[Code of Federal Regulations]
[Title 14, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR158.15]

[Page 184-185]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 158--PASSENGER FACILITY CHARGES (PFC'S)--Table of Contents
 
                           Subpart A--General
 
Sec. 158.15  Project eligibility at PFC levels of $1, $2, or $3.

    (a) To be eligible, a project must--
    (1) Preserve or enhance safety, security, or capacity of the 
national air transportation system;
    (2) Reduce noise or mitigate noise impacts resulting from an 
airport; or
    (3) Furnish opportunities for enhanced competition between or among 
air carriers.
    (b) Eligible projects are any of the following projects--
    (1) Airport development eligible under subchapter I of chapter 471 
of 49 U.S.C.;
    (2) Airport planning eligible under subchapter I of chapter 471 of 
49 U.S.C.;

[[Page 185]]

    (3) Terminal development as described in 49 U.S.C. 47110(d);
    (4) Airport noise compatibility planning as described in 49 U.S.C. 
47505;
    (5) Noise compatibility measures eligible for Federal assistance 
under 49 U.S.C. 47504, without regard to whether the measures have been 
approved pursuant to 49 U.S.C. 47504; or
    (6) Construction of gates and related areas at which passengers are 
enplaned or deplaned and other areas directly related to the movement of 
passengers and baggage in air commerce within the boundaries of the 
airport. These areas do not include restaurants, car rental facilities, 
automobile parking facilities, or other concessions. In the case of a 
project required to enable additional air service by an air carrier with 
less than 50 percent of the annual passenger boardings at an airport, a 
project for constructing gates and related areas may include structural 
foundations and floor systems, exterior building walls and load-bearing 
interior columns or walls, windows, door, and roof systems, building 
utilities (including heating, air conditioning, ventilation, plumbing, 
and electrical service), and aircraft fueling facilities adjacent to the 
gate.
    (c) An eligible project must be adequately justified to qualify for 
PFC funding.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; 
Amdt. 158-2, 65 FR 34541, May 30, 2000]