Hawaii Administrative Rules
Title 19 - DEPARTMENT OF TRANSPORTATION
Subtitle 2 - AIRPORTS DIVISION
Chapter 16.1 - AIRPORTS SYSTEM FEES AND CHARGES APPLICABLE TO NON-SIGNATORY CARRIERS
Section 19-16.1-1 - Definitions

Unless the context clearly indicates otherwise, as used in this chapter:

"Airfield activity center" means the airfield areas of all airports in the airports system, including, but not limited to, the runways, taxiways, aprons, aircraft parking areas, security fencing, secure service roadways, aircraft rescue and crash fire stations, and related areas and facilities.

"Airports system" means the state-wide system of airports including all airports, air navigation facilities, and other related facilities and properties (real, personal, or mixed), and any rights or interests in airports, air navigation facilities, and other related facilities and related properties, now or hereafter belonging to or controlled by the State or under the administration, jurisdiction, control, and management of the State, and all equipment, improvements, extensions, or betterments thereto hereafter constructed or acquired.

"Airports system landing fee" means the fee imposed by the department per one thousand pounds of approved maximum landed weight for landing of aircraft at an airport in the airports system.

"Airports system terminal plan" means that document which identifies the commuter terminal, the overseas terminal, the interisland terminal and the international arrivals area, at HIA on file in the office of the director.

"Airports system support charge" means the charge imposed by the department per one thousand pounds of approved maximum landed weight to recover residual costs of the airports system.

"Approved maximum landed weight" means the maximum landed weight for an aircraft as authorized in the aircraft flight manual by the Federal Aviation Administration. If an aircraft is registered in a foreign country and has not been certified by the Federal Aviation Administration, the approved maximum landed weight shall be the maximum landed weight authorized by the foreign country.

"Aviation fuel taxes" means the taxes established by section 243-4(a)(2), Hawaii Revised Statutes.

"Department" means the department of transportation of the State.

"Director" means the director of the department.

"Distributor" means and includes:

(1) Every person who refines, manufactures, produces, or compounds liquid fuel and sells it within the State;

(2) Every person who imports or causes to be imported into the State any liquid fuel and sells it therein, whether in the original packages or containers in which it is imported or otherwise than in such original packages or containers, or who imports any such fuel for the person's own use in the State;

(3) Every person who acquires liquid fuel from a non-licensed distributor and who sells or uses it, whether in the original package or container in which it was imported (if imported), or otherwise than in such original packages or containers; and

(4) Every person who acquires liquid fuel from a licensed distributor as a wholesaler thereof and sells or uses it; and

(5) Every person referred as a "distributor" in chapter 243, Hawaii Revised Statutes.

"Honolulu International Airport" or "HIA" means the real property including all buildings, structures, facilities, and other betterments constituting Honolulu International Airport, or as Honolulu International Airport may hereafter modified or expanded.

"Interisland landing" means any landing by an aircraft whose flight originated at an airport in the State.

"Interisland terminal" means that area of HIA identified as such in the airports system terminal plan as amended from time to time.

"International arrivals area" means that area of HIA identified as such in the airports system terminal plan as amended from time to time.

"Joint use area" means all baggage claim, hold room, baggage makeup, baggage break-down, tug drive, and any other space available for shared use by aircraft operators in airports system terminal buildings as identified as such in the airports system terminal plan as amended from time to time.

"Landing" means any landing by an aircraft at an airport in the airports system, including passenger landings, cargo landings, interisland landings, and overseas landings, provided, however, landing shall not include a landing by an aircraft that returns to an airport in the airports system because of weather, mechanical, emergency, or precautionary reasons.

"Non-signatory carrier" means any operator of an aircraft, any employee of such operator, or any person who has the authorized use of the aircraft for the purposes of its operation, other than a signatory carrier, utilizing any services, facilities, and commodities of the airports system, including, without limitation, corporate, commuter, and charter operators.

"Overseas landing" means any landing by an aircraft whose flight originated at an airport which is not situated in the State.

"Overseas terminal" means that area of HIA identified as such in the airports system terminal plan as amended from time to time.

"Passenger landing" means any landing at an airport in the airports system by an aircraft carrying principally passengers (including corporate aircraft landings).

"Retail dealer" means and includes a person who purchases liquid fuel from a licensed distributor, and sells the liquid fuel at retail. Only sales of liquid fuel for consumption or use by the purchaser, and not for resale, are sales at retail, or as otherwise defined in chapter 243, Hawaii Revised Statutes.

"Signatory carrier" means any operator of and aircraft, any employee of such operator, or any person who has the authorized use of the aircraft for the purposes of its operation, utilizing any services, facilities, and commodities of the airports system, including passenger or cargo or any combination, and which has executed and delivered a valid and binding agreement with the State providing for fees and charges payable by such operator at the entire airports system, which agreement has not terminated and is effective with respect to such operator. Such term shall not apply to operators, their employees, or other such persons having agreements applicable to only portions of the airports system.

"State" means the State of Hawaii.