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

Current through June, 2024
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.