Special Circumstances Exemptions

(1) Operations Qualifying for Exemption. Individual landings and/or takeoffs in qualifying Civil Aircraft shall be exempted fromthePeak Period surchargerequired to be paid under 740 CMR 27.06, by determination of the Chief Executive Officer ifa community in which a qualifying airport is located files a completed and verified Request for Exemption, in a form approved by the Authority, identifying the Operation(s) for which the exemption is sought and establishing to the satisfaction of the Chief Executive Officer that: (a) the Operation(s) for which the exemption is sought is a landing and/or takeoff conducted in connection with the enplaning and/or deplaning of passengers for hire pursuant to a published schedule; 27.08: continued (b) the Operation is non-stop between BOS and the designated qualifying airport; (c) BOS is the only Hub Airport for which commercial air transportation service is available from the designated qualifying airport, and no other commercial air transportation service is available between such airport and a Small Hub Airport or Hub Airport; (d) the Operation(s) for which the exemption is sought is necessary to accommodate demand that cannot reasonably be accommodated by an Operation(s) outside of the Peak Period without economic hardship to the communities served by the designated qualifying airport; and (e) year-round service is provided between BOS and the designated qualifying airport. (2) Submission of Exemption Request and Supporting Documentation- Chief Executive Officer Determination. Any community requesting an exemption under 740 CMR 27.08 may submit the completed Request for Exemption and accompanying documentation required under 740 CMR 27.08(1) at any time following March 11, 2005. The Chief Executive Officer shall act upon the Request for Exemption and advise the community of his/her determination within 60 days of the receipt of the completed Request for Exemption and all of the information required to be supplied as specified in 740 CMR 27.08(1). (3) Exemption Period - Renewal. Any exemption granted under 740 CMR 27.08 shall commence as of the date of grant by the Chief Executive Officer and shall be valid for a period determined by the Chief Executive Officer, which shall not be more than five years in duration. Further exemptions following the expiration of the specified exemption period may be granted in response to a Request for Renewal or Extension of Exemption that contains the information required under and otherwise complies with 740 CMR 27.08(1) and (2). (4) Limit on Number of Exemptions. The total number of Special Circumstances Exemptions granted under 740 CMR27.08 for non-stop operations between BOS and a designated qualifying airport shall be limited as set forth in 740 CMR 27.09.