17 AAC 45.530. Assigned-space permit

(a) The term of an assigned-space permit at an airport is five years unless the department determines that a shorter term is in the best interest of the state.

(b) In addition to the requirements and conditions stated in 17 AAC 45.510, the following requirements and conditions apply to assigned-space permits:

(1) the permittee may park on the assigned space only an aircraft identified in the permit;

(2) within 90 days after the effective date of the permit, the permittee must begin parking on the assigned space an aircraft identified in the permit;

(3) if the department requires access to a permittee's assigned space for construction, repair, or other purposes, the department may temporarily assign an alternate space to the permittee for the duration of the department's need for the space, subject to the following:

(A) except in the case of an emergency, the department will give the permittee at least 10 days written notice of the temporary assignment;

(B) during the temporary assignment period, the permittee shall pay rent for the temporary space only, at the rate applicable to either the temporary space or the permittee's assigned space, whichever is less;

(4) a permittee who has a permit that authorizes use of an assigned space to park an aircraft used in a commercial aviation business may also use the space for noncommercial purposes;

(5) the department is not obligated to perform snow removal or other maintenance or repair in an assigned space;

(6) a permittee may not transfer, assign, sublet, or loan an assigned space to another person;

(7) as between the department and the permittee, the permittee assumes sole responsibility for the care and protection of the permittee's aircraft parked on the assigned space;

(8) upon written request by the department at any time during the term of the permit, the permittee shall submit to the department additional information requested by the department to support the permittee's compliance with the applicable requirements of 17 AAC 45.500 - 17 AAC 45.590;

(9) a permittee must notify the department of any change in mailing address, telephone or facsimile number, or electronic-mail address.

(c) During a period for which the department determines that the demand for transient aircraft fee parking space at an airport exceeds, or will exceed, the transient aircraft fee parking space available, the department will, at least 10 days after mailing or delivering written notice to each assigned-space permittee at the most recent address provided by the permittee, make each assigned space available for transient aircraft fee parking when the space is not occupied. The notice will include a statement of the beginning and ending dates of the period during which the department anticipates that assigned space will be needed to accommodate transient aircraft parking needs. If an assigned-space permittee notifies the department in advance in writing that, during the period stated in the notice, the permittee's aircraft will be absent from the assigned space for more than 21 consecutive days, specifying the beginning and ending dates of the anticipated absence, then during the period of absence stated in the permittee's notice to the department,

(1) the department may authorize others to use the assigned space for transient aircraft fee parking under 17 AAC 45.600 at their sole risk;

(2) the department will credit to the permittee's space rent obligation one half of any transient aircraft fee parking revenue that the department collects from transient use of the permittee's space; and

(3) the permittee may not park an aircraft or vehicle in the assigned space.

(d) For up to 180 days after the death of an assigned-space permittee, the personal representative of the permittee's estate may, after written notice to the department, keep the permit in order to sell or remove the permittee's aircraft and any improvements. The personal representative shall pay any unpaid rent for the space through the date the space is relinquished to the department under (h) of this section and shall comply with and be subject to all the terms of the permit through that date.

(e) A permittee who desires to renew an expiring assigned-space permit must, at least 30 days before the expiration date of the permit, submit to the department an application for a renewal permit for the space. The application must be on a form provided by the department and must include

(1) a non-refundable $50 application fee; and

(2) a statement signed by the permittee stating

(A) that the permittee is in compliance with the expiring permit and this chapter;

(B) the interest that the applicant owns or leases in each aircraft identified on the expiring permit, together with the name of and interest held by all other persons who own or lease an interest in that aircraft; and

(f) Subject to any limit on the number of permits a person may hold for a category of permit under 17 AAC 45.500(e) , the department will approve an assigned-space permittee's application for a renewal permit unless the department determines that

(1) the assigned space is needed for airport development or other state purpose;

(2) the permittee is not in compliance with the expiring permit or the applicable provisions of 17 AAC 45.500 - 17 AAC 45.590;

(3) the permittee is not the owner or lessee of at least a one-third interest in each aircraft listed on the expiring permit and that the permittee proposes to list on the renewal permit;

(4) no aircraft listed on the expiring permit and that the permittee proposes to list on the renewal permit is airworthy and the permittee does not provide reasonable assurance that at least one aircraft will be made airworthy or replaced within the period provided under 17 AAC 45.510(e) ; or

(5) the application must be denied under 17 AAC 45.010(g) .

(g) The department may, for good cause shown, approve a request by an assigned-space permittee or permittee's personal representative, as applicable, to extend the period of time to perform an act required under 17 AAC 45.510(e) or under (d) of this section. The request must be in writing and must include justification for the request and a date by which the required act will be completed. Any extension or combination of extensions granted under this subsection will not exceed 90 days.

(h) After the expiration or cancellation of an assigned-space permit, the departing permittee remains responsible to pay rent to the department and to abide by all other permit obligations, including maintenance of the space, through the date on which the permittee relinquishes possession of and completely vacates the space. A departing permittee will not be considered to have relinquished possession and completely vacated the space until the permittee has

(1) remediated, consistent with applicable law, any contamination for which the permittee is responsible under this chapter;

(2) restored the space to a clean and neat physical condition acceptable to the department; and

(3) removed all of the permittee's personal property from the space, except for any aircraft tiedown anchoring device that the department has not authorized to be removed.

(i) An assigned-space permittee may protest the department's denial of the permittee's application to renew an expiring permit under (f) of this section or the department's denial of a request to extend the period to perform an act under (g) of this section in accordance with 17 AAC 45.910.

History: Eff. 3/28/2002, Register 161

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

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