NOTICE OF PROPOSED CHANGES ON INTERNATIONAL AIRPORTS
IN THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
The Department of Transportation and Public Facilities (DOT&PF) proposes to change regulations on international airports at Anchorage and Fairbanks creating new categories of airport users and deleting old categories, updating regulations in various instances consistent with current airport practices or for clarity, and providing a variety of other updates on topics such as business licensing, permitting and leasing practices, and procurement.
The Department of Transportation and Public Facilities (DOT&PF) proposes to adopt regulation changes in Title 17, Chapter 42 of the Alaska Administrative Code, dealing with international airports at Anchorage and Fairbanks to include updates to legal or regulatory citations, amendments to airport practices relating to parking and permitting, incorporating specific references to the Transportation Security Administration, amending language for readability and clarity or to ensure consistency with airport practices, updating in one or more instances insurance requirements, updates to various business licensing or permitting requirements, revisions to impoundment procedures, adding a category of airport user that may be exempt from rents and fees, deleting old categories of airport users (aviation use, non-aviation use, and auxiliary use) and creating two new categories of airport users (aeronautical use and non-aeronautical use), amending proposal evaluation practices, amending how the initial term of float or wheel permits are set, deleting transitional compliance provisions, amending first amendment regulations, amending language regarding how lease term is set or extended, and deleting, amending, and updating various definitions. You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Alex Moss, AIAS Planning Manager at P.O. Box 196960, Anchorage, Alaska, 99519-6960. Additionally, the DOT&PF will accept comments by electronic mail at alex.moss@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the "comment" link. The comments must be received no later than 5:00pm on July 10, 2015. Written comments received are public records and are subject to public inspection.
You may submit written questions relevant to the proposed action to Alex Moss, AIAS Planning Manager at P.O. Box 196960, Anchorage, Alaska, 99519-6960 or by email to alex.moss@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The DOT&PF will aggregate its response to substantially similar questions and make the questions and response available on Alaska Online Public Notice System. The DOT&PF may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.
A copy of the proposed regulation changes and material proposed for adoption by reference is attached in the Alaska Online Public Notice System and by contacting Alex Moss, AIAS Planning Manager at (907)266-2540, or P.O. Box 196960, Anchorage, Alaska, 99519-6960.
After the public comment period ends, the DOT&PF will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected.
Statutory Authority: AS 02.10.010; AS 02.15.020; AS 02.15.060; AS 02.15.090; AS 02.15.200; AS 44.42.030
Statutes Being Implemented, Interpreted, or Made Specific: AS 02.15.020; AS 02.15.050; AS 02.15.060; AS 02.15.070; AS 02.15.090; AS 02.15.095; AS 02.15.200; AS 02.15.210; AS 02.15.220; AS 02.15.230; AS 02.15.240; AS 37.15.470; AS 37.15.500; AS 37.15.540Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: May 15, 2015
/s/
John R. Binder, Deputy Commissioner
ADDITIONAL REGULATIONS NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Department of Transportation and Public Facilities
2. General subject of regulation: International Airports
3. Citation of regulation (may be grouped): 17 AAC 42.005 – 42.990
4. Department of Law file number, if any: None
5. Reason for the proposed action:
( ) Compliance with federal law or action (identify):
( ) Compliance with new or changed state statute
( ) Compliance with Federal or state court decision (identify)
( x ) Development of program standards
( x ) Other (identify): corrections to outdated provisions
6. Appropriation/Allocation: None
7. Estimated annual costs in the aggregate to comply with the proposed action to:
Private Persons: There is no immediate lease rate impact. Rent change based on lease renewal dates of existing auxiliary land use leases is shown on the below chart.
Other State Agencies: None
Municipalities: None
| Year | ANC Annual Change | FAI Annual Change | Cumulative Annual Change |
| 1 | $33,232 | $54,018 | $87,250 |
| 2 | $21,782 | $0 | $21,782 |
| 3 | $25,308 | $0 | $25,308 |
| 4 | $98,680 | $9,760 | $108,440 |
| 5 | $133,676 | $15,686 | $149,362 |
| 6 | $0 | $5,280 | $5,280 |
| 7 | $16,636 | $0 | $16,636 |
| 8 | $5,813 | $0 | $5,813 |
| 9 | $23,370 | $0 | $23,370 |
| 10 | $0 | $0 | $0 |
| 15 | $76,570 | $1,493 | $78,063 |
| 20 | $43,058 | $0 | $43,058 |
| 25 | $0 | $2,200 | $2,200 |
| 30 | $88,160 | $0 | $88,160 |
| 35 | $0 | $0 | $0 |
| 40 | $21,946 | $0 | $21,946 |
| 45 | $93,501 | $0 | $93,501 |
| 50 | $57,395 | $59,564 | $116,959 |
| Total | $739,128 | $148,000 | $887,128 |
For those existing auxiliary use leases where an amendment or renewal action is proposed and the land use under the renewed or amended lease is proposed to be non-aeronautical, the rental rate will go from the auxiliary rate of $0.12 per square foot per year to fair market rent. For the purposes of this form, the FMR was calculated at $0.88 per square foot per year at Anchorage International (ANC) and $0.22 per square foot per year at Fairbanks International (FAI).
8. Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year Subsequent
FY 16 Years
Operating Cost $ 0 $ 0
Capital Cost $ 0 $ 0
1002 Federal receipts $ 0 $ 0
1003 General fund match $ 0 $ 0
1004 General fund $ 0 $ 0
1005 General fund/
program $ 0 $ 0
1037 General fund/
mental health $ 0 $ 0
Other $ 0 $ 0
9. The name of the contact person for the regulations:
Name: Alex Moss
Title: AIAS Planning Manager
Address: P.O. Box 196960, Anchorage, AK 99519-6960
Telephone: (907)266-2540
E-mail address alex.moss@alaska.gov
10. The origin of the proposed action:
__x__ Staff of state agency
_____ Federal government
__x__ General public
_____ Petition for regulation change
_____ Other (identify)
11. Date: May 15, 2015 Prepared by: ____/s/_________________________
Name (printed): William A. Moss
Title (printed): AIAS Planning Manager
Telephone: (907)266-2540