title-14-part-158-sec158-33

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.

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;

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.

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

780

14 CFR Ch. I (1–1–24 Edition)

§ 158.35

terminated under this section, the Ad-
ministrator will not grant new ap-
proval to impose a PFC in advance of
implementation of an approved project.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56
FR 37127, Aug. 2, 1991; Amdt. 158–4, 72 FR
28849, May 23, 2007]

§ 158.35 Extension of time to submit

application to use PFC revenue.

(a) A public agency may request an

extension of time to submit an applica-
tion to use PFC revenue after approval
of an application to impose PFC’s. At
least 30 days prior to submitting such
request, the public agency shall publish
notice of its intention to request an ex-
tension in a local newspaper of general
circulation and shall request com-
ments. The notice shall include
progress on the project, a revised
schedule for obtaining project approval
and reasons for the delay in submitting
the application.

(b) The request shall be submitted at

least 120 days prior to the charge expi-
ration date and, unless otherwise au-
thorized by the Administrator, shall be
accompanied by the following:

(1) A description of progress on the

project application to date.

(2) A revised schedule for submitting

the application.

(3) An explanation of the reasons for

delay in submitting the application.

(4) A summary financial report de-

picting the total amount of PFC rev-
enue collected plus interest, the pro-
jected amount to be collected during
the period of the requested extension,
and any public agency funds used on
the project for which reimbursement
may be sought.

(5) A summary of any further con-

sultation with air carriers and foreign
air carriers operating at the airport.

(6) A summary of comments received

in response to the local notice.

quest for extension and accompanying
information, to determine whether—

(1) The public agency has shown good

cause for the delay in applying for
project approval;

(2) The revised schedule is satisfac-

tory; and

(3) Further collection will not result

in excessive accumulation of PFC rev-
enue.

(d) The Administrator, upon deter-

mining that the agency has shown good
cause for the delay and that other ele-
ments of the request are satisfactory,
grants the request for extension to the
public agency. The Administrator ad-
vises the public agency in writing not
more than 90 days after receipt of the
request. The duration of the extension
shall be as specified in § 158.33 of this
part.

§ 158.37 Amendment of approved PFC.

(a)(1) A public agency may amend the

FAA’s decision with respect to an ap-
proved PFC to:

(i) Increase or decrease the level of

PFC the public agency wants to collect
from each passenger,

(ii) Increase or decrease the total ap-

proved PFC revenue,

(iii) Change the scope of an approved

project,

(iv) Delete an approved project, or
(v) Establish a new class of carriers

under § 158.11 or amend any such class
previously approved.

(2) A public agency may not amend

the FAA’s decision with respect to an
approved PFC to add projects, change
an approved project to a different facil-
ity type, or alter an approved project
to accomplish a different purpose.

(b) The public agency must file a re-

quest to the Administrator to amend
the FAA’s decision with respect to an
approved PFC. The request must in-
clude or demonstrate:

(1)(i) Further consultation with the

air carriers and foreign air carriers and
seek public comment in accordance
with §§ 158.23 and 158.24 when applying
for those requests to:

(A) Amend the approved PFC amount

for a project by more than 25 percent of
the original approved amount if the
amount was $1,000,000 or greater,

(B) Amend the approved PFC amount

for a project by any percentage if the
original approved amount was below
$1,000,000 and the amended approved
amount is $1,000,000 or greater,

lected from each passenger.

(ii) No further consultation with air

carriers and foreign air carriers or pub-
lic comment is required by a public
agency in accordance with §§ 158.23 and