Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 21.00 - Boston-logan International Airport, Laurence G. Hanscom Field, And Worcester Regional Airport - General Provisions › Section 21.24 - Aircraft Fees

Current through Register 1525, July 5, 2024
(1)
(a) F or the purposes of 740 CMR 21.24(1),
			 the following terms shall have the following meanings:
Certificated air carrier landing
				operations
shall mean all landing operations that are not general
				aviation landing operations or commuter landing operations.
Commuter landing operations
shall mean
				all landing operations in fixed wing aircraft with a maximum passenger seating
				capacity of not more than 56 passengers conducted by a scheduled
				carrier.
(b) No operator
			 shall land or take off or otherwise utilize the public airfield facility for
			 operation of a civil aircraft, as defined in Section 101(17) of the Federal
			 Aviation Act of 1958, as amended, (excluding aircraft involved in medical
			 missions or emergency operations, as determined by the Executive Director)
			 except upon payment of all applicable fees and charges established in
			 740 CMR 21.00 or otherwise
			 prescribed from time to time by the Authority, which shall include a landing
			 fee.
(c)
1.
The landing fee shall be designed to recover the Authority's
				annual projected costs allocated to the airfield facility, including without
				limitation, administrative, maintenance, operational and capital expenses. This
				fee shall consist of two components: an operation fee to recover costs
				allocable to aircraft operations irrespective of size of the aircraft and a
				weight-based fee to recover costs allocable to the size of an aircraft on the
				basis of nominal gross landed weight.
2. The cost categories to be included in the
			 calculation of the operation fee shall be those set forth in Appendix A, and
			 the cost categories to be included in the calculation of the weight-based fee
			 component of the landing fee shall be those set forth in Appendix B. Airfield
			 cost categories that are not assigned to either the operation fee and/or to the
			 weight-based fee shall be defined as "unassigned costs" and shall be those set
			 forth in Appendix C and shall be apportioned to the operation and the
			 weight-based fee components in accordance with the following formula:
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3. Costs incurred by the Authority that are
			 allocated to the airfield facility following the enactment of
			 740 CMR 21.00 that do not
			 fall within the categories listed in Appendix A, Appendix B or Appendix C shall
			 be categorized by the Executive Director as "operations", "weight-based" or
			 "unassigned" costs and included in the appropriate Appendix for purposes of
			 calculating the landing fee according to whether such costs are either
			 assignable to aircraft operations irrespective of the size of the aircraft
			 landing operation (in which event such costs shall be deemed listed in Appendix
			 A), assignable to the size of aircraft on the basis of nominal gross landed
			 weight (in which event such costs shall be deemed listed in Appendix B) or not
			 assigned (in which event such costs shall be deemed listed in Appendix
			 C).
4. Except as otherwise provided
			 in
			 740 CMR 21.00, the rate for
			 the operation component of the landing fee applicable to each landing shall be
			 calculated by dividing the total of all costs assigned as operation costs
			 pursuant to 740 CMR 21.24(1)(c)2. and 3., by the total number of landing
			 operations projected to be conducted at Boston-Logan for the fiscal year for
			 which the fee is being calculated. Except as otherwise provided in
			 740 CMR 21.00, the rate for
			 weight-based component of the landing fee per aircraft shall be calculated by
			 dividing the total of all costs assigned as weight-based costs pursuant to 740
			 CMR 21.24(1)(c)2. and 3., by the total aggregated nominal gross landed weight
			 of all aircraft projected to land at Logan during the fiscal year for which the
			 fee is being calculated (expressed in 1,000 pound units). The total landing fee
			 for each civil aircraft landing operation (excluding aircraft involved in
			 medical missions or emergency operations, as determined by the Executive
			 Director) shall be the sum of the operation fee component and the weight-based
			 fee component calculated by multiplying the rate for the weight-based fee
			 component by the nominal gross landed weight of the landing aircraft (expressed
			 in 1,000 pound units).
5. Effective
			 as of 12.01 A.M., December 28, 1988, the 740 CMR 21.24(1) and 21.24(4) as
			 adopted by separate Resolutions of the Authority on March 16, 1988, are hereby
			 suspended temporarily until further notice in accordance with 740 21.24(6) and
			 the following provision shall be in effect in lieu thereof:
No operator shall land or take off in an aircraft or otherwise
				utilize the public airfield facility for operation of an aircraft, except upon
				payment of fees and charges established in
				740 CMR 21.00 or otherwise
				prescribed from time to time by the Authority. Such charges shall include (but
				not be limited to) a weight-based landing fee payable by each operator using
				Logan for each landing operation provided that the following minimum landing
				fee levels shall apply for each such operation: $25.00 for fixed wing aircraft,
				and $10.00 for rotary wing aircraft.
6. Upon receipt of a Decision from the
			 reviewing court(s) which in the opinion of the Chief Legal Counsel constitutes
			 a determination that the landing fee structure in 740 CMR 21.24(1) and/or
			 exemption provision in 740 CMR 21.24(4) is/are lawful, the Executive Director
			 is hereby authorized to reinstate 740 CMR 21.24(1) or (4) or both 740 CMR
			 21.24(1) and (4), as appropriate, upon the provision of no less than seven days
			 notice published in a newspaper of general circulation in the Boston area and
			 to establish appropriate landing fee rates in accordance with 740 CMR 21.24(1).
General aviation landing operations
shall mean all landing operations that do not involve transportation for hire
				or that are air taxi operations (as that term is currently defined in Title 14,
				§ 298 of the Code of Federal Regulations) not conducted pursuant to a
				schedule published in the Official Airline Guide.