Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 9 - Miscellaneous Provisions › 17 AAC 45.900 - Evaluation of best interest of the state

Current through May 31, 2024
(a) This section
				provides guidance to the airport manager and other decision makers acting for
				the department 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 rural airport system of this state;
(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 45.010(e);
(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
				established in
				17 AAC 45.210(e);
				or
(B) result in the monopolization
				of an aeronautical use on the airport.