[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: 14CFR158.29]

[Page 189-190]
 
                     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. 158.29  The Administrator's decision.

    (a) Authority to impose a PFC. (1) An application to impose a PFC 
will be approved in whole or in part only after a determination that--
    (i) The amount and duration of the PFC will not result in revenue 
that exceeds amounts necessary to finance the project;
    (ii) The project will achieve the objectives and criteria set forth 
in Sec. 158.15;
    (iii) If a PFC level above $3 is being approved, the project meets 
the criteria set forth in Sec. 158.17;
    (iv) The collection process, including any request by the public 
agency not to require a class of carriers to collect PFC's, is 
reasonable, not arbitrary, nondiscriminatory, and otherwise in 
compliance with the law;
    (v) The public agency has not been found to be in violation of 49 
U.S.C. 47524 and 47526;
    (vi) The public agency has not been found to be in violation of 49 
U.S.C. 47107(b) governing the use of airport revenue;
    (vii) If the public agency has not applied for authority to use PFC 
revenue, a finding that there are alternative uses of the PFC revenue to 
ensure that such revenue will be used on approved projects; and
    (viii) If applicable, the public agency has submitted a competition 
plan in accordance with Sec. 158.19.
    (2) The Administrator notifies the public agency in writing of the 
decision on the application. The notification will list the projects and 
alternative uses that may qualify for PFC financing under Sec. 158.15, 
and (if a PFC level above $3 is being approved) Sec. 158.17, PFC level, 
total approved PFC revenue including the amounts approved at $3 and 
less, $4, and/or $4.50, duration of authority to impose and earliest 
permissible charge effective date.
    (b) Authority to use PFC revenue on an approved project. (1) An 
application for authority to use PFC revenue will be approved in whole 
or in part only after a determination that--
    (i) The amount and duration of the PFC will not result in revenue 
that exceeds amounts necessary to finance the project;
    (ii) The project will achieve the objectives and criteria set forth 
in Sec. 158.15;
    (iii) If a PFC level above $3 is being approved, the project meets 
the criteria set forth in Sec. 158.17; and
    (iv) All applicable requirements pertaining to the ALP for the 
airport, airspace studies for the project, and the National 
Environmental Policy Act of 1969 (NEPA), have been satisfied.
    (2) The Administrator notifies the public agency in writing of the 
decision on the application. The notification will list the approved 
projects, PFC level, total approved PFC revenue,

[[Page 190]]

total approved for collection, including the amounts approved at $3 and 
less, $4, and/or $4.50, and any limit on the duration of authority to 
impose a PFC as prescribed under Sec. 158.33.
    (3) Approval to use PFC revenue to finance a project shall be 
construed as approval of that project.
    (c) Disapproval of application. (1) If an application is 
disapproved, the Administrator notifies the public agency in writing of 
the decision and the reasons for the disapproval.
    (2) A public agency reapplying for approval to impose or use a PFC 
shall comply with Sec. Sec. 158.23 and 158.25 of this part.
    (d) The Administrator publishes a monthly notice of PFC approvals 
and disapprovals in the Federal Register.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991; 
Amdt. 158-2, 65 FR 34542, May 30, 2000]