Section 27.09 - Limitation on Number of Automatic Exemptions Under 740 CMR 27.07 and Special Circumstances Exemptions Under 740 CMR 27.08(1)Limit on Number of Flights from Qualifying Communities Exempted from Requirement to Pay Peak Period Surcharge. The total number of exemptions under 740 CMR 27.07 and/or 740 CMR 27.08 between BOS and each pertinent qualifying airport shall not exceed the number of non-stop commercial passenger flights provided in August, 2003 pursuant to a published schedule (including allowance for Extra Sections) between that airport and BOS during the hours comprising any relevant Peak Period at BOS, provided, however, that each qualifying airport shall receive exemptions for a minimum offour total non-stop commercial passenger published schedule Operations per day during the Peak Period. The total number of exempted flights for airports that have Operations eligible for exemption under 740 CMR 27.07 is set out in 740 CMR 27.14: Appendix A, which provides the number of flights based on the August 2003 published schedule (including allowance for Extra Sections) and an illustrative number of available exemptions per qualifying airport based on an assumed Peak Period of 4:00 P.M. to 7:59 P.M. The total number of exemptions available to the qualifying airport may be expanded or contracted, as the case may be, from the totals shown in 740 CMR 27.14: Appendix A to reflect the actual hours comprising the Peak Period and the flights conducted to and from such qualifying airport during said period based upon the August 2003 published schedule (including allowance for Extra Sections) provided, however, that each qualifying airport shall receive exemptions for a minimum of four total non-stop commercial passenger published schedule Operations per day during the Peak Period.
The total number of flights available for exemption under 740 CMR 27.08 shall be established at the time of application for and approval of such exemption request provided, however, that, if the Special Circumstances Exemption application is approved, subsequent adjustments (upward or downward, as the case may be) shall be made to reflect actual hours of the Peak Period and the flights conducted to and from such qualifying airport during said period based upon the August 2003 schedule (including allowance for Extra Sections), and provided further that each qualifying airport shall receive a minimum of four total non-stop commercial passenger published schedule Operations per day during the Peak Period.
(2)Allocation of Available Exemptions Among Competing Scheduled Operators. In the event a qualifying airport is served by more than one Operator that provides published schedule year round service, the number of exemptions available shall be allocated among such Operators in alternating sequence. The initial order of sequencing shall be determined by the Chief Executive Officer and this order shall change in alternating sequence each month. In the event a qualifying airport is served by additional Operators that provide non-stop published scheduled service between that airport and BOS on less than a year round (seasonal) basis, exemptions shall be available for published schedule nonstop Operations conducted by such scheduled service Operators during the Peak Period only to the extent that exemptions remain after allocating exemptions among Operators that provide scheduled year-round service. In the event more than one Operator conducts such seasonal service, the allocation of any such remaining exemptions shall be in alternating sequence among such Operators. The initial order of sequencing shall be determined by the Chief Executive Officer and this order shall change in alternating sequence each month.(3)Adjustment in Number of Exemptions Available to an Eligible Airport. In the event the level of non-stop commercial passenger published schedule flight frequency being provided between a qualifying airport that receives the benefit of an exemption under 740 CMR 27.07 and/or 740 CMR 27.08 and BOS is reduced for any reason (including, without limitation, an increase in the seating capacity of aircraft used on said route by an Operator providing non-stop published schedule service), the Chief Executive Officer may reduce the number of available exemptions for the airport under 740 CMR 27.09(1), provided, however, that no such airport shall be eligible for fewer than four total daily exemptions for non-stop commercial passenger published schedule Operations conducted during the Peak Period.(4)Definition of Scheduled Year-Round Service. For purposes of 740 CMR 27.09, the term "published schedule year-round service" shall mean that an Operator provides a minimum of one daily non-stop round-trip operation pursuant to a published schedule at least five days per week between the pertinent qualifying airport and BOS during each of the 12 months that precedes the relevant month in which the Peak Period surcharge is assessed.