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

(C) any decision of the department to sell or exchange the land or to put the land to other use.

(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.

Notes

17 AAC 45.700

Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

Copies of FAA Order 7930.2K and FAA Advisory Circular No. 150/5200-28B may be obtained from the FAA Office of Airport Safety and Standards, Airport Safety and Compliance Division, AAS-300, 800 Independence Avenue, S.W., Washington, DC 20591, and, as of August 30, 2007, on the internet at http://www.faa.gov. Notices to Airmen are available from the FAA at the above address or, as of August 30, 2007, on the internet at http://www.faa.gov/airports_airtraffic/air_traffic/publications/notices/.

Authority:AS 02.15.020

AS 02.15.060

AS 02.15.220

AS 02.15.230