NOTICE OF PROPOSED CHANGES ON AIRPORTS
IN THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES

The Department of Transportation and Public Facilities proposes to change regulations on international airports at Anchorage and Fairbanks and rural airports to modify several provisions related to a lease assignment for security purposes, correct grammar, and improve the clarity of provisions.

The Department of Transportation and Public Facilities (DOT&PF) proposes to adopt regulation changes in Title 17, Chapters 42 and 45 of the Alaska Administrative Code, dealing with international airports at Anchorage and Fairbanks and rural airports to include the following:

(1)        17 AAC 42.045(d) is proposed to be changed as follows:  replace existing language with a simpler more direct statement, no change to the overall intent or effect of the provision is intended.

(2)        17 AAC 42.225(b) is proposed to be changed as follows: add a sub-paragraph providing that the airport manager may use the best interest of the state as a consideration in setting or extending the term for a land lease.

(3)        17 AAC 42.265(c)(3) is proposed to be changed as follows: remove “at least” to reduce the requirement to one copy of security assignment documentation.

(4)        17 AAC 42.265(d) is proposed to be changed as follows: clarify some ambiguous language in the paragraph; add a requirement that a security assignment document must include an affirmative duty to notify the airport in writing upon reconveyance; and add language to clarify environmental liability of a security assignee.

(5)        17 AAC 42.265(e) is proposed to be changed to replace “assignor” with “lessee, permittee or concessionaire” to more specifically describe whose obligations are being referenced.

(6)        17 AAC 42.265(f) is proposed to be changed as follows: move a misplaced phrase to the correct location in the sentence.

(7)        17 AAC 42.265(h) is proposed to be added to reinforce that airport consent is required for reassignment of an assignment for security purposes.

(8)        17 AAC 42.275(b) and (c) are proposed to be changed as follows: replace “shall” where “will” is the proper term and correct an error that referred to the denial of an approval where the denial of the request was intended.

(9)        17 AAC 42.990(13) is proposed to be changed as follows: correct a word use error by replacing “assure” with “ensure.”

(10)      17 AAC 45.045(d) is proposed to be changed as follows:  reword existing language with a broader statement which reflects identical language being added to 17 AAC 42.045(d), no change to the overall intent or effect of the provision is intended.

(11)      17 AAC 45.045(f) is proposed to be changed as follows: delete a definition of a term that is no longer used in the proposed regulations.

(12)      17 AAC 45.225(b) is proposed to be changed as follows: add a sub-paragraph providing that the airport manager may use the best interest of the state as a consideration in setting or extending the term for a land lease.

(13)      17 AAC 45.265(d) is proposed to be changed as follows: reorganize the paragraph to clarify ambiguous language in the paragraph and add language to clarify environmental liability of a security assignee.

(14)      17 AAC 45.265(e) is proposed to be changed as follows: amend language to provide consistency between 17 AAC 42.265 and 17 AAC 45.265 regarding sale or further assignment under a security assignment.    

A copy of the proposed regulation changes is attached to this notice on the Alaska Online Public Notice System, http://aws.state.ak.us/OnlinePublicNotices, or can be obtained by contacting Alex Moss, AIAS Planning Manager at dot.aias.staff@alaska.gov, (907)266-2119, or P.O. Box 196960, Anchorage, Alaska, 99519-6960.

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 dot.aias.staff@alaska.gov. Comments must be received no later than 4:00pm on January 6, 2017. 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 dot.aias.staff@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. 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. The DOT&PF will aggregate its response to substantially similar questions and make the questions and response available on Alaska Online Public Notice System.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Alex Moss, AIAS Planning Manager, dot.aias.staff@alaska.gov or (907)266-2119, not later than 4:00pm on December 22, 2016 to ensure that any necessary accommodations can be provided.

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 regulation may be different from that of the proposed regulation. 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 02.15.060; AS 02.15.090; AS 02.15.200; AS 02.15.210; AS 02.15.220; AS 02.15.230

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

Date:   November 30, 2016