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Repealed.

History: Eff. 3/16/96, Register 137; repealed 3/28/2002, Register 161

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Chapter 42
Ted Stevens Anchorage International Airport and Fairbanks International Airport

Article

1. International Airports Generally. (17 AAC 42.005 - 17 AAC 42.150)

2. Authorization for Use of International Airport Property. (17 AAC 42.200 - 17 AAC 42.297)

3. Competitive Award. (17 AAC 42.300 - 17 AAC 42.399)

4. Public Notice; Lease, Permit, and Concession Terms and Cancellation. (17 AAC 42.400 - 17 AAC 42.430)

5. Ted Stevens Anchorage International Airport Tiedown Permits. (17 AAC 42.500 - 17 AAC 42.599)

6. Fairbanks International Airport Tiedown Permits. (17 AAC 42.600 - 17 AAC 42.699)

7. Airport Closure and Construction. (17 AAC 42.700 - 17 AAC 42.710)

8. First Amendment Activity at International Airports. (17 AAC 42.800 - 17 AAC 42.840)

9. Miscellaneous Provisions. (17 AAC 42.900 - 17 AAC 42.990)

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Article 1
International Airports Generally

Section

5. Applicability of chapter; general location information.

10. Airport manager; enforcement of chapter.

15. Approval of airport manager.

20. General rules of conduct; violations.

30. Aircraft rules.

35. Transient aircraft parking.

40. Agreements for air carrier operations at airports.

45. Environmental requirements.

50. Hazardous substance release.

55. Fueling operations and fuel storage.

60. Access to restricted areas.

65. Firearms and prohibited weapons.

70. Explosives on airports.

75. Animals on airports.

80. General vehicle rules.

85. Vehicles in restricted areas.

90. Vehicle parking.

95. Commercial passenger vehicle permit.

100. Vehicle rental business permit.

105. Business activity permit.

110. Abandoned or lost property.

115. Unauthorized parking and impound.

120. Accidents.

125. Fee adoption, interest, late fees, and security for payment.

130. Waiver of rents or fees.

135. Airport planning and programs for FAA compliance.

140. Airport noise compatibility program.

145. Airport zoning.

150. Opportunity to comment.

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: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.200

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: Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161; am 1/17/2016, Register 217

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.200

AS 02.15.220

AS 02.15.230

Editor's note: As of Register 204 (January 2013), and under AS 44.62.125 (b)(6), the regulations attorney made technical corrections to 17 AAC 45.42.010.

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: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.200

AS 02.15.220

AS 02.15.230

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

(C) leave the airport;

(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: Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.220

AS 02.15.230

AS 02.15.240

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