777
Federal Aviation Administration, DOT
§ 158.30
(viii) If applicable, the public agency
has submitted a competition plan in
accordance with § 158.19.
(2) The Administrator notifies the
public agency in writing of the decision
on the application. The notification
will list the projects and alternative
uses that may qualify for PFC financ-
ing under § 158.15, and (if a PFC level
above $3 is being approved) § 158.17, PFC
level, total approved PFC revenue in-
cluding the amounts approved at $3 and
less, $4, and/or $4.50, duration of au-
thority to impose and earliest permis-
sible charge effective date.
(b)
Authority to use PFC revenue on an
approved project.
(1) An application for
authority to use PFC revenue will be
approved 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; and
(iv) All applicable requirements per-
taining to the ALP for the airport, air-
space studies for the project, and the
National Environmental Policy Act of
1969 (NEPA), have been satisfied.
(2) The Administrator notifies the
public agency in writing of the decision
on the application. The notification
will list the approved projects, PFC
level, total approved PFC revenue,
total approved for collection, including
the amounts approved at $3 and less, $4,
and/or $4.50, and any limit on the dura-
tion of authority to impose a PFC as
prescribed under § 158.33.
(3) Approval to use PFC revenue to fi-
nance a project shall be construed as
approval of that project.
(c)
Disapproval of application.
(1) If an
application is disapproved, the Admin-
istrator notifies the public agency in
writing of the decision and the reasons
for the disapproval.
(2) A public agency reapplying for ap-
proval to impose or use a PFC must
comply with §§ 158.23, 158.24, and 158.25.
(d) The Administrator publishes a
monthly notice of PFC approvals and
disapprovals in the F
EDERAL
R
EGISTER
.
[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56
FR 30867, July 8, 1991, as amended by Amdt.
158–2, 65 FR 34542, May 30, 2000; Amdt. 158–3,
70 FR 14936, Mar. 23, 2005; Amdt. 158–4, 72 FR
28848, May 23, 2007]
§ 158.30 PFC Authorization at Non-
Hub Airports.
(a)
General.
This section specifies the
procedures a public agency controlling
a non-hub airport must follow when no-
tifying the FAA of its intent to impose
a PFC and to use PFC revenue on a
project under this section. In addition,
this section describes the FAA’s rules
for reviewing and acknowledging a no-
tice of intent filed under this section.
A public agency may notify the FAA of
its intent to impose a PFC before or
concurrent with a notice of intent to
use PFC revenue. A public agency must
file a notice of intent in the manner
and form prescribed by the Adminis-
trator and must include the informa-
tion required under paragraphs (b), (c),
or both, of this section.
(b)
Notice of intent to impose a PFC.
This paragraph sets forth the informa-
tion a public agency must file to notify
the FAA of its intent to impose a PFC
under this section. The public agency
must file a separate notice of intent for
each airport at which the public agen-
cy plans on imposing a PFC. An au-
thorized official of the public agency
must sign the notice of intent and, un-
less authorized by the Administrator,
must include:
(1) A completed FAA Form 5500–1,
PFC Application (latest edition) with-
out attachments except as required
below;
(2) Project information (in the form
and manner prescribed by the FAA) in-
cluding the project title, PFC funds
sought, PFC level sought, and, if an ex-
isting Airport Improvement Program
(AIP) grant already covers this project,
the grant agreement number.
(3) If an existing AIP grant does not
cover this project, the notice of intent
must include the information in para-
graph (b)(2) of this section as well as
the following:
(i) Additional information describing
the proposed schedule for the project,
778
14 CFR Ch. I (1–1–24 Edition)
§ 158.30
(ii) A description of how this project
meets one of the PFC objectives in
§ 158.15(a), and
(iii) A description of how this project
meets the adequate justification re-
quirement in § 158.15(c).
(4) A copy of any comments received
by the public agency during the air
carrier consultation and public com-
ment processes (§§ 158.23 and 158.24) and
the public agency’s response to any dis-
agreements.
(5) If applicable, a request to exclude
a class of carriers from the require-
ment to collect the PFC (§ 158.11).
(6) A signed statement certifying
that the public agency will comply
with the assurances set forth in Appen-
dix A to this part.
(7) Any additional information the
Administrator may require.
(c)
Notice of intent to use PFC revenue.
A public agency may use PFC revenue
only for projects included in notices
filed under this paragraph or approved
under § 158.29. This paragraph sets forth
the information that a public agency
must file, unless otherwise authorized
by the Administrator, in its notice of
intent to use PFC revenue to finance
specific projects under this section.
(1) A notice of intent to use PFC rev-
enue filed concurrently with a notice of
intent to impose a PFC must include:
(i) The information required under
paragraphs (b)(1) through (7) of this
section;
(ii) A completed FAA Form 5500–1,
Attachment G, Airport Layout Plan,
Airspace, and Environmental Findings
(latest edition) for all projects not in-
cluded in an existing Federal airport
program grant.
(2) A notice of intent to use PFC rev-
enue where the FAA has previously ac-
knowledged a notice of intent to im-
pose a PFC must:
(i) Be preceded by further consulta-
tion with air carriers and the oppor-
tunity for public comment under
§§ 158.23 and 158.24 of this part. How-
ever, a meeting with the air carriers is
optional if all information is the same
as that provided with the impose au-
thority notice;
(ii) Include a copy of any comments
received by the public agency during
the air carrier consultation and public
comment processes (§§ 158.23 and 158.24)
and the public agency’s response to any
disagreements or negative comments;
and
(iii) Include any updated and changed
information:
(A) Required by paragraphs (b)(1), (2),
(5), (6), and (7) of this section; and
(B) Required by paragraph (c)(1)(ii) of
this section.
(d)
FAA review of notices of intent.
(1)
The FAA will review the notice of in-
tent to determine that:
(A) The amount and duration of the
PFC will not result in revenue that ex-
ceeds the amount necessary to finance
the project(s);
(B) Each proposed project meets the
requirements of § 158.15;
(C) Each project proposed at a PFC
level above $3.00 meets the require-
ments of § 158.17(a)(2) and (3);
(D) All applicable airport layout
plan, airspace, and environmental re-
quirements have been met for each
project;
(E) Any request by the public agency
to exclude a class of carriers from the
requirement to collect the PFC is rea-
sonable, not arbitrary, nondiscrim-
inatory, and otherwise complies with
the law; and
(F) The consultation and public com-
ment processes complied with §§ 158.23
and 158.24.
(2) The FAA will also make a deter-
mination regarding the public agency’s
compliance with 49 U.S.C. 47524 and
47526 governing airport noise and ac-
cess restrictions and 49 U.S.C. 47107(b)
governing the use of airport revenue.
Finally, the FAA will review all com-
ments filed during the air carrier con-
sultation and public comment proc-
esses.
(e)
FAA acknowledgment of notices of
intent.
Within 30 days of receipt of the
public agency’s notice of intent about
its PFC program, the FAA will issue a
written acknowledgment of the public
agency’s notice. The FAA’s acknowl-
edgment may concur with all proposed
projects, may object to some or all pro-
posed projects, or may object to the no-
tice of intent in its entirety. The
FAA’s acknowledgment will include
the reason(s) for any objection(s).
779
Federal Aviation Administration, DOT
§ 158.33
(f) Public agency actions following
issuance of FAA acknowledgment let-
ter. If the FAA does not object to ei-
ther a project or the notice of intent in
its entirety, the public agency may im-
plement its PFC program. The public
agency’s implementation must follow
the information specified in its notice
of intent. If the FAA objects to a
project, the public agency may not col-
lect or use PFC revenue on that
project. If the FAA objects to the no-
tice of intent in its entirety, the public
agency may not implement the PFC
program proposed in that notice. When
implementing a PFC under this sec-
tion, except for § 158.25, a public agency
must comply with all sections of part
158.
(g)
Acknowledgment not an order.
An
FAA acknowledgment issued under
this section is not considered an order
issued by the Secretary for purposes of
49 U.S.C. 46110 (Judicial Review).
(h)
Sunset provision.
This section will
expire May 9, 2008.
[Doc. No. FAA–2004–17999, 70 FR 14936, Mar.
23, 2005]
§ 158.31 Duration of authority to im-
pose a PFC after project implemen-
tation.
A public agency that has begun im-
plementing an approved project may
impose a PFC until—
(a) The charge expiration date is
reached;
(b) The total PFC revenue collected
plus interest earned thereon equals the
allowable cost of the approved project;
(c) The authority to collect the PFC
is terminated by the Administrator
under subpart E of this part; or
(d) The public agency is determined
by the Administrator to be in violation
of 49 U.S.C. 47524 and 47526, and the au-
thority to collect the PFC is termi-
nated under that statute’s imple-
menting regulations under this title.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–2, 65 FR 34542, May 30,
2000; Amdt. 158–4, 72 FR 28849, May 23, 2007]
§ 158.33 Duration of authority to im-
pose a PFC before project imple-
mentation.
(a) A public agency shall not impose
a PFC beyond the lesser of the fol-
lowing—
(1) 2 years after approval to use PFC
revenue on an approved project if the
project has not been implemented, or
(2) 5 years after the charge effective
date; or
(3) 5 years after the FAA’s decision
on the application (if the charge effec-
tive date is more than 60 days after the
decision date) if an approved project is
not implemented.
(b) If, in the Administrator’s judg-
ment, the public agency has not made
sufficient progress toward implementa-
tion of an approved project within the
times specified in paragraph (a) of this
section, the Administrator begins ter-
mination proceedings under subpart E
of this part.
(c) The authority to impose a PFC
following approval shall automatically
expire without further action by the
Administrator on the following dates:
(1) 3 years after the charge effective
date; or 3 years after the FAA’s deci-
sion on the application if the charge ef-
fective date is more than 60 days after
the decision date unless—
(i) The public agency has filed an ap-
plication for approval to use PFC rev-
enue for an eligible project that is
pending before the FAA;
(ii) An application to use PFC rev-
enue has been approved; or
(iii) A request for extension (not to
exceed 2 years) to submit an applica-
tion for project approval, under § 158.35,
has been granted; or
(2) 5 years after the charge effective
date; or 5 years after the FAA’s deci-
sion on the application (if the charge
effective date is more than 60 days
after the decision date) unless the pub-
lic agency has obtained project ap-
proval.
(d) If the authority to impose a PFC
expires under paragraph (c) of this sec-
tion, the public agency must provide
the FAA with a list of the air carriers
and foreign air carriers operating at
the airport and all other collecting car-
riers that have remitted PFC revenue
to the public agency in the preceding 12
months. The FAA notifies each of the
listed carriers to terminate PFC collec-
tion no later than 30 days after the
date of notification by the FAA.
(e) Restriction on reauthorization to
impose a PFC. Whenever the authority
to impose a PFC has expired or been