[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR158.29]



[Page 177-178]

 

                     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



[[Page 178]]



on the application. The notification will list the approved projects, 

PFC level, total approved PFC revenue, 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 

must comply with Sec. Sec. 158.23, 158.24, and 158.25.

    (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, 

as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-3, 70 FR 

14936, Mar. 23, 2005]