Chapter 02 - Aircraft Landing and Parking Charges

21.0201 Landing charges.

(a) The landing charges in this section shall entitle the aircraft to a maximum period of 3 hours ground time without extra charge.

(b)The rate of the landing charge for aircraft of more than 12,500 pounds approved maximum gross takeoff weight, per 1,000 pounds, or fraction thereof, per landing is $3.10 for the period beginning January 1, 1990 and ending December 3 1, 1990.

(c) For .purposes of subsection (b) of this section, the rate of the landing charge for each calendar year shall be determined, and adjusted as necessary, to derive sufficient revenue to equal the difference between the total of the following specified expenses on one hand, and other revenues, on the other hand, from the operation of Pago Pago International Airport during the preceding fiscal year, provided that categories of expenses and other revenues shall be based on projections for the current fiscal year when those projections increase or decrease. the category for the preceding fiscal year by 10% or more, adjusted each year commencing January 1 by carrying over the net income or net loss averaged over the two preceding fiscal years. The foregoing notwithstanding, the then existing rate shall be reviewed as of March 31 and adjusted as of July 1 each year, and may be reviewed and adjusted at other times during the year, to reflect significant changes in revenues or expenses, or both. The expenses shall include personnel costs, travel, contractual services, materials and supplies, utilities, total depreciation times and the ratio that territorial funds invested in plant-in-service bears to the total funds invested in the plant, bad debts, and miscellaneous expenses. Other revenues shall include landing charges from military and naval aircraft, or any other aircraft, aircraft parking charges, service charges for use of the terminal facilities, rental income, and miscellaneous income.

(d) The rates of the landing charges for aircraft of 12,500 pounds or less approved maximum gross take¬off weight are $20 per landing for aircraft based outside American Samoa and $10 per landing for locally based aircraft, provided that when paying passengers are on board the aircraft at the time the rates of the landing charges for such aircraft are as follows:

(1) $10 per landing for aircraft having a designed maximum passenger capacity of more than 10 persons;

(2) $5 per landing for aircraft having a designed maximum passenger capacity of 4 to 10 persons;

(3) $2 per landing for aircraft having a designed maximum passenger capacity to 3 persons or less.

21.0202 Parking fees.

Parking fees shall be assessed after an aircraft has been on the ground more than 3 hours and shall start at the end of the 3-hour period: $0.025 per l,000 pounds, or fraction thereof, per 24-hour period or fraction (minimum of 24 hours).

21.0203 Exceptions.

(a) No landing fees shall be charged against aircraft when such aircraft is landing from a search-and¬rescue mission, a medical air evacuation or other emergency.

(b) Aircraft, after takeoff from an airport in American Samoa forced to return due to mechanical problems and/or weather conditions, will not be charged landing fees.

(c) Aircraft unable to depart due to mechanical difficulties or weather conditions will not be charged parking fees. It shall be the duty of the airport manager to determine whether or not such conditions or difficulties, as outlined in this subsection, exist.

(d) Locally based airline companies or air taxi services who lease ground space at the airport will not be charged any parking fees.

(e) Aircraft landing after a test or training flight shall be exempted from half the landing charges enumerated in 21.0201.

(f) Locally based airline companies or air taxi services shall be exempt from all landing fees after a test or training flight so long as no paying passengers are on board the aircraft at the time.

(g) The following categories of aircraft are exempt from all airport charges:

(1) FAA aircraft and aircraft chartered by FAA to conduct flight checks;

(2) U.S. Coast Guard aircraft;

(3) Aircraft on diplomatic missions.

(h) Other U.S. military or naval aircraft are subject to landing and parking charges as may be imposed from time to time by agreements with the United States Government.

21.0204 Other charges excluded.

Rates for lease or rental of grounds, buildings, or other space at the airport are not included in this chapter.

21.0205 Enterprise Fund.

All revenues derived from the charges established by this chapter shall be accounted for in the Airport Enterprise Fund for operation and maintenance expense, capital improvements, and retirement of obligations created for capital purposes.

21.0206 Applicability

The provisions of this chapter are applicable to Pago Pago International Airport. The provisions of 21.0201(d), 21.0203, 21.0204 and 21.0208 are also applicable to Ofu Airport.

21.0207 Repealer.

General Memorandum No. 70-1969 cancelled in its entirety.

21.0208 Authority.

The rule codified in this chapter is adopted under the authority of 2l.0515(d) A.S.C.A.