[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: 14CFR158.37]



[Page 181-182]

 

                     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. 158.37  Amendment of the FAA's decision with respect to an approved 

PFC.



    (a)(1) A public agency may amend the FAA's decision with respect to 

an approved PFC to:

    (i) Increase or decrease the level of PFC the public agency wants to 

collect from each passenger,

    (ii) Increase or decrease the total approved PFC revenue,

    (iii) Change the scope of an approved project,

    (iv) Delete an approved project, or

    (v) Establish a new class of carriers under Sec. 158.11 or amend 

any such class previously approved.

    (2) A public agency may not amend the FAA's decision with respect to 

an approved PFC to add projects, change an approved project to a 

different facility type, or alter an approved project to accomplish a 

different purpose.

    (b) The public agency must file a request to the Administrator to 

amend the FAA's decision with respect to an approved PFC. The request 

must include or demonstrate:

    (1)(i) Further consultation with the air carriers and foreign air 

carriers and seek public comment in accordance with Sec. Sec. 158.23 

and 158.24 when applying for those requests to:

    (A) Amend the approved PFC amount for a project by more than 25 

percent of the original approved amount of the project,

    (B) Change the scope of a project, or

    (C) Increase the PFC level to be collected from each passenger.

    (ii) No further consultation with air carriers and foreign air 

carriers or public comment is required by a public agency in accordance 

with Sec. Sec. 158.23 and 158.24 when applying for an amendment in the 

following situations:

    (A) To institute a decrease in the level of PFC to be collected from 

each passenger;

    (B) To institute a decrease in the total PFC revenue;

    (C) To institute an increase of 25 percent or less for any approved 

PFC project;

    (D) To establish a new class of carriers under Sec. 158.11 or amend 

any such class previously approved; or

    (E) To delete an approved project.

    (2) A copy of any comments received from the processes in paragraph 

(b)(1)(A) of this section for the carrier consultation and the 

opportunity for public comment in accordance with Sec. Sec. 158.23 and 

158.24;

    (3) The public agency's reasons for continuing despite any 

objections;

    (4) A description of the proposed amendment;

    (5) Justification, if the amendment involves a change in the PFC 

amount for a project by more than 25 percent of the original approved 

amount, a change of the approved project scope, or any increase in the 

approved PFC level to be collected from each passenger;

    (6) A description of how each project meets the requirements of 

Sec. 158.17(b), for each project proposed for an increase of the PFC 

level above $3.00 at a medium or large hub airport;

    (7) A signed statement certifying that the public agency has met the 

requiements of Sec. 158.19, if applicable, for any amendment proposing 

to increase the PFC level above $3.00 at a medium or large hub airport; 

and

    (8) Any other information the Administrator may require.

    (c) The Administrator will approve, partially approve or disapprove 

the amendment request and notify the public agency of the decision 

within 30 days of receipt of the request. If a PFC level of more than 

$3.00 is approved, the Administrator must find the project meets the 

requirements of



[[Page 182]]



Sec. Sec. 158.17 and 158.19, if applicable, before the public agency 

can implement the new PFC level.

    (d) The public agency must notify the carriers of any change to the 

FAA's decision with respect to an approved PFC resulting from an 

amendment. The effective date of any new PFC level must be no earlier 

than the first day of a month which is at least 30 days from the date 

the public agency notifies the carriers.



[Doc. No. FAA-2004-17999, 70 FR 14937, Mar. 23, 2005]