Title 17 . Transportation and Public Facilities

Chapter 42 . Miscellaneous Provisions

Section 540. Switch-list procedures

17 AAC 42.540. Switch-list procedures

(a) The airport manager shall establish and maintain a switch list by which a permittee may have an opportunity to receive reassignment to a different tiedown space in the same category. Placement on a switch list does not create a right to reassignment to a different space.

(b) An airport manager shall maintain a switch list for each category of space established under 17 AAC 42.510(h) or (i) for which the manager receives a written switch request. Each list must be maintained in chronological order according to the date that the airport manager receives a request for that category of tiedown space as described in (c) of this section. However, a permittee placed on a switch list under 17 AAC 42.570(c) (2) or (3) or (e) shall be placed at the top of the list and ordered chronologically only as to any other permittee also placed on the list under 17 AAC 42.570(c) (2) or (3) or (e). A switch list is a public record and must include each requesting permittee's

(1) name;

(2) mailing address;

(3) date of request;

(4) telephone number, facsimile number, electronic mail address, or other method of contacting the permittee by electronic means; and

(5) list of the specific numbered spaces to one of which the permittee requests reassignment.

(c) A permittee in good standing may request to be placed on a switch list by submitting to the airport manager a written request on an airport form, together with any applicable fee established under 17 AAC 42.125.

(d) To the extent provided in this section, a permittee on a switch list has an opportunity to switch to an available space listed on the permittee's switch request before the space is made available to an individual on a wait list.

(e) When a tiedown space becomes available, the airport manager shall identify the first permittee on the applicable switch list. The manager shall

(1) if the first permittee on the applicable switch list was placed on the list under 17 AAC 42.570(c) (2) or (3), assign the available space to the permittee and mail or deliver to the permittee notice of assignment to the available space; assignment to a space under this paragraph is effective unless, within 20 days after the assignment, the permittee rejects the permittee's opportunity to receive a space by mailing or delivering to the manager a written rejection of the assignment; a permittee who rejects an assignment to a space under this paragraph abandons the permittee's opportunity to receive a space unless, along with the written rejection, the permittee requests to remain on the top of the switch list to receive an opportunity to switch to another space under the procedures of (2) of this subsection; and

(2) in all other cases, including placement on the switch list under 17 AAC 42.570(e) , make not less than three attempts over the course of two consecutive business days to offer the space to the first permittee who listed the space on the permittee's switch request; the manager shall attempt to contact the permittee by telephone, facsimile, or other electronic means, using the permittee's current contact information required under 17 AAC 42.560(c) .

(f) A permittee whom the manager contacts or attempts to contact under (e)(2) of this section must accept or reject the available space within two business days after the manager first contacts or last attempts to contact the permittee to offer the space. If the manager is unable to contact the permittee as provided under (e)(2) of this section or the permittee declines the offered space or does not respond to the offer within two business days after the manager first contacts or last attempts to contact the permittee, the permittee's opportunity to switch to the new space lapses. In the manner and on the terms of this subsection and (e)(2) of this section, the manager shall, until the space is accepted or the list exhausted, attempt to contact and offer the available space to each successive permittee on the switch list who has listed that space on the permittee's switch request. If no switch-list permittee timely accepts the offer of the available space, the manager shall offer the space to the first individual on the wait list as provided under 17 AAC 42.550.

(g) A permittee who accepts an offer to switch to a new tiedown space shall comply with the requirements of 17 AAC 42.520(t) and (u).

(h) The airport manager shall remove from the switch list the name of a permittee who accepts an offer to switch. The manager shall move to the end of the switch list the name of a permittee whom the manager is unable to contact under (e) of this section, who declines an offer to switch to a new space that the permittee had listed on the permittee's switch request, or who fails to respond to an offer before it lapses.

(i) If the airport manager determines that requiring confirmation of a permittee's desire to remain on a switch list will expedite the issuance of tiedown permits for a category of space, the manager shall request at least the first five permittees on the applicable switch list to confirm that desire. The manager's request for confirmation must be in writing. If the manager does not receive written confirmation from the permittee within 30 days after the date that the manager mails or delivers the request for confirmation to the permittee, the manager shall remove the permittee's name from the applicable switch list.

(j) If a permittee's permit terminates, is cancelled, or expires and is not followed by a subsequent permit, the manager shall remove the permittee's name from the switch list for that category of tiedown space effective as of the date that the permit terminated, was cancelled, or expired.

(k) The airport manager shall mail or deliver to the permittee notice that the permittee's name has been removed from the switch list under (i) or (j) of this section.

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090