[Federal Register: June 9, 2004 (Volume 69, Number 111)]
[Proposed Rules]
[Page 32298-32311]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn04-34]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 158
[Docket No. FAA-2004-17999; Notice No. 04-09]
RIN 2120-AI15
Passenger Facility Charge Program, Non-Hub Pilot Program and
Related Changes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA is proposing a pilot program to test new application
and application approval procedures for the passenger facility charge
(PFC) program. This pilot program will run for 3 years and is available
to non-hub airports. Besides the pilot program, this proposed rule also
contains several changes designed to streamline the PFC application
procedures for all PFC applications and improve the existing PFC
program. The FAA is proposing these changes in response to
Congressional direction found in the Vision 100--Century of Aviation
Reauthorization Act.
DATES: Send your comments on or before August 9, 2004.
ADDRESSES: You may send comments (Identified by Docket Number FAA-2004-
17999) using any of the following methods:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Sheryl Scarborough, Airports Financial
Analysis & Passenger Facility Charge Branch, APP-510, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8825; facsimile: (202) 267-5302; e-mail:
sheryl.scarborough@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to join in this rulemaking by
filing written comments, data, or views. We also invite comments about
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
about this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using the
Internet at the web address in the ADDRESSES section.
Privacy Act: Using the search function of our docket web site,
anyone can find and read the comments received into any of our dockets.
This includes the name of the individual sending the comment (or
signing the comment for an association, business, labor union). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov
.
Before acting on this proposal, we will consider all comments we
receive on or before the closing date for comments. We will consider
comments filed late if it is possible to do so without incurring
expense or delay. We may change this proposal because of the comments
we receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a preaddressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm
; or
[[Page 32299]]
http://www.access.gpo.gov/su_docs/aces/aces140.html.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Background
History
The Aviation Safety and Capacity Expansion Act of 1990, codified
under 49 U.S.C. 40117, created the passenger facility charge (PFC)
program on November 5, 1990. The Aviation Safety and Capacity Expansion
Act of 1990 allowed a public agency to impose a PFC of $1, $2, or $3
for each enplaned passenger at commercial service airports that the
public agency controls. The public agency can then use this PFC revenue
to finance FAA-approved, eligible airport-related projects. The FAA's
regulations that govern the PFC program are at 14 CFR part 158 and
became effective on June 28, 1991.
The first major revisions to the PFC Program occurred on May 30,
2000. At that time, a final rule was issued that incorporated changes
mandated by the Federal Aviation Administration Authorization Act of
1994, the Federal Aviation Reauthorization Act of 1996, the Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century (AIR-21),
and the recodification of the Federal Aviation Act of 1958. While this
final rule made many changes to the PFC program, the most significant
change increased the permitted PFC level by allowing public agencies to
impose a $4 or $4.50 PFC as authorized in AIR-21.
On December 12, 2003, President Bush signed the Vision 100--Century
of Aviation Reauthorization Act (Vision 100) into law. Vision 100
mandates many changes to the PFC program and this proposed rule
addresses several of these changes. This notice proposes revisions to
part 158 to implement a 3-year non-hub pilot program and related
streamlining provisions. Vision 100 requires the FAA to propose
regulations implementing the pilot program within 180 days of enactment
of the Vision 100 pilot program section. A separate rulemaking in the
future will address the other statutory and non-statutory changes to
the PFC program that are not subject to the statutory deadline.
Statement of the Issue
To impose a PFC, use PFC revenue, or amend an approved PFC, all
public agencies must apply for FAA approval through the same process by
following the application rules set forth in part 158. The application
and approval process is the same for airports of all sizes, every
project type, and projects previously reviewed by the FAA in other
contexts. Vision 100 requires streamlining the general PFC process and
creating a pilot program for non-hub airports to test certain
streamlining procedures and to reduce the burdens on public agencies
and the FAA under the existing procedures. One such burden involves re-
creating paperwork that has already been filed with, and, in some
cases, reviewed by the FAA. For example, non-hub airports often apply
to use PFC revenue either as their matching share for an Airport
Improvement Program (AIP) grant or as a supplement to AIP funding. In
these cases, the FAA has already reviewed the project under the AIP
grant procedures. This duplication of efforts creates inefficiencies
for both non-hub airports and the FAA.
In 2002, the FAA examined the PFC program to identify ways to
preserve the public interest goals and the existing checks and balances
while removing unnecessary, duplicative, and time-consuming steps. The
FAA undertook a study of applications and projects approved over the
previous five years. This study examined the distribution of PFC
funding among projects and airport types. The FAA also studied the
extent to which AIP grants partially funded PFC projects. Finally, the
FAA examined the characteristics of projects generating air carrier
objections during the consultation process and the FAA's public notice
and comment process. As a result of this study, the FAA recommended
enactment of the non-hub pilot program and other PFC streamlining
initiatives included in Vision 100 and this rulemaking. The results of
this study are discussed more fully in the section-by-section analysis
below.
General Discussion of the Proposals
The FAA is required by statute and regulation to issue the final
agency decision on each PFC application within 120 days of the receipt
of the application. The current PFC application and review process is
the same for all airports regardless of the size of the airport, the
PFC collection amount, or the nature of the projects. This process has
grown in complexity as the program has matured, leading to calls from
airports and air carriers to speed up the process.
Vision 100 mandates creating a pilot program for non-hub airports
to test new PFC application and application approval procedures. This
NPRM proposes regulations to create the Non-Hub Airport Pilot Program
(pilot program). The entire text of the pilot program subsection in
Vision 100 reads:
``(1) PILOT PROGRAM FOR PASSENGER FACILITY FEE AUTHORIZATIONS AT
NONHUB AIRPORTS.--
``(1) IN GENERAL.--The Secretary shall establish a pilot program
to test alternative procedures for authorizing eligible agencies for
nonhub airports to impose passenger facility fees. An eligible
agency may impose in accordance with the provisions of this
subsection a passenger facility fee under this section. For purposes
of the pilot program, the procedures in this subsection shall apply
instead of the procedures otherwise provided in this section.
``(2) NOTICE AND OPPORTUNITY FOR CONSULTATION.--The eligible
agency must provide reasonable notice and an opportunity for
consultation to air carriers and foreign air carriers in accordance
with subsection (c)(2) and must provide reasonable notice and
opportunity for public comment in accordance with subsection (c)(3).
``(3) NOTICE OF INTENTION.--The eligible agency must submit to
the Secretary a notice of intention to impose a passenger facility
fee under this subsection. This notice shall include--
``(A) information that the Secretary may require by regulation
on each project for which authority to impose a passenger facility
fee is sought;
``(B) the amount of revenue from passenger facility fees that is
proposed to be collected for each project; and
``(C) the level of the passenger facility fee that is proposed.
``(4) ACKNOWLEDGEMENT OF RECEIPT AND INDICATION OF OBJECTION.--
The Secretary shall acknowledge receipt of the notice and indicate
any objection to the imposition of a passenger facility fee under
this subsection for any project identified in the notice within 30
days after receipt of the eligible agency's notice.
``(5) AUTHORITY TO IMPOSE FEE.--Unless the Secretary objects
within 30 days after receipt of the eligible agency's notice, the
eligible agency is authorized to impose a passenger facility fee in
accordance with the terms of its notice under this subsection.
``(6) REGULATIONS.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall propose such
regulations as may be necessary to carry out this subsection.
``(7) SUNSET.--This subsection shall cease to be effective
beginning on the date that is 3 years after the date of issuance of
regulations to carry out this subsection.
``(8) ACKNOWLEDGEMENT NOT AN ORDER.--An acknowledgement issued
under paragraph (4) shall not be considered an order issued by the
Secretary for purposes of section 46110.''.
[[Page 32300]]
Vision 100 states the pilot program will only apply to non-hub
airports and will end three years after the date of issuance of
regulations to carry out the pilot program subsection. Vision 100
defines a non-hub airport as a commercial service airport that has less
than 0.05 percent of the passenger boardings in the U.S. in the prior
calendar year on an aircraft in service in air commerce. The FAA
estimates that non-hub airports account for over 70 percent of all
commercial service airports and approximately 15 percent of aircraft
operations nationwide. The FAA also estimates that non-hub airports
account for about 60 percent of the PFC applications processed over the
last 5 years. Non-hub airports produce roughly 2 percent of total
annual PFC revenue.
The pilot program will:
(1) Require a public agency to consult with air carriers before
filing an application to the FAA to collect or use a PFC. Vision 100
limits the consultation process to only those air carriers with a
significant business interest at the airport (the significant business
interest standard is also found in statutory changes to the general PFC
program);
(2) Require a public agency to provide reasonable notice to and
opportunity for comment by the public before filing an application to
the FAA to collect or use a PFC (this notice and comment requirement is
also included in statutory changes to the general PFC provisions);
(3) Reduce the information a public agency files with the FAA.
Instead of filing the information required by 14 CFR 158.25, a public
agency will file a notice including information such as:
(a) The proposed PFC level and amount to be collected,
(b) The proposed duration of the collection,
(c) A list of projects to be financed with PFC revenue along with
the amount of PFC revenue to be used on each project, and
(d) Information about consultation with the air carriers and the
public comment process;
(4) Require the FAA to acknowledge receipt of notice of intent
filed by the public agency and state any objections to the notice
within 30 days after receipt of the notice; and
(5) Authorize a public agency to impose a PFC unless the FAA states
an objection to imposition within the 30-day time period.
The pilot program differs from current practice in at least three
ways:
(1) The pilot program reduces the information a public agency must
file with the FAA;
(2) The pilot program changes the FAA approval process by allowing
a public agency to collect and use a PFC when the FAA acknowledges
receipt of the notice of intent and the FAA does not object to the PFC;
and
(3) The FAA's acknowledgment letter is not an agency final order
for purposes of appeal to the U.S. Court of Appeals.
The FAA believes the pilot program will streamline the PFC process,
as required by Congress. In addition, the pilot program will reduce the
burden on public agencies and the FAA for a great number of PFC
applications that make up a small percentage of total PFC revenue.
Vision 100 also contained several statutory changes that apply to
the general PFC program. Some of these general statutory changes also
apply to the pilot program.
First, Vision 100 limits the pool of air carriers a PFC applicant
must contact during the consultation process, prior to submitting an
application to the FAA. Under the proposed change, all PFC applicants
(including pilot program applicants) need only contact air carriers
with a significant business interest at an airport the public agency
controls. This change is executed by adding a definition of significant
business interest to the definitions section (Sec. 158.3) and amending
the consultation with air carriers provisions (Sec. 158.23).
Second, Vision 100 adds a new requirement that PFC applicants
publish a notice and provide an opportunity for the public to comment
on the proposed PFC. This public comment provision is required whether
a public agency is applying to impose a new PFC (under the general
program or the pilot program) or amending a PFC. A second public
comment period is required when a public agency applies to use a PFC
(under the general program or the pilot program). This section is
discussed below under new Sec. 158.24.
Third, Vision 100 streamlines the PFC application process by
eliminating the past requirement that the FAA publish a public notice
in the Federal Register for each PFC application. Under Vision 100, any
publication in the Federal Register by the FAA is optional. This
section is discussed below under Sec. 158.27.
Fourth, because Vision 100 requires the FAA to streamline the
application process, the FAA is proposing to streamline the amendment
process to bring parity between the two processes. The FAA proposes to
streamline the amendment process for both the pilot program and the
general PFC process. This section is discussed below under Sec.
158.37.
Fifth, this notice proposes several other administrative changes
due to substantive changes created by Vision 100. These administrative
changes include changing the application format to include and exclude
requirements that Vision 100 changed. These changes are discussed below
under Sec. Sec. 158.25 and 158.29.
Section-by-Section Discussion of the Proposals
The section-by-section discussion of the NPRM is organized by the
three types of changes this document proposes. First, this discussion
addresses the Vision 100 statutory changes related to implementing the
pilot program. These changes include defining ``non-hub airport'' in
Sec. 158.3 and the new Sec. 158.30.
Next, this discussion reviews the statutory changes mandated by
Vision 100 applicable to both the pilot program and the general PFC
program. These changes include proposed changes to Sec. Sec. 158.3
(definitions--definition of ``significant business interest'') and
158.23 (air carrier consultation), as well as a discussion of new Sec.
158.24 (public comment process). These changes are necessary to ensure
that public agencies understand what is required to meet the air
carrier consultation and public comment processes. In addition, changes
to Sec. 158.37 (amendments), which is not a part of Vision 100, are
discussed. The changes to the amendment process are necessary to ensure
that amending a PFC program established under the pilot program process
is no more difficult than establishing the program.
Finally, this section-by-section discussion ends with a review of
the changes to the general PFC program that do not apply to the pilot
program. Sections 158.25 (application), 158.27 (review of
applications), and 158.29 (the Administrator's decision) are changed
because of provisions in Vision 100 that relate to or complement the
changes to Sec. Sec. 158.3 and 158.23 as well as the new Sec. 158.24.
Vision 100 Statutory Changes Creating a Non-hub Airport Pilot Program
Section 158.3 Definitions
The proposed rule will add the definition of ``non-hub airport'' to
part 158.
Before enactment of Vision 100, terms such as large, medium, small
and non-hub airports were not statutorily
[[Page 32301]]
defined. Vision 100 added definitions to all of these terms in section
225 of that Act. The current part 158 defines ``large and medium hub''
airports but does not include definitions of ``small hub'' or ``non-
hub'' airports. Part 158 has had many procedures that are specific to
large and medium hub airports but no procedures or requirements that
are specific to small hub or non-hub airports. Vision 100 requires the
FAA to create a pilot program to streamline the application process for
non-hub airports as well as the FAA's processing of those applications.
To comply with the statutory change, the proposed rule will define
``non-hub airport'' to identify which airports are eligible for the
pilot program. Section 225 of Vision 100 defines a ``non-hub airport''
as ``a commercial service airport (as defined in 49 U.S.C. 47102) that
has less than 0.05 percent of the passenger boardings.'' The term
``passenger boardings'' is also defined in Sec. 225 as follows:
``(A) means, unless the context indicates otherwise, revenue
passenger boardings in the United States in the prior calendar year
on an aircraft in service in air commerce, as the Secretary
determines under regulations the Secretary prescribes; and
``(B) includes passengers who continue on an aircraft in
international flight that stops at an airport in the 48 contiguous
States, Alaska, or Hawaii for a nontraffic purpose.''
The definition of non-hub airport in Sec. 225 is the same
definition used in the FAA's AIP grant program and National Plan of
Integrated Airports. Therefore, public agencies familiar with the FAA's
Airport programs should be familiar with this definition of ``non-hub
airport.'' Although Vision 100 defines a small-hub airport, the FAA is
not including a definition of ``small hub airport'' in this rulemaking.
The PFC program does not contain procedures or requirements specific to
small hub airports, so there is no current need to define ``small hub
airport'' in the PFC regulation.
The PFC regulation currently defines ``passenger enplaned.'' Since
this term is very similar to the term ``passenger boardings,'' we are
not including a ``passenger boardings'' definition in this rulemaking.
Section 158.30 Pilot Program for PFC Authorization at Non-Hub Airports
The proposed rule will create a new Sec. 158.30 to comply with
Vision 100's requirement to set up a pilot program to streamline the
application process for non-hub airports.
The FAA's 2002 examination of the PFC program determined that about
60 percent of the applications processed over the previous five years
were for non-hub airports. In addition, nearly 50 percent of the PFC
projects at non-hub airports over the study period provided either the
local matching funds for AIP grants or supplemented AIP grants. A high
percentage of the total PFC collections at non-hub airports were for
airside projects, such as runways, taxiways and aprons, or for safety
or security equipment, such as aircraft rescue and firefighting
vehicles. Furthermore, only 2.3 percent of the nationwide approved PFC
collections were for projects at non-hub airports. Based on these
findings, the Congressional changes mandated by Vision 100 creating a
pilot program should improve the application process for non-hub
airports.
The pilot program will reduce the information a public agency must
provide the FAA to gain approval to impose a PFC. Currently, a public
agency must provide a detailed description and justification for any
project proposed for PFC funding. In addition, the public agency must
provide information on how the project meets at least one PFC objective
or significant contribution finding. The public agency must also
provide detailed project funding information as well as answer several
questions about other requirements contained in Sec. Sec. 158.27 and
158.29. The format required for each project requires an average of 6
pages of information per project.
In contrast, under Sec. 158.30, the public agency will provide a
completed FAA Form 5500-1 PFC Application and summary project
information. If a proposed project is not in an existing AIP grant, the
public agency will have to provide certain additional information. A
public agency will not have to provide as detailed a description or
justification as in the general PFC process. In addition, the public
agency is not required to discuss the PFC objective in as great a
detail as is required in the general PFC process or those projects
included in AIP grants. Thus, public agencies should be able to provide
the necessary information for all projects on 1 or 2 pages.
Section 158.30(a) includes a general description of the intent of
the pilot program. This subsection also discusses that a public agency
may request the authority to only impose a PFC under the pilot program.
A public agency may also request authority to both impose a PFC and use
that PFC revenue in the same notice. Finally, a public agency may
request authority to use PFC revenue previously approved for
collection. These options are the same as those available to other
public agencies using the application procedures under Sec. 158.25.
Thus, the pilot program allows the same flexibility as the current
application procedures to apply for various PFC authorities.
Sections 158.30(b) and 158.30(c) set forth the information that a
public agency must include when notifying the FAA of its intent to
impose and/or use a PFC under Sec. 158.30. All notices of intent filed
under Sec. 158.30 must include consultation with air carriers pursuant
to Sec. 158.23 and a public comment period pursuant to Sec. 158.24.
This section-by-section discussion reviews these two sections later.
All notices of intent under Sec. 158.30 filed with the FAA must also
include a copy of all comments received during the consultation and
public comment processes. In addition, the notice of intent must
include the public agency's reasons for proceeding with the notice of
intent for any particular project that has been subject to disagreement
or negative comments during the consultation or public comment
processes.
Section 158.30(b) sets forth the information required for a notice
of intent to impose a PFC. Similarly, Sec. 158.30(c) sets forth the
information required for a notice of intent to use PFC revenue. The
primary difference between the two notices of intent is the requirement
to provide airport layout plan (ALP), airspace, and environmental
information for those projects for which the public agency is
requesting to use PFC revenue. Section 158.30(c) also contains
additional requirements if the notice of intent to use PFC revenue is
not filed concurrently with the notice of intent to impose a PFC.
The FAA has designed a form for use in the current PFC application
process that has already received Office of Management and Budget
approval (FAA Form 5500-1 PFC Application). This form includes an
application sheet with blocks for general application information and a
certification and signature section. The form also includes two
attachment forms, one for project information and the other for
information on how the various projects meet ALP, airspace, and
environmental requirements. The pilot program will use the application
sheet and, in some instances, the ALP, airspace, and environmental
requirements attachment.
The pilot program will use these forms because they have been in
use in the PFC program for several years. They are also available for
download from the FAA's PFC web-page. These forms
[[Page 32302]]
provide an easy format for information on:
(1) The airport where the PFC's will be collected;
(2) The airport or airports where it will be used;
(3) The total amount proposed to be collected and used; and
(4) The PFC level proposed for collection.
The application sheet also includes certifications about compliance
with the PFC statute and regulation as well as PFC assurances.
A significant way in which the pilot program differs from the
current program is the requirement to provide specific project
information. The current application process requires detailed
information about each project so the FAA can evaluate the eligibility
and justification for each project. As discussed above, the FAA
believes most projects proposed at non-hub airports are projects that
the FAA is familiar with because of its management of the AIP program.
The FAA's 2002 study of the PFC program revealed that most projects at
non-hub airports involve runways, taxiways, aprons, equipment and
simple terminal work. These types of projects are generally non-
controversial. The majority of these projects are duplicative of AIP
grant projects. In addition, the FAA has a wealth of knowledge about
the need for airside and safety improvements at most commercial service
airports. The FAA has gained this knowledge through its participation
in various airport planning efforts and airport certification programs.
This is why the FAA has proposed that public agencies need only file
limited project information in the pilot program.
The FAA is proposing that the pilot program distinguish between
projects already in an existing AIP grant and those projects that are
not. To be included in an AIP grant, the FAA must determine that a
project is eligible and justified under the AIP program. In accordance
with the provisions of Sec. 158.15(b)(1)-(5), planning and development
projects that are eligible under the AIP program are also eligible
under the PFC program. Thus, by determining that a project is eligible
for an AIP grant, the FAA has also determined that the project meets
PFC eligibility requirements. In addition, projects included in AIP
grants must meet requirements identical with the PFC requirements on
ALP, airspace, and environmental compliance. Therefore, the FAA is
proposing in the pilot program that, for those projects already in an
existing AIP grant, the public agency will provide:
(1) The title of the project;
(2) The PFC funds sought for the project; and
(3) The AIP grant number associated with the project.
For projects not currently included in an AIP grant, the FAA will
require more information. This is because the FAA does not have a
decision on record approving the eligibility or justification of the
project. The FAA also does not have information on how the project
meets the ALP, airspace, and environmental requirements. Therefore,
besides the project title and PFC funds sought, the public agency will
have to provide information on the project description and
justification. This information must be detailed enough to allow the
FAA to make determinations on eligibility, justification, and the
extent to which the project meets a PFC objective. However, as
mentioned above, the FAA is familiar with most types of projects the
public agency may propose so this information will likely be brief. The
FAA's 2002 study of the PFC program revealed that most projects at non-
hub airports involve runways, taxiways, aprons, equipment and simple
terminal work. The FAA expects that the types of projects submitted
under the pilot program will be consistent with the types of projects
submitted by non-hub airports in the past. To determine that ALP,
airspace, and environmental requirements are met, the public agency
will have to file FAA form 5500-1, Attachment G. This attachment is
designed to allow completion without repetition of the same information
for each project.
The FAA intends to develop a form or a series of forms for use in
providing the information required by Sec. 158.30(b)(2) independently
from this rule. However, the FAA encourages public agencies not to wait
for this form's availability to file a notice of intent.
The criteria and standards the FAA will use to review any notice of
intent filed under the pilot program are set forth in Sec. 158.30(d).
The FAA will use the same criteria and standards currently used in the
PFC decision making process and are found in Sec. Sec. 158.15, 158.17
and 158.29. These criteria and standards are proposed to be
incorporated in Sec. 158.30(d)(2)-(3). The FAA's review of the notice
of intent will be different depending on the AIP grant status of the
projects. However, review of the public agency's consultation and
public comment processes will be the same regardless of the AIP status
of the projects.
The FAA has already made determinations on project eligibility and
justification for projects in existing AIP grants. Therefore, the FAA
will not duplicate that decision making in its pilot program review
process for existing AIP projects. However, for those projects not
included in existing AIP grants, the FAA will make eligibility and
justification determinations.
Currently, the FAA approves, partially approves, or disapproves all
PFC applications. However, the FAA will not approve or disapprove a
public agency notice of intent under the pilot program (Sec.
158.30(e)). Rather, the FAA will acknowledge the public agency's notice
of intent within 30 days of receipt of the notice of intent. This
represents a savings of up to 90 days from the current application
process. This acknowledgment will either agree with all proposed
projects, object to some or all the proposed projects, or object to the
notice of intent in its entirety.
The FAA will object to a project if it determines the project is
not eligible or justified. In addition, for a project proposed for use
authority, the FAA will object if the project does not meet ALP,
airspace, or environmental requirements. Finally, the FAA will object
to a project if an interested party raises an objection during the air
carrier consultation or public comment process and the FAA determines
that the public agency did not adequately address this objection in its
notice of intent.
The FAA will object to a notice in its entirety if the FAA
determines the consultation process did not comply with Sec. Sec.
158.23 and 158.24 and/or the FAA objects to all projects in the notice
of intent.
In all cases, the FAA will provide the public agency with its
reasons for any objections.
Once the FAA issues an acknowledgment letter, Sec. 158.30(f) sets
forth the actions a public agency may take. If the FAA does not object
to either a project or the notice of intent in its entirety, the public
agency may implement its PFC program following the information in its
notice of intent. If the FAA objects to a project, the public agency
may not collect or use PFC revenue on that project. If the FAA objects
to the notice of intent in its entirety, the public agency may not
implement the PFC program proposed in that notice.
Even though the pilot program creates a separate application
process, once the FAA acknowledges a notice, Sec. 158.30(f) requires
the public agency to comply with all sections of part 158 except for
Sec. 158.25.
The language in Sec. 158.30(g) sets forth the Vision 100 mandate
that any FAA
[[Page 32303]]
acknowledgement issued under this pilot program will not be considered
an order issued by the Secretary. Therefore, these acknowledgments will
not be subject to appeal to the U.S. Court of Appeals. This is in
contrast to the FAA's current PFC decisions. Such decisions are
considered to be orders issued by the Secretary and, can be appealed.
However, since the FAA's acknowledgement letter will include the FAA's
reasons for any objections, the public agency will potentially be able
to fix any identified problems and resubmit its request. Therefore, the
FAA does not believe that the lack of appeal rights will be a detriment
to filing for PFC authority under the pilot program procedures. The FAA
notes that there has never been an appeal of a PFC decision for a non-
hub airport filed with the U.S. Court of Appeals. The FAA reminds non-
hub airports that the pilot program is optional and, alternatively,
they may file an application under the procedures of Sec. 158.25,
which includes the right to judicial review.
Finally, Sec. 158.30(h) incorporates the Vision 100 requirement
that the pilot program will be in effect for 3 years from the date the
final rule is enacted.
Vision 100 Statutory Changes Applicable to the General PFC Program
Section 158.3 Definitions
The proposed rule will add the definition of ``significant business
interest'' to part 158.
Before enactment of Vision 100, 49 U.S.C. 40117(c)(2) and current
Sec. 158.23 required public agencies to provide notice to all air
carriers and foreign air carriers operating at the airport. Vision 100
modifies 49 U.S.C. 40117(c)(2) to limit the public agency notice
requirement to carriers with a ``significant business interest'' at the
airport. Therefore, the FAA proposes to revise Sec. 158.23 to comply
with the statutory change, limiting public agency notice to carriers
with a ``significant business interest'' at the airport. However, part
158 does not define the term ``significant business interest,'' and
that phrase is an integral part of the modified PFC process. Based on
this change, the proposed rule will provide such a definition, using
the following definition from Sec. 123(a)(1) of Vision 100:
``* * * an air carrier or foreign air carrier that had no less
than 1.0 percent of passenger boardings at the airport in the prior
calendar year, had at least 25,000 passenger boardings at the
airport in the prior calendar year, or provides scheduled service at
the airport.''
Section 158.23 Consultation with air carriers and foreign air carriers
As discussed in the definitions section, Sec. 158.23 currently
requires public agencies to consult with all air carriers and foreign
air carriers before filing a PFC application and before seeking certain
amendments to a previously approved PFC. 49 U.S.C. 40117(c)(2) is the
basis for this section. As discussed above, Sec. 123(a) of Vision 100
modified 49 U.S.C. 40117(c)(2), with the following:
``(F) For the purposes of this section, an eligible agency
providing notice and an opportunity for consultation to an air
carrier or foreign air carrier is deemed to have satisfied the
requirements of this paragraph if the eligible agency limits such
notices and consultations to air carriers and foreign air carriers
that have a significant business at the airport. In the
subparagraph, the term `significant business interest' means an air
carrier or foreign air carrier that had no less than 1.0 percent of
passenger boardings at the airport in the prior calendar year, had
at least 25,000 passenger boardings at the airport in the prior
calendar year, or provides scheduled service at the airport.''
To comply with the statutory change, the proposed rule limits the
required consultation to only those air carriers and foreign air
carriers having a significant business interest at the airport.
Vision 100 modifies the carrier consultation requirements by
dropping the requirement that the public agency consult with all air
carriers and foreign air carriers who have operated at the airport
during the previous year. Vision 100 substitutes in its place a
requirement that the public agency consult with carriers having a
significant business interest at the airport. The FAA notes that the
Vision 100 definition of significant business interest would capture
all carriers that have filed consultation comments on the various PFC
applications over the last five years.
However, the FAA notes that the definition of a carrier with a
significant business interest at the airport may create possible
confusion in certain situations. Under Sec. 158.11, a public agency
may request to exclude a class of carriers from the requirement to
collect the PFC. The public agency is not required to consult with
carriers that are a part of a proposed excluded class.
One possible excluded class is a carrier or carriers flying to a
particular isolated community. If designated as an excluded class, a
carrier may thus be exempt from collecting a PFC for a specific flight
under Sec. 158.11(2) but also qualify as having a significant business
interest at the airport because of its other operations. The exemption
in Sec. 158.11 is regulatory and based on FAA discretion while the
significant business interest notice requirement in Vision 100 is
statutory. Because of the statutory requirement, if a public agency
determines that a carrier has a significant business interest in its
airport, the FAA will not approve the public agency's request under
Sec. 158.11 to avoid consultation with that carrier. This is the case
even if the public agency would otherwise be able to use the exemption.
The FAA notes that an air carrier need only provide scheduled service
to qualify as a significant business interest under the statutory
definition.
Vision 100 also requires that non-hub airports participating in the
pilot program must follow the same significant business interest notice
requirements as all other PFC applicants. Therefore, proposed Sec.
158.23 requires participating pilot program public agencies to follow
the significant business interest notice requirements. For further
discussion of non-nub pilot program requirements see the discussion of
proposed Sec. 158.30.
Section 158.24 Notice and Opportunity for Public Comment
Before enactment of Vision 100, public agencies were not required
by statute or regulation to seek public comment of proposed PFC's. Only
the FAA was so required. This occurred after the public agency filed
the PFC application for FAA approval. Public agencies were only
required to consult with all air carriers at an airport, not with the
public. Vision 100 now requires public agencies to seek public comment
before filing a PFC application with the FAA. Section 123(a)(3) of
Vision 100 amends 49 U.S.C. 40117(c) by inserting the following:
``(3) Before submitting an application, the eligible agency must
provide reasonable notice and an opportunity for public comment. The
Secretary shall prescribe regulations that define reasonable notice
and provide for at least the following under this paragraph;
``(A) A requirement that the eligible agency provide public
notice of intent to collect a passenger facility fee so as to inform
those interested persons and agencies that may be affected. The
public notice may include--
``(i) publication in local newspapers of general circulation;
``(ii) publication in other local media; and
``(iii) posting the notice on the agency's Internet website.
``(B) A requirement for submission of public comments no sooner
than 30 days, and no later than 45 days, after the date of the
publication of the notice.
``(C) A requirement that the agency include in its application
or notice submitted under
[[Page 32304]]
subparagraph (A) copies of all comments received under subparagraph
(B).''
To comply with this statutory change, the proposed rule will create
a new Sec. 158.24 that requires public agencies to provide reasonable
notice and an opportunity for public comment. Public agencies must
comply with this notice requirement before filing with the FAA an
application to collect a PFC or a notice of intent to impose or use a
PFC under the non-hub pilot program. The goal of this requirement is to
provide notice and the opportunity to comment to the public of the
potential existence of a PFC that may affect them. The public will have
the opportunity to provide comments based on a detailed notice, before
the public agency files a PFC application or a non-hub pilot program
notice of intent with the FAA.
In determining what constituted a reasonable notice, the FAA looked
at the information that public agencies must provide in the
consultation notice and at the air carrier consultation meeting.
Information on any proposed excluded class of carriers was deemed
unnecessary for the public comment process.
A requirement that the public agency provide information on the
class of carriers it proposes to exclude was not included among the
requirements of the public comment notice. In the FAA's 2002
examination of the PFC program, the FAA found there were no comments
filed during the air carrier consultation about a proposed excluded
class of carriers. Similarly, there were no comments filed in response
to the FAA's Federal Register notice about a proposed excluded class of
carriers.
Based on the existing consultation process requirements, the FAA is
proposing that a reasonable public notice must contain the following
items:
(1) A description of each project the public agency proposes to
fund with the PFC. The FAA expects that this description could be as
brief as, for example, ``extend taxiway A 500 feet to the north''.
However, the description must be more than, for example, ``airfield
pavements.'' It must clearly identify the proposed work;
(2) A brief justification for each project the public agency
proposes to fund with the PFC. The public agency must make available a
more detailed justification or justification documents upon request of
the public. A more detailed project justification is not included in
the public comment process for two reasons. First, a discussion of a
project's justification may be complex in nature, requiring information
that could far exceed the intended scope of the public comment notice.
Second, most proposed projects are also in the public agency's airport
master plan and/or environmental documents and the public has an
opportunity to comment on these projects through other means. The FAA
believes that reasonable public notice should not require that the
public agency duplicate other processes. Thus, the proposed rule does
not include a requirement to provide detailed project justification in
the public comment notice.
(3) The PFC level for each project;
(4) The estimated amount of PFC revenue the public agency will use
for each project;
(5) The proposed charge effective date for the application or
notice of intent;
(6) The estimated charge expiration date for the application or
notice of intent;
(7) The estimated total PFC revenue the public agency will collect
for the application or notice of intent; and,
(8) The name of and contact information for the person within the
public agency to whom comments should be sent.
The public agency must make the notice available to interested
parties through one or more of the following methods:
(1) Publication in a local newspaper,
(2) Publication in other local media,
(3) Posting on the public agency's Web site, or
(4) Some other method acceptable to the FAA.
The FAA added the fourth option, ``other methods acceptable to the
FAA,'' to those in Vision 100 to increase the flexibility available to
the public agencies. The FAA advises that if a public agency wishes to
use an alternative method, it must first discuss the method with the
FAA to make sure the method is acceptable. In general, the FAA will
expect the public agency to use a method of publication that is readily
available to most of the local community. The public agency may also
wish to provide this notice to air carriers who do not meet the
definition of a significant business interest under Sec. 158.23. This
could be accomplished by posting the notice with fixed base operators
or similar common areas on the airport or in national trade
publications.
To comply with Vision 100, the proposed rule also directs the
public agency to establish a comment period of between 30 and 45 days.
This comment period starts on the day after the date of publication of
the notice.
Finally, as noted above, this public comment period is required for
both general PFC applications and for those participating in the non-
hub airport pilot program. The discussion of proposed Sec. 158.30
contains further details on the non-hub pilot program.
Section 158.37 Amendment of Approved PFC
There is no statutory provision controlling amendments, even after
the enactment of Vision 100. The PFC amendment process is controlled
solely by FAA regulation, under Sec. 158.37, based on the FAA's
discretion. This allows for flexibility in the public agency's
management of its PFC program.
Under existing Sec. 158.37, there are two different procedures
used by public agencies to amend PFC decisions. The first method
applies when the public agency seeks to:
(1) Decrease the total amount of PFC revenue approved for
collection,
(2) Decrease the PFC level to be collected from each passenger, or
(3) Increase the amount being collected by 15 percent or less of
the total approved for collection.
This method allows the change to go into effect without the
consultation or approval of the FAA. However, FAA policy is to issue a
letter acknowledging the changes. The FAA usually issues this letter
between 30 and 60 days of the date of the public agency's notice. The
public agency also does not have to consult with air carriers before
implementing changes under this method of amendment process. However,
the public agency must notify the collecting air carriers and the FAA
of a change due to this amendment process.
The second method applies when the public agency seeks to:
(1) Increase the PFC level to be collected from each passenger,
(2) Materially alter the scope of an approved project,
(3) Increase the total approved PFC revenue by more than 15
percent, or
(4) Establish or amend a class of carriers which is to be excluded
from the requirement to collect the PFC.
This method requires the public agency to apply to the FAA for
approval of the amendment request. This method also requires the public
agency to undertake consultation with the air carriers before filing
the amendment application. The FAA will process an amendment filed
under the second method in one of two ways.
First, if there is no carrier disagreement to the proposed
amendment actions, the FAA will evaluate the amendment application and
issue its decision within 30 days of receipt of the application.
[[Page 32305]]
Alternatively, if there is carrier disagreement to one or more of
the proposed amendment actions, the FAA will evaluate the amendment
application as well as any disagreements presented during the
consultation process. Under these procedures, the FAA has the option of
publishing a Federal Register notice seeking public comment on the
proposed amendment actions. If there is a notice, the FAA will include
any comments received because of the notice in its analysis of the
amendment request. The FAA will issue its decision within 120 days of
receipt of the amendment application.
In part because of the statutory streamlining changes contained in
Vision 100, the FAA has decided to change the amendment procedures
because they should not be more complicated than the initial
application rules.
Furthermore, the FAA's experience with the current regulation leads
to the conclusion that several of the current amendment procedures are
confusing to public agencies. The areas of confusion mostly center on:
(1) When a public agency must conduct additional consultation;
(2) What constitutes a material change in the scope of the project;
and
(3) How to determine if a request to increase PFC revenue is above
the 15 percent threshold.
In addition, the FAA has identified a concern that a public agency
could make a major increase in the PFC's dedication to one project
while at the same time decreasing the PFC's on another project. A
public agency could thus avoid the requirement for further air carrier
consultation. The FAA believes actions of this type undermine the
intent of the air carrier consultation provision.
The proposed rule will revise this section to streamline the PFC
amendment procedures. The revisions to Sec. 158.37 will create only
one procedure for public agencies to use when seeking to amend PFC
decisions. It will also assure that the FAA processes non-controversial
amendments promptly. The proposed revisions to the amendment rules will
continue to provide flexibility to the public agencies by allowing them
to change approved projects, increase or decrease the PFC level, and
otherwise respond quickly when financial or technical changes in a
project are necessary.
Section 158.37(a) discusses the types of actions for which an
amendment is allowed and those for which one is not allowed. Allowable
actions will include:
(1) Increasing or decreasing the PFC level to be charged to a
passenger;
(2) Changing the scope of a project;
(3) Increasing or decreasing the amount of PFC revenue to be used
on a project; and
(4) Establishing or amending an excluded class of carriers.
The new language deletes the term ``materially alter the scope of
an approved project'' as a basis for an amendment since this term has
caused much of the confusion. A public agency may still alter a project
description, which will now be called a change of scope. The amendment
rules limit the changes that a public agency can make. Changing the
scope of a project by amendment must remain true to the nature and
structure of the approved project. Changing approved projects to a
different type of project, adding new unrelated work elements, or
constructing the same type of project for a different purpose than a
project previously approved by the FAA, are new projects. These types
of modifications require processing as a new application, rather than
as an amendment.
Examples of changing the scope include:
(1) Trying to amend an approved taxiway construction project to
include extending a runway; and
(2) Trying to amend an approved facility construction project to
include the same type of facility but at a different location. For
example, a request to amend a taxiway construction project approved for
one side of the airfield to add taxiway construction on the opposite
side of the airfield will be unacceptable.
Another change to the rule is that increases and decreases of PFC
revenue will be calculated on a project-by-project basis, rather than
as a change in the total amount approved for an application. In
addition, the FAA is proposing that an increase of more than 25 percent
above the original approved amount for a project be the threshold to
determine if the opportunity for additional consultation and public
comment is needed. These changes should address the cause for some of
the public agencies' confusion as well as addressing the FAA's concern
about significant funding changes.
Under the new Sec. 158.37(b), any public agency requesting an
amendment must receive approval from the FAA. The amendment application
will include a description of the proposed amendment. The public agency
must provide justification for the amendment if it includes a change in
the scope of the project or an increase in the total approved PFC
revenue for a project. In addition, public agencies of large and medium
hub airports must provide a discussion on how the project meets the
significant contribution requirement of Sec. 158.17(b), for any
project in the amendment seeking to increase the PFC level above $3.00.
The public agency must follow the air carrier consultation and
public comment requirements of Sec. Sec. 158.23 and 158.24 if the
amendment request is to:
(1) Increase the original PFC amount for any project by more than
25 percent;
(2) Change the scope of a project; or
(3) Increase the PFC level.
The public agency must also include copies of any comments received
during the carrier consultation and public comment processes in its
amendment request. This requirement ensures that all interested parties
have the opportunity to provide comments on significant changes to the
approved PFC program.
Section 158.37(c) provides the FAA's decision-making procedures for
amendments. The FAA must either approve, partially approve or
disapprove each amendment request within 30 days of the FAA's receipt
of the request. In deciding, the FAA will consider whether the
amendment is within the structure of the approved project and whether
the project costs are reasonable and necessary for accomplishing the
approved project. The FAA will also consider any comments filed during
the consultation and public comment processes before reaching a
decision.
Finally, to assure proper PFC collections, Sec. 158.37(d) requires
the public agency to notify the carriers of any change to the approved
PFC resulting from an amendment. In addition, the effective date of any
new PFC level must be no earlier than the first day of a month that is
at least 30 days from the date the public agency notifies the carriers.
As noted above, the proposed PFC amendment procedures apply to both
general PFC applications and non-hub airport pilot program notices of
intent.
Section 158.25 Applications
The proposed rule makes several changes to this section. Most of
these changes are necessary to conform to the changes in other sections
of part 158 called for by Vision 100 and as discussed above. The other
changes to this section streamline procedures in keeping with the
intent of Vision 100.
The modifications proposed in Sec. Sec. 158.25(a),
158.25(c)(1)(i), 158.25(c)(1)(ii) and 158.25(c)(2)(ii)(A)-(C) specify
that a public agency must
[[Page 32306]]
use FAA Form 5500-1 (latest edition) and all applicable Attachments
when filing a PFC application under this section. When Part 158 was
issued in 1991, the FAA had not developed PFC application forms. Rather
than delay implementing the program while waiting for forms to be
developed and approved for use, the regulation stated that public
agencies should file a PFC application in a manner and form prescribed
by the Administrator. Since then, the FAA has developed an application
form that the Office of Management and Budget has approved for use.
This current version of the application form has been in use, with
minor modifications, since 2000.
The proposed rule will change Sec. 158.25(b)(11) to be consistent
with the change to Sec. 158.23 limiting consultation to only those
carriers with a significant business interest at the airport. This
proposed rule will also change Sec. 158.25(b)(11) to include the
requirement for a public comment period under new Sec. 158.24. This
new language will require public agencies to treat comments received
from the public in a manner similar to the way they treat comments from
air carriers under the existing rules.
The proposed rule will also create a new Sec. 158.25(b)(14) to
incorporate the requirement in Vision 100 that public agencies include
a copy of all comments received during the air carrier consultation and
public comment processes in the PFC application. Section 123(a)(1) of
Vision 100 amends 49 U.S.C. 40117(c) by adding the following to the end
of paragraph (2):
(E) The agency must include in its application or notice
submitted under subparagraph (A) copies of all certifications of
agreement or disagreement received under subparagraph (D).
The FAA notes that many public agencies already voluntarily include
copies of the certifications of agreement and disagreement filed by the
air carriers during the consultation process.
The proposed rule will also change Sec. Sec. 158.25(c)(1)(i) and
158.25(c)(2)(i). These paragraphs set forth the requirements for
applications seeking authority to use PFC revenue. Currently, such
applications require much of the same information that public agencies
previously filed with their applications for authority to impose the
PFC. This is the case even if that information has not changed. The
proposed changes will allow public agencies to incorporate much of the
prior information by reference if nothing has changed since the FAA
approved the impose authority application. These changes will
streamline this process and remove duplicative information.
Finally, the last sentence in Sec. 158.25(a) will be changed. It
currently states that an application that will be ``* * * in a manner
and form prescribed by the Administrator.'' The new sentence will refer
to the actual application. Based on this change, all other sentences in
Sec. 158.25 with the old application reference will change to the new
application reference under the proposed rule.
Section 158.27 Review of Applications
Before enactment of Vision 100, 49 U.S.C. 40117(c)(3) and current
Sec. 158.27(c)(2) required the FAA to publish a notice in the Federal
Register of its intent to rule on an application. This notice invites
public comment about the pending application and sets forth specific
information about the proposed PFC.
Section 123(a)(4) of Vision 100 amends 49 U.S.C. 40117(c)(4)
(redesignated from 49 U.S.C. 40117(c)(3)) by striking ``shall'' and
inserting ``may.'' This statutory change allows the FAA the option of
publishing a notice in the Federal Register rather than requiring the
notice. To comply with the statute, the proposed rule changes
Sec. Sec. 158.27(c)(2), 158.27(c)(3) and 158.25(c)(4) to incorporate
this statutory change by making the Federal Register notice optional.
The FAA expects that it will publish a notice in the Federal
Register only for those applications with significant issues or public
controversy. The FAA generally views intermodal ground transportation
access projects as significant because they connect to off-airport
transit systems and because they can be quite costly. In addition, when
a terminal project involves airline competition or leasing, the FAA is
also likely to consider it significant. The FAA has found that terminal
projects involving competition or leasing may be perceived as
benefiting one carrier over another and, thus, require more Federal
scrutiny. In addition, terminal projects are often financed with
significant amounts of PFC revenue. Finally, the FAA will analyze
comments received as a result of both the airline consultation and the
public comment processes and may publish a Federal Register notice if
there are issues raised during these processes that are controversial.
This change will enable the FAA to issue non-controversial decisions in
as few as 45 to 60 days rather than the current standard of 75 to 120
days.
Section 158.29 The Administrator's Decision
The proposed rule will change Sec. 158.29(c)(2) to include a
reference to the new Sec. 158.24 (public comment). If the FAA has
disapproved an application or a project, Sec. 158.29(c)(2) sets forth
the requirements to reapply for PFC approval. The regulation currently
requires that the public agency comply with the air carrier
consultation requirements of Sec. 158.23 before resubmitting an
application. The FAA has determined that compliance with Sec. 158.24
should also be a requirement for any action under Sec. 158.29(c)(2).
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
is no current new information collection requirements associated with
this proposed rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
Economic Assessment, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs that each
Federal agency propose or adopt a regulation only upon a determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from
setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, this Trade
Act also requires agencies to consider international standards and,
where appropriate, use them as the basis of U.S. standards. Fourth, the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires
agencies to prepare a written assessment of the costs,
[[Page 32307]]
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by private sector, of $100
million or more annually (adjusted for inflation).
In conducting these analyses, FAA has determined this rule (1) has
benefits that justify its costs, is not a ``significant regulatory
action'' as defined in section 3(f) of Executive Order 12866, and is
not ``significant'' as defined in DOT's Regulatory Policies and
Procedures; (2) will not have a significant economic impact on a
substantial number of small entities; (3) will have a neutral trade
impact; and (4) does not impose an unfunded mandate on state, local, or
tribal governments, or on the private sector. These analyses, available
in the docket, are summarized below.
Total Costs and Benefits of This Rulemaking
The estimated net cost saving of this proposed rule is estimated at
$3,550,000 or $2,544,850, discounted. Although the pilot program would
terminate after 3 years, the other proposed provisions would continue.
Airports are estimated to have net cost savings over a 10-year period
of $3,075,000 or $2,211,250, discounted. The FAA is estimated to have
net cost savings of $475,000 over a 10-year period or $333,600,
discounted. Air carriers would incur only minimal costs in adjusting to
the proposed changes to Part 158.
Who Is Potentially Affected by This Rulemaking
Commercial airports, air carriers servicing these airports and the
traveling public using these airports.
Our Cost Assumptions and Sources of Information
Discount rate--7%.
Period of analysis--2005-2007 for savings associated with
the pilot program and 2005-2014 for proposed regulatory changes.
Monetary values expressed in 2003 dollars.
Costs (per individual action):
------------------------------------------------------------------------
------------------------------------------------------------------------
Airport cost to notify and consult with an air carrier $175
regarding a PFC application.................................
Airport cost to solicit and include public comment on PFC $600
application.................................................
Airport cost (non-hub airports) to file a PFC application.... $5,000
Airport cost-savings for PFC use application................. $5,000
Airport cost-savings for PFC amendment....................... $1,667
FAA cost of Federal Register notice.......................... $500
------------------------------------------------------------------------
These cost figures are based on the results of a study conducted by
the FAA, the FAA's experience with the administration of the PFC
program, and as part of figures determined for paperwork reduction
analysis.
Alternatives We Considered
The FAA hired a consultant to review past PFC records of decisions
and other related materials to assess whether certain PFC procedures
could be streamlined. On the basis of the study, the FAA put forward
several ideas for streamlining the PFC process as part of the
Administration's Reauthorization proposal. Many of these proposals were
incorporated into the Vision 100 law.
Benefits of This Rulemaking
The FAA estimates that the net effect of the proposed changes would
be a decrease in cost for airports and have a neutral effect on air
carriers and airline passengers.
Cost of This Rulemaking
Airports would realize net cost savings over a 10-year period of
$3,075,000 or $2,211,300, discounted.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit
regulatory requirements to the scale of the business, organizations,
and governmental jurisdictions subject to the regulation. We are
required to determine whether a proposed or final action will have a
``significant economic impact on a substantial number of small
entities'' as they are defined in the Act. If we find that the action
will have a significant impact, we must do a ``regulatory flexibility
analysis.''
The FAA has determined that this proposed rule will not impose
costs on small commercial service airports. Rather, costs associated
with this proposed rule will be limited to only what is authorized by
statute. Moreover, actual PFC collection authority is not affected by
the proposal and all costs are fully recoverable through the PFC, if
necessary, by small adjustments in the period of PFC collection. The
FAA estimates that a small airport will realize net cost-savings of
approximately $9,400 annually under the proposed rule.
The FAA conducted the required review of this proposed rule and
determined that it will not have a significant economic impact.
Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C.
605(b), the FAA certifies that this proposed rule will not have a
significant impact on a substantial number of small entities. The FAA
seeks public comments regarding this finding and requests that all
comments be accompanied with detailed supporting data.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this proposed rule and has determined that, to the
extent it imposes any costs affecting international entities, it will
impose the same costs on domestic and international entities for
comparable services, and thus has a neutral trade impact.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.''
This proposed rule does not contain such a mandate. The
requirements of Title II of the Act, therefore, do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore would not have federalism implications.
Plain English
Executive Order 12866 (58 FR 51735, Oct. 4, 1993) requires each
agency to write regulations that are simple and
[[Page 32308]]
easy to understand. We invite your comments on how to make these
proposed regulations easier to understand, including answers to
questions such as the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain unnecessary technical
language or jargon that interferes with their clarity?
Would the regulations be easier to understand if they were
divided into more (but shorter) sections?
Is the description in the preamble helpful in
understanding the proposed regulations?
Please send your comments to the address specified in the ADDRESSES
section.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1D,
appendix 4, paragraph 4(j), this proposed rulemaking action qualifies
for a categorical exclusion.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
List of Subjects in 14 CFR Part 158
Air carriers, Airports, Passenger facility charge, Public agencies,
Collection compensation.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend part 158 of title 14, Code of Federal
Regulations, as follows:
PART 158--PASSENGER FACILITY CHARGES (PFC'S)
1. The authority citation for part 158 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40116-40117, 47106, 47111, 47114-
47116, 47524, 47526.
2. Amend Sec. 158.3 to add the following definitions:
Sec. 158.3 Definitions.
* * * * *
Non-hub airport means a commercial service airport (as defined in
49 U.S.C. 47102) that has less than 0.05 percent of the passenger
boardings in the U.S. in the prior calendar year on an aircraft in
service in air commerce.
* * * * *
Significant business interest means an air carrier or foreign air
carrier that:
(1) Had no less than 1.0 percent of passenger boardings at that
airport in the prior calendar year,
(2) Had at least 25,000 passenger boardings at the airport in that
prior calendar year, or
(3) Provides scheduled service at that airport.
* * * * *
3. Amend Sec. 158.23 by revising paragraph (a) introductory text
to read as follows:
Sec. 158.23 Consultation with air carriers and foreign air carriers.
(a) Notice by public agency. A public agency must provide written
notice to air carriers and foreign air carriers having a significant
business interest at the airport where the PFC is proposed. A public
agency must provide this notice before the public agency files an
application with the FAA for authority to impose a PFC under Sec.
158.25(b). In addition, public agencies must provide this notice before
filing an application with the FAA for project approval under Sec.
158.25(c). Public agencies must also provide this notice before filing
a notice of intent to impose and/or use a PFC under Sec. 158.30.
Finally, a public agency must provide this notice before filing a
request to amend a previously approved PFC as discussed in Sec.
158.37(b)(1). The notice shall include:
* * * * *
4. Add Sec. 158.24 to read as follows:
Sec. 158.24 Notice and opportunity for public comment.
(a) Notice by public agency. (1) A public agency must provide
written notice and an opportunity for public comment before:
(i) Filing an application with the FAA for authority to impose a
PFC under Sec. 158.25(b);
(ii) Filing an application with the FAA for project approval under
Sec. 158.25(c);
(iii) Filing a notice of intent to impose and/or use a PFC under
Sec. 158.30; and
(iv) Filing a request to amend a previously approved PFC as
discussed in Sec. 158.37(b)(1).
(2) The notice must allow the public to file comments for at least
30 days, but no more than 45 days, after the date of publication of the
notice or posting on the public agency's Web site, as applicable.
(b) Notice contents. (1) The notice required by Sec. 158.24(a)
must include:
(i) A description of the project(s) the public agency is
considering for funding by PFC's;
(ii) A brief justification for each project the public agency is
considering for funding by PFC's;
(iii) The PFC level for each project;
(iv) The estimated total PFC revenue the public agency will use for
each project;
(v) The proposed charge effective date for the application or
notice of intent;
(vi) The estimated charge expiration date for the application or
notice of intent;
(vii) The estimated total PFC revenue the public agency will
collect for the application or notice of intent; and
(viii) The name of and contact information for the person within
the public agency to whom comments should be sent.
(2) The public agency must make available a more detailed project
justification or the justification documents to the public upon
request.
(c) Distribution of notice. The public agency must make the notice
available to the public and interested agencies through one or more of
the following methods:
(1) Publication in local newspapers of general circulation;
(2) Publication in other local media;
(3) Posting the notice on the public agency's Internet website; or
(4) Any other method acceptable to the Administrator.
5. Revise Sec. 158.25 to read as follows:
Sec. 158.25 Applications.
(a) General. This section specifies the information the public
agency must file when applying for authority to impose a PFC and for
authority to use PFC revenue on a project. A public agency may apply
for such authority at any commercial service airport it controls. The
public agency must use the proposed PFC to finance airport-related
projects at that airport or at any existing or proposed airport that
the public agency controls. A public agency may apply for authority to
impose a PFC before or concurrent with an application to use PFC
revenue. The public agency may file an application. If a public agency
chooses to apply, it must do so by using FAA Form 5500-1, PFC
Application (latest edition) and all applicable Attachments. The public
agency must provide the information required under paragraphs (b) or
(c), or both, of this section.
(b) Application for authority to impose a PFC. This paragraph sets
forth
[[Page 32309]]
the information to be submitted by all public agencies seeking
authority to impose a PFC. A separate application shall be submitted
for each airport at which a PFC is to be imposed. The application shall
be signed by an authorized official of the public agency, and, unless
otherwise authorized by the Administrator, must include the following:
(1) The name and address of the public agency.
(2) The name and telephone number of the official submitting the
application on behalf of the public agency.
(3) The official name of the airport at which the PFC is to be
imposed.
(4) The official name of the airport at which a project is
proposed.
(5) A copy of the airport capital plan or other documentation of
planned improvements for each airport at which a PFC financed project
is proposed.
(6) A description of each project proposed.
(7) The project justification, including the extent to which the
project achieves one or more of the objectives set forth in Sec.
158.15(a) and (if a PFC level above $3 is requested) the requirements
of Sec. 158.17. In addition--
(i) For any project for terminal development, including gates and
related areas, the public agency shall discuss any existing conditions
that limit competition between and among air carriers and foreign air
carriers at the airport, any initiatives it proposes to foster
opportunities for enhanced competition between and among such carriers,
and the excepted results of such initiatives; or
(ii) For any terminal development project at a covered airport, the
public agency shall submit a competition plan in accordance with Sec.
158.19.
(8) The charge to be imposed for each project.
(9) The proposed charge effective date.
(10) The estimated charge expiration date.
(11) Information on the consultation with air carriers and foreign
air carriers having a significant business interest at the airport and
the public comment process, including:
(i) A list of such carriers and those notified;
(ii) A list of carriers that acknowledged receipt of the notice
provided Sec. 158.23(a);
(iii) Lists of carriers that certified agreement and that certified
disagreement with the project;
(iv) Information on which method under Sec. 158.24(b) the public
agency used to meet the public notice requirement; and
(v) A summary of substantive comments by carriers contained in any
certifications of disagreement with each project and disagreements with
each project provided by the public, and the public agency's reasons
for continuing despite such disagreements.
(12) If the public agency is also filing a request under Sec.
158.11--
(i) The request;
(ii) A copy of the information provided to the carriers under Sec.
158.23(a)(3);
(iii) A copy of the carriers' comments with respect to such
information;
(iv) A list of any class or classes of carriers that would not be
required to collect a PFC if the request is approved; and
(v) The public agency's reasons for submitting the request in the
face of opposing comments.
(13) A copy of information regarding the financing of the project
presented to the carriers and foreign air carriers under Sec. 158.23
of this part and as revised during the consultation.
(14) A copy of all comments received as a result of the carrier
consultation and public comment processes.
(15) For an application not accompanied by a concurrent application
for authority to use PFC revenue:
(i) A description of any alternative methods being considered by
the public agency to accomplish the objectives of the project;
(ii) A description of alternative uses of the PFC revenue to ensure
such revenue will be used only on eligible projects in the event the
proposed project is not approved;
(iii) A timetable with projected dates for completion of project
formulation activities and submission of an application to use PFC
revenue; and
(iv) A projected date of project implementation and completion.
(16) A signed statement certifying that the public agency will
comply with the assurances set forth in Appendix A to this Part.
(17) Such additional information as the Administrator may require.
(c) Application for authority to use PFC revenue. A public agency
may use PFC revenue only for projects approved under this paragraph.
This paragraph sets forth the information that a public agency shall
submit, unless otherwise authorized by the Administrator, when applying
for the authority to use PFC revenue to finance specific projects.
(1) An application submitted concurrently with an application for
the authority to impose a PFC, must include:
(i) FAA Form 5500-1 without attachments except as required below;
(ii) For any projects where there have been no changes since the
FAA approved authority to impose a PFC for those projects, a list of
projects included in this application for use authority. The FAA will
consider the information on these projects, filed with the impose
authority application, incorporated by reference;
(iii) For any project that has changed since receiving impose
authority, the public agency must file an Attachment B for that project
clearly describing the changes to the project; and
(iv) An FAA Form 5500-1, Attachment G, Airport Layout Plan,
Airspace, and Environmental Findings (latest edition) providing the
following information:
(A) For projects required to be shown on an ALP, the ALP depicting
the project has been approved by the FAA and the date of such approval;
(B) All environmental reviews required by the National
Environmental Policy Act (NEPA) of 1969 have been completed and a copy
of the final FAA environmental determination with respect to the
project has been approved, and the date of such approval, if such
determination is required; and
(C) The final FAA airspace determination with respect to the
project has been completed, and the date of such determination, if an
airspace study is required.
(v) The information required by Sec. Sec. 158.25(b)(16) and
158.25(b)(17).
(2) An application where the authority to impose a PFC has been
previously approved:
(i) Must not be filed until the public agency conducts further
consultation with air carriers and foreign air carriers under Sec.
158.23. However, the meeting required under Sec. 158.23(a)(4) is
optional if there are no changes to the projects after approval of the
impose authority and further opportunity for public comment under Sec.
158.24; and
(ii) Must include a summary of further air carrier consultation and
the public agency's response to any disagreements submitted under the
air carrier consultation and public comment processes conducted under
paragraph (c)(2)(i) of this section;
(iii) Must include the following, updated and changed where
appropriate:
(A) The information required under (c)(1)(i) of this section;
(B) The information required under (c)(1)(ii) of this section; and
(C) The information required by Sec. Sec. 158.25(b)(16) and
158.25(b)(17).
[[Page 32310]]
6. Amend Sec. 158.27 by revising paragraphs (c)(2), (c)(3)
introductory text, and (c)(4) to read as follows:
Sec. 158.27 Review of applications.
* * * * *
(c) * * *
(2) The Administrator may opt to publish a notice in the Federal
Register advising that the Administrator intends to rule on the
application and inviting public comment, as set forth in paragraph (e)
of this section. If the Administrator publishes a notice, the
Administrator will provide a copy of the notice to the public agency.
(3) If the Administrator publishes a notice, the public agency--
* * * * *
(4) After reviewing the application and any public comments
received from a Federal Register notice, the Administrator issues a
final decision approving or disapproving the application, in whole or
in part, before 120 days after the FAA Airports office received the
application.
* * * * *
7. Amend Sec. 158.29 by revising paragraph (c)(2) to read as
follows:
Sec. 158.29 The Administrator's decision.
* * * * *
(c) * * *
(2) A public agency reapplying for approval to impose or use a PFC
must comply with Sec. Sec. 158.23, 158.24, and 158.25 of this part.
* * * * *
8. Add Sec. 158.30 to subpart A to read as follows:
Sec. 158.30 Pilot Program for PFC Authorization at Non-Hub Airports.
(a) General. This section specifies the procedures a public agency
controlling a non-hub airport must follow when notifying the FAA of its
intent to impose a PFC and to use PFC revenue on a project under this
section. In addition, this section describes the FAA's rules for
reviewing and acknowledging a notice of intent filed under this
section. A public agency may notify the FAA of its intent to impose a
PFC before or concurrent with a notice of intent to use PFC revenue. A
public agency must file a notice of intent in the manner and form
prescribed by the Administrator and must include the information
required under paragraphs (b), (c), or both, of this section.
(b) Notice of intent to impose a PFC. This paragraph sets forth the
information a public agency must file to notify the FAA of its intent
to impose a PFC under this section. The public agency must file a
separate notice of intent for each airport at which the public agency
plans on imposing a PFC. An authorized official of the public agency
must sign the notice of intent and, unless authorized by the
Administrator, must include:
(1) A completed FAA Form 5500-1, PFC Application (latest edition)
without attachments except as required below;
(2) Project information (in the form and manner prescribed by the
FAA) including the project title, PFC funds sought, PFC level sought,
and, if an existing Airport Improvement Program (AIP) grant already
covers this project, the grant agreement number.
(3) If an existing AIP grant does not cover this project, the
notice of intent must include the information in paragraph (b)(2) of
this section as well as the following:
(i) Additional information describing the proposed schedule for the
project,
(ii) A description of how this project meets one of the PFC
objectives in Sec. 158.15(a), and
(iii) A description of how this project meets the adequate
justification requirement in Sec. 158.15(c).
(4) A copy of any comments received by the public agency during the
air carrier consultation and public comment processes (Sec. 158.23 and
Sec. 158.24) and the public agency's response to any disagreements.
(5) If applicable, a request to exclude a class of carriers from
the requirement to collect the PFC (Sec. 158.11).
(6) A signed statement certifying that the public agency will
comply with the assurances set forth in Appendix A to this Part.
(7) Any additional information the Administrator may require.
(c) Notice of intent to use PFC revenue. A public agency may use
PFC revenue only for projects included in notices filed under this
paragraph or approved under Sec. 158.29. This paragraph sets forth the
information that a public agency must file, unless otherwise authorized
by the Administrator, in its notice of intent to use PFC revenue to
finance specific projects under this section.
(1) A notice of intent to use PFC revenue filed concurrently with a
notice of intent to impose a PFC must include:
(i) The information required under paragraphs (b)(1) through (7) of
this section;
(ii) A completed FAA Form 5500-1, Attachment G, Airport Layout
Plan, Airspace, and Environmental Findings (latest edition) for all
projects not included in an existing Federal airport grant program
grant.
(2) A notice of intent to use PFC revenue where the FAA has
previously acknowledged a notice of intent to impose a PFC must:
(i) Be preceded by further consultation with air carriers and the
opportunity for public comment under Sec. 158.23 and Sec. 158.24 of
this part. However, a meeting with the air carriers is optional if all
information is the same as that provided with the impose authority
notice;
(ii) Include a copy of any comments received by the public agency
during the air carrier consultation and public comment processes (Sec.
158.23 and Sec. 158.24) and the public agency's response to any
disagreements or negative comments; and
(iii) Include any updated and changed information:
(A) Required by paragraphs (b)(1), (2), (5), (6), and (7) of this
section; and
(B) Required by paragraph (c)(1)(ii) of this section.
(d) FAA review of notices of intent. The FAA will review the notice
of intent to determine that:
(1) The amount and duration of the PFC will not result in revenue
that exceeds the amount necessary to finance the project(s);
(2) Each proposed project meets the requirements of Sec. 158.15;
(3) Each project proposed at a PFC level above $3 meets the
requirements of Sec. 158.17(a)(2) and (3);
(4) All applicable airport layout plan, airspace, and environmental
requirements have been met for each project;
(5) Any request by the public agency to exclude a class of carriers
from the requirement to collect the PFC is reasonable, not arbitrary,
nondiscriminatory, and otherwise complies with the law; and
(6) The consultation and public comment processes complied with
Sec. 158.23 and Sec. 158.24.
The FAA will also make a determination regarding the public
agency's compliance with 49 U.S.C. 47524 and 47526 governing airport
noise and access restrictions and 49 U.S.C. 47107(b) governing the use
of airport revenue. Finally, the FAA will review all comments filed
during the air carrier consultation and public comment processes.
(e) FAA acknowledgment of notices of intent. Within 30 days of
receipt of the public agency's notice of intent about its PFC program,
the FAA will issue a written acknowledgment of the public agency's
notice. The FAA's acknowledgment may concur with all proposed projects,
may object to some or all proposed projects, or may object to the
notice of intent in its entirety. The
[[Page 32311]]
FAA's acknowledgment will include the reason(s) for any objection(s).
(f) Public agency actions following issuance of FAA acknowledgment
letter. If the FAA does not object to either a project or the notice of
intent in its entirety, the public agency may implement its PFC
program. The public agency's implementation must follow the information
specified in its notice of intent. If the FAA objects to a project, the
public agency may not collect or use PFC revenue on that project. If
the FAA objects to the notice of intent in its entirety, the public
agency may not implement the PFC program proposed in that notice. When
implementing a PFC under this section, except for Sec. 158.25, a
public agency must comply with all sections of Part 158.
(g) Acknowledgment not an order. An FAA acknowledgment issued under
this section is not considered an order issued by the Secretary for
purposes of 49 U.S.C. 46110 (Judicial Review).
(h) Sunset provision. This section will expire 3 years after the
date of enactment of the final rule.
9. Revise Sec. 158.37 to read as follows:
Sec. 158.37 Amendment of approved PFC.
(a)(1) A public agency may amend an approved PFC to:
(i) Increase or decrease the level of PFC the public agency wants
to collect from each passenger,
(ii) Increase or decrease the total approved PFC revenue,
(iii) Change the scope of an approved project,
(iv) Delete an approved project, or
(v) Establish a new class of carriers under Sec. 158.11 or amend
any such class previously approved.
(2) A public agency may not amend an approved PFC to add projects,
change an approved project to a different facility type, or alter an
approved project to accomplish a different purpose.
(b) The public agency must file a request to the Administrator to
amend an approved PFC decision. The request must include or
demonstrate:
(1)(i) Further consultation with the air carriers and foreign air
carriers and seek public comment in accordance with Sec. Sec. 158.23
and 158.24 when applying for those requests to:
(A) Amend the approved PFC amount for a project by more than 25
percent of the original approved amount,
(B) Change the scope of a project, or
(C) Increase the PFC level.
(ii) No further consultation with air carriers and foreign air
carriers or public comment is required by a public agency in accordance
with Sec. Sec. 158.23 and 158.24 when applying for an amendment in the
following situations:
(A) To institute a decrease in the level of PFC to be collected
from each passenger; or
(B) To institute a decrease in the total PFC revenue; or
(C) To institute an increase of 25 percent or less for any approved
PFC project; or
(D) To establish a new class of carriers under Sec. 158.11 or
amend any such class previously approved.
(2) A copy of any comments received from the processes in paragraph
(b)(1)(i) of this section for the carrier consultation and the
opportunity for public comment in accordance with Sec. Sec. 158.23 and
158.24;
(3) The public agency's reasons for continuing despite any
objections;
(4) A description of the proposed amendment;
(5) Justification, if the amendment involves a change in the PFC
amount for a project by more than 25 percent of the original approved
amount, a change of the approved project scope, or an increase in total
approved PFC revenue for the project;
(6) A description of how each project meets the requirements of
Sec. 158.17(b), for each project proposed for an increase of the PFC
level above $3.00 at a medium or large hub airport;
(7) A signed statement certifying that the public agency has met
the requirements of Sec. 158.19 if applicable, for any amendment
proposing to increase the PFC level above $3.00 at a medium or large
hub airport; and
(8) Any other information the Administrator may require.
(c) The Administrator will approve, partially approve or disapprove
the amendment request and notify the public agency of the decision
within 30 days of receipt of the request. If a PFC level of more than
$3 is approved, the Administrator must find the project meets the
conditions of Sec. 158.17 and Sec. 158.19 if applicable, before the
public agency can implement the new PFC level.
(d) The public agency must notify the carriers of any change to the
approved PFC resulting from an amendment. The effective date of any new
PFC level must be no earlier than the first day of a month which is at
least 30 days from the date the public agency notifies the carriers.
Issued in Washington, DC, on June 4, 2004.
Dennis E. Roberts,
Director, Office of Airport Planning and Programming.
[FR Doc. 04-13050 Filed 6-4-04; 4:29 pm]
BILLING CODE 4910-13-P