766
14 CFR Ch. I (1–1–24 Edition)
§ 158.3
imposed by a public agency that con-
trols a commercial service airport.
This part also describes the procedures
for reducing funds to a large or me-
dium hub airport that imposes a PFC.
[Doc. No. FAA–2000–7402, 65 FR 34540, May 30,
2000]
§ 158.3 Definitions.
The following definitions apply in
this part:
Airport
means any area of land or
water, including any heliport, that is
used or intended to be used for the
landing and takeoff of aircraft, and any
appurtenant areas that are used or in-
tended to be used for airport buildings
or other airport facilities or rights-of-
way, together with all airport build-
ings and facilities located thereon.
Airport capital plan
means a capital
improvement program that lists air-
port-related planning, development or
noise compatibility projects expected
to be accomplished with anticipated
available funds.
Airport layout plan (ALP)
means a
plan showing the existing and proposed
airport facilities and boundaries in a
form prescribed by the Administrator.
Airport revenue
means revenue gen-
erated by a public airport (1) through
any lease, rent, fee, PFC or other
charge collected, directly or indirectly,
in connection with any aeronautical
activity conducted on an airport that
it controls; or (2) In connection with
any activity conducted on airport land
acquired with Federal financial assist-
ance, or with PFC revenue under this
part, or conveyed to such public agency
under the provisions of any Federal
surplus property program or any provi-
sion enacted to authorize the convey-
ance of Federal property to a public
agency for airport purposes.
Air travel ticket
includes all docu-
ments, electronic records, boarding
passes, and any other ticketing me-
dium about a passenger’s itinerary nec-
essary to transport a passenger by air,
including passenger manifests.
Allowable cost
means the reasonable
and necessary costs of carrying out an
approved project including costs in-
curred prior to and subsequent to the
approval to impose a PFC, and making
payments for debt service on bonds and
other indebtedness incurred to carry
out such projects. Allowable costs in-
clude only those costs incurred on or
after November 5, 1990. Costs of ter-
minal development incurred after Au-
gust 1, 1986, at an airport that did not
have more than .25 percent of the total
annual passenger boardings in the U.S.
in the most recent calendar year for
which data is available and at which
total passenger boardings declined by
at least 16 percent between calendar
year 1989 and calendar year 1997 are al-
lowable.
Approved project
means a project for
which the FAA has approved using PFC
revenue under this part. The FAA may
also approve specific projects con-
tained in a single or multi-phased
project or development described in an
airport capital plan separately. This
includes projects acknowledged by the
FAA under § 158.30 of this part.
Bond financing costs
means the costs
of financing a bond and includes such
costs as those associated with issuance,
underwriting discount, original issue
discount, capitalized interest, debt
service reserve funds, initial credit en-
hancement costs, and initial trustee
and paying agent fees.
Charge effective date
means the date
on which carriers are obliged to collect
a PFC.
Charge expiration date
means the date
on which carriers are to cease to col-
lect a PFC.
Collecting carrier
means an issuing
carrier or other carrier collecting a
PFC, whether or not such carrier issues
the air travel ticket.
Collection
means the acceptance of
payment of a PFC from a passenger.
Commercial service airport
means a
public airport that annually enplanes
2,500 or more passengers and receives
scheduled passenger service of aircraft.
Covered air carrier
means an air car-
rier that files for bankruptcy protec-
tion or has an involuntary bankruptcy
proceeding started against it after De-
cember 12, 2003. An air carrier that is
currently in compliance with PFC re-
mittance requirements and has an in-
voluntary bankruptcy proceeding com-
menced against it has 90 days from the
767
Federal Aviation Administration, DOT
§ 158.3
date such proceeding was filed to ob-
tain dismissal of the involuntary peti-
tion before becoming a covered air car-
rier. An air carrier ceases to be a cov-
ered air carrier when it emerges from
bankruptcy protection.
Covered airport
means a medium or
large hub airport at which one or two
air carriers control more than 50 per-
cent of passenger boardings.
Debt service
means payments for such
items as principal and interest, sinking
funds, call premiums, periodic credit
enhancement fees, trustee and paying
agent fees, coverage, and remarketing
fees.
Exclusive long-term lease or use agree-
ment
means an exclusive lease or use
agreement between a public agency and
an air carrier or foreign air carrier
with a term of 5 years or more.
FAA Airports office
means a regional,
district or field office of the Federal
Aviation Administration that admin-
isters Federal airport-related matters.
Financial need
means that a public
agency cannot meet its operational or
debt service obligations and does not
have at least a 2-month capital reserve
fund.
Frequent flier award coupon
means a
zero-fare award of air transportation
that an air carrier or foreign air car-
rier provides to a passenger in ex-
change for accumulated travel mileage
credits in a customer loyalty program,
whether or not the term ‘‘frequent
flier’’ is used in the definition of that
program. The definition of ‘‘frequent
flier award coupon’’ does not extend to
redemption of accumulated credits for
awards of additional or upgraded serv-
ice on trips for which the passenger has
paid a published fare, ‘‘two-for-the-
price-of-one’’ and similar marketing
programs, or to air transportation pur-
chased for a passenger by other parties.
Ground support equipment
means serv-
ice and maintenance equipment used at
an airport to support aeronautical op-
erations and related activities. Bag-
gage tugs, belt loaders, cargo loaders,
forklifts, fuel trucks, lavatory trucks,
and pushback tractors are among the
types of vehicles that fit this defini-
tion.
Implementation of an approved project
means: (1) With respect to construc-
tion, issuance to a contractor of notice
to proceed or the start of physical con-
struction; (2) with respect to non-
construction projects other than prop-
erty acquisition, commencement of
work by a contractor or public agency
to carry out the statement of work; or
(3) with respect to property acquisition
projects, commencement of title
search, surveying, or appraisal for a
significant portion of the property to
be acquired.
Issuing carrier
means any air carrier
or foreign air carrier that issues an air
travel ticket or whose imprinted ticket
stock is used in issuing such ticket by
an agent.
Medium or large hub airport
means a
commercial service airport that has
more than 0.25 percent of the total
number of passenger boardings at all
such airports in the U.S. for the prior
calendar year, as determined by the
Administrator.
Non-hub airport
means a commercial
service airport (as defined in 49 U.S.C.
47102) that has less than 0.05 percent of
the passenger boardings in the U.S. in
the prior calendar year on an aircraft
in service in air commerce.
Nonrevenue passenger
means a pas-
senger receiving air transportation
from an air carrier or foreign air car-
rier for which remuneration is not re-
ceived by the air carrier or foreign air
carrier as defined under Department of
Transportation Regulations or as oth-
erwise determined by the Adminis-
trator. Air carrier employees or others
receiving air transportation against
whom token service charges are levied
are considered nonrevenue passengers.
Infants for whom a token fare is
charged are also considered nonrevenue
passengers.
Notice of intent (to impose or use PFC
revenue)
means a notice under § 158.30
from a public agency controlling a non-
hub airport that it intends to impose a
PFC and/or use PFC revenue. Except
for §§ 158.25 through 30, ‘‘notice of in-
tent’’ can be used interchangeably with
‘‘application.’’
One-way trip
means any trip that is
not a round trip.
Passenger enplaned
means a domestic,
territorial or international revenue
passenger enplaned in the States in
scheduled or nonscheduled service on
768
14 CFR Ch. I (1–1–24 Edition)
§ 158.5
aircraft in intrastate, interstate, or
foreign commerce.
PFC
means a passenger facility
charge covered by this part imposed by
a public agency on passengers enplaned
at a commercial service airport it con-
trols.
PFC administrative support costs
means the reasonable and necessary
costs of developing a PFC application
or amendment, issuing and maintain-
ing the required PFC records, and per-
forming the required audit of the pub-
lic agency’s PFC account. These costs
may include reasonable monthly finan-
cial account charges and transaction
fees.
Project
means airport planning, air-
port land acquisition or development of
a single project, a multi-phased devel-
opment program, (including but not
limited to development described in an
airport capital plan) or a new airport
for which PFC financing is sought or
approved under this part.
Public agency
means a State or any
agency of one or more States; a mu-
nicipality or other political subdivision
of a State; an authority created by
Federal, State or local law; a tax-sup-
ported organization; an Indian tribe or
pueblo that controls a commercial
service airport; or for the purposes of
this part, a private sponsor of an air-
port approved to participate in the
Pilot Program on Private Ownership of
Airports.
Round trip
means a trip on a com-
plete air travel itinerary which termi-
nates at the origin point.
Significant business interest
means an
air carrier or foreign air carrier that:
(1) Had no less than 1.0 percent of
passenger boardings at that airport in
the prior calendar year,
(2) Had at least 25,000 passenger
boardings at the airport in that prior
calendar year, or
(3) Provides scheduled service at that
airport.
State
means a State of the United
States, the District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, the
Commonwealth of the Northern Mar-
iana Islands, and Guam.
Unliquidated PFC revenue
means rev-
enue received by a public agency from
collecting carriers but not yet used on
approved projects.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–2, 65 FR 34540, May 30,
2000; Amdt. 158–3, 70 FR 14934, Mar. 23, 2005;
Amdt. 158–4, 72 FR 28847, May 23, 2007]
§ 158.5 Authority to impose PFC’s.
Subject to the provisions of this part,
the Administrator may grant author-
ity to a public agency that controls a
commercial service airport to impose a
PFC of $1, $2, $3, $4, or $4.50 on pas-
sengers enplaned at such an airport. No
public agency may impose a PFC under
this part unless authorized by the Ad-
ministrator. No State or political sub-
division or agency thereof that is not a
public agency may impose a PFC cov-
ered by this part.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–2, 65 FR 34541, May 30,
2000]
§ 158.7 Exclusivity of authority.
(a) A State, political subdivision of a
State, or authority of a State or polit-
ical subdivision that is not the eligible
public agency may not tax, regulate,
prohibit, or otherwise attempt to con-
trol in any manner the imposition or
collection of a PFC or the use of PFC
revenue.
(b) No contract or agreement be-
tween an air carrier or foreign air car-
rier and a public agency may impair
the authority of such public agency to
impose a PFC or use the PFC revenue
in accordance with this part.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–2, 65 FR 34541, May 30,
2000]
§ 158.9 Limitations.
(a) No public agency may impose a
PFC on any passenger—
(1) For more than 2 boardings on a
one-way trip or in each direction of a
round trip;
(2) On any flight to an eligible point
on an air carrier that receives essential
air service compensation on that route.
The Administrator makes available a
list of carriers and eligible routes de-
termined by the Department of Trans-
portation for which PFC’s may not be
imposed under this section;