[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: 14CFR158.35]

[Page 190-191]
 
                     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. 158.35  Extension of time to submit application to use PFC revenue.

    (a) A public agency may request an extension of time to submit an 
application to use PFC revenue after approval of an application to 
impose PFC's. At least 30 days prior to submitting such

[[Page 191]]

request, the public agency shall publish notice of its intention to 
request an extension in a local newspaper of general circulation and 
shall request comments. The notice shall include progress on the 
project, a revised schedule for obtaining project approval and reasons 
for the delay in submitting the application.
    (b) The request shall be submitted at least 120 days prior to the 
charge expiration date and, unless otherwise authorized by the 
Administrator, shall be accompanied by the following:
    (1) A description of progress on the project application to date.
    (2) A revised schedule for submitting the application.
    (3) An explanation of the reasons for delay in submitting the 
application.
    (4) A summary financial report depicting the total amount of PFC 
revenue collected plus interest, the projected amount to be collected 
during the period of the requested extension, and any public agency 
funds used on the project for which reimbursement may be sought.
    (5) A summary of any further consultation with air carriers and 
foreign air carriers operating at the airport.
    (6) A summary of comments received in response to the local notice.
    (c) The Administrator reviews the request for extension and 
accompanying information, to determine whether--
    (1) The public agency has shown good cause for the delay in applying 
for project approval;
    (2) The revised schedule is satisfactory; and
    (3) Further collection will not result in excessive accumulation of 
PFC revenue.
    (d) The Administrator, upon determining that the agency has shown 
good cause for the delay and that other elements of the request are 
satisfactory, grants the request for extension to the public agency. The 
Administrator advises the public agency in writing not more than 90 days 
after receipt of the request. The duration of the extension shall be as 
specified in Sec. 158.33 of this part.