[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: 14CFR158.85]



[Page 186]

 

                     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 E_Termination

 

Sec. 158.85  Termination of authority to impose PFC's.



    (a) The FAA begins proceedings to terminate the public agency's 

authority to impose a PFC only if the Administrator determines that 

informal resolution is not successful.

    (b) The Administrator publishes a notice of proposed termination in 

the Federal Register and supplies a copy to the public agency. This 

notice will state the scope of the proposed termination, the basis for 

the proposed action and the date for filing written comments or 

objections by all interested parties. This notice will also identify any 

corrective actions the public agency can take to avoid further 

proceedings. The due date for comments and corrective action shall be no 

less than 60 days after publication of the notice.

    (c) If corrective action has not been taken as prescribed by the 

Administrator, the FAA holds a public hearing, and notice is given to 

the public agency and published in the Federal Register at least 30 days 

prior to the hearing. The hearing will be in a form determined by the 

Administrator to be appropriate to the circumstances and to the matters 

in dispute.

    (d) The Administrator publishes the final decision in the Federal 

Register. Where appropriate, the Administrator may prescribe corrective 

action, including any corrective action the public agency may yet take. 

A copy of the notice is also provided to the public agency.

    (e) Within 10 days of the date of publication of the notice of the 

Administrator's decision, the public agency shall--

    (1) Advise the FAA in writing that it will complete any corrective 

action prescribed in the decision within 30 days; or

    (2) Provide the FAA with a listing of the air carriers and foreign 

air carriers operating at the airport and all other issuing carriers 

that have remitted PFC revenue to the public agency in the preceding 12 

months.

    (f) When the Administrator's decision does not provide for 

corrective action or the public agency fails to complete such action, 

the FAA provides a copy of the Federal Register notice to each air 

carrier and foreign air carrier identified in paragraph (e) of this 

section. Such carriers are responsible for terminating or modifying PFC 

collection no later than 30 days after the date of notification by the 

FAA.



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