[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: 14CFR158.33]

[Page 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. 158.33  Duration of authority to impose a PFC before project implementation.

    (a) A public agency shall not impose a PFC beyond the lesser of the 
following--
    (1) 2 years after approval to use PFC revenue on an approved project 
if the project has not been implemented, or
    (2) 5 years after the charge effective date if an approved project 
is not implemented.
    (b) If, in the Administrator's judgment, the public agency has not 
made sufficient progress toward implementation of an approved project 
within the times specified in paragraph (a) of this section, the 
Administrator begins termination proceedings under subpart E of this 
part.
    (c) The authority to impose a PFC following approval shall 
automatically expire without further action by the Administrator on the 
following dates:
    (1) 3 years after the charge effective date unless--
    (i) The public agency has filed an application for approval to use 
PFC revenue for an eligible project that is pending before the FAA;
    (ii) An application to use PFC revenue has been approved; or
    (iii) A request for extension (not to exceed 2 years) to submit an 
application for project approval, under Sec. 158.35, has been granted; 
or
    (2) 5 years after the charge effective date unless the public agency 
has obtained project approval.
    (d) If the authority to impose a PFC expires under paragraph (c) of 
this section, the public agency must provide the FAA with a list of the 
air carriers and foreign air carriers operating at the airport and all 
other collecting carriers that have remitted PFC revenue to the public 
agency in the preceding 12 months. The FAA notifies each of the listed 
carriers to terminate PFC collection no later than 30 days after the 
date of notification by the FAA.
    (e) Restriction on reauthorization to impose a PFC. Whenever the 
authority to impose a PFC has expired or been terminated under this 
section, the Administrator will not grant new approval to impose a PFC 
in advance of implementation of an approved project.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991]