Current through August 30, 2024
(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.
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.090
