rental rates are as follows:

(A) $0.148 per square foot for an aeronautical use on undeveloped land;

(B) $0.322 per square foot for an aeronautical use on land with a state-owned gravel pad;

(D) $0.422 per square foot for a non-aeronautical use on land with a state-owned gravel pad;

(2) beginning January 1, 2019 and ending December 31, 2022, the annual rental rates are as follows:

(A) $0.163 per square foot for an aeronautical use on undeveloped land;

(B) $0.354 per square foot for an aeronautical use on land with a state-owned gravel pad;

(D) $0.464 per square foot for a non-aeronautical use on land with a state-owned gravel pad;

(3) beginning January 1, 2023 and ending December 31, 2023, the annual rental rates are as follows:

(A) $0.179 per square foot for an aeronautical use on undeveloped land;

(B) $0.389 per square foot for an aeronautical use on land with a state-owned gravel pad;

(D) $0.510 per square foot for a non-aeronautical use on land with a state-owned gravel pad;

(4) beginning January 1, 2024 and ending December 31, 2024, the annual rental rates are as follows:

(A) $0.197 per square foot for an aeronautical use on undeveloped land;

(B) $0.428 per square foot for an aeronautical use on land with a state-owned gravel pad;

(D) $0.561 per square foot for a non-aeronautical use on land with a state-owned gravel pad;

(5) beginning January 1, 2025, the annual rental rates are as follows:

(A) $0.217 per square foot for an aeronautical use on undeveloped land;

(B) $0.471 per square foot for an aeronautical use on land with a state-owned gravel pad;

(D) $0.617 per square foot for a non-aeronautical use on land with a state-owned gravel pad.

(d) If the department determines in writing that any of the conditions described in this subsection apply to a premises under a lease, permit, or concession, the department will reduce the rental rate established for the premises under (a), (b), or (c) of this section by the amount indicated for each of the conditions that applies. The conditions that will justify a rental rate reduction under this subsection, and the rental rate reductions allowed for each condition are as follows:

(1) 10 percent, if

(A) at any location, except Deadhorse, unfilled land at Petersburg, and unfilled land at Wrangell, substantial fill or excavation by the lessee, permittee, or concessionaire is necessary so that the premises may be used in the manner authorized by the department; and

(B) the department did not make fill material on the airport available at no charge to the lessee, permittee, or concessionaire;

(2) 10 percent, if no part of the premises is within 200 feet of the nearest reasonable point of connection to a public utility sewer system or to a public utility water system and that connection to a public utility sewer or water system is available within 200 feet of other premises on the airport;

(3) 10 percent, if no part of the premises is within 200 feet of the nearest reasonable point of connection to a public utility electric power distribution source and that connection to a public utility electric power distribution source is available within 200 feet of other premises on the airport;

(4) 10 percent, if no part of the premises is within 200 feet of an existing public access road;

(5) 10 percent, if the premises are aeronautical premises otherwise suitable for use by fixed wing aircraft, and no part of the premises is within 200 feet of a public-use runway, taxiway, or apron.

(e) A rent reduction applied to a lease, permit, or concession under (d)(1) of this section does not apply to a successive lease, permit, or concession having substantially the same premises.

(f) If within the previous three years the department has accepted an appraisal of a premises under 17 AAC 45.205(d) or 17 AAC 45.297, in place of the rental rate determined under (a) - (c) of this section, the department will charge fair market rent, as determined by the appraisal, for use of the appraised premises, unless improvements to the airport made after the appraisal have upgraded the airport to a higher type under (a) of this section. If the department enters into a successive lease or a new lease for substantially the same uses on a premises for which the fair market rental rate is established by appraisal under this subsection, the appraisal-based rate remains in effect for three years from the date that rental rate took effect, unless the department determines by a more recent appraisal that the appraisal is no longer the best estimate of fair market rent.

(g) At department-owned seaplane floats and turnaround facilities, excluding assigned space designated by the department for float-equipped aircraft under 17 AAC 45.500 - 17 AAC 45.590, the department will charge fair market rent for the use of land, tideland, dock frontage, and float space.

(h) In addition to the rent payable under this section for any land leased with the building, the department may establish the rent charged for use of, or use of space in, a department-owned building on an airport by

(1) performing a market survey of the rent charged by the owners of reasonably comparable property; as part of the market survey the department will collect orally or in writing, from at least three market participants at a particular airport or at one or more comparable airports or off-airport properties, information regarding current fees and rentals being paid for comparable space or privileges as of the effective date of the survey; if the market survey indicates a fair market rent

(A) of $2,000 or less per month, the department will charge the rent determined by the market survey;

(B) in excess of $2,000 per month, the department will establish the rent by appraisal; or

(2) prorating the department's actual or estimated costs of operating the building, plus a rate of return of not less than five percent or more than 15 percent as the department determines is reasonable for economic circumstances at the airport, to the rentable square footage in the building; for purposes of this paragraph, the department's costs include administration, maintenance, repair, security, insurance or risk management, utilities, and capital amortization.

(i) In addition to the rental rate of any premises used, the department may charge a concession fee for the value of the department's authorization to conduct a non-aeronautical business opportunity on airport premises. Except as limited by any existing contract right, the department will require any lease or permit authorizing the sale on a department-operated airport of food and non-alcoholic beverages, alcoholic beverages, goods, or lodging to include an obligation to pay a concession fee calculated as a percentage of the gross sales of the authorized business in addition to land rent, building rent, or a business activity permit fee under this section. The concession fee on all sales of alcoholic beverages under the lease or permit is 12 percent of gross sales. The concession fees on gross combined sales of food and non-alcoholic beverages, goods, and lodging in excess of $50,000 in a calendar year, or in excess of a proportional amount for any partial calendar year at the beginning or end of the concession, are the following percentages:

(1) food and non-alcoholic beverages, six percent;

(2) goods, eight percent;

(3) lodging, five percent.

(j) The department will charge the following annual rent for the agricultural use of airport land if the department allows the use after considering airport planning, operation, and management issues, including any potentially associated bird or wildlife hazard and other safety and security matters:

(1) for land used only for crop cultivation purposes, $100 per acre; and

(2) for land used only for livestock grazing or harvesting uncultivated vegetation, excluding timber, $50 per acre.

(k) Except where a different fee is specified in this chapter, such as for an airport boundary crossing permit fee under (l) of this section, a commercial passenger vehicle permit fee under 17 AAC 45.095(k), and a business activity permit fee under (p) of this section, the minimum charge for all rents and fees assessed under this section, including any concession fee, is

(1) $250 for a permit with a term of 120 days or less;

(2) $625 for a lease, permit, or concession with a term of 121 days to one year; and

(3) $625 per year for a lease, permit, or concession with a term of more than one year.

(l) Subject to (m) and (n) of this section, the department will charge and a permittee must pay each year the greater of $150 or the applicable land rental rate for the square footage area of any right-of-way used for access across airport land between the airport boundary and a public road or aircraft operation area on the airport, plus an annual fee, in United States dollars, for an airport boundary crossing permit issued under 17 AAC 45.285 based on the following schedules:

(1) beginning July 1, 2017 and ending December 31, 2018, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Type of Airport Personal Use

Permit Fee Commercial Use

Permit Fee Airport where the longest runway

is under 5,000 feet long between

thresholds and isunpaved and unlighted $330 $660unpaved and lighted 432 858paved and unlighted 432 858paved and lighted 498 990 Airport where the longest runway

is 5,000 feet or longer between

thresholds and isunpaved and unlighted $498 $990unpaved and lighted 648 1,290paved and unlighted 648 1,290paved and lighted 750 1,488

(2) beginning January 1, 2019 and ending December 31, 2019, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Type of Airport Personal Use

Permit Fee Commercial Use

Permit Fee Airport where the longest runway

is under 5,000 feet long

between thresholds and isunpaved and unlighted $363 $726unpaved and lighted 475 944paved and unlighted 475 944paved and lighted 548 1,089 Airport where the longest runway

is 5,000 feet or longer between

thresholds and isunpaved and unlighted$548 $1,089unpaved and lighted 713 1,419paved and unlighted 713 1,419paved and lighted 825 1,637

(3) beginning January 1, 2020 and ending December 31, 2022, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Type of Airport Personal Use

Permit Fee Commercial Use

Permit Fee Airport where the longest runway

is under 5,000 feet long

between thresholds and isunpaved and unlighted$399 $799unpaved and lighted 5221,038paved and unlighted 5221,038paved and lighted 6021,198 Airport where the longest runway

is 5,000 feet or longer

between thresholds and isunpaved and unlighted$602$1,198unpaved and lighted 783 1,561paved and unlighted 783 1,561paved and lighted 906 1,801

(4) beginning January 1, 2023 and ending December 31, 2023, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Type of Airport Personal Use

Permit Fee Commercial Use

Permit Fee Airport where the longest

runway is under 5,000 feet long

between thresholds and is unpaved and unlighted$399 $879unpaved and lighted 5221,142paved and unlighted 5221,142paved and lighted 6021,318 Airport where the longest

runway is 5,000 feet or longer

between thresholds and is unpaved and unlighted$602$1,318unpaved and lighted 783 1,717paved and unlighted 783 1,717paved and lighted 906 1,981

(5) beginning January 1, 2024, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Type of Airport Personal Use

Permit Fee Commercial Use

Permit Fee Airport where the longest

runway is under 5,000 feet long

between thresholds and isunpaved and unlighted$399$897unpaved and lighted 5221,165paved and unlighted 5221,165paved and lighted 6021,345 Airport where the longest

runway is 5,000 feet or longer

between thresholds and isunpaved and unlighted$602$1,345unpaved and lighted 783 1,752paved and unlighted 783 1,752paved and lighted 906 2,021

(6) For the Tok Junction Airport, the annual boundary crossing fees are as follows:

Effective Period Personal Use

Permit Fee Commercial Use

Permit Fee Beginning July 1, 2017

and ending December 31,

2018 $498 $990 Beginning January 1, 2019

and ending December 31,

2019 548 1,089 Beginning January 1, 2020

and ending December 31,

2022 603 1,198 Beginning January 1, 2023

and ending December 31,

2023 663 1,318Beginning January 1, 2024 675 1,450

(m) A personal-use airport boundary crossing permit fee will be assessed under (l) of this section if the use of the boundary crossing is solely for a personal or a non-governmental not-for-profit purpose. A commercial use airport boundary crossing permit fee will be assessed if the use of the boundary crossing is for or in connection with a for-profit business activity or a government agency function.

(n) The department may perform an appraisal to determine the fee to be charged for an airport boundary crossing permit. If the fee based on an appraisal is higher than the fee charged under (l) of this section, the department will charge the annual fee for an airport boundary crossing permit based on the appraisal.

(o) A person who holds a lease, permit, or concession that authorizes operation of a commercial fueling service at an airport must pay to the department a fuel flowage fee in addition to the rent or other fee charged in the person's lease, permit, or concession. The fuel flowage fee is 5.0 cents per gallon of fuel sold, dispensed, or delivered by or on behalf of the person or otherwise under the person's authorization at the airport. The fuel flowage fee applies only once on a gallon of fuel at an airport. Unless the lease, permit, or concession provides otherwise, the following are exempt from the fuel flowage fee:

(1) fuel to be used exclusively for building heating;

(2) fuel delivered to an aircraft for carriage off the airport as manifested cargo in a container not connected to the aircraft's engine;

(3) fuel carried to an airport aboard an aircraft if off-loaded to or in a storage or transport container for use only off the airport.

(p) A person required to hold a business activity permit under 17 AAC 45.105 on an airport shall pay a non-refundable annual permit fee of $625.

(q) An appraisal for purposes of this section must be performed by a person who is certified under AS 08.87 as a general real estate appraiser. The department may establish written instructions for the appraiser that are reasonable and consistent with generally accepted real estate appraisal practices.

(r) Unless otherwise provided in this chapter, all fees, including an application fee for a lease, permit, or concession under this chapter, are non-refundable.

(s) The department may charge an applicant, bidder, or proposer under this chapter a reasonable amount calculated to cover the cost of reproduction, printing, mailing, and distribution of relevant contract and solicitation documents.

(t) The rental rate for any portion of an area specifically designated under 17 AAC 45.020(c), 17 AAC 45.135, 17 AAC 45.140, or 17 AAC 45.145 for aeronautical or non-aeronautical land use may not be lower than the rate applicable to the class of use for which the land is designated. The provisions of this subsection apply regardless of authorized or actual use under the lease, unless, when aeronautical use land is not available, the department approves aeronautical use for land designated for non-aeronautical use. In these circumstances, the department may charge the rental rate for aeronautical use even if lower than the rental rate for the designated use.

(u) For purposes of this section, "public utility" means an entity that provides sewer, water, or electrical services that are available to all persons located within the area in which those services are provided.

History

Authority: AS 02.15.020; AS 02.15.070; AS 44.42.020 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; em am 6/16/2008 - 10/13/2008, Register 187; am 4/23/2009, Register 190; am 4/4/2013, Register 206; am 3/20/2016, Register 217; am 7/1/2017, Register 222; am 5/14/2021, Register 238; am 1/19/2022, Register 241

17 AAC 45.128 Landing at Sand Point Airport fees

(a) An airport user shall pay a fee for each full-stop landing at the Sand Point Airport by an aircraft with a CMGTW of more than 6,000 pounds. The landing fee is $5.50 per 1,000 pounds CMGTW, rounded to the next highest 1,000 pounds.

(b) The following are exempt from the payment of landing fees:

(1) Aircraft engaged in flights required for Federal Aviation Administration mandated maintenance; and

(2) Aircraft owned by a domestic governmental entity or the Civil Air Patrol.

(c) Landing fees shall be paid to the department not later than the 15th day of the month following the month in which the landing occurred. Payments must be accompanied by a report on a form prescribed by the department specifying the aircraft registration identifier number and CMGTW, and the dates of all landings during the reported month.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 2/21/2019, Register 229

17 AAC 45.130 Waiver of rents or fees

Except when awarding a lease, permit, or concession under 17 AAC 45.300 - 17 AAC 45.399, if the commissioner determines that it is in the best interest of the state to do so, the commissioner will waive or reduce the charge, rent, or fee for

(1) an easement, permit, or right-of-way for a public road or a public access way that serves an airport;

(2) a lease, license, easement, right-of-way, or permit granted to a government agency for an activity directly related to and in support of the operation of an airport;

(4) a land lease or permit to a local government for a local government-owned passenger terminal or passenger shelter building on an airport that provides the primary transportation access for a community with a population of at least 25 but less than 1,500, subject to the following conditions:

(A) the land and building may be used for only airport terminal purposes and not for any other private or community purpose;

(B) the land and building must be available for public use free-of-charge, except as provided in (D) of this paragraph, and on a non-discriminatory basis;

(C) the land and building may not be used for revenue-generating purposes, except as provided in (D) of this paragraph; and

(D) if and to the extent authorized in the lease and approved by the department, the local government may charge fees no greater than required to recover building operation and maintenance costs;

(5) a lease or permit for use of land by a local government for community purposes if

(A) contribution of the airport property enhances public acceptance of the airport in a community in the immediate area of the airport;

(B) community use of the land does not adversely affect the capacity, security, safety, or operations of the airport;

(6) a public service sign, public weather shelter, or public restroom facility owned and maintained by the lessee or permittee for the benefit of airport users, subject to the following conditions:

(A) the land and any building may not be used for any use other than a public service sign, public weather shelter, or public restroom facility;

(B) the land and any building must be available for public use free-of-charge and on a non-discriminatory basis;

(7) an aviation museum.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

17 AAC 45.135 Airport planning and programs for FAA compliance

If the department determines that it is the best interest of the state to do so, the department will prepare and, as appropriate, revise in conformity with applicable guidance published by the FAA, any manual, plan, or program required by the FAA for eligibility of the airport for federal funds or for participation in a federal aviation program. A manual, plan, or program prepared under this section is an information resource that the department and the airport manager may consult in making decisions under this chapter, but is not mandatory guidance or a regulation of the department.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.140 Airport noise compatibility program

(a) If the department determines that it is in the best interest of the state and of members of the public living or working in areas near the airport that are or may be affected by noise from aircraft using the airport, the department will develop a program to improve compatibility between the operation of those aircraft and the surrounding community.

(b) The department will follow the procedures of AS 44.62.180 - 44.62.290 in developing a noise compatibility program under this section. A noise compatibility program developed by the department must be approved by the FAA under 14 C.F.R. 150.23, as amended as of January 1, 2007, before it is forwarded to the commissioner.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.145 Airport zoning

(a) The commissioner may determine in writing that the adoption of zoning for and surrounding an airport for the purpose of establishing appropriate land use is in the best interest of the state. If the commissioner makes that determination, the department will develop a plan of formally designated and zoned areas of and surrounding the airport that complies with the requirements of AS 02.25.010 - 02.25.110.

(b) An airport zoning plan developed by the department under (a) of this section must provide for the safe, effective, and efficient operation and use of the airport area and optimize development on the airport. The department will follow the procedures of AS 44.62.180 - 44.62.290 in developing the plan and will forward the plan to the commissioner for possible adoption by reference in this chapter.

(c) The department, in developing airport zoning under this section, will consider sound airport planning and will ensure compliance with applicable federal law and the achievement or maintenance of eligibility to receive federal money and to participate in federal aviation programs.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.25.030 AS 02.15.060; AS 02.25.020
Eff. 3/28/2002, Register 161

17 AAC 45.150 Opportunity to comment

(a) The department will notify the public in accordance with 17 AAC 45.400 and provide an opportunity to comment before adopting or substantially revising any noise compatibility program under 17 AAC 45.140 or zoning plan under 17 AAC 45.145.

(b) In addition to the requirements of (a) of this section, before developing a zoning plan under 17 AAC 45.145, the department will also conduct a hearing on the plan in accordance with AS 02.25.030.

History

Authority: AS 02.15.020; AS 02.15.200 AS 02.15.060; AS 02.25.030
Eff. 3/28/2002, Register 161

Article 2 Authorization for Use of Rural Airport Property

17 AAC 45.200 Lease, permit, concession, or other interest for use of airport property

(a) Except as otherwise provided in (b) of this section, 17 AAC 45.200 - 17 AAC 45.299 apply to a lease, permit, concession, or other interest for use of airport property.

(b) The provisions of 17 AAC 45.200 - 17 AAC 45.299 do not apply to

(1) a commercial passenger vehicle permit under 17 AAC 45.095;

(2) a business activity permit under 17 AAC 45.105;

(3) an assigned aircraft parking permit under 17 AAC 45.500 - 17 AAC 45.590;

(4) a transient aircraft parking permit under 17 AAC 45.600; or

(5) a first amendment activity permit under 17 AAC 45.800 - 17 AAC 45.810.

(c) A permit issued under this chapter does not convey the right to make permanent improvements to an affected premises and does not convey a preferential right to a new permit or a term extension under AS 02.15.090(c).

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.25.090
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168

17 AAC 45.205 Application for or material amendment to a lease, permit, concession, or other interest

(1) a description of the property or interest requested;

(2) a description of the proposed activity or business and, if the applicant proposes a business use, a description of the activities proposed to be conducted on the airport and a copy of the applicant's business license;

(3) a description, site plan, cost estimate, and method of financing for the proposed improvements;

(4) a list of any aircraft that the applicant intends to base on the airport;

(5) a non-refundable application fee of

(A) $500, if the application is for a new lease, concession, or other interest;

(B) $250, if the application is for a successive lease, a new permit, or a term extension for, or a material amendment to, an existing lease, permit, concession, or other interest; or

(C) no charge, if the applicant is a federal agency that is exempt from the fee under federal law or the terms of a grant to the department; and

(6) the length of term or extension requested;

(7) repealed 3/22/2008.

(b) If an applicant applies for either a land lease or a land lease term extension based on investment, purchase price, fair market value, or remaining useful life of the permanent improvements, the applicant shall submit with the application, and in accordance with 17 AAC 45.230, the following:

(1) a statement of the dollar amount, excluding financing costs, of any proposed investment in the premises and the applicant's written agreement to make that investment for, as applicable,

(B) premises boundary and as-built surveys;

(D) site development materials;

(F) costs related to utility infrastructure development or connection;

(2) documentation of the purchase price, excluding financing costs, of permanent improvements that the applicant acquired from a previous lessee and that are located on the premises;

(3) documentation of any investment, excluding financing costs, that the applicant has made on the premises for work or materials

(A) described in (1)(A) - (F) of this subsection;

(B) approved by the department in an airport building permit or other written approval under 17 AAC 45.280 or under 17 AAC 40 in effect before March 28, 2002; and

(4) a written appraisal, prepared in accordance with 17 AAC 45.230(a)(3), of the fair market value of any permanent improvements that the applicant owns or has contracted to acquire that are located on the premises; or

(5) a written opinion, prepared in accordance with 17 AAC 45.230(a)(4), of the remaining useful life of the existing permanent improvements that the applicant owns or has contracted to acquire that are located on the premises.

(c) An application for a successive lease of land may not be submitted earlier than one year before the expiration of the remaining lease term.

(d) An applicant that believes the rental rate established under 17 AAC 45.127 for the lease the applicant seeks would exceed fair market rent may, at the applicant's expense, use the protest procedures in 17 AAC 45.297(c) - (i) to establish the fair market rental rate for the lease by appraisal. This subsection does not apply if the applicant is seeking to modify an existing lease.

(e) To make a determination whether an application is eligible under 17 AAC 45.215(a), the department may require the applicant to submit additional information relevant to the applicant's eligibility for consideration without competition.

History

Authority: AS 02.15.020; AS 02.15.090; AS 37.15.470 AS 02.15.060; AS 02.15.210; AS 37.15.540
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 7/1/2017, Register 222

17 AAC 45.210 Consideration of application for a lease, permit, concession, material amendment, or other interest subject to competition

(a) This section applies to an application for a lease, permit, concession, material amendment, or other interest submitted under 17 AAC 45.205, except an application for a land lease that the department has determined under 17 AAC 45.215(b) is eligible for consideration without competition under AS 02.15.090(c). The department may determine under 17 AAC 45.300(a) or under (g) of this section that a lease, permit, concession, or other interest for which an applicant has applied under this section will be awarded by competitive means under 17 AAC 45.300 - 17 AAC 45.399.

(b) The department will review the application and will determine whether it is approvable, subject to public notice and comment under 17 AAC 45.400. An application is approvable under this subsection unless

(1) the proposed use is prohibited by or inconsistent with

(A) the state's obligations under a covenant running with the airport land;

(B) an exclusive right, consistent with FAA requirements, granted by the department to another person;

(D) the applicable provisions of this chapter and of any other statute or regulation, including any relating to noise or airport land use; or

(E) any applicable FAA grant assurance incorporated by reference under 17 AAC 45.010(e) or any written plan or program required for compliance with applicable state or federal law;

(2) the proposed use would be inconsistent with the best interest of the state;

(3) the department has already issued final approval of an application submitted under 17 AAC 45.215 for the same land, and the time under (i) of this section or 17 AAC 45.215(j), as applicable, for execution of a lease, permit, or concession has not expired;

(4) the department has received an approvable application that has a proposed use of higher priority as determined under (e) of this section;

(5) the applicant fails to establish financial responsibility acceptable to the department; or

(6) approval must be denied under 17 AAC 45.010(g).

(c) If the department determines that an application is approvable, subject to public notice and comment under 17 AAC 45.400, and the department has not received another approvable application to put the same land, space, or interest to a use of the same or higher priority as provided in (e) of this section, the department will provide public notice of the application in accordance with 17 AAC 45.400 and this section. The department will include in a notice under this section a request for competing applications, except with respect to an application for a term extension or change in authorized use of a lease, permit, or concession with a year or more of term remaining. If the department requires newspaper publication of the notice under 17 AAC 45.400, the applicant shall pay the cost of publication, unless the applicant is exempt from the payment under federal law or the terms of a grant to the department.

(d) After the public comment period set in the notice given under (c) of this section, including any extension of that period, has closed, the department will consider any public comment or objection, or application for the same property or interest, that the department received in writing before the close of the public comment period and all facts known to the department, but not any public comment or objection received after the close of the public comment period. The department will review any other application for the same property or interest that the department received before the close of the public comment period to determine whether any other application is approvable under (b) of this section or under 17 AAC 45.215(b). The department will determine whether the noticed application remains approvable under (b) of this section in light of all facts known to the department. The department will either:

(1) send notice of the department's intent to execute a lease, permit, concession, material amendment, or other interest to the applicant and to any person from whom the department received within the public comment period, written comment or objection, or other application for the same property or interest, and who provided a return address;

(2) if the department received no written comment or objection, or other application during the comment period, enter into a lease, permit, concession, material amendment, or other interest with the applicant; or

(3) send notice of the department's intent not to execute the lease, permit, concession, material amendment, or other interest to the applicant, and to any person from whom the department received written comment or objection, or other application for the property or interest, within the comment period and who provided a return address, along with a written decision showing that

(A) the department received, within the public comment period, at least one other approvable competing application of the same or higher priority class of use determined under (e) of this section;

(B) the department will award the property or interest by competitive means, either under (g) of this section or for a reason set out in 17 AAC 45.300(a); or

(e) If the department timely receives two or more approvable applications submitted under 17 AAC 45.205 for different classes of use of the same or overlapping property or interest, the conflict is not mutually resolved by the applicants, and no application qualifies for consideration without competition under 17 AAC 45.215, the department will determine which application to present for public notice under (c) of this section according to the following priority order among classes of use, to the extent not inconsistent with sound airport planning at the airport in question:

(1) an aeronautical use;

(2) a non-aeronautical use.

(f) The department will execute a lease, permit, concession, or other interest for a combination of two or more classes of use if the department determines that the combination of uses is in the best interest of the state.

(g) If, either before providing public notice under (c) of this section regarding an application for a property or interest or by the date set in that notice, the department has received more than one application to put the same property or interest to a use of the same priority as provided in (e) of this section and which is also subject to and approvable under (b) of this section, the department will send to each applicant and to each person who submitted a written comment or objection during any comment period and who provided a return address, notice of the department's intent to award the property or interest by competitive means under 17 AAC 45.300 - 17 AAC 45.399.

(h) The department may mail or deliver to the applicant a proposed lease, permit, concession, material amendment, or other document form for the interest determined to be approvable under (b) of this section. After final approval under (d) of this section, the department will mail or deliver to the applicant a final lease, permit, concession, or other document form for the interest approved unless the final document form is unchanged from a proposed form the department previously mailed or delivered to the applicant. If the applicant does not sign and mail or deliver the final form lease, permit, concession, or other document form back to the department within 30 days after the later of the date that the department mails or delivers the form to the applicant or the date of the close of the public comment period, the department will not enter into the lease, permit, concession, or other interest and will so notify the applicant in writing. The department may extend the response time provided under this subsection for good cause shown. To request an extension, the applicant must submit to the department a written request for extension stating the reasons for the request.

(i) The department may execute a lease, permit, concession, or other interest

(1) no earlier than

(A) the day after the date set for submission of public comment, objection, or competing application if the department receives none; or

(B) if the department receives timely written comment, objection, or competing application in response to the notice under (c) of this section, eight days after the mailing of the notice of intent to execute the lease, permit, concession, or other interest under this section; and

(2) no later than 270 days after the date set in the notice given under (c) of this section for submission of public comment, objection, or competing application; the department may extend the period for execution by a total of no more than 90 additional days upon a showing by the applicant that either the applicant had fulfilled all requirements for the department's execution before the one year period expired or any failure of the applicant to do so was caused by factors beyond the applicant's control.

(j) The department will state in writing any decision to deny an application or request for an extension under this section, including the reasons for the denial. An applicant may protest the denial of an application or the denial of a request for an extension in accordance with 17 AAC 45.910.

(k) If the department determines that a competing application received during a comment period in response to a public notice under this section is not approvable, the department will consider the denied application as an objection to execution of the advertised interest.

History

Authority: AS 02.15.020; AS 02.15.090; AS 37.15.470 AS 02.15.060; AS 02.15.210; AS 37.15.540
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

17 AAC 45.215 Consideration of application for a land lease or a term extension of a land lease without competition

(a) This section applies only to an application for a land lease, or a term extension of a land lease, that is eligible for consideration without competition under AS 02.15.090(c) because the applicant

(1) is a lessee under and the application relates to a land lease that either has not expired or is in holdover; and

(2) is applying for the same land and substantially the same use as stated in the existing lease.

(b) The department will review an application to which this section applies to determine whether the application is eligible under the standards stated in (a) of this section for consideration under AS 02.15.090(c) and whether the application is approvable, subject to public notice and comment under 17 AAC 45.400. The application is approvable, subject to public notice and comment under 17 AAC 45.400, if

(1) denial of the application is not required under 17 AAC 45.010(g);

(2) the continued use by the applicant is not inconsistent with written airport operation policies, including

(A) an exclusive right, consistent with FAA requirements, granted by the department in writing to another person;

(B) documents relating to sound airport planning or considerations of security, safety, maintenance, or operation of the airport;

(C) the applicable provisions of this chapter and of any other statute or regulation, including any relating to noise or airport land use;

(D) any applicable FAA grant assurance incorporated by reference under 17 AAC 45.010(e);

(E) any written plan or program required for compliance with applicable state or federal law;

(F) the state's obligations under a covenant running with airport land; and

(G) operational orders the department issues under 17 AAC 45.010(a) or under any other state or federal law; and

(3) the continued use is in the best interest of the state.

(c) If the department determines that an application is approvable, subject to public notice and comment under 17 AAC 45.400, the department will provide public notice of the application in accordance with 17 AAC 45.400 and this section. In addition to the information required under 17 AAC 45.400(e), the department will include in the notice a statement that the application appears to be eligible under (a) of this section for consideration without competition under AS 02.15.090(c). If the department requires newspaper publication of the notice under 17 AAC 45.400, the applicant shall pay the cost of publication, unless the applicant is exempt from the payment under federal law or the terms of a grant to the department.

(d) After the public comment period set in the notice given under (c) of this section, including any extension of that period, has closed, the department will consider any public comment or objection, including another application for the same land considered as an objection under (n) of this section, that the department received in writing before the close of the public comment period and all facts known to the department, but not any public comment or objection received after the close of the public comment period.

(e) The department will consider the existence of a competing application or the potential for gaining increased revenue for the department in determining the best interest of the state regarding an application under this section. If increased revenue for the department is a factor upon which the department determines that it is in the best interest of the state to offer the lease competitively, the department will use the procedures under 17 AAC 45.303 to offer the lease competitively. After opening all bids under 17 AAC 45.315, the department will approve the application of the existing lessee if the existing lessee agrees to meet the highest revenue amount bid by any other person, but not less than the applicable rental rate under 17 AAC 45.127.

(f) Based on consideration of public comment or objection under (d) of this section, the department will either

(1) confirm in writing that the applicant satisfies the standards described in (a) of this section and that the application satisfies each consideration described in (b) of this section; or

(2) state in writing each standard described in (a) of this section and each consideration described in (b) of this section that the applicant or application does not satisfy and send to the applicant, and to each person who submitted a written comment or objection during any comment period and who provided a return address, written notice of the department's intent to deny the application, to consider the application under 17 AAC 45.210, or to make the lease lot available for lease by competitive means under 17 AAC 45.300 - 17 AAC 45.399.

(g) If under (f)(1) of this section the department confirms in writing that the applicant satisfies the standards and considerations described in (a) and (b) of this section, and if the department has received written comment or objection, or another application during the comment period, then the department will send to the applicant and to each person who submitted a timely written comment or objection or other application and who provided a return address, notice of the department's intent to execute a new land lease with the applicant or a term extension to the applicant's existing land lease.

(h) If under (f)(1) of this section the department confirms in writing that the applicant satisfies the standards described in (a) of this section and that the application satisfies each consideration described in (b) of this section, and if the department has received no written comment or objection, or other application during the comment period, then the department will enter into a new land lease with the applicant or a term extension to the applicant's existing land lease.

(i) The department may mail or deliver a proposed lease or a lease supplement or material amendment to the applicant when an application is determined to be approvable under (b) of this section. After final approval under (f)(1) of this section, the department will mail or deliver to the applicant a final lease, permit, concession, or other document form for the interest approved unless the final document form is unchanged from a proposed form the department previously mailed or delivered to the applicant. The applicant shall sign and mail or deliver the final form lease, lease supplement, or amendment back to the department within 30 days after the later of

(1) the date that the department mails or delivers the final form to the applicant;

(2) the date that the department notifies the applicant that approval of the application is final after consideration of written comment or objection or other application; or

(3) the close of the public comment period.

(j) The department may extend the response time provided under (i) of this section for good cause shown. To request an extension, the applicant must submit to the department, before expiration of the response time, a written request for extension stating the reasons for the request.

(k) The department may execute a lease, lease supplement, or amendment under this section only

(1) no later than 270 days after the date set for submission of public comment or objection in the notice given under (c) of this section; the department may extend the period for execution by a total of no more than 90 additional days upon a showing by the applicant that either the applicant had fulfilled all requirements for the department's execution before the one year expired or any failure of the applicant to do so was caused by factors beyond the applicant's control; and

(2) no earlier than

(A) the day after the date set for submission of public comment or objection if the department receives none; or

(B) if the department receives a timely comment or objection in response to the notice under (c) of this section, eight days after the mailing of a notice of intent to execute under this section.

(l) The department will state in writing any decision to deny an application or request for an extension under this section, including the reasons for the denial. An applicant may protest the denial of an application or the denial of a request for an extension in accordance with 17 AAC 45.910.

(m) This section does not apply to a permit, concession, or building lease.

(n) The department will consider any competing application for use of all or a portion of the same land that the department receives during a comment period in response to a public notice under (c) of this section as an objection to execution of the advertised interest. However, if the application being presented for public comment is for a successive lease or a term extension of a lease with less than one year of term remaining, and the department does not determine that it is in the best interest of the state to execute the successive lease or term extension without offering the interest to other persons, the department will process a competing application under 17 AAC 45.210.

History

Authority: AS 02.15.020; AS 02.15.090; AS 37.15.470 AS 02.15.060; AS 02.15.210; AS 37.15.540
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.220 Lease, permit, concession, or other interest term limitations

(a) The maximum period for the term of a lease, permit, concession, or other interest, including extensions and periods of holdover, relating to an airport is 55 years.

(b) Before the department approves or extends the term of a lease, permit, concession, or other interest for a non-aeronautical use of a premises that the department has determined in writing will be needed for an aeronautical use in the future, the department will first estimate when the premises will likely be needed for aeronautical use. A term or a term extension for a non-aeronautical use of those premises may not run beyond the time that the department estimates the premises will become needed for an aeronautical use and is subject to further extension only to the extent that need does not arise or is otherwise satisfied or deferred by the department.

(c) Before the department approves or extends the term of a lease, permit, concession, or other interest for any use of a premises that the department has determined in writing will be needed for airport development in the future, the department will first estimate when the premises will likely be needed for airport development. A term or a term extension for use of those premises may not run beyond the time that the department estimates the premises will become needed for airport development and is subject to further extension only to the extent that need does not arise or is otherwise satisfied or deferred by the department.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 3/28/2002, Register 161; am 3/20/2016, Register 217

17 AAC 45.225 Land lease term or term extension

(a) This section describes methods for setting the term of a land lease and extending an existing land lease, including a lease in holdover, except for a land lease term or term extension subject to 17 AAC 45.235. A term or term extension under this section is subject to the limitations of 17 AAC 45.215 and 17 AAC 45.220 and the considerations in (b) of this section.

(b) In setting or extending the term for a land lease, the department will consider

(1) the applicant's actual or proposed development and use of the premises;

(2) sound airport planning and anticipated needs for security, safety, maintenance, and operation of the airport;

(3) future development needs of the airport;

(4) applicable covenants running with the land and restrictions in the state's title to airport property;

(5) the amount of investment, purchase price, fair market value, or remaining useful life of permanent improvements documented in the application, as applicable;

(6) the applicant's plan for remediation of any environmental contamination if the applicant did not cause or materially contribute to the contamination;

(7) the proposed method and terms of financing the applicant's investment; and

(8) the best interest of the state.

(c) For a new lease that is not a successive lease, the department will grant an initial term that does not exceed the number of years shown in the table in (j) of this section that corresponds to the greater of

(1) the total of the applicant's

(A) purchase price, excluding financing costs, of pre-existing permanent improvements owned by the applicant on the premises, in compliance with (h)(2) of this section and not previously used by the applicant to set lease term;

(B) existing investment in permanent improvements owned by the applicant not previously used to set lease term, in compliance with (h)(1) of this section; and

(C) proposed new investment excluding financing costs, in an amount equal to the reasonable cost of one or more of the following, in compliance with (h)(1) of this section:

(i) premises, boundary, and as-built surveys;

(ii) permanent improvements and any associated site development work and site development materials on the premises;

(iii) remediation of contamination for which the applicant is not responsible under this chapter either on the premises or migrating from the premises; and

(iv) extension of a road, taxiway, or utility that originates on or off the airport to the premises; or

(2) the dollar amount of a loan in compliance with (h)(3) of this section.

(d) For a successive lease, the department will grant an initial term that does not exceed the greatest of

(1) the number of years shown in the table in (j) of this section that corresponds to the total of the factors described in (c)(1) of this section;

(2) the number of years shown in the table in (j) of this section that corresponds to the total of

(A) the fair market value, as determined by an appraisal performed within the previous year, of existing permanent improvements owned by the applicant on the premises; and

(B) the applicant's proposed new investment to perform activities described in (c)(1)(C) of this section in compliance with (h)(1) of this section;

(3) the number of years of remaining useful life of the principal applicant-owned permanent improvement on the premises, up to the total cumulative years of term previously granted for the previous lease on the basis stated in (c)(1) of this section; or

(4) five years.

(e) For extension of an existing lease with less than one year of remaining term or in holdover, after giving public notice of the proposed extension under 17 AAC 45.215(c) and considering the factors in (b) of this section, the department will grant a term extension that does not exceed five years less than the longest term the application would support as the initial term of a successive lease under (d) of this section.

(f) For extension of an existing lease with one year or more of remaining term, after giving public notice of the proposed extension under 17 AAC 45.215(c) and considering the factors in (b) of this section, the department will grant a term extension that does not exceed five years less than the period determined under (c) of this section.

(g) If more than one of the methods provided in (c) - (f) of this section can be applied to determine the maximum term of the new lease, successive lease or term extension, the lessee has the option to choose which method the department must use.

(h) An application for a term or term extension under (c) - (f) of this section must include all documentation required under 17 AAC 45.230, and must satisfy each of the following conditions:

(1) a proposed or existing investment in the premises, not previously used to set lease term, to perform activities described in (c)(1)(C) of this section must be

(A) approved by the department in an airport building permit issued under 17 AAC 45.280 or in an airport building permit or other written approval under 17 AAC 40 in effect before March 28, 2002; and

(B) documented by the applicant's submission under 17 AAC 45.230(a)(1) no later than the later of December 31, 2008, or 60 days after the expiration of the applicable airport building permit; the department will extend this deadline for submission of documentation if the applicant shows good cause for an extension;

(2) the purchase price of existing permanent improvements on the premises must be

(A) for a purchase in a fair market transaction not entered into primarily to gain lease term;

(B) not previously used by the applicant as the basis for determination of lease term;

(C) for privately-owned permanent improvements; site development work and site development materials, including a driveway, parking area, gravel, and pavement, are ineligible for inclusion in a purchase price to support term because they become property of the state upon placement; and

(D) documented by the applicant's submission under 17 AAC 45.230(a)(2) no later than the later of December 31, 2008, or two years after the date of the purchase;

(3) the dollar amount of a loan other than for purchase of improvements on the premises may be used only to the extent

(A) the loan is a new loan from a bank or other commercial lending institution for operating or capital expenses of the applicant's operations at the airport;

(B) the bank or other commercial lending institution providing the loan conditions the loan on the term or term extension;

(D) the dollar amount of the loan applied to support term does not exceed the fair market value of lessee-owned permanent improvements on the premises, plus any proposed investment by the applicant in new permanent improvements.

(i) The term of any extension that the department grants under (e) - (f) of this section

(1) for term based on investment in new improvements must be added to the end of the lease; or

(2) for term based on purchase price must be added to the end of the lease, less any lease term or term extension remaining as of the earlier of the date of the department's consent to the lease assignment or closing of the purchase of permanent improvements.

(j) The department will use the following table, to determine the maximum lease term or lease term extension the department may grant under (c) or (d) of this section:

Fair Market Value, Purchase

Price, or Investment of at

Least the Following

Dollar Amount Term of Years 7,500615,000722,500830,000937,5001045,0001152,5001260,0001367,5001475,0001582,5001690,0001797,50018105,00019112,50020120,00021127,50022135,00023142,50024150,00025157,50026165,00027172,50028180,00029187,50030195,00031202,50032210,00033217,50034225,00035232,50036240,00037247,50038255,00039262,50040270,00041277,50042285,00043292,00044300,00045307,50046315,00047322,50048330,00049337,50050345,00051352,50052360,00053367,50054375,00055

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 5/25/2017, Register 222

17 AAC 45.230 Documentation of costs, purchase price, opinion of remaining useful life, or fair market value of permanent improvements

(a) If an applicant or lessee requests a lease term for a new lease or an extension of an existing lease based on

(1) reasonable local market rate costs the applicant or lessee incurred for items described in 17 AAC 45.225(c)(1)(C), the applicant or lessee must document those costs, excluding financing costs, by providing

(A) a statement of project costs signed by the contractor who performed the work;

(B) a statement of project costs signed by a certified public accountant;

(D) a notarized affidavit signed by the applicant or lessee attesting to the project costs, with an itemized listing of site costs and copies of invoices reflecting payment of those costs; or

(2) purchase price of permanent improvements owned by the applicant or lessee, the applicant or lessee must document the purchase price by providing

(4) remaining useful life of existing permanent improvements the applicant or lessee owns that are located on the premises, the applicant or lessee must document the remaining useful life in a written opinion; the opinion must

(A) be prepared by an architect or engineer registered under AS 08.48 or a general real estate appraiser certified under AS 08.87;

(B) be based on generally accepted professional standards; and

(b) The department will accept an appraisal of fair market value or an opinion of remaining useful life prepared under (a) of this section if the appraisal or opinion meets generally accepted professional standards and is prepared in accordance with any instructions established by the department consistent with those standards.

(c) The applicant or lessee must obtain and submit any appraisal of fair market value or opinion of remaining useful life under (a) of this section at the applicant's or lessee's sole expense.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.235 Permit, concession, building lease, or government agency land lease term or term extension

The department will set the term or term extension for a permit, concession, building lease, or government agency land lease based on the following considerations:

(1) the applicant's actual or proposed development and use of the premises;

(2) sound airport planning and anticipated needs for security, safety, maintenance, and operations of the airport;

(3) future development needs of the airport;

(4) applicable covenants and restrictions in the state's title to airport property;

(5) the applicant's actual or proposed investment in permanent improvements and site development;

(6) the needs of a government agency applicant;

(7) the best interest of the state.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 3/28/2002, Register 161

17 AAC 45.240 Agreement to complete construction or remediation

(a) If the department grants a lessee, permittee, or concessionaire a term or term extension for a land lease based on proposed construction or remediation on the premises, the lessee, permittee, or concessionaire must agree to complete the construction or remediation within the following periods:

(1) in the case of construction, the time that the department sets in the lease, permit, or concession; the time set will not exceed two years unless the lessee shows to the department's satisfaction that a longer period of time is required considering the cost, type, and phasing of construction and any required remediation under 17 AAC 45.225(b)(6) and that granting a longer period of time to complete the construction or remediation is not inconsistent with the best interest of the state; or

(2) in the case of remediation, the time set in a remediation plan that the lessee, permittee, or concessionaire submits under 17 AAC 45.225(b)(6) and that the department approves.

(b) The department will require a performance bond, deposit, personal guarantee, or other security if the department determines security is necessary or prudent to ensure completion of the construction or remediation within the time period set under (a) of this section. The department will determine the form and amount of the security considering the nature and scope of the construction or remediation and the financial responsibility of the lessee, permittee, or concessionaire.

(c) The lessee, permittee, or concessionaire shall, within 90 days after completion of construction or remediation, submit to the department written documentation that the construction or remediation has been completed as required, including documentation under 17 AAC 45.230 of cost to show investment required under the lease, permit, or concession or to support term under 17 AAC 45.225.

(d) If the lessee shows good cause to the department and if it is not inconsistent with the best interest of the state, the department will grant an extension that is sufficient to allow for the completion of the construction or remediation or for submission of documentation that the construction or remediation has been completed under this section.

(e) If within the time required under (a) and (c) of this section or as the department has extended under (d) of this section, a lessee, permittee, or concessionaire fails to complete the construction or remediation or to submit documentation that the construction or remediation has been completed, the department will execute the forfeiture of the performance bond, deposit, personal guarantee, or other security posted by the lessee, permittee, or concessionaire to the extent necessary to reimburse the department for all costs and damages, including administrative and legal costs, arising from the failure to complete the construction or remediation and, as applicable,

(1) if one-third or less of the construction or remediation has been completed, initiate cancellation of the lease, permit, or concession;

(2) if at least two-thirds of the construction or remediation has been completed, reduce the term of the lease, permit, or concession to a period that is consistent with the portion of the construction timely completed;

(3) if more than one-third but less than two-thirds of the construction or remediation has been completed, apply the best interests of the state to take the action described in either (1) or (2) of this subsection.

(f) An action that the department takes under (e) of this section must be in writing and must state the reasons for the action taken.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

17 AAC 45.242 Damage to lessee-owned permanent improvements

(a) If, within five years before the expiration of the lease, the lessee-owned permanent improvements on the premises are damaged to the extent that at least 50 percent of the improvements are rendered unusable, the lessee may terminate the lease by 30 days' written notice to the department after removing the damaged improvements and restoring the premises to a clean and neat physical condition acceptable to the department.

(b) Except as provided in (a) of this section, if lessee-owned permanent improvements on the premises are damaged or destroyed, the lessee shall repair, rebuild or replace the improvements to function normally within two years after the date on which the improvements were damaged or destroyed. If the lessee materially fails to complete the repair, reconstruction, or replacement of the damaged or destroyed improvements within the allowed time, the department will

(1) unilaterally reduce the term of the lease so that the total term from the beginning of the lease is consistent with the cost or value of the undamaged improvements remaining on the premises, using the table in 17 AAC 45.225(j); or

(2) grant an extension of time for the lessee to complete the repair, reconstruction, or replacement of damaged or destroyed improvements on the premises for good cause shown by the lessee and upon a finding that the action would be consistent with the best interest of the state.

(c) Repair, rebuilding, or replacement of damaged or destroyed lessee-owned permanent improvements under this section constitutes new investment for purposes of term extension.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 3/22/2008, Register 185

17 AAC 45.245 Disposition of permanent improvements and site development materials on a land lease

(a) Unless otherwise provided in the applicable land lease or in another written agreement between the department and the lessee, permanent improvements that a lessee, other than a government agency, has constructed or purchased on the premises, but not site development materials, are the lessee's property as long as the lease remains in effect, including any period of extension or holdover with consent of the department.

(b) Unless otherwise provided in a land lease or the department otherwise directs under (f) of this section, at the expiration, cancellation, or termination of a lease that is neither extended nor followed by a successive lease, the departing lessee may do one or more of the following:

(1) remove lessee-owned permanent improvements from the premises, remediate any contamination for which the lessee is responsible under this chapter, and restore the premises to a clean and neat physical condition acceptable to the department within 60 days after the expiration, cancellation, or termination date of the lease;

(2) sell lessee-owned permanent improvements to the succeeding lessee, remove all personal property, remediate any contamination for which the lessee is responsible under this chapter, and leave the premises in a clean and neat physical condition acceptable to the department within 60 days after notice from the department that the department has approved an application for a lease of the premises by another person or such longer period specified in the notice, but in no event more than 180 days after the expiration, termination, or cancellation date of the lease;

(3) elect to have the department sell lessee-owned permanent improvements at public auction under (c) and (d) of this section, remediate any contamination for which the lessee is responsible under this chapter, and restore the premises to a clean and neat physical condition acceptable to the department; if the department sells permanent improvements under this paragraph for removal from the premises, the departing lessee's obligation under this paragraph continues until the premises are remediated and restored to a clean and neat physical condition acceptable to the department after the improvements have been removed.

(c) If a departing lessee elects under (b)(3) of this section to have the department sell lessee-owned permanent improvements at public auction, the lessee shall, within 30 days after the expiration, cancellation, or termination of the lease

(1) submit to the department a written request and authorization to sell the permanent improvements by public auction;

(2) provide to the department an executed conveyance document transferring clear title to the permanent improvements to the successful bidder at the public auction, along with authorization to the department, as agent for the departing lessee for purposes of the sale only, to endorse the name of the successful bidder on the conveyance document upon receipt of payment of the successful bid price; and

(3) before the date of the public auction, remove all personal property, remediate any contamination for which the lessee is responsible under this chapter, and leave the premises in a neat and clean physical condition acceptable to the department.

(d) When selling lessee-owned permanent improvements at public auction for a departing lessee, the department will establish the terms and conditions of the sale as provided under 17 AAC 45.333. The department will pay the lessee any proceeds of the sale of the permanent improvements, less the administrative costs of the public auction and any financial obligation the lessee owes to the department under the lease. Payment will be made within a reasonable time after the department completes the sale transaction and receives the proceeds, but not to exceed 60 days. If all or a portion of the permanent improvements do not sell at public auction, the lessee shall remove those permanent improvements, remediate any contamination for which the lessee is responsible under this chapter, and restore the premises to a clean and neat physical condition acceptable to the department within 60 days after the auction.

(e) If the lessee shows good cause to the department and if it is not inconsistent with the best interest of the state, the department will grant an extension of time that is sufficient to allow the lessee to

(1) remove or sell lessee-owned permanent improvements;

(2) remediate any contamination for which the lessee is responsible under this chapter; and

(3) restore the premises to a clean and neat physical condition acceptable to the department.

(f) The department will, by written notice, direct a departing lessee to remove lessee-owned permanent improvements from the premises, to remediate, consistent with applicable law, any contamination for which the departing lessee is responsible under this chapter, and to restore the premises to a clean and neat physical condition acceptable to the department if the department determines in writing

(1) that the continued presence of the permanent improvements on the premises is not consistent with either

(A) the applicable provisions of this chapter and of any other statute or regulation, including any relating to noise or airport land use; or

(B) any written airport program or plan required for compliance with applicable federal or state law;

(2) that the continued presence of the permanent improvements on the premises is not in the best interest of the state; or

(3) that the permanent improvements present a hazard to public health or safety.

(g) A departing lessee to whom the department has issued a direction under (f) of this section shall comply with the department's direction within 60 days after issuance of the direction and at no cost to the department. If the departing lessee shows good cause to the department and if it is not inconsistent with the best interest of the state, the department will allow in writing a longer period that is sufficient to allow the lessee to comply with the department's direction. A departing lessee who fails to comply with a direction issued by the department under (f) of this section shall, within 30 days of being billed by the department, reimburse the department for any costs reasonably incurred by the department, including legal and administrative costs, to enforce the department's direction or to remove and dispose of unremoved lessee-owned permanent improvements, remediate any contamination for which the lessee is responsible under this chapter, and restore the premises.

(h) If a departing lessee does not timely remove or sell the lessee-owned permanent improvements on a premises in accordance with the requirements of this section, any remaining permanent improvements and any remaining personal property of the departing lessee will be considered permanently abandoned. The department may sell, lease, demolish, dispose of, remove, or retain the abandoned property for airport use as the department determines is in the best interest of the state. The departing lessee shall, within 30 days after being billed by the department, reimburse the department for any costs reasonably incurred by the department, including legal and administrative costs, to demolish, remove, dispose, clear title to, or sell the abandoned property and to remediate and restore the premises.

(i) A departing lessee will not be considered to have relinquished possession and completely vacated the premises until

(1) the lessee has

(A) remediated, consistent with applicable law, any contamination for which the lessee is responsible under this chapter; and

(B) restored the premises to a clean and neat physical condition acceptable to the department; and

(2) either

(A) removed all of the lessee's permanent improvements and personal property from the premises or sold the permanent improvements and personal property to a succeeding lessee under the provisions of this section; or

(B) transferred title to the lessee's permanent improvements and personal property that remain on the premises to the department.

(j) Site development work and site development materials that a land lessee completes or places on a premises become part of the state-owned realty and property of the state upon completion or placement. The lessee

(1) must maintain the site development work and site development materials throughout the term of the lease, including any extensions and periods of holdover; and

(2) may not remove the site development work or site development materials unless the department approves in writing.

(l) After the expiration, termination, or cancellation of a lease, including any holdover under 17 AAC 45.252, the departing lessee loses all right to occupy or use the premises without the express or implied consent of the department. Except as the department notifies the departing lessee otherwise in writing, the department consents to the departing lessee's continued use and occupancy of the premises to diligently accomplish the requirements of this section. Until the departing lessee relinquishes possession of and completely vacates the premises under (i) of this section and notifies the department in writing that it has relinquished and vacated the premises, the departing lessee shall perform the following as if the lease were still in effect,

(1) pay rent to the department;

(2) maintain the premises;

(3) provide the department with evidence of each insurance coverage, if any, required under the lease; and

(4) cease using the premises other than to diligently accomplish the requirements of this section, and to comply with the other requirements of the lease.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.250 Disposition of removable improvements on a building lease or concession

(a) This section applies to building leases on the airport and on-airport concessions.

(b) Unless the applicable building lease or concession or other written agreement between the department and the building lessee or concessionaire provides otherwise, improvements that the building lessee or concessionaire constructs or purchases on the premises and that the department determines can be removed without material damage to a state-owned building or land remain the lessee's or concessionaire's property while the building lease or concession remains in effect, including any period of extension or holdover.

(c) Unless the applicable building lease or concession provides otherwise, at the expiration, termination, or cancellation of the building lease or concession, the department will take one or more of the following actions with respect to the departing building lessee's or concessionaire's improvements that can be removed without material damage to the building or land:

(1) allow the departing building lessee or concessionaire to sell those improvements to a succeeding lessee or concessionaire of the premises, remove all personal property, remediate any contamination for which the departing lessee or concessionaire is responsible under this chapter, and leave the premises in a clean and neat physical condition acceptable to the department within 30 days after notice from the department that the department has approved an application for a lease of the premises to another person or by such earlier date stated in the notice, but in no event more than 90 days after the expiration, termination, or cancellation date of the lease or concession;

(2) allow or direct the departing building lessee or concessionaire to remove those improvements, remediate, consistent with applicable law, any contamination for which the departing lessee or concessionaire is responsible under this chapter, and restore the premises to a clean and neat physical condition acceptable to the department; or

(3) allow the departing building lessee or concessionaire to transfer title to those improvements to the department, with or without payment of consideration, remove all personal property, remediate any contamination for which the departing lessee or concessionaire is responsible under this chapter, and leave the premises in a clean and neat physical condition acceptable to the department.

(d) A departing building lessee or concessionaire to which the department has issued a direction under (c)(2) of this section shall comply with the department's direction within 60 days after the direction is issued and at no cost to the department. If the lessee or concessionaire shows good cause and if it is not inconsistent with the best interest of the state, the department will allow in writing a longer period that is sufficient to permit the lessee or concessionaire to comply with the department's direction. A lessee or concessionaire who fails to comply with a direction issued by the department under (c)(2) of this section shall, within 30 days of being billed by the department, reimburse the department for any costs, including legal and administrative costs, reasonably incurred by the department to do any of the following:

(1) enforce the department's direction;

(2) remove and dispose of that person's unremoved improvements;

(3) remediate any contamination for which the departing lessee or concessionaire is responsible under this chapter;

(4) restore the premises to a clean and neat condition acceptable to the department.

(e) If a departing building lessee or concessionaire does not timely remove or sell the improvements on a premises in accordance with the terms of this section, the improvements will be considered permanently abandoned. The department may sell, lease, demolish, dispose of, remove, or retain the abandoned property for airport use as the department determines is in the best interest of the state. A departing lessee or concessionaire shall, within 30 days of being billed by the department, reimburse the department for any costs, including legal and administrative costs, reasonably incurred by the department to do any of the following:

(1) remove and dispose of the abandoned property;

(2) remediate any contamination for which the departing lessee or concessionaire is responsible under this chapter;

(3) restore the premises to a neat and clean condition acceptable to the department.

(f) A departing building lessee or concessionaire will not be considered to have relinquished possession and completely vacated the premises until

(1) the lessee or concessionaire has

(A) remediated, consistent with applicable law, any contamination for which the lessee or concessionaire is responsible under this chapter; and

(B) restored the premises to a clean and neat condition acceptable to the department; and

(2) either

(B) title to any of the lessee's or concessionaire's improvements and personal property that remain on the premises has vested in the department.

(g) Unless otherwise provided in the building lease or concession, site development work and site development materials and any improvements that the department determines cannot be removed from a building lease or concession premises without material damage to a state-owned building or land become part of the state-owned realty and property of the state upon completion or placement by a building lessee or concessionaire. The building lessee or concessionaire

(1) must maintain the site development work and site development materials throughout the term of the lease, including any extensions and periods of holdover; and

(2) may not remove the site development work and site development materials unless the department approves in writing.

(h) In this section, "departing building lessee or concessionaire" means a building lessee or concessionaire who occupies airport property and whose building lease or concession has expired, been terminated, or been canceled and to whom a new building lease or concession or a building lease or concession term extension has not been granted.

(i) After the expiration, termination, or cancellation of a building lease or concession, including any holdover under 17 AAC 45.252, the departing building lessee or concessionaire loses all right to occupy or use the premises without the express or implied consent of the department. Except as the department notifies the departing building lessee or concessionaire otherwise in writing, the department consents to continued use and occupancy of the premises by the departing building lessee or concessionaire to diligently accomplish the requirements of this section. Until the departing building lessee or concessionaire relinquishes possession of and completely vacates the premises under (f) of this section, and notifies the department in writing that it has relinquished and vacated the premises, the departing building lessee or concessionaire shall perform the following as if the building lease or concession were still in effect:

(1) pay rent to the department;

(2) maintain the premises;

(3) provide the department with evidence of each insurance coverage, if any, required under the lease; and

(4) cease using the premises other than to diligently accomplish the requirements of this section, and to comply with the other requirements of the building lease or concession.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.252 Holdover

(a) Unless the lease, permit, or concession provides otherwise, if the department has not directed the lessee, permittee, or concessionaire to vacate the premises upon expiration of the lease, permit, or concession, then if the lessee, permittee, or concessionaire continues to occupy the premises in holdover after the expiration of a lease, permit, or concession, the holdover ends on the earliest of the following:

(1) the date on which the department and the lessee, permittee, or concessionaire execute

(A) a term extension for the lease, permit, or concession; or

(B) a lease, permit, or concession for the premises;

(2) the date on which the department or the lessee, permittee, or concessionaire terminates the holdover upon not less than 30 days' notice;

(3) the 180th day after the expiration of the lease, permit, or concession.

(b) The department may extend a holdover under this section for not more than an additional 180 days upon a written finding of good cause.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 3/22/2008, Register 185

17 AAC 45.255 Condemnation of leasehold or improvements

(b) If all of a premises is taken,

(2) the department is entitled to all payment made for the taking, except for any amount paid as the fair market value of the permanent improvements owned by the lessee, permittee, or concessionaire.

(c) If a part of a premises is taken and the taking reduces the ground area of the premises by 30 percent or more or materially affects the authorized use of the premises by the lessee, permittee, or concessionaire of the premises, the lessee, permittee, or concessionaire has the right to terminate the lease, permit, or concession by giving written notice to the department no later than 90 days after the date of taking.

(d) If the lessee, permittee, or concessionaire elects to terminate the lease, permit, or concession under (c) of this section, the portion of the premises taken is governed by (b) of this section and disposal of the remainder of any permanent improvements owned by the lessee, permittee, or concessionaire is governed by 17 AAC 45.245 or 17 AAC 45.250, as applicable, and the terms of the lease, permit, or concession.

(e) If the lessee, permittee, or concessionaire elects not to terminate the lease, permit, or concession under (c) of this section, the lease, permit, or concession continues in effect for the portion of the premises not taken, and the department is entitled to the full payment made for the portion taken, less any portion of the proceeds paid as the fair market value of the permanent improvements owned by the lessee, permittee, or concessionaire on the taken portion of the premises. The department will adjust the rent for the remainder of the term to reflect the taking as of the date of taking.

(f) If a part of a premises is taken and the taking reduces the ground area of the premises by less than 30 percent and the department determines that the taking does not materially affect the authorized use of the premises by the lessee, permittee, or concessionaire, the lease, permit, or concession continues in effect for the portion of the premises not taken. The department is entitled to the full payment made for the portion taken, less any portion of the proceeds paid as the fair market value of the permanent improvements owned by the lessee, permittee, or concessionaire on the taken portion of the premises. The department will adjust the rent for the remainder of the term to reflect the taking as of the date of taking.

(g) Nothing in this section impairs the rights, if any, of a lessee, permittee, or concessionaire to relocation benefits under AS 34.60.

(h) The department's enforcement of a lease, permit, concession, or law against a lessee, permittee, or concessionaire is not a taking under this section.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.260 Assignment

(a) This section applies to an assignment, other than an assignment for security purposes, of an interest in a lease, sublease, an airport boundary crossing permit issued under 17 AAC 45.285, or a concession. A permit issued under this chapter, other than an airport boundary crossing permit issued under 17 AAC 45.285, may not be assigned. For purposes of this section, any single or cumulative transfer of more than 50 percent interest in a joint venture, partnership, limited liability company, corporation, or other dual or multi-party entity that holds a lease, sublease, airport boundary crossing permit, or concession is an assignment of an interest subject to approval under this section.

(b) Unless the lease, sublease, airport boundary crossing permit, or concession expressly provides otherwise, a lessee, sublessee, airport boundary crossing permittee, or concessionaire may not assign all or a portion of a lease, sublease, airport boundary crossing permit, or concession, including improvements, without the prior written consent of the department under 17 AAC 45.275. A sublessee may not assign a sublease without also obtaining the written consent of the sublessor. An assignment made contrary to the requirements of this section and 17 AAC 45.275 is void.

(1) the name, address, and telephone contact number for the proposed assignee;

(2) a description of the premises to be assigned;

(3) a description of the proposed assignee's intended use of the premises;

(4) financial and other information about the proposed assignee establishing the proposed assignee's ability to carry out the financial and other obligations under the lease or concession;

(5) three originals of the executed assignment documents with notarized signatures of the assignor and proposed assignee; and

(6) a non-refundable $200 assignment processing fee.

(d) An assignment must include a provision stating that the assignee accepts responsibility for all of the assignor's obligations under the lease, sublease, airport boundary crossing permit, or concession, including environmental liability and responsibility.

(e) An assignee may not occupy the premises before the department consents to the assignment in writing.

(f) A lessee, sublessee, airport boundary crossing permittee, or concessionaire may request that the department informally review a proposed assignment before the assignment documents are executed. However, an assignment of a lease, sublease, airport boundary crossing permit, or concession is effective only if the department consents to the assignment in writing under 17 AAC 45.275 after receiving a written request submitted under (c) of this section.

(g) If there is a conflict between the lease, sublease, airport boundary crossing permit, or concession and the assignment or its underlying documents, the lease, sublease, airport boundary crossing permit, or concession governs. A provision stating this priority must be included in each assignment, but is implied in all assignments whether stated or not.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190; am 7/1/2017, Register 222

17 AAC 45.265 Assignment for security purposes

(a) This section applies to an assignment of an interest in a lease or concession for security purposes. A permit issued under this chapter may not be assigned for security purposes.

(b) Unless the lease or concession expressly provides otherwise, a lessee or concessionaire may not assign for security purposes all or a portion of or any interest in a lease or concession, including improvements, without the prior written consent of the department under 17 AAC 45.275. An assignment for security purposes made contrary to the requirements of this section and 17 AAC 45.275 is void.

(c) A request for consent to an assignment for security purposes must be submitted to the department in writing and must include

(1) the name, address, and telephone contact number for the proposed assignee;

(2) three originals of the executed assignment documents with notarized signatures of the assignor and proposed assignee;

(3) unless the department requests additional copies, one copy of any deed of trust, promissory note, or other document that is a part of the security assignment transaction; and

(4) a non-refundable $500 security assignment processing fee.

(d) A security assignment document must include provisions stating that

(1) if the security assignee takes possession or control of the lease or concession that is subject to the security assignment, either directly or through a sub-tenant, by foreclosure or otherwise, under the security assignment,

(A) the security assignee accepts responsibility for all of the assignor's obligations under the lease or concession, including environmental liability and responsibility, commencing as of the date the security assignee succeeds to the assignor's interest under the lease or concession; and

(B) except as provided in (3) of this subsection, those obligations terminate as to the security assignee upon further transfer of the lease or concession by the security assignee;

(2) the security assignee has an affirmative duty to notify the state in writing upon the reconveyance or release of the security interest; and

(3) unless the security assignee participates in management of the airport tenant, the security assignee does not have environmental liability or responsibility for the period pre-dating the time when it took possession or control of the lease or concession; in this paragraph, "participates in management" has the meaning given in 42 U.S.C. 9601 (20)(F); the security assignee does not have environmental liability or responsibility following a subsequent transfer of its entire interest in the lease or concession unless, by its direct actions, negligence, or failure to use due care, the security assignee

(A) caused or contributed to a violation of any of the lease or concession terms relating to environmental law or hazardous substances;

(B) violated 17 AAC 45.045 or 17 AAC 45.050; or

(C) caused or contributed to actual financial damages to the airport due to a security assignee's breach of any environmental law.

(e) Exercise by a security assignee of a power of sale or further assignment under a security assignment is subject to the consent of the department under 17 AAC 45.275 with respect to any purchaser or assignee and shall be conditioned upon the purchaser or assignee accepting responsibility for all of the lessee's or concessionaire's obligations under the lease or concession, including environmental liability and responsibility.

(f) If a lease or concession conflicts with an assignment for security purposes of an interest in the lease or concession, the terms of the lease or concession govern. A provision stating this priority must be included in each assignment for security purposes, but is implied in all assignments for security purposes whether stated or not.

(g) A lessee or concessionaire may request that the department informally review a proposed assignment for security purposes before the assignment documents are executed. However, an assignment of a lease or concession for security purposes is effective only if the department consents to the assignment in writing under 17 AAC 45.275 after receiving a written request submitted under (c) of this section.

(h) The department's written consent to an assignment for security purposes may provide that the department will give notice to the security assignee that the lessee or concessionaire is in default. However, any such provision is subject to the following terms and conditions:

(1) the department will give notice to a security assignee that the lessee or concessionaire is in default only if the department has within the preceding 12 months received from the security assignee written confirmation that the security assignee continues to have an interest in the lease or concession, and continues to desire such notice;

(2) if the department fails to provide to a security assignee notice of a lessee's or concessionaire's default despite having received annual confirmation from the security assignee as described in (1) of this subsection, the sole recourse of the security assignee is judicial action within one year to seek to vacate any change by the department in the security assignee's rights or interest;

(3) the department undertakes no duty for which the department may be liable for damages, whether direct or consequential, for failure to provide any notice to a security assignee as described in this subsection.

(i) An assignment for security purposes under this section may be reassigned to another holder only upon consent of the department under 17 AAC 45.275.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217; am 5/25/2017, Register 222; am 7/1/2017, Register 222

17 AAC 45.270 Sublease

(a) Unless the lease, airport boundary crossing permit issued under 17 AAC 45.285, or concession expressly provides otherwise, a lessee, airport boundary crossing permittee, or concessionaire may not sublease all or a portion of a lease, airport boundary crossing permit, or concession premises without the prior written consent of the department under 17 AAC 45.275. A permit issued under this chapter, other than an airport boundary crossing permit issued under 17 AAC 45.285, may not be subleased. A sublease made contrary to the requirements of this section and 17 AAC 45.275 is void.

(b) A request for consent to a sublease must be submitted in writing and must include

(1) the name, address, and telephone contact number of the proposed sublessee;

(2) a description of property to be subleased;

(3) a description of the proposed sublessee's intended use of the premises;

(4) the expiration date of the sublease;

(5) a statement of the proposed sublease rent to be paid per month of occupancy;

(6) three originals of the executed sublease documents, or in the case of a sub-sublease, four executed originals of the sub-sublease, with notarized signatures of the sublessee and the sublessor;

(7) a binder for insurance covering the operations and activities of the sublessee to the same extent that the sublessee would be required under 17 AAC 45.425 to maintain insurance if the sublessee were a direct lessee, airport boundary crossing permittee, or concessionaire under the lease, airport boundary crossing permit, or concession;

(8) a guarantee of indemnification by the sublessee under which the sublessee provides to the state the same level of indemnity that the sublessee would provide to the state if the sublessee were a direct lessee or concessionaire under the lease, airport boundary crossing permittee, or concession; and

(9) a non-refundable sublease processing fee of

(A) $500, if the sublease is a cooperative sublease that functions as a proprietary lease; in this subparagraph, "proprietary lease" has the meaning given in AS 34.08.990; or

(B) $75 for any other type of sublease.

(c) Unless the department's written consent provides otherwise, a sublease is subject to all of the terms and conditions of the lease, airport boundary crossing permit, or concession governing the property being subleased and must include language to that effect. The activities of a sublessee on an airport are also subject to all applicable fees and charges established under 17 AAC 45.127, and the sublessee and the direct lessee remain jointly obligated for payment of all applicable fees and charges to the department.

(d) A sublessee of a lease, airport boundary crossing permit, or concession may not occupy the premises before the department consents to the sublease in writing.

(e) A sublessee must maintain the same insurance and provide the indemnity that the sublessee would be required to maintain and provide if the sublessee were a direct lessee, airport boundary crossing permittee, or concessionaire under the lease, airport boundary crossing permit, or concession, as applicable. The department may waive the requirement that the sublessee maintain insurance, including the binder required under (b)(7) of this section, if the department determines that the sublessee's activities on the airport are covered under the lessee's insurance to the full extent stated in this subsection or are not likely to pose more than negligible risks to the state.

(f) A sublease does not relieve a lessee, airport boundary crossing permittee, or concessionaire of the responsibility for providing the department with evidence of insurance that meets the requirements of the lease, airport boundary crossing permit, or concession with respect to operations on the premises, including those of the sublessee. However, if a lessee, airport boundary crossing permittee, or concessionaire subleases the entire premises under a sublease to which the department has given consent under 17 AAC 45.275 and the lessee, airport boundary crossing permittee, or concessionaire requires the sublessee to provide insurance coverage that meets the requirements of the lease, airport boundary crossing permit, or concession, the department will accept evidence of that insurance from the sublessee if the insurance meets the requirements of the lease, airport boundary crossing permit, or concession and lists the lessee, airport boundary crossing permit, or concessionaire as an additional insured. The department will notify the lessee, airport boundary crossing permittee, or concessionaire if the evidence of insurance provided by a sublessee is insufficient, incorrect, or not timely received.

(g) The consent of the department under 17 AAC 45.275 is required for each sublease of all or any portion of a lease, airport boundary crossing permit, or concession, including a further sublease of a sublease for which the department's consent has already been given.

(h) Consent to a sublease by the department under 17 AAC 45.275 does not relieve or otherwise alter the obligations of the lessee, airport boundary crossing permittee, or concessionaire under the lease, airport boundary crossing permit, or concession. Any sublease provision that purports to relieve a lessee, airport boundary crossing permittee, or concessionaire of a responsibility to the department under a lease, airport boundary crossing permit, or concession, as applicable, is of no effect as to the department.

(i) A lessee, airport boundary crossing permittee, or concessionaire may request that the department informally review a proposed sublease before the sublease documents are executed. However, a sublease of a lease, airport boundary crossing permit, or concession is effective only if the department consents to the sublease in writing under 17 AAC 45.275 after receiving a written request submitted under (b) of this section.

(j) The department's consent to a sublease under 17 AAC 45.275 applies to only the specific sublease transaction reviewed and considered by the department.

(k) An assignment of a sublease is subject to the requirements of 17 AAC 45.260 and 17 AAC 45.275.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190; am 7/1/2017, Register 222

17 AAC 45.275 Approval or denial of an assignment, assignment for security purposes, or sublease

(a) This section applies to approval or denial of a request for consent to an assignment under 17 AAC 45.260, an assignment for security purposes under 17 AAC 45.265, or a sublease under 17 AAC 45.270.

(b) The department will consent to a request to assign or sublease all or a portion of a lease or concession if the department determines that

(1) the assignment or sublease is authorized under the lease or concession and this chapter;

(2) the proposed assignee or sublessee has demonstrated acceptable financial responsibility;

(3) the proposed assignee or sublessee has demonstrated its ability to perform under the lease or concession;

(4) denial of the request is not required under 17 AAC 45.010(g) with respect to either party to the assignment or sublease;

(5) the assignment or sublease would provide the proposed assignee or sublessee with no greater rights, privileges, or authorities than those granted in the lease or concession being assigned or subleased;

(6) the proposed assignee's or sublessee's proposed use of the premises is authorized by the lease or concession being assigned or subleased;

(7) the terms and conditions of the proposed assignment or sublease adequately recognize and protect the department's interests under the lease or concession;

(8) the assignment or sublease is in the best interest of the state; and

(9) the premises subject to the assignment or sublease, when combined with the premises subject to other leases or concessions on the airport held by the assignee or sublessee, will not

(A) exceed the proposed assignee's or sublessee's needs, including reasonable future expansion; or

(B) result in the monopolization of an aeronautical use held by the proposed assignee or sublessee on the airport.

(c) The department will approve or deny a request under this section in writing. If the department denies the request, the department will state the reasons for the denial in writing. The department will make a determination on a request for consent to assignment, assignment for security purposes, or sublease within 60 days after the assignor or sublessor has submitted a complete request.

(d) A lessee, permittee, or concessionaire may protest a denial of an assignment, assignment for security purposes, or sublease in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

17 AAC 45.280 Airport building permit

(b) To obtain an airport building permit, an applicant must submit to the department

(1) an application for an airport building permit on an airport form;

(2) one set of plans and specifications for the proposed project in sufficient detail for the department to understand and evaluate the project and its scope;

(3) a boundary survey of the premises, incorporating any boundary changes previously approved by the department, if

(A) the premises is the subject of a land lease or of a permit or building lease that grants use and occupancy of an area of airport land; and

(B) the required survey is not already on file with the department at the date the lessee, permittee, or concessionaire files the building permit application; and

(4) a non-refundable building permit application fee of

(A) $200, if the application is for the construction of a new building; or

(B) $75, if the application is for any other kind of construction or installation, or for the demolition or removal of improvements.

(c) When the department requests, the applicant for an airport building permit shall also submit documentation showing that

(1) the applicant has the financial capability to complete the proposed project; and

(2) the plans and specifications have received any approval required by other government agencies having jurisdiction over the proposed project.

(d) The department will approve an application for an airport building permit unless

(1) the application must be denied under 17 AAC 45.010(g);

(2) the applicant does not demonstrate adequate financial resources to complete the proposed project;

(3) the project plans, specifications, and agency approvals submitted by the applicant are not complete or are otherwise inadequate to evaluate the project;

(4) the proposed project or proposed use would violate or result in a violation of an applicable statute or regulation, an exclusive right that the department has granted to another person, a covenant running with the airport land, or an applicable FAA grant assurance adopted by reference under 17 AAC 45.010(e);

(5) the proposed project or proposed use would interfere with or is otherwise incompatible with the safety, security, maintenance, or operation of the airport;

(6) the proposed project or proposed use is inconsistent with sound airport planning;

(7) the proposed project or proposed use is not consistent with the applicant's lease, permit, or concession;

(8) the project plans do not make sufficient provision for drainage, for aircraft, vehicle, and equipment parking, or for snow storage; or

(9) the proposed project or proposed use is not compatible with the building, building systems, or operation of a department-operated terminal building.

(e) The department will approve or deny an application for an airport building permit in writing. If the department denies the application, the department will state the reason for the denial in writing.

(f) If a lessee, permittee, or concessionaire does not obtain an airport building permit before beginning an activity described in (a) of this section, the department will

(1) unless the department determines that it is not in the interest of safe, effective, or efficient operation of the airport to do so, require the lessee, permittee, or concessionaire to cease or suspend the activity pending receipt of a permit; and

(2) require the lessee, permittee, or concessionaire promptly to submit the application required under this section.

(g) After review of an application submitted pursuant to (f) of this section, the department will approve or deny the application as provided under (e) of this section. The lessee, permittee, or concessionaire shall,

(1) if the department grants a permit, comply with any requirement that the department includes in the approval as necessary to bring the activity into accord with the approval standards set out under (d) of this section; and

(2) if the department denies a permit, remove all unauthorized improvements and restore the premises to the satisfaction of the department.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 7/1/2017, Register 222

17 AAC 45.285 Airport boundary crossing permit

(a) A person may not taxi an aircraft across an airport boundary at a location or drive a vehicle across an airport boundary other than on a public road or a department-approved trail provided for that purpose and not posted by the department as closed to such access, unless the person is authorized to do so

(1) under an airport boundary crossing permit issued by the department under this section;

(2) under (o) of this section; or

(3) by written consent of the department.

(b) An application for an airport boundary crossing permit or for a term extension for or material amendment to an existing airport boundary crossing permit must be submitted to the department in writing and include

(1) for a new airport boundary crossing permit, a detailed description of

(A) the proposed location of the airport boundary crossing point;

(B) the proposed alignment, length, and width of the vehicle access way or aircraft taxiway to be used to provide access from the boundary to a public way or public aircraft taxiway on the airport;

(D) the activity or business the applicant intends to conduct on off-airport property in connection with the permit;

(2) for a term extension for or material amendment to an existing airport boundary crossing permit, a detailed description of, and justification for, the term extension or material amendment being sought;

(3) a non-refundable application processing fee of

(A) $500, if the application is for a new airport boundary crossing permit; or

(B) $250, if the application is for a term extension for or material amendment to an existing airport boundary crossing permit;

(4) documentation of the applicant's ownership of, lease of, right-of-way across, or written permission to cross the land adjoining the airport at the proposed boundary crossing; and

(5) a description, site plan, and cost estimate for a taxiway, driveway, fencing, gate, or other improvement that the applicant proposes to construct in connection with the proposed boundary crossing, term extension, or material amendment.

(c) Subject to (d) of this section, an application for an airport boundary crossing permit is approvable if the department determines that granting the permit is in the best interest of the state. If an application for a boundary crossing permit is approvable, the department will

(1) provide public notice of the application in accordance with 17 AAC 45.400;

(2) require the applicant to pay the cost of any newspaper publication the department has required under 17 AAC 45.400, unless the applicant is exempt from the payment under federal law or the terms of a grant to the department; and

(3) after the public comment period set in the notice given under this subsection has closed, confirm that the applicant has paid for newspaper publication of the public notice, if required under this subsection.

(d) The department may deny an application for an airport boundary crossing permit if the department determines that

(1) approval must be denied under 17 AAC 45.010(g);

(2) the activity or business the applicant intends to conduct on off-airport property in connection with the permit can be accommodated on property available for lease on the airport; or

(3) granting the permit

(A) is inconsistent with sound airport planning or this chapter;

(B) will interfere with or is otherwise incompatible with the safety, security, maintenance, or effective and efficient operation of the airport;

(D) will reduce the airport's potential net revenue;

(E) will increase the airport's net maintenance or operating costs; or

(F) is not in the best interest of the state.

(e) A decision by the department to deny an application for an airport boundary crossing permit must be in writing and state the reasons for denial.

(f) After the public comment period stated in the public notice under (c) of this section, including any extension of that period, has closed, the department will consider any public comment or objection that the department received in writing before the close of the public comment period, and all facts known to the department, but not any public comment or objection received after the close of the public comment period, and, as applicable,

(1) if the department has received no written comment or objection during the comment period and has not otherwise altered its evaluation of the facts, issue the permit;

(2) if the department has received written comment or objection during the comment period, but the department's determination that granting the permit is in the best interest of the state remains unchanged, send to the applicant and to each person that submitted a written comment or objection during the comment period and that provided a return address, notice of the department's intent to execute the permit; or

(3) if the department determines in writing that the application should be denied under (d) of this section, send to the applicant and to each person that submitted a written comment or objection during the comment period and that provided a return address, notice of the department's intent to deny the permit.

(g) An airport boundary crossing permit must be in writing, be signed by the permittee and the department, and include

(1) the authorized uses of the crossing, including any restrictions as to use or users;

(2) a description of the location and dimensions of the crossing;

(3) identification of any airport land not otherwise under lease or permit to the permittee that the permittee may use for vehicle access between the boundary crossing location and a public road on the airport or for aircraft access between the boundary crossing location and a runway, apron, taxi lane, or taxiway on the airport; and

(4) a provision allowing periodic adjustment of the annual permit fee and, if applicable, adjustment of the land rental rate under 17 AAC 45.295.

(h) The department will not execute a boundary crossing permit later than 270 days after the close of the public comment period under the notice required by (c) of this section. The department will not execute a boundary permit earlier than

(1) the day after the close of the public comment period if the department receives no comments or objections within the public comment period; or

(2) eight days after the department mails a notice of intent to execute the permit if the department receives any comment or objection within the public comment period.

(i) If the department issues an airport boundary crossing permit in connection with an airport land lease, the department will set the permit term to coincide with the term of the lease, unless the department determines that it is in the best interest of the state to set a shorter permit term. If the department issues an airport boundary crossing permit that is not connected with an airport land lease, the department will set the term for the permit that is in the best interest of the state, but not to exceed 20 years.

(j) An airport boundary crossing permit is a revocable grant of permission and does not create a property interest. An airport boundary crossing permit is not a land lease that qualifies the permittee for preferential consideration for a new permit or lease or lease term extension under AS 02.15.090(c). The department's revocable permission allowing the permittee to cross the airport boundary is not a compensable right under this section if the permit is later revoked or condemned.

(k) A permittee may not assign or transfer an airport boundary crossing permit unless the department has given prior written consent under 17 AAC 45.275.

(l) The permittee shall pay to the department the annual fee for an airport boundary crossing permit established under 17 AAC 45.127( l). In addition to paying the annual permit fee, the permittee shall pay

(1) rent at the greater of the applicable land rental rate or $150, for any airport land not otherwise under lease or permit to the permittee but identified in the boundary crossing permit as subject to use by the permittee for vehicle access between the boundary crossing location and a public road on the airport or for aircraft access between the boundary crossing location and a runway, apron, taxi lane, or taxiway on the airport; and

(2) the fuel flowage fee established under 17 AAC 45.127 for each gallon of fuel brought onto the airport across the boundary having been dispensed into an aircraft or vehicle outside the airport and brought onto the airport across the boundary.

(m) When it is in the best interest of the state to do so, the department will, upon 30 days' written notice to the permittee stating the reasons for the action, cancel a boundary crossing permit and any associated land lease or permit. The department

(1) will cancel the permit if the boundary crossing permittee is not in compliance with the boundary crossing permit and does not correct the noncompliance within the time specified in the permit or in the notice; and

(2) may, unless the permit provides otherwise in the best interest of the state, cancel the permit for any reason not in violation of applicable law.

(n) An applicant or permittee may protest the department's decision to deny an application or to cancel a permit in accordance with 17 AAC 45.910.

(o) To the extent an airport boundary crossing permit authorizes a customer or guest of the permittee to taxi an aircraft or drive a vehicle across the airport boundary to access the permittee's off-airport property, the customer or guest may do so without obtaining a separate boundary crossing permit under this section.

(p) As used in this section, "airport boundary" and "boundary" mean any border between land or water managed by the department as part of an airport and any other land or water.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/26/2009, Register 190; am 7/1/2017, Register 222

17 AAC 45.290 Property survey

(a) A lessee, permittee, or concessionaire shall, unless otherwise stated in the lease, permit, or concession,

(1) provide to the department a boundary survey plat of each airport lot or other land area described in the lease, permit, or concession as part of the premises, incorporating any boundary changes approved by the department, if

(A) a boundary survey is required in connection with the filing of a building permit under 17 AAC 45.280; or

(B) the department approves a lessee's, permittee's, or concessionaire's requested change in the premises boundary; and

(2) provide to the department within 90 days after construction or installation of permanent improvements on the premises an as-built drawing depicting the actual location and dimensions of all improvements constructed or installed on the premises.

(b) The department will specify in writing any special instructions for a survey required under (a) of this section.

(c) A premises boundary survey plat and an as-built drawing required under (a) of this section must be prepared consistent with generally accepted professional standards and any special instructions the department specifies under (b) of this section.

(d) The lessee, permittee, or concessionaire shall pay the cost of a survey or drawing required under this section.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.295 Rental or fee rate adjustment

(a) Unless otherwise specified in a lease, permit, or concession and subject to (b) of this section, 17 AAC 45.297(f), and 17 AAC 45.300(e), the department will adjust the rent for a lease, permit, or concession if applying the applicable rental rate in the fee schedule established under 17 AAC 45.127 results in an increase or decrease in the rent for that lease, permit, or concession.

(b) The department will not adjust the rent for a lease, permit, or concession under (a) of this section more often than once in a twelve-month period and, except for a successive lease, will not adjust the rent for a lease, permit, or concession with a term of more than 10 years during the first five years of that term.

(c) Unless otherwise specified in a lease, permit, or concession and subject to (d) and (e) of this section, in making a rent adjustment for a premises, the department will

(1) determine the new rate applicable to the lease, permit, or concession under the fee schedule established under 17 AAC 45.127;

(2) establish the effective date of the rent adjustment; the effective date may not be earlier than 30 days after the date of the department's notice of rent adjustment under (3) of this subsection; and

(d) Unless otherwise provided in the lease, permit, or concession, a rent adjustment under this section will not increase the rent applicable to a lease, permit, or concession by more than 10 percent per year, compounded for each year since the date the rent for that lease, permit, or concession was last set or adjusted, and will not result in rent greater than fair market rent.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190; am 3/20/2016, Register 217

17 AAC 45.297 Rental rate adjustment protest

(a) If a lessee, permittee, or concessionaire believes an initial rental rate the department has established under 17 AAC 45.127, or a rental rate adjustment the department has implemented as to the lessee, permittee, or concessionaire under 17 AAC 45.295, is not allowed under this chapter or any other law, the lessee, permittee, or concessionaire may protest the rental rate adjustment under this section. Unless the person protesting the rental rate adjustment is an agency of the federal government, the person must begin to pay the adjusted rental rate as of the effective date stated in the department's rental rate adjustment notice and continue to pay the adjusted rental rate throughout the protest process. Failure to pay the adjusted rent on time while the protest is pending constitutes abandonment of the protest.

(b) A rental rate adjustment protest must be in writing and received by the department within 120 days after the date the department mails or delivers the notice of rental rate adjustment to the lessee, permittee, or concessionaire under 17 AAC 45.295.

(1) show that the adjusted rental rate exceeds fair market rent by submitting

(A) a written appraisal of fair market rent by an appraiser certified under AS 08.87 as a general real estate appraiser; and

(B) the name, address, telephone number, and qualifications of the appraiser who prepared the appraisal; or

(2) submit a written statement describing the basis for any claim that the rental rate adjustment is not allowed by the lease, permit, or concession, or by any provision of this chapter or any other law.

(d) The protester's appraisal must be prepared in compliance with the department's instructions and with generally accepted appraisal industry practices. If the rental rate under protest includes a rental rate reduction by the department under 17 AAC 45.127(d), the appraiser must consider in the appraisal all of the conditions listed in 17 AAC 45.127(d) that are applicable to the premises. The appraiser or the protester must submit the appraiser's completed written appraisal to the department within 90 days after the date that the department mails or delivers the department's appraisal instructions to the protester, unless the department grants an extension of time for good cause shown by the protester.

(e) The department will review the appraisal for compliance with the appraisal instructions and either approve or disapprove the appraisal. The department will also review and consider any claim stated in the protest that the rental rate adjustment is not allowed by any other provision of 17 AAC 45.295 or other law. The department will prepare and mail or deliver a copy of the department's written decision to the protester.

(f) If the department approves the appraisal, the fair market rental rate stated in the appraisal becomes the rental rate for the protester's lease, permit, or concession, effective on the date of the rental rate adjustment. If the fair market rental rate stated in the appraisal is less than the rental rate paid by the protester after receiving the department's rental rate adjustment under 17 AAC 45.295 or other law, the department will refund the amount of the overpayment or, at the option of the lessee, permittee, or concessionaire, apply the overpayment as a credit toward future rent.

(g) If for any reason the department concludes that the adjusted rental rate does not conform to 17 AAC 45.295, the department will readjust the rental rate as necessary to bring it into conformity with the requirements of that section and refund to the protester the amount of any overpayment or, at the option of the lessee, permittee, or concessionaire, apply the overpayment as a credit toward future rent.

(h) If the department does not approve the appraisal or other aspects of the protest, the department's written decision constitutes a denial of the protest. The decision will state the reason the department did not approve the appraisal or other claims.

(i) A protester may appeal the department's decision denying the protest in accordance with 17 AAC 45.920. The protester's obligation under (a) of this section to pay the adjusted rental rate continues throughout the appeal process.

History

Authority: AS 02.15.020; AS 02.15.070; AS 02.15.200 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190; am 3/20/2016, Register 217

17 AAC 45.299 Lease of complete airport

(a) The department may lease a complete airport to a municipality or person that the department determines has, directly or under contract, the staffing, equipment, and financial resources necessary to operate and maintain that airport in a manner consistent with applicable FAA standards and the public interest.

(b) A lease for a complete airport will require that during the term of the lease the lessee must

(1) operate the airport as a public facility;

(2) maintain the airport in accordance with criteria established in the lease; and

(3) comply with applicable FAA requirements or any covenants running with the land or facilities.

(c) Subject to (d) of this section, the provisions of this chapter apply to the operation of an airport leased under this section. If the lessee is a municipality, the commissioner may delegate to the lessee the authority to enforce this chapter at the airport, except that such delegation does not impair or reduce the authority of the commissioner to enforce this section or the lease of the airport under this section.

(d) The commissioner will waive the application and enforcement of portions of this chapter at a complete airport leased by the department to a municipality if

(1) the municipality has adopted ordinances that the commissioner determines will adequately provide for the care, operation, protection, and safety of the airport and its use by the public;

(2) the department gives notice to the public in accordance with 17 AAC 45.400 of the commissioner's intent to waive the enforcement of a portion of this chapter at an airport and identifies in the notice

(A) the portion of this chapter the commissioner intends to waive;

(B) the municipal ordinances the commissioner considered in making the determination under (1) of this subsection; and

(3) the commissioner considers the public comments received in response to the public notice; and

(4) the commissioner issues a written waiver to the municipality.

(e) The commissioner will revoke in whole or in part a waiver granted under (d) of this section after written notice to the municipality if the commissioner determines that

(1) the municipality has changed an ordinance on which the waiver was based in a way that no longer adequately provides for the care, operation, protection, or safety of the airport and its use by the public;

(2) changes in state or federal statutes or regulations require the revocation; or

(3) the revocation is otherwise in the best interest of the state.

History

Authority: AS 02.15.020; AS 02.15.070; AS 02.15.090 AS 02.15.060; AS 02.15.080
Eff. 3/28/2002, Register 161

Article 3 Competitive Award

17 AAC 45.300 Competitive award

(a) The department will award a lease, permit, or concession by competitive means

(1) when this chapter or other applicable law requires;

(2) if the lease, permit, or concession is for an exclusive right; or

(3) when the department determines in writing that an award by competitive means is in the best interest of the state.

(b) An award by competitive means will be made by sealed bid under 17 AAC 45.303 - 17 AAC 45.330 unless the department determines in writing that it is in the best interest of the state to make the award by public auction under 17 AAC 45.333 - 17 AAC 45.351, or competitive proposal under 17 AAC 45.354 - 17 AAC 45.381.

(c) A competitive solicitation will include a requirement that a bidder or proposer certify, under penalty of perjury, that the bidder or proposer independently arrived at and prepared the bid or proposal without collusion.

(d) If the department determines in writing that a prospective bidder or proposer assisted in the drafting of the competitive solicitation or otherwise gained substantial information regarding the competitive solicitation that was not available to the public, the department will

(1) exclude the prospective bidder or proposer from submitting a bid or proposal in response to the competitive solicitation; or

(2) if the prospective bidder or proposer has submitted a bid or proposal in response to the competitive solicitation, reject the bid or proposal.

(e) If the department awards a lease, permit, or concession for a non-aeronautical use on the basis of the highest rent to be paid by the permittee or lessee, the department will charge and the lessee, permittee, or concessionaire shall pay the bid or proposed rent during the entire term of the lease, permit, or concession, as applicable. If the department awards a lease for land for an aeronautical use on the basis of the highest rent to be paid by the lessee, during the first 10 years of the lease term the department will charge and the lessee shall pay the bid amount or proposed rent. Beginning with the eleventh year of the lease term, the department will charge and the lessee shall pay the rate then applicable under 17 AAC 45.127 to similar property with an aeronautical use at the airport, subject to adjustment under 17 AAC 45.295 thereafter.

(f) Except as otherwise expressly provided in the competitive solicitation, a bidder or proposer is responsible for all costs associated with the preparation and submission of a bid or proposal.

(g) Repealed 3/22/2008.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190; am 3/20/2016, Register 217

17 AAC 45.303 Sealed bid

(a) If the department makes a lease, permit, or concession available by sealed bid, the department will provide public notice of the invitation to bid in accordance with 17 AAC 45.400 and provide a copy of the bid documents to each person who has paid an application fee under 17 AAC 45.205(a) for an application relating to the property or rights being made available, and to each person who requests a copy and pays the amount charged for the copy under 17 AAC 45.127(s). The bid documents will state the requirements and instructions for submitting a bid.

(b) The department will set a bid opening date that is no earlier than 30 days after the date that the notice is first published or posted. In addition to applicable information required under 17 AAC 45.400(e), the notice will include

(1) a summary of the lease, permit, or concession being made available, including the length or range of term and a description of the premises;

(2) the date, time, and place for any pre-bid conference;

(3) the last date and time and the place for bid submission;

(4) the date, time, and place of public bid opening;

(5) any bidder qualifications;

(6) instructions for obtaining a copy of the bid documents; and

(7) a statement that the department may amend information stated in the notice by giving further notice only to all persons of record to whom the department provided a copy of the bid documents and without additional publication.

(c) The department will make the bid documents, including a sample copy of the lease, permit, or concession to be awarded, available to the public at least 30 days before the last date set for submitting bids. The department may charge an amount set under 17 AAC 45.127(s) for a copy of the bid documents.

(d) The department will set the minimum acceptable bid at a reasonable amount. The department may do one or more of the following:

(1) conduct a pre-bid conference, which the department may designate in the bid documents as either optional or mandatory;

(2) require a bid to be submitted in terms of a bonus bid or in terms of an offer of fees or rent; and

(3) set minimum qualifications to be a bidder.

(e) A bid must include all information required by the bid documents, conform to the requirements contained in the bid documents, and be submitted in writing in a sealed package delivered to the designated place and by the last date and time specified in the bid documents.

(f) A bid must include a statement signed by the bidder that the bidder

(1) has not violated a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 42, or this chapter, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;

(2) has not violated a material term of a contract with the department, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;

(3) is not in arrears on a rental payment or other material financial obligation to the department; or

(4) is not in default of a material obligation under any lease, permit, or concession that the department has issued for any property or activity at any airport that the department owns, operates, or otherwise controls.

(g) A bid becomes the property of the department upon receipt. The name of the bidder and the contents of the bid are confidential until the bid is opened at the public bid opening, at which time the information in the bid becomes public, except for information that is not subject to disclosure under applicable law or to the extent the bid documents allow a bidder to designate certain information as proprietary and for such information to be held confidential by the department.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190

17 AAC 45.306 Bid deposit

(a) The department may require that each bidder submit with the bidder's sealed bid a deposit in an amount and form the department determines appropriate to ensure that the successful bidder will execute the lease, permit, or concession. The department will specify in the bid documents, the minimum deposit amount, the required form of deposit, and how the deposit will be applied. A required deposit amount may not exceed the greater of

(1) the department's estimate of one year's rents and fees; or

(2) the total rents and fees, as calculated by the bidder, that would be payable by the bidder for the first year of the lease, permit, or concession in the event the lease, permit, or concession were awarded to that bidder, plus twenty-five percent of any bonus bid by the bidder.

(c) Subject to (d) of this section, the department will return the deposit of each unsuccessful bidder only after the department has awarded and executed the lease, permit, or concession. The department will return all bid deposits if the department rejects all bids or cancels the invitation to bid.

(d) After bid opening and before award and execution of the lease, permit, or concession, the department will return the bid deposit of a bidder who is not the apparent high bidder if the bidder submits to the department a written withdrawal of the bidder's bid from further consideration and the department determines that withdrawal of the bid and return of the deposit prior to award and execution of the lease, permit, or concession is in the best interest of the state.

(e) Unless the department determines otherwise in writing, withdrawal of a bid and return of a deposit under (d) of this section is presumed in the best interest of the state if those actions are requested to enable the bidder to bid or propose on a different lease, permit, or concession while the department is holding the deposit that the bidder has requested be returned. In that case, the withdrawal becomes effective upon the department's receipt of the bidder's new bid or proposal, and the department will apply the deposit that the person submitted in support of the withdrawn bid toward the deposit requirement for the new bid or proposal.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.309 Bid withdrawal: sealed bids

(a) Except as provided in 17 AAC 45.306(d), a bidder may withdraw the bidder's sealed bid only by written request delivered to the department at the designated place for submitting bids and before the last time and date set for bid submission. A request to withdraw a bid received by the department after the last date and time set for bid submission is late and will not be accepted unless the delay was due to an error of the department.

(b) A bidder may submit a new bid after withdrawal of a bid if the new bid is received at the designated place and by the last date and time specified in the bid documents.

(c) The department will not open any bid before the last date and time set for public bid opening under the bid documents.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.312 Cancellation or postponement of bid opening

The department will cancel or postpone a bid opening if the department determines in writing that cancellation or postponement is in the best interest of the state. The department will give reasonable notice of the cancellation or postponement to all persons of record to whom the department provided a copy of the bid documents.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.315 Bid opening; notice of intent to award

(a) The opening of sealed bids is open to the public. At the opening of sealed bids, the department will open each bid, announce the name of the bidder and the amount of the bid, and identify the bid that appears to be the highest among the bids received.

(b) Before issuing a notice of intent to award, the department will

(1) review each bid to determine its conformity with the bid requirements and instructions;

(2) determine the high bidder among the qualified bidders who submitted responsive bids, and offer any qualifying existing lessee the opportunity under 17 AAC 45.215(e) to meet the highest bid; and

(3) determine under 17 AAC 45.390 whether the high bidder identified under (2) of this subsection is responsible and, if not, determine which qualified and responsible bidder submitted the highest responsive bid.

(c) Within five days after receiving the department's written request, a bidder shall provide any additional information that the department requests for evaluation of the bidder's responsibility.

(d) Subject to (b)(2) and (c) of this section and to the provisions of 17 AAC 45.215(e) and 17 AAC 45.327, the department will issue a notice of intent to award the lease, permit, or concession to the highest bidder who is qualified, responsive, and responsible. At least seven days before awarding the lease, permit, or concession, the department will mail or deliver the notice to all bidders. The notice of intent to award will include the results of the bid opening, the identity of the bidder to whom the department intends to award the lease, permit, or concession, and instructions for filing a protest.

(e) If the department receives only one responsive bid from a qualified and responsible bidder, the department will either award the lease, permit, or concession to that bidder or, if the department determines that the bid is not in the best interest of the state, reject the bid under the provisions of 17 AAC 45.327.

(f) When making an award, the department will mail or deliver to the successful bidder for signature any lease, permit, concession, or other required document that was not required to be signed before the bid was submitted. The successful bidder must sign and return each required document and perform any other requirement of the bid documents within the time set by the bid documents, or if the bid documents state no such deadline, within the time set in the department's transmittal of the document for signature.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.318 Nonresponsive bids

The department will reject as nonresponsive each of multiple bids submitted under the same name or under different names, if the bidding entities are owned or controlled by the same person, or if the bid

(1) is submitted late or to the wrong place, unless the department determines that the bid was received before the last date and time set for bid opening and that the delay or incorrect place of bid submission was due to an error of the department;

(2) does not include the required bid deposit;

(3) is not validly signed;

(4) is illegible;

(5) is not submitted in a sealed package;

(6) fails to acknowledge all material addenda the department has issued;

(7) offers an alternative compensation formula that the bid documents do not allow;

(8) does not conform in all material respects to the bid documents; or

(9) is conditional.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.321 Nonresponsible bidders: sealed bids

After opening sealed bids, the department will reject a bid if the department determines in writing that the bidder is not responsible under 17 AAC 45.390.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.324 Bid errors

After the opening of sealed bids but before award, a bidder may correct minor informalities, but may not correct any other errors discovered in a bid.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.327 Rejection of all bids: sealed bids

At any time before or after issuing a notice of intent to award, the department will reject all sealed bids if the department determines in writing that rejection is in the best interest of the state. If the department rejects all bids, the department will give to all bidders written notice stating the reasons for the rejection.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.330 Cancellation of award: sealed bids

If the successful bidder does not, within the time set under 17 AAC 45.315(f) or as extended by the department for good cause, sign and return the lease, permit, concession, or other required document or perform any other requirement of the bid documents, the department will cancel the award. The cancellation will be in writing and state the reasons for the cancellation. If the department cancels an award, the department will mail or deliver to all bidders a notice of intent to award to the next highest bidder who is qualified, responsible, and responsive or the department will reject all bids under 17 AAC 45.327.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.333 Public auction

(a) If the department makes a lease, permit, or concession available by public auction, the department will give public notice of the auction in accordance with 17 AAC 45.400 and provide a copy of the auction documents to each person who has paid an application fee under 17 AAC 45.205(a) for an application relating to the property or rights being made available, and to each person who requests a copy and pays any amount charged for the copy under 17 AAC 45.127(s). The auction documents will state the requirements and instructions for participating in the auction.

(b) The department will set the auction date no earlier than 30 days after the date that the notice is first published or posted. In addition to applicable information required under 17 AAC 45.400(e), the notice must include

(1) a summary of the lease, permit, or concession being made available, including the length or range of term and a description of the premises;

(2) the date, time, and place for any pre-auction conference;

(3) the date, time, and place for bidder registration;

(4) the date, time, and place for the auction;

(5) any bidder qualifications;

(6) instructions for obtaining a copy of the auction documents; and

(7) a statement that the department may amend information stated in the notice by giving further notice only to all persons of record to whom the department provided a copy of the auction documents and without additional publication.

(c) The department will make the auction documents, including a sample copy of the lease, permit, or concession to be awarded, available to the public at least 30 days before the time set for the auction. The department may charge a fee set under 17 AAC 45.127(s) for a copy of the auction documents.

(d) The department will set the minimum acceptable bid at a reasonable amount and may do one or more of the following:

(1) conduct a pre-auction conference, which the department may designate in the auction documents as either optional or mandatory;

(2) require a bid to be submitted in terms of a bonus bid or in terms of an offer of fees or rent;

(3) set minimum qualifications to be a bidder.

(e) The auction will be conducted in a reasonable manner that the department determines to be in the best interest of the state. If the department has set minimum qualifications to be a bidder, a person who is not qualified may not bid.

(f) A bidder must register at the auction and must submit a statement signed by the bidder that the bidder

(2) has not violated a material term of a contract with the department, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;

(3) is not in arrears on a rental payment or other material financial obligation to the department; or

(g) The department will prohibit a person from bidding at the auction if, at the time of the auction, the person does not present the information required by the auction documents. The department will require written proof that a representative of a prospective bidder is authorized to bid and execute all required documents on behalf of, and as a result to bind, any corporation, partnership, joint venture, or person other than the representative. The department may prohibit a bidding agent from representing more than one person, including the agent.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190

17 AAC 45.336 Registration deposit

(a) The department may require that a person registering to bid at an auction submit a registration deposit at the time of registering. The registration deposit must be in an amount and form the department determines appropriate to ensure that the successful bidder executes the lease, permit, or concession. The department will specify in the auction documents the deposit amount, the required form of deposit and how the deposit will be applied. A required deposit amount may not exceed the department's estimate of rents and fees payable in the first year under the lease, permit, or concession to be awarded, plus twenty-five percent of any minimum bonus bid required in the auction documents.

(b) If the successful bidder does not sign the lease, permit, concession, or any other required document or perform any other requirement of the auction documents within the time required under the auction documents, the bidder forfeits the deposit as liquidated damages for the lost benefit to and related additional costs incurred by the department. However, the bidder does not forfeit the deposit if the department finds that the bidder's failure is excused by extraordinary circumstances beyond the bidder's control.

(c) Subject to (d) of this section, the department will return the deposit of any unsuccessful bidder only after the lease, permit, or concession has been awarded and executed by the department. The department will return all deposits if the department rejects all bids or cancels the auction.

(d) After auction and prior to award and execution of the lease, permit, or concession, the department will return the registration deposit of a bidder who is not the apparent high bidder if the bidder submits to the department a written withdrawal of the bidder's bid from further consideration and the department determines that withdrawal of the bid and return of the deposit before award and execution of the lease, permit, or concession is in the best interest of the state.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.339 Cancellation or postponement of auction

The department will cancel or postpone an auction if the department determines in writing that cancellation or postponement is in the best interest of the state. The department will give reasonable notice of the cancellation or postponement to all persons of record to whom the department provided a copy of the auction documents.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.342 Notice of intent to award: auctions

(a) The department will identify and announce the highest bid and bidder at the auction. Subject to (c) of this section and to the provisions of 17 AAC 45.345, the identification of the highest bidder constitutes the department's notice of intent to award the lease, permit, or concession to that bidder. The department's oral announcement constitutes notice of decision to all persons for purposes of the protest provisions of 17 AAC 45.910(b)(2). The highest bidder must sign the lease, permit, or concession at the auction.

(b) Before the department signs the lease, permit, concession, or other related document, the department will determine whether the highest bidder has fulfilled all the auction requirements and whether the bidder is responsible under 17 AAC 45.390. The department will not sign the lease, permit, or concession earlier than seven days after the date of the auction.

(c) If at an auction the department receives only one bid from a qualified and responsible bidder, the department will either award the lease, permit, or concession to that bidder or, if the department determines that the bid is not in the best interest of the state, reject the bid under 17 AAC 45.345.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.345 Rejection of all bids: auctions

At any time before or after announcing the highest bid and bidder at an auction, the department will reject all auction bids if the department determines that rejection is in the best interest of the state. Within ten days after rejecting all bids under this section, the department will state the reasons for that decision in writing and mail or deliver a copy of that writing to all bidders.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.348 Cancellation of award: auctions

If the highest bidder at an auction does not sign the lease, permit, concession, or any other required document at the auction or perform any other auction requirement, the department will cancel the award. The cancellation will be in writing and state the reasons for the cancellation. If the department cancels an award, the department will mail or deliver to all bidders a notice of intent to award the bid to the next highest bidder who is qualified, responsible, and responsive or the department will reject all bids under 17 AAC 45.345.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.351 Nonresponsible bidder: auctions

The department will reject a bid made at an auction if the department determines in writing that the bidder is not responsible under 17 AAC 45.390.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.354 Competitive proposal

(a) If the department makes a lease, permit, or concession available by competitive proposal, the department will give public notice of the request for proposals in accordance with 17 AAC 45.400 and provide a copy of the proposal documents to each person who has paid an application fee under 17 AAC 45.205(a) for an application relating to the property or rights being made available, and to each person who requests a copy and pays any amount charged for the proposal documents under 17 AAC 45.127(s). The proposal documents will state the requirements and instructions for submitting a proposal.

(b) The department will set the last time and date for submission of proposals no earlier than 30 days after the date the notice is first published or posted. In addition to applicable information required under 17 AAC 45.400(e), the notice must include

(1) a summary of the lease, permit, or concession being made available, including the length or range of term and a description of the premises;

(2) the date, time, and place for any pre-proposal conference;

(3) the last date and time and the place for submission of proposals;

(4) any proposer qualifications;

(5) instructions for obtaining a copy of the proposal documents; and

(6) a statement that the department may amend information stated in the notice by giving further notice only to all persons who have requested a copy of the proposal documents and without additional publication.

(c) The department will make the proposal documents, including a sample copy of the lease, permit, or concession to be awarded, available to the public at least 30 days before the last date and time set for submission of proposals. The proposal documents will include the weighting value or numerical system to be applied to each evaluation factor. The department may charge an amount set under 17 AAC 45.127(s) for a copy of the proposal documents.

(d) In the proposal documents, the department may

(1) provide for a pre-proposal conference, which the department may designate in the proposal documents as either optional or mandatory;

(2) set minimum qualifications to be a successful proposer; and

(3) require that each qualified proposer reasonably susceptible of award make an oral presentation to or participate in an interview with the proposal evaluation committee.

(e) A proposal must include all information required by the proposal documents, conform to the requirements contained in the proposal documents, and be submitted in writing in a sealed package to the designated place by the last date and time specified in the proposal documents.

(f) A proposal must include a statement signed by the proposer that the proposer

(2) has not violated a material term of a contract with the department, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;

(3) is not in arrears on a rental payment or other material financial obligation to the department; or

(g) A proposal becomes the property of the department upon receipt. A proposal, the name of each proposer, and the number of proposals received are confidential until review of all proposals is complete and the notice of intent to award is issued. When a notice of intent to award is issued, the information in each proposal becomes public, except for information that is not subject to disclosure under applicable law or to the extent the proposal documents allow a proposer to designate certain information as proprietary and for such information to be held confidential by the department.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190

17 AAC 45.357 Proposal deposit

(a) The department may require that each proposer submit with the proposal a deposit in an amount and form the department determines appropriate to ensure that the successful proposer executes the lease, permit, or concession. The department will specify in the proposal documents the minimum deposit amount, the required form of deposit, and how the deposit will be applied. The required deposit amount will not exceed the greater of

(1) the department's estimate of one year's rents and fees; or

(2) the total rents and fees, as calculated by the proposer, that would be payable by the proposer for the first year of the lease, permit, or concession, in the event the lease, permit, or concession were awarded to that proposer, plus twenty-five percent of any bonus proposed by the proposer.

(b) If the successful proposer does not within the required time sign the lease, permit, concession, or any other required document or perform any other requirement of the proposal documents, the proposer forfeits the proposer's deposit as liquidated damages for the lost benefit to and related additional costs incurred by the department. However, the proposer does not forfeit the deposit if the department finds that the proposer's failure is excused by extraordinary circumstances beyond the proposer's control.

(c) Subject to (d) of this section, the department will return the deposit of each unsuccessful proposer only after the department has awarded and executed the lease, permit, concession, and any other required document. The department will return all proposal deposits if the department rejects all proposals or cancels the request for proposals.

(d) After the opening of proposals and prior to award and execution of the lease, permit, or concession, the department will return the proposal deposit of a proposer who is not the apparent successful proposer if the proposer submits to the department a written withdrawal of the proposer's proposal from further consideration and the department determines that withdrawal of the proposal and return of the deposit prior to award and execution of the lease, permit, or concession is in the best interest of the state.

(e) Unless the department determines otherwise in writing, withdrawal of a proposal and return of a proposal deposit under (d) of this section is presumed in the best interest of the state if those actions are requested to enable the proposer to bid or propose on a different lease, permit, or concession while the department is holding the deposit that the proposer has requested be returned. In that case, the withdrawal becomes effective upon the department's receipt of the proposer's new bid or proposal, and the department will apply the deposit that the person submitted in support of the withdrawn proposal toward the deposit requirement for the new bid or proposal.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.360 Proposal withdrawals

(a) Except as provided in 17 AAC 45.357(d), a proposer may withdraw the proposal only by a written request delivered to the department at the address for submitting proposals and before the last date and time set for submitting proposals. A request to withdraw a proposal received after the last date and time set for proposal submission is late and will not be accepted unless the delay was due to an error of the department.

(b) A proposer may submit a new proposal after withdrawal of a proposal if the new proposal is received at the designated place by the last date and time specified in the proposal documents.

(c) The department will not open any proposal before the last date and time for proposal submission set in the proposal documents.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.363 Cancellation or postponement of request for proposals

The department will cancel or postpone a request for proposals if the department determines in writing that cancellation or postponement is in the best interest of the state. The department will give reasonable notice of the cancellation or postponement to all persons of record to whom the department provided a copy of the proposal documents.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.366 Evaluation of proposals

(a) The department will appoint a proposal evaluation committee to review proposals received in response to a request for proposals. The evaluation must be based on only the evaluation factors set out in the proposal documents. Evaluation factors not specified in the proposal documents may not be considered.

(b) Each committee member shall independently review and evaluate each proposal and document any comments and preliminary scores in writing. A committee member may not consult with any other committee member until all preliminary evaluations by the committee members are complete. Subject to (c) and (e) of this section, the committee shall then meet to discuss the evaluations and to rank the proposals. A committee member may adjust that member's evaluation of a proposal as a result of further information received under (c) of this section or discussions at the committee meeting.

(c) The committee shall hear any presentations required by the proposal documents and conduct any required oral interviews. The committee may request or offer an opportunity for presentations, oral interviews, clarification of proposals, submission of additional responsibility information, or refined or revised proposals. Any opportunity to provide additional information under this subsection must be offered to all proposers who are reasonably susceptible of award. The committee may limit discussions with or any information requests to proposers under this subsection to specific portions of the proposal documents.

(d) Within five days after receiving the committee's written request, a proposer shall provide additional information for evaluation of the proposer's responsibility.

(f) If the committee finds that a need for substantial clarification or material change in the proposal documents exists, the committee may recommend to the department that the request be amended to incorporate the clarification or change. If the department determines the clarification or change would not be materially inconsistent with the notice information provided under 17 AAC 45.354(b)(1) or (4) and is likely to result in proposals that are more advantageous to the state, the department will amend the proposal documents. The department will set a last date and time for response to the amended proposal documents and provide notice of the amendment and the date and time for response to all persons of record to whom the department provided a copy of the proposal documents. A response to amended proposal documents shall be evaluated in accordance with the applicable provisions of this section.

(g) The committee shall provide the department with a written summary of the committee's findings, ranking all proposals identified as within a range acceptable for award, together with a recommendation for award based upon the top ranked proposal from a qualified, responsible proposer. If the committee considers no proposal to be within a range acceptable for award or if the proposal upon which the committee bases its recommendation for award is the only proposal received that the committee found to be responsive within that range and from a qualified proposer, the committee shall so state in the committee's report to the department.

(h) Upon review of the committee's findings, the department will

(1) issue a notice of intent to award under 17 AAC 45.375 as the committee recommends;

(2) enter into negotiations with the recommended proposer to determine contract terms consistent with the proposal documents and favorable to the state, if permitted under the proposal documents; or

(3) reject all proposals under 17 AAC 45.378.

(i) If the department enters into negotiations under (h)(2) of this section, any changes in the recommended proposer's proposal must be reasonable and must not have the effect of changing the ranking of the proposal under consideration. If the negotiations with the recommended proposer are successful, the department will issue a notice of intent to award to the recommended proposer under 17 AAC 45.375. If, however, the department determines in writing that the recommended proposer has failed to negotiate in good faith, the department may terminate the negotiations and begin negotiations with the next-ranked proposer that the evaluation committee found to be within a range acceptable for award.

(j) If the department begins negotiations with the next-ranked proposer under (i) of this section, the department will negotiate with that proposer and, if the proposer fails to negotiate in good faith, with successively lower ranked proposers within the acceptable range determined by the evaluation committee. The department will conclude negotiations when the department comes to agreement on contract terms consistent with the proposal documents and favorable to the state with the highest ranked proposer possible. Subject to a responsibility determination by the department under 17 AAC 45.372(b) and 17 AAC 45.390, the department will issue under 17 AAC 45.375 a notice of intent to award the contract as negotiated.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.369 Nonresponsive proposals

(a) Unless the proposal documents state that alternate proposals are acceptable, the evaluation committee appointed under 17 AAC 45.366 shall consider a proposal as not responsive if the proposer submits more than one proposal under the same or different names.

(b) The evaluation committee need not evaluate a proposal that the committee finds to be nonresponsive because the proposal

(1) is submitted late or to the wrong place, unless the committee determines that the delay or incorrect place of proposal submission was due to an error of the department;

(2) does not include the required proposal deposit;

(3) is not validly signed;

(4) is illegible;

(5) is not submitted in a sealed package;

(6) fails to acknowledge all material addenda that the department has issued;

(7) offers an alternative compensation formula that the proposal documents do not allow;

(8) does not conform in all material respects to the proposal documents; or

(9) is conditional.

(c) In the interest of competition, increased revenues to the state, or high quality service to the public or as otherwise in the interest of the state, the committee may, before ranking the proposals evaluated under 17 AAC 45.366, give all proposers an equal opportunity to cure otherwise nonresponsive proposals.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.372 Nonresponsible proposers

(a) The evaluation committee appointed under 17 AAC 45.366 may not recommend award to a proposer if the committee determines in writing that the proposer is not responsible under 17 AAC 45.390 or because the proposer fails timely to make a required presentation, attend an interview, or submit a refined or revised proposal or other information requested by the proposal evaluation committee.

(b) The department will consider the responsibility of any proposer not recommended by the evaluation committee but considered for award under 17 AAC 45.366(i) and (j) or 17 AAC 45.381. The department will not award to such a proposer if the department determines in writing that the proposer is not responsible under 17 AAC 45.390.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.375 Notice of intent to award: proposals

(a) Subject to 17 AAC 45.378, the department will issue a written notice of intent to award the lease, permit, or concession to the successful proposer. At least seven days before awarding the lease, permit, or concession, the department will mail or deliver the notice to all proposers. The notice will include the identity of the successful proposer, the rankings of all proposals received, and instructions for filing a protest.

(b) The department will mail or deliver the lease, permit, concession, or other document required under the proposal documents to the successful proposer. The successful proposer must sign and return the lease, permit, or concession and perform any other requirement of the proposal documents within the time set by the proposal documents, or if the proposal documents state no deadline, within the time set in the department's transmittal of the lease, permit, or concession for signature.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.378 Rejection of all proposals

At any time before or after issuing a notice of intent to award, the department will reject all proposals if the department determines in writing that rejection is in the best interest of the state. If the department rejects all proposals, the department will give to all proposers written notice stating the reasons for the rejection.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.381 Cancellation of award: proposals

If the successful proposer does not sign the lease, permit, concession, or any other required document or perform any other requirement of the proposal documents within the time set under 17 AAC 45.375(b) or as extended by the department for good cause, the department will cancel the award. The cancellation will be in writing and state the reasons for the cancellation. If the department cancels an award, the department will, following any negotiations process under 17 AAC 45.366(i) and (j) and subject to a nonresponsibility determination under 17 AAC 45.372(b) and 17 AAC 45.390, mail or deliver to all proposers a notice of intent to award the agreement to the proposer of the next best proposal, as ranked by the proposal evaluation committee, or reject all proposals under 17 AAC 45.378.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.390 Standards of responsibility

(a) In determining whether a bidder or proposer under 17 AAC 45.300 - 17 AAC 45.399 is responsible, the department will or the evaluation committee shall, as applicable, consider such relevant factors as the bidder's or proposer's

(1) record of operational and contractual performance;

(2) legal qualification to contract with the state;

(3) financial capacity and access to financing relative to the obligations of the lease, permit, or concession; and

(b) The department will or an evaluation committee appointed under 17 AAC 45.366 shall, as applicable, determine that a bidder or proposer under this chapter is not responsible if the department or proposal evaluation committee, as applicable, determines that the bidder or proposer

(2) has violated a material term of a contract with the department, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;

(3) is in arrears on a rental payment or other material financial obligation to the department;

(5) fails timely to meet or to demonstrate that the bidder or proposer meets the qualification requirements established in the bid documents issued under 17 AAC 45.303, auction documents issued under 17 AAC 45.333, or proposal documents issued under 17 AAC 45.354, as applicable;

(6) fails timely to establish financial responsibility acceptable to the department; or

(7) fails timely to provide sufficient information to determine its responsibility after request by the department.

(c) A finding of responsibility under this section or under another provision of 17 AAC 45.300 - 17 AAC 45.399, as applicable, does not relieve a bidder or proposer from any requirement for performance under the lease, permit, or concession.

History

Authority: AS 02.15.020; AS 02.15.070 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.393 Bid, auction, or proposal protest

A bidder or proposer under 17 AAC 45.300 - 17 AAC 45.399, as applicable, may protest the department's intent to award a lease, permit, or concession made available for bid or proposal or the department's rejection of a bid or proposal in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.070; AS 02.15.200 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.399 Definitions

Repealed.

History

Eff. 3/28/2002, Register 161; repealed 3/22/2008, Register 185

Article 4 Public Notice; Lease, Permit, and Concession Terms; Insurance; and Cancellation

17 AAC 45.400 Public notice

(a) Except as otherwise provided in (b) or (d) of this section, when this chapter requires public notice, the department will give the public not less than

(1) 30 days' notice by posting the required notice on the Alaska Online Public Notice System;

(2) 21 days' notice by posting the notice in a public place on the affected airport or in the nearest community, with the notice prominently marked "Please leave posted and fully visible until _____;" the department will insert in the blank a date that is no earlier than the last day for receipt of comments and not less than 21 days after the date of first posting; and

(3) if the department finds additional notice is in the best interest of the state, the department will publish notice at least once each week for three consecutive weeks in at least one newspaper of general circulation in the vicinity of the affected airport or in any other publication the department finds appropriate.

(b) Except as provided in (d) of this section, the department will give not less than seven days' notice before issuing (1) a permit with a term of 270 days or less; (2) a lease or permit for a navigational, landing, or weather aid or for a flight service station or air traffic control tower in direct support of airport operations; or (3) a road right-of-way grant or permit. The department will give the notice required in this subsection by posting for not less than seven days on the Alaska Online Public Notice System and in a public place on the affected airport or in the nearest community. A notice posted in a public place under this section must be prominently marked "Please leave posted and fully visible until _____;" the department will insert in the blank a date that is no earlier than the last day for receipt of comments and not less than seven days after the date of first posting.

(c) The applicable notice period required under this section begins on the first day that the notice is either published or posted, whichever occurs earlier.

(d) Public notice under this section is not required if the application for the lease, permit, concession, material amendment, or other interest is

(1) for a business activity permit under 17 AAC 45.105, a commercial passenger vehicle permit under 17 AAC 45.095, an assigned-space permit under 17 AAC 45.500 - 17 AAC 45.590, or a transient aircraft fee parking permit under 17 AAC 45.600;

(2) for a right-of-way for a utility, including an FAA utility, that will serve the airport or airport tenants; or

(3) for a permit for use of airport property for 120 days or less.

(e) Public notice under this section will include, as applicable,

(1) the name of any applicant or the general basis for identification or selection of any person to receive a right or interest;

(2) the general terms of any proposed lease, permit, concession, material amendment, or other interest including the proposed

(A) rent and any other fees;

(B) term;

(D) the class or classes and general description of authorized uses;

(3) the department's mailing address for submitting comment, objection, or, if applicable, a competing application;

(4) the date by which all public comment, objection, and, if applicable, any competing application must be received in writing by department; and

(5) a statement that only a person who submits written comment or objection, or, if applicable, competing application, to the department at the address and by the date and time specified in the notice and includes a return address, is entitled to have notice of the department's decision sent to that address.

(f) An applicant for a lease, permit, concession, or material amendment to a lease, permit, or concession shall not remove, obscure, or cause to be removed or obscured, a notice of the application posted in a public place under (a) of this section, before the "please leave posted and fully visible until" removal date stated in the notice. A person who removes, obscures or causes to be removed or obscured a notice posted in a public place under (a) of this section before the removal date stated in the notice is subject to disqualification from receiving any lease, permit, or concession relating to the subject matter of the notice.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.200
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; am 3/20/2016, Register 217

17 AAC 45.410 General terms of a lease, permit, or concession

(a) The department will include provisions in a lease, permit, or concession that

(1) identify the obligations and privileges of the parties;

(2) produce fair and reasonable revenue for the state;

(3) foster the safe, effective, and efficient operation of the airport;

(4) require compliance with applicable law; and

(5) are in the best interest of the state.

(b) In addition to the other applicable requirements of this chapter, the department will include, as applicable, in a lease, in a permit, except for a first amendment activity permit issued under 17 AAC 45.800 - 17 AAC 45.810, or in a concession, provisions that

(1) require the lessee to assume full control and sole responsibility as between the lessee and the lessor for the activities of the lessee, the lessee's personnel, employees, and persons acting on behalf of or under the authority of the lessee, anywhere on the airport and for the activities of the lessee's sublessees, contractors, and guests, including customers and vendors, on the premises;

(2) require the lessee to coordinate the lessee's activities on the airport with the department and to abide by the department's decisions and directives regarding snow removal, maintenance, and general use of the airport by the lessee, the lessee's personnel, employees, and any person acting on behalf of or under the authority of the lessee, and by the lessee's sublessees, contractors, and guests, including customers and vendors;

(4) require the lessee to immediately notify the department of any condition, problem, malfunction, or other occurrence that threatens the safety of the airport, the safety of persons using the airport, the public health or the environment, or the safety or integrity of the premises;

(6) reserve to the lessor the right to grant to others any right or privilege on the airport that the lessor has not specifically and exclusively granted to the lessee;

(7) reserve to the lessor the right to grant to third parties or reserve to the lessor easements or rights of way through, on, above, or under the premises, so long as the easement or right-of-way does not unreasonably interfere with the lessee's use of the premises;

(8) prohibit, unless the department determines otherwise in the best interest of the state, the following activities:

(A) establishment or maintenance of any kind of living quarters on the premises, except for, as approved by the lessor, accommodations for the customers and employees of a hotel or motel authorized under the lease and temporary overnight accommodations for a member of an air carrier crew or an on-call member of an air ambulance or air rescue crew;

(B) if not visually screened from adjacent properties, the outside storage on the premises of salvage aircraft or vehicle parts, nonoperational support equipment, or unused or damaged equipment or material;

(D) stripping, wasting, or removing from the premises any soil, gravel, trees, or other state-owned material, unless the lessor approves in writing;

(9) prohibit, except as the department otherwise approves in writing, the construction or placement of a building or other permanent above-ground structure

(A) within 30 feet of a boundary line of a premises; and

(B) on the apron side, taxiway side, or runway side of a line beyond which buildings are generally prohibited, as shown on an airport layout plan available from the department;

(10) require the lessee to keep the premises and all improvements on the premises neat and presentable at the lessee's sole expense;

(11) require the lessee to provide for all utilities, maintenance, and services on the premises necessary for the lessee's use of the premises;

(13) require the lessee to provide vehicle, equipment, and aircraft parking space, snow storage, and drainage on the premises adequate for the lessee's activities on the premises;

(14) require that the lessee must

(A) continue to satisfy relevant qualifications initially set under 17 AAC 45.303(d)(3), 17 AAC 45.333(d)(3), or 17 AAC 45.354 (d)(2), as applicable, for the lease, permit, or concession; and

(B) provide to the lessor such documentation as the lessor may reasonably require to establish that lessee is in compliance with this paragraph;

(15) repealed 3/22/2008;

(16) require the lessee to peaceably and quietly vacate the premises and return possession to the lessor at the expiration, cancellation, or termination of the lease;

(18) provide that the lessor will not unreasonably withhold any approval required by the lease or by this chapter;

(19) repealed 3/22/2008;

(20) repealed 3/22/2008;

(21) repealed 3/22/2008;

(23) provide that the lease is subject to all applicable requirements of the state statutes and regulations in effect during the term of the lease, including those relating to the leasing of lands and facilities and the granting of privileges, at state airports;

(24) require the lessee to comply with all applicable

(A) requirements imposed on the airport or the department by federal law to ensure that the airport's or department's eligibility for federal money or for participation in a federal aviation program is not jeopardized; and

(B) orders issued by the department;

(25) require the lessee to pay, within 30 days of the billing date, any cost or damage that the department incurs to enforce or protect the department's rights under the lease or due to any failure of the lessee to comply with a provision of the lease, including a cost to correct a violation under 17 AAC 45.430(d); in this paragraph "cost" includes legal fees and administrative costs;

(26) assure the lessee quiet enjoyment of the lessee's leased premises;

(27) prohibit installation of a drinking water well on the premises where local water utility service is available; and

(28) require the lessee to indemnify the lessor and its agents and employees against a loss or obligation that arises directly or indirectly from the lessee's use or occupancy of the premises, exercise of the privileges granted in the lease, or operations and activity on the airport and that was not legally caused solely by one or more acts or omissions of the lessor, in the following manner:

(A) the lessee shall indemnify, hold harmless, and defend the lessor and its agents and employees to the full extent of the loss or obligation;

(B) notwithstanding (A) of this paragraph, as to any amount paid by the lessor or the lessee to others for personal injury or property damage with respect to which an act or omission of the lessor is a legal cause, the lessee and the lessor shall reimburse each other, as applicable, according to the principles of comparative fault; in addition, the lease provision will state that this provision for reimbursement according to comparative fault is not intended to be construed to affect the rights of any person who is not a party to the lease.

(c) All leases, permits, and concessions are granted without specific warranties, express or implied, concerning the title or condition of the property, including survey, soils, wetlands, access, or suitability for any use, including those uses authorized by the lease, permit, or concession.

(d) In this section, unless the context otherwise requires

(1) "lease" includes "permit" and "concession";

(2) "lessee" includes "permittee" and "concessionaire" and each sublessee of the lessee, permittee, or concessionaire with respect to that sublessee's operations;

(3) "lessor" means the department as the grantor in permits and concessions, as well as leases;

(4) "loss or obligation" includes any loss, fine, penalty, claim, liability, or damages sustained by, asserted against, or imposed on the lessor, including any claim, demand, action, judgment, or liability asserted against or imposed upon the lessor for injury or damages sustained by a person or property.

History

Authority: AS 02.15.020; AS 02.15.070; AS 02.15.200 AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185

17 AAC 45.420 Terms for a lease, permit, or concession for operations that require certified activity reports

(a) In addition to the other applicable requirements of this chapter, and when not prohibited by applicable law, the department will include, as applicable, in a lease, permit, or concession a means for collection of data necessary for receipt of certain federal money, for participation in a federal aviation program, for determination of fees payable under the lease or under this chapter, or for airport planning and operational management. The lease will require the lessee to submit periodically a certified activity report that contains all information required in the lease.

(b) In a lease, permit, or concession that requires the lessee to submit a certified activity report the department will include provisions that

(2) require the lessee to accurately and contemporaneously document in the lessee's records all information required under the lease;

(3) require the lessee to establish and maintain books and records in accordance with generally accepted accounting principles;

(5) require the lessee to either transport the necessary books and records to a location on the airport for inspection and copying or allow the audit to be performed at the location where the lessee maintains the books and records; the department may also include provisions in the lease that provide that the lessor may, upon reasonable notice, require the lessee to give an auditor designated by the lessor access to relevant books and records where and as the lessee maintains the documents;

(6) require that a lessee who elects to, but not a lessee who is required to, have an audit performed at the location where the lessee maintains the records pay the lessor, within 30 days of the billing date, the audit costs the lessor incurs; in this paragraph, "audit costs" include round trip air and ground transportation from the auditor's duty station to the location where the lessee maintains the books and records and per diem at the State of Alaska rate for each day of travel and on-site audit work; in this paragraph, "audit costs" do not include salary and benefit costs of an auditor;

(7) require the lessee to pay, within 30 days of the billing date, any underpayment disclosed by an audit plus

(A) interest at the rate provided in AS 45.45.010 from the date payment was required to be made for the relevant activity had it been accurately and timely reported;

(B) any actual costs and attorney fees that the lessor incurs to collect the underpayment; and

(C) if the underpayment is more than $5,000 in any fiscal year, all audit costs that the lessor incurs, including salary and benefit costs of the auditor;

(8) require the lessor to credit a lessee's account if an audit discloses that the lessee has overpaid for the audit period;

(B) certify whether the lessee is maintaining accounting records in accordance with the lease;

(10) require the lessee to preserve and keep accessible all books and records, however recorded or stored, for the period of time described in the lease; the period of time to preserve all books and records in a lease will be a minimum of three years after the last entry of information into the respective book or record; notwithstanding the minimum period of time set out in this paragraph, if the lessor objects to any report or statement submitted by the lessee, the lessee shall preserve all books and records until the objection is resolved or for the period of time described in the lease, whichever is longer; and

(1) "lease" includes "permit" and "concession";

(2) "lessee" includes "permittee" and "concessionaire" and each sublessee of the lessee, permittee, or concessionaire with respect to that sublessee's operations;

(3) "lessor" means the department as the grantor in permits and concessions, as well as leases.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161

17 AAC 45.425 Insurance for leases, permits, and concessions

(a) Except as provided under (b) of this section, the department will not require a lessee, permittee, or concessionaire to provide insurance coverage as a condition of that person's lease, permit, or concession.

(b) The department will require a lessee, permittee, or concessionaire to provide insurance coverage as a condition of that person's lease, permit, or concession only upon a written determination by the commissioner, or the commissioner's designee, after consultation with the Department of Administration, division of risk management, that

(1) the activity, construction, or operation of the lessee, permittee, or concessionaire under the lease, permit, or concession will expose the state to a liability risk greater than the risk typically posed by the activity, construction, or operation of lessees, permittees, or concessionaires that are not required to obtain insurance under this section; and

(2) it is in the best interest of the state to require the lessee, permittee, or concessionaire to provide insurance coverage.

(c) If the department requires a lessee, permittee, or concessionaire to provide insurance coverage under (b) of this section, the department will include provisions in the lease, permit, or concession that require the lessee, permittee, or concessionaire to obtain, and keep in force insurance coverage protecting both the state and the lessee, permittee, or concessionaire, including

(1) a requirement that the insurer name the state as an additional insured or, if an additional insured provision is inapplicable, include a waiver of subrogation endorsement in favor of the state;

(2) a requirement that the insurer notify the department at least 30 days before any termination, cancellation, or material change in the insurance coverage;

(3) a provision requiring the lessee, permittee, or concessionaire to submit to the department a copy of each required insurance policy, or a certification that each required coverage is in effect, together with evidence that the premiums for each coverage have been paid; and

(4) a statement identifying any insurance coverage and the lowest acceptable coverage limits the department requires for the activity allowed in the lease, permit or concession based on the table set out in this paragraph; if the lease, permit or concession allows more than one activity that requires the same kind of coverage, the coverage limit must be the highest coverage limit applicable to an activity allowed by that lease, permit, or concession:

Cargo and passenger air

service Aircraft and

Aviation Liability

Lowest acceptable cover-

age limit based on the de-

sign seat capacity of the larg-

est aircraft used:

30,000 lbs. CMGTW or

less;

As required by

AS 02.40.010(a); greater than 30,000 lbs.

CMGTW and up to 99

seats; $750,000 per seat com-

bined single limit per oc-

currence and aggregate

per year;

100 or more seats $1,000,000 per seat com-

bined single limit per oc-

currence and aggregate

per year;

Use of airport premises

(including ground-han-

dling) Commercial General

Liability (with air-

port liability endorsement if

the use is aviation-related) $500,000 bodily injury

and property damage

combined single limit per

occurrence and aggregate per year; $100,000 per per-

son bodily injury sublimits;

Operation of owned or

leased vehicle(s) on air-

port Automobile Liability $500,000 combined single

limit per occurrence and

aggregate per year; $100,000 per person

bodily injury sublimits;

Commercial fueling on

and off premises Airport Liability (to-

gether with pollution cov-

erage or a waiver of any

pollution exclusion) $1,000,000 bodily injury

and property damage

combined single limit per

occurrence and aggregate

per year; $100,000 per person bodily

injury sublimits;

Products and Com-

pleted Operations Lia-

bility $100,000 bodily injury

combined single limit per

occurrence; $300,000 bodily injury

aggregate; $100,000 property

damage combined

single limit per

occurrence;

Manufacture or sale of

aviation products on air-

port or premises (other

than fuel) Products and Com-

pleted Operations Lia-

bility $100,000 bodily injury

combined single limit per

occurrence; $300,000 bodily injury

aggregate; $100,000 property

damage combined sin-

gle limit per occurrence;

Distribution, sale, or

serving of alcohol on

airport Liquor Legal Liability $500,000 combined single

limit per occurrence and

aggregate per year;

Employment of employ-

ees doing work on the

premises or on the

airport

Employer's Workers'

Compensation Insur-

ance

Requirements under

AS 23.30.

(d) Notwithstanding the standards set out in (c) of this section, the department may, after consultation with the Department of Administration, division of risk management, require the lessee, permittee, or concessionaire to provide insurance coverage and limits different from those listed in (c) of this section; the department may establish different limits only upon a written finding that

(1) higher limits or coverage are necessary because

(A) the activity, construction, or operation of the lessee, permittee, or concessionaire under the lease, permit, or concession will expose the state to a liability risk greater than the risk typically posed by the activity, construction, or operation of other lessees, permittees, or concessionaires required to provide insurance under this section; and

(B) it is in the best interest of the state to require the lessee, permittee, or concessionaire to provide greater insurance coverage or higher coverage limits; or

(2) lower limits or coverage are justified because

(A) the activity, construction, or operation of the lessee, permittee, or concessionaire under the lease, permit, or concession will expose the state to a liability risk materially lower than the average risk posed by the activity, construction, or operation of other lessees, permittees, or concessionaires to which (c) of this section applies; and

(B) it is in the best interest of the state to allow the lessee, permittee, or concessionaire to provide insurance with reduced coverage or limits.

(e) If a lessee, permittee, or concessionaire obtains insurance with higher limits or greater coverage than any required by the department under this section, nothing in this section or in the lease, permit, or concession may be interpreted to limit the benefit and protection of the state as additional insured to less than the full higher limits and greater coverages.

(f) Neither the existence nor the absence of a requirement for insurance coverage under this section, nor compliance or noncompliance with such a requirement, relieves the lessee, permittee, or concessionaire of any obligation under the lease, permit, or concession, including the obligation of the lessee, permittee, or concessionaire to indemnify the state.

(g) In this section, unless the context otherwise requires,

(1) "aircraft and aviation liability" means insurance that protects the insured from loss due to claims arising from ownership, maintenance, or use of aircraft;

(2) "airport liability" means insurance that protects the insured from loss due to claims arising from activity on land or a building of an airport, including activities on the leased premises of an airport tenant, including operation of mobile equipment;

(3) "liquor legal liability" means insurance that protects the insured from loss due to claims arising from risks relating to the distribution, sale, or service of alcohol by or on behalf of the insured;

(4) "products and completed operations liability" means insurance that protects the insured from loss due to claims arising from the sale of goods or products sold, manufactured, handled, or distributed by the insured, or service operations that have been completed by the insured.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.200
Eff. 3/22/2008, Register 185

17 AAC 45.430 Cancellation of a lease, permit, or concession

(a) The department will deliver by mail, hand, electronic transmission, or posting on the premises a written notice to a lessee, permittee, or concessionaire that violates a term of a lease, permit with a term greater than 270 days, or concession when the department considers the violation to be a material deviation from the requirements of the lease, permit, or concession. Notice under this section is considered effective the earlier of the date the lessee, permittee, or concessionaire is in actual receipt of the written notice, or three days after mailing to the address the lessee, permittee, or concessionaire most recently provided to the department in writing. The department will allow the lessee, permittee, or concessionaire the time specified in this chapter for the specific type of lease, permit, or concession, the time specified in the lease, permit, or concession, or 30 days if no time is specified in this chapter or in the lease, permit, or concession, to correct the violation. However, if the department determines, under (d) of this section, that the violation constitutes an imminent threat to public health or safety, the department may require immediate correction. Provision of notice as described in this subsection to a permittee does not diminish the right of the department under (h) of this section to cancel a permit.

(b) If a lessee, permittee, or concessionaire does not correct the violation by the time allowed in the notice, the department will

(1) grant an extension of time to correct the violation for good cause shown by the lessee, permittee, or concessionaire;

(2) take enforcement action as provided under the lease or as available by law; or

(3) cancel the lease, permit, or concession.

(c) Cancellation of a lease, permit, or concession by the department will be in writing and will state the reasons for the cancellation.

(d) If the department determines that a violation creates an imminent threat to public health or safety, the department will

(1) direct the lessee, permittee, or concessionaire to stop the activity immediately;

(2) provide the lessee, permittee, or concessionaire less time than otherwise specified in the lease, permit, or concession to correct the violation; or

(3) correct the violation.

(e) If the department acts to correct a violation that constitutes an imminent threat to public health or safety as provided under (d) of this section, the lessee, permittee, or concessionaire shall reimburse the department for any cost, including legal fees and administrative costs, reasonably incurred by the department in acting to correct the violation.

(f) A lessee, permittee, or concessionaire may protest the department's decision to enforce or cancel the lease, permit, or concession in accordance with 17 AAC 45.910.

(g) This section applies to all leases, permits, and concessions granted by the department under this chapter, except (a) and (b) of this section do not apply to

(1) an assigned-space aircraft parking permit issued under 17 AAC 45.500 - 17 AAC 45.590;

(2) a transient aircraft fee parking permit issued under 17 AAC 45.600;

(3) a first amendment activity permit issued under 17 AAC 45.800 - 17 AAC 45.810;

(4) a commercial passenger vehicle permit issued under 17 AAC 45.095; or

(5) a business activity permit issued under 17 AAC 45.110.

(h) Except as otherwise provided in this chapter or in the permit, a permit issued after March 22, 2008 may be cancelled by the permittee, or by the department in the best interest of the state, for any reason not in violation of applicable law with 10 days' written notice to the other party.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200; AS 02.15.230
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

Article 5 Assigned-Space Aircraft Parking

17 AAC 45.500 Assigned-space aircraft parking designation

(a) The commissioner will designate an airport for assigned-space aircraft parking if the commissioner determines in writing that the designation is in the best interest of the state. In making this determination, the commissioner will consider the applicable factors set out at 17 AAC 45.900 and the following:

(1) the number of aircraft based at the airport, other than those based on leased premises, the demand for transient aircraft fee parking, and the amount of space available for assigned-space aircraft parking at the airport;

(2) the potential impact of assigned-space aircraft parking fees on airport users; and

(3) the department's estimate of the cost to implement the requirements of 17 AAC 45.500 - 17 AAC 45.590 at the airport compared to the potential revenue the department would receive for assigned-space aircraft parking at the airport.

(b) The department will inform the public that the commissioner has designated an airport for assigned-space aircraft parking by giving notice in accordance with 17 AAC 45.400. The notice will include

(1) the name of the airport;

(2) any limitations established under (e) of this section on the number of permits for a category of assigned space that may be held by any one person;

(3) the deadline for submitting a permit application to the department in order to be considered for the initial award of permits; this date will be at least 30 days after the first date the notice is published or posted;

(4) the address for obtaining a permit application form;

(5) the address for submitting a permit application; and

(6) if permits are to be awarded by lottery under 17 AAC 45.550, the time and place for an assigned-space permit lottery.

(c) When the commissioner designates an airport for assigned-space aircraft parking, the department will establish the first date on which the requirements of 17 AAC 45.500 - 17 AAC 45.590 will apply to the airport.

(d) The categories for permits under 17 AAC 45.500 - 17 AAC 45.590 are float, wheel, and ski/tundra tire, as the department determines to be applicable for each airport the commissioner designates for assigned-space aircraft parking. If the department determines that assigned spaces of one permit category may be used for parking aircraft with landing gear of a different category without posing unreasonable safety, operational, or management conflicts, the department will permit that use.

(e) When the department determines that the demand for assigned spaces in a category at an airport exceeds the number of spaces available, the department will limit the number of permits for a category of assigned spaces that a person may hold at that airport. During any period that a limit under this subsection on the number of permits a person may hold is in effect at an airport, the department will deny an application for a new permit or a permit renewal for a category of assigned space at that airport if the applicant already holds at that airport a number of permits for that category that is equal to or in excess of the limit established for that category under this subsection.

(f) If the department determines in writing that the demand for assigned spaces in a category at an airport exceeds the number of spaces available by 50 percent or more, the department may, after determining the maximum number of spaces in that category allowed per permit holder under (e) of this section, cancel permits in excess of that number held at that airport for that category by the same permit holder. If the department cancels permits under this subsection, it will do so in a manner that assures that no person holds more than the maximum number of spaces established for that category at that airport under (e) of this section.

(g) When the department determines in writing that it would be cost-effective and in the best interest of the state to do so, the department will use an agent or contractor to manage assigned spaces at an airport. The department will authorize that person to do one or more of the following, as appropriate:

(1) issue assigned-space permits;

(2) collect rents and fees;

(3) maintain the assigned space.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.510 Assigned-space use and fees

(a) The department will limit the type, weight, use, or dimensions of aircraft authorized to use an assigned space at an airport when doing so is justified by the design, safety, maintenance, or operation of the space, the parking area, or the airport.

(b) A person may park only one aircraft at a time in an assigned space on an airport and only an aircraft listed on the assigned-space permit issued for that space under 17 AAC 45.520. A person is eligible to receive an assigned-space permit from the department only if

(1) the person owns or leases at least a one-third interest in each aircraft listed on the permit;

(2) each aircraft listed on the permit is airworthy;

(3) the person has submitted to the department a completed application that satisfies all requirements for approvals under 17 AAC 45.520; and

(4) the person timely pays

(A) for a long-term permit, the first six months' space rent, and any electrical access surcharge required under (p) of this section; or

(B) for a short-term permit, the first three months' space rent and any electrical access surcharge required under (p) of this section.

(c) If a permittee sells or transfers the permittee's interest in an aircraft identified in the permit or if the aircraft ceases to be airworthy, the permittee shall give the department notice of the sale, transfer, or unairworthy condition of the aircraft within 30 days after the date of the sale or transfer or the first date the aircraft is no longer airworthy.

(d) If the airport manager determines that an aircraft is not airworthy, the department will issue a written notice directing the permittee to restore the aircraft to an airworthy condition, obtain a replacement aircraft, or relinquish the permit.

(e) A holder of a long-term permit has 270 days, subject to extension under 17 AAC 45.530(g), from the earliest of the date of the sale or transfer of an aircraft identified in the permit, the first date the aircraft is no longer airworthy, or the date of the department's written notice under (d) of this section to

(1) obtain a replacement aircraft that is airworthy;

(2) restore the aircraft to an airworthy condition; or

(3) remove the aircraft from the space and, if no other aircraft is listed on the permit, relinquish the permit.

(f) If a permittee replaces an aircraft identified in the permit, the permittee shall, within 30 days after the replacement,

(1) notify the department that the replaced aircraft is withdrawn from the permit;

(2) provide to the department a copy of the current registration and a statement of the dimensions of the replacement aircraft; and

(3) provide evidence to the department that the permittee is the owner or lessee of at least a one-third interest in that aircraft.

(g) Except as provided in (h) of this section, a person may not use an assigned space for fuel storage, vehicle parking, equipment storage, parking more than one aircraft at a time, or any other purpose not specifically authorized by the department in the permit for that assigned space. A person may not use an assigned space in operation of a commercial or business activity unless the assigned-space permit for that space expressly authorizes that use.

(h) The holder of an assigned-space permit may, subject to 17 AAC 45.055, 17 AAC 45.080, and 17 AAC 45.085, as applicable

(1) park one permittee-owned vehicle and one guest- or customer-owned vehicle in the assigned space while the aircraft assigned to the space is on a flight, unless the airport manager determines that the vehicle parking will interfere with the maintenance, operation, or safety of the airport;

(2) park one permittee-owned vehicle in the assigned space while the permittee is fueling, maintaining, repairing, or readying for a flight an aircraft identified in the permit for the space;

(3) allow an aircraft service vendor to park a vehicle in the assigned space only while the service vendor is fueling, maintaining, repairing, or otherwise servicing an aircraft identified in the permit for the space;

(4) use a motor vehicle equipped with an aviation fuel tank or fuel dispensing apparatus to fuel an aircraft identified in the permit for the space; and

(5) if the department has approved doing so in writing, place and use a permittee-owned aviation fuel storage tank, equipment shelter, or both, as applicable, on an assigned space that is designated by the department for use by

(A) wheel- or ski-equipped aircraft, if the space is located on a portion of the airport where the department has determined in writing that it is appropriate to allow a permittee to have either a fuel tank or an equipment shelter or both on the assigned space; or

(B) float-equipped aircraft.

(i) An aircraft, vehicle, or other personal property parked or placed in violation of 17 AAC 45.500 - 17 AAC 45.590 is subject to impoundment by the department under 17 AAC 45.115.

(j) The department is not obligated to provide an aircraft tiedown anchoring device in an assigned space. The use of any anchoring device provided on the premises is at the sole risk of the user. If the department does not provide tiedown anchoring devices in an assigned space, or if the permittee chooses not to use a provided anchoring device, the permittee may install and use at the permittee's own risk, only a screw-in or duck bill anchoring device or another device that the department specifically approves in writing for that purpose. Any anchoring device installed in an assigned space must, unless otherwise authorized or directed by the department, be left installed and becomes the property of the department upon cancellation of the permit or upon expiration of the permit not followed by a new permit for the same space to the same permittee.

(k) For payment of rent and any electrical access fee under (p) of this section for an assigned space, the department will establish a six-month billing cycle for a long-term permit, and a three-month billing cycle for a short-term permit. Except as provided in (b)(4) or this section, the applicable rent and electrical access fee is due on or before the first day of the billing cycle.

(l) If a long-term assigned-space permit or a short-term assigned-space permit is cancelled, the department will deduct any obligation of the permittee to the department under the permit or any other lease, permit, or concession under this chapter from the amount of the advance rent and any electric access fee paid, and will refund any remaining space rent and any electrical access fee that has been paid for any month after the month in which the permit is cancelled. However, an initial payment under (b)(4) of this section is not refundable.

(m) The monthly rent for an assigned space designated by the department for use by wheel- or by ski-equipped light aircraft is as follows:

Space

Type Space

Surfaces Monthly Rent

In Dollars tail-inunpaved$41tail-inpaved48taxi-throughunpaved55taxi-throughpaved61

(n) The monthly rent for an assigned space designated by the department for use by float-equipped light aircraft is $41.

(o) The monthly rent for an assigned space for a heavy aircraft is $41 for the first 6,000 pounds CMGTW, plus $14 per 1,000 pounds of the aircraft's CMGTW over 6,000 pounds, rounded to the nearest 1,000 pounds.

(p) In addition to the rent for an assigned space required under (m) - (o) of this section, the permittee shall pay to the department an electrical access fee of $14 per month for an assigned space with access to electrical power, whether or not the permittee actually uses the electrical access. This fee applies to and covers only the access to electrical power. A permittee who has electrical power access to the permittee's assigned space must separately meter the power and pay all associated costs.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; am 7/1/2017, Register 222

17 AAC 45.520 Assigned-space permit application

(a) To obtain a permit for an assigned space, a person must submit an application to the department. A person may not submit an application for an assigned space for an aircraft that is already listed on an assigned-space permit or on an application for a different permit unless the application identifies the other permit or application and states the applicant's intent to relinquish the other permit or withdraw the other application upon issuance of the new permit. The application must be on a form provided by the department and include

(1) the applicant's name, mailing address, and if available, telephone and facsimile numbers and electronic-mail address;

(2) a copy of the current aircraft registration and a statement of the dimensions of each aircraft that the applicant intends to park in the assigned space;

(3) a statement of the interest that the applicant owns or leases in each aircraft identified under (2) of this subsection, together with the name of and interest held by all other persons who own or lease an interest in that aircraft;

(4) a copy of the lease if the applicant leases the aircraft;

(5) a statement that each aircraft identified in (2) of this subsection is airworthy;

(6) a list of each alternate assigned space for which the applicant requests consideration, in order of the applicant's preference;

(7) a statement as to whether the space is to be used in whole or in part in a commercial aviation business or strictly for noncommercial purposes;

(8) if the space will be used in whole or in part in a commercial aviation business, a description of the applicant's business and a copy of the applicant's Alaska business license;

(9) a non-refundable $35 application fee; and

(10) a statement as to whether the application is for a short-term permit or long-term permit.

(b) The department may require an applicant to submit documentation or additional information to verify the statements made in an application for an assigned-space permit.

(c) Subject to the availability of a space throughout the period requested and (d) and (e) of this section, the department will approve an application for assigned space unless

(1) the applicant fails to submit the information required under (a) or (b) of this section;

(2) the applicant is not in compliance with the requirements of 17 AAC 45.500 - 17 AAC 45.590;

(3) the aircraft the applicant intends to park on the assigned space does not conform to applicable dimension, weight, use, or type limits established by the department under 17 AAC 45.030 or 17 AAC 45.510(a) for any requested space;

(4) the applicant is not the owner or lessee of at least a one-third interest in the aircraft to be parked on the assigned space;

(5) the aircraft to be parked on the assigned space is not airworthy;

(6) the application must be denied under 17 AAC 45.010(g);

(7) the applicant is requesting an additional assigned space for a category of assigned space for which the applicant already holds the maximum number of spaces that the department allows per person under 17 AAC 45.500(e) or (f); or

(8) the applicant does not agree to accept an available space that the department proposes to assign to the permit under (e) of this section.

(d) Notwithstanding (c) of this section, the department may deny an application for an assigned space if the applicant is a current lessee or permittee under a lease or a permit at the airport for use of land that is suitable for aircraft parking and is accessible to the runway by aircraft.

(e) Except as provided under 17 AAC 45.550, if the department approves an application, the department will assign the applicant's first choice space to the permit if the space is available. If the applicant's first choice space is not available because it is the subject of another permit or because the department has determined that the space requested by the applicant is needed by the department for airport development or other state purpose, the department will assign the applicant's second choice space to the permit. With the applicant's agreement, if the applicant's first and second choice spaces are not available, the department may assign another available space to the applicant.

(f) The department will mail or hand deliver to the applicant a permit form for a space assigned under (e) of this section. The applicant has 20 days after the date the department mails or hand delivers the permit form to sign and return the form to the department, together with payment of the rent due under 17 AAC 45.510( l). If the applicant does not timely return the signed permit form to the department and pay the rent due, the opportunity to receive the permit lapses.

(g) Except when awarding permits in a lottery under 17 AAC 45.550, the department will issue permits for assigned space at an airport in the same order as the department receives completed applications.

(h) An applicant for an assigned-space may protest the department's denial of the applicant's application under (c) or (d) or the lapse of an opportunity to receive a permit under (f) of this section in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 7/1/2017, Register 222

17 AAC 45.530 Assigned-space permit

(a) The term of a long-term assigned-space permit at an airport is five years unless the department determines that the space may be needed for airport development within that period or that a shorter term is otherwise in the best interest of the state. The term of a short-term assigned-space permit is one year or less.

(b) In addition to the requirements and conditions stated in 17 AAC 45.510, the following requirements and conditions apply to assigned-space permits:

(1) the permittee may park on the assigned space only an aircraft identified in the permit;

(2) within 90 days after the effective date of a long-term permit, or 45 days after the effective date of a short-term permit, the permittee must begin parking an aircraft identified in the permit on the assigned space;

(3) if the department requires access to a permittee's assigned space for construction, repair, or other purposes, the department may temporarily assign an alternate space to the permittee for the duration of the department's need for the space, subject to the following:

(A) except in the case of an emergency, the department will give the permittee at least 10 days written notice of the temporary assignment;

(B) during the temporary assignment period, the permittee shall pay rent for the temporary space only, at the rate applicable to either the temporary space or the permittee's assigned space, whichever is less;

(4) a permittee who has a permit that authorizes use of an assigned space to park an aircraft used in a commercial aviation business may also use the space for noncommercial purposes;

(5) the department is not obligated to perform snow removal or other maintenance or repair in an assigned space;

(6) a permittee may not transfer, assign, sublet, or loan an assigned space to another person;

(7) as between the department and the permittee, the permittee assumes sole responsibility for the care and protection of the permittee's aircraft parked on the assigned space;

(8) upon written request by the department at any time during the term of the permit, the permittee shall submit to the department additional information requested by the department to support the permittee's compliance with the applicable requirements of 17 AAC 45.500 - 17 AAC 45.590;

(9) a permittee must notify the department of any change in mailing address, telephone or facsimile number, or electronic-mail address.

(c) During a period for which the department determines that the demand for transient aircraft fee parking space at an airport exceeds, or will exceed, the transient aircraft fee parking space available, the department will, at least 10 days after mailing or delivering written notice to each assigned-space permittee at the most recent address provided by the permittee, make each assigned space available for transient aircraft fee parking when the space is not occupied. The notice will include a statement of the beginning and ending dates of the period during which the department anticipates that assigned space will be needed to accommodate transient aircraft parking needs. If an assigned-space permittee notifies the department in advance in writing that, during the period stated in the notice, the permittee's aircraft will be absent from the assigned space for more than 21 consecutive days, specifying the beginning and ending dates of the anticipated absence, then during the period of absence stated in the permittee's notice to the department,

(1) the department may authorize others to use the assigned space for transient aircraft fee parking under 17 AAC 45.600 at their sole risk;

(2) the department will credit to the permittee's space rent obligation one half of any transient aircraft fee parking revenue that the department collects from transient use of the permittee's space; and

(3) the permittee may not park an aircraft or vehicle in the assigned space.

(d) For up to 180 days after the death of a long-term assigned-space permittee, or 60 days after the death of a short-term assigned-space permittee, the personal representative of the permittee's estate may, after written notice to the department, keep the permit in order to sell or remove the permittee's aircraft. The personal representative shall pay any unpaid rent for the space through the date the space is relinquished to the department under (h) of this section and shall comply with and be subject to all the terms of the permit through that date.

(e) A permittee who desires to renew an expiring assigned-space permit must, at least 30 days before the expiration date of the permit, submit to the department an application for a renewal permit for the space. The application must be on a form provided by the department and must include

(1) a non-refundable $35 application fee; and

(2) a statement signed by the permittee stating

(A) that the permittee is in compliance with the expiring permit and this chapter;

(B) the interest that the applicant owns or leases in each aircraft identified on the expiring permit, together with the name of and interest held by all other persons who own or lease an interest in that aircraft; and

(f) Subject to any limit on the number of permits a person may hold for a category of permit under 17 AAC 45.500(e), the department will approve an assigned-space permittee's application for a renewal permit unless the department determines that

(1) the assigned space is needed for airport development or other state purpose;

(2) the permittee is not in compliance with the expiring permit or the applicable provisions of 17 AAC 45.500 - 17 AAC 45.590;

(3) the permittee is not the owner or lessee of at least a one-third interest in each aircraft listed on the expiring permit and that the permittee proposes to list on the renewal permit;

(4) no aircraft listed on the expiring permit and that the permittee proposes to list on the renewal permit is airworthy and the permittee does not provide reasonable assurance that at least one aircraft will be made airworthy or replaced within the period provided under 17 AAC 45.510(e); or

(5) the application must be denied under 17 AAC 45.010(g).

(g) The department may, for good cause shown, approve a request by an assigned-space permittee or permittee's personal representative, as applicable, to extend the period of time to perform an act required under 17 AAC 45.510(e) or under (d) of this section. The request must be in writing and must include justification for the request and a date by which the required act will be completed. Any extension or combination of extensions granted under this subsection will not exceed 90 days.

(h) After the expiration or cancellation of an assigned-space permit, the departing permittee remains responsible to pay rent to the department and to abide by all other permit obligations, including maintenance of the space, through the date on which the permittee relinquishes possession of and completely vacates the space. A departing permittee will not be considered to have relinquished possession and completely vacated the space until the permittee has

(1) remediated, consistent with applicable law, any contamination for which the permittee is responsible under this chapter;

(2) restored the space to a clean and neat physical condition acceptable to the department; and

(3) removed all of the permittee's personal property from the space, except for any aircraft tiedown anchoring device that the department has not authorized to be removed.

(i) An assigned-space permittee may protest the department's denial of the permittee's application to renew an expiring permit under (f) of this section or the department's denial of a request to extend the period to perform an act under (g) of this section in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 7/1/2017, Register 222

17 AAC 45.540 Cancellation of an assigned-space permit

(a) A long-term assigned-space permit holder may cancel the permit for any reason upon 30 days' written notice to the department. A short-term assigned-space permit holder may cancel the permit for any reason upon 10 days' written notice to the department.

(b) The department will cancel an assigned-space permit if, 30 days after the department mails or delivers written notice of noncompliance to the long-term permittee, or 10 days after the department mails or delivers written notice of noncompliance to the short-term permittee, the permittee has failed to pay the required rent for the space and any applicable electrical access fee when the rent is due as provided in 17 AAC 45.510 or has otherwise failed to comply with an applicable requirement of 17 AAC 45.500 - 17 AAC 45.590 or the terms of the permit.

(1) 45 days after the department mails or delivers written notice of the department's intent to cancel to a short-term permittee;

(2) 90 days after the department mails or delivers written notice of the department's intent to cancel to the long-term permittee; or

(3) after as much notice as may be practical under the circumstances if the department determines that the space is needed on an emergency basis.

(d) After cancellation of an assigned-space permit, the department will determine the rent payable for the space to the date the permittee relinquishes and vacates the space under 17 AAC 45.530(h). The department will refund any excess rent paid by the permittee after deducting

(1) any amount owed to the department by the permittee under a contract with the department; and

(2) the amount applicable to any remainder of the first three months of a short-term permit or the first six months of a long-term permit.

(e) An assigned-space permittee may protest the department's cancellation of a permit under this section in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.550 Assigned-space permit lottery

(a) The department will award by lottery initial permits for a category of assigned space at an airport if

(1) when designating an airport for assigned-space aircraft parking under 17 AAC 45.500, the commissioner determines that the demand for assigned space in that category at the airport exceeds the space available for that category; or

(2) the number of applications received by the department for assigned space in that category in response to the public notice given under 17 AAC 45.500 exceeds the number of spaces available for that category.

(b) Before conducting an assigned-space permit lottery, the department will give notice of the lottery to the public in accordance with 17 AAC 45.400. The notice will include

(1) the name of the airport;

(2) the number of assigned-space permits in the category being made available;

(3) a description of the permits being made available, including term, conditions, and limitations;

(4) the address and last date and time by which an application must be received by the department to be included in the lottery; the date will be at least 30 days after the date the notice is first published or posted under 17 AAC 45.400; and

(5) the date, time, place, and manner of conducting the lottery, which may include either random assignment of spaces or space assignment based upon preferences stated in randomly drawn applications.

(c) The department will include in a lottery under this section each applicant who has submitted an assigned-space permit application in accordance with 17 AAC 45.520(a) and (b), as applicable, and whose application has been approved by the department under 17 AAC 45.520(c).

(d) The department will conduct an assigned-space permit lottery at the time and place stated in the public notice substantially as follows:

(1) attendance at the lottery is open to the public;

(2) a separate lottery is conducted for each category of assigned space identified in the public notice;

(3) the department draws applications one at a time until all applications have been drawn;

(4) as each application is drawn, the applicant's name and either the randomly-assigned space number or the order of the applicant's space preferences, as applicable, are announced and recorded;

(5) if spaces are to be assigned based upon applicant preference,

(A) the applicant whose application is drawn first is awarded a permit for the highest choice of assigned space listed in the application; and

(B) for each subsequent application drawn, the department awards to the applicant

(i) a permit for the highest choice of assigned space that is listed in the application and has not yet been awarded; or

(ii) if each space listed in the application is already awarded, a permit for an available space as determined by the department; if the applicant has stated in the application that the applicant only desires award of an assigned space specifically listed in the application, then no space is awarded to the applicant;

(6) if the department has assigned all available spaces before all applications have been drawn, the department will establish a wait list under 17 AAC 45.570 starting with the remaining applicants in the order that remaining applications are drawn.

(e) An applicant for a permit under this section may protest a decision by the department regarding that person's application in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.560 Assigned-space switch list

(a) For each airport designated for assigned-space aircraft parking, the department will establish and maintain a switch list by which a permittee may have an opportunity to receive reassignment to a different assigned space in the same category. Each switch list will be maintained in chronological order according to the date the department receives each written switch request under (b) of this section for that category of assigned space. Each switch list is a public record and will include

(1) each requesting permittee's

(A) name;

(B) mailing address;

(D) currently assigned space and the category of space and list or description of spaces to which the permittee would accept reassignment; and

(2) the date the department received each switch request.

(b) An existing permittee in good standing may request to be placed on a switch list by submitting a written request on a form provided by the department. Placement on a switch list does not create a right to reassignment to a different space.

(c) When an assigned space becomes available, the department will, by telephone, facsimile, electronic-mail, or other means reasonably calculated to make immediate contact, make not less than one attempt on each of at least two days to offer the space to the first permittee on the applicable switch list who has requested to be reassigned to that space.

(d) If the permittee does not accept an offer under (c) of this section within five days after the department offers the space, or if the department is unable to contact the permittee by the attempts described in (c) of this section, the department will offer the available space to the next permittee on the applicable switch list who has requested reassignment to that space. If no switch-list permittee who requested reassignment to the space accepts the offer of that available space, the department will make the space available to the first wait-list applicant in accordance with 17 AAC 45.570.

(e) A permittee who accepts an offer to switch to a new assigned space under this section shall, within 14 days after accepting the offer, execute a permit amendment or new permit for the new space for the balance of the permittee's term at the previous assigned space and relocate the permittee's aircraft to the new space. In addition, the permittee shall, at no expense to the department,

(1) relocate the permittee's personal property to the new space;

(2) transfer the permittee's personal property to the succeeding permittee of the vacated space; or

(3) remove the permittee's personal property from the airport.

(f) If a permittee on a switch list fails to accept an offered space within five days of receipt of the offer under (d) of this section or the department is unsuccessful in its attempts to contact the permittee as provided in (c) of this section, the department will move the permittee's name to the end of the switch list.

(g) A permittee on a switch list must notify the department of any change in mailing address, telephone or facsimile number, or electronic-mail address.

(h) A permittee who applies to be placed on a switch list or a permittee on a switch list may protest a decision of the department under this section in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.570 Assigned-space wait list

(a) When permits have been issued for all assigned spaces in a category on an airport, the department will establish and maintain in chronological order according to the date the department receives written assigned-space or wait-list applications, a wait list of applicants for space in that category. A wait list is a public record.

(b) The department will add to a wait list for an airport a person who has submitted to the department either a completed application for an assigned space or a wait-list application on a form provided by the department.

(c) A wait list will include each applicant's name, mailing address and, if available, telephone and facsimile numbers and electronic-mail address, and the date the application was received by the department.

(d) Except as provided for a wait list established in connection with an assigned-space permit lottery under 17 AAC 45.550(d), the department will add names to a wait list for a category of space at an airport in the order that the department receives applications for that category of space or wait list at that airport.

(e) An applicant on a wait list shall promptly notify the department in writing of any change in the applicant's name, mailing address, telephone or facsimile number, or electronic-mail address.

(f) In order to remain on a wait list, an applicant must submit to the department between September 1 and October 31 of each calendar year a written request to do so. The department will remove from a wait list the name of a person who fails timely to submit a written request under this subsection.

(g) When an assigned space becomes available and is not assigned to another permittee on a switch list under 17 AAC 45.560, the department will identify the applicant who is first on any applicable wait list and whose application lists an aircraft that satisfies any limitation established for the space under 17 AAC 45.510(a). If, within the preceding 12 months, the applicant has submitted an assigned-space permit application that is approvable under 17 AAC 45.520(c), the department will mail or hand deliver to the applicant a permit form for the space. If the applicant has not submitted an assigned space application that is approvable under 17 AAC 45.520(c) within the preceding 12 months, the department will mail or hand deliver to the applicant a new permit application to be submitted in accordance with 17 AAC 45.520.

(h) When the department mails or delivers a new permit application to an applicant under (g) of this section, the applicant must complete and submit the application and, if the applicant has not already done so for a pending application, pay the application fee required under 17 AAC 45.520(a) to the department within 20 days after the date that the department mails or hand delivers the application. If the applicant does not timely submit the application and application fee, if applicable, the applicant's opportunity to apply for the available space lapses, and the department will remove the applicant's name from the wait list, mail or deliver written notice to the applicant that the department has done so, and make the space available to the next person on the wait list in accordance with (g) of this section.

(i) The department will approve an assigned space application submitted under (h) of this section if the application is approvable under 17 AAC 45.520(c), except that the applicant has 90 days from the date the application is submitted to acquire at least a one-third ownership or leasehold interest in an airworthy aircraft that the applicant seeks to list on the permit. If the department approves an application under this paragraph, the department will mail or hand deliver a permit for the space to the applicant.

(j) An applicant to whom the department mails or hand delivers a permit form under (g) or (i) of this section must, within 20 days after the date of that mailing or delivery, sign the permit and return it to the department together with payment of the rent due under 17 AAC 45.510( l) - (p), as applicable. If the applicant timely signs and returns the permit and pays the required rent, the department will award the permit for the assigned space to the applicant and remove the applicant's name from the wait list. If the applicant does not timely sign and return the permit with the rent payment, the applicant's opportunity to accept the permit lapses, and the department will remove the applicant's name from the wait list, mail or deliver written notice to the applicant that the department has done so, and make the permit available to the next person on the list in accordance with (g) of this section.

(k) A permit applicant who applies to be placed on a wait list or an applicant on a wait list may protest a decision of the department under this section in accordance with 17 AAC 45.910.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.580 Birchwood airport transitional compliance requirements

The Birchwood Airport is designated for assigned-space aircraft parking. The provisions of 17 AAC 45.500(a) - (c) do not apply to the Birchwood Airport.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

17 AAC 45.590 Definitions

In 17 AAC 45.500 - 17 AAC 45.590, unless the context otherwise requires,

(1) "long-term" means a term more than one year;

(2) "noncommercial purpose" means the use of an assigned space to park an aircraft that is flown only for purposes other than commercial aviation business;

(3) "short-term" means a term of one year or less;

(4) "tail-in" means a type of assigned space into which the aircraft must be backed, tail first;

(5) "taxi-through" means a type of assigned space configured to allow an aircraft to be moved into and out of the parking position under its own power.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

Article 6 Transient and Open Aircraft Parking

17 AAC 45.600 Transient aircraft fee parking

(a) The commissioner will designate a portion of an airport for transient aircraft fee parking on a temporary, seasonal, or year-round basis if the commissioner determines in writing that it is in the best interest of the state to do so considering the applicable factors set out in 17 AAC 45.900 and

(1) the volume of transient aircraft traffic at the airport and the amount of space available for the parking of transient aircraft;

(2) the potential impact of transient aircraft parking fees on airport users;

(3) the estimated cost of implementing the requirements of this section at the airport as compared to the potential revenue the department would receive; and

(4) the parking services for transient aircraft that are, or could be, provided by lessees at the airport and the potential impact implementation of transient aircraft fee parking by the department would have on those lessees.

(b) The department will inform the public that the commissioner has designated a portion of an airport for transient aircraft fee parking by

(1) giving notice of the designation in accordance with 17 AAC 45.400, including the name of the airport, the temporary, seasonal, or year-round term of the designation, and the effective date of the designation; this date will be at least 30 days after the date the notice is first published or posted; and

(2) posting in or near the transient aircraft fee parking area a sign that identifies the area as transient aircraft fee parking area, states the temporary, seasonal, or year-round term of the designation and any limitations on the amount of time an aircraft may be parked in the transient aircraft fee parking area, and includes instructions for using transient aircraft fee parking area and the payment of fees.

(c) The procedure set out in (b) of this section does not apply to the department's temporary use of a space designated as assigned space under 17 AAC 45.500 - 17 AAC 45.590 for transient aircraft fee parking under 17 AAC 45.530(c).

(d) The following restrictions and conditions apply to the use of a transient aircraft fee parking area:

(1) the department will limit the type, weight, use, or dimensions of an aircraft allowed to use a transient aircraft fee parking area if the department determines that the limitation is justified by the design, safety, maintenance, or operation of the transient aircraft fee parking area or the airport;

(2) a pilot who parks an aircraft in a transient aircraft fee parking area shall comply with all requirements established under 17 AAC 45.030 and posted by the department on a sign in or near the transient aircraft fee parking area, including, as posted, a requirement to provide the mailing address, telephone number and local contact information, if any, for the pilot and for the aircraft owner if different, and to pay the fee established in (f) of this section by

(A) reporting to the airport manager or to the department's designated agent at the airport immediately after landing to obtain parking approval and to pay the fee;

(B) filling out and signing a transient aircraft fee parking permit envelope furnished by the department and, after enclosing the fee, depositing the envelope in a drop-box furnished by the department;

(C) reporting transient aircraft fee parking use and paying the fee by mail according to instructions posted at the parking area or otherwise provided by the department; or

(D) complying with any combination of the requirements of (A) through (C) of this paragraph, as determined by the department;

(3) if the airport manager determines that an aircraft in a transient aircraft fee parking area is not airworthy and that the area is needed for use by other aircraft, the department will or the airport manager shall mail or deliver to the pilot or post on the aircraft a written notice that the department may impound the aircraft under 17 AAC 45.115 if the aircraft is not removed from the transient aircraft fee parking area or restored to an airworthy condition within a period ending not less than 14 days after the date of the notice;

(4) a person may use a transient aircraft fee parking area only to park, load, and unload aircraft, unless the airport manager authorizes the person also to fuel, maintain, or repair an aircraft or temporarily to park a vehicle or equipment on the area in connection with use or servicing of the aircraft listed on the permit;

(5) the manager may limit the amount of time an aircraft may be parked in a transient aircraft fee parking area; the manager shall post any time limit established under this paragraph on a sign in or near the transient aircraft fee parking area;

(6) an aircraft, vehicle, or other personal property parked, placed, or left in violation of this section is subject to impoundment by the department under 17 AAC 45.115.

(e) A transient aircraft fee parking area may not be used as a base of operations for a commercial aviation business or for an activity for which a business activity permit under 17 AAC 45.105 is required at that airport.

(f) Subject to (g) of this section, the transient aircraft parking fee is as follows:

(1) there is no charge for parking in a transient aircraft fee parking area for 24 hours or less;

(2) for each period of up to 24 hours after the first 24 hours, the transient aircraft parking fee for parking a light aircraft is $5;

(3) for each period of up to 24 hours after the first 24 hours, the transient aircraft parking fee for parking a heavy aircraft is the greater of $10 or $1 per 1,000 pounds, rounded to the nearest 1,000 pounds, CMGTW of the aircraft.

(g) Upon a written finding by the commissioner that the designation of an area for transient aircraft fee parking at an airport is no longer in the best interest of the state or that the temporary or seasonal term of the designation should be modified, the commissioner will either terminate or modify a transient aircraft fee parking designation at the airport, as applicable. When the commissioner terminates or modifies a transient aircraft fee parking designation at an airport, the department will

(1) mail or deliver written notice of the commissioner's decision to each pilot and owner address reported under (d)(2) of this section for aircraft that then occupy the transient aircraft fee parking area on the airport; and

(2) remove, cover, or modify, as appropriate, any sign identifying the area as a transient aircraft fee parking area.

(h) When the department determines it would be in the best interest of the state to do so, the department will use an agent or contractor to manage the transient aircraft fee parking area at an airport. The department will authorize that person to issue transient aircraft fee parking permits, to collect rents and fees, and to maintain the transient aircraft fee parking area, as appropriate.

(i) This section does not apply to aircraft parking on a premises at an airport.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 7/1/2017, Register 222

17 AAC 45.610 Open aircraft parking

(a) This section applies to use of an area that the department has designated for aircraft parking on an airport at which the department has not designated an area for assigned-space aircraft parking under 17 AAC 45.500 - 17 AAC 45.590 or transient aircraft fee parking under 17 AAC 45.600.

(b) The department will limit the type, weight, use, or dimensions of aircraft that may be parked in an open parking area if the department determines the limitation is appropriate for the design, safety, maintenance, or operation of the open parking area or the airport.

(d) An open parking area may not be used for parking an aircraft that is not airworthy unless the pilot, owner, or other person responsible for the aircraft is making reasonable efforts to restore the aircraft to an airworthy condition or to remove it.

(e) If the airport manager determines that an aircraft that is not airworthy is parked in an open parking area in violation of (d) of this section or that there is insufficient open parking area at the airport for parking of other aircraft and that an alternative private or public area is available at the airport for an aircraft under repair, the department will or the airport manager shall mail or hand deliver to the pilot, owner, or other person responsible for the aircraft, or post on the aircraft, a written notice of the violation or order to move the aircraft. The notice or order shall state that, if the aircraft is not removed from the open parking area or restored to an airworthy condition in a period ending not less than 14 days after the date of the notice, the department may impound the aircraft under 17 AAC 45.115.

(f) A person may use an open parking area only to park, fuel, maintain, load, and unload aircraft, unless the airport manager authorizes the person also to fuel, maintain, or repair an aircraft or temporarily to park a vehicle or equipment on the area in connection with use or servicing of an aircraft. An open parking area may not be used to store fuel, equipment, or cargo or to park an unattended vehicle.

(g) An aircraft, vehicle, or other personal property parked, placed, or left in an open parking area in violation of this section is subject to impoundment by the department under 17 AAC 45.115.

(h) The airport manager may restrict pedestrian and vehicular access to an open parking area if the department determines that the restriction is necessary for the safety or security of the airport.

History

Authority: AS 02.15.020; AS 02.15.060; AS 02.15.090
Eff. 3/28/2002, Register 161

Article 7 Airport Closure; Disposal of State-Owned Airport Property

17 AAC 45.700 Airport abandonment or closure

(a) The commissioner will order the abandonment or the temporary or permanent closure of an airport to aircraft operations if the commissioner finds that it is in the best interest of the state to do so, considering

(1) safety to aircraft and the traveling public;

(2) construction or other development activities at or near the airport;

(3) the nature and extent of use of the airport;

(4) the cost to maintain the airport;

(5) the need for and cost of repairs or other improvements at the airport;

(6) any applicable Airport Sponsor Assurances, as identified in 17 AAC 45.010(e); and

(7) any other factor that the commissioner determines may be relevant under the circumstances.

(b) The department will order the temporary closure of all or a portion of an airport to some or all aircraft operations

(1) for an undetermined period if the department finds that an emergency situation warrants closure of the airport; and

(2) for a period stated in the closure order if the department finds under (a) of this section that circumstances warrant the temporary closure of the airport.

(c) If the department finds that temporary closure of an airport under (b) of this section is necessary, the department will give notice of the closure by issuing a Notice to Airmen under FAA Order 7930.2K as described in FAA Advisory Circular No. 150/5200-28B or by other means of notice required by the FAA.

(d) If the department orders the closure of all or a portion of an airport to some or all aircraft operations

(1) for 60 days or less, a lease, permit, or concession in effect on the airport will continue in effect until the end of the lease, permit, or concession term without adjustment, except as otherwise stated in the lease, permit, or concession;

(2) for more than 60 days, but not permanently, the lessee or land-use permittee whose authorized use of an airport is materially impaired by the closure may, in writing mailed or delivered to the notice address stated for the lessor in the lease or permit, elect either to terminate the lease or permit or to retain the lease or permit and receive a 50 percent rent reduction or credit for that portion of the closure that exceeds 60 days; or

(3) permanently, the lessee or land-use permittee on a lease or permit on the airport may, by written notice mailed or delivered to the department at the address stated in the lease or permit, elect either to terminate the lease or permit or to retain the lease or permit; however any election by a lessee or permittee to retain a lease or land-use permit under this paragraph is subject to

(A) any obligation of the department to return management of the affected land to the division of lands under AS 38.05.025;

(B) any obligation of the state to return the affected land to the federal government under a deed restriction, federal grant assurance, or other binding requirement; or

(e) Nothing in this section entitles a lessee, permittee, or concessionaire on an airport to relocation benefits or compensation from the department in the event of abandonment or temporary or permanent closure of an airport to aircraft operations, except as otherwise may be provided in the lease, permit, or concession or as otherwise required by law in the event the department terminates the lease, permit, or concession. However, when the department abandons or permanently closes an airport to aircraft operations in connection with the opening or improvement of a replacement airport that has comparable lease, permit, or concession space available, the department will, unless the department finds that it would be contrary to the best interest of the state to do so, make the comparable space at the replacement airport available for exchange as a substitute for a lease, permit, or concession, as applicable, at the closed airport before accepting applications from others for lease, permit, or concession space, as applicable, at the replacement airport.

(f) Except as provided in (h) of this section, if the department intends to declare an airport temporarily closed to aircraft operations for more than 60 days, permanently closed to aircraft operations, or abandoned, the department will first hold a public hearing on the proposed action after giving notice of the hearing and proposed action in accordance with 17 AAC 45.400. The department will hold the hearing either at a location convenient to the residents of the area served by the airport or by teleconference through a communication system conveniently accessible to those residents. The first notice will be published or posted at least 30 days before the hearing date. Unless a later date is specified in the public notice, public comment on the proposed action must be submitted to the department by no later than the date set for the public hearing. To assure of an opportunity to present oral testimony at the public hearing, a person must notify the department by a written request received by the department as provided in the notice at least five days before the date set for the hearing. If the department has received no timely notice of a person's intent to present oral testimony at the hearing, the department may cancel the hearing.

(g) The department will consider any public hearing testimony and timely written comments the department receives under (f) of this section before deciding under (a) of this section to abandon an airport or to close an airport for longer than 60 days. The department will give notice to the public in accordance with 17 AAC 45.400 of any decision to abandon an airport or to close an airport for longer than 60 days.

(h) The department may order an airport abandoned or permanently closed without following the procedures set out in (f) and (g) of this section if the airport to be abandoned or closed is replaced by another airport serving the same area. In that case, the department will give notice to the public in accordance with 17 AAC 45.400 regarding the abandonment or permanent closure of the airport.

History

Authority: AS 02.15.020; AS 02.15.220 AS 02.15.060; AS 02.15.230
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.710 Disposal of state-owned buildings or abandoned personal property on an airport

(a) The department will dispose of a state-owned building on an airport or an item of personal property abandoned under 17 AAC 45.115 or abandoned on a premises on an airport after the lease, permit, or concession expires or terminates if the commissioner determines in writing that

(1) the department does not need the building or personal property for any airport-related purpose;

(2) the department is legally entitled to dispose of the building or personal property; and

(3) disposal of the building or personal property is in the best interest of the state.

(b) The department may dispose of a state-owned building on an airport or item of personal property subject to 17 AAC 45.115(e) by any of the following methods that the department determines to be in the best interest of the state

(1) publicly advertised sales contract under (e) of this section;

(2) sale or other disposal by competitive award under (g) of this section;

(3) sale or other disposal by other lawful means approved by the Department of Law if the department estimates the value of the property as less than $5,000;

(4) demolition or removal by the department or a contractor.

(c) Before disposing of a building or item of personal property under this section, the department will estimate the market value of the building or item of personal property to be disposed of by

(1) conducting a market survey in which the department

(A) interviews at least three purchasers or sellers of property similar to the property to be disposed of and obtains information about the sale price and comparability of the property purchased or sold; or

(B) researches published real estate or personal property value data relevant to the property to be disposed of; or

(2) performing or obtaining an appraisal of the property to be disposed of if a market survey under this section indicates the value of the property to be disposed of exceeds $50,000 or if the department determines that performing or obtaining an appraisal is in the best interest of the state.

(d) Before proceeding with disposal under this section, the department will estimate the salvage value or demolition cost of the building or item of personal property to be disposed of if the department determines

(1) that it is in the best interest of the state that the building or item of personal property be removed from the airport or relocated to another location on the airport; or

(2) by market survey under (c)(1) of this section or by other reasonable method that the building or item of personal property is worth not more than $250.

(e) If the department makes a preliminary determination that it is in the best interest of the state to sell a building or item of personal property under this section by publicly advertised contract, the department will, after considering the value or salvage value of the building or personal property as determined under (c) or (d) of this section, give notice of the proposed sale or salvage contract under 17 AAC 45.400(a) and (c), and will include in the notice

(1) a description of the building or personal property being offered for sale or salvage;

(2) the name of the proposed buyer;

(3) the general terms of the disposal contract, including the price to be paid by the buyer;

(4) a request for any party interested in competing to buy the building or personal property to submit a written statement of that interest to the department;

(5) the department's address for receiving any written comment, objection, or statement of interest; and

(6) the date by which any written comment, objection, or statement of interest must be received by the department.

(f) After close of the period for submission of written comment, objection, or statement of interest under a notice of a proposed sale or salvage contract under this section, the department will review any written comment, objection, or statement of interest, received by the department within the period. If the department

(1) did not receive any written comment, objection, or statement of interest before the comment period closed, the department will enter into the contract with the proposed buyer;

(2) did receive timely written comment, objection, or statement of interest, but confirms the department's preliminary determination that the contract as proposed or as modified is in the best interest of the state, the department will send notice of the department's intent to execute the proposed or modified contract to the applicant and to each person that submitted written comment, objection, or statement of interest during the comment period and provided a return address; or

(3) concludes that the proposed contract is not in the best interest of the state, the department will

(A) send notice of the department's intent to reject all applications to the proposed buyer named in the public notice and to each person who submitted written comment, objection, or statement of interest during the comment period and provided a return address; and

(B) retain ownership of the building or other real property, award the sale or salvage contract by competitive award under (g) of this section, or take other action the department determines in writing is in the best interest of the state.

(g) If the department determines it is in the best interest of the state to use competitive award as the method for awarding a contract for the sale or other disposal of a building or personal property under this section, the department will follow the procedures applicable to competitive award of a lease, permit or concession under 17 AAC 45.300 - 17 AAC 45.399.

(h) The department may include in a contract for the sale or other disposal of a building or personal property under this section

(1) a right and obligation to enter into a lease, permit, or concession

(A) for occupancy of the premises on the airport on which the building or personal property exists and is allowed to remain; or

(B) for other premises on the airport to which the building or personal property is required to be relocated, subject to receipt of an airport building permit under any applicable provisions of 17 AAC 45.280;

(2) permission to relocate the building or personal property to another airport premises under an existing lease, permit, or concession, subject to receipt of an airport building permit under any applicable provisions of 17 AAC 45.280; or

(3) a requirement that the building or personal property be removed from the airport.

(i) An employee, contractor, or grantee of the department may not directly or indirectly purchase or agree with another person to purchase a building or personal property disposed of under this section if the employee, contractor, or grantee is, or has been, directly or indirectly involved in the disposal, maintenance, or preparation for sale of the building or personal property. After review of the facts relating to disposal of a particular building or personal property, the commissioner may waive this subsection for a specific sale, if the commissioner finds the waiver is in the best interest of the state.

(j) A lease or permit that the department issues as part of the disposal of a building or other structure on an airport is subject to the procedures of this section and the standards of 17 AAC 45.200 - 17 AAC 45.299.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.210
Eff. 3/22/2008, Register 185; am 3/20/2016, Register 217

Article 8 First Amendment Activity at Rural Airports

17 AAC 45.800 Purpose

(a) The purpose of 17 AAC 45.800 - 17 AAC 45.810 is to regulate the conduct of first amendment activity at an airport, but to avoid any inference of intended or inadvertent designation of any part of an airport as a public forum.

(b) A first amendment activity on an airport must not interfere with the primary transportation function of an airport facility or with the ability of the department to carry out the following objectives:

(1) ensure that passengers, airport employees, lessees, permittees, concessionaires, and the public can use an airport facility safely, conveniently, and efficiently;

(2) prevent interference with the rights of passengers to have unobstructed access to public areas of an airport facility and to avoid undue delay in passage within and between facilities;

(4) prevent interference with emergency, anti-hijack, and other security procedures at an airport;

(5) avoid impairment of the financial self-sustainability of the airport.

(c) The provisions of 17 AAC 45.800 - 17 AAC 45.810 apply to a first amendment activity conducted anywhere on an airport except in an area that is restricted or otherwise closed to the public.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161

17 AAC 45.810 Conduct of first amendment activity on an airport

(a) A person who conducts a first amendment activity on an airport must abide by the provisions of this section.

(b) To ensure that a first amendment activity on an airport is conducted in a manner consistent with the considerations set out at 17 AAC 45.800(b), the department may

(1) place reasonable restrictions on time, place, number of participants, and manner of exercise of a first amendment activity; and

(2) as is necessary for the proper functioning of the airport, require a person conducting a first amendment activity to relocate the activity from one area on the airport to another upon reasonable notice to the person.

(c) The department may direct a person to cease or to modify the conduct of a first amendment activity to resolve any extent to which

(1) the activity is subject to the provisions of 17 AAC 45.095, 17 AAC 45.105, or 17 AAC 45.200 - 17 AAC 45.299;

(2) the activity is prohibited or otherwise precluded under applicable law;

(3) conduct of the activity is inconsistent with the provisions of 17 AAC 45.800(b); or

(4) the activity is conducted in violation of one or more of the requirements of this section.

(d) A person participating in a first amendment activity on an airport shall not interfere with the freedom of movement of a person, vehicle, or aircraft at an airport or otherwise interfere with the peaceful, orderly, safe, effective, and efficient use of airport property for airport purposes.

(e) A first amendment activity may not be conducted on an airport

(1) in an area that is restricted or otherwise closed to the general public;

(2) in or within 10 feet of any of the following:

(A) in a department-operated terminal building,

(i) a ticket counter;

(ii) a baggage claim area;

(iii) a departure gate check-in counter;

(iv) a departure gate waiting room or area;

(v) a federally regulated security screening point;

(vi) a premises;

(vii) a public, courtesy, or emergency telephone;

(viii) a rest room;

(ix) a stair, escalator, or elevator;

(x) a doorway, entry way, or open front of a store or food service area;

(xi) a public service information counter; or

(xii) an individual waiting in line for access to or service at any of the areas listed at (i) through (xi) of this subparagraph;

(B) a roadway for embarking or disembarking passengers;

(D) a restricted area;

(E) a driveway providing access to a premises.

(f) A person conducting a first amendment activity may not

(1) sell any merchandise or solicit or receive money, except that a not-for-profit organization may, in the physical presence of a representative, place one stationary receptacle of a style and at a location approved by the department for passive receipt of donations;

(2) use sound or voice amplifying equipment;

(3) place anything on an airport without permission of the department;

(4) store placards, boxes, or supplies on an airport unless in an area authorized by the department;

(5) leave personal property unattended in any area on an airport;

(6) touch another person or an article in that person's possession without the express permission of the other person; or

(7) mislead the public by misrepresenting the affiliation or purposes of the first amendment activity or organization.

(g) A person who conducts a first amendment activity on an airport must recover and properly dispose or otherwise take care of any items that the person has distributed and the general public has discarded improperly in public portions of a department-operated terminal and adjacent roadways and parking facilities or otherwise at the location on the airport where the activity is being conducted. Unless the department agrees to less frequent cleanup, a person distributing any item in connection with a first amendment activity shall clean up any improperly discarded items that the person distributed at least once each hour after distribution. If that person fails to recover and properly take care of distributed items, the department will perform the cleanup and may seek reimbursement of all costs from the person.

(h) If the department determines that a person's first amendment activities on an airport are likely to generate or are generating litter on the airport, the department may require the person to submit a clean-up deposit of not more than $100 for each day of activity. The department will refund the deposit if the person performs the cleanup required under (g) of this section. If the person fails to perform the cleanup required under (g) of this section, the person shall forfeit the deposit to the department to cover the department's costs of performing the cleanup for the person. The person shall also pay to the department the costs of cleanup not covered by any forfeited deposit. Failure of the person more than once to clean up improperly discarded items is grounds for denial of access to an airport for the conduct of a first amendment activity.

(i) If the department determines that an emergency situation exists that affects or may affect public health, safety, or security or that unusually congested conditions exist because of weather, air carrier schedule interruptions, heavy traffic movements, or other causes, the department may order the cessation of any first amendment activity that affects or may be affected by the emergency situation or congested conditions until the emergency situation or congested conditions no longer exist.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.230 AS 02.15.060; AS 02.15.220
Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168

Article 9 Miscellaneous Provisions

17 AAC 45.900 Evaluation of best interest of the state

(a) This section provides guidance to the airport manager and other decision makers acting for the department when a provision of this chapter calls for consideration of the best interest of the state.

(1) the safe, effective, and efficient operation of each affected airport;

(2) the safety of

(A) the traveling public and other persons;

(B) each affected airport; and

(3) the encouragement of economic development both statewide and in the community in which an affected airport is located, including the growth of

(A) a strong aviation industry;

(B) air passenger and air cargo services; and

(4) the continued development of

(A) the international and rural airports systems;

(B) aviation services that are open to all users; and

(5) the protection of

(A) state resources;

(B) public health and the environment; and

(6) compliance with

(A) applicable provisions of this chapter and of any other statutes or regulations, including any relating to noise or airport land use;

(B) applicable airport bond covenants, including the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550;

(D) provisions of any other program or plan required for compliance with applicable federal or state law; and

(E) the state's obligations under leases and other contracts and agreements to which the state is a party, including applicable FAA grant assurances adopted by reference under 17 AAC 45.010(e);

(7) minimizing

(A) the impact of the airport on surrounding communities, including noise; and

(B) interference with aviation activities at the airport;

(8) sound airport planning and considerations of security, maintenance, and operation of each affected airport; and

(A) exceed the applicant's needs, including reasonable future expansion, and limit the availability of land or building space for uses of equal or higher priority established in 17 AAC 45.210(e); or

(B) result in the monopolization of an aeronautical use on the airport.

History

Authority: AS 02.15.020; AS 02.15.200; AS 37.15.470 AS 02.15.060; AS 02.15.220; AS 37.15.540 AS 02.15.090; AS 02.15.230
Eff. 3/28/2002, Register 161; am 3/20/2016, Register 217

17 AAC 45.910 Protest

(a) Except as expressly excluded in this subsection, a person with a legally recognized right or interest that is adversely affected by a decision of an airport manager or the department under this chapter may seek review of that decision only by filing a protest with the department under this section. This section does not apply to a rent adjustment under 17 AAC 45.295 or to a decision to reject a rent adjustment protest under 17 AAC 45.297. With respect to a notice of an intent to award under 17 AAC 45.300 - 17 AAC 45.399, a person who has not submitted a timely bid, proposal, or competing application relating to the subject of the notice does not have a legally recognized right or interest for purposes of this section. With respect to any other decision on an action proposed in a public notice under 17 AAC 45.400, a person who has not submitted timely written comment, objection, or application relating to the action proposed in the notice does not have a legally recognized right or interest for purposes of this section.

(b) Except as provided under (c) of this section, a person protesting a decision of the department must deliver a protest in compliance with (d) of this section so the department receives it within 30 calendar days after

(1) the earliest date that the airport manager or the department mailed or delivered the decision being protested to the protester; or

(2) if the decision is not in writing, the earliest date that the airport manager or the department orally communicated the decision to the protester or announced the decision publicly under 17 AAC 45.342(a).

(c) A person protesting a notice of intent to execute under 17 AAC 45.210 or 17 AAC 45.285, a decision under 17 AAC 45.300 - 17 AAC 45.399, or a decision under 17 AAC 45.710 must deliver a protest in compliance with (d) of this section so the department receives it within seven calendar days after the date described in (b)(1) of this section if the decision is in writing, or (b)(2) of this section if the decision is not in writing. The department will reject a protest if the department determines in writing that

(1) the protest was not timely submitted under (b) or (c) of this section;

(2) the department did not cause the delay; and

(3) there is no other equitable reason to extend the time to protest.

(d) A protest is not effective unless it is submitted in writing, is signed by the protester or the protester's representative, and includes

(1) a reference to any case, agreement, or application number under which the decision was made;

(2) a copy of the decision being protested, if written, or, if either the decision was not written or a copy of the decision is not available to the protester, a summary description of the decision;

(3) a detailed statement of the factual and legal basis of the protest, including a statement of the adverse effect on a legally recognized right or interest of the protester, the facts alleged to be in dispute and a copy of any relevant documents, and a statement of the remedy requested;

(4) the address of the protester or the protester's representative to whom any notice or decision concerning the protest is to be mailed or delivered; and

(5) a reference, by case, agreement, or application number, if applicable, to any other affected agreement, contract, lease, permit, concession, or application.

(e) A protester protesting a decision under 17 AAC 45.300 - 17 AAC 45.399 must mail or deliver a copy of the protest documents filed with the department to any other bidder or proposer, as applicable, at the same time the protester mails or delivers the protest to the department.

(f) The complete and timely filing of a protest in compliance with this section stays the decision being protested until the department decides the protest, or until the department determines in writing that it is contrary to the best interest of the state to stay the decision beyond the date of that determination or another stated date.

(g) The department will mail or deliver a written decision on the protest to the protester or the protester's representative and any other bidder or proposer or their representatives within 15 days after the protest is filed unless the protester agrees, in writing, to a longer period. If the department does not mail or deliver a decision to the protester or the protester's representative by the date it is due, the protester may proceed as if the department had issued a decision adverse to the protester.

(h) The protester may appeal an adverse decision on the protest in accordance with 17 AAC 45.920.

(i) A decision subject to this section but not timely protested in accordance with this section is not subject to appeal under 17 AAC 45.920.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

17 AAC 45.920 Appeal

(a) This section applies to an appeal of a decision made by the department on a protest under 17 AAC 45.297 or 17 AAC 45.910. A decision subject to appeal under this section is subject to review only as provided under this section.

(b) Except as provided under (c) of this section, the commissioner must receive an appeal within 30 calendar days after

(1) the earliest date that the department mailed or delivered the decision being appealed to the appellant or the appellant's representative;

(2) the date that the department orally conveyed the decision to the appellant or the appellant's representative, if the department did not put the decision in writing; or

(3) the date the department's decision on the protest was due, if the department has not mailed, delivered, or orally conveyed a decision on the protest to the appellant or the appellant's representative by that date.

(c) The commissioner must receive an appeal of a decision on a protest of a matter under 17 AAC 45.210, 17 AAC 45.285, 17 AAC 45.300 - 17 AAC 45.399, or 17 AAC 45.710 within seven calendar days after the date described in (b) of this section, as applicable. The commissioner will dismiss an appeal if the commissioner determines in writing that

(1) the appeal was not timely submitted under (b) of this section;

(2) the department did not cause the delay; and

(3) there is no other equitable reason to extend the time to appeal.

(d) An appeal must be in writing, must be signed by the appellant or the appellant's representative, and must include

(1) a reference to any case, agreement, or application number under which the decision was made;

(2) a copy of the decision being appealed, if written, or a summary description of the decision, if

(A) a copy of the decision is not available to the appellant;

(B) the decision was not written; or

(C) the department did not mail or deliver a decision to the appellant and the appellant is proceeding on the assumption of an adverse decision under 17 AAC 45.910(g);

(4) the address of the appellant or the appellant's representative to whom any notice or decision concerning the appeal is to be mailed or delivered;

(5) a reference, by case, agreement, or application number, if applicable, to any other affected agreement, contract, lease, permit, concession, or application; and

(6) if a material fact is disputed and a hearing is desired, a request for a hearing.

(e) An appellant appealing a decision on a protest of a matter under 17 AAC 45.300 - 17 AAC 45.399 must mail or deliver a copy of the appeal documents filed with the commissioner to any other bidder or proposer, as applicable, at the same time the appellant mails or delivers the appeal to the commissioner.

(i) In a hearing under this section, the review officer shall, at least 21 calendar days before the hearing or such lesser time as agreed to by the review officer and all known parties, provide to the appellant and other interested parties written notice of the time and place for the hearing, and shall conduct the hearing according to the procedures established in AS 36.30.670(b).

(j) The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the remedy requested.

(k) The review officer shall provide a written recommendation to the commissioner. The commissioner shall

(1) accept the review officer's recommendation;

(2) reject the review officer's recommendation and remand the recommendation back to the review officer with instructions; or

(3) issue a written decision based on the appeal record.

(l) The commissioner will mail or deliver to the appellant or the appellant's representative and to any other bidder or proposer or their representatives a copy of any decision or order the commissioner issues on the appeal.

(m) The commissioner's decision on the appeal is a final administrative decision of the department that may be appealed to the superior court under the Alaska Rules of Appellate Procedure.

History

Authority: AS 02.15.020; AS 02.15.090; AS 02.15.220 AS 02.15.060; AS 02.15.200
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190

17 AAC 45.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "aeronautical use"

(A) means any airport land use activity that involves or is directly related to the operation of aircraft;

(B) includes

(i) any activity that makes the operation of aircraft possible and safe;

(ii) any service that is located on the airport and that is directly and substantially related to the movement of passengers, baggage, mail, and cargo by aircraft on the airport;

(2) "air carrier" means a person engaged in the transportation of passengers or cargo in air commerce for compensation;

(3) "air freight forwarding" means

(A) accepting or consolidating goods or property for delivery to an air carrier for transport as cargo; and

(B) receiving cargo from an air carrier for surface delivery to or pick-up by the cargo consignee;

(4) "aircraft" has the meaning given in AS 02.15.260;

(5) "aircraft maintenance and repair" means those activities described under 14 C.F.R. Part 43, as amended as of January 1, 2007;

(6) "aircraft operation"

(A) means the fuel powered or electrically powered rotation of an aircraft engine installed in or on an aircraft, as well as the movement of an aircraft under its own power;

(B) includes testing, run-up, taxiing, take-off, landing, and all other activity of an aircraft from the start of the first propeller, rotor, turbine, or engine until all propeller, rotor, turbine, or engine rotation ceases;

(7) "airport"

(A) has the meaning given in AS 02.15.260, but excludes airports that are not owned, operated, or otherwise controlled by the department;

(B) does not include the Ted Stevens Anchorage International Airport and the Fairbanks International Airport;

(8) "airport form" means a written form that the department has prepared for use under this chapter;

(9) "airport manager" means

(A) for a specific airport, a person designated under 17 AAC 45.010(a) to carry out functions and responsibilities under this chapter relating to maintenance and operation of the airport and that person's substitute or designated representative;

(B) the department, if no person is designated to supervise maintenance and operation at the airport;

(10) "airport parking service"

(A) means the activity of providing vehicle parking for airport users or visitors;

(B) does not include the incidental provision of vehicle parking by a business or activity for users of or visitors to that business or activity only;

(11) "airworthy" means the condition of an aircraft that is legally authorized and mechanically capable of flight through the air;

(12) "appraisal" means an unbiased estimate, prepared using methods generally accepted in the professional appraisal industry, of, the nature, quality, dollar value, or utility of an interest in, or aspect of, identified real estate and related personal property, or of a legal right or privilege;

(13) "apron" means that portion of an airport designed, constructed, or designated by the department for the parking, loading, and unloading of aircraft;

(14) "assigned space"

(A) means a specific location at an airport that the department designates for use by a person who applies for, pays the applicable fee for, and receives a department-issued permit under 17 AAC 45.500 - 17 AAC 45.590 for the parking of that person's aircraft;

(B) does not include an aircraft parking space on a premises or at a department-owned or operated seaplane float facility, in a transient aircraft fee parking area, or in an open parking area;

(15) "assigned-space aircraft parking" means either

(A) a program under which aircraft that are based at an airport but not parked on a premises are allowed to be parked on the airport only on an aircraft parking space the department has expressly assigned for that aircraft under 17 AAC 45.500 - 17 AAC 45.590; or

(B) the parking of an aircraft in an assigned space;

(16) "assignee" means a person who receives an interest under an assignment of a lease or concession;

(17) "assignment"

(A) means the transfer to another person of all or part of the interest of a lessee or concessionaire in a lease or concession;

(B) includes a transfer of a controlling interest in a lessee or concessionaire, including transfer of controlling interest through a merger, consolidation, or increase of any ownership interest to a majority interest;

(18) "assignment for security purposes" means an assignment that grants an interest in a lease or concession, including improvements, as collateral to a creditor to ensure payment or performance of a debt, loan, or other obligation of the lessee or concessionaire;

(19) "assignor" means a lessee or concessionaire that is the grantor in an assignment;

(20) "auction documents" means the instructions to bidders, bidder qualifications, auction procedures, and other documents issued to interested parties under 17 AAC 45.333, including any addenda or other amendments issued after earlier auction documents are made available;

(21) "aviation fuel" means any petroleum distillate or other product manufactured, distributed, or sold for use as a propellant for aircraft engines, including aviation gasoline, turbine fuel, and automotive gasoline when used in an aircraft;

(22) "base of operations" means each of the following:

(A) the location

(i) at which an aircraft spends the greatest time not in flight on an annual basis; and

(ii) for a float-equipped aircraft, at which the aircraft spends the greatest time not in flight either on an annual basis or during the period the airport float facility is unfrozen and open for use;

(B) each airport that is the primary location at which a commercial aviation business does one or more of the following:

(i) maintains and repairs aircraft during its aircraft operation season;

(ii) maintains and repairs aircraft on an annual basis;

(iii) conducts its greatest number of operations;

(iv) conducts its greatest dollar volume of transactions with customers of the business;

(23) "bid documents" means the invitation to bid, instructions to bidders, bid forms, and other documents issued to interested parties under 17 AAC 45.303, including any addenda or other amendments issued after earlier bid documents are made available;

(24) "bonus bid" means an offer of a one-time payment, in addition to rent or other fees, offered by a bidder or proposer in response to a competitive solicitation under this chapter;

(25) "building lease"

(A) means a lease of all or a portion of a structure owned by the state, including space in a department-operated terminal building;

(B) includes a lease that grants a right to use or occupy land along with all or part of a structure;

(26) "calendar year" means the period from January 1 through December 31 of each year;

(27) "certified activity report" means a report of gross sales, fuel deliveries, passenger and cargo volumes, number of landings, CMGTW, or other information that a lessee, permittee, concessionaire, aircraft operator, or other airport user must submit to the department and certify as true and correct;

(28) "CMGTW" means the certificated maximum gross takeoff weight of an aircraft as established by the FAA;

(29) "commercial aviation business"

(A) means a person or enterprise that holds itself out to carry passengers or cargo by aircraft, to perform other aerial services, or to provide aircraft for hire, rent, or lease, either for compensation or in connection with other compensated services;

(B) includes

(i) a scheduled passenger or cargo air carrier;

(ii) an air taxi or other contract or charter air transportation provider, including a service that operates an aircraft in flight-seeing or photographic tours, fishing or hunting guiding, fish spotting or counting, or aerial photography or mapping service;

(iii) an operator of aircraft to provide transportation to or from a hotel, motel, lodge, commercial or work camp, work site, or other place of employment or public accommodation under an arrangement or understanding with the operator of that facility or activity;

(iv) an aircraft leasing and rental business;

(30) "commercial fueling service"

(A) means the selling or offering for sale of fuel, fuel storage services, fuel delivery services, or fuel dispensing services;

(B) does not include self-fueling;

(31) "commercial passenger vehicle"

(A) means a taxicab, limousine, van, bus, motor coach, shuttle, or other motor vehicle used to transport passengers for compensation;

(B) includes a vehicle used

(i) to transport passengers as part of a pre-ticketed tour or excursion; or

(i) a commercial air carrier only to transport the air carrier's employees;

(ii) a vehicle rental business;

(iii) a valet parking service or airport parking service;

(32) "commissioner" means the commissioner of the Department of Transportation and Public Facilities or the commissioner's designated representative for a specified function;

(33) "competitive solicitation" means the process of making a lease, permit, concession, parcel of real property, fixture, or item of personal property available by issuing bid documents, auction documents, or proposal documents;

(34) "concession" means a written agreement with the department, whether in the form of a permit, land lease, building lease, or other agreement, that authorizes the holder of the agreement to operate a non-aeronautical use business on an airport or to derive business from the airport and that requires the holder to pay the department on a basis other than land or building rent only;

(35) "concessionaire" means the operator of a concession and the operator of a subconcession;

(36) "contamination" means the unpermitted presence of any released hazardous substance;

(37) "control device" means a sign, signal, marking, barrier, or other device designed to regulate conduct or activity on an airport and erected or placed by authority of the department;

(38) "courtesy car" has the meaning given in AS 02.15.095;

(39) "deliver" or "delivered" means to provide to or provided to, by hand-delivery, by electronic mail, or by facsimile transmission;

(40) "department" means the Department of Transportation and Public Facilities; unless the context requires otherwise, where an action is to be taken by or an authorization is to be requested from the department; "department"

(A) means any person, whether an employee of the Department of Transportation and Public Facilities or other person, who is designated under 17 AAC 45.010(a) to carry out functions and responsibilities under this chapter relating to leasing and property management or any other applicable function or responsibility relating to an airport; and

(B) may include an airport manager when a person described in (A) of this paragraph delegates one or more of that person's functions or responsibilities to the airport manager;

(41) "engine run-up" means operation of an aircraft engine, except in direct connection with a flight arrival or departure, for the purposes of maintenance, repair, and testing;

(42) "environmental assessment" means an assessment of property, prepared in a manner consistent with generally accepted professional practices, that is supported by reports and tests that determine the environmental condition of property and the presence, type, concentration, and extent of any hazardous substance in, on, or under the surface of the property;

(43) "environmental law"

(A) means any federal, state, or local statute, regulation, ordinance, code, permit, order, decision, or judgment from a governmental entity relating to environmental matters, including littering and dumping;

(B) includes 42 U.S.C. 7401-7671q (Clean Air Act); 33 U.S.C. 1251-1387 (Federal Water Pollution Control Act); 42 U.S.C. 6901-6992k (Resource Conservation and Recovery Act); 42 U.S.C. 9601-9657 (Comprehensive Environmental Response, Compensation, and Liability Act); 49 U.S.C. 5101-5127 (Hazardous Materials Transportation Act); 15 U.S.C. 2601-2692 (Toxic Substances Control Act); AS 46 (Alaska Water, Air, Energy, and Environmental Conservation Acts); and the provisions of 18 AAC (Environmental Conservation), implementing AS 46;

(44) "exclusive right" means the department's grant of a lease, permit, or concession that authorizes a person to exercise a specific right, use, or privilege on an airport to the exclusion of all other persons;

(45) "FAA" means the Federal Aviation Administration;

(46) "fair market rent" means the periodic rental payment, in dollars, that a property, right, or privilege would most probably bring in a competitive and open market under all conditions necessary for an equitable rental transaction, the property owner and tenant each acting willingly, prudently, knowledgeably, and at arm's length;

(47) "first amendment activity" means

(A) the dissemination of information and the expression of ideas to the general public by speech, written materials, photographs, demonstrations, or other means; and

(B) the collection of information or donations from the general public;

(48) "fuel" means any motor fuel or liquid heating fuel including gasoline, aviation gasoline, jet fuel, diesel fuel, kerosene, propane, and liquid natural gas;

(49) "fueling" means delivering or dispensing fuel, de-fueling, and refueling or any other transfer of fuel on airport property;

(50) "government agency" includes the United States, the state, and political subdivisions of the state;

(51) "ground handling" means services, other than aircraft mechanic services, provided to an aircraft operator at an airport, including such services as aircraft servicing to return the aircraft to flight, loading and unloading of passengers, mail, or freight and other ramp services;

(52) "ground handling agreement" means an agreement between a leaseholder or permittee and an aircraft operator for the leaseholder or permittee to provide ground handling services to an aircraft operator;

(53) "hazardous substance" means a substance that is defined under an environmental law as hazardous waste, hazardous substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil;

(54) "heavy aircraft" means an aircraft that has a CMGTW of 6,000 pounds or more;

(55) "holdover" means the state or action of continued occupancy of a premises by the lessee, permittee, or concessionaire after the date of expiration of the lease, permit, or concession when the department has not directed the lessee, permittee, or concessionaire to vacate the premises upon expiration of the lease, permit, or concession, and continued occupancy is in accordance with the terms of the lease, permit, or concession;

(56) "investment"

(A) means an expenditure of funds to improve or remediate a premises;

(B) does not include funds provided or reimbursed by an independent third-party that the lessee, permittee, or concessionaire is not obligated to repay;

(57) "land lease"

(A) means a lease of state land managed as part of an airport and under which the lessee owns and retains, or covenants to construct certain privately-owned permanent improvements on the land according to specification and to maintain the improvements during the term of the lease;

(B) does not include a grant of a right to use or occupy a state-owned building;

(58) "lease" means a written agreement that creates a relationship between the department, as landlord, and a person, as tenant, and that grants to the tenant the possession of airport land or building space for a determined period of time;

(59) "lessee"

(A) means a person legally competent to enter into contracts and who enters into a lease with the department; in regard to regulation of conduct and compliance with this chapter;

(B) includes each sublessee;

(60) "lessor" means the department acting in the department's capacity as grantor of a lease on airport property;

(61) "light aircraft" means an aircraft that has a CMGTW of less than 6,000 pounds;

(62) "local government" means a municipality in this state and an entity recognized by the United States Bureau of Indian Affairs as a tribal government located in this state;

(63) "mail" means to send by first class or higher priority service using the United States Postal Service, or a comparable level of delivery service using a nationally recognized private carrier of correspondence and other communications;

(64) "mailing" means when the post office or private carrier takes possession of the item mailed;

(65) "manager" means airport manager;

(66) "material amendment"

(A) means a written change to a lease, easement, right-of-way, concession, or permit that alters its terms to an important extent, as determined by the department in light of the circumstances, including an increase in the size of or a reconfiguration of the premises, an extension of the term, or a change in the authorized use of the premises;

(B) does not include an adjustment to rental or fee rates or charges under 17 AAC 45.295 or 45.297 or a change in the configuration or size of a premises that results from a minor boundary survey adjustment;

(67) "materially contribute to" means to play a substantial role in causing or increasing the release or migration of a hazardous substance in a reportable quantity as defined under an applicable environmental law;

(68) "minor informalities" means matters of form rather than substance, errors when the intended meaning is evident from the bid or proposal document, or insignificant matters that have a negligible effect on price, quantity, quality, delivery, or contractual conditions and that can be waived or corrected without unfair prejudice to other bidders or proposers;

(69) "mobile fuel tank" means a truck or trailer with a mounted container designed or used for holding, transporting, or dispensing fuel;

(70) "non-aeronautical use" means any airport land use, business, service, or function that is not an aeronautical use;

(71) "nonresponsive" means a bid or proposal that does not conform in all material respects to the requirements of the bid documents, auction documents, or proposal documents;

(72) "open parking"

(A) means the parking of aircraft in an area on an airport that the department has designated for aircraft parking and that the department has not designated for assigned-space aircraft parking under 17 AAC 45.500 - 17 AAC 45.590 or for transient aircraft fee parking under 17 AAC 45.600;

(B) does not include aircraft parking on a premises;

(73) "operator," with respect to an aircraft,

(A) means any person or enterprise for which the aircraft is operated, as well as any person in actual control of the aircraft during aircraft operation;

(B) does not include a person or enterprise who only receives charter or common carrier services of an aircraft;

(74) "permanent fuel storage tank" means a container designed and constructed for storing fuel and either installed underground or installed above ground and fixed to a concrete or piling foundation anchored in the ground;

(75) "permanent improvement"

(A) means a fixed addition or change to land that is not temporary or portable;

(B) includes a building, building addition, a well associated with a building, and a fuel tank of not less than 1,000 gallons capacity and affixed to a permanent foundation;

(i) site development work;

(ii) site development materials; and

(iii) items of ordinary maintenance, such as glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor covering replacement, or pavement patching;

(76) "permit" means a written, revocable authorization or license that the department issues to allow a person to perform an act or conduct an activity on an airport;

(77) "permit cycle" means the period during which an assigned-space permit issued under 17 AAC 45.500 - 17 AAC 45.590 is effective;

(78) "permittee" means a person who enters into a permit agreement with the department;

(79) "person" has the meaning given in AS 01.10.060;

(80) "premises" means land area, space in a state-owned building, and other state-owned or managed space, facilities, and improvements that are the subject of a lease, permit, or concession;

(81) "proposal documents" means the request for proposals, instructions to proposers, proposal forms, and other documents issued to interested parties under 17 AAC 45.354, including any addenda or other amendments issued after earlier proposal documents are made available;

(82) ""regional director" means the chief department officer for each administrative region of the department or a department employee to whom the chief officer for the region has delegated applicable authority;

(83) "release" has the meaning given in AS 46.03.826;

(84) "remaining useful life" means the period during which an existing building or structure, considering its age and condition, with normal wear and tear and prudent, cost effective maintenance and without major repairs or replacements can reasonably be expected to continue to perform fully the function for which it was designed or intended;

(85) "responsible," when used in regard to contamination, means having materially contributed to the contamination, having assumed liability under an assignment, or being otherwise liable for the contamination by law or contract;

(86) "responsive bidder" or "responsive proposer" mean a bidder or proposer who has submitted a bid or proposal that conforms in all material respects to the requirements of the bid documents, auction documents, or proposal documents;

(87) "restricted area" means those areas of an airport, building, or facility to which access is limited or controlled access under 17 AAC 45.060;

(88) "runway" means that portion of an airport constructed or designated for the take-off and landing of aircraft;

(89) "rural airport" means an airport owned or operated by the department other than the Ted Stevens Anchorage International Airport and the Fairbanks International Airport;

(90) "Security Identification Display Area (SIDA)" means a portion of a restricted area on an airport within which the airport manager designates under 17 AAC 45.060(a) that the provisions of 17 AAC 45.060(d) apply;

(91) "self-fueling" means the dispensing of fuel to an aircraft or vehicle for use by the aircraft or vehicle using fueling apparatus owned or leased by the owner or operator of the aircraft or vehicle;

(92) "site development" and "site development work"

(A) mean activities to prepare land for construction of a building or other structure or to provide a firm surface on which to operate a vehicle or aircraft;

(B) include efforts to clear, muck, grub, and fill part or all of a site; installation of a septic system or other waste storage or disposal facilities; and demolition and removal of previous improvements to prepare a site for redevelopment;

(93) "site development materials" means materials used for site development, including geotextile, fill, gravel, paving, and pavement reinforcement materials;

(94) "special event"

(A) means a short-term private, public, or non-profit activity

(i) not already permitted under the terms of a lease, permit, or concession; and

(ii) that requires use of the airport for aeronautical or non-aeronautical activity;

(B) includes

(i) aeronautical or non-aeronautical activity for civic, charitable, educational, religious, not-for-profit, or similar purposes; or

(ii) activity of any sort that creates safety concerns or has the potential to disrupt normal or customary airport operations or activities.

(95) "sublease"

(A) means a transaction or agreement under which a lessee or concessionaire leases, rents, or otherwise grants occupancy rights to all or a portion of a premises or improvements on a premises;

(B) includes a sub-sublease;

(96) "sublessee"

(A) means a person who leases, rents, or otherwise receives occupancy rights from a sublessor under a sublease;

(B) includes a sub-sublessor;

(97) "sublessor"

(A) means a person who leases, rents, or otherwise provides occupancy rights to a sublessee under a sublease;

(B) includes a sub-sublessor;

(98) "successive lease" means a new land lease that begins immediately upon the expiration of a previous lease or holdover with the same lessee and that covers substantially the same premises as the previous lease;

(99) "taxiway" means a portion of an airport constructed or designated on an airport by the department for operation of aircraft moving on the ground between and among premises, aprons, and runways;

(100) "temporary fuel storage" means the storage of fuel in a barrel, bladder, or other portable container, but not in a mobile fuel tank;

(101) "threshold" means a line established by the department on the airport layout plan to identify the beginning of the runway area that is available and suitable for the landing of aircraft;

(102) "transient aircraft" means an aircraft that is located at an airport other than the airport at which the aircraft spends the greatest amount of time on the ground on an annual basis;

(103) "transient aircraft fee parking" means the parking of transient aircraft in an area designated by the department for that purpose under 17 AAC 45.600 or in an assigned space made available under 17 AAC 45.530(c);

(104) "TSA" means the United States Transportation Security Administration and any other federal agency or successor federal agency responsible for airport or aviation security;

(105) "valet parking service" means the activity of providing or offering to provide vehicle parking for airport users or visitors and in which the parking service

(A) parks or otherwise drives or offers to drive a customer's vehicle; or

(B) offers or arranges for transportation of an airport user or visitor between the parking location and a location on the airport;

(106) "vehicle" means a motorized device, other than an aircraft, upon or by which a person or property may be transported or drawn;

(107) "vehicle rental business" means the activity of renting or leasing or offering to rent or lease vehicles for use by others and that

(A) operates on an airport; or

(B) derives business from an airport and picks up, offers to pick-up, or arranges for pick-up of customers at the airport.

History

Authority: AS 02.15.020; AS 02.15.090 AS 02.15.060; AS 02.15.200
Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

Chapter 50 Buildings

17 AAC 50.010 Construction of public buildings accessible to persons with physical disability

A person, department, or agency responsible for the construction of a public building or facility by or for the state (including the University of Alaska) or its political subdivisions shall assure that the public building or facility is accessible to and usable by persons with physical disabilities. As the standard to meet this requirement, the Department of Transportation and Public Facilities adopts by reference and makes a part of this chapter of the Alaska Administrative Code the American National Standard Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People, approved March 3, 1980 by the American Standards Association, Incorporated under the sponsorship of the National Society for Crippled Children and Adults and the President's Committee for Employment of the Physically Handicapped and the Department of Transportation and Public Facilities' associated amendments dated December 12, 1980.

History

Authority: AS 35.10.015
Eff. 6/21/73, Register 46; am 8/25/80, Register 75; am 1/21/81, Register 77

Chapter 55 Local Control of State Public Works Projects

17 AAC 55.010 Application by municipality for local control of public works

(a) If the governing body of a municipality wishes to exercise its right under AS 35.15.080 to request the assumption of any of the department's planning, design, and construction responsibilities for a public works project located within its boundaries, the governing body must submit a letter of intent not more than 90 days after the effective date of the appropriation funding the project, or within 30 days after a request by the department that a municipality assume any portion of the department's responsibilities for the planning, design, or construction of a public works project. The department will, in its discretion, consider late requests if it determines that granting the request would not substantially delay the project or add to its cost.

(b) The department will, in its discretion, require that the governing body's request be supplemented to include a completed application, on a form prescribed by the department, containing sufficient information to enable the department to determine which project responsibilities the municipality proposes to assume, whether the request is consistent with the legislative intent of the appropriation, how much money the request will entail, and any other information that may enhance the timely processing of the request and aid in the determination that the transfer of responsibility is practical and in the best interest of the state.

History

Authority: AS 35.15.080; AS 44.42.030
Eff. 3/20/86, Register 97

17 AAC 55.020 Agreements for local control of state public works projects

(a) If the department transfers any of its planning, design, and construction responsibilities to a municipality, the department will, and the municipality shall, enter into a transfer of responsibilities agreement. This agreement defines the conditions governing the transfer of responsibilities and must provide that

(1) the municipality, and any contractor engaged by the municipality, shall comply with the provisions of any affirmative action plan applicable to the project, AS 35, AS 36, AS 44.27.060, 17 AAC and any other statutes or regulations governing the department's legal responsibilities in constructing public works;

(2) the municipality shall indemnify, defend, and hold harmless the state, its officers, agents, employees, and contractors for any claims or suits arising out of any local assumption of planning, design, and construction responsibilities; and

(3) the municipality shall coordinate all regulatory agency reviews and obtain all necessary written approvals from regulatory agencies.

(b) Notwithstanding the provisions of this section, if a public works project is to be funded in part or in whole by federal money, the agreement between the department and the municipality will not require compliance with any Alaska statute or regulation that is inconsistent with federal law or regulations. If required by federal regulations, the agreement is effective only after approval by the federal agency providing the funding. The agreement will also include the requirement that the municipality comply with the federal laws and regulations relating to the federal funding program.

(c) An agreement between the department and a municipality will include any terms that the department finds are necessary to meet local conditions and unique requirements and to assure compliance with the public facilities procurement policies developed by the department under AS 35.10.160 - 35.10.200. The department will, in its discretion, require the municipality to submit to the department, for review and approval, design and final bid documents, status and expenditure reports, "as-built" drawings and other pertinent material.

(d) An agreement will, in the department's discretion, include project charges for technical services provided by the department for a particular project at the request of the municipality.

(e) An agreement between the department and a municipality will, in the department's discretion, set out the maximum amount of money that the municipality may deduct for management fees, and the minimum amount of money to be used for construction.

History

Authority: AS 35.15.080; AS 44.42.030
Eff. 3/20/86, Register 97

17 AAC 55.030 Selection of design and construction contractors

(a) If a municipality determines that it is necessary to engage the services of a private consultant to design a public works project under an agreement, the selection of the consultant must be accomplished under procedures that comply with AS 36.98 and 17 AAC 07.010 - 17 AAC 07.900.

(b) The construction of a public works project under an agreement by a municipality must be performed under bid contract in accordance with AS 35.15.010. However, if the estimated cost of the construction portion of the project is less than $100,000, or if it appears to be in the best interests of the state, the municipality may with the prior approval of the commissioner, construct the public works project itself using its own employees.

(c) The municipality shall provide a procedure for administrative review of complaints filed by aggrieved bidders for construction contracts which provides for

(1) an appeal within five days after the award;

(2) a hearing with notice to all interested parties; and

(3) a redetermination and final award in accordance with law.

(d) The award of a contract for the construction of a public work under an agreement must be to the lowest responsible bidder without regard to municipal ordinances granting a preference to local bidders.

History

Authority: AS 35.15.080; AS 44.42.030
Eff. 3/20/86, Register 97

17 AAC 55.040 Payments to the municipality

(a) If a municipality has assumed partial or complete control of a public works project, the department will, in its discretion, require the municipality to submit certification of amounts and vouchers indicating payments of expenditures before the department will transfer money to the municipality from the special account established for the project under AS 35.15.090. Any transfer of money is subject to audit. Alternatively, the department will, in its discretion, establish a schedule under which a specified percentage of the total project appropriation will be transferred to the municipality for each phase of the project. The agreement will identify which method of payment will be used. If the schedule method is used, the agreement will also specify what percentage will be allocated to each phase and when the fund transfers will be made.

(b) If project design documents submitted by the municipality conflict substantially with the project as it is described in the agreement, the municipality will be notified that further payments of project money will not be made until the conflicting areas are corrected.

(c) If status or expenditure reports submitted by the municipality indicate that the project is not on schedule, the department will, in its discretion, decline to adhere to any payment schedule set out in the agreement under (a) of this section, and will, in its discretion, withhold the periodic payments until they are actually needed by the municipality.

(d) The department will, in its discretion, withhold a portion of the total project appropriation, not to exceed five percent, until the audit of the project is complete. The agreement will specify what percentage of the appropriation, if any, will be withheld.

History

Authority: AS 35.15.080; AS 35.15.090; AS 44.42.030
Eff. 3/20/86, Register 97

17 AAC 55.050 Termination of local control agreement by department for cause

(a) If a municipality that has assumed control of a public works project under AS 35.15.080 is in substantial violation of an agreement executed under 17 AAC 55.020, or if the municipality has failed to fulfill its responsibilities under the agreement in a proper and timely manner, the department will, in its discretion, notify the municipality of the violation or failure. If the municipality fails to correct the violation within a reasonable time, or to offer assurance satisfactory to the department that the violation or failure will be remedied or the work defects cured, the department will, in its discretion, terminate the agreement and assume control of the project. The department will give written notice to the municipality at least 15 days before the effective date of termination, and will state the reasons for the termination. The municipality may appeal the department's decision to the commissioner within 10 days. Pending the commissioner's decision, no work may proceed on the project. The commissioner's decision is final.

(b) If an agreement is terminated for cause under this section, the department will compensate the municipality for satisfactory work on the project to the extent that the municipality has not been compensated. However, the municipality is not relieved of any liability to the department for damages caused by the contract breach, and the department will, in its discretion, withhold compensation due under this subsection until the amount of damages owing to the department can be determined and deducted against the department's obligations.

(c) The department will, in its discretion, waive the requirements of this section in an agreement if the municipality must sell revenue bonds to provide money for construction of a public works project as proposed in that agreement.

History

Authority: AS 35.15.080; AS 44.42.030
Eff. 3/20/86, Register 97

17 AAC 55.060 Termination of local control agreement by department for convenience of state

(a) The department will, in its discretion, at any time, terminate an agreement executed under 17 AAC 55.020 and assume control of the project itself, if the department determines that termination is in the best interests of the state. The department will give written notice to the municipality of its decision to terminate the agreement not less than 15 days before the effective date of termination. The written notice will include a statement of why the decision to terminate was made.

(b) If an agreement is terminated for the convenience of the state under this section, the department will reimburse the municipality for that portion of its expenses which was not otherwise reimbursed under the agreement, and which is directly attributable to performance under the agreement. The department will also reimburse the municipality for any costs properly incurred by the municipality in honoring convenience termination clauses in its agreements with its contractors, as long as those clauses conform to the standard convenience termination clause used by the state for similar type contracts.

History

Authority: AS 35.15.080; AS 44.42.030
Eff. 3/20/86, Register 97

17 AAC 55.070 Inspection, audit, and maintenance

(a) If the department transfers control of a public works project to a municipality by an agreement executed under 17 AAC 55.020, the department will evaluate the project upon completion, to determine the project's compliance with that agreement. As part of this evaluation, the department will, in its discretion, require the municipality to furnish it with "as-built" drawings, a statement by the responsible local official certifying that the project was constructed according to these drawings, and a certified expenditure report. If the evaluation discloses non-compliance with the agreement, the municipality, as directed by the department, shall make, at its own expense, any changes necessary to bring the project into compliance.

(b) The department will, in its discretion, perform an audit of a project transferred to local control at any time during the life of the project, or within three years after the project's acceptance by the department. The audit will be preceded by written notice to the municipality. If the audit or review of the certified expenditure report turns up discrepancies or unauthorized activity or expenditures, the municipality shall reimburse amounts attributable to the unauthorized activity or expenditures.

(c) The department will, in its discretion, require the municipality to provide for an independent third-party audit of the project, and provide the audit report to the state. The cost of any third-party audit required by the department is a valid charge against the project. If the audit report discloses discrepancies or unauthorized activity or expenditures, the municipality shall reimburse the state for the amounts attributable to the unauthorized activity or expenditures.

(d) Maintenance and operation of a completed public works project constructed by the municipality under an agreement will be determined on a case-by-case basis, and the agreement will specify which party is to be responsible for its maintenance and operation.

History

Authority: AS 35.15.080; AS 35.15.110 AS 35.15.090; AS 44.42.030
Eff. 3/20/86, Register 97

17 AAC 55.900 Definitions

(a) As used in this chapter,

(1) "agreement" means a contract executed between the Department of Transportation and Public Facilities and a municipality established under AS 29, by which the department agrees to transfer to the municipality part or all of its duties to plan, design, or construct a specific public works project;

(2) "commissioner" means the commissioner of the Department of Transportation and Public Facilities;

(3) "department" means the Department of Transportation and Public Facilities;

(4) "municipality" means a municipality established under AS 29 which has the necessary power and authority to plan, design, and construct public works.

(b) For purposes of this chapter, "construction" and "public works" are defined in AS 35.95.100.

History

Authority: AS 35.15.080; AS 44.42.030
Eff. 3/20/86, Register 97

Chapter 60 Highway Signs for the Traveling Public

Article 1 Tourist-Oriented Directional Signs

17 AAC 60.001 Purpose of TODS program

The purpose of the tourist-oriented directional sign (TODS) program is to provide a tourist-oriented activity located near a rural highway with an opportunity to install within the highway right of way a sign that contains the name of the activity and directs the traveling public to the activity.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.005 TODS application procedure

(a) A person who operates a tourist-oriented activity may apply to the department for a TODS permit by completing a TODS permit application. The applicant shall submit the application to the department representative specified on the application along with a nonrefundable $100 application fee.

(b) The department will review the application submitted under (a) of this section. Not later than 30 days after the date the completed application was received by the department representative, the department will send a written review decision to the applicant. If the department approves a TODS permit application under 17 AAC 60.010, the written review decision will request from the applicant a nonrefundable TODS permit fee of $400. However, if the applicant currently holds a TODS permit for the TODS and is seeking renewal of the permit, the nonrefundable TODS permit fee is $300. Upon receipt of the permit fee, the department will issue the permit and send it to the applicant.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.010 Review of TODS permit applications

The department will approve a TODS permit application if

(1) the applicant's tourist-oriented activity derives at least 25 percent of its gross receipts, if any, from visiting motorists who reside more than 20 miles from the location of the tourist-oriented activity;

(2) the applicant's tourist-oriented activity complies with AS 19.25.105 and this chapter;

(3) the applicant maintains the necessary licenses for the tourist-oriented activity;

(4) the applicant's tourist-oriented activity is not located more than 25 miles from the highway for which a TODS permit is requested, except the activity of an applicant who requests a gas or restaurant TODS permit must not be located more than three miles from the highway for which the TODS permit is requested;

(5) the applicant's tourist-oriented activity or the location of the driveway or intersecting road are not located within the urban portion of an organized borough that exceeds 2,500 permanent residents;

(6) neither the applicant's tourist-oriented activity nor an advertising sign for the activity are visible to a motorist traveling the highway until the motorist is within 1250 feet of the driveway or intersecting road;

(7) the TODS may be placed at the proposed location in a manner consistent with the standards set out in the documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11);

(8) the proposed location has fewer than six current TODS permits; and

(9) the proposed sign location has not been designated a traveler information kiosk location under 17 AAC 60.405(a).

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161; am 11/15/2024, Register 252

17 AAC 60.015 TODS placement limitations

(a) A TODS may not be placed at the following junctions:

(1) Sterling Highway at Kenai Spur;

(2) Sterling Highway at Seward Highway;

(3) Parks Highway at Glenn Highway;

(4) Parks Highway at Palmer-Wasilla Highway;

(5) Parks Highway at Seward Meridian;

(6) Glenn Highway at Palmer-Wasilla Highway;

(7) Glenn Highway at Richardson Highway;

(8) Richardson Highway at Tok Cutoff Highway;

(9) Richardson Highway at Alaska Highway;

(10) Alaska Highway at Tok Cutoff Highway.

(b) A TODS may not be placed

(1) on a freeway or an expressway;

(2) on an on-ramp or off-ramp of a freeway or expressway; or

(3) at a location where the majority of the traffic exits the highway at the driveway or intersecting road.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.020 Multiple TODS on a single set of posts

Up to three TODS may share a set of sign posts. If two or three TODS share a set of sign posts, the TODS permit holders shall share the expense of maintaining the posts.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

Article 2 Logo Signs

17 AAC 60.101 Purpose of logo sign program

The purpose of the logo sign program is to provide a gas station, restaurant, lodging facility, or campground with an opportunity to install within the highway right of way a logo that reflects the identity of the activity and directs the traveling public to the activity.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.105 Logo sign application procedure

(a) A person who operates a specific service activity may apply to the department for a logo sign permit by completing a logo sign permit application. The applicant shall submit the application to the department representative specified on the application along with a

(1) nonrefundable $100 application fee; and

(2) color image of the logo that the applicant wishes to include on the logo sign.

(c) If the department approves a logo sign permit application under 17 AAC 60.110 for a logo to be placed on a highway described in 17 AAC 60.115(b), the written review decision will request from the applicant a nonrefundable logo sign permit fee of $400. However, if the applicant currently holds a logo sign permit for the logo and is seeking renewal of the permit, the nonrefundable logo sign permit fee is $300. Upon receipt of the permit fee, the department will issue the permit and send it to the applicant.

(d) If the department approves a logo sign permit application under 17 AAC 60.110 for a logo sign to be placed on a freeway or expressway listed in 17 AAC 60.115(a), the written review decision will request from the applicant a nonrefundable logo sign permit fee of $4,500. However, if the applicant currently holds a logo sign permit for the logo and is seeking renewal of the permit, the nonrefundable logo sign permit fee is $1,000. Upon receipt of the permit fee, the department will issue the permit and send it to the applicant.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.110 Review of logo sign permit applications

The department will approve a logo sign permit application if

(1) the applicant's specific service activity complies with AS 19.25.105 and this chapter;

(2) the applicant maintains the necessary licenses for the specific services activity;

(3) the applicant's specific service activity is not located more than 25 miles from the highway for which a logo sign permit is requested, except the activity of an applicant who requests a gas or restaurant logo sign permit must not be located more than three miles from the highway for which the logo sign permit is requested;

(4) neither the applicant's specific service activity nor an advertising sign for the activity are visible to a motorist traveling the highway until the motorist is within 1250 feet of the driveway or intersecting road;

(5) the logo sign may be placed at the proposed location in a manner consistent with the standards set out in the documents described in 17 AAC 60.915(b);

(6) the proposed logo sign location has space for the logo under 17 AAC 60.115 and 17 AAC 60.120; and

(7) the proposed sign location has not been designated as a tourist information kiosk location under 17 AAC 60.405(a).

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.115 Logo sign placement limitations

(a) A logo sign may be placed along the following segments of freeway or expressway:

(1) Glenn Highway from Muldoon interchange to Parks Highway intersection;

(2) Richardson Highway from Mitchell Expressway to Eielson Air Force Base Gate;

(3) Mitchell Expressway from Richardson Highway interchange to Geist/Parks Highway interchange;

(4) Steese Expressway from Johansen Expressway to Haglebarger intersection;

(5) Egan Drive from Mendenhall Loop to Glacier Highway intersection at 2.5 mile Egan Drive.

(b) In addition to the segments of freeway or expressway listed in (a) of this section, a logo sign may be placed along a freeway or expressway within an organized borough if the

(1) borough has more than 2,500 permanent residents but no more than 10,000 permanent residents; and

(2) location is not within the urban portion of an organized borough.

(c) A logo sign may not be placed at a location where the majority of the traffic exits the highway at the driveway or intersecting road.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.120 Logo panels

(a) The department will install and maintain a logo panel needed along a freeway or expressway listed in 17 AAC 60.115(a). The department will install the panel as soon as weather conditions allow for successful installation.

(b) A logo sign permit holder who holds a logo sign permit for a logo to be located along a highway described in 17 AAC 60.115(b) shall arrange, at the holder's expense, for a sign contractor to manufacture, install, and maintain a logo panel for the logo if space on an existing logo panel is not available. If two or more holders share a logo panel, they shall share the expense of maintaining the logo panel.

(c) A logo sign location may accommodate up to four logo panels. Two logo panels at a location may not contain logos for the same type of specific service activity. Except as provided in (d) of this section, a logo panel may accommodate only one type of specific service activity logo. Except as provided in (e) of this section, a logo panel must be manufactured to accommodate four logos.

(d) A logo panel that is to accommodate four logos from one type of specific service activity may be modified to accommodate two logos from each of two different types of specific service activity if the department determines that during the next five years, the location is unlikely to generate more than two approvable logo sign permit requests for each of the two specific service types to be combined on the logo panel.

(e) A logo panel that is to be located along a highway described in 17 AAC 60.115(b) may be modified to accommodate just two logos from one type of specific service activity if the department determines that during the next five years, the location is unlikely to generate more than two approvable logo sign permit requests for the specific service type to be accommodated on the logo panel.

(f) A logo sign permit holder who holds a logo sign permit for a logo to be located along a highway described in 17 AAC 60.115(b) shall provide an exit ramp sign on the off-ramp as provided in the standards set out in the documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11). The exit ramp sign is covered under the logo sign permit and does not require a separate fee.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142; am 11/15/2024, Register 252

Article 3 Recreational and Cultural Interest Area Signs

17 AAC 60.201 Purpose of RCIA sign program

The purpose of the recreational and cultural interest area (RCIA) sign program is to provide a RCIA with an opportunity to install within the highway right of way a sign that contains the name of the RCIA and directs the traveling public to the RCIA.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.205 Recreational and cultural interest areas

A recreational and cultural interest area (RCIA) is a location within the state that

(1) is accessible by a maintained road;

(2) attracts an average of at least 100 persons per day during at least four consecutive months; and

(3) is widely noted for its recreational or cultural significance; for purposes of this paragraph, locations widely noted for their recreational or cultural significance include national parks, state parks, sites listed in the National Register of Historic Places, libraries, community centers, museums, art galleries, race tracks, ski areas, and land that is of cultural significance, that is under one ownership, and that has not less than 10 continuous miles of frontage upon a state highway; in areas where land with more than 10 continuous miles of frontage on a state highway is separated from other lands that are in the same ownership, and that qualify for signage under this section, entering and exit signs for each separate holding may not be installed unless the separate holdings are more than two miles apart.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161

17 AAC 60.210 RCIA sign permit application procedure

(a) A person who operates an RCIA may apply to the department for an RCIA sign permit by completing an RCIA sign permit application. The applicant shall submit the application to the department representative specified on the application along with a non-refundable $100 application fee.

(b) Within 30 days after the department has received a correctly completed application submitted under (a) of this section and inspected the proposed site for the RCIA sign, the department will review the application and send a written decision to the applicant. If the department approves an RCIA permit application under 17 AAC 60.215, the applicant must pay a nonrefundable RCIA sign permit fee of $400. However, if the applicant currently holds an RCIA sign permit for the sign and is seeking renewal of the permit, the nonrefundable RCIA sign permit fee is $300. Upon receipt of the permit fee, the department will issue the permit and send it to the applicant.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161

17 AAC 60.215 Review of RCIA sign permit applications

The department will approve a RCIA sign permit application if

(1) the department determines that the applicant operates a RCIA;

(2) the applicant's RCIA complies with AS 19.25.105 and this chapter;

(3) the applicant maintains the necessary licenses for the RCIA;

(4) the RCIA sign may be placed at the proposed location in a manner consistent with the standards set out in the documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11);

(5) neither the applicant's RCIA nor an advertising sign for the RCIA are visible to a motorist traveling the highway until the motorist is within 1250 feet of the driveway or intersecting road; and

(6) the proposed sign location has not been specified as a community services sign location or a tourist information kiosk location.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142; am 11/15/2024, Register 252

Eff. 5/18/97, Register 142; repealed 3/1/2002, Register 161

Article 5 Tourist Information Kiosks

17 AAC 60.401 Purpose of traveler information kiosk

The purpose of the traveler information kiosk program is to provide centralized information on businesses, services, or activities located in the vicinity of the traveler information kiosk.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161

17 AAC 60.405 Traveler information kiosk locations

(a) The department will designate a location as a traveler information kiosk location if the highway rest stop or pullout can reasonably accommodate the traveler information kiosk.

(b) Repealed 3/1/2002.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161

17 AAC 60.410 Traveler information kiosk application procedure

(a) A government entity, chamber of commerce, convention bureau, visitors bureau, business association, or similar organization may apply to the department for a traveler information kiosk permit. The applicant shall submit the application to the department representative specified on the application along with

(1) a list of the types of traveler-oriented activities, RCIAs, and general services that the applicant intends to include in the kiosk; and

(2) a nonrefundable $100 application fee.

(b) Within 30 days after the department has received a correctly completed application submitted under (a) of this section and inspected the proposed site for the traveler information kiosk, the department will review the application and send a written decision to the applicant. If the department approves a traveler information kiosk permit application under 17 AAC 60.415, the applicant must pay a nonrefundable traveler information kiosk permit fee of $400. However, if the applicant currently holds a traveler information kiosk permit for the kiosk and is seeking renewal of the permit, the nonrefundable traveler information kiosk permit fee is $300. Upon receipt of the permit fee, the department will issue the permit and send it to the applicant.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161

17 AAC 60.415 Review of traveler information kiosk permit applications

The department will approve a traveler information kiosk permit application if the

(1) department has designated the proposed location as a traveler information kiosk location under 17 AAC 60.405(a);

(2) applicant is a government entity, chamber of commerce, convention bureau, visitors bureau, business association, or similar organization;

(3) kiosk may be placed at the proposed location in a manner consistent with the standards set out in the documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11);

(4) department determines that the traveler information kiosk would benefit the traveling public;

(5) applicant agrees to keep the traveler information kiosk and the area identified in the permit free of litter and debris; and

(6) applicant agrees to other conditions necessary to protect the state's best interests and the traveling public.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161; am 11/15/2024, Register 252

17 AAC 60.420 Traveler information kiosk permit holder to maximize representation

A traveler information kiosk permit holder shall manage the traveler information kiosk to maximize the number of eligible activities associated with the kiosk.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161

Eff. 5/18/97, Register 142; repealed 3/1/2002, Register 161

Article 7 General Provisions

17 AAC 60.905 Manufacture, installation, maintenance, and removal of tourist signs

(a) Upon receipt of a tourist sign permit, the permit holder shall arrange, at the holder's expense, for a sign contractor to manufacture, install, and maintain the sign as specified in the permit.

(b) If an activity associated with a tourist sign is closed, or is expected to be closed, for more than one month, the permit holder shall arrange, at the holder's expense, for a sign contractor to remove the sign, symbol, or logo or to mask the sign, symbol, or logo with a plate. The permit holder shall ensure that the sign contractor removes the sign, symbol, or logo or installs the plate not later than seven days after the date of closure.

(c) If an activity associated with a tourist sign closes permanently or no longer meets the conditions under which the sign permit was issued, the permit holder shall

(1) immediately arrange, at the permit holder's expense, for a sign contractor to remove the sign, symbol, or logo not later than seven days after the closure or change; and

(2) not later than 14 days after the closure or change in conditions, send a written notice to the department that describes the closure or change.

(d) A community services sign permit holder need not remove or mask a symbol under (b) or (c) of this section unless all of the activities represented by the symbol close or fail to meet the conditions under which the permit was issued.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.910 Sign contractors

(a) A person may not install, maintain, or remove a tourist sign unless the person is named on the list of sign contractors described in (b) of this section.

(b) The department will maintain a list of sign contractors. The list consists of those persons known to the department to have experience in working in public rights-of-way with active traffic and knowledge of the traffic control requirements necessary for safe operation. The department will add a person to the list if the person, in writing, demonstrates a reasonable basis for the department to conclude that the person has experience in working in public rights-of-way with active traffic and knowledge of the traffic control requirements necessary for safe operation.

(c) The department will notify a person on the list that the department has received information that the person has demonstrated an inability to work safely in public rights-of-way or has failed to substantially comply with the requirements of this chapter. The notice will

(1) specify that the department will remove the person from the list if the department determines that the information received is accurate; and

(2) provide the person with 30 days to respond to the information.

(d) Before installing, maintaining, or removing a tourist sign, a sign contractor shall submit a written request for permission to work in the right-of-way to the department. The request must include a traffic control plan. The department will approve the request if the department determines that the request is consistent with safe operation on the highway and this chapter. In approving the request, the department will, in its discretion, impose other requirements that are necessary to ensure safe operation of the highway.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.915 Designs and specifications for tourist signs

(a) The documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11) contain the designs and specifications for the placement, manufacture, installation, and maintenance of tourist signs. The department will not issue a tourist sign permit unless the sign may be installed in a manner consistent with the documents described in (b) of this section. A sign contractor shall manufacture, install, and maintain a TODS to meet the designs and specifications contained in the documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11).

(b) Repealed 11/15/2024.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161; am 2/5/2004, Register 169; am 7/15/2009, Register 191; am 11/15/2024, Register 252

17 AAC 60.920 Symbols

(a) In issuing a TODS permit, RCIA sign permit, or community services sign permit for a sign that includes a symbol, the department will assign to the application the symbol found in the documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11) that the department determines most accurately conveys the nature of the associated activity.

(b) If the department determines that no symbol contained in the documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11) accurately conveys the nature of the associated activity, the department will withhold the sign permit and direct the applicant to design, at the applicant's expense, an appropriate symbol. The department will direct departmental staff to assist the applicant in designing the symbol. The department will assign the applicant's resulting symbol to the permit and issue the permit if the department determines that the symbol accurately conveys the nature of the associated activity and is stylistically similar to the symbols found in the documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11). By accepting the permit, the applicant agrees to allow the department to use the symbol for other purposes without compensation.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142; am 11/15/2024, Register 252

17 AAC 60.925 Sign permit duration and renewal

(a) A tourist sign permit allows the holder named on the permit to arrange for a sign contractor to manufacture, install, and maintain the sign as specified on the permit and in this chapter until the permit expires. Except as provided in 17 AAC 60.930, a sign permit issued under this chapter expires on December 31 of the fourth year following the date the permit was issued.

(b) A tourist sign permit holder may renew the permit by following the application procedure specified in this chapter for the particular tourist sign. A renewed permit expires five years following the date the old permit expired.

(c) A tourist sign permit holder shall arrange, at the holder's expense, for a sign contractor to remove the sign before the permit expires unless, before the expiration date, the holder receives a renewed permit for the sign.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.930 Permits for existing signs

(a) The department will issue a sign permit to a person who, on May 18, 1997, maintained a sign acknowledged by the department in a state right-of-way if the sign meets the requirements of this chapter. In recognition of the public interest in maintaining these existing signs, the department will waive the fee for the permit. The permit expires and may be renewed as provided in this chapter. The permit holder shall manage the tourist sign as required by this chapter.

(b) Subsection (a) of this section is repealed January 1, 2002.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 8/14/97, Register 143

17 AAC 60.935 Permit transfer

If a person who holds a tourist sign permit transfers the associated activity to another person, the new person shall notify the department in writing within 10 days of the transfer. The department will cancel the original permit and issue, without charge, a permit to the new person if the department determines that the material circumstances of the original permit have not changed. The permit issued under this section expires on the same date that the original permit expires.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.940 One sign permit per activity

An activity may not be associated with more than one sign permit issued under this chapter at a time.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.945 More restrictive local controls

The department will not issue a sign permit if the permit would violate a city or borough ordinance.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.950 Standards for signs relating to gas, food, lodging, and camping activities

(a) The department may not issue a sign permit for a gas station unless the gas station owner affirms that the gas station will, while the sign is visible to the public,

(1) provide fuel, oil, tire air, water, restroom facilities, drinking water, and a telephone; and

(2) maintain continuous operation for at least 12 hours per day, seven days per week.

(b) The department may not issue a sign permit for a restaurant unless the restaurant owner affirms that the restaurant will provide three meals a day, seven days a week and a telephone while the sign is visible to the public.

(c) The department may not issue a sign permit for a lodging facility unless the facility owner affirms that the facility will provide a telephone while the sign is visible to the public.

(d) The department may not issue a sign permit for a campground unless the campground owner affirms that the campground will provide modern sanitary facilities and drinking water while the sign is visible to the public.

(e) The requirements of this section are in addition to any other requirements of this chapter or other applicable law.

History

Authority: AS 19.05.010; AS 19.10.040; AS 19.25.170 AS 19.05.020; AS 19.10.050; AS 19.25.200 AS 19.05.040; AS 19.25.105
Eff. 8/14/97, Register 143

17 AAC 60.955 Sign permit issuance and sign relocation

(a) In determining whether to issue a permit under this chapter, the department will

(1) not issue a permit if the resulting sign would interfere with a departmental regulatory, warning, or directional sign;

(2) recognize a priority for existing signs over proposed new signs;

(3) recognize a priority among competing applications, in the following order, among the listed activities:

(A) gas;

(B) restaurant;

(D) camping;

(E) other activities or general services;

(F) RCIAs;

(4) require, as a condition of the permit, that the permit holder provide trailblazing signs as required under the standards set out in the documents adopted by reference in 17 AAC 20.950(1), (4), (8), (10), and (11); the permit holder shall arrange for permission to provide the required trailblazing signs along highways not maintained by the state;

(5) waive a fee required under this chapter if the person that would be charged the fee is a government entity.

(b) The department will relocate a sign installed under this chapter if necessary to accommodate a change in the traffic pattern at the location. If the sign cannot be relocated in a manner consistent with this chapter, the department will remove the sign and return it to the permit holder.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142; am 11/15/2024, Register 252

17 AAC 60.957 Two signs per permit

A sign permit issued under this chapter allows for two similar signs to be placed along the highway, one from each direction, unless the permit specifies that the condition of the highway only allows for one sign to be placed.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.960 Violations

(a) If the department determines that a tourist sign permit holder or tourist sign violates AS 19.25.105 or this chapter, the department will send a written notice to the permit holder. The notice must describe the violation, give the permit holder an opportunity to respond, and provide notice of the acceptable remedy.

(b) If the department determines under (a) of this section that a violation has occurred, then the department will issue an order directing the permit holder to arrange, at the holder's expense, for a sign contractor to remove the sign. The department will also cancel the permit.

(c) A notice issued under (a) of this section must provide the permit holder with at least 20 days from the date of the notice to respond to the notice or to remedy the violation.

(d) If a permit holder fails to remedy a violation described in the order sent under (b) of this section, the department will

(1) remove the sign;

(2) cancel the permit if it has not already expired;

(3) bill the permit holder for the department's expenses;

(4) within 15 days of the date of removal send a written notice of action to the permit holder; the notice of action must describe the action and the reason for the action; and

(5) return the sign to the permit holder not later than 15 days after the permit holder pays the department for its expenses as billed under (3) of this subsection.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105
Eff. 5/18/97, Register 142

17 AAC 60.965 Appeals

Repealed.

History

Eff. 5/18/97, Register 142; repealed 5/4/2000, Register 154

17 AAC 60.995 Definitions

In this chapter

(1) "activity" means a tourist-oriented activity, specific service activity, or RCIA;

(2) "commissioner" means the commissioner of the department;

(3) "department" means the Department of Transportation and Public Facilities;

(4) "driveway or intersecting road" means the road that a motorist takes from a highway with a tourist sign to the activity associated with the sign;

(5) "highway rest stop or pullout" has the meaning given in 17 AAC 05.990;

(6) "location" means a 2,500 foot segment of highway right-of-way bisected by a driveway or intersecting road;

(7) "logo" means a square design used by a specific service activity to distinguish itself from similar specific service activities;

(8) "logo panel" means a highway sign and posts on which logos may be mounted;

(9) "logo sign" means a logo and a logo panel consisting of a sign on which logos for gas, food, lodging, and camping are mounted; a logo sign consists of a logo and a logo panel;

(10) "RCIA" means recreational and cultural interest area;

(11) "recreational and cultural interest area" or "RCIA" has the meaning given the term at 17 AAC 60.205;

(12) "sign contractor" means a person included in the list described in 17 AAC 60.910(b);

(13) "specific service activity" means a commercial activity that offers gas, food, lodging, or camping;

(14) "symbol" means a square icon that accurately conveys the nature of its associated service or activity but does not reflect the name or a logo for the service or activity;

(15) "TODS" means a tourist-oriented directional sign;

(16) "tourist-oriented activity" means a motorist service, tourist attraction, or business of significant interest to the traveling public; "tourist-oriented activity" does not include an RCIA;

(17) "tourist-oriented directional sign" or "TODS" means a sign erected in a highway right-of-way for the purpose of alerting the traveling public to a nearby tourist-oriented activity;

(18) "tourist sign" means a TODS, logo sign, RCIA sign, or traveler information kiosk;

(19) "trailblazing sign" means a sign that guides a motorist traveling from a sign regulated under this chapter to the activity or RCIA represented on the regulated sign;

(20) "traveler information kiosk" means an area in a highway rest stop or pullout with a structure housing traveler information about businesses, services, and activities in the local area;

(21) "urban portion of an organized borough" means a location characterized by one or more of the following:

(A) dense residential or commercial development;

(B) roads used primarily for short local transportation as opposed to long distance through traffic;

(D) traffic signals.

History

Authority: AS 19.05.010; AS 19.05.040; AS 19.25.200 AS 19.05.020; AS 19.25.105; AS 44.42.030
Eff. 5/18/97, Register 142; am 3/1/2002, Register 161

Chapter 70 Marine Transportation

Article 1 State Ferries (Alaska Marine Highway)

17 AAC 70.010 Purpose of ferry system

Vessels of the Alaska Marine Highway System provide scheduled service to and between ports in Alaska for transportation of persons, baggage, vehicles and the contents of such vehicles unless otherwise specifically prohibited. Service performed shall be subject to rates, charges, fares and regulations as shown in the seasonal public information brochures published regularly by the ferry system. The ferry system has been classified by the U.S. Court of Appeals, Ninth Circuit, as a marine highway. Regulations of the Interstate Commerce Commission, United States Department of Transportation and/or Alaska Transportation Commission are not applicable to the rules, rates and schedules applied to movement of traffic over terminals or aboard vessels of the ferry system.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.020 Classification of traffic

For the purpose of applying rate charges, fares, and regulations, the following classifications will govern:

(1) passengers

(A) persons under six years of age;

(B) persons six years of age through 11 years of age;

(C) persons traveling as members of a bona fide youth group (age 18 or younger) properly supervised by persons who are age 19 or older;

(D) persons 65 years of age or older;

(E) persons not covered in categories (A) - (D) of this paragraph;

(2) vehicles

(A) passenger vehicles, including, but not limited to, station wagons, motorhomes, motorcycles, pickup-type trucks, when used as campers or for the transport of personal belongings;

(B) travel trailers, boat trailers, or utility trailers exclusively for personal use;

(C) truck units or combinations of tractor and trailer, used to transport freight or materials, of a size, weight and configuration that is in conformity with existing highway regulations;

(D) machinery on wheels, either self-propelled or towed, when equipped with rubber tired wheels, and in conformity with ferry system requirements as to size and weight;

(E) miscellaneous vehicles including, but not limited to, ambulances, hearses, buses and taxis;

(F) certain other articles, such as mobile homes, modular units mounted on running gear, when traveling on special highway permit, will be transported on a space-available basis subject to certain surcharges and special handling arrangements.

History

Authority: AS 44.42.020
Eff. 7/8/82, Register 42; am 9/17/74, Register 51; am 3/27/82, Register 81

17 AAC 70.030 Scheduling

Seasonal schedules covering all ports of operation are issued in published form and are available at all ferry terminals, ferry offices, travel agencies and other public places. Vessel schedules are subject to regular review and alteration, as required by traffic demand and other considerations. Public hearings may be held in areas directly affected by the scheduling at the discretion of the commissioner when such hearings would be in the best interest of the public and/or the ferry system.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.040 Rates, fares and charges

Passenger and vehicle rates are named between all ports served by the ferry system. Rates are also named for berth or stateroom charges on vessels where such service is provided. Rate information is published in the schedule brochures, available at ferry offices, travel agencies and other public places. Passenger fares are given on a per-person basis, pursuant to the classifications of 17 AAC 70.020(1). Vehicle rates are generally based on the overall length of vehicle or combination of vehicles, with certain surcharges for long length and extra width added to the regular rate. All rates and charges are subject to frequent review and may be revised at the discretion of the commissioner if such change is deemed to be in the best interest of the general public and the ferry system.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.050 Winter rates

Repealed 9/17/74.

17 AAC 70.060 Group rates

Repealed 3/27/82.

17 AAC 70.070 Regulatory agencies - federal

(a) The vessels, vessel personnel, and all traffic of the ferry system are subject to the jurisdiction of the United States Coast Guard.

(b) The United States Customs Service and the United States Immigration Service retain certain jurisdiction over the operations of the vessels of the ferry system that are scheduled from Canadian ports. Similar jurisdiction is exercised by Canadian Customs and Canadian Immigration Services over vessels scheduled to Canadian ports. The jurisdiction of federal agencies of both the United States and Canada applies also to passengers, vehicles and crew members of vessels scheduled in such service.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.080 Operation of vessels

Vessels will be operated on the published time schedules of the ferry system, except that the operation of the vessel shall be at the sole discretion of the master of the vessel. The master of the vessel may cancel or delay sailing, change course, land passengers at any port, or take any action he may deem necessary to ensure comfort and safety to passengers and/or other traffic aboard his vessel.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.090 Liability of carrier

(a) Except where it can be shown that the ferry system was grossly negligent in carrying out its normal duties, the ferry system will not assume any liability whatsoever respecting

(1) articles left in vehicles while waiting transit, or in transit;

(2) any theft from person or baggage of a passenger or pilferage or theft from any vehicle on vessels or terminals of the ferry system;

(3) refusal to transport any person, vehicle, corpse, animal, baggage, or other article which, in the opinion of the ferry system, might damage, contaminate, or in any way whatsoever cause discomfort to traffic being handled on any particular vessel or terminal;

(4) refusal to transport any child under 12 years of age, unless accompanied by parent or responsible escort; or refusal to transport any child from the ages of 12 years to 16 years unless written permission and release from liability is given by a parent or responsible escort of such child;

(5) quality, nature or consequence of any medical or surgical treatment which may be administered during transport;

(6) loss of time, damage or expense, or inconvenience of any type, due to any change in departure or arrival time of vessel, cancellation of any sailing, substitution of one vessel for another, failure to complete voyage, delay in loading or unloading vessel, landing of any traffic carried at any terminal other than normally used or designated, which may be necessitated by circumstances and conditions beyond the control of the ferry system;

(7) injury, loss or damage that shall result from act of God, public enemy, restraint of rules, quarantine, peril of the seas or other waters, latent defect in hull, boilers, propellers, piping, shafting, or machinery; or any propelling device, or accident of navigation, or for personal injury to passengers, or loss of or damage to passengers' baggage or other property;

(8) spoilage or loss of any article or produce held in refrigerated vehicles;

(9) notwithstanding that reservations may have been made for vehicle space or stateroom accommodation, the ferry system will not be liable for any loss resulting out of or in any way attributable to the inability of the ferry system to provide vehicle space or stateroom accommodation in accordance with the reservations, or at all.

(b) With respect to any claims not specifically foreclosed by (a) of this section or elsewhere in this chapter, the ferry system shall be subject to the common law and does not admit liability by failure to enumerate such claims in (a) of this section or elsewhere in this chapter.

(c) The liability of the ferry system shall in any event cease when passengers, vehicles and any other traffic are discharged at any port.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.100 Claim for loss, damage, injury, or death

Passengers who sustain any loss, damage, or injury during the course of transportation by the ferry system shall report the loss, damage, or injury before leaving the ferry system premises to a ship's officer or ferry system official who will acknowledge in writing receipt of the report. This report shall constitute notice only to the ferry system of loss, damage or injury. Written proof of claim, under oath if further requested, should be forwarded to the ferry system as soon as possible after the report has been made. Failure to comply with this section will foreclose any claim against the ferry system.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.110 Refusal to transport

The ferry system reserves the right to refuse transportation to

(1) passengers as follows:

(A) children under 12 years of age unless accompanied by a parent or responsible escort;

(B) minor children 12 years of age and under 16 years of age, when unaccompanied by parent or responsible escort, and not bearing written permission from a parent or responsible escort stipulating that the ferry system is released from all responsibility for the well-being of the minor concerned;

(C) any person apparently under the influence of liquor, drugs, mental disorder, physical disability, or any other comparable condition;

(D) any person who, in the opinion of the master of the vessel, might jeopardize the safety of the vessel or passengers or bring extreme discomfort to other passengers.

(2) vehicles as follows:

(A) any vehicle used in the transport of either persons or articles that are contrary to law; passengers or operators of any vehicle are strictly prohibited from taking on board any vessel any inflammable, explosive, or dangerous substance, or article prohibited by law;

(B) any vehicle when the operator of said vehicle is adjudged by officers of the vessel to be incapable of operating or maneuvering the vehicle when embarking or disembarking;

(C) any vehicle and/or load thereon which, because of size, weight, or other characteristic, cannot be loaded, unloaded, or positioned on the vessel in a normal manner.

(3) other classes of traffic including corpses, livestock, live fish, or any animal, unless in a vehicle and properly boxed, crated and secured. The ferry system reserves the right to refuse to transport items in this category, even when properly boxed, crated or secured if, in the opinion of the ferry system, the comfort and safety of passengers or other traffic may be in question.

History

Authority: AS 44.42.020
Eff. 7/8/72, Register 42; am 3/27/82, Register 81

17 AAC 70.120 Animals

As required by AS 03.53.010 (ch. 48, SLA 1974), no animals may be transported into the state aboard a ferry operated by the division of marine highways of the Department of Transportation and Public Facilities unless the animal's owner, custodian or attendant possesses a valid health certificate for the animal. Animals permitted to travel under 17 AAC 70.110 will be transported entirely at owner's risk and the ferry system will assume no liability or responsibility for the handling or transporting of same. Dogs or other household pets may be transported when in vehicles or adequate containers. Such containers must be placed in areas on the vehicle deck designated by vessel personnel. The owner is responsible for care and safety of animals on the vehicle deck and regular periods for such care will be arranged by vessel personnel. Large animals, such as horses, may be transported in adequate vehicles when prior arrangement is made with ferry system representatives. Such prior arrangement includes, but is not limited to, signed "Release of Liability" and guarantee that the transporting vehicle is leakproof, and that bedding material is of an authorized substance. The attendant must have in his possession a health certificate for each animal, and any or all documents required by Canadian authority when the voyage terminates in a Canadian port. A guarantee of adequate food and water for each animal must be provided by the attendant.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42; am 9/17/74, Register 51

17 AAC 70.130 Unaccompanied vehicles

Repealed 3/27/82.

17 AAC 70.140 Refrigerated vehicles

Some vessels of the division of marine highways are equipped to supply electrical power to a limited number of electrically powered refrigeration units used by vehicles being transported aboard the vessels. The vehicle owner shall furnish a United States Coast Guard approved power cord which is compatible with the electrical system of the particular vessel. Electrically powered refrigeration units will be permitted to operate while on board the vessel. Refrigeration units powered by internal combustion engines or by flammable gas or gases will not be permitted to function while on board the vessel. Use of the electrical outlets is at the sole risk of the user.

History

Authority: AS 44.42.020
Eff. 7/8/72, Register 42; am 7/2/75, Register 54; am 3/27/82, Register 81

17 AAC 70.150 Oversize vehicles

Mobile homes, modular housing units when mounted on running gear, and other oversize vehicular units not generally traveling on highways without special permit will be transported by the ferry system by prior arrangement on a space-available basis only. Strict adherence to the limitations of tides and specific terminals and/or vessels is required. A surcharge for transporting such vehicles is provided dependent on width and length.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.160 Cleated or tracked vehicles

Tracked or cleated equipment will not be accepted over terminals and vessels of the ferry system unless mounted on a truck or other appropriate conveyance. In the event that such loading results in a total weight in excess of limitations for any particular terminal or vessel, a sufficient amount of equipment must be removed to allow conformity with the existing weight limitation. Such equipment when removed must be transported in or on another vehicle at regular published fares for that vehicle. An exception is allowed for cleated or tracked vehicles being transported on the M/V Tustumena. Such vehicles, in conformity with existing weight restrictions, will be handled over terminals and aboard the Tustumena when operated under their own power. Owner must provide adequate planking and blocking and provide labor for placing same at both terminals and aboard the vessel to ensure that no damage to decks results from such handling or transporting. A surcharge is published for the transport of cleated or tracked vehicles under these procedures.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.170 Disabled persons or vehicles

When it becomes necessary to provide assistance to load or unload a disabled person, vehicle, or other traffic to effect proper loading or unloading of any vessel, the ferry system will assist in obtaining recognized experienced assistance, and any expenses incurred in obtaining such assistance will be borne by the person or persons responsible for the disabled person, vehicle or other traffic. In the absence of experienced assistance, the ferry system may undertake to assist in loading or unloading of a disabled person, vehicle, or other traffic, by its employees, with or without mechanical devices. Should such assistance be given, the ferry system will not be liable for loss, injury, or damage to the person, vehicle or other traffic. When a disabled person, or person in charge of a disabled vehicle, requests assistance from other passengers, or the vessel's crew, to load or unload such person or vehicle with dispatch, any such assistance rendered will be the sole responsibility of the person making said request.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.180 Corpses, patients, hearses and ambulances

Repealed 3/27/82.

17 AAC 70.190 Dangerous or objectionable articles

The ferry system reserves the right to refuse any and all articles, and vehicles containing such articles, that in the opinion of its representatives will jeopardize the safe operation of the vessel. The ferry system also reserves the right to refuse to transport vehicles containing offensive or ill-smelling cargo and liquid or semi-liquid commodities when not in properly enclosed containers or tanks which preclude the possibility of escaping odors or leakage from vehicles to the deck of the vessel. No explosives, flammables nor other items prohibited by law are permitted to be carried in vehicles aboard any vessel of the ferry system, except that bottled liquefied petroleum gas in containers that are a fixed part of a vehicle's equipment may be permitted under the following conditions:

(1) valve at reservoir must be in the fully closed "off" position;

(2) ferry system representative on a terminal or aboard a vessel will place a seal on the reservoir valve to ensure that the liquefied gas supply be unused during the duration of the voyage;

(3) no portable containers of any flammable substance will be permitted;

(4) operation of internal combustion engines of any type will not be permitted in or on vehicles aboard any vessel of the ferry system, except for the express purpose of moving on or off the vessel.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.200 Baggage

Baggage checking facilities are not provided on vessels or terminals of the ferry system. A vehicle is normally provided for transfer of passengers' baggage between terminals and vessels. The handling of baggage or personal belongings by employees of the ferry system will be as an accommodation only to the passenger. The ferry system will assume no responsibility for the transfer of baggage and will not be liable for damage to or loss of such baggage by its negligence or otherwise, and no claim will be accepted or considered for such damage or loss.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

17 AAC 70.210 Reservations

Reservations must be made in advance and space confirmed. To protect confirmed reserved space, passengers and vehicles must be checked in at various terminals before departure at the times shown in the printed information on the ferry system schedules for the pertinent sailings. Payment for reserved space or accommodations must be made at least 45 days before the sailing date. Failure to meet this requirement, and lack of substitute arrangements, may result in cancellation of the reserved space or accommodations.

History

Authority: AS 44.42.020
Eff. 7/8/72, Register 42; am 9/17/74, Register 51; am 3/27/82, Register 81

17 AAC 70.220 Refunds and cancellation penalties

(a) Subject to the restrictions and cancellation penalties set out in (b) and (c) of this section, a passage ticket for passenger or vehicle deck space or a stateroom or berth ticket will be refunded as follows:

(1) an unused ticket will be refunded at full purchase price upon request and presentation of the ticket;

(2) a ticket that is only partly used because of a change in destination, number of persons ticketed, size of vehicle or stateroom or berth accommodations, or another factor, will be refunded on a pro rate basis upon request and presentation of the ticket; and

(3) a loss ticket will, in the discretion of the Alaska Marine Highway System, be refunded at full purchase price upon application and certification of loss on a form provided by the system.

(b) The Alaska Marine Highway System will, in its discretion, restrict ticket refunds as follows:

(1) a refund will be refused after a period of one year from the date of travel on the ticket;

(2) a refund will be refused to a person who cannot provide identification proving that he or she is the legal owner of the ticket;

(3) a refund will be refused to an individual if the original purchase of the ticket was made by a state or other government Transportation Request or "TR," and such a ticket will only be refunded upon application by the appropriate government office;

(4) a refund of a ticket purchased by check will be refused until at least 30 days after the date of ticket purchase;

(5) a refund of a ticket originally sold by an agent other than an employee of the Alaska Marine Highway System will be refused and referred to the agent who sold the ticket; and

(6) a refund for a partly used berth or stateroom ticket will be refused.

(c) Unless a request for a refund is made 14 or more days before the departure of a vessel, as posted in the Alaska Marine Highway schedule, a cancellation penalty of 10 percent or $10.00, whichever is greater, will be deducted from the refund. The Alaska Marine Highway System will, in its discretion, waive this cancellation penalty for a refund requested as a result of a ferry cancellation, or a sailing that is more than 12 hours late according to the departure time posted in the Alaska Marine Highway schedule.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 7/8/72, Register 42; am 9/17/74, Register 51; am 10/20/85, Register 96; am 10/20/88, Register 108

17 AAC 70.221 Ticket refunds for specific routes

Repealed 10/20/88.

17 AAC 70.230 Regulations as terms of contract for passage

The provisions of this chapter are a part of the contract for passage on the ferry system as embodied in the ticket or similar device. No employee of the ferry system, or any independent contractor, travel agency, or other person selling passage on the ferry system, is authorized to waive any of the provisions of this chapter.

History

Authority: AS 44.17.030
Eff. 7/8/72, Register 42

Article 2 Private Sector Use of Marine Highway System Terminal Facilities

17 AAC 70.250 General prerequisites for private use

(a) It is the policy of the Alaska Marine Highway System to allow private sector vessels to use marine highway system terminal facilities if

(1) a terminal facility of similar capacity is not available in a specific locality;

(2) the vessel is compatible in size and configuration to the particular marine highway system terminal facility;

(3) the private sector vessel is a passenger vessel, cargo vessel, or passenger-related ferry vessel, with roll-on, roll-off capabilities;

(4) use of the marine highway system terminal facilities does not interfere in any way with the schedules of the marine highway system or maintenance to terminal facilities;

(5) jurisdiction over the operations of the vessel by the appropriate customs and immigration service is arranged by the vessel operator so that no disruption of ferry service or terminal operations occurs;

(6) no marine highway system terminal facility modifications are required to accommodate the particular vessel;

(7) the vessel and its owners and operators hold and save the state, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses for or on account of any and all legal actions or claims of any kind resulting from injuries or damages sustained by a person or persons, or property, arising from the vessel's use of marine highway system terminal facilities;

(8) the vessel owners and operators maintain insurance satisfactory to the state and, before using marine highway system terminal facilities, file certificates of insurance which, if required by the system director, also provide for a 30-day prior notice of cancellation, nonrenewal, or material change in the insurance.

(b) Fees for use of terminals and terminal operations are set out in the Terminal and Terminal Operation Tariff, dated November, 1992. The Terminal and Terminal Operation Tariff dated November, 1992 is available from the Alaska Marine Highway System, P.O. Box 25535, Juneau, Alaska 99802-5535; phone: (907) 465-3955; fax: (907) 465-2024.

(c) The system director for the Alaska Marine Highway System, with the approval of the commissioner, may enter into contracts for the use of marine highway system terminal facilities for periods of up to five years if the system director makes a written determination that the contract is in the state's best interest. Subject to indexing for cost of living or adjustment of contract charges and other monetary provisions, the system director may grant contract options for an additional period not to exceed five years. If charges established in the contract are different from published tariffs under (b) of this section, the charges established under the contract control.

(d) The system director for the Alaska Marine Highway System may allow the use of marine highway system terminal facilities by vessels on a single use basis, if the system director makes a written determination that the use is in the state's best interest.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.260 Terminal use

(a) No private sector vessel may use marine highway system terminal facilities without first making application on a form provided by the Alaska Marine Highway System, and receiving approval of that application. Applications for use of marine highway system terminal facilities may be obtained from the Alaska Marine Highway System, P.O. Box 25535, Juneau, Alaska 99802-5535; phone: (907) 465-3955; fax: (907) 465-2024.

(b) No private sector vessel will be allowed to use Alaska Marine Highway System terminal facilities unless the certificates of insurance required by 17 AAC 70.250(a)(8), and a payment bond required by 17 AAC 70.280(b) are submitted when requested by the system director for the Alaska Marine Highway System.

(1) comprehensive general liability with broad form endorsement and with coverage limits of $750,000 per occurrence; $750,000 per aggregate for premises operations, independent contractors, blanket contractual, personal injury, and cross-liability endorsement, with the State of Alaska included as an additional insured;

(2) protection and indemnity, including crew exposure, to include excess collision coverage, pollution liabilities, excess collision liability, excess general average and salvage charges, and excess use and labor expenses, in an amount to be determined by the Alaska Marine Highway System; and

(3) at the private sector user's expense, additional insurance in amounts determined sufficient by the Alaska Marine Highway System to cover the private sector user's liability for damage to vessels, docks, and other property during loading and unloading, and while that property is in the care, custody, and control of the private sector user.

(d) Every authorization or contract for use of Alaska Marine Highway System facilities by a private sector user is subject to all of the requirements of 17 AAC 70.250 - 17 AAC 70.330, regardless of whether those requirements are specifically stated in the contract or authorization.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.265 Denial and revocation of terminal use

(a) The system director for the Alaska Marine Highway System, may deny an application for terminal use if

(1) the applicant has billings for previous marine highway system terminal use which are more than 30 days past due;

(2) the vessel to be docked at a specific marine highway system terminal facility is of a size or configuration that exceeds the facility's design capacity;

(3) the applicant fails to provide, when required by the system director, the certificates of insurance required under 17 AAC 70.250(a)(8);

(4) the applicant fails to provide the payment bond required by 17 AAC 70.280(b); or

(5) the period for use of the marine highway system terminal facility has been previously assigned to another private sector operator or a vessel of the Alaska Marine Highway System, or if the applicant's proposed use conflicts with construction, repair, or operational activities at the terminal facility.

(b) The system director for the Alaska Marine Highway System, may revoke a terminal use authorization or contract if

(1) billings to the permittee for use of the marine highway system terminal facility are 30 days past due;

(2) the private sector user operates a vessel at the terminal facility which is different than the vessel specified in the use authorization or contract, and that vessel is of a size or configuration that exceeds the facility's design capacity;

(3) the insurance required by 17 AAC 70.250(a)(8) is cancelled;

(4) the payment bond required under 17 AAC 70.280(b) is cancelled; or

(5) a material violation of any of the terms of the terminal use authorization or contract occurs.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.270 Facilities and services provided

(a) A private sector user who has been issued an authorization or contract for terminal use may embark and disembark passengers, vehicles, or cargo while the vessel is moored at the marine highway system terminal facility.

(b) The vessel may not take on fuel nor dispose of sewage, while moored at the terminal facility. Garbage and refuse may be removed from the vessel if the private sector user obtains the services of a local contractor, authorized by the Alaska Public Utilities Commission or other appropriate regulatory agency, to remove the materials to a place of disposal. The private sector user may not leave garbage or refuse at the terminal facility for pickup by a local contractor. If the local contractor does not meet the vessel, the garbage and refuse must remain on the vessel when the vessel departs.

(c) A private sector user may use all staging areas at the particular terminal facility, unless otherwise limited by the terms of the authorization or contract. However, the staging areas must be clear of the private sector's passengers' vehicles at least two hours before the scheduled arrival, or three hours before the scheduled sailing of an Alaska Marine Highway System vessel, whichever is earlier.

(d) An authorization or contract for terminal use does not allow the use of waiting rooms, ticket counters, nor any structures located on the marine highway system terminal facility site, unless specifically stated in the authorization or contract.

(e) Use by the private sector user of the marine highway system terminal facility's transfer bridge to embark and disembark passengers and vehicles may only take place when authorized by the system director and when the transfer bridge is operated by employees or approved contractors of the Alaska Marine Highway System. Use of the transfer bridge is subject to an additional charge as set out in the Alaska Marine Highway Terminal and Terminal Operation Tariff, dated November, 1992, or by authorization or contract.

(f) The following services are not provided to a private sector user of marine highway system terminal facilities, and are the sole responsibility of the private sector user:

(1) line handling;

(2) loading and unloading the vessel; and

(3) staging passengers, vehicles, or other items to or from the vessel.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.280 Liquidated damages for delays to marine highway system schedules

(a) If a private sector user fails to remove the user's vessel from a berth or clear attendant facilities at a marine highway system terminal, causing a delay to a vessel of the Alaska Marine Highway System, or another private sector vessel scheduled to use the facility, the private vessel causing the delay and its owner and operator are liable to the state for liquidated damages of $2,500 per hour of delay. For a fractional part of any additional hour less than 30 minutes, the charge is $1,000. For a period of 30 minutes or longer, the full hourly charge applies.

(b) A delay has occurred if

(1) the berth is not cleared one hour before the scheduled arrival or three hours before the scheduled sailing of an Alaska Marine System vessel or another vessel scheduled to use the facility, whichever is earlier;

(2) the attendant facilities at the marine highway system terminal are not cleared two hours before the scheduled arrival or three hours before the scheduled sailing of an Alaska Marine Highway System vessel or another vessel scheduled to use the facility, whichever is earlier.

(c) For good cause shown in writing, the system director may waive or adjust the liquidated damages provisions in (a) of this section.

(d) Before a terminal use authorization or contract will be issued, a private sector user must submit a payment bond or other financial instrument acceptable to the system director in the amount of $25,000 to guarantee payment of liquidated damages.

(e) Vessels of the Alaska Marine Highway System have priority for the use of marine highway system terminal facilities. If a private vessel authorized to use a marine highway system terminal facility is delayed by the use of the facility by an Alaska Marine Highway System vessel, or another private vessel, no claim of any sort may be made against the Alaska Marine Highway System.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.290 Liability for damage to facilities

(a) Private sector users using marine highway system terminal facilities are strictly liable for any damages to the facilities caused by their vessel operations. Private sector users will be billed for any repairs, at cost plus the state's overhead.

(b) The Alaska Marine Highway System is not liable for any damage to a private vessel which occurs while the vessel is using Alaska Marine Highway System terminal facilities.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.295 Pass-through of direct costs

Direct costs to the state resulting from a private sector vessel's use of marine highway system terminal facilities will be passed on directly to the private sector user. These direct costs are in addition to the charges stated in the Alaska Marine Highway System Terminal and Terminal Operation Tariff and the liquidated damages stated in 17 AAC 70.280. These charges include the repair of damages caused to the ferry terminal by the vessel, its passengers, and their vehicles, or any additional amount the state is required to pay its contractors for delays in construction or repairs of the terminal facility because of the vessel's operations.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.300 Billing for use

(a) The Alaska Marine Highway System shall promptly submit billings to the private sector user after use of the marine highway system terminal facilities.

(b) Billings must include, as applicable, the charges specified in the Alaska Marine Highway System Terminal and Terminal Operation Tariff or terminal use authorization or contract for use of the terminal facilities and transfer bridges, liquidated damages for delay as set out in 17 AAC 70.280, and any direct costs passed through to the private sector user under the provisions of 17 AAC 70.295.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.310 Priority of use among private sector vessels

(a) A private sector operator may make application at any time to use ferry terminal facilities on a particular date at a particular time. However, the issuance of a terminal use authorization or contract for a particular date and time is subject to prior assignment by previous authorization or contract to another private sector operator, vessels of the Alaska Marine Highway System, and other operational or maintenance uses.

(b) All applications for terminal facility use received by the Alaska Marine Highway System will be screened to determine whether conflicts between applicants exist for particular dates, times, or other uses. Applications will be processed in the order received. If no conflicts exist and the system director makes the determination as required by 17 AAC 70.250(c) or (d), the applicants will receive the dates requested. Unsuccessful applicants will be assigned the next available dates and times with priority established according to the date the applications were received by the Alaska Marine Highway System.

(c) Use of marine highway system terminal facilities by Alaska Marine Highway System vessels is not subject to the provisions of this section.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.320 Special conditions

(a) The Alaska Marine Highway System may attach to any terminal use authorization or contract special conditions that are necessary for the maintenance, operation, or management of any marine highway system terminal facility.

(b) If emergency repairs or maintenance are necessary to a particular marine highway system terminal facility, the system director for the Alaska Marine Highway System, may, in writing, modify the terminal use authorization or contract previously issued for that terminal facility.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91; am 1/23/93, Register 125

17 AAC 70.330 Right to refuse dockage

The Alaska Marine Highway System may, without incurring responsibility for demurrage, loss, or damage, refuse any vessel the right to land at any marine highway system terminal facility if, in the view of the local terminal facility manager, the weather, wind, tide, current, seas, or other conditions make a scheduled landing unsafe for the terminal facility or the vessel.

History

Authority: AS 44.42.020; AS 44.42.030
Eff. 9/22/84, Register 91

17 AAC 70.390 Definitions

Repealed.

History

Eff. 1/23/93, Register 125; repealed 2/17/99, Register 149

Article 3 Marine Highway System Procurement Procedures

17 AAC 70.400 Marine highway system procurement activities

(a) The following statutes are adopted by reference into this section for use by the Alaska Marine Highway System for its procurement activities relating to the repair, maintenance, and reconstruction of vessels, docking facilities, and passenger and vehicle transfer facilities:

(1) AS 36.30.100 - 36.30.190 (Competitive Sealed Bidding), as amended through 7/1/92;

(2) AS 36.30.200 - 36.30.270 (Competitive Sealed Proposals), as amended through 7/1/92;

(3) AS 36.30.300 - 36.30.320 (Other Procurement Methods), as amended through 7/1/92;

(4) AS 36.30.322 - 36.30.338 (Preference for Alaska Products), as amended through 7/1/92;

(5) AS 36.30.340 - 36.30.480 (Contract Formation and Modification), as amended through 7/1/92;

(6) AS 36.30.500 - 36.30.540 (Procurement Records and Reports), as amended through 7/1/92;

(7) AS 36.30.560 - 36.30.699 (Legal and Contractual Remedies), as amended through 7/1/92;

(8) AS 36.30.700 - 36.30.790 (Intergovernmental Relations), as amended through 7/1/92;

(9) AS 36.30.860 (Supplementary General Principles of Law Applicable), as amended through 7/1/92;

(10) AS 36.30.880 (Requirement of Good Faith), as amended through 7/1/92;

(11) AS 36.30.890 (Federal Assistance), as amended through 7/1/92;

(12) AS 36.30.900 (Preference for Alaska Products), as amended through 7/1/92;

(13) AS 36.30.910 (Purchases through General Services Administration), as amended through 7/1/92;

(14) AS 36.30.920 (Reporting Anti-Competitive Practices), as amended through 7/1/92;

(15) AS 36.30.940 (Enforcement), as amended through 7/1/92;

(16) AS 36.30.950 (Severability), as amended through 7/1/92; and

(17) AS 36.30.990 (Definitions), as amended through 7/1/92.

(b) The following provisions of the Alaska Administrative Code are adopted by reference into this section for use by the Alaska Marine Highway System for its procurement activities relating to the repair, maintenance, and reconstruction of vessels, docking facilities, and passenger and vehicle transfer facilities:

(1) 2 AAC 12.070 - 2 AAC 12.110 (Specifications), as amended through 6/19/92;

(2) 2 AAC 12.120 - 2 AAC 12.210 (Competitive Sealed Bidding, Multi Step Bidding); as amended through 6/19/92;

(3) 2 AAC 12.215 - 2 AAC 12.310 (Competitive Sealed Proposals), as amended through 6/19/92;

(4) 2 AAC 12.320 - 2 AAC 12.390 (Competitive Sealed Proposals for Architect, Engineering, or Land Surveying Services), as amended through 6/19/92;

(5) 2 AAC 12.400 (Small Purchases), as amended through 6/19/92;

(6) 2 AAC 12.410 - 2 AAC 12.420 (Sole Source Procurements), as amended through 6/19/92;

(7) 2 AAC 12.430 (Limited Competition Procurements), as amended through 6/19/92;

(8) 2 AAC 12.440 - 2 AAC 12.460 (Emergency Procurements), as amended through 6/19/92;

(9) 2 AAC 12.470 - 2 AAC 12.570 (Contract Formation and Modification), as amended through 6/19/92;

(10) 2 AAC 12.615 - 2 AAC 12.690 (Legal and Contractual Remedies), as amended through 6/19/92;

(11) 2 AAC 12.700 - 2 AAC 12.710 (Intergovernmental Relations), as amended through 6/19/92;

(12) 2 AAC 12.720 - 2 AAC 12.740 and 2 AAC 12.760 through 2 AAC 12.920 (Miscellaneous Provisions), as amended through 6/19/92; and

(13) 2 AAC 12.990 (Definitions), as amended through 6/19/92.

(c) In administering Alaska Marine Highway System procurements under the statutes and regulations incorporated by reference in this section,

(1) the cited regulations augment and supplement the cited statutes;

(2) in cases of conflicts between the cited statutes and the cited regulations, the cited statutes take precedence over the cited regulations; and

(3) all references to the commissioner of administration in the cited statutes and regulations mean the commissioner of transportation and public facilities.

(d) Repealed 12/23/93.

History

Authority: AS 19.05.020; AS 36.30.015 AS 35.05.020; AS 44.42.030
Eff. 6/22/92, Register 123; am 11/15/92, Register 124; am 12/23/93, Register 128

17 AAC 70.410 Application of interport differential to bids

If the lowest cost of a bid from a shipyard facility located in the state, after consideration of the Alaska bidder preference set out in AS 36.30.170, is greater than the lowest cost of a bid from a shipyard facility located outside the state, after inclusion of the interport differential identified by the commissioner and calculated under 17 AAC 70.420, the proposed cost of the maintenance or repair work of a vessel is unreasonable within the meaning of AS 36.90.049(a). The commissioner will document a finding of unreasonability in writing, and will include the written finding and all relevant documents in the procurement file.

History

Authority: AS 36.30.015; AS 44.42.020 AS 36.90.049; AS 44.42.030
Eff. 2/17/99, Register 149

17 AAC 70.420 Interport differential criteria

The aggregate of the following cost criteria comprise the interport differential for a bid submitted by a shipyard facility:

(1) fuel to transport the vessel from its designated base port to the shipyard facility and return;

(2) maintenance costs incurred and consumables used, including lubricants and other engine and deck stores, while transporting the vessel from its designated base port to the shipyard facility and return;

(3) crew wages

(A) to prepare the vessel for entry to the shipyard facility;

(B) to deliver the vessel from its designated base port to the shipyard facility and return;

(D) upon completion of the work, to prepare the vessel for revenue status;

(4) nonwage costs to transport crew to or from the vessel while it is in the shipyard facility;

(5) crew per diem while the vessel is in the shipyard facility;

(6) travel costs and per diem for non-crew staff and consultants to administer the contract;

(7) other interport costs not described in (1) - (6) of this section that relate to the performance of the maintenance or repair work of a vessel at a shipyard facility.

History

Authority: AS 36.30.015; AS 44.42.020 AS 36.90.049; AS 44.42.030
Eff. 2/17/99, Register 149

17 AAC 70.430 Designated base port

For purposes of calculating the interport differential under AS 36.90.049 and 17 AAC 70.420,

(1) Ketchikan is the designated base port for the following vessels: Aurora, Columbia, Kennicott, Le Conte, Malaspina, Matanuska, and Taku; and

(2) Seward is the designated base port for the following vessels: Bartlett and Tustumena.

History

Authority: AS 36.30.015; AS 44.42.020 AS 36.90.049; AS 44.42.030
Eff. 2/17/99, Register 149

Article 4 General Provisions

17 AAC 70.995 Definitions

In this chapter, unless the context otherwise requires,

(1) "commissioner" means the commissioner of the department;

(2) "department" means the Department of Transportation and Public Facilities;

(3) "designated base port" means the home port for a vessel as specified in 17 AAC 70.430;

(4) "interport differential" has the meaning given the term in AS 36.90.049(e);

(5) "private sector user" means a person who has been given permission to use the Alaska Marine Highway terminal facilities by authorization or contract issued by the system director;

(6) "system director" means the general manager for the Alaska Marine Highway System;

(7) "vessel" means a marine vessel operated by the department.

History

Authority: AS 36.30.015; AS 44.42.020 AS 36.90.049; AS 44.42.030
Eff. 2/17/99, Register 149

Chapter 80 Water and Harbors

Article 1 Harbor and Harbor Facilities

17 AAC 80.010 Purposes

The purposes of this chapter are to protect and preserve the lives, health, safety and well-being of any person who uses or works upon any state harbor facility; to protect the property of such persons by regulating the use of the facilities; and to make reasonable charges for the use of state harbor facilities.

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.020 Intent

It is the intent of this chapter to

(1) encourage the use of state harbor facilities by commercial fishermen, government vessels, pleasure craft, and the general boating public;

(2) discourage and prevent the use of state harbor facilities by individuals or firms for the purpose of conducting commercial enterprises;

(3) discourage and prevent abandoned boats and derelicts which may become a charge and nuisance to the State of Alaska from occupying space or otherwise utilizing state harbor facilities.

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.030 Government of harbor facilities

The government of state harbor facilities is under the jurisdiction of the commissioner. Nothing in this chapter shall prohibit any lessee of a state harbor facility from promulgating and enforcing additional or more restrictive harbor ordinances or regulations as may be necessary to provide safe, orderly operation and management of the state harbor facilities under lease.

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.040 Powers

(a) The commissioner may at his discretion refuse berthing at any state harbor facility to boathouses, floats, scows, log rafts, barges, pile drivers and other cumbersome floating structures which might overstress or otherwise damage the facilities, or to any boat which is, or may create, a fire hazard or otherwise become a menace to the safety and welfare of other boats and their occupants.

(b) The commissioner shall assign all berthing in state harbor facilities and may at his discretion require the owner of any boat or floating structure to change from one berthing space to another.

(c) The commissioner shall have the exclusive power to post signs and notices to inform the public at large and all boat owners and operators of rules, regulations, and authorized and prohibited uses of state harbor facilities. No person shall mark any harbor facility in any manner as to endanger the operation of boats or to conflict with the intent of signs or notices posted by the commissioner.

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.050 Berthing rentals

Berthing rentals and other charges for use of state harbor facilities shall be paid in advance to the commissioner to be deposited into the state general fund. The commissioner may at his discretion exempt certain remote state harbor facilities for the required berthing rental fees. Minimum berthing rental fees at state harbor facilities shall be $.20 per month for each foot of overall vessel length (centerline measurement).

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.060 Duties of boat owners and users

Every owner, master, managing agent, or user of any boat using state harbor facilities shall take reasonable precautions to see that the boat in his charge is kept clean, well secured, free from fire hazards of all types, sufficiently pumped to maintain the boat afloat and to otherwise attend to the requirements of the boat to avoid damage to the harbor facilities.

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.070 Harbor nuisance defined - removal

For the purposes of this chapter, boats in any state harbor facility which are derelicts are: maintained in such manner as to make them liable to sinking; maintained in a manner to constitute a fire hazard to other boats or otherwise damage the harbor facilities; and sunken boats are hereby declared nuisances and are subject to removal from the state harbor facility without liability on the State of Alaska for any damage done by virtue of this removal. Boats removed under the provisions of this section shall be disposed of as provided in sec. 80 of this chapter.

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.080 Abandoned property - disposition

Any boat in a state harbor facility which is derelict, abandoned, or declared by the commissioner to be a public nuisance may be impounded, removed, sold, or otherwise disposed of as provided below:

(1) immediately upon determination that a boat is derelict or a public nuisance, the commissioner shall notify the owner, master, or managing agent of the boat, at his last known address, of the intent to impound, remove, sell or otherwise dispose of the boat;

(2) any boat impounded or removed shall be subject to and liable for storage charge of $20 per month and costs incurred by reason of the impounding or removal;

(3) any boat impounded or removed shall be held by the commissioner for a period of not less than 30 days after which time the commissioner may destroy, sell, or otherwise dispose of the boat; proceeds from sale of the boat shall be first applied to the costs of conducting the sale, impounding, removal, berthing and service fees accrued, and the balance held in trust for the owner to claim; and if not claimed within two years, the balance shall be deposited in the state general fund;

(4) failure of any boat owner, master, or managing agent to pay designated berthing fees provided by secs. 10-110 of this chapter shall be presumed to constitute abandonment.

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.090 Prohibited acts

It shall be unlawful for any owner, master, managing agent, user, or other person charged with the operation of a boat using a state harbor facility to

(1) operate or cause to be operated any boat within the limits of a state harbor facility in excess of 10 miles per hour;

(2) operate or cause to be operated any boat in a reckless or negligent manner likely to endanger the safety of persons or property within the limits of a state harbor facility;

(3) throw or otherwise cause to be deposited gasoline, oil, trash, garbage or refuse onto any part of or into the waters of a state harbor facility;

(4) create or maintain any nuisance within a state harbor facility, or to conduct or operate any commercially oriented business enterprise at the facilities unless specifically authorized in writing by the commissioner;

(5) deposit, place, or abandon cargo, merchandise, supplies, freight, or thing upon any float, ramp, approach, dock or other public place within a state harbor facility except at places designated as loading and unloading areas by the commissioner;

(6) disregard, deface, remove, tamper with or damage any sign or notice posted or installed by the commissioner relating to the use of a state harbor facility.

History

Authority: AS 35.05.140; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.100 Liability for damages

Any person, firm, or corporation who damages, or causes to be damaged, any float, grid, dock, launching ramp, approach, piling, dolphin, navigation aid, buoy, breakwater, or related appurtenances within any state harbor facility shall be held responsible and liable for the cost of repair of such damages.

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

17 AAC 80.110 Definitions

In this chapter

(1) "boats" means all vessels, ships, boats, skiffs, and watercraft of every kind and description;

(2) "commissioner" means the commissioner of the Department of Transportation and Public Facilities;

(3) "derelict" means any boat berthed or otherwise located within the boundaries of any state harbor facility which has been or gives the appearance of being forsaken, abandoned, deserted or cast away, or which in the opinion of the commissioner is unsound, unseaworthy or unfit for its trade or occupation or which by any substantial evidence of neglect may be considered abandoned;

(4) "state harbor facility" means any float, grid, dock, launching ramp, approach, piling, dolphin, buoy, breakwater, dredged basin or channel, navigation aid, and appurtenances constructed or operated by the State of Alaska, including an area extending a reasonable distance from each of these structures to permit unobstructed maneuvering and safe navigation;

(5) "berthing" means securing or otherwise attaching a boat to any harbor facility by means of line, wire, rope, or other similar device.

History

Authority: AS 35.05.020; AS 35.25.010
Eff. 1/16/71, Register 37

Chapter 81 Relocation Assistance Services

17 AAC 81.010 Relocation assistance

The provisions of 49 C.F.R. Part 24 (uniform relocation assistance and real property acquisition for federal and federally-assisted programs), as revised through October 1, 2019, are adopted by reference.

History

Authority: AS 34.60.140; AS 44.42.030
Eff. 5/4/2000, Register 154; am 11/15/2024, Register 252

17 AAC 81.020 Appeals

(a) An aggrieved party, dissatisfied by the benefits or relocation services offered by the department, may request in writing that an administrative review officer be appointed, by the regional director of the department's geographic region where the claim arose, to reconsider the benefits or relocation services offered. An administrative review officer may not have been involved in the matter for which review is sought. An aggrieved party may be represented by counsel at the aggrieved party's sole expense. A request for reconsideration must be submitted no more than 60 days after the aggrieved party receives written notification of the department's decision on the benefits or services offered. An administrative review officer shall issue a written decision within 21 days after the regional director receives a request for reconsideration of the benefits or services offered.

(b) An aggrieved party may appeal the administrative review officer's determination under (a) of this section within 30 days after receiving the determination. An appeal must be in writing and sent to the director of statewide design and engineering services. The director of statewide design and engineering services shall impanel a three-person relocation appeals board to conduct a hearing and provide the aggrieved party the opportunity to be heard. A relocation appeals board's membership consists of the director of statewide design and engineering services, or a designee, and the department's regional directors, or their designees, excluding the director of the region in which the appeal arose. The relocation appeals board shall conduct the hearing in accordance with the requirements of 17 AAC 85.040(d)-(e).

(c) The relocation appeals board shall issue its decision, in the form set out in AS 44.62.510, no more than 15 days after the close of the record of the appeal.

(d) A decision of a relocation appeals board on the merits of an appeal under this section is the final decision of the department. An aggrieved party may appeal a decision of a relocation appeals board to the superior court in accordance with the Alaska Rules of Appellate Procedure.

(e) Expenses incurred by an aggrieved party under this section are the sole expense of the aggrieved party.

(f) Initiating an appeal does not invalidate relocation assistance payments for which an aggrieved party is eligible under the department's initial determination.

(g) The department will, in its discretion, waive the time requirements under (a) and (b) of this section upon a written finding of hardship that the aggrieved party did not file because of circumstances beyond the aggrieved party's control.

History

Authority: AS 34.60.140; AS 44.42.030
Eff. 5/4/2000, Register 154

Chapter 85 Appeals

17 AAC 85.010 Purpose and application

(a) The provisions of this chapter apply to decisions of the department to deny, modify, or revoke a permit or privilege under 17 AAC 10.010 - 17 AAC 10.015 (Encroachment Permits), 17 AAC 10.020 - 17 AAC 10.095 (Driveway and Approach Road Permits), 17 AAC 08 (Highway Memorial Signs), 17 AAC 15 (Utility and Railroad Permits), 17 AAC 20.015 (Highway Event Permits), 17 AAC 20.017 (Lane Closure Permits), and 17 AAC 60 (Highway Signs for the Traveling Public). The provisions of this chapter apply to decisions of the department under 17 AAC 10 (Land Disposal), except that a decision not to dispose of land under 17 AAC 10.100 or 17 AAC 10.130(a) is not subject to appeal.

(b) The purpose of this chapter is to provide a process for an aggrieved party to appeal a particular action.

History

Authority: AS 19.05.020; AS 35.05.020; AS 44.42.030
Eff. 5/4/2000, Register 154; am 3/1/2002, Register 161; am 7/15/2009, Register 191

17 AAC 85.020 Notice of appeal

(a) Within 30 days after receiving notification of the department's decision, an aggrieved party must submit a written notice of appeal to the regional director of the regional office where the decision was made.

(b) The notice of appeal must contain

(1) the decision being appealed;

(2) the alleged violation of statute or regulation upon which the appeal is based;

(3) the factual arguments supporting the allegation of the aggrieved party;

(4) the specific relief sought.

History

Authority: AS 19.05.020; AS 35.05.020; AS 44.42.030
Eff. 5/4/2000, Register 154

17 AAC 85.030 Administrative review

(a) Within seven days after the receipt of a notice of appeal under 17 AAC 85.020, the regional director shall appoint an administrative review officer to make a recommended decision on the appeal. Within 14 days after appointment, an administrative review officer shall recommend a decision to grant or deny the relief sought to the regional director. Within seven days after receiving the administrative review officer's recommended decision, the regional director may adopt the administrative review officer's decision as written, revise the decision, or reach an independent conclusion. The decision issued under this section must be based upon the

(1) information provided in the notice of appeal; and

(2) records of the department produced contemporaneously with the matter under appeal.

(b) Any decision issued by the regional director under this section must be in writing and sent to the aggrieved party.

History

Authority: AS 19.05.020; AS 35.05.020; AS 44.42.030
Eff. 5/4/2000, Register 154; am 3/1/2002, Register 161

17 AAC 85.040 Hearing

(a) An aggrieved party may request a formal hearing on the decision issued under 17 AAC 85.030 if the decision does not grant the relief sought.

(b) A request for hearing must be in writing and must be received by the chief engineer no later than 15 days after the date an aggrieved party received the decision under 17 AAC 85.030. A request must set out

(1) the list of exhibits the aggrieved party intends to introduce at the hearing;

(2) names of persons to be called as witnesses at the hearing; and

(3) whether the aggrieved party will be represented by counsel.

(c) Except as provided in (k) of this section, within 10 days after receipt of the request for hearing made under (a)-(b) of this section, the chief engineer shall impanel an administrative review panel to hear the appeal. The administrative review panel consists of the chief engineer, or a designee, and the department's regional directors, or their designees, except the director of the region from which the appeal arose. The chief engineer may appoint a hearing officer, who is not an employee of the department, to hear the appeal and render a recommended decision to the administrative review panel.

(d) Except as provided in (k) of this section, within 10 days after the receipt of an appeal, the chief engineer shall establish a date by which the department will provide to the aggrieved party a list of exhibits that the department intends to introduce, a list of persons that the department intends to call as witnesses, and a date, time, and place for the hearing. Unless all parties to the appeal agree to an alternate date, the hearing will be held within 60 days after the request made under (a)-(b) of this section is received by the chief engineer. The administrative review panel may authorize formal or informal discovery if

(1) a party to the appeal requests discovery;

(2) discovery can be completed before the date of the hearing, unless all parties to the appeal agree to an alternate date; and

(3) the administrative review panel determines that discovery is necessary for the fair and orderly conduct of the hearing.

(e) The hearing shall be recorded and shall be conducted according to the following rules of evidence:

(1) oral evidence shall be taken only on oath or affirmation;

(2) each party or party's counsel, but not both, may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on matters relevant to the issues even though those matters were not covered in the direct examination, impeach a witness regardless of which party first called the witness to testify, and rebut the evidence against that party;

(3) the hearing need not be conducted according to technical rules relating to evidence and witnesses; however, relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action; hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action; the rules of privilege are effective to the same extent that they are recognized in a civil action; irrelevant and unduly repetitious evidence may be excluded; and

(4) the burden of proof is on the party making the appeal; the burden of persuasion is by a preponderance of the evidence.

(f) The administrative review panel shall make its decision in the form set out in AS 44.62.510 within 21 days after the close of the record of the hearing.

(g) The chief engineer shall notify an aggrieved party, within 10 days that the administrative review panel has rendered its decision, by certified mail, return receipt requested, including findings of fact and reasons for the ruling.

(h) If the chief engineer appoints a hearing officer under (c) of this section to hear an appeal, the hearing officer may only be challenged for cause by an aggrieved party. The hearing officer shall set the date, place and time of hearing, and, subject to the provisions of(d)-(e) of this section, the rules necessary for conducting the hearing, including pre-hearing discovery. A hearing must occur not more than 60 days after the date that the request is made under (a)-(b) of this section is received by the chief engineer. A hearing officer shall issue a recommended decision to the administrative review panel not more than 15 days after the hearing officer receives the transcript of the hearing or after the close of the record of the hearing, whichever occurs later.

(i) Upon receipt of a recommended decision from a hearing officer, the administrative review panel may adopt the decision of the hearing officer, modify the decision, reject the decision and render its own decision, or remand the decision back to the hearing officer with instructions for further consideration of the decision or further proceedings.

(j) Expenses incurred by an aggrieved party with respect to a hearing are the sole responsibility of the aggrieved party.

(k) The chief engineer may decide, without a hearing under this section, an appeal submitted under (a) of this section if, after reviewing the notice of appeal submitted under 17 AAC 85.020, the record developed under 17 AAC 85.030, the decision issued under 17 AAC 85.030, and the request for hearing submitted under (a) of this section, the chief engineer determines that the appeal may be decided as a matter of law, or the facts of the appeal are not in dispute. The chief engineer may request additional briefing as the chief engineer determines necessary to decide the appeal.

History

Authority: AS 19.05.020; AS 35.05.020; AS 44.42.030
Eff. 5/4/2000, Register 154; am 3/1/2002, Register 161

17 AAC 85.050 Judicial review

A decision of the chief engineer or of an administrative review panel on the merits of an appeal under this chapter is the final decision of the department. An aggrieved party may appeal a decision of the chief engineer or of an administrative review panel to the superior court in accordance with the Alaska Rules of Appellate Procedure.

History

Authority: AS 19.05.020; AS 35.05.020; AS 44.42.030
Eff. 5/4/2000, Register 154; am 3/1/2002, Register 161

17 AAC 85.990 Definitions

Unless the context requires otherwise, in this chapter

(1) "aggrieved party" means a person who

(A) has been denied a permit or privilege, objects to a condition attached to a permit or privilege, or objects to the revocation of a permit or privilege issued under 17 AAC 10.010 - 17 AAC 10.016 (Encroachment Permits), 17 AAC 10.020 - 17 AAC 10.090 (Driveway and Approach Road Permits), 17 AAC 08 (Highway Memorial Signs), 17 AAC 20.015 (Highway Event Permits), 17 AAC 20.017 (Lane Closure Permits), and 17 AAC 60 (Highway Signs for the Traveling Public); or

(B) objects to a condition attached to a land conveyance under 17 AAC 10.105 or 17 AAC 10.110;

(2) "chief engineer" means the person appointed by the commissioner to serve in that capacity for the department.

History

Authority: AS 19.05.020; AS 35.05.020; AS 44.42.030
Eff. 3/1/2002, Register 161

Chapter 90 Division of Measurement Standards

Article 1 Testing Equipment

17 AAC 90.045 Testing equipment

If the director believes that standards or testing equipment are inaccurate, the director shall require the testing and certification of those standards and testing equipment.

History

Authority: AS 45.75.040; AS 45.75.070; AS 45.75.090 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.047 Annual verification

(a) The director may waive annual verification of field standards if the director determines that the accuracy of the field standards is within acceptable tolerances as set out in one of the eight editions in the National Institute of Standards and Technology (NIST) Handbook 105 Series, which are adopted by reference. The eight editions adopted by reference in this subsection are as follows:

(1) Handbook 105-1: Specifications and Tolerances for Field Standard Weights (NIST Class F) (1990 Edition);

(2) Handbook 105-2: Specifications and Tolerances for Field Standard Measuring Flasks (1996 Edition);

(3) Handbook 105-3: Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards (February 2010 Edition);

(4) Handbook 105-4: Specifications and Tolerances for Liquefied Petroleum Gas and Anhydrous Ammonia Liquid Volumetric Provers (2016 Edition);

(5) Handbook 105-5: Specifications and Tolerances for Field Standard Stopwatches (1997 Edition);

(6) Handbook 105-6: Specifications and Tolerances for Thermometers (1997 Edition);

(7) Handbook 105-7: Specifications and Tolerances for Dynamic Small Volume Provers (1997 Edition);

(8) Handbook 105-8: Specifications and Tolerances for Field Standard Weight Carts (2003 Edition).

(b) If the director waives the annual verification date under this section, the director will set a new date for verification and indicate that date in the division records.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161; am 4/9/2009, Register 190; am 9/20/2015, Register 215; am 5/5/2018, Register 226

17 AAC 90.049 Applicability and modification of National Institute of Standards and Technology Handbook 44

(a) The National Institute of Standards and Technology (NIST) publication entitled Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices applies to all devices, except as otherwise provided in this chapter.

(b) Section 2.20 (scales) of the National Institute of Standards and Technology (NIST) publication entitled Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices is adopted by reference under AS 45.75.050(d) and this section, except as amended in (c), (d), and (e) of this section.

(c) Note 3 is amended to read: N.3 Recommended Minimum Test Weights and Test Loads*. The recommended minimum test weights and test loads for in-service tests (except railway track scales) are shown in Table 4. [See Table 4 for *.]

(d) The heading of Table 4 is amended to read:

Table 4.

Recommended Minimum Test Weights and Test Loads.

(e) Paragraph UR 3.7(a) is modified by changing "landfills and transfer stations" to read "collection or transfer sites."

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161; am 12/31/2006, Register 180

Article 2 Disposition of Incorrect Apparatus

17 AAC 90.090 Repair notice

The director may place tags indicating "Repair Notice" on any commercial weighing or measuring device that is inaccurate or in need of repairs. The owner or operator of a device that a tag indicating "Repair Notice" has been placed shall immediately repair the device as specified on the repair notice, unless the director issues written permission for the repair to be deferred. The division shall reject a device that remains in service without the director's consent for deferred repair.

History

Authority: AS 45.75.040; AS 45.75.070; AS 45.75.110 AS 45.75.050; AS 45.75.080; AS 45.75.120
Eff. 1/18/2002, Register 161

17 AAC 90.100 Not-sealed tags

(a) The director may exempt a device in a commercial establishment from the sealing requirements of AS 45.75.120, if the device owner declares in writing that the device will not be used for commercial purposes, and the director determines that the device.

(1) is not being used for commercial purposes through abandonment, location, or condition; or

(2) cannot be used commercially because of construction or design

(b) The owner or operator of a device that is exempt from sealing requirements under (a) of this section shall apply and maintain a tag supplied by the division on the device, prominently displaying the words: "Not sealed, unlawful to remove, not legal for use in trade".

(c) Until it has been tested and sealed by an inspector of the division, a device bearing a tag specified in (b) of this section is not sealed and is not certified as correct and its use is prohibited for

(1) the purpose of buying or selling;

(2) the purpose of weighing or measuring for hire or reward; or

(3) any other purpose for which the use of a sealed device is required.

History

Authority: AS 45.75.040; AS 45.75.070; AS 45.75.120 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161; am 9/20/2015, Register 215

Article 3 Electric Meters

17 AAC 90.410 Applicability

The provisions of 17 AAC 90.410 - 17 AAC 90.600 interpret and implement the requirements for commercial weighing and measuring devices set out in AS 45.75.050(d), and apply to all electric meters, and any accessory or attachment, for the measurement of electrical energy.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.420 Specifications and requirements for electric meters

Unless otherwise specified in this chapter, the following publications are adopted by reference and set out the standards, specifications, and test procedures for electric meters, accessories, and associated devices used to measure electrical energy:

(1) American National Standard for Mechanical Demand Registers (ANSI C12.4-1984);

(2) American National Standard for Electromechanical Watthour Meters (ANSI C12.10-1987);

(3) Instrument Transformers for Revenue Metering 110 kV BIL and Less (NEMA Pub El 21.1-1983);

(4) Instrument Transformers for Revenue Metering 125 kV BIL through 350 kV BIL (NEMA Pub El 21.2-1983);

(5) American National Standard for Thermal Demand Meters (ANSI C12.5-1978);

(6) Handbook for Electricity Metering, Eighth Edition, published 1981 by the Edison Electric Institute.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.430 Construction and design

(a) A meter must consist of materials, design, and construction to assure its accuracy under normal service conditions.

(b) The cover of a meter must be strong enough to withstand ordinary usage. It must be dustproof and designed so that access to the interior requires the destruction of a seal.

(c) The ratio of the rated load torque to the friction at the speed corresponding to the rated load must be high, to minimize the possibility of a change in the accuracy of the meter due to friction.

(d) A meter must be designed so that the cover and terminal chamber can be securely sealed. Sealing arrangements must be designed so that authorized personnel may have convenient access to the meter for tests, adjustments, and maintenance. A security seal must be affixed to a meter in commercial use.

(e) The terminals of a meter must be arranged to minimize the possibility of short circuits in removing or replacing the cover, making connections, and adjusting the meter.

(f) A meter must easily allow the determination of the number of kilowatt hours registered by the meter. If the reading of a meter requires the use of a constant to calculate the kilowatt hours consumed, the proper constant to be applied must be prominently marked on the face of the meter.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.440 Type designation and identification

A meter must have the following information clearly and permanently marked on the nameplate, register, or other integral part of the meter so it is clearly visible from the front of the meter while installed in service:

(1) manufacturer's name, type designation, and serial number of the meter;

(2) the frequency rating of the meter;

(3) the number of meter elements, if polyphase;

(4) rated current or test amperes;

(5) voltage rating;

(6) ratio or rating of auxiliary devices, such as instrument transformers, demand registers, or shunts; and

(7) the watthour constant or disk constant (Kh).

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.450 Rated current

The rated current must be marked on the nameplate by the manufacturer. The rated current must also be the full load calibration current of the meter when the test amperage is not given.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.470 Watthour meter test

(a) The watthour meter test must consist of a light load test, a full load test, and 50 percent power factor as follows:

(1) the light load test is 10 percent of the meter current rating or test amperage, 100 percent power factor;

(2) the full load test is 100 percent of the meter current rating or test amperage, 100 percent power factor;

(3) the 50 percent factor is at 100 percent of the current rating or test amperes of the meter, 50 percent power factor with lagging current.

(b) The meter disk must complete at least

(1) one revolution during the light load test; and

(2) 10 revolutions during the full load test.

(d) Maximum tolerances for watthour meter are as follows:

Test Load Power

Factor Acceptance

Tolerance Maintenance

Tolerance Full Load1.01- 1 percent1- 2 percentLight Load1.01- 1 percent1- 2 percentFull Load0.51- 2 percent1- 2 percent

(e) The director will accept a manufacturer's certificate of accuracy for new single phase, single stator meters when the following conditions are met:

(1) the manufacturer must show primary tractability of its standards and acceptability of its test equipment and procedures to the NIST;

(2) the manufacturer must provide a meter test card or a valid certificate for each meter that it certifies to the utility;

(3) the meter test card must display the meter serial number and the results of the full load, light load, and 50 percent power factor test and must be available for inspection by the division; the procedures and accuracy requirements must be those described in this section.

(f) The division may test selected meters that are received by the utilities from the manufacturers to determine whether the meters meet the requirements of this section. Acceptance or rejection of a meter lot based on the sample test procedures will be determined by the division.

(g) The procedure in (e) of this section does not relieve the utility company of its responsibility for testing and assurance of accuracy as stated in 17 AAC 90.500, but will be accepted as a substitute by the division, if the utility desires to use the manufacturer's services and the manufacturer can meet the division's conditions.

(h) The division will provide testing assistance to utilities that do not have test equipment to ensure the accuracy of meters.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.480 Tolerances

(a) The tolerances prescribed in this chapter for electric meters and the meter's accessories apply equally to errors of under-registration and to errors of over-registration.

(b) The acceptance and maintenance tolerance for demand meters, meter accessories, instrument transformers, and all other devices used to measure electrical energy sold to consumers is plus or minus two percent. When devices are used in combination, the total combined error may not exceed plus or minus two percent.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.490 Instrument transformers

All current and potential transformers must be tested before installation. A valid certificate of test furnished by the manufacturer will be accepted by the division. The owner or operator of an instrument transformer shall retain the manufacturer's certificate for the life of the transformer and must make the certificate available for inspection by the division upon request.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.500 Frequency of testing

(a) An electric meter or accessory, other than an instrument transformer, must be tested by the owner or operator before installation and must be retested upon the request of

(1) a consumer receiving service through the meter, as provided in AS 42.05.351; or

(2) the division.

(b) In addition to the retest requirements in (a) of this section, the owner or operator of an electric meter must retest the meter if the

(1) meter is removed from service for any reason; or

(2) division requires retesting because selective testing indicates that a particular type or age group of meters may be inaccurate.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.510 Meter test records

A person engaged in the sale or resale of electrical energy, shall keep a record of each meter or device used to measure electrical energy, indicating the make, model, and identification number, together with the date and results of all inspections, tests, and repairs. The record must be maintained for the life of the meter or device and available for inspection by the division.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.520 Removal of meters for inspection

The owner or operator of an electric meter or meter accessories shall remove the meter and its accessories for inspection by the division.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.530 Meter inspection at a central location

The owner or operator of a meter shall provide transportation for the meter to and from a central test location for inspection by the division.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.540 Meter size

(a) A system supplying electricity that is offered for sale through a watthour meter must be adequately sized to provide the required voltage and amperage under all load conditions.

(b) The meter must

(1) be capable of accurately measuring the rated current capacity or load of the electrical service to be measured;

(2) have a current capacity of not less than 100 percent of the rated current capacity of the electrical service to be measured;

(3) be suitable in all other respects for the electrical system to be measured.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.550 Performance requirements

A meter that has an incorrect register constant, test constant, gear ratio, or dial train, is mechanically or electrically defective, or registers on "no load" may not be placed in service or allowed to remain in service without correction.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.560 Location of a meter

A meter must be positioned to allow the register to be easily and accurately read, and readily accessible for testing.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.570 Use of adjustments

The adjustable elements of a meter may be adjusted only to correct those conditions that the elements are designed to control, and may not be adjusted to compensate for defective or abnormal installation or accessories or for badly worn or otherwise defective parts of the assembly. Faulty installation conditions must be corrected and any defective part must be replaced or suitably repaired before adjustments are undertaken. If a meter is adjusted, the adjustments must be made to minimize performance errors.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.580 Assistance in testing operations

If the design, construction, or location of a meter requires a testing procedure involving special equipment or accessories, or an abnormal amount of labor, the owner or operator of the meter shall supply equipment, accessories, and labor required by the division.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.590 Disposition of correct and incorrect meters

The state metrologist will seal or mark with appropriate devices, a meter or accessory that the metrologist finds after inspection and testing to be correct as provided in this chapter. The state metrologist will mark or tag a meter or accessory "rejected" that the metrologist finds to be incorrect or does not meet the requirements of this chapter. The meter or accessory marked as "rejected" under this section may not be used, except as authorized by the division under 17 AAC 90.600.

History

Authority: AS 45.75.040; AS 45.75.080; AS 45.75.180 AS 45.75.050; AS 45.75.110 AS 45.75.070; AS 45.75.120
Eff. 1/18/2002, Register 161

17 AAC 90.600 Duty of owners of incorrect meters

A meter or accessory rejected by the division under 17 AAC 90.590 remains subject to the control of the division until suitable repair or disposition of the meter is made as required by this section. The owner of a rejected meter or accessory must correct it within 30 days or a longer period authorized by the division, or may dispose of it in the manner authorized by the division. A rejected meter or accessory may not be used commercially until officially re-examined by the division and found to be correct or until specific written permission for its use is issued by the division.

History

Authority: AS 45.75.040; AS 45.75.080; AS 45.75.180 AS 45.75.050; AS 45.75.110 AS 45.75.070; AS 45.75.120
Eff. 1/18/2002, Register 161

Authority: AS 45.75.040; AS 45.75.190; AS 45.75.282 AS 45.75.050; AS 45.75.200; AS 45.75.290 AS 45.75.070; AS 45.75.220; AS 45.75.300 AS 45.75.080; AS 45.75.225 AS 45.75.100; AS 45.75.240
Eff. 4/9/2009, Register 190; am 9/20/2015, Register 215; am 5/5/2018, Register 226

Eff. 1/18/2002, Register 161; repealed 9/20/2015, Register 215

Article 6 National Type Evaluation Program (NTEP)

17 AAC 90.740 Certificate of conformance

(a) The director shall accept a certificate of conformance issued by the NIST or the National Conference of Weights and Measures under the National Type Evaluation Program described in the NIST Handbook 130, 2018 Edition, dated November 2017, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, adopted by reference, as proof of compliance with the specifications and tolerances for weighing and measuring devices as prescribed in the NIST Handbook 44, adopted by reference in AS 45.75.050(d) and 17 AAC 90.049.

(b) The director will require a certificate of conformance as described in (a) of this section before a commercial or law enforcement weighing or measuring device can be introduced into use in the state.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161; am 12/31/2006, Register 180; am 9/20/2015, Register 215; am 5/5/2018, Register 226

17 AAC 90.750 National type evaluation program and type standards

The director will use the standards and techniques described in the following documents adopted by reference to evaluate whether a weighing or measuring apparatus is correct within the meaning of AS 45.75.050(e):

(1) NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices;

(2) NIST Handbook 105-1 (Revised 1990), Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, 1. Specifications and Tolerances for Field Standard Weights (NIST Class F);

(3) NIST Handbook 105-2, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, 2. Specifications and Tolerances for Field Standard Measuring Flasks, 1996 edition;

(4) NIST Handbook 105-3, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, 3. Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards, February 2010 edition.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161; am 9/20/2015, Register 215

17 AAC 90.760 Exemptions from type approval requirement

(a) The following weighing and measuring devices are exempt from the requirements in 17 AAC 90.740:

(1) a noncommercial device;

(2) a device that the director approved for commercial use before 1/18/2002, if that approval has not been revoked before 1/18/2002;

(3) a law enforcement device in use before 1/18/2002;

(4) a device that is accurate and correct and meets the requirements of the documents described in 17 AAC 90.750 and is

(A) a unique, non-production device constructed for a particular installation, if the director determines through testing and evaluation that the device is accurate for its intended commercial application;

(B) a custom-built, but non-unique, device manufactured or assembled only with NTEP-approved electrical and mechanical components including the indicator and load cell, if the director determines through testing and evaluation that the device is accurate for its intended commercial application;

(D) a device that the director determines through testing and evaluation is accurate for its intended commercial application and will be replaced by an approved device by a date specified by the director, not to exceed one year from the date of determination.

(b) In determining whether to grant an exemption under (a) of this section, the director will apply the test, methods, and requirements under 17 AAC 90.750 that director determines are necessary to determine whether an exemption should be provided.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.770 Owner or operator to provide NTEP certificate of conformance

An owner or operator shall present a device's NTEP certificate of conformance upon request by the director.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.780 Nonconforming devices prohibited

The use of a commercial device that does not comply with the requirements of the chapter is prohibited.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

Article 7 Appeals

17 AAC 90.800 Purpose and applicability

(a) The purpose of 17 AAC 90.810 - 17 AAC 90.840 is to provide a process for an aggrieved party to appeal a particular action.

(b) Repealed 9/20/2015.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161; am 9/20/2015, Register 215

17 AAC 90.810 Notice of appeal

(a) Within 30 days after receiving notification of the division's decision, an aggrieved party may submit a written notice of appeal to the director.

(b) The notice of appeal must contain the

(1) decision being appealed;

(2) alleged violation of statute or regulation upon which the appeal is based;

(3) factual arguments supporting the allegation of the aggrieved party; and

(4) specific relief sought.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.820 Administrative review

Within 10 working days after the receipt of a notice of appeal under 17 AAC 90.810, the director will make a decision on the appeal to grant or deny the relief sought, and provide the aggrieved party with a copy of that decision. The decision of the director will be based on the

(1) information provided in the notice of appeal; and

(2) records of the department.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.830 Hearing

(a) If the director does not grant the relief sought under 17 AAC 90.820, an aggrieved party may request a formal hearing on the decision of the director under this section.

(b) A request for hearing under this section must be in writing and must be received by the commissioner no later than 15 days after the date an aggrieved party received the decision under 17 AAC 90.820. A request must set out

(1) the list of exhibits the aggrieved party intends to introduce at the hearing;

(2) the names of persons to be called as witnesses at the hearing; and

(3) whether the aggrieved party will be represented by counsel.

(c) Except as provided in (i) of this section, within 10 days after receipt of the request for hearing made under (a) and (b) of this section, the commissioner will appoint a hearing officer to render a recommended decision to the commissioner.

(d) Within 15 days after the receipt of an appeal, the hearing officer will establish a date by which the department will provide to the aggrieved party a list of exhibits that the department intends to introduce, a list of persons that the department intends to call as witnesses, and a date, time, and place for the hearing. Unless all parties to the appeal agree to an alternate date, the hearing will be held within 60 days after the request made under (a) and (b) of this section is received by the hearing officer. The hearing officer may authorize formal or informal discovery if

(1) a party to the appeal requests discovery;

(2) discovery can be completed before the date of the hearing, unless all parties to the appeal agree to an alternate date; and

(3) the hearing officer determines that discovery is necessary for the fair and orderly conduct of the hearing.

(e) The hearing shall be recorded and shall be conducted according to the following rules of evidence:

(1) oral evidence shall be taken only on oath or affirmation;

(3) the hearing need not be conducted according to technical rules relating to evidence and witnesses; however, relevant evidence may be admitted if it is the sort of evidence that responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action; hearsay evidence may be used to supplement or explain direct evidence, but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action; the rules of privilege are effective to the same extent that they are recognized in a civil action; irrelevant and unduly repetitious evidence may be excluded; and

(4) the burden of proof is on the party making the appeal; the burden of persuasion is by a preponderance of the evidence.

(f) The hearing officer shall make a recommended decision to the commissioner in the form set out in AS 44.62.510 within 21 days after the close of the record of the hearing. The commissioner may adopt, modify, reject, or request clarification of a recommended decision or remand the matter to the hearing officer with instructions.

(g) The commissioner will notify an aggrieved party, within 10 days that the commissioner has rendered a final decision on the merits of an appeal, by certified mail, return receipt requested, including findings of fact and reasons for the ruling.

(h) Expenses incurred by an aggrieved party with respect to a hearing are the sole responsibility of the aggrieved party.

(i) Within 10 days after an appeal under (a) or (b), the commissioner may adopt the decision of the director as the department's final decision without a hearing.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.840 Judicial review

A decision of the commissioner on the merits of an appeal under this chapter is the final decision of the department. An aggrieved party may appeal a decision of the commissioner to the superior court in accordance with the Alaska Rules of Appellate Procedure.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

Article 8 Metrology Laboratory Fee for Service

17 AAC 90.910 Metrology laboratory fees

(a) The owner of an artifact or device who submits it to the state metrology laboratory for testing, calibration, or certification shall pay the department a fee for the following testing and certification services:

(1) for mass measurement services:

(A) for class F weight sets: $300 per set;

(B) for 25-pound class F weights: $50 per weight;

(D) for 500-pound class F weights: $75 per weight;

(E) for 1,000-pound class F weights: $75 per weight;

(F) for adjustment of mass measurement artifacts or devices, if out of tolerance: $85 per hour;

(2) for volumetric measurement services:

(A) for five-gallon test measures: $75 per test measure;

(B) for provers over five gallons and up to and including 100 gallons: $200 per prover;

(D) for provers over 500 gallons up to and including 1,500 gallons: $1,200 per prover;

(E) for liquid propane gas (LPG) provers up to and including 100 gallons, $400 per prover;

(3) for electric meters:

(A) for residential electric meters: $150 per device;

(B) for industrial electric meters: $150 per device;

(4) for speed detection devices:

(A) for single tuning forks: $30 per fork;

(B) for a lidar device: $150 per device;

(5) for miscellaneous artifacts, devices, or services:

(A) for wheel load weighers: $85 per unit;

(B) for adjustments: $85 per hour;

(6) for services of the state metrology lab, other than those specified in (1) - (5) of this subsection: $85 per hour.

(b) In addition to the applicable fees specified in (a) of this section, the owner of the device or artifact shall pay all mailing and shipping expenses.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 7/9/2000, Register 155; am 1/18/2002, Register 161; am 4/9/2016, Register 218; am 5/5/2018, Register 226

Article 9 Weighing and Measuring Device Registration and Fees

17 AAC 90.920 Device registration fees

A person who submits a weighing and measuring device for registration under AS 45.75 and this chapter shall pay the department an annual fee as follows:

(1) for a liquid measuring device

(A) other than a device listed in (B) - (E) of this paragraph, and with a maximum flow rate, as specified by the manufacturer, of

(i) no more than 20 gpm: $25;

(ii) greater than 20 gpm and no more than 100 gpm: $45; and

(iii) greater than 100 gpm: $85;

(B) with a retail remote control, indicating, or recording unit: $70;

(i) no more than 20 gpm: $25;

(ii) greater than 20 gpm and no more than 100 gpm: $45; or

(iii) greater than 100 gpm: $85;

(D) with a bulk plant remote indicating or recording unit: $70; or

(E) for liquid propane gas (LPG), and with a maximum flow rate, as specified by the manufacturer, of

(i) no more than 25 gpm: $75;

(ii) greater than 25 gpm: $150;

(2) for a weighing device

(A) other than a device listed in (B) - (D) of this paragraph, and with a nominal capacity of

(i) up to 50 pounds: $15;

(ii) more than 50 pounds and no more than 1,000 pounds: $25;

(iii) more than 1,000 pounds and no more than 5,000 pounds: $35; or

(iv) more than 5,000 pounds: $140;

(B) that is a vehicle scale: $210;

(D) that is a belt conveyor: $175;

(E) that is for marijuana: $35; or

(F) that is for gold: $35;

(3) for a check-out register

(A) before July 1, 2018: $70.00;

(B) on or after July 1, 2018, for

(i) no more than two check-out registers: $35;

(ii) more than two but no more than 10 check-out registers: $70;

(iii) more than 10 check-out registers: $150;

(4) past due fee for each device: $30.

History

Authority: AS 45.75.040; AS 45.75.050
Eff. 7/9/2000, Register 155; am 1/18/2002, Register 161; am 4/9/2016, Register 218; am 5/5/2018, Register 226

17 AAC 90.925 Registration required

A person who uses, or has in possession for the purpose of using, for a commercial purpose specified in AS 45.75.080, a new or used weighing or measuring device not previously used in commerce, must register the device with the division and pay the applicable registration fee described in 17 AAC 90.920, before the device is used in commerce. Evidence of compliance with 17 AAC 90.740, in the form of a certificate of conformance number, must be shown on the application for registration for each individual device.

History

Authority: AS 45.75.040; AS 45.75.070; AS 45.75.380 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.930 Forms, certificates, and application

A person required to register a weighing or measuring device under 17 AAC 90.925 must apply on an application form prescribed and furnished by the division. Upon completion of registration and receipt of the registration fee, the division will provide a certificate or other evidence of device registration compliance to the registrant.

History

Authority: AS 45.75.040; AS 45.75.070 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

17 AAC 90.935 Term of registration

(a) A weighing and measuring device registration expires on June 30 of each year. An application for renewal of registration and the registration fee established in 17 AAC 90.920 must be received by the division by July 1 of each calendar year or the next working day if July 1 does not fall on a working day.

(b) A registration renewal application and fee received by the division after July 15 is considered past due. For an initial registration, the application and fee are considered past due if it is not received by the division on or before the date the device is first placed in service. An application for initial registration or renewal of registration that is past due under this subsection must include the past due fee, for each device, and the registration fee established in 17 AAC 90.920.

History

Authority: AS 45.75.040; AS 45.75.070; AS 45.75.380 AS 45.75.050; AS 45.75.080
Eff. 1/18/2002, Register 161

Article 10 Definitions

17 AAC 90.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "ANSI" means American National Standards Institute;

(2) "artifact" means any measurement standard (mass or volume) submitted to the metrology laboratory for calibration or other measurement services;

(3) "commercial and law enforcement weighing and measuring device" has the same meaning given the term "commercial and law-enforcement equipment" in NIST Handbook 44, Section 1.10, General Code, Paragraph G-A.1;

(4) "commissioner" means the commissioner of the Department of Transportation and Public Facilities;

(5) "creep" means that, with the load wires removed and with potential only applied to the meter, the moving element rotates at a speed in excess of one revolution in five;

(6) "current capacity" means the maximum current that a meter can carry continuously without damage and without exceeding the allowable limits of accuracy;

(7) "day" means calendar day;

(8) "department" means the Department of Transportation and Public Facilities;

(9) "device" means a weighing and measuring device as described in Item G-A.1 of Section 1.10, General Code, NIST Handbook 44, adopted by reference in AS 45.75.050(d);

(10) "director" means the director of the division of measurement standards and commercial vehicle enforcement;

(11) "division" means the division of measurement standards and commercial vehicle enforcement;

(12) "electric meter" means a device that measures and registers the integral of an electrical quantity with respect to time;

(13) "gpm" means gallons per minute;

(14) "NIST" means the National Institute of Standards and Technology;

(15) "NTEP" means National Type Evaluation Program;

(16) repealed 9/20/2015;

(17) "power factor" means the ratio of watts over volt-amperes, power factor = ((watts)

History

Authority: AS 45.75.040; AS 45.75.070; AS 45.75.380 AS 45.75.050; AS 45.75.080
Eff. 7/9/2000, Register 155; am 1/18/2002, Register 161; am 9/20/2015, Register 215; am 5/5/2018, Register 226

Chapter 95 Knik Arm Bridge and Toll Authority

17 AAC 95.010 Procurement

(a) The provisions of this chapter establish policies, authority, and guidelines relating to the procurement, management, and control of supplies, equipment, services, construction, office or other space leases, personal property, and professional services by the authority, and are intended to achieve maximum uniformity of procurement practices throughout the authority.

(b) In procuring the items described in (a) of this section, the authority will not discriminate on the basis of race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation.

(c) The authority may use the state contractors mailing lists maintained under 2 AAC 12.060. The authority will refer individuals or firms desiring to be placed on a state contractors list to the appropriate agency for application procedures.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.020 Competitive sealed bidding

(a) Except as otherwise provided in this chapter, the authority will award contracts for the procurement of goods, services, equipment, and supplies by competitive sealed bidding.

(b) The authority will include in an invitation for competitive sealed bids the following:

(1) instructions and information to bidders concerning the bid submission requirements, time and date set for receipt of bids, address of the office to which bids are to be delivered, maximum time for bid acceptance by the authority, and any other special information;

(2) a purchase or project description, evaluation factors, delivery or performance schedule, and the acceptance or inspection requirements that are not included in the purchase or project description;

(3) a description of all applicable contract terms, including warranty, insurance, and bonding requirements;

(4) a requirement for certification by the bidder that it complies with the applicable portion of 42 U.S.C. 2000a - 2000e-4, AS 18.80, and regulations adopted under those laws by the federal or state government, as applicable;

(5) a requirement for certification by the bidder that, by submitting a bid, the bidder certifies that the price submitted was independently arrived at without collusion; and

(6) provisions to eliminate discrimination in authority contracting based on race, religion, color, national origin, age, sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, or political affiliation.

(1) incorporate other documents by reference;

(2) require receipt of all amendments issued by the authority to be acknowledged by bidders; and

(3) require submission of bid samples, descriptive literature, technical data, or other material.

(d) The authority will post the notice of an invitation to bid on the Alaska Online Public Notice System in accordance with AS 44.62.175 and publish it by at least one of the following methods:

(1) mailings to those on the contractor's list maintained under 2 AAC 12.060;

(2) publication in a newspaper of general circulation;

(3) publication in a newspaper of local circulation in the area pertinent to the procurement; or

(4) publication through other appropriate media.

(e) Nothing in this section limits additional forms of public notice that might be used by the authority.

(f) A bidder shall submit its bid in a sealed envelope that indicates the invitation to bid number on the outside of the envelope. Upon receipt, the authority will store all bids in a secure place until the time and date set for bid opening.

(g) A bidder may correct or withdraw its bid by written request received in the office designated in the invitation for bids before the time and date set for bid opening. A request under this subsection must be delivered in a sealed envelope with the invitation to bid number printed on the outside of the envelope and must be accompanied by written authorization by the bidder for the correction or withdrawal. The authority will include all documents relating to the correction or withdrawal of a bid in the appropriate procurement file.

(h) The authority will not accept bids after the time and date set for receipt of bids, and will not accept bid corrections or withdrawals after the time and date set for bid opening, unless the appropriate authority officer determines that the delay was attributable to an error by the authority.

(i) The authority will open bids and bid corrections at the time, date, and place designated in the invitation to bid. The authority will tabulate the name of each bidder, the bid price, and other pertinent information.

(j) After the bid opening, the authority will permit a bidder to correct or withdraw its bid by reason of a non-judgmental mistake only to the extent the correction or withdrawal is not contrary to the best interest of the authority. If a bid mistake is attributable to an error in judgment, the bidder may not correct the bid.

(k) A bidder may not correct an inadvertent error, other than a minor informality, discovered in a bid after opening but before award. If a bidder submits proof to the authority clearly demonstrating that an inadvertent error other than a minor informality was made, the authority may permit the bidder to withdraw the bid.

(l) Unless otherwise prohibited by federal regulation, contractual or grant agreements, or other governing authority, the authority will not base the award of a bid on discrimination due to race, religion, color, national origin, sex, age, marital status, parenthood, pregnancy, disability, or political affiliation of the bidder.

(m) If the authority receives only one responsive and responsible bid in response to an invitation to bid, the authority may award the contract to the single bidder if the authority determines that the price submitted is fair and reasonable and if the authority also determines that either other potential bidders had adequate opportunity to respond or there is not ample time for resolicitation. Otherwise, the authority may reject the bid and

(1) solicit new bids or offers;

(2) cancel the proposed procurement; or

(3) conduct another procurement for the supply or service as a sole source procurement under 17 AAC 95.060, limited competition procurement under 17 AAC 95.070, or emergency procurement under 17 AAC 95.080, as appropriate.

(n) The authority may cancel an invitation to bid, reject any or all bids in whole or in part, or delay the date for opening bids if the authority determines that it is in the authority's best interest to do so. The authority will make the reasons for the cancellation, rejection, or delay a part of the procurement file.

(o) Unless otherwise prohibited by federal regulation, contractual or grant agreements, or other governing authority, the authority will award the contract to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set out in the invitation to bid, after an Alaska bidder preference of five percent, an Alaska products preference as described in AS 36.30.322 - 36.30.338, and a recycled products preference under AS 36.30.337 have been applied. In this subsection, "Alaska bidder" has the meaning given in AS 36.30.170(b).

(p) Before awarding a contract, the authority will issue a notice of intent to award a contract. A notice of intent to award a contract does not constitute notice to proceed with a contract. A notice of intent to award a contract will include

(1) the pertinent solicitation number;

(2) a statement of the proposed contract amount;

(3) the name of the apparently successful bidder; and

(4) a brief description of the supplies, equipment, services, construction, office or other space leases, or personal property that will be the subject of the contract.

(q) If the authority determines that it is impractical initially to prepare a definite purchase description to support an award based on price, the authority may use a multi-step sealed bidding process in which it issues an invitation to bid requesting the submission of unpriced technical offers, to be followed by an invitation to bid limited to bidders whose unpriced technical offers the authority determines to be technically qualified under criteria set out in the first solicitation.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.030 Competitive sealed proposals

(a) Except as otherwise provided in this chapter, or unless otherwise exempted by law, the authority will award a contract by competitive sealed proposals if the authority determines that the use of competitive sealed bidding is not practicable or not advantageous to the state. A request for competitive sealed proposals will contain the date, time, and place for delivering proposals or designated portions of proposals; a specific description of the goods or services to be provided under the contract; the terms under which the goods or services are to be provided; a description of required proposal content; evaluation factors; and the weighing factor or numerical rating system that will be used in evaluation. The authority will give public notice of its request for competitive sealed proposals by publishing the request for proposals in the manner described in 17 AAC 95.020(d).

(b) The authority may conduct a procurement by competitive sealed proposals in two or more steps, in which the authority requests the submission of specified information or partial proposals in the first step, and requests additional information or proposals in later steps. Participation in the later steps of the procurement may be limited to the offerors whose initial submittals are determined to be technically qualified or among those ranked highest by the authority.

(c) The request for proposals may require proposers to provide proposal security. The authority may subsequently waive any requirement to provide proposal security contained in a request for proposals.

(d) Questions or requests for clarification regarding a request for proposals must be submitted in writing to the person responsible for receiving those submissions, as designated in the request for proposals. The authority will provide the responses in writing, will provide the responses to other proposers, and will make the responses available to the public.

(e) A person that submits a proposal may correct, modify, or withdraw its proposal before the time and date set for receipt of proposals in the manner described in 17 AAC 95.020(g).

(f) Upon receipt of a proposal, modification, or correction, the authority will note the date and time of receipt upon the envelope and will hold the proposal, modification, or correction in a secure place. After the date set for receipt of proposals, the authority will prepare a register of proposals received. The register will include

(1) the name of each offeror; and

(2) a description of the services, supplies, or items offered.

(g) Unless otherwise noted in the request for proposals, the authority will not accept a proposal, correction, modification, or withdrawal received after the date set for receipt of proposals unless the authority determines that the delay was attributable to an error by the authority.

(h) The authority may cancel a request for proposals, reject any or all proposals in whole or in part, or delay the date for opening proposals if the authority determines it to be in the best interest of the authority to do so. The authority will make the reasons for the cancellation, rejection, or delay a part of the procurement file.

(i) The appropriate authority officer shall designate an evaluation committee to evaluate proposals received in response to a request for proposals. The evaluation committee must consist of the appropriate authority officer and at least two employees of the authority selected by the appropriate authority officer. The evaluation committee shall evaluate the proposals as follows:

(1) the evaluation committee shall base its evaluations only on the evaluation factors set out in the request for proposals;

(2) the evaluation committee shall use the weighing factor or numerical rating system set out in the request for proposals;

(3) if the evaluation committee uses a numerical rating system, the evaluation committee shall award the contract to the offeror receiving the highest final score; and

(4) if the evaluation committee does not use a numerical rating system, each member of the evaluation committee, as applicable, shall justify or explain the ranking determination in writing.

(j) If the authority receives only one responsive and responsible proposal in response to a request for proposals, the authority may accept the proposal, reject the proposal, or resolicit proposals.

(k) Offerors shall fully comply with all terms of the request for proposals and with this chapter. The authority will consider an offeror that does not comply to be nonresponsive and will reject the offeror's proposal.

(l) If the evaluation committee determines, as part of an evaluation conducted under this section, that a proposal is reasonably susceptible for award but contains weaknesses or deficiencies, the authority may provide each offeror of a proposal susceptible to award the opportunity to discuss the weaknesses or deficiencies with either the appropriate authority officer or the evaluation committee. The evaluation committee may adjust or alter the evaluation of a proposal as a result of the discussion. During a discussion under this subsection,

(1) the authority may limit discussion to specific sections of the request for proposals;

(2) if there is a need for substantial clarification or change in the request for proposals, the authority will amend the request for proposals to incorporate the changes; and

(3) the authority will not use auction techniques that reveal one offeror's cost to another offeror and will not disclose any information derived from competing proposals.

(m) Following any discussions under ( l) of this section, the authority will set a date and time for submission of revised proposals. An offeror may submit a revised proposal only once. However, the authority may make a written determination that it is in the authority's best interest to conduct additional discussions or to change the requirements and require another submission of revised proposals.

(n) When the authority identifies the apparently successful proposal, it will issue a notice of intent to award the contract. The notice of intent to award the contract will contain the information set out in 17 AAC 95.020(p)(1) - (4). The notice of intent to award the contract does not constitute a notice to proceed.

(o) For architectural, engineering, or land surveying services, the authority may negotiate a contract with the most qualified and suitable firm or person of demonstrated competence. The authority may award a contract for those services at fair and reasonable compensation as determined by the executive director after consideration of the estimated value of the services to be rendered and the scope, complexity, and professional nature of the services. Unless otherwise prohibited by federal regulation, contractual or grant agreements, or other governing authority, when determining the most qualified and suitable firm or person, the authority will consider the proximity to the project site of the office of the firm or person.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.040 Public-private partnerships

(a) The authority may enter into public-private partnerships to provide engineering services, design services, construction services, project financing, operating services, maintenance services, or any combination of those services. A public-private partnership agreement, or set of related agreements, may be awarded under the provisions of 17 AAC 95.020, 17 AAC 95.030, or this section. The solicitation for bids or proposals will state the section under which the authority is proceeding.

(b) The authority may determine that only proposers who are selected for a short list of proposers under the following procedures are eligible for an award of a public-private partnership agreement:

(1) the authority may issue a request for qualifications, soliciting qualification statements from private entities wishing to submit proposals for a public-private partnership agreement; the request for qualifications will state the minimum and may state a maximum number of proposers that will be invited to submit final proposals;

(2) the short list of proposers will be based on an evaluation of the criteria set out in the request for qualifications; the request for qualifications will include the relative weight given to the criteria;

(3) the request for qualifications may request one or more conceptual approaches to fulfill the obligations under the public-private partnership;

(4) an evaluation committee established by the authority shall evaluate qualifications submittals received in response to the request for qualifications;

(5) the evaluation committee shall identify and approve a short list of those entities that are considered most qualified to submit detailed proposals for a proposed project, not to exceed the number designated in the request for qualifications; the short list of selected proposers will be distributed to all proposers and made available to the public;

(6) if the authority fails to achieve at least two qualified proposers, either because only one qualified proposer responds to the request for qualifications or because some or all of the qualified proposers withdraw their proposals, the authority may issue a new request for qualifications, proceed with a sole source procurement under 17 AAC 95.060 with any remaining proposer, or terminate the procurement.

(c) Short-listed proposers selected under (b) of this section will be invited, through a request for proposals, to submit proposals for a public-private partnership agreement on the designated services. The request for proposals will conform to, and follow the procedures under, 17 AAC 95.030, except that

(1) the authority may ask for initial proposals followed by discussions and revised proposals, or may award the public-private partnership agreement without discussions or revised proposals;

(2) the request for proposals may include a request for alternative proposals;

(3) the request for proposals may provide for a payment to each unsuccessful proposer that submits a proposal responsive to the requirements of the request for proposals, or to short-listed proposers, if the authority cancels the procurement; the terms under which a payment will be made will be contained in the request for proposals;

(4) the request for proposals may allow interim submission for authority review, approval, conditional approval, or disapproval of alternative technical concepts and alternative financial concepts; for purposes of this paragraph, a concept is an alternative concept if it would not be considered responsive under the terms of the request for proposals, or if it incorporates an exception to requirements that are set out in the request for proposals; if the authority approves or conditionally approves an alternative concept, the proposer submitting it may incorporate it into its proposal, and the authority will not reject the proposal for unresponsiveness due to the approved or conditionally approved alternative concept; the authority may revise the request for proposals in response to submission of an alternative concept;

(5) technical solutions and design concepts contained in proposals will be considered proprietary information unless a stipulated price is offered and accepted.

(d) The authority may conduct individual or collective meetings with short-listed proposers during the course of the procurement and before proposal submission in order to exchange information, receive and discuss questions and comments, and provide clarifications. If the authority conducts meetings, each short-listed proposer and its representatives shall sign and adhere to an agreement, in a form determined by the authority, to govern the conduct of those meetings and assure confidentiality. If the authority conducts meetings on an individual basis, the authority will provide each short-listed proposer a comparable opportunity to engage in those individual meetings. The authority will share with all short-listed proposers, on a reasonably contemporaneous basis, material non-confidential information and material clarifications that concern the procurement and the services and that are communicated at a meeting with any short-listed proposer. The authority will not disclose any confidential information, concepts, or ideas of another short-listed proposer.

(e) The authority will evaluate technical and price proposals separately, in accordance with the evaluation factors set out in the request for proposals.

(f) The evaluation committee shall submit a recommendation to the board regarding approval of the highest ranked proposal. The board may approve or disapprove the recommendation. After board approval, the authority will notify proposers in writing of the authority's rankings and make the rankings available to the public.

(g) The authority may enter into negotiations with the highest ranked proposer to negotiate any portions, terms, or conditions of its proposal that the authority desires to negotiate, without releasing the proposer from its offer. If a public-private partnership agreement satisfactory to the authority cannot be negotiated with that proposer, or if, in the course of negotiations, it appears that the proposal will not provide the authority with the overall best value, the authority will formally suspend or terminate negotiations with that proposer and may

(1) reject all proposals;

(2) modify the request for proposals and begin again the submission of proposals; or

(3) proceed to the next most highly ranked proposal and attempt to negotiate a public-private agreement with that proposer in accordance with this subsection.

(h) Information the authority makes available to proposers is as a convenience to the proposer and without representation or warranty of any kind, except as may be expressly specified in the request for qualifications or request for proposals. Proposers may not rely upon any oral responses to inquiries.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.050 Small procurements

(a) For procurement of supplies, equipment, services, construction, office or other space leases, or personal property estimated to cost no more than $15,000, or professional services estimated to cost no more than $30,000, the authority will use procedures providing competition that are practicable under the circumstances and will keep records of these procurements to facilitate audit of the purchasing function.

(b) Solicitations for small procurements under (a) of this section will be either written or oral. The authority may use a contractor list, either maintained by the authority or by another state agency, appropriate for the services or commodity sought. It is not necessary that all contractors on the list be solicited. If used, however, the authority will rotate the list to give all interested vendors an equal opportunity to compete. Nothing in this section prevents the authority from contacting firms or individuals not on the list.

(1) orally, the authority will record

(A) who made the solicitation;

(B) the specifications or items solicited;

(D) the name of each firm or individual contacted; and

(E) the response of each contact;

(2) in writing, the authority will record

(A) the names of all persons or firms contacted;

(B) a summary of all responses received; and

(d) Records of both oral and written solicitations are a permanent part of the procurement file for the solicitation.

(e) For procurement of professional services under this section, the authority will follow oral proposals by written documentation, which will be made a permanent part of the procurement file. The authority also will include in the file a written justification for award to the most qualified vendor.

(f) Evaluation of bidders or offerors will take into account the five-percent Alaskan bidder preference, the Alaska products preference as described in AS 36.30.322 - 36.30.338, and the recycled products preference under AS 36.30.337. In this subsection, "Alaska bidder" has the meaning given in AS 36.30.170(b). The authority will award the contract to the

(1) lowest responsive and responsible bidder; or

(2) offeror selected in accordance with solicitation specifications and evaluation criteria.

(g) If the authority procures any of the following as a sole source procurement, it will follow the procedures in this section rather than the procedures in 17 AAC 95.060:

(1) supplies or services totaling less than $1,000;

(2) construction totaling less than $10,000;

(3) individual travel totaling less than $10,000; or

(4) professional services totaling less than $10,000.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.060 Sole source procurements

(a) The authority may restrict a procurement to one potential contractor if no other source is suitable or acceptable to meet the need. The authority may conduct a sole source procurement under this section if the authority determines that only one qualified proposer has responded to a request for qualifications under 17 AAC 95.040(b)(6), or if all other short-listed proposers have withdrawn from the procurement process under 17 AAC 95.040.

(b) The executive director shall prepare and sign a written finding and determination that there is only one source for the required procurement. For a procurement of $100,000 or more, final approval for the sole source procurement must be obtained from the board.

(c) The authority will conduct negotiations as to price, delivery schedules, and terms of a sole source procurement. The executive director shall make a written determination of fairness and reasonableness of price, for inclusion in the procurement file, before award of a sole source procurement.

(d) The authority will include in the procurement file for each sole source procurement the executive director's written finding and determination, and the executive director's or board's final approval, described in (b) of this section. The authority will maintain for each sole source procurement a record that includes at least the following information:

(1) the contractor's name;

(2) the amount and type of the procurement; and

(3) a listing of the supplies, equipment, services, construction, office or other space leases, personal property, and professional services procured under the contract.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.070 Limited competition

(a) If the executive director makes a written finding that other sources are not either suitable or acceptable and why the competitive sealed bid or proposal process is impractical or contrary to the public interest, a procurement may be restricted to several potential contractors identified by the executive director's written findings.

(b) The authority will conduct negotiations, as appropriate, as to price, delivery schedules, and terms equally with each potential contractor for a limited competition procurement under this section.

(c) The authority will include in the procurement file for each limited competition procurement the written finding, and the executive director's final approval, described in (a) of this section. The authority will maintain for each limited competition procurement a record that includes at least the following information:

(1) the contractor's name;

(2) the amount and type of the procurement; and

(3) a listing of the supplies, equipment, services, construction, office or other space leases, personal property, and professional services procured under the contract.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.080 Emergency procurement

(a) The authority may make a procurement under emergency conditions

(1) when a threat to public health, safety, or welfare exists;

(2) when a situation exists that makes a procurement through competitive sealed bidding impractical or contrary to the public interest; or

(3) to protect private or public property.

(b) Reasons for finding that emergency conditions exist include the following:

(1) economic considerations that preclude routine solicitation;

(2) delays inherent in the normal procurement process;

(3) extreme weather conditions; and

(4) structural, equipment, or other physical failure when the need for timely repair is essential.

(c) The executive director shall make a written determination that emergency conditions exist. The written determination must state in detail the factual basis for the determination that emergency conditions exist and for the selection of the particular contractor. The authority will maintain the determination in the procurement file.

(d) For a procurement under this section, the authority will procure supplies and services by any method the authority considers reasonable under the circumstances.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.090 Modification or termination of procurement

In administering any procurement, the authority may

(1) withdraw an invitation for competitive sealed bids, a request for qualifications, or a request for proposals at any time, and issue a new request;

(2) reject bids, qualifications submittals, or proposals at any time;

(3) terminate evaluation of qualifications submittals or proposals at any time;

(4) suspend, discontinue, or terminate public-private partnership agreement negotiations with any proposer at any time before the actual authorized execution of an agreement by all parties;

(5) negotiate with a proposer to include, in accordance with law, aspects of unsuccessful proposals for those goods and services in the agreement with the proposer;

(6) request or obtain additional information about any proposal from any source;

(7) modify, issue addenda to, or cancel any invitation for competitive sealed bids, request for qualifications, or request for proposals;

(8) waive deficiencies in a bid, qualifications submittal, or proposal, accept and review a non-conforming qualifications submittal or proposal, or permit clarifications or supplements to a qualifications submittal or proposal.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.110 Contract modifications

A contract with the authority may not be transferred or assigned without the prior written consent of the authority.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.120 Protests

(a) An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for supplies, equipment, services, construction, office or other space leases, personal property, or professional services by the authority under this chapter. The protest must be in writing and must include at least the following information:

(1) the name, address, and telephone number of the protester;

(2) the signature of the protester or the protester's designated representative;

(3) identification of the solicitation or contract at issue;

(4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and

(5) the form of relief requested.

(b) A protest must be filed no later than 10 calendar days after a notice of intent to award is issued by the executive director. If the protester shows good cause, the executive director may consider a filed protest that is not submitted in a timely manner.

(c) The authority will immediately give notice of a protest to the contractor if a contract has been awarded, or if no award has been made, to all interested parties.

(d) No later than 15 calendar days after a protest is filed, the executive director shall issue a written decision containing the basis for the decision. A copy of the decision shall be provided to the protester by certified mail or by other means that provide evidence of delivery. A copy of the decision shall be provided to the contractor, if a contract has been awarded.

(e) The executive director may extend the time for the decision for up to 30 days upon a written finding of good cause. The executive director shall notify the protester in writing of the date that the decision is due.

(f) An appeal from a decision by the executive director on a protest may be filed by the protester with the board. The protester must file the appeal no later than 10 calendar days after receiving the executive director's decision. The appeal must identify the factual and legal errors in the executive director's decision. The board may decide the appeal without an oral hearing, or may request the Office of Administrative Hearings to conduct an administrative hearing under AS 44.64.030(b), in which the hearing officer submits a recommended decision for consideration by the board. The board may affirm, modify, or reject the executive director's decision or hearing officer's recommended decision in whole or in part, may remand the matter to the executive director or hearing officer with instructions, or may take other appropriate action. A copy of the board's decision will be provided to the protester, and to the contractor if a contract has been awarded.

(g) The written decision of the board regarding a protest filed under this section is a final administrative decision. The decision will notify the interested party that judicial review of the administrative decision may be had by filing a notice of appeal in accordance with applicable rules of court governing appeals in civil matters.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.130 Contract claims

(a) If a contract awarded under this chapter contains a dispute resolution procedure, any claim by the contractor against the authority arising from the contract shall be resolved under the procedures contained in the contract.

(b) If a contract awarded under this chapter does not contain a dispute resolution procedure, a contractor may file with the authority a claim concerning a contract controversy. The contractor shall certify that the claim is made in good faith, the supporting data is accurate and complete, and the amount requested as a result of the controversy accurately reflects the amount for which the contractor believes the authority is liable.

(c) If a claim filed with the authority under (b) of this section cannot be resolved by agreement, the authority will request the Office of Administrative Hearings to conduct an administrative hearing under AS 44.64.030(b). A decision by the Office of Administrative Hearings on the claim is the authority's final administrative decision on the claim.

History

Authority: AS 19.75.111; AS 36.30.015; AS 44.64.030
Eff. 9/17/2011, Register 199

17 AAC 95.140 Exemptions to procurement regulations

The provisions of this chapter do not apply to

(1) contracts for professional witnesses to provide professional services or testimony relating to existing or probable lawsuits to which the authority is or might become a party;

(2) acquisitions or dispositions of real property or an interest in real estate;

(3) the purchase or sale of securities or other financial instruments;

(4) purchase of books, newspapers, periodicals, audiovisual materials, network information services, including financial informational electronic services, all media advertising, professional memberships, archival materials, objects of art, or archival acquisitions;

(5) contracts for supplies or services for research projects funded by the federal government or private grants;

(6) guest speakers, professional instructors, or performers for management and educational training forums, conferences, or associated programs;

(7) expenditures, not to include services of bond counsel or financial advisors, associated with the issuance of authority debt obligations;

(8) expenditures for valuation appraisals for real estate owned by the authority;

(9) premium expenditures for all required insurance coverage.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.150 Purchases through other departments

The provisions of this chapter do not prevent authority procurement through the Department of Transportation and Public Facilities or the division of general services in the Department of Administration.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.160 Authority to delegate; exercise of delegated authority

The executive director may delegate the executive director's authority with respect to procurements under this chapter to an employee of the authority. A delegation of authority must be in writing, and may be revoked at any time by the executive director.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.170 Federal assistance

If federal money or other federal assistance is involved in a procurement by the authority, this chapter will govern except to the extent that it is superseded by federal regulations and provisions. In case of conflict, the federal regulations and provisions control.

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

17 AAC 95.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "authority" means the Knik Arm Bridge and Toll Authority;

(2) "board" means the authority's board of directors;

(3) "executive director" means the authority's executive director;

(4) "short-listed proposer" means a proposer responding to a request for qualifications that is chosen as a short-listed proposer under 17 AAC 95.040(b).

History

Authority: AS 19.75.111; AS 36.30.015
Eff. 9/17/2011, Register 199

Chapter 97 Naturally Occurring Asbestos

17 AAC 97.010 Applicability

This chapter applies to the means by which landowners and contractors are granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or claim for damages or costs.

History

Authority: AS 09.65.245; AS 44.42.400; AS 44.42.430 AS 44.42.030; AS 44.42.420
Eff. 6/13/2015, Register 214

17 AAC 97.020 Bulk testing method, sampling protocol, and laboratory requirements

The testing method used to determine the percentage of naturally occurring asbestos contained within gravel or other aggregate material to be used in projects described in this chapter is the California Environmental Protection Agency, California Air Resources Board, Method 435: Determination of Asbestos Content of Serpentine Aggregate (CARB 435), revised as of June 6, 1991 and adopted by reference, with the lowest detection limit of 0.25 percent using the "400 non-empty point" calculation. The department's DOT& PF NOA Sampling and Classification Protocols, revised as of March 27, 2015 and adopted by reference, establishes the method for samples taken in undeveloped areas. A laboratory doing the analysis must be certified by the United States Department of Commerce, National Institute of Standards and Technology, National Voluntary Laboratory Accreditation Program (NIST/NVLAP).

History

Authority: AS 09.65.245; AS 44.42.030; AS 44.42.430 AS 18.31.260; AS 44.42.400 AS 44.42.020; AS 44.42.420
Eff. 6/13/2015, Register 214

17 AAC 97.030 Procedures for establishment of designated area

(a) The procedures for establishing a designated area at the request of a municipality or person outside the limits of a municipality are as follows:

(1) if all or part of the proposed designated area is within the limits of a municipality, the applicant must be the municipality;

(2) if the proposed designated area is inside the limits of a community and outside the limits of a municipality, the community may apply;

(3) if the proposed designated area is outside the limits of a community and outside the limits of a municipality, any person may apply;

(4) the applicant may request the establishment of a designated area by submitting an application to the department containing

(A) a cover letter addressed to the department's chief engineer requesting the establishment of a designated area under AS 44.42.400; if the applicant is a municipality, the letter may be signed by the principal executive officer, an elected official, or other authorized employee;

(B) a resolution from the governing elected body of the municipality requesting the designation of the area under AS 44.42.400(b), if any part of the proposed designated area is within a municipality;

(C) a specific description of the proposed boundaries of the designated area with documentation describing the rationale for the proposed boundaries; the description must include mapping that depicts the limits of the proposed designated area and the material sites evaluated under (D) and (E) of this paragraph;

(D) reports of tests documenting the presence of naturally occurring asbestos in gravel or other aggregate material in the proposed designated area that, when tested using the bulk test method prescribed in 17 AAC 97.020, is determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos; those test results must include information regarding sampling protocols used to establish the presence of naturally occurring asbestos;

(E) information related to the availability of gravel or other aggregate material free from naturally occurring asbestos in the proposed designated area; and

(F) information related to the project costs associated with using naturally occurring asbestos;

(5) upon receipt of an application, the department will not issue a determination until it has

(A) reviewed all information submitted;

(B) analyzed the effect of the presence of naturally occurring asbestos on construction projects in the proposed designated area; and

(6) in addition to the information required in (4) of this subsection, the department may request that additional information or studies it determines relevant and necessary, to include additional testing, sampling, or surveys, be provided in order to process the application; the department will not pay for, conduct, or contract for any testing required to process the application;

(7) the department will process the application not later than 90 days after receipt of the complete application; if the department needs additional time to process the application, the department will issue a public notice to extend the 90 days;

(8) the department will issue a written determination of approval or disapproval of the application; if the department approves the application, the department will include in the approval a specific description of the boundaries of the designated area; the department will provide a copy of the written determination to the applicant;

(9) the department may wholly approve or wholly disapprove an application; the department may revise the boundaries proposed by the applicant of the area to be established as a designated area;

(10) after approval of a designated area, the department will notify potentially affected persons that the area has been designated as an area where landowners and contractors may be granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or claim for damages or costs;

(11) an applicant may request at any time that the department withdraw a designated area from designation; if all or part of the designated area is within a municipality or community, the municipality or community must be the applicant to withdraw; the department will solicit and consider public input for withdrawal of the designated area from designation; if a designated area is withdrawn from designation, immunity for projects with site-specific plans previously approved by the department under 17 AAC 97.040 continues for those projects as if the area remained a designated area for the purposes of asserting immunity under AS 09.65.245(a); to retain immunity under AS 09.65.245(a), the projects must continue to be maintained following the monitoring and mitigation plan approved under 17 AAC 97.040(h).

(b) Procedures for establishing designated areas for department projects are as follows:

(1) if any part of the proposed designated area under this subsection is within a municipality, the department will secure a resolution from the governing body of the municipality in which the proposed area is located supporting the establishment of the designated area;

(2) the department will document

(A) a specific description of the proposed boundaries of the designated area;

(B) tests documenting the presence of naturally occurring asbestos in the area, including information regarding testing methods and sampling protocols used to establish the presence of naturally occurring asbestos;

(C) information related to the availability of gravel or other aggregate material free from naturally occurring asbestos in the area;

(D) information and analysis related to the project costs associated with using naturally occurring asbestos; and

(E) any other information that the department identifies as relevant to the establishment of a designated area as proposed;

(3) upon establishing a file documenting the information required under (1) and (2) of this subsection, the department will solicit and consider public input from residents within the proposed designated area;

(4) the department will issue a written determination establishing the designated area and containing a specific description of the boundaries of the designated area; the department will provide a copy of the written determination to the governing body of the municipality, if applicable;

(5) after establishing a designated area, the department will notify potentially affected persons that the area has been designated as an area where landowners and contractors may be granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or claim for damages or costs;

(6) the department may at any time withdraw a designated area from designation; the department will solicit and consider public input for withdrawal of the designated area from designation; if a designated area is withdrawn from designation, immunity for projects with site-specific plans previously approved by the department under 17 AAC 97.040 continues for those projects as if the area remained a designated area for the purposes of asserting immunity under AS 09.65.245(a); to retain immunity under AS 09.65.245(a), the projects must continue to be maintained following the monitoring and mitigation plan approved under 17 AAC 97.040(h).

History

Authority: AS 44.42.030; AS 44.42.020 AS 44.42.400; AS 44.42.030
Eff. 6/13/2015, Register 214

17 AAC 97.040 Procedures for submission and review of site-specific plans

(a) An applicant intending to use materials containing naturally occurring asbestos at levels at or exceeding those established under AS 44.42.410 from within an area designated under 17 AAC 97.030 and who is seeking immunity provided under AS 09.65.245(a)(2) must submit a site-specific plan to the department. The applicant submitting the plan must

(1) have the plan certified in writing by

(A) an industrial hygienist with certification from the American Board of Industrial Hygiene; or;

(B) a registered professional engineer under AS 08.48 with department-provided project designer training;

(2) include concurrence from

(A) all landowners nearby;

(B) the project owner; and

(3) submit a cover letter to the department's chief engineer stating that the site-specific plan is being submitted as required under AS 44.42.410 and identify

(A) the project, construction start, and projected completion date; and

(B) the project owner and the entity responsible for project maintenance.

(b) For projects undertaken by the department or contracted by the department, where the department or its contractors are intending to use material containing naturally occurring asbestos at levels at or exceeding those established under AS 44.42.410, from within an area designated under 17 AAC 97.030 and the department is seeking immunity provided under AS 09.65.245(a)(2), the department will produce a site-specific plan. The department will

(1) have the plan certified in writing by

(A) an industrial hygienist with certification from the American Board of Industrial Hygiene; or

(B) a registered professional engineer under AS 08.48 with department-provided project designer training; and

(2) in addition to providing the information required under (c) of this section,

(A) identify in the plan the project, construction start, and projected completion date;

(B) identify all landowners nearby; and

(1) a description of the project, project components, and intended long-term use of the project;

(2) the applicant's address and telephone number;

(3) identification of all landowners nearby; the applicant must attach a signed and dated approval letter from

(A) each landowner that the project affects;

(B) the project owner; and

(4) a map depicting the specific location of the project boundary and proposed material sites and the boundary of the designated area established under 17 AAC 97.030;

(5) plans, specifications, and material quantity estimates for construction involving material containing naturally occurring asbestos, the location and depths of material containing naturally occurring asbestos to be incorporated into the project, and identification of material free from naturally occurring asbestos that will cover or seal the material containing naturally occurring asbestos; if material containing naturally occurring asbestos has been used, the material containing naturally occurring asbestos must be covered or sealed with material free from naturally occurring asbestos, except if material containing naturally occurring asbestos is

(A) an integral part of the production of asphalt concrete, portland cement concrete, or other similarly cemented materials;

(B) used as riprap; or

(6) a narrative of the benefits of using material containing naturally occurring asbestos on the project; the narrative must include a cost analysis comparing using material containing naturally occurring asbestos to using material that is free from naturally occurring asbestos; the costs of material containing naturally occurring asbestos must include all costs to

(A) develop a site-specific plan;

(B) implement the sampling and analysis plan required under (7) of this subsection;

(D) implement the dust control plan required under (9) of this subsection;

(7) a sampling and analysis plan (SAP) for construction activities; the sampling and analysis plan must include

(A) details of investigations to identify in the area sources of material free from naturally occurring asbestos;

(B) identification of the testing method used for naturally occurring asbestos;

(D) test results of soil samples from known material sources or areas of anticipated ground disturbance; the test results must identify concentrations of naturally occurring asbestos, including mapped locations; and

(E) a narrative description of plans to minimize the use of material containing naturally occurring asbestos;

(8) an asbestos compliance plan (ACP) for construction activities; the asbestos compliance plan must include

(A) identification of those work tasks on the project with the potential for exposure to material containing naturally occurring asbestos;

(B) a project-specific job hazard analysis detailing steps that are to be taken to prevent or minimize worker exposure to asbestos using engineering or administrative controls and personal protective equipment (PPE); the analysis must include a description of

(i) personal protective equipment to be used on site;

(ii) decontamination practices and equipment to be used;

(iii) general safe work practices to be employed;

(iv) site security measures; and

(v) changed-conditions response plans;

(C) a description of the training to be received by those workers with potential exposure to naturally occurring asbestos; training must be appropriate for responsibilities and potential for exposure;

(D) a plan for monitoring the exposure of workers and the public to airborne asbestos dust; the air monitoring plan must specify the type of each air sampling device, the siting of each air sampling device, sampling durations and frequency, and the analytical method; an individual performing the monitoring and sampling must be supervised by an individual that the United States Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health has certified with the course titled Sampling and Evaluating Airborne Asbestos Dust (582) (NIOSH 582), dated June 1988 and adopted by reference, or an equivalent to that course; the plan must include

(i) an area air monitoring test documenting the presence or absence of airborne fibers from naturally occurring asbestos; the area air monitoring test must use the test method prescribed in the United States Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, Asbestos and Other Fibers by PCM (7400) (NIOSH 7400), dated August 15, 1994 and adopted by reference; fiber counts may not exceed a 24-hour average public exposure concentration greater than or equal to 0.020 fibers per cubic centimeter of air; and

(ii) a personal air monitoring test documenting the presence or absence of airborne fibers from naturally occurring asbestos; the personal air monitoring test must use the test method prescribed in Asbestos and Other Fibers by PCM (7400) (NIOSH 7400), adopted by reference in (i) of this subparagraph; the worker permissible exposure limit (PEL) may not exceed an eight-hour time weighted average full-shift airborne concentration of 0.1 fibers per cubic centimeter of air, and may not exceed one fiber per cubic centimeter of air as averaged over a sampling period of 30 minutes; and

(E) a description of public notification to be made during the construction phase regarding use of material containing naturally occurring asbestos; the description must include a description of proposed signage to be placed near the project area during construction;

(9) a dust control plan (DCP) for construction activities; the plan must include plans to prevent visible dust emission during excavation, stockpiling, transportation, or placement of material containing naturally occurring asbestos; and

(10) a draft monitoring and mitigation plan for the post-construction period or maintenance; the draft plan must include

(A) the long term monitoring and mitigation plan signed by the entity responsible for maintenance for the completed project;

(B) a description of operational and maintenance strategies and timelines for the entity responsible for maintenance for protecting, testing, and reconstructing covering materials over the material containing naturally occurring asbestos in the project; and

(C) a description of planned public notification measures for the entity responsible for maintenance to ensure the public is made aware of material containing naturally occurring asbestos in the area.

(d) The applicant must submit all components of the site-specific plan not later than 60 days before ground-disturbing activities start. All components of the site-specific plan must be approved before ground-disturbing activities begin.

(e) The department may request any additional information to supplement any component of a site-specific plan.

(f) After the department's preliminary review of a site-specific plan, the department will consult with and seek comments from each of the following agencies regarding the draft monitoring and mitigation plan required under (c)(10) of this section:

(1) the Department of Environmental Conservation;

(2) the Department of Health;

(3) the Department of Natural Resources;

(4) the Department of Law;

(5) the Department of Labor and Workforce Development.

(g) The department will allow each reviewing agency listed in (f) of this section 10 working days after receipt of the draft monitoring and mitigation plan to review the draft monitoring and mitigation plan with regard to human health concerns arising out of gravel or other aggregate material containing naturally occurring asbestos. A reviewing agency may recommend approval of, disapproval of, or modification to the draft monitoring and mitigation plan. Upon agency request, the department may grant an additional 10 working days to review the draft monitoring and mitigation plan. In this subsection, "working day" means a day other than Saturday, Sunday, or a state holiday.

(h) The department will incorporate into the final monitoring and mitigation plan each reviewing agency's recommendations to address human health concerns arising out of gravel or other aggregate material containing naturally occurring asbestos.

(i) The department will issue a written determination approving or disapproving the site-specific plan.

(j) After approving a site-specific plan, the department will

(1) provide a copy of the approved site-specific plan, including the approved final monitoring and mitigation plan, to

(A) the applicant; and

(B) the mayor of the municipality, or to the municipal or community executive, if applicable; and

(2) require the applicant to submit all asbestos-related data collected during construction to the department.

(k) At any time the applicant submitting the site-specific plan may request revision of any component of the site-specific plan previously approved under (i) of this section. To request a revision, the applicant must submit the proposed changes for the department's approval along with a cover letter as specified under (a)(3) of this section. The applicant submitting revisions to a site-specific plan previously approved under (i) of this section must submit all revised components of the site-specific plan not later than 60 days before proceeding under the terms of the revised site-specific plan. If without the written approval of the department under this subsection a contractor or project owner makes, institutes, or implements a revision to a site-specific plan previously approved under (i) of this section, the revision voids the previous approval of that site-specific plan.

(l) The applicant shall submit the final monitoring and mitigation plan not later than 120 days after construction is completed. The final monitoring and mitigation plan must include the monitoring and mitigation plan as modified under (h) of this section, supplemented by as-built plans identifying the final locations for material containing naturally occurring asbestos and the cover or sealing material used.

(m) The applicant shall submit construction monitoring records not later than 120 days after construction is complete.

(n) The contractor shall comply with the recordation and notification requirements of AS 44.42.410(g).

(o) The department will permanently retain

(1) each approved site-specific plan, whether submitted to or produced by the department; and

(2) all associated documentation.

History

Authority: AS 09.65.245; AS 44.42.410; AS 44.42.430 AS 44.42.030; AS 44.42.420
Eff. 6/13/2015, Register 214

17 AAC 97.050 Responsibilities

The project owner and each contractor are responsible for fulfilling their respective requirements of the site-specific plan approved under 17 AAC 97.040. The contractor shall ensure that each party involved with the project, including each subcontractor, complies with the approved site-specific plan.

History

Authority: AS 44.42.030; AS 44.42.420; AS 44.42.430
Eff. 6/13/2015, Register 214

17 AAC 97.900 Definitions

(a) In AS 44.42.400 - 44.42.430 and this chapter,

(1) "landowner" means

(A) the owner of the surface estate of land affected by the use in the project of materials containing naturally occurring asbestos; and

(B) the owner of the subsurface estate of land affected by the use in the project of materials containing naturally occurring asbestos;

(2) "material free from naturally occurring asbestos" means material that may contain naturally occurring asbestos at a concentration of less than 0.25 percent using the "400 non-empty point" calculation in Method 435: Determination of Asbestos Content of Serpentine Aggregate (CARB 435), adopted by reference in 17 AAC 97.020;

(3) "monitoring and mitigation plan" means the plan used for the post-construction period or maintenance;

(4) "municipality" has the meaning given in AS 01.10.060;

(5) "naturally occurring asbestos"

(A) has the meaning given in AS 44.42.430;

(B) includes material containing the asbestiform or fibrous form of

(i) chrysotile;

(ii) the amphiboles belonging to the cummingtonite-grunerite series, commonly referred to by the commercial name amosite;

(iii) the amphibole riebeckite, commonly referred to by the commercial name crocidolite;

(iv) tremolite;

(v) anthophyllite;

(vi) actinolite;

(vii) winchite;

(viii) richterite; and

(ix) fluoro-edenite; and

(b) In this chapter, unless the context requires otherwise,

(1) "community" has the meaning given in AS 44.42.400(d);

(2) "contractor" has the meaning given in AS 44.42.430;

(3) "department" means the Department of Transportation and Public Facilities;

(4) "designated area" means an area that the department designates under AS 44.42.400 - 44.42.430 and 17 AAC 97.030 as an area where a landowner or contractor is granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or claim for damages or costs;

(5) "person" means

(A) an individual;

(B) a corporation;

(D) an Alaska Native tribe that is recognized by the United States Secretary of the Interior to exist as Indian tribe under 25 U.S.C. 479a (Federally Recognized Indian Tribe List Act of 1994);

(E) a tribal council organized under 25 U.S.C.476 (Indian Reorganization Act), or a traditional council;

(F) any other entity;

(6) "project owner" means the entity having legal authority for the design and construction of a project;

(7) "riprap" means material used to construct a loose assemblage of stones to provide embankment stability or shoreline protection to prevent erosion.

History

Authority: AS 44.42.030; AS 44.42.410; AS 44.42.430 AS 44.42.400; AS 44.42.420
Eff. 6/13/2015, Register 214

Chapter 99 Miscellaneous Provisions

17 AAC 99.010 Double-fine zone signs for highway work zones

(a) Authorization to erect, maintain, and remove the double-fine zone signs described in this section is made to the following in the following manner:

(1) authorized employees of the department;

(2) contractors of the department, unless the commissioner or the commissioner's designee determines in writing that the authorization is not appropriate given the nature of the work; the authorization expires at the completion of the work;

(3) municipalities, if the municipality authorizes an employee or contractor in writing and the authorization expires at the completion of the associated work.

(b) At the beginning of a designated double-fine zone, the authorized person or municipality shall erect a double-fine zone sign with the words "WORK ZONE" at the top in four inch letters on an orange background, followed by the word "BEGIN" in six inch letters on a white background, and followed by the words "DOUBLE", "TRAFFIC", and "FINES" on separate lines in five inch letters on a white background. The sign must be 48 inches high, 36 inches wide, and have the five lines of text described in this subsection.

(c) At the end of a double-fine zone, the authorized person or municipality shall erect a double-fine zone sign with the word "END" at the top in six inch letters, followed by "DOUBLE", "TRAFFIC", and "FINES" on separate lines in five inch letters. The sign must be 42 inches high, 36 inches wide, and have the four lines of text on a white background.

(d) At each major intersection within a double-fine zone, the authorized person or municipality shall erect and maintain additional signs alerting entering motorists of the double-fine zone.

(e) The double-fine zone signs described in this section must have black lettering and retro-reflective sheeting. The lettering must be of a style commonly associated with official highway signs authorized by the department.

(f) The authorized person or municipality shall remove the double-fine zone signs promptly after

(1) the authorization granted under this section expires; or

(2) the work is completed that was the basis of the authorization.

(g) In this section, unless the context requires otherwise,

(1) "department" means the Department of Transportation and Public Facilities;

(2) "highway" has the meaning given in AS 19.59.001;

(3) "highway work zone" has the meaning given in AS 28.90.990;

(4) "municipality" has the meaning given in AS 19.59.001;

(5) "work" means road construction, repair, or maintenance work involving workers and machinery on or adjacent to a highway.

History

Authority: AS 19.05.020; AS 28.90.030 AS 19.05.040; AS 44.42.030
Eff. 7/1/99, Register 150