Aircraft Fees

(1) (a) For 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: amount to be assigned total assigned weight-based costs as "weight-based" = (total airfield costs) - (unassigned costs) X unassigned costs and amount to be assigned total assigned per-operation costs as"per-operation" = (total airfield cost) - (unassigned costs) X unassigned costs 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. (2) All fees or charges due the Authority for use of landing areas, ramp and apron areas and aircraft parking and storage areas by non-tenant or general aviation aircraft shall be payable in cash, unless credit arrangements satisfactory to the Authority have been made in advance or permission has been secured for payment by check. (3) The fees or charges prescribed by the Authority for aircraft occupying ramp and apron areas or aircraft parking and storage areas shall constitute an offer by the Authority to extend only the privilege to occupy said space for parking or storage. Said offer shall not include nor shall it imply any offer by or any obligation upon the Authority to exercise any duty toward the care, safekeeping or security of the user's property. (4) (a) For purposes of 740 CMR 21.24(4), the following terms shall have the following meanings: Air carrier shall mean an operator conducting commuter operations or certificated air carrier operations as defined in 740 CMR 21.24(1)(a). Day shall mean a 24 hour period commencing at 6:00 A.M. Essential air service hub access operation shall mean a landing at Boston-Logan of a non-stop flight segment from a qualifying market conducted in an aircraft having a maximum passenger seating capacity of not greater than 56 passengers, provided that not more than six such operations per day from each qualifying market shall be designated as essential air service hub access operations. Qualifying market shall mean an airport from which scheduled commercial passenger air carrier service to Boston-Logan is provided and which meets the following criteria: 1. Boston-Logan is designated as its essential air service hub airport as of March 1, 1988, in accordance with Title 14, Subchapter F, Part 398 of the Code of Federal Regulations, or for which such an essential air service hub airport has not been designated as of March 1, 1988, and for which, in the opinion of the Executive Director, Boston-Logan effectively serves as its only essential air service hub airport; 2. has no more than six scheduled passenger departure operations per day to Boston- Logan; or due to its or current certification cannot permit operation by aircraft of greater than 30 passenger seats, and for which all of the requirements for certification as a Fully Certificated Index A Airport under Title 14, Part 139 of the Code of Federal Regulations will be completed within 12 months; 3. has no scheduled passenger operations to Boston-Logan in jet aircraft; 4. has no more than two air carriers providing scheduled commercial passenger service to Boston-Logan; and 5. is not within a 30 mile radius of Boston-Logan. Scheduled when referring to an aircraft operation shall mean an operation corresponding and conducted pursuant to a listing published in the Official Airline Guide. (b) An operator may petition the Executive Director requesting that such scheduled operations as will meet the definitional criteria set forth in 740 CMR 21.24(4)(a) Essential air service hub access operation be designated as essential air service hub access operations, by filing with the Executive Director a petition and appropriate supporting documentation, in a form satisfactory to the Executive Director, identifying the specific scheduled operation(s) for which designation is requested and demonstrating to the reasonable satisfaction of the Executive Director that such operations will meet the definitional criteria set forth in 740 CMR 21.24(4)(a) Essential air service hub access operation during the calendar month for which the petition is filed. A separate petition must be filed for each calendar month during which such operation(s) for which designation is requested will be conducted and must be filed no less than 21 days prior to the first day of such month. The Executive Director may waive this time requirement for good cause shown. The Executive Director shall, as soon as is reasonably practicable after its receipt, grant or deny a petition, in whole or in part, with or without conditions, in accordance with whether or not the operator has demonstrated that the requirements set forth in 740 CMR 21.24(4)(a) Essential air service hub access operation will be met. The Executive Director may for cause revoke any designations granted hereunder. (c) An operator that, during any calendar month, has conducted one or more approved essential air service hub access operations designated pursuant to 740 CMR 21.24(4)(b), may be required to file with the Authority within 14 days from the last day of such calendar month, in a form satisfactory to the Executive Director, a report for that month identifying with specificity all landing operations conducted at Logan during that month including for each operation: origination point, flight number, date, time, aircraft type and landed weight. The reports shall include a statement setting forth any variance between the operations as described in the petition filed pursuant to 740 CMR 21.24(4)(b) for the month being reported and the operations actually conducted during that month. Any material variance, whether or not reported by the operator, or failure by the operator to file a report as required by this section shall be cause for the retroactive revocation by the Executive Director of any or all designations granted to operator for the reporting calendar month. (d) Designation as an essential air service hub access operation shall reduce the operation fee component of the landing fee, payable for that operation by the operator, from the level established for such component in accordance with 740 CMR 21.24(1)(c)4. to $25.00. The operator shall also pay the weight-based component of the landing fee established in accordance with 740 CMR 21.24(1)(c)4., without regard to such designation. (e) The projected reduction in the operation fee component granted for designated essential air service hub access operations pursuant to 740 CMR 21.24(4)(d) shall be assigned to the weight-based component of the landing fee applicable to all civil aircraft operations, except general aviation operations as defined in 740 CMR 21.24(1)(a) General aviation landing operations.