[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: 14CFR158.23]

[Page 185-186]
 
                     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 B--Application and Approval
 
Sec. 158.23  Consultation with air carriers and foreign air carriers.

    (a) Notice by public agency. Prior to submitting an application to 
the FAA for authority to impose a PFC under Sec. 158.25(b) and for 
project approval under Sec. 158.25(c), a public agency shall provide 
written notice to all air carriers and foreign air carriers operating at 
the airport except those air carriers that the public agency may choose 
to

[[Page 186]]

request not to collect PFC's as provided by Sec. 158.11. The notice 
shall include--
    (1) Descriptions of projects being considered for funding by PFC's;
    (2) The PFC level for each project, the proposed charge effective 
date, the estimated charge expiration date, and the estimated total PFC 
revenue;
    (3) For a request by a public agency that any class or classes of 
carriers not be required to collect the PFC--
    (i) The designation of each such class,
    (ii) The names of the carriers belonging to each such class, to the 
extent the names are known,
    (iii) The estimated number of passengers enplaned annually by each 
such class, and
    (iv) The public agency's reasons for requesting that carriers in 
each such class not be required to collect the PFC; and
    (4) Except as provided in Sec. 158.25(c)(2), the date and location 
of a meeting at which the public agency will present such projects to 
air carriers and foreign air carriers operating at the airport.
    (b) Meeting. The meeting required by paragraph (a)(4) of this 
section shall be held no sooner than 30 days nor later than 45 days 
after issuance of the written notice required by paragraph (a) of this 
section. At or before the meeting, the public agency shall provide air 
carriers and foreign air carriers with--
    (1) A description of projects;
    (2) An explanation of the need for the projects; and
    (3) A detailed financial plan for the projects, including--
    (i) The estimated allowable project costs allocated to major project 
elements;
    (ii) The anticipated total amount of PFC revenue that will be used 
to finance the projects; and
    (iii) The source and amount of other funds, if any, needed to 
finance the projects.
    (c) Requirements of air carriers and foreign air carriers. (1) 
Within 30 days following issuance of the notice required by paragraph 
(a) of this section, each carrier must provide the public agency with a 
written acknowledgement that it received the notice.
    (2) Within 30 days following the meeting, each carrier must provide 
the public agency with a written certification of its agreement or 
disagreement with the proposed project. A certification of disagreement 
shall contain the reasons for such disagreement. The absence of such 
reasons shall void a certification of disagreement.
    (3) If a carrier fails to provide the public agency with timely 
acknowledgement of the notice or timely certification of agreement or 
disagreement with the proposed project, the carrier is considered to 
have certified its agreement.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34541, May 30, 2000]