785
Federal Aviation Administration, DOT
§ 158.63
(5) The provisions of paragraph (b) of
this section that allow the commin-
gling of PFCs with other air carrier
revenue do not apply to a covered air
carrier.
(d) All collecting air carriers must
disclose the existence and amount of
PFC funds regarded as trust funds in
their financial statements.
[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 28850, May 23, 2007]
§ 158.51 Remittance of PFC’s.
Passenger facility charges collected
by carriers shall be remitted to the
public agency on a monthly basis. PFC
revenue recorded in the accounting
system of the carrier, as set forth in
§ 158.49 of this part, shall be remitted to
the public agency no later than the
last day of the following calendar
month (or if that date falls on a week-
end or holiday, the first business day
thereafter).
§ 158.53 Collection compensation.
(a) As compensation for collecting,
handling, and remitting the PFC rev-
enue, the collecting air carrier is enti-
tled to:
(1) $0.11 of each PFC collected.
(2) Any interest or other investment
return earned on PFC revenue between
the time of collection and remittance
to the public agency.
(b) A covered air carrier that fails to
designate a separate PFC account is
prohibited from collecting interest on
the PFC revenue. Where a covered air
carrier maintains a separate PFC ac-
count in compliance with § 158.49(c), it
will receive the interest on PFC ac-
counts as described in paragraph (a)(2)
of this section.
(c)(1) Collecting air carriers may pro-
vide collection cost data periodically
to the FAA after the agency issues a
notice in the F
EDERAL
R
EGISTER
that
specifies the information and deadline
for filing the information. Submission
of the information is voluntary. The
requested information must include
data on interest earned by the air car-
riers on PFC revenue and air carrier
collection, handling, and remittance
costs in the following categories:
(i) Credit card fees;
(ii) Audit fees;
(iii) PFC disclosure fees;
(iv) Reservations costs;
(v) Passenger service costs;
(vi) Revenue accounting, data entry,
accounts payable, tax, and legal fees;
(vii) Corporate property department
costs;
(viii) Training for reservations
agents, ticket agents, and other de-
partments;
(ix) Ongoing carrier information sys-
tems costs;
(x) Ongoing computer reservations
systems costs; and
(xi) Airline Reporting Corporation
fees.
(2) The FAA may determine a new
compensation level based on an anal-
ysis of the data provided under para-
graph (c)(1) of this section, if the data
is submitted by carriers representing
at least 75 percent of PFCs collected
nationwide.
(3) Any new compensation level de-
termined by the FAA under paragraph
(c)(2) of this section will replace the
level identified in paragraph (a)(1) of
this section.
[Doc. No. FAA–2006–23730, 72 FR 28850, May
23, 2007; Amdt. 158–4, 72 FR 31714, June 8, 2007]
Subpart D—Reporting,
Recordkeeping and Audits
§ 158.61 General.
This subpart contains the require-
ments for reporting, recordkeeping and
auditing of accounts maintained by
collecting carriers and by public agen-
cies.
§ 158.63 Reporting requirements: Pub-
lic agency.
(a) The public agency must provide
quarterly reports to air carriers col-
lecting PFCs for the public agency
with a copy to the appropriate FAA
Airports Office. The quarterly report
must include:
(1) Actual PFC revenue received from
collecting air carriers, interest earned,
and project expenditures for the quar-
ter;
(2) Cumulative actual PFC revenue
received, interest earned, project ex-
penditures, and the amount committed
for use on currently approved projects,
including the quarter;