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;
769
Federal Aviation Administration, DOT
§ 158.13
(3) Who is a nonrevenue passenger or
obtained the ticket for air transpor-
tation with a frequent flier award cou-
pon;
(4) On flights, including flight seg-
ments, between 2 or more points in Ha-
waii;
(5) In Alaska aboard an aircraft hav-
ing a certificated seating capacity of
fewer than 60 passengers; or
(6) Enplaning at an airport if the pas-
senger did not pay for the air transpor-
tation that resulted in the
enplanement due to Department of De-
fense charter arrangements and pay-
ments.
(b) No public agency may require a
foreign airline that does not serve a
point or points in the U.S. to collect a
PFC from a passenger.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–2, 65 FR 34541, May 30,
2000; Amdt. 158–4, 72 FR 28847, May 23, 2007]
§ 158.11 Public agency request not to
require collection of PFC’s by a
class of air carriers or foreign air
carriers or for service to isolated
communities.
(a) Subject to the requirements of
this part, a public agency may request
that collection of PFC’s not be re-
quired for—
(1) Passengers enplaned by any class
of air carrier or foreign air carrier if
the number of passengers enplaned by
the carriers in the class constitutes not
more than one percent of the total
number of passengers enplaned annu-
ally at the airport at which the fee is
imposed; or
(2) Passengers enplaned on a flight to
an airport—
(i) That has fewer than 2,500 pas-
senger boardings each year and re-
ceives scheduled passenger service; or
(ii) In a community that has a popu-
lation of less than 10,000 and is not con-
nected by a land highway or vehicular
way to the land-connected National
Highway System within a State.
(b) The public agency may request
this exclusion authority under para-
graph (a)(1) or (a)(2) of this section or
both.
[Doc. No. FAA–2000–7402, 65 FR 34541, May 30,
2000]
§ 158.13 Use of PFC revenue.
PFC revenue, including any interest
earned after such revenue has been re-
mitted to a public agency, may be used
only to finance the allowable costs of
approved projects at any airport the
public agency controls.
(a)
Total cost.
PFC revenue may be
used to pay all or part of the allowable
cost of an approved project.
(b)
PFC administrative support costs.
Public agencies may use PFC revenue
to pay for allowable administrative
support costs. Public agencies must
submit these costs as a separate
project in each PFC application.
(c)
Maximum cost for certain low-emis-
sion technology projects.
If a project in-
volves a vehicle or ground support
equipment using low emission tech-
nology eligible under § 158.15(b), the
FAA will determine the maximum cost
that may be financed by PFC revenue.
The maximum cost for a new vehicle is
the incremental amount between the
purchase price of a new low emission
vehicle and the purchase price of a
standard emission vehicle, or the cost
of converting a standard emission vehi-
cle to a low emission vehicle.
(d)
Bond-associated debt service and fi-
nancing costs.
(1) Public agencies may
use PFC revenue to pay debt service
and financing costs incurred for a bond
issued to carry out approved projects.
(2) If the public agency’s bond docu-
ments require that PFC revenue be
commingled in the general revenue
stream of the airport and pledged for
the benefit of holders of obligations,
the FAA considers PFC revenue to
have paid the costs covered in
§ 158.13(d)(1) if—
(i) An amount equal to the part of
the proceeds of the bond issued to
carry out approved projects is used to
pay allowable costs of such projects;
and
(ii) To the extent the PFC revenue
collected in any year exceeds the debt
service and financing costs on such
bonds during that year, an amount
equal to the excess is applied as re-
quired by § 158.39.
(e)
Exception providing for the use of
PFC revenue to pay for debt service for
non-eligible projects.
The FAA may au-
thorize a public agency under § 158.18 to
impose a PFC for payments for debt