772
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);
773
Federal Aviation Administration, DOT
§ 158.25
(iii) Filing a notice of intent to im-
pose and/or use a PFC under § 158.30;
and
(iv) Filing a request to amend a pre-
viously approved PFC as discussed in
§ 158.37(b)(1).
(2) The notice must allow the public
to file comments for at least 30 days,
but no more than 45 days, after the
date of publication of the notice or
posting on the public agency’s Web
site, as applicable.
(b)(1)
Notice contents.
The notice re-
quired by § 158.24(a) must include:
(i) A description of the project(s) the
public agency is considering for fund-
ing by PFC’s;
(ii) A brief justification for each
project the public agency is consid-
ering for funding by PFC’s;
(iii) The PFC level for each project;
(iv) The estimated total PFC revenue
the public agency will use for each
project;
(v) The proposed charge effective
date for the application or notice of in-
tent;
(vi) The estimated charge expiration
date for the application or notice of in-
tent;
(vii) The estimated total PFC rev-
enue the public agency will collect for
the application or notice of intent; and
(viii) The name of and contact infor-
mation for the person within the public
agency to whom comments should be
sent.
(2) The public agency must make
available a more detailed project jus-
tification or the justification docu-
ments to the public upon request.
(c)
Distribution of notice.
The public
agency must make the notice available
to the public and interested agencies
through one or more of the following
methods:
(1) Publication in local newspapers of
general circulation;
(2) Publication in other local media;
(3) Posting the notice on the public
agency’s Internet Web site; or
(4) Any other method acceptable to
the Administrator.
[Doc. No. FAA–2004–17999, 70 FR 14934, Mar.
23, 2005]
§ 158.25 Applications.
(a)
General.
This section specifies the
information the public agency must
file when applying for authority to im-
pose a PFC and for authority to use
PFC revenue on a project. A public
agency may apply for such authority
at any commercial service airport it
controls. The public agency must use
the proposed PFC to finance airport-re-
lated projects at that airport or at any
existing or proposed airport that the
public agency controls. A public agen-
cy may apply for authority to impose a
PFC before or concurrent with an ap-
plication to use PFC revenue. If a pub-
lic agency chooses to apply, it must do
so by using FAA Form 5500–1, PFC Ap-
plication (latest edition) and all appli-
cable Attachments. The public agency
must provide the information required
under paragraphs (b) or (c), or both, of
this section.
(b)
Application for authority to impose
a PFC.
This paragraph sets forth the
information to be submitted by all pub-
lic agencies seeking authority to im-
pose a PFC. A separate application
shall be submitted for each airport at
which a PFC is to be imposed. The ap-
plication shall be signed by an author-
ized official of the public agency, and,
unless otherwise authorized by the Ad-
ministrator, must include the fol-
lowing:
(1) The name and address of the pub-
lic agency.
(2) The name and telephone number
of the official submitting the applica-
tion on behalf of the public agency.
(3) The official name of the airport at
which the PFC is to be imposed.
(4) The official name of the airport at
which a project is proposed.
(5) A copy of the airport capital plan
or other documentation of planned im-
provements for each airport at which a
PFC financed project is proposed.
(6) A description of each project pro-
posed.
(7) The project justification, includ-
ing the extent to which the project
achieves one or more of the objectives
set forth in § 158.15(a) and (if a PFC
level above $3 is requested) the require-
ments of § 158.17. In addition—
(i) For any project for terminal de-
velopment, including gates and related
areas, the public agency shall discuss