[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: 14CFR158.33]



[Page 180]

 

                     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]