[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: 14CFR158.35]



[Page 180-181]

 

                     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 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--



[[Page 181]]



    (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.