Code of Massachusetts Regulations
740 CMR - MASSACHUSETTS PORT AUTHORITY
Title 740 CMR 27.00 - Boston-logan International Airport - Peak Period Surcharge On Aircraft Operations
Section 27.02 - Definitions

Universal Citation: 740 MA Code of Regs 740.27
Current through Register 1518, March 29, 2024

Authority shall mean the Massachusetts Port Authority.

BOS shall mean Boston-Logan International Airport.

Capacity shall mean the number of landing and takeoff operations per hour in Civil Aircraft that can be accommodated without incurring unacceptable levels of delay under visual flight rule (VFR) conditions.

Chief Executive Officer shall mean the person holding the position of Chief Executive Officer/Executive Director of the Massachusetts Port Authority or such other person as may be designated by the Members of the Massachusetts Port Authority to fulfill the responsibilities of the Chief Executive Officer/Executive Director under 740 CMR 27.00, or such person as may be delegated responsibility by the Chief Executive Officer/Executive Director for administering pertinent provisions of 740 CMR 27.00.

Civil Aircraft shall have the meaning set forth in 49 U.S.C. § 40102(a)(16).

Computer Simulation Delay Analysis shall mean the results obtained through use of a computer software model that will be used when Monitoring Program activity indicates that hourly flight levels are approaching or exceeding Capacity. The model, identified in consultation with FAA, will estimate the levels of runway-related delays that will occur during VFR conditions based on the forecast levels of monthly, daily, and hourly flight activity at BOS. The simulation will incorporate factors such as forecast levels of hourly flight demand, a measure of BOS's normal VFR capacity, and a delay algorithm based on queuing theory.

Demand shall mean the total number of landings and takeoffs in Civil Aircraft that occur, or are projected to occur under the Monitoring Program, during each hour at BOS.

EAS shall mean the federal Essential Air Service program established under 49 USC § 41731.

Extra Sections shall mean commercial service flight operations added by an Operator to supplement a specific published schedule Operation to accommodate excessive demand for such Operation.

FAA shall mean the Federal Aviation Administration.

Fixed Base Operator shall mean those businesses at BOS that are authorized by the Authority to provide aeronautical services and are required by the Authority to collect landing fees on the Authority's behalf.

Hub Airport shall have the meaning set forth in 49 USC § 41731(a).

Monitoring Program shall mean a program developed and maintained by the Authority that:

(a) monitors and projects Demand based upon published schedules and other information obtained by the Authority with respect to scheduled and unscheduled prospective operations; (b) projects, based upon the Computer Simulation Delay Analysis, levels of delay for current and future periods based upon Demand and Capacity levels for the relevant period; and

(c) develops and submits information to the Authority in a timely manner that will allow the Authority to provide, to the scheduled airlines operating at BOS, the FAA, and general aviation, notice up to six months in advance of the declaration of Peak Period conditions to allow Operators and the FAA, if FAA elects to participate in such process, an opportunity on a voluntary basis to adjust flight activities to an extent that will avoid Peak Period conditions at BOS.

Operation shall mean a landing or takeoff in Civil Aircraft conducted at BOS, whether pursuant to a published schedule or otherwise.

Operator shall mean the person or entity conducting or authorizing the conduct of an Operation.

Over scheduling shall mean conditions in which Demand exceeds Capacity.

Peak Period shall mean any period of three or more consecutive hours within which the projected average number of minutes of delay per Operation during VFR conditions exceeds, or is expected (based upon the Monitoring Program and any other relevant information) to exceed, an average of 15 minutes (or such other level as may be established by the FAA as its standard for measuring delay). For purposes of 740 CMR 27.02: Peak Period, average delay shall be calculated by dividing the total time (in minutes) of delay incurred, or expected to be incurred, by the total number of all projected Operations (with allowance for Extra Sections) conducted over a period of at least three consecutive hours.

Runway Facilities shall mean the system of runways at BOS.

Small Hub Airport shall have the meaning as set forth in 49 USC § 41731 (a).

USDOT shall mean the United States Department of Transportation.

VFR shall mean visual flight rule conditions as established by the FAA.

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