764
14 CFR Ch. I (1–1–24 Edition)
§ 157.5
takeoff area of an airport for a period
of one year or more.
(d) Construct, realign, alter, activate,
deactivate, abandon, or discontinue
using a taxiway associated with a land-
ing or takeoff area on a public-use air-
port.
(e) Change the status of an airport
from private use to public use or from
public use to another status.
(f) Change any traffic pattern or traf-
fic pattern altitude or direction.
(g) Change status from IFR to VFR
or VFR to IFR.
§ 157.5 Notice of intent.
(a) Notice shall be submitted on FAA
Form 7480–1, copies of which may be
obtained from an FAA Airport District/
Field Office or Regional Office, to one
of those offices and shall be submitted
at least—
(1) In the cases prescribed in para-
graphs (a) through (d) of § 157.3, 90 days
in advance of the day that work is to
begin; or
(2) In the cases prescribed in para-
graphs (e) through (g) of § 157.3, 90 days
in advance of the planned implementa-
tion date.
(b) Notwithstanding paragraph (a) of
this section—
(1) In an emergency involving essen-
tial public service, public health, or
public safety or when the delay arising
from the 90-day advance notice require-
ment would result in an unreasonable
hardship, a proponent may provide no-
tice to the appropriate FAA Airport
District/Field Office or Regional Office
by telephone or other expeditious
means as soon as practicable in lieu of
submitting FAA Form 7480–1. However,
the proponent shall provide full notice,
through the submission of FAA Form
7480–1, when otherwise requested or re-
quired by the FAA.
(2) notice concerning the deactiva-
tion, discontinued use, or abandonment
of an airport, an airport landing or
takeoff area, or associated taxiway
may be submitted by letter. Prior no-
tice is not required; except that a 30-
day prior notice is required when an es-
tablished instrument approach proce-
dure is involved or when the affected
property is subject to any agreement
with the United States requiring that
it be maintained and operated as a pub-
lic-use airport.
§ 157.7 FAA determinations.
(a) The FAA will conduct an aero-
nautical study of an airport proposal
and, after consultations with inter-
ested persons, as appropriate, issue a
determination to the proponent and ad-
vise those concerned of the FAA deter-
mination. The FAA will consider mat-
ters such as the effects the proposed
action would have on existing or con-
templated traffic patterns of neigh-
boring airports; the effects the pro-
posed action would have on the exist-
ing airspace structure and projected
programs of the FAA; and the effects
that existing or proposed manmade ob-
jects (on file with the FAA) and nat-
ural objects within the affected area
would have on the airport proposal.
While determinations consider the ef-
fects of the proposed action on the safe
and efficient use of airspace by aircraft
and the safety of persons and property
on the ground, the determinations are
only advisory. Except for an objection-
able determination, each determina-
tion will contain a determination-void
date to facilitate efficient planning of
the use of the navigable airspace. A de-
termination does not relieve the pro-
ponent of responsibility for compliance
with any local law, ordinance or regu-
lation, or state or other Federal regu-
lation. Aeronautical studies and deter-
minations will not consider environ-
mental or land use compatibility im-
pacts.
(b) An airport determination issued
under this part will be one of the fol-
lowing:
(1)
No objection.
(2)
Conditional.
A conditional deter-
mination will identify the objection-
able aspects of a project or action and
specify the conditions which must be
met and sustained to preclude an objec-
tionable determination.
(3)
Objectionable.
An objectionable de-
termination will specify the FAA’s rea-
sons for issuing such a determination.
(c)
Determination void date.
All work
or action for which notice is required
by this sub-part must be completed by
the determination void date. Unless
otherwise extended, revised, or termi-
nated, an FAA determination becomes
765
Federal Aviation Administration, DOT
§ 158.1
invalid on the day specified as the de-
termination void date. Interested per-
sons may, at least 15 days in advance of
the determination void date, petition
the FAA official who issued the deter-
mination to:
(1) Revise the determination based on
new facts that change the basis on
which it was made; or
(2) Extend the determination void
date. Determinations will be furnished
to the proponent, aviation officials of
the state concerned, and, when appro-
priate, local political bodies and other
interested persons.
§ 157.9 Notice of completion.
Within 15 days after completion of
any airport project covered by this
part, the proponent of such project
shall notify the FAA Airport District
Office or Regional Office by submission
of FAA Form 5010–5 or by letter. A
copy of FAA Form 5010–5 will be pro-
vided with the FAA determination.
PART 158—PASSENGER FACILITY
CHARGES (PFC’S)
Subpart A—General
Sec.
158.1
Applicability.
158.3
Definitions.
158.5
Authority to impose PFC’s.
158.7
Exclusivity of authority.
158.9
Limitations.
158.11
Public agency request not to require
collection of PFC’s by a class of air car-
riers or foreign air carriers or for service
to isolated communities.
158.13
Use of PFC revenue.
158.15
Project eligibility at PFC levels of $1,
$2, or $3.
158.17
Project eligibility at PFC levels of $4
or $4.50.
158.18
Use of PFC revenue to pay for debt
service for non-eligible projects.
158.19
Requirement for competition plans.
158.20
Submission of required documents.
Subpart B—Application and Approval
158.21
General.
158.23
Consultation with air carriers and
foreign air carriers.
158.24
Notice and opportunity for public
comment.
158.25
Applications.
158.27
Review of applications.
158.29
The Administrator’s decision.
158.30
PFC Authorization at Non-Hub Air-
ports.
158.31
Duration of authority to impose a
PFC after project implementation.
158.33
Duration of authority to impose a
PFC before project implementation.
158.35
Extension of time to submit applica-
tion to use PFC revenue.
158.37
Amendment of approved PFC.
158.39
Use of excess PFC revenue.
Subpart C—Collection, Handling, and
Remittance of PFC’s
158.41
General.
158.43
Public agency notification to collect
PFC’s.
158.45
Collection of PFC’s on tickets issued
in the U.S.
158.47
Collection of PFC’s on tickets issued
outside the U.S.
158.49
Handling of PFC’s.
158.51
Remittance of PFC’s.
158.53
Collection compensation.
Subpart D—Reporting, Recordkeeping and
Audits
158.61
General.
158.63
Reporting requirements: Public agen-
cy.
158.65
Reporting requirements: Collecting
air carriers.
158.67
Recordkeeping and auditing: Public
agency.
158.69
Recordkeeping and auditing: Col-
lecting carriers.
158.71
Federal oversight.
Subpart E—Termination
158.81
General.
158.83
Informal resolution.
158.85
Termination of authority to impose
PFC’s.
158.87
Loss of Federal airport grant funds.
Subpart F—Reduction in Airport
Improvement Program Apportionments
158.91
General.
158.93
Public agencies subject to reduction.
158.95
Implementation of reduction.
A
PPENDIX
A
TO
P
ART
158—A
SSURANCES
A
UTHORITY
: 49 U.S.C. 106(g), 40116–40117,
47106, 47111, 47114–47116, 47524, 47526.
S
OURCE
: Docket No. 26385, 56 FR 24278, May
29, 1991, unless otherwise noted.
Subpart A—General
§ 158.1 Applicability.
This part applies to passenger facil-
ity charges (PFC’s) as may be approved
by the Administrator of the Federal
Aviation Administration (FAA) and