Title 17 . Transportation and Public Facilities

Chapter 42 . Miscellaneous Provisions

Section 900. Evaluation of best interest of the state

17 AAC 42.900. Evaluation of best interest of the state

(a) This section provides guidance to the airport manager and other decision makers under this chapter when a provision of this chapter calls for consideration of the best interest of the state.

(b) The best interest of the state contemplates an action or practice that best promotes and maintains, consistent with state and federal law, a strong airport and aviation environment for the benefit of the traveling and shipping public. This interest is served through decisions that allow and encourage air service providers, corporate aircraft operators, private pilots, and others in the aviation industry to serve public and private needs without unreasonable expense or interference.

(c) The department will seek to operate the Alaska International Airports System and the rural airports system to accomplish the goals described in (b) of this section by considering, as applicable to a particular decision, such factors as

(1) the safe, effective, and efficient operation of each affected airport;

(2) the safety of

(A) the traveling public and other persons;

(B) each affected airport; and

(C) aircraft and other property;

(3) the encouragement of economic development both statewide and in the community in which an affected airport is located, including the growth of

(A) a strong aviation industry;

(B) air passenger and air cargo services; and

(C) tourism and other commerce;

(4) the continued development of

(A) the international and rural airports systems;

(B) aviation services that are open to all users; and

(C) business and non-commercial enterprises on airport property;

(5) the protection of

(A) state resources;

(B) public health and the environment; and

(C) a person's lease, permit, or concession rights;

(6) compliance with

(A) applicable provisions of this chapter and of any other statutes or regulations, including any relating to noise or airport land use;

(B) applicable airport bond covenants, including the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550;

(C) goals of financial self-sufficiency for the International Airports Revenue Fund established under AS 37.15.430 ;

(D) provisions of any other program or plan required for compliance with applicable federal or state law; and

(E) the state's obligations under leases and other contracts and agreements to which the state is a party, including applicable FAA grant assurances adopted by reference under 17 AAC 42.010(d) ;

(7) minimizing

(A) the impact of the airport on surrounding communities, including noise; and

(B) interference with aviation activities at the airport;

(8) sound airport planning and considerations of security, maintenance, and operation of each affected airport; and

(9) whether a requested lease, permit, or concession or a material amendment of a lease, permit, or concession, either alone or combined with any other interest the applicant holds at the airport, would

(A) exceed the applicant's needs, including reasonable future expansion, and limit the availability of land or building space for uses of equal or higher priority under this chapter; or

(B) result in the monopolization of an aviation use on the airport.

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

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.200

AS 02.15.220

AS 02.15.230

AS 37.15.470

AS 37.15.540