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
766
14 CFR Ch. I (1–1–24 Edition)
§ 158.3
imposed by a public agency that con-
trols a commercial service airport.
This part also describes the procedures
for reducing funds to a large or me-
dium hub airport that imposes a PFC.
[Doc. No. FAA–2000–7402, 65 FR 34540, May 30,
2000]
§ 158.3 Definitions.
The following definitions apply in
this part:
Airport
means any area of land or
water, including any heliport, that is
used or intended to be used for the
landing and takeoff of aircraft, and any
appurtenant areas that are used or in-
tended to be used for airport buildings
or other airport facilities or rights-of-
way, together with all airport build-
ings and facilities located thereon.
Airport capital plan
means a capital
improvement program that lists air-
port-related planning, development or
noise compatibility projects expected
to be accomplished with anticipated
available funds.
Airport layout plan (ALP)
means a
plan showing the existing and proposed
airport facilities and boundaries in a
form prescribed by the Administrator.
Airport revenue
means revenue gen-
erated by a public airport (1) through
any lease, rent, fee, PFC or other
charge collected, directly or indirectly,
in connection with any aeronautical
activity conducted on an airport that
it controls; or (2) In connection with
any activity conducted on airport land
acquired with Federal financial assist-
ance, or with PFC revenue under this
part, or conveyed to such public agency
under the provisions of any Federal
surplus property program or any provi-
sion enacted to authorize the convey-
ance of Federal property to a public
agency for airport purposes.
Air travel ticket
includes all docu-
ments, electronic records, boarding
passes, and any other ticketing me-
dium about a passenger’s itinerary nec-
essary to transport a passenger by air,
including passenger manifests.
Allowable cost
means the reasonable
and necessary costs of carrying out an
approved project including costs in-
curred prior to and subsequent to the
approval to impose a PFC, and making
payments for debt service on bonds and
other indebtedness incurred to carry
out such projects. Allowable costs in-
clude only those costs incurred on or
after November 5, 1990. Costs of ter-
minal development incurred after Au-
gust 1, 1986, at an airport that did not
have more than .25 percent of the total
annual passenger boardings in the U.S.
in the most recent calendar year for
which data is available and at which
total passenger boardings declined by
at least 16 percent between calendar
year 1989 and calendar year 1997 are al-
lowable.
Approved project
means a project for
which the FAA has approved using PFC
revenue under this part. The FAA may
also approve specific projects con-
tained in a single or multi-phased
project or development described in an
airport capital plan separately. This
includes projects acknowledged by the
FAA under § 158.30 of this part.
Bond financing costs
means the costs
of financing a bond and includes such
costs as those associated with issuance,
underwriting discount, original issue
discount, capitalized interest, debt
service reserve funds, initial credit en-
hancement costs, and initial trustee
and paying agent fees.
Charge effective date
means the date
on which carriers are obliged to collect
a PFC.
Charge expiration date
means the date
on which carriers are to cease to col-
lect a PFC.
Collecting carrier
means an issuing
carrier or other carrier collecting a
PFC, whether or not such carrier issues
the air travel ticket.
Collection
means the acceptance of
payment of a PFC from a passenger.
Commercial service airport
means a
public airport that annually enplanes
2,500 or more passengers and receives
scheduled passenger service of aircraft.
Covered air carrier
means an air car-
rier that files for bankruptcy protec-
tion or has an involuntary bankruptcy
proceeding started against it after De-
cember 12, 2003. An air carrier that is
currently in compliance with PFC re-
mittance requirements and has an in-
voluntary bankruptcy proceeding com-
menced against it has 90 days from the