[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: 14CFR158.85]

[Page 196-197]
 
                     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 E--Termination
 
Sec. 158.85  Termination of authority to impose PFC's.

    (a) The FAA begins proceedings to terminate the public agency's 
authority to impose a PFC only if the Administrator determines that 
informal resolution is not successful.
    (b) The Administrator publishes a notice of proposed termination in 
the Federal Register and supplies a copy to the public agency. This 
notice will state the scope of the proposed termination, the basis for 
the proposed action and the date for filing written comments or 
objections by all interested parties. This notice will also identify any 
corrective actions the public agency can take to avoid further 
proceedings. The due date for comments and corrective action shall be no 
less than 60 days after publication of the notice.
    (c) If corrective action has not been taken as prescribed by the 
Administrator, the FAA holds a public hearing, and notice is given to 
the public agency and published in the Federal Register at least 30 days 
prior to the hearing. The hearing will be in a form determined by the 
Administrator to be appropriate to the circumstances and to the matters 
in dispute.
    (d) The Administrator publishes the final decision in the Federal 
Register. Where appropriate, the Administrator may prescribe corrective 
action, including any corrective action the public agency may yet take. 
A copy of

[[Page 197]]

the notice is also provided to the public agency.
    (e) Within 10 days of the date of publication of the notice of the 
Administrator's decision, the public agency shall--
    (1) Advise the FAA in writing that it will complete any corrective 
action prescribed in the decision within 30 days; or
    (2) Provide the FAA with a listing of the air carriers and foreign 
air carriers operating at the airport and all other issuing carriers 
that have remitted PFC revenue to the public agency in the preceding 12 
months.
    (f) When the Administrator's decision does not provide for 
corrective action or the public agency fails to complete such action, 
the FAA provides a copy of the Federal Register notice to each air 
carrier and foreign air carrier identified in paragraph (e) of this 
section. Such carriers are responsible for terminating or modifying PFC 
collection no later than 30 days after the date of notification by the 
FAA.