Peak Period Surcharge

(1) Establishment of Peak Period Surcharge. In addition to any other fees or surcharges applicable at BOS, the following surcharge shall be payable byeachOperator for each landing and each takeoff Operation conducted inCivilAircraft by such Operator during Peak Period conditions as designated in accordance with 740 CMR 27.05(1) and 740 CMR 27.05(2): $150.00. The surcharge established under 740 CMR 27.06(1) shall be subject to adjustment in accordance with 740 CMR 27.06(2). (2) Adjustment ofPeak Period Surcharge. The initial Peak Period surcharge established under 740 CMR 27.06(1), and any other subsequent surcharge established in accordance with 740 CMR 27.06(2), may be adjusted by the Authorityfromtime to time for the purpose of aligning Demand for use of the Runway Facilities with the Capacityof said Runway Facilities in order to prevent the average delay time for operations during the Peak Period from exceeding an average of 15 minutes (or such other level as may be established by the FAA as its standard for measuring flight delay) for three or more consecutive hours under VFR conditions. In making any adjustment in the Peak Period surcharge, the Authority shall take into account the mix of aircraft types operating during the Peak Period, the total number of projected Operations, airport costs, including opportunity costs during the Peak Period, the effects on Demand of imposing the additional costs associated with the Peak Period surcharge adjustment. At least 30 days prior to each adjustment to the Peak Period surcharge, notice of such adjustment 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.