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A. Rates and charges for use of facilities at the airport shall be assessed in accordance with the classifications of private or commercial aircraft, as defined in subsections B and C of this section and as established in this article. Final determination of category designation of any aircraft shall be made by the Aviation Director.

B. Private aircraft means:

1. Privately owned aircraft operated noncommercially by its registered owner(s); or

2. Privately owned aircraft when used by persons other than the registered owner, provided no part of the cost of operation of the aircraft is received in money or other consideration by the registered owner for such use; or

3. Privately owned aircraft when used in connection with the registered owner’s business (comparable to an owner’s use of his private automobile), provided the registered owner is not engaged in the business of air transportation; or

4. Company and corporation owned aircraft when operated for the free transportation of company personnel and/or products, provided no part of the cost of operation of the aircraft is received in money or other consideration by the company for such use; and

5. Flying club aircraft.

C. Commercial aircraft means:

1. Any aircraft for hire to carry passengers or cargo on flights; or

2. Any aircraft otherwise for rent, hire or charter; or

3. Aircraft used for student instruction and related occupations; or

4. Any aircraft used for commercial purposes and not otherwise covered in this section.

D. Commercial aircraft operator means any person who operates a commercial aircraft.

E. Airline rates and charges means aeronautical rates and charges paid by commercial aircraft operators for use of the airport and its facilities, including terminals, common use facilities, cargo, explosive detection system, baggage handling systems, and airfield.

F. Cost per enplanement or CPE means the annual sum of the airline rates and charges, divided by the annual passenger enplanements as reported by the Federal Aviation Administration (FAA) Operating and Financial Summary Report FAA-5100-127 (FAA Form 5100-127), as that form may be amended or renumbered. This CPE is determined using the sum and enplanements reported each year.

G. Large hub airport CPE median means the annual median CPE value for large hub U.S. commercial service airports, as defined by the FAA’s National Plan of Integrated Airport Systems. For calculating the median, the source for determining each respective airport’s CPE shall be the most recent year of published data using FAA Form 5100-127 Line Item 16.5, Passenger Airline Cost per Enplanement, as that form may be amended or renumbered.

H. Airline rates and charges schedule means the schedule that identifies the airline rates and charges in effect for a specified period of time and made available to commercial aircraft operators and posted publicly on the City of Phoenix website for the airport.

I. The Aviation Director is authorized to establish rates and charges in a manner that complies with Federal law and that results in an annual CPE for the airport that does not exceed the annual large hub airport CPE median. The Aviation Director will seek Council authorization to establish rates and charges if the annual CPE for the airport will exceed the annual large hub airport CPE median. (Ord. No. G-4116, § 2, 1998; Ord. No. G-6394, 2017)