title-14-part-158-sec158-27

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

776

14 CFR Ch. I (1–1–24 Edition)

§ 158.29

days after the FAA Airports office re-
ceived the application.

(d)

Process for applications not substan-

tially complete.

If the Administrator de-

termines an application is not substan-
tially complete, the following proce-
dures apply:

(1) The Administrator notifies the

public agency in writing that its appli-
cation is not substantially complete.
The notification will list the informa-
tion required to complete the applica-
tion.

(2) Within 15 days after the Adminis-

trator sends such notification, the pub-
lic agency shall advise the Adminis-
trator in writing whether it intends to
supplement its application.

(3) If the public agency declines to

supplement the application, the Ad-
ministrator follows the procedures for
review of an application set forth in
paragraph (c) of this section and issues
a final decision approving or dis-
approving the application, in whole or
in part, no later than 120 days after the
application was received by the FAA
Airports office.

(4) If the public agency supplements

its application, the original application
is deemed to be withdrawn for purposes
of applying the statutory deadline for
the Administrator’s decision. Upon re-
ceipt of the supplement, the Adminis-
trator issues a final decision approving
or disapproving the supplemented ap-
plication, in whole or in part, no later
than 120 days after the supplement was
received by the FAA Airports office.

(e)

The Federal Register notice.

The

EDERAL

EGISTER

notice includes the

following information:

(1) The name of the public agency

and the airport at which the PFC is to
be imposed;

(2) A brief description of the PFC

project, the level of the proposed PFC,
the proposed charge effective date, the
proposed charge expiration date and
the total estimated PFC revenue;

(3) The address and telephone number

of the FAA Airports office at which the
application may be inspected;

(4) The Administrator’s determina-

tion on whether the application is sub-
stantially complete and any informa-
tion required to complete the applica-
tion; and

(5) The due dates for any public com-

ments.

(f)

Public comments.

(1) Interested per-

sons may file comments on the applica-
tion within 30 days after publication of
the Administrator’s notice in the F

ERAL

EGISTER

(2) Three copies of these comments

shall be submitted to the FAA Airports
office identified in the F

EDERAL

ISTER

notice.

(3) Commenters shall also provide

one copy of their comments to the pub-
lic agency.

(4) Comments from air carriers and

foreign air carriers may be in the same
form as provided to the public agency
under § 158.23.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56
FR 30867, July 8, 1991, as amended by Amdt.
158–3, 70 FR 14936, Mar. 23, 2005]

§ 158.29 The Administrator’s decision.

(a)

Authority to impose a PFC.

(1) An

application to impose a PFC will be ap-
proved in whole or in part only after a
determination that—

(i) The amount and duration of the

PFC will not result in revenue that ex-
ceeds amounts necessary to finance the
project;

(ii) The project will achieve the ob-

jectives and criteria set forth in § 158.15
except for those projects approved
under § 158.18.

(iii) If a PFC level above $3 is being

approved, the project meets the cri-
teria set forth in § 158.17;

(iv) The collection process, including

any request by the public agency not
to require a class of carriers to collect
PFC’s, is reasonable, not arbitrary,
nondiscriminatory, and otherwise in
compliance with the law;

(v) The public agency has not been

found to be in violation of 49 U.S.C.
47524 and 47526;

(vi) The public agency has not been

found to be in violation of 49 U.S.C.
47107(b) governing the use of airport
revenue;

(vii) If the public agency has not ap-

plied for authority to use PFC revenue,
a finding that there are alternative
uses of the PFC revenue to ensure that
such revenue will be used on approved
projects; and