[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: 14CFR158.27]

[Page 188-189]
 
                     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. 158.27  Review of applications.

    (a) General. This section describes the process for review of all 
applications filed under Sec. 158.25 of this part.
    (b) Determination of completeness. Within 30 days after receipt of 
an application by the FAA Airports office, the Administrator determines 
whether the application substantially complies with the requirements of 
Sec. 158.25.
    (c) Process for substantially complete application. If the 
Administrator determines the application is substantially complete, the 
following procedures apply:
    (1) The Administrator advises the public agency by letter that its 
application is substantially complete.
    (2) The Administrator publishes 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. 
A copy of the notice is also provided to the public agency.
    (3) The public agency--
    (i) Shall make available for inspection, upon request, a copy of the 
application, notice, and other documents germane to the application, and
    (ii) May publish the notice in a newspaper of general circulation in 
the area where the airport covered by the application is located.
    (4) Following review of the application and public comments, the 
Administrator issues a final decision approving or disapproving the 
application, in whole or in part, no later than 120 days after the 
application was received by the FAA Airports office.
    (d) Process for applications not substantially complete. If the 
Administrator determines an application is not substantially complete, 
the following procedures apply:
    (1) The Administrator notifies the public agency in writing that its 
application is not substantially complete. The notification will list 
the information required to complete the application.
    (2) Within 15 days after the Administrator sends such notification, 
the public agency shall advise the Administrator in writing whether it 
intends to supplement its application.
    (3) If the public agency declines to supplement the application, the 
Administrator follows the procedures for review of an application set 
forth in paragraph (c) of this section and issues a final decision 
approving or disapproving the application, in whole or in part, no later 
than 120 days after the application was received by the FAA Airports 
office.
    (4) If the public agency supplements its application, the original 
application is deemed to be withdrawn for purposes of applying the 
statutory deadline for the Administrator's decision. Upon receipt of the 
supplement, the Administrator issues a final decision approving

[[Page 189]]

or disapproving the supplemented application, in whole or in part, no 
later than 120 days after the supplement was received by the FAA 
Airports office.
    (e) The Federal Register notice. The Federal Register notice 
includes the following information:
    (1) The name of the public agency and the airport at which the PFC 
is to be imposed;
    (2) A brief description of the PFC project, the level of the 
proposed PFC, the proposed charge effective date, the proposed charge 
expiration date and the total estimated PFC revenue;
    (3) The address and telephone number of the FAA Airports office at 
which the application may be inspected;
    (4) The Administrator's determination on whether the application is 
substantially complete and any information required to complete the 
application; and
    (5) The due dates for any public comments.
    (f) Public comments. (1) Interested persons may file comments on the 
application within 30 days after publication of the Administrator's 
notice in the Federal Register.
    (2) Three copies of these comments shall be submitted to the FAA 
Airports office identified in the Federal Register notice.
    (3) Commenters shall also provide one copy of their comments to the 
public agency.
    (4) Comments from air carriers and foreign air carriers may be in 
the same form as provided to the public agency under Sec. 158.23.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991]