title-14-part-158-sec158-25

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

774

14 CFR Ch. I (1–1–24 Edition)

§ 158.25

any existing conditions that limit com-
petition between and among air car-
riers and foreign air carriers at the air-
port, any initiatives it proposes to fos-
ter opportunities for enhanced com-
petition between and among such car-
riers, and the expected results of such
initiatives; or

(ii) For any terminal development

project at a covered airport, the public
agency shall submit a competition plan
in accordance with § 158.19.

(8) The charge to be imposed for each

project.

(9) The proposed charge effective

date.

(10) The estimated charge expiration

date.

(11) Information on the consultation

with air carriers and foreign air car-
riers having a significant business in-
terest at the airport and the public
comment process, including:

(i) A list of such carriers and those

notified;

(ii) A list of carriers that acknowl-

edged receipt of the notice provided
under § 158.23(a);

(iii) Lists of carriers that certified

agreement and that certified disagree-
ment with the project;

(iv) Information on which method

under § 158.24(b) the public agency used
to meet the public notice requirement;
and

(v) A summary of substantive com-

ments by carriers contained in any cer-
tifications of disagreement with each
project and disagreements with each
project provided by the public, and the
public agency’s reasons for continuing
despite such disagreements.

(12) If the public agency is also filing

a request under § 158.11—

(i) The request;
(ii) A copy of the information pro-

vided to the carriers under § 158.23(a)(3);

(iii) A copy of the carriers’ comments

with respect to such information;

(iv) A list of any class or classes of

carriers that would not be required to
collect a PFC if the request is ap-
proved; and

(v) The public agency’s reasons for

submitting the request in the face of
opposing comments.

(13) A copy of information regarding

the financing of the project presented
to the carriers and foreign air carriers

under § 158.23 of this part and as revised
during the consultation.

(14) A copy of all comments received

as a result of the carrier consultation
and public comment processes.

(15) For an application not accom-

panied by a concurrent application for
authority to use PFC revenue:

(i) A description of any alternative

methods being considered by the public
agency to accomplish the objectives of
the project;

(ii) A description of alternative uses

of the PFC revenue to ensure such rev-
enue will be used only on eligible
projects in the event the proposed
project is not ultimately approved for
use of PFC revenue;

(iii) A timetable with projected dates

for completion of project formulation
activities and submission of an applica-
tion to use PFC revenue; and

(iv) A projected date of project imple-

mentation and completion.

(16) A signed statement certifying

that the public agency will comply
with the assurances set forth in Appen-
dix A to this part.

(17) Such additional information as

the Administrator may require.

(c)

Application for authority to use PFC

revenue.

A public agency may use PFC

revenue only for projects approved
under this paragraph. This paragraph
sets forth the information that a public
agency shall submit, unless otherwise
authorized by the Administrator, when
applying for the authority to use PFC
revenue to finance specific projects.

(1) An application submitted concur-

rently with an application for the au-
thority to impose a PFC, must include:

(i) The information required under

paragraphs (b)(1) through (15) of this
section;

(ii) An FAA Form 5500–1, Attachment

G, Airport Layout Plan, Airspace, and
Environmental Findings (latest edi-
tion) providing the following informa-
tion:

(A) For projects required to be shown

on an ALP, the ALP depicting the
project has been approved by the FAA
and the date of such approval;

(B) All environmental reviews re-

quired by the National Environmental
Policy Act (NEPA) of 1969 have been
completed and a copy of the final FAA

775

Federal Aviation Administration, DOT

§ 158.27

environmental determination with re-
spect to the project has been approved,
and the date of such approval, if such
determination is required; and

mination with respect to the project
has been completed, and the date of
such determination, if an airspace
study is required.

(iii) The information required by

§§ 158.25(b)(16) and 158.25(b)(17).

(2) An application where the author-

ity to impose a PFC has been pre-
viously approved:

(i) Must not be filed until the public

agency conducts further consultation
with air carriers and foreign air car-
riers under § 158.23. However, the meet-
ing required under § 158.23(a)(4) is op-
tional if there are no changes to the
projects after approval of the impose
authority and further opportunity for
public comment under § 158.24; and

(ii) Must include a summary of fur-

ther air carrier consultation and the
public agency’s response to any dis-
agreements submitted under the air
carrier consultation and public com-
ment processes conducted under para-
graph (c)(2)(i) of this section;

(iii) Must include the following, up-

dated and changed where appropriate:

(A) FAA Form 5500–1 without attach-

ments except as required below;

(B) For any projects where there

have been no changes since the FAA
approved authority to impose a PFC
for those projects, a list of projects in-
cluded in this application for use au-
thority. The FAA will consider the in-
formation on these projects, filed with
the impose authority application, in-
corporated by reference; and

since receiving impose authority, the
public agency must file an Attachment
B for that project clearly describing
the changes to the project.

(iv) An FAA Form 5500–1, Attach-

ment G, Airport Layout Plan, Air-
space, and Environmental Findings
(latest edition) providing the following
information:

(A) For projects required to be shown

on an ALP, the ALP depicting the
project has been approved by the FAA
and the date of such approval;

(B) All environmental reviews re-

quired by the National Environmental

Policy Act (NEPA) of 1969 have been
completed and a copy of the final FAA
environmental determination with re-
spect to the project has been approved,
and the date of such approval, if such
determination is required; and

mination with respect to the project
has been completed, and the date of
such determination, if an airspace
study is required; and

(v) The information required by

§§ 158.25(b)(16) and 158.25(b)(17).

[Doc. No. FAA–2004–17999, 70 FR 14935, Mar.
23, 2005]

§ 158.27 Review of applications.

(a)

General.

This section describes the

process for review of all applications
filed under § 158.25 of this part.

(b)

Determination of completeness.

Within 30 days after receipt of an appli-
cation by the FAA Airports office, the
Administrator determines whether the
application substantially complies
with the requirements of § 158.25.

(c)

Process for substantially complete

application.

If the Administrator deter-

mines the application is substantially
complete, the following procedures
apply:

(1) The Administrator advises the

public agency by letter that its appli-
cation is substantially complete.

(2) The Administrator may opt to

publish a notice in the F

EDERAL

ISTER

advising that the Administrator

intends to rule on the application and
inviting public comment, as set forth
in paragraph (e) of this section. If the
Administrator publishes a notice, the
Administrator will provide a copy of
the notice to the public agency.

(3) If the Administrator publishes a

notice, the public agency—

(i) Shall make available for inspec-

tion, upon request, a copy of the appli-
cation, notice, and other documents
germane to the application, and

(ii) May publish the notice in a news-

paper of general circulation in the area
where the airport covered by the appli-
cation is located.

(4) After reviewing the application

and any public comments received
from a F

EDERAL

EGISTER

notice, the

Administrator issues a final decision
approving or disapproving the applica-
tion, in whole or in part, before 120