| (a) Nothing in these rules shall be construed to:
(1) prohibit an airport or cruise ship terminal from:
(A) imposing regulations including a reasonable fee
to or from airport or cruise ship terminal;
(B) enforcing those regulations in a manner consistent
with any compliance, assurances, and obligations under federal law,
rules, regulations, and policies; or
(C) from requesting third-party auditable reports of
the numbers of rides to and from an airport or cruise ship terminal;
or
(2) authorize an airport or cruise ship terminal to
compel data sharing or to impose additional requirements on a personal
vehicle or driver; including, tracking of the vehicle or driver when
logged into the digital network.
(3) prohibit transportation network companies and airports
or cruise ship terminals from entering into mutual data sharing agreements.
(b) For purposes of this section, a reasonable fee
means a fee:
(1) established using one of the following fee setting
methodologies for airports which provides for a self-sustaining and
market based fee consistent with guidelines published by the Federal
Aviation Administration and:
(A) imposed on May 29, 2017 by an airport;
(B) calculated by the costs of airport facilities and
services used for non-aeronautical services including a market-based
return proportionate to the uses of the facility. The fee resulting
from the fee setting methodology must be transparent, and not unjustly
discriminatory.
(C) for an airport that did not have a fee imposed
on the date referenced in paragraph (1)(A), and that adopts the fees
imposed on the date in paragraph (1)(A) by an airport with a similar
number of passengers boarding annually, or uses the fee setting methodology
in paragraph (1)(B); or
(D) mutually agreed upon by the transport network company
and the airport.
(E) A reasonable fee established under this section
may include an adjustment escalator option based on an appropriate
index selected by the airport which incorporates geographic economic
conditions.
(2) the fee setting methodology for cruise ship terminals
using one of the following fee setting methodologies including fees:
(A) imposed on May 29, 2017 by a cruise ship terminal;
(B) calculated by the costs of cruise ship terminal
facilities and services including a market-based return proportionate
to the uses of the facility. The fee resulting from the fee setting
methodology must be transparent and not unjustly discriminatory;
(C) of a cruise ship terminal that did not have a fee
imposed on the date referenced in paragraph (2)(A), and that adopts
the fee imposed on the date in paragraph (2)(A) by a cruise ship terminal
with a similar number of passengers boarding annually, or performs
a cost-of-service study under paragraph (2)(B); or
(D) mutually agreed upon by the transportation network
company and the cruise ship terminal.
(E) A reasonable fee established under this section
may include an adjustment escalator option based on an appropriate
index selected by the cruise ship terminal which incorporates geographic
economic conditions.
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