Nighttime Operations

(1) Notwithstanding any other fees which may be applicable to such operations, any aircraft operating at Hanscom between the hours of 11:00 P.M. and 7:00 A.M. ("nighttime hours") shall pay a nighttime field use charge to the Authority within 30 days of each operation, in accordance with the following schedule: Aircraft Type charge Aircraft 12,500 lbs. and less $ 30.00 All other aircraft $ 220.00 Such schedule shall be adjusted annually effective July 1, in accordance with and to reflect in direct proportion any increase in the Consumer Price Index ForAll U.S. Cities ("CPI") published by the U.S. Department of Labor, Bureau of Labor Statistics (or such other consumer price index as may reasonably be deemed appropriate by the Authority) since the most recent July adjustment. The Executive Director shall calculate the annual adjustment and establish the resulting nighttime field use charges in accordance with 740 CMR 25.04. Notice of the nighttime field use charges shall be published in a City of Boston newspaper and filed with the Secretary of State for publication in the Massachusetts Register prior to their effective date. (2) An aircraft shall pay double the applicable charge for each nighttime operation in excess of five nighttime operations in a calendar year. (3) Exemption: An aircraft regularly based at Hanscom Field will be exempted from this field use charge for a particular operation upon completion of a report in a form satisfactory to the Executive Director setting forth reasons of a mechanical, weather, or air traffic nature on account of which the arrival or departure of theaircraft was delayed from a reasonably estimated time of arrival or departure outside of the 11:00 P.M. to 7:00 A.M. nighttime hours.