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 27.09 - Limitation on Number of Automatic Exemptions Under 740 CMR 27.07 and Special Circumstances Exemptions Under 740 CMR 27.08

Current through Register 1525, July 5, 2024
(1)
Limit on Number of Flights from Qualifying Communities Exempted
			 from Requirement to Pay Peak Period Surcharge
. The total number of
			 exemptions under
			 740 CMR
			 27.07 and/or
			 740 CMR
			 27.08 between BOS and each pertinent
			 qualifying airport shall not exceed the number of non-stop commercial passenger
			 flights provided in August, 2003 pursuant to a published schedule (including
			 allowance for Extra Sections) between that airport and BOS during the hours
			 comprising any relevant Peak Period at BOS, provided, however, that each
			 qualifying airport shall receive exemptions for a minimum offour total non-stop
			 commercial passenger published schedule Operations per day during the Peak
			 Period.
The total number of exempted flights for airports that have
				Operations eligible for exemption under
				740 CMR
				27.07 is set out in
				740 CMR 27.14:
Appendix A
, which provides the number of flights based on the
				August 2003 published schedule (including allowance for Extra Sections) and an
				illustrative number of available exemptions per qualifying airport based on an
				assumed Peak Period of 4:00 P.M. to 7:59 P.M. The total number of exemptions
				available to the qualifying airport may be expanded or contracted, as the case
				may be, from the totals shown in
				740 CMR 27.14:
Appendix A
to reflect the actual hours comprising the Peak
				Period and the flights conducted to and from such qualifying airport during
				said period based upon the August 2003 published schedule (including allowance
				for Extra Sections) provided, however, that each qualifying airport shall
				receive exemptions for a minimum of four total non-stop commercial passenger
				published schedule Operations per day during the Peak Period.
The total number of flights available for exemption under
				740 CMR
				27.08 shall be established at the time of
				application for and approval of such exemption request provided, however, that,
				if the Special Circumstances Exemption application is approved, subsequent
				adjustments (upward or downward, as the case may be) shall be made to reflect
				actual hours of the Peak Period and the flights conducted to and from such
				qualifying airport during said period based upon the August 2003 schedule
				(including allowance for Extra Sections), and provided further that each
				qualifying airport shall receive a minimum of four total non-stop commercial
				passenger published schedule Operations per day during the Peak
				Period.
(2)
Allocation of Available Exemptions Among Competing Scheduled
			 Operators
. In the event a qualifying airport is served by more
			 than one Operator that provides published schedule year round service, the
			 number of exemptions available shall be allocated among such Operators in
			 alternating sequence. The initial order of sequencing shall be determined by
			 the Chief Executive Officer and this order shall change in alternating sequence
			 each month. In the event a qualifying airport is served by additional Operators
			 that provide non-stop published scheduled service between that airport and BOS
			 on less than a year round (seasonal) basis, exemptions shall be available for
			 published schedule nonstop Operations conducted by such scheduled service
			 Operators during the Peak Period only to the extent that exemptions remain
			 after allocating exemptions among Operators that provide scheduled year-round
			 service. In the event more than one Operator conducts such seasonal service,
			 the allocation of any such remaining exemptions shall be in alternating
			 sequence among such Operators. The initial order of sequencing shall be
			 determined by the Chief Executive Officer and this order shall change in
			 alternating sequence each month.
(3)
Adjustment in Number of
			 Exemptions Available to an Eligible Airport
. In the event the
			 level of non-stop commercial passenger published schedule flight frequency
			 being provided between a qualifying airport that receives the benefit of an
			 exemption under
			 740 CMR
			 27.07 and/or
			 740 CMR
			 27.08 and BOS is reduced for any reason
			 (including, without limitation, an increase in the seating capacity of aircraft
			 used on said route by an Operator providing non-stop published schedule
			 service), the Chief Executive Officer may reduce the number of available
			 exemptions for the airport under 740 CMR 27.09(1), provided, however, that no
			 such airport shall be eligible for fewer than four total daily exemptions for
			 non-stop commercial passenger published schedule Operations conducted during
			 the Peak Period.
(4)
Definition of Scheduled Year-Round Service
. For
			 purposes of 740 CMR 27.09, the term "published schedule year-round service"
			 shall mean that an Operator provides a minimum of one daily non-stop round-trip
			 operation pursuant to a published schedule at least five days per week between
			 the pertinent qualifying airport and BOS during each of the 12 months that
			 precedes the relevant month in which the Peak Period surcharge is
			 assessed.