[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: 14CFR158.30]



[Page 178-179]

 

                     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. 158.30  Pilot program for PFC authorization at non-hub airports.



    (a) General. This section specifies the procedures a public agency 

controlling a non-hub airport must follow when notifying the FAA of its 

intent to impose a PFC and to use PFC revenue on a project under this 

section. In addition, this section describes the FAA's rules for 

reviewing and acknowledging a notice of intent filed under this section. 

A public agency may notify the FAA of its intent to impose a PFC before 

or concurrent with a notice of intent to use PFC revenue. A public 

agency must file a notice of intent in the manner and form prescribed by 

the Administrator and must include the information required under 

paragraphs (b), (c), or both, of this section.

    (b) Notice of intent to impose a PFC. This paragraph sets forth the 

information a public agency must file to notify the FAA of its intent to 

impose a PFC under this section. The public agency must file a separate 

notice of intent for each airport at which the public agency plans on 

imposing a PFC. An authorized official of the public agency must sign 

the notice of intent and, unless authorized by the Administrator, must 

include:

    (1) A completed FAA Form 5500-1, PFC Application (latest edition) 

without attachments except as required below;

    (2) Project information (in the form and manner prescribed by the 

FAA) including the project title, PFC funds sought, PFC level sought, 

and, if an existing Airport Improvement Program (AIP) grant already 

covers this project, the grant agreement number.

    (3) If an existing AIP grant does not cover this project, the notice 

of intent must include the information in paragraph (b)(2) of this 

section as well as the following:

    (i) Additional information describing the proposed schedule for the 

project,

    (ii) A description of how this project meets one of the PFC 

objectives in Sec. 158.15(a), and

    (iii) A description of how this project meets the adequate 

justification requirement in Sec. 158.15(c).

    (4) A copy of any comments received by the public agency during the 

air carrier consultation and public comment processes (Sec. Sec. 158.23 

and 158.24) and the public agency's response to any disagreements.

    (5) If applicable, a request to exclude a class of carriers from the 

requirement to collect the PFC (Sec. 158.11).

    (6) A signed statement certifying that the public agency will comply 

with the assurances set forth in Appendix A to this part.

    (7) Any additional information the Administrator may require.

    (c) Notice of intent to use PFC revenue. A public agency may use PFC 

revenue only for projects included in notices filed under this paragraph 

or approved under Sec. 158.29. This paragraph sets forth the 

information that a public agency must file, unless otherwise authorized 

by the Administrator, in its notice of intent to use PFC revenue to 

finance specific projects under this section.

    (1) A notice of intent to use PFC revenue filed concurrently with a 

notice of intent to impose a PFC must include:

    (i) The information required under paragraphs (b)(1) through (7) of 

this section;

    (ii) A completed FAA Form 5500-1, Attachment G, Airport Layout Plan, 

Airspace, and Environmental Findings



[[Page 179]]



(latest edition) for all projects not included in an existing Federal 

airport program grant.

    (2) A notice of intent to use PFC revenue where the FAA has 

previously acknowledged a notice of intent to impose a PFC must:

    (i) Be preceded by further consultation with air carriers and the 

opportunity for public comment under Sec. Sec. 158.23 and 158.24 of 

this part. However, a meeting with the air carriers is optional if all 

information is the same as that provided with the impose authority 

notice;

    (ii) Include a copy of any comments received by the public agency 

during the air carrier consultation and public comment processes 

(Sec. Sec. 158.23 and 158.24) and the public agency's response to any 

disagreements or negative comments; and

    (iii) Include any updated and changed information:

    (A) Required by paragraphs (b)(1), (2), (5), (6), and (7) of this 

section; and

    (B) Required by paragraph (c)(1)(ii) of this section.

    (d) FAA review of notices of intent. (1) The FAA will review the 

notice of intent to determine that:

    (A) The amount and duration of the PFC will not result in revenue 

that exceeds the amount necessary to finance the project(s);

    (B) Each proposed project meets the requirements of Sec. 158.15;

    (C) Each project proposed at a PFC level above $3.00 meets the 

requirements of Sec. 158.17(a)(2) and (3);

    (D) All applicable airport layout plan, airspace, and environmental 

requirements have been met for each project;

    (E) Any request by the public agency to exclude a class of carriers 

from the requirement to collect the PFC is reasonable, not arbitrary, 

nondiscriminatory, and otherwise complies with the law; and

    (F) The consultation and public comment processes complied with 

Sec. Sec. 158.23 and 158.24.

    (2) The FAA will also make a determination regarding the public 

agency's compliance with 49 U.S.C. 47524 and 47526 governing airport 

noise and access restrictions and 49 U.S.C. 47107(b) governing the use 

of airport revenue. Finally, the FAA will review all comments filed 

during the air carrier consultation and public comment processes.

    (e) FAA acknowledgment of notices of intent. Within 30 days of 

receipt of the public agency's notice of intent about its PFC program, 

the FAA will issue a written acknowledgment of the public agency's 

notice. The FAA's acknowledgment may concur with all proposed projects, 

may object to some or all proposed projects, or may object to the notice 

of intent in its entirety. The FAA's acknowledgment will include the 

reason(s) for any objection(s).

    (f) Public agency actions following issuance of FAA acknowledgment 

letter. If the FAA does not object to either a project or the notice of 

intent in its entirety, the public agency may implement its PFC program. 

The public agency's implementation must follow the information specified 

in its notice of intent. If the FAA objects to a project, the public 

agency may not collect or use PFC revenue on that project. If the FAA 

objects to the notice of intent in its entirety, the public agency may 

not implement the PFC program proposed in that notice. When implementing 

a PFC under this section, except for Sec. 158.25, a public agency must 

comply with all sections of part 158.

    (g) Acknowledgment not an order. An FAA acknowledgment issued under 

this section is not considered an order issued by the Secretary for 

purposes of 49 U.S.C. 46110 (Judicial Review).

    (h) Sunset provision. This section will expire May 9, 2008.



[Doc. No. FAA-2004-17999, 70 FR 14936, Mar. 23, 2005]