Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 27.00 - Boston-logan International Airport - Peak Period Surcharge On Aircraft Operations › Section 27.05 - Peak Period Conditions

Current through Register 1525, July 5, 2024
(1)
Declaration of Peak Period Conditions on Runway
			 Facilities
. Whenever conditions warrant such declaration, and
			 after the notice described in
			 740
			 CMR 27.04 of the Authority's intent to impose
			 a Peak Period surcharge and an opportunity to modify flight levels has been
			 provided as required in
			 740
			 CMR 27.04, the Chief Executive Officer may
			 declare that Peak Period conditions existon the Runway Facilities at BOS and
			 shall specify the hours, days of the week and months comprising such Peak
			 Period. In establishing each Peak Period to be in effect at BOS, the Chief
			 Executive Officer shall take into account data and other information obtained
			 or developed by the Monitoring Program and related projections, information
			 from similar periods during previous years, updated published schedule filings
			 to the extent generally available, and any other information deemed relevant by
			 the Chief Executive Officer.
At least 30 days prior to the effective date of any declaration
				of Peak Period conditions, notice of such declaration, and the specification of
				the hours, days of the week, and months, of the Peak Period, shall be provided
				by the Chief Executive Officer to the FAA, to each Operator providing scheduled
				commercial air transportation services at BOS registered with the Office of the
				Aviation Director, and to each Fixed Base Operator; shall be posted in the
				General Aviation Terminal at BOS; and shall be published in the
Boston
				Globe
and the
Boston Herald
.
(2)
Adjustment of Peak
			 Period
. The Peak Period designated under 740 CMR 27.05(1), and any
			 other subsequent Peak Period established under 740 CMR 27.05(2), are subject to
			 adjustment by the Chief Executive Officer to reflect any change in operating
			 conditions that result in a contraction or expansion of the Peak Period. In
			 establishing any adjustment to the Peak Period, the Chief Executive Officer
			 shall take into account data and other information obtained or developed by the
			 Monitoring Program and related projections, information from similar periods
			 during previous years, updated published schedule filings to the extent
			 generally available, and any other information deemed relevant by the Chief
			 Executive Officer.
Advance notice of a potential expansion in the Peak Period
				shall be provided in the same manner as the advance notice of Over scheduling
				provided in
				740
				CMR 27.04 for the purpose of providing
				Operators an opportunity to modify schedules or other intended use of BOS in
				order to avoid an expansion of the Peak Period and to allow FAA, if it chooses,
				the opportunity to establish or participate in the process to examine, and if
				appropriate, implement such voluntary modification in flight levels. In the
				event the Chief Executive Officer determines that such action is necessary to
				avoid imminent occurrence, the Peak Period may be adjusted without the notice
				proof Over scheduling conditionsvided for in 740 CMR 27.05(2), but subject to
				the provision of notice as required in the ensuing paragraph.
At least 30 days prior to any adjustment to the Peak Period,
				notice of such adjustment shall be provided by the Chief Executive Officer to
				the FAA, to each Operator providing scheduled commercial air transportation
				services at BOS registered with the Office of the Aviation Director and to each
				Fixed Base Operator at BOS; shall be posted in the General Aviation Terminal at
				BOS; and shall be published in the
Boston Globe
and the
Boston Herald
.