Peak Period Conditions

(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 conditionsexiston 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 expansionofthe Peak Period. In establishing any adjustment to the Peak Period, the ChiefExecutive 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 generallyavailable, and any other information deemed relevant by the Chief Executive Officer. Advance notice of a potential expansion inthe Peak Period shall be provided in the same manner as the advance notice of Overscheduling 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 ifappropriate, implement such voluntary modification in flight levels. In the event the Chief Executive Officer determines that such action is necessary to avoid imminent occurrence ofOverschedulingconditions, the Peak Period may be adjusted without the notice provided for in 740 CMR 27.05(2), but subject to the provision of notice as required in the ensuing paragraph. 27.05: continued At least 30 days prior to any adjustment to the Peak Period, notice of such adjustment shall be provided bythe ChiefExecutive Officer to the FAA, to each Operator providingscheduled commercial air transportation services at BOS registered withthe 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.