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14 CFR Ch. I (1–1–24 Edition)
§ 158.23
also establishes the procedure for the
Administrator’s review and approval of
applications and amendments and es-
tablishes requirements for use of excess
PFC revenue.
§ 158.23 Consultation with air carriers
and foreign air carriers.
(a)
Notice by public agency.
A public
agency must provide written notice to
air carriers and foreign air carriers
having a significant business interest
at the airport where the PFC is pro-
posed. A public agency must provide
this notice before the public agency
files an application with the FAA for
authority to impose a PFC under
§ 158.25(b). In addition, public agencies
must provide this notice before filing
an application with the FAA for au-
thority to use PFC revenue under
§ 158.25(c). Public agencies must also
provide this notice before filing a no-
tice of intent to impose and/or use a
PFC under § 158.30. Finally, a public
agency must provide this notice before
filing a request to amend the FAA’s de-
cision with respect to an approved PFC
as discussed in § 158.37(b)(1). The notice
shall include:
(1) Descriptions of projects being con-
sidered for funding by PFC’s;
(2) The PFC level for each project,
the proposed charge effective date, the
estimated charge expiration date, and
the estimated total PFC revenue;
(3) For a request by a public agency
that any class or classes of carriers not
be required to collect the PFC—
(i) The designation of each such
class,
(ii) The names of the carriers belong-
ing to each such class, to the extent
the names are known,
(iii) The estimated number of pas-
sengers enplaned annually by each
such class, and
(iv) The public agency’s reasons for
requesting that carriers in each such
class not be required to collect the
PFC; and
(4) Except as provided in § 158.25(c)(2),
the date and location of a meeting at
which the public agency will present
such projects to air carriers and for-
eign air carriers operating at the air-
port.
(b)
Meeting.
The meeting required by
paragraph (a)(4) of this section shall be
held no sooner than 30 days nor later
than 45 days after issuance of the writ-
ten notice required by paragraph (a) of
this section. At or before the meeting,
the public agency shall provide air car-
riers and foreign air carriers with—
(1) A description of projects;
(2) An explanation of the need for the
projects; and
(3) A detailed financial plan for the
projects, including—
(i) The estimated allowable project
costs allocated to major project ele-
ments;
(ii) The anticipated total amount of
PFC revenue that will be used to fi-
nance the projects; and
(iii) The source and amount of other
funds, if any, needed to finance the
projects.
(c)
Requirements of air carriers and for-
eign air carriers.
(1) Within 30 days fol-
lowing issuance of the notice required
by paragraph (a) of this section, each
carrier must provide the public agency
with a written acknowledgement that
it received the notice.
(2) Within 30 days following the meet-
ing, each carrier must provide the pub-
lic agency with a written certification
of its agreement or disagreement with
the proposed project. A certification of
disagreement shall contain the reasons
for such disagreement. The absence of
such reasons shall void a certification
of disagreement.
(3) If a carrier fails to provide the
public agency with timely acknowl-
edgement of the notice or timely cer-
tification of agreement or disagree-
ment with the proposed project, the
carrier is considered to have certified
its agreement.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–2, 65 FR 34541, May 30,
2000; Amdt. 158–3, 70 FR 14934, Mar. 23, 2005]
§ 158.24 Notice and opportunity for
public comment.
(a)(1)
Notice by public agency.
A public
agency must provide written notice
and an opportunity for public comment
before:
(i) Filing an application with the
FAA for authority to impose a PFC
under § 158.25(b);
(ii) Filing an application with the
FAA for authority to use PFC revenue
under § 158.25(c);