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.

Notes

17 AAC 45.500

Eff. 3/28/2002, Register 161

Authority:AS 02.15.020

AS 02.15.060

AS 02.15.090