(1) Passengers enplaned by any class of air carrier or foreign air carrier if the number of passengers enplaned by the carriers in the class constitutes not more than one percent of the total number of passengers enplaned annually at the airport at which the fee is imposed; or
(2) Passengers enplaned on a flight to an airport—
(i) That has fewer than 2,500 passenger boardings each year and receives scheduled passenger service; or
(ii) In a community that has a population of less than 10,000 and is not connected by a land highway or vehicular way to the land-connected National Highway System within a State.
(b) The public agency may request this exclusion authority under paragraph (a)(1) or (a)(2) of this section or both.
[Doc. No. FAA–2000–7402, 65 FR 34541, May 30, 2000]