769
Federal Aviation Administration, DOT
§ 158.13
(3) Who is a nonrevenue passenger or
obtained the ticket for air transpor-
tation with a frequent flier award cou-
pon;
(4) On flights, including flight seg-
ments, between 2 or more points in Ha-
waii;
(5) In Alaska aboard an aircraft hav-
ing a certificated seating capacity of
fewer than 60 passengers; or
(6) Enplaning at an airport if the pas-
senger did not pay for the air transpor-
tation that resulted in the
enplanement due to Department of De-
fense charter arrangements and pay-
ments.
(b) No public agency may require a
foreign airline that does not serve a
point or points in the U.S. to collect a
PFC from a passenger.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–2, 65 FR 34541, May 30,
2000; Amdt. 158–4, 72 FR 28847, May 23, 2007]
§ 158.11 Public agency request not to
require collection of PFC’s by a
class of air carriers or foreign air
carriers or for service to isolated
communities.
(a) Subject to the requirements of
this part, a public agency may request
that collection of PFC’s not be re-
quired for—
(1) Passengers enplaned by any class
of air carrier or foreign air carrier if
the number of passengers enplaned by
the carriers in the class constitutes not
more than one percent of the total
number of passengers enplaned annu-
ally at the airport at which the fee is
imposed; or
(2) Passengers enplaned on a flight to
an airport—
(i) That has fewer than 2,500 pas-
senger boardings each year and re-
ceives scheduled passenger service; or
(ii) In a community that has a popu-
lation of less than 10,000 and is not con-
nected by a land highway or vehicular
way to the land-connected National
Highway System within a State.
(b) The public agency may request
this exclusion authority under para-
graph (a)(1) or (a)(2) of this section or
both.
[Doc. No. FAA–2000–7402, 65 FR 34541, May 30,
2000]
§ 158.13 Use of PFC revenue.
PFC revenue, including any interest
earned after such revenue has been re-
mitted to a public agency, may be used
only to finance the allowable costs of
approved projects at any airport the
public agency controls.
(a)
Total cost.
PFC revenue may be
used to pay all or part of the allowable
cost of an approved project.
(b)
PFC administrative support costs.
Public agencies may use PFC revenue
to pay for allowable administrative
support costs. Public agencies must
submit these costs as a separate
project in each PFC application.
(c)
Maximum cost for certain low-emis-
sion technology projects.
If a project in-
volves a vehicle or ground support
equipment using low emission tech-
nology eligible under § 158.15(b), the
FAA will determine the maximum cost
that may be financed by PFC revenue.
The maximum cost for a new vehicle is
the incremental amount between the
purchase price of a new low emission
vehicle and the purchase price of a
standard emission vehicle, or the cost
of converting a standard emission vehi-
cle to a low emission vehicle.
(d)
Bond-associated debt service and fi-
nancing costs.
(1) Public agencies may
use PFC revenue to pay debt service
and financing costs incurred for a bond
issued to carry out approved projects.
(2) If the public agency’s bond docu-
ments require that PFC revenue be
commingled in the general revenue
stream of the airport and pledged for
the benefit of holders of obligations,
the FAA considers PFC revenue to
have paid the costs covered in
§ 158.13(d)(1) if—
(i) An amount equal to the part of
the proceeds of the bond issued to
carry out approved projects is used to
pay allowable costs of such projects;
and
(ii) To the extent the PFC revenue
collected in any year exceeds the debt
service and financing costs on such
bonds during that year, an amount
equal to the excess is applied as re-
quired by § 158.39.
(e)
Exception providing for the use of
PFC revenue to pay for debt service for
non-eligible projects.
The FAA may au-
thorize a public agency under § 158.18 to
impose a PFC for payments for debt
770
14 CFR Ch. I (1–1–24 Edition)
§ 158.15
service on indebtedness incurred to
carry out an airport project that is not
eligible if the FAA determines that
such use is necessary because of the fi-
nancial need of the airport.
(f)
Combination of PFC revenue and
Federal grant funds.
A public agency
may combine PFC revenue and airport
grant funds to carry out an approved
project. These projects are subject to
the record keeping and auditing re-
quirements of this part, as well as the
reporting, record keeping and auditing
requirements imposed by the Airport
and Airway Improvement Act of 1982
(AAIA).
(g)
Non-Federal share.
Public agencies
may use PFC revenue to meet the non-
Federal share of the cost of projects
funded under the Federal airport grant
program or the FAA ‘‘Program to Per-
mit Cost-Sharing of Air Traffic Mod-
ernization Projects’’ under 49 U.S.C.
44517.
(h)
Approval of project following ap-
proval to impose a PFC.
The public agen-
cy may not use PFC revenue or inter-
est earned thereon except on an ap-
proved project.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–4, 72 FR 28847, May 23,
2007]
§ 158.15 Project eligibility at PFC lev-
els of $1, $2, or $3.
(a) To be eligible, a project must—
(1) Preserve or enhance safety, secu-
rity, or capacity of the national air
transportation system;
(2) Reduce noise or mitigate noise
impacts resulting from an airport; or
(3) Furnish opportunities for en-
hanced competition between or among
air carriers.
(b) Eligible projects are any of the
following projects—
(1) Airport development eligible
under subchapter I of chapter 471 of 49
U.S.C.;
(2) Airport planning eligible under
subchapter I of chapter 471 of 49 U.S.C.;
(3) Terminal development as de-
scribed in 49 U.S.C. 47110(d);
(4) Airport noise compatibility plan-
ning as described in 49 U.S.C. 47505;
(5) Noise compatibility measures eli-
gible for Federal assistance under 49
U.S.C. 47504, without regard to whether
the measures are approved under 49
U.S.C. 47504;
(6) Construction of gates and related
areas at which passengers are enplaned
or deplaned and other areas directly re-
lated to the movement of passengers
and baggage in air commerce within
the boundaries of the airport. These
areas do not include restaurants, car
rental and automobile parking facili-
ties, or other concessions. Projects re-
quired to enable added air service by an
air carrier with less than 50 percent of
the annual passenger boardings at an
airport have added eligibility. Such
projects may include structural foun-
dations and floor systems, exterior
building walls and load-bearing inte-
rior columns or walls, windows, door
and roof systems, building utilities (in-
cluding heating, air conditioning, ven-
tilation, plumbing, and electrical serv-
ice), and aircraft fueling facilities next
to the gate;
(7) A project approved under the
FAA’s ‘‘Program to Permit Cost-Shar-
ing of Air Traffic Modernization
Projects’’ under 49 U.S.C. 44517; or
(8) If the airport is in an air quality
nonattainment area (as defined by sec-
tion 171(2) of the Clean Air Act (42
U.S.C. 7501(2)) or a maintenance area
referred to in section 175A of such Act
(42 U.S.C. 7505a), and the project will
result in the airport receiving appro-
priate emission credits as described in
49 U.S.C. 47139, a project for:
(i) Converting vehicles eligible under
§ 158.15(b)(1) and ground support equip-
ment powered by a diesel or gasoline
engine used at a commercial service
airport to low-emission technology cer-
tified or verified by the Environmental
Protection Agency to reduce emissions
or to use cleaner burning conventional
fuels; or
(ii) Acquiring for use at a commer-
cial service airport vehicles eligible
under § 158.15(b)(1) and, subject to
§ 158.13(c), ground support equipment
that include low-emission technology
or use cleaner burning fuels.
(c) An eligible project must be ade-
quately justified to qualify for PFC
funding.
[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56
FR 37127, Aug. 2, 1991; Amdt. 158–2, 65 FR
34541, May 30, 2000; Amdt. 158–4, 72 FR 28848,
May 23, 2007]