Title 17 . Transportation and Public Facilities

Chapter 42 . Miscellaneous Provisions

Section 990. Definitions

17 AAC 42.990. Definitions

In this chapter, unless the context requires otherwise,

(1) "air carrier" means a person engaged in the transportation of passengers or cargo in air commerce for compensation;

(2) "air freight forwarding" means

(A) accepting or consolidating goods or property for delivery to an air carrier for transport as cargo; and

(B) receiving cargo from an air carrier for surface delivery to or pick-up by the cargo consignee;

(3) "aircraft" has the meaning given in AS 02.15.260 ;

(4) "aircraft operation" means the fuel powered or electrically powered rotation of an aircraft engine installed in or on an aircraft, as well as the movement of an aircraft under its own power; "aircraft operation" includes testing, runup, taxiing, take-off, landing, and all other activity of an aircraft from the start of the first propeller, rotor, turbine, or engine until all engine, propeller, rotor, or turbine rotation ceases;

(5) "airport" has the meaning given in AS 02.15.260 , but includes only Ted Stevens Anchorage International Airport and Fairbanks International Airport;

(6) "airport form" means a written form that the department has prepared for use under this chapter;

(7) "airport manager" means the department employee the commissioner has designated to supervise an airport or that person's designated representative;

(8) "airworthy" means the condition of an aircraft that is legally authorized and mechanically capable of flight through the air;

(9) "appraisal" means an unbiased estimate of, as applicable, the nature, quality, dollar value, or utility of an interest in, or aspect of, identified real estate and related personalty;

(10) "assignee" means a person who receives an interest under an assignment of a lease, permit, or concession;

(11) "assignment" means the transfer to another person of all or part of the interest of a lessee, permittee, or concessionaire in a lease, permit, or concession and includes a merger, consolidation, or a cumulative transfer of controlling interest of a lessee, permittee, or concessionaire;

(12) "assignment for security purposes" means an assignment that grants to a creditor an interest in a lease, permit, or concession, including improvements, as collateral to assure payment or performance of a debt, loan, or other obligation by the lessee, permittee, or concessionaire;

(13) "assignor" means a lessee, permittee, or concessionaire who is the grantor in an assignment;

(14) "auxiliary use" means any business, service, or other function that is neither an aviation use nor a nonaviation use and is located and carried out on an airport for the convenience of the air traveling public, aviation businesses on the airport, or the employees necessary to the maintenance and operation of an airport; "auxiliary use" includes the following:

(A) air freight forwarding;

(B) ground transportation services not operated by the department, such as a taxicab service, an airport limousine or shuttle service, a rental car agency, or a vehicle parking business;

(C) in-flight catering;

(D) hotel accommodation;

(E) restaurant service;

(F) in-terminal concessions;

(15) "aviation fuel" means any petroleum distillate or other product manufactured, distributed, or sold for use as a propellant for aircraft engines, including aviation gasoline, turbine fuel, and automotive gasoline when used in an aircraft;

(16) "aviation use" means any business, service, or other function that directly involves, or is necessary for, the normal operation of aircraft that use an airport; "aviation use" includes the following:

(A) aircraft loading, unloading, tiedown, parking, storage, sales, service, rental, maintenance, or repair;

(B) sale or storage of aviation fuel and aviation petroleum products;

(C) pilot training;

(D) air charter or air taxi service;

(E) airport terminal building;

(F) air carrier operations;

(G) aircraft ground handling;

(H) aircraft parts sales;

(I) air traffic control tower, air navigation aid, and aviation weather instrumentation;

(17) "base of operations" means the location at which an aircraft spends the greatest time not in flight on an annual basis or, for a float-equipped aircraft, either on an annual basis or during the period the airport float facility is unfrozen and open for use;

(18) "bonus bid" means an offer of a one-time payment, excluding rent or other fees, offered by a bidder in a competitive solicitation under this chapter;

(19) "building lease" means a lease of all or a portion of a structure owned by the state, including space in a department-operated terminal building, regardless of whether the lease also grants the right to use or occupy land;

(20) "calendar year" means the period from January 1 through December 31 of each year;

(21) "certified activity report" means a report that a lessee, permittee, concessionaire, aircraft operator, or other airport user must submit to the airport manager to report gross sales, fuel deliveries, passenger and cargo volumes, number of landings, CMGTW, or other information;

(22) "CMGTW" means the certificated maximum gross takeoff weight of an aircraft as established by the FAA;

(23) "commercial fueling service"

(A) means the selling or offering for sale of

(i) fuel;

(ii) fuel storage;

(iii) fuel delivery; or

(iv) fuel dispensing;

(B) excludes self-fueling;

(24) "commercial passenger vehicle" means a taxi cab, limousine, van, bus, motor coach, shuttle, or other motor vehicle used to transport passengers for compensation; "commercial passenger vehicle"

(A) includes a vehicle used

(i) to transport passengers as part of a pre-ticketed tour or excursion; or

(ii) as a "courtesy car" that is owned or operated by a hotel, motel, lodge, other place of public accommodation, or other business and used to transport guests or customers of that business to or from an airport, except that at Fairbanks International Airport "commercial passenger vehicle" includes only those described vehicles for which the operator charges a fare; and

(B) does not include a vehicle operated by

(i) a commercial air carrier only to transport the air carrier's customers and employees;

(ii) a vehicle rental business; or

(iii) a valet parking service or airport parking service;

(25) "commissioner" means the commissioner of the Department of Transportation and Public Facilities or the commissioner's designated representative;

(26) "concession" means a written agreement with the department, other than a permit, land lease, or building lease, that authorizes the holder of the agreement to operate a business on an airport or to derive business from the airport and that requires the holder to pay the department on a basis other than land or building rent only;

(27) "concessionaire" means the operator of a concession;

(28) "contamination" means the unpermitted presence of any released hazardous substance;

(29) "control device" means a sign, signal, marking, barrier, or other device designed to regulate conduct or activity on an airport and erected or placed by authority of the airport manager;

(30) "courtesy car" has the meaning given in AS 02.15.095 ;

(31) "department" means the Department of Transportation and Public Facilities;

(32) "engine runup" means operation of an aircraft engine, except in direct conjunction with a flight arrival or departure, for the purposes of maintenance, repair, and testing;

(33) "environmental assessment" means an assessment of property, prepared in a manner consistent with generally accepted professional practices, that is supported by reports and tests that determine the environmental condition of property and the presence, type, concentration, and extent of any hazardous substance in, on, or under the surface of the property;

(34) "environmental law" means any federal, state, or local statute, regulation, ordinance, code, permit, order, decision, or judgment from a governmental entity relating to environmental matters, including littering and dumping; "environmental law" includes, as applicable, 42 U.S.C. 7401-7671q (Clean Air Act); 33 U.S.C. 1251-1387 (Federal Water Pollution Control Act); 42 U.S.C. 6901-6992k (Resource Conservation and Recovery Act); 42 U.S.C. 9601-9657 (Comprehensive Environmental Response, Compensation, and Liability Act); 49 U.S.C. 5101-5127 (Hazardous Materials Transportation Act); 15 U.S.C. 2601-2692 (Toxic Substances Control Act); AS 46 (Alaska Water, Air, Energy, and Environmental Conservation Acts); and the provisions of 18 AAC (Environmental Conservation), implementing AS 46;

(35) "exclusive right" means the department's grant of a lease, permit, or concession that authorizes a person to exercise a specific right, use, or privilege on an airport to the exclusion of all other persons;

(36) "FAA" means the Federal Aviation Administration;

(37) "fair market rent" means the most probable periodic rental payment, in dollars, that a property would bring in a competitive and open market under all conditions necessary for an equitable rental, the property owner and tenant each acting willingly, prudently, knowledgeably, and at arm's length;

(38) "first amendment activity" means

(A) the dissemination of information and expression of ideas to the general public by speech, written materials, photographs, demonstrations, or other means; and

(B) the collection of information or donations from the general public;

(39) "fuel" means any motor fuel or liquid heating fuel; "fuel" includes gasoline, aviation gasoline, jet fuel, diesel fuel, kerosene, propane, and liquid propane gas;

(40) "fueling" means delivering or dispensing fuel, defueling, and refueling or any other transfer of fuel on airport property;

(41) "general aviation use area" means

(A) at Ted Stevens Anchorage International Airport, those lease areas designated for light aircraft operations and located primarily at the Lake Hood Seaplane Base and the Lake Hood Strip facilities; and

(B) at Fairbanks International Airport, those lease areas directly associated with general aviation operations and activities east of Runway 01L/19R;

(42) "government agency" includes the United States, the state, and political subdivisions of the state;

(43) "hazardous substance" means any substance that is defined under an environmental law as hazardous waste, hazardous substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil;

(44) "holdover" means continued occupancy of a premises by the lessee or concessionaire after the date of expiration of the lease or concession when the continued occupancy has the consent of the airport manager and is in accordance with the terms of the lease or concession;

(45) "land lease" means a lease of state land managed as part of an airport and under which the lessee covenants to erect certain permanent improvements on the land according to specification and to maintain the improvements during the term of the lease; "land lease" does not include a grant of a right to use or occupy a state-owned building;

(46) "lease" means a written agreement that creates a relationship between the department, as landlord, and a person, as tenant, and that grants to the tenant the possession of airport land or building space for a determined period of time;

(47) "lessee" means a person legally competent to enter into contracts and who enters into a lease with the department;

(48) "lessor" means the department acting in the department's capacity as grantor of a lease on airport property;

(49) "mail" means to send by first class or higher priority service via the United States Postal Service or a comparable level of delivery service via a nationally recognized private carrier of correspondence and other communications;

(50) "mailing" means when the post office or private carrier takes possession of the item mailed;

(51) "manager" means airport manager;

(52) "material amendment" means a written change to a lease, easement, right of way, concession, or permit that increases the size of the premises, extends the term, or changes the authorized use of the premises; "material amendment" does not include an adjustment to charges, rents, or fees or a change in the configuration or size of a premises that results from a minor boundary survey adjustment;

(53) "materially contribute to" means to cause the release or migration of a hazardous substance in a reportable quantity as defined under an applicable environmental law;

(54) "mobile fuel tank" means a truck or trailer with a mounted container designed or used for holding, transporting, or dispensing fuel;

(55) "nonaviation use"

(A) means any business, service, or function that

(i) is not an aviation or auxiliary use;

(ii) is not directly or indirectly related to aviation or to the air traveling public;

(iii) does not offer a product or service that is specially related to aircraft operations or to air transportation; or

(iv) is located or operated to derive revenue primarily from members of the public not using air transportation services; and

(B) includes a grocery store, liquor store, lumber yard, agricultural activity, golf course, automobile service station, shopping center, and bowling alley;

(56) "permanent fuel storage tank" means a container designed and constructed for storing fuel and either installed under ground or installed above ground and fixed to a concrete or piling foundation anchored in the ground;

(57) "permanent improvement" means a fixed addition or change to land that is not temporary or portable; "permanent improvement" includes a building, building addition, retaining wall, storage tank, well, driveway, and parking area; "permanent improvement" does not include

(A) site development work or materials, such as earthwork, fill material, gravel, or pavement; and

(B) items of ordinary maintenance, such as glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor covering replacement, or pavement patching;

(58) "permit" means a written, revocable authorization the department issues that allows a person to perform an act on an airport;

(59) "permittee" means a person who enters into a permit agreement with the department;

(60) "person" has the meaning given in AS 01.10.060 ;

(61) "premises" means property that is on an airport and is the subject of a lease, permit, or concession; for purposes of this paragraph, "property" includes land managed as part of an airport, space in a state-owned building, and other state-owned facilities and improvements;

(62) "release" has the meaning given in AS 46.03.826 ;

(63) "remaining useful life" means the period during which an existing building or structure, considering its age and condition, with normal wear and tear and prudent, cost effective maintenance and without major repairs or replacements can reasonably be expected to continue to perform fully the function for which it was designed or intended;

(64) "responsible for" when used in regard to contamination, means having caused or materially contributed to, assumed under an assignment, or being otherwise liable for by law or contract;

(65) "restricted area" means those areas of an airport, building, or facility where the airport manager has limited or controlled access for security and safety purposes;

(66) "self-fueling" means the dispensing of fuel to an aircraft or vehicle using fueling apparatus owned or leased by the owner or operator of the aircraft or vehicle;

(67) "site development" or "site development work" means activities to prepare land for construction of a building or other structure or to provide a firm surface on which to operate a vehicle or aircraft; "site development work" includes efforts used in clearing, mucking, grubbing, and filling some or all of a site;

(68) "site development materials" means materials used for site development; "site development materials" includes geotextile, fill, gravel, paving, and pavement reinforcement materials;

(69) "sublease" means a transaction or agreement under which a lessee, permittee, or concessionaire leases, rents, or otherwise grants occupancy rights to all or a portion of a premises or improvements on a premises to another person; "sublease" does not include the assignment of a lease, permit, or concession;

(70) "sublessee" means a person who leases, rents, or otherwise receives occupancy rights under a sublease;

(71) "Ted Stevens Anchorage International Airport" means all of the land and facilities of the international airport at Anchorage, including Lake Hood Seaplane Base, Lake Hood Strip, and other general aviation facilities;

(72) "tiedown" or "tiedown space" means a designated location at an airport where a specified person or persons are given permission under a permit issued under 17 AAC 42.500 - 17 AAC 42.599 or 17 AAC 42.600 - 17 AAC 42.699 to park one or more specified aircraft, regardless of whether the location is equipped with facilities for securing an aircraft to the ground;

(73) "transient aircraft" means an aircraft that is not parked on a premises or in a tiedown space;

(74) "transient aircraft parking area" means an area designated by the airport manager for parking transient aircraft under 17 AAC 42.030 and 17 AAC 42.035;

(75) "useful life" means the life expectancy of a building or other structure during which, with normal wear and tear and prudent, cost effective maintenance, and without major repairs or replacements, it can reasonably be expected to perform fully the function for which it was designed or intended;

(76) "vehicle" means a motorized device, other than an aircraft, upon or by which a person or property may be transported or drawn;

(77) "vehicle rental business" means the activity of renting or leasing or offering to rent or lease vehicles for use by others and that

(A) operates on an airport; or

(B) derives business from an airport and picks up, offers to pick up, or arranges for pick-up of customers at the airport;

(78) "airport parking service" means the activity of providing vehicle parking for airport users or visitors; "airport parking service" does not include the incidental provision of vehicle parking by a business or activity for users of or visitors to only that business or activity;

(79) "valet parking service" means the activity of providing or offering to provide vehicle parking for airport users or visitors and in which the parking service

(A) parks or otherwise drives or offers to drive a customer's vehicle; or

(B) offers or arranges for transportation of an airport user or visitor between the parking location and a location on the airport.

History: Eff. 1/14/2001, Register 157; am 10/20/2002, Register 164; am 11/1/2003, Register 168

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.200

AS 37.15.500