14 CFR Part 158 — Passenger Facility Charges (PFC's)

Federal Aviation Administration, DOT § 158.1 158.31 Duration of authority to impose a invalid on the day specified as the de- PFC after project implementation.

termination void date. Interested per- 158.33 Duration of authority to impose a sons may, at least 15 days in advance of PFC before project implementation.

the determination void date, petition 158.35 Extension of time to submit applica- the FAA official who issued the deter- tion to use PFC revenue.

mination to: 158.37 Amendment of approved PFC.

(1) Revise the determination based on 158.39 Use of excess PFC revenue.

new facts that change the basis on Subpart C—Collection, Handling, and which it was made; or Remittance of PFC’s (2) Extend the determination void date. Determinations will be furnished 158.41 General.

to the proponent, aviation officials of 158.43 Public agency notification to collect the state concerned, and, when appro- PFC’s.

priate, local political bodies and other 158.45 Collection of PFC’s on tickets issued interested persons.

in the U.S.

158.47 Collection of PFC’s on tickets issued § 157.9 Notice of completion.

outside the U.S.

158.49 Handling of PFC’s.

Within 15 days after completion of 158.51 Remittance of PFC’s.

any airport project covered by this 158.53 Collection compensation.

part, the proponent of such project shall notify the FAA Airport District Subpart D—Reporting, Recordkeeping and Office or Regional Office by submission Audits of FAA Form 5010–5 or by letter. A 158.61 General.

copy of FAA Form 5010–5 will be pro- 158.63 Reporting requirements: Public agen- vided with the FAA determination.

cy.

158.65 Reporting requirements: Collecting PART 158—PASSENGER FACILITY air carriers.

CHARGES (PFC’S) 158.67 Recordkeeping and auditing: Public agency.

158.69 Recordkeeping and auditing: Col- Subpart A—General lecting carriers.

Sec.

158.71 Federal oversight.

158.1 Applicability.

158.3 Definitions.

Subpart E—Termination 158.5 Authority to impose PFC’s.

158.81 General.

158.7 Exclusivity of authority.

158.83 Informal resolution.

158.9 Limitations.

158.11 Public agency request not to require 158.85 Termination of authority to impose collection of PFC’s by a class of air car- PFC’s.

riers or foreign air carriers or for service 158.87 Loss of Federal airport grant funds.

to isolated communities.

158.13 Use of PFC revenue. Subpart F—Reduction in Airport 158.15 Project eligibility at PFC levels of $1, Improvement Program Apportionments $2, or $3.

158.17 Project eligibility at PFC levels of $4 158.91 General.

or $4.50. 158.93 Public agencies subject to reduction.

158.18 Use of PFC revenue to pay for debt 158.95 Implementation of reduction.

service for non-eligible projects.

A PPENDIX A TO P ART 158—A SSURANCES 158.19 Requirement for competition plans.

A UTHORITY : 49 U.S.C. 106(g), 40116–40117, 158.20 Submission of required documents.

47106, 47111, 47114–47116, 47524, 47526.

Subpart B—Application and Approval S OURCE : Docket 26385, 56 FR 24278, May 29, 1991, unless otherwise noted.

158.21 General.

158.23 Consultation with air carriers and foreign air carriers. Subpart A—General 158.24 Notice and opportunity for public comment.

§ 158.1 Applicability.

158.25 Applications.

This part applies to passenger facil- 158.27 Review of applications.

ity charges (PFC’s) as may be approved 158.29 The Administrator’s decision.

by the Administrator of the Federal 158.30 PFC Authorization at Non-Hub Air- ports. Aviation Administration (FAA) and VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00779 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.3 imposed by a public agency that con- out such projects. Allowable costs in- trols a commercial service airport. clude only those costs incurred on or This part also describes the procedures after November 5, 1990. Costs of ter- for reducing funds to a large or me- minal development incurred after Au- dium hub airport that imposes a PFC.

gust 1, 1986, at an airport that did not have more than .25 percent of the total [Docket FAA–2000–7402, 65 FR 34540, May 30, 2000] annual passenger boardings in the U.S.

in the most recent calendar year for § 158.3 Definitions.

which data is available and at which The following definitions apply in total passenger boardings declined by this part: at least 16 percent between calendar Airport means any area of land or year 1989 and calendar year 1997 are al- water, including any heliport, that is lowable.

used or intended to be used for the Approved project means a project for landing and takeoff of aircraft, and any which the FAA has approved using PFC appurtenant areas that are used or in- revenue under this part. The FAA may tended to be used for airport buildings also approve specific projects con- or other airport facilities or rights-of- tained in a single or multi-phased way, together with all airport build- project or development described in an ings and facilities located thereon.

airport capital plan separately. This Airport capital plan means a capital includes projects acknowledged by the improvement program that lists air- FAA under § 158.30 of this part.

port-related planning, development or noise compatibility projects expected Bond financing costs means the costs to be accomplished with anticipated of financing a bond and includes such available funds. costs as those associated with issuance, Airport layout plan (ALP) means a underwriting discount, original issue plan showing the existing and proposed discount, capitalized interest, debt airport facilities and boundaries in a service reserve funds, initial credit en- form prescribed by the Administrator.

hancement costs, and initial trustee Airport revenue means revenue gen- and paying agent fees.

erated by a public airport (1) through Charge effective date means the date any lease, rent, fee, PFC or other on which carriers are obliged to collect charge collected, directly or indirectly, a PFC.

in connection with any aeronautical Charge expiration date means the date activity conducted on an airport that on which carriers are to cease to col- it controls; or (2) In connection with lect a PFC.

any activity conducted on airport land Collecting carrier means an issuing acquired with Federal financial assist- carrier or other carrier collecting a ance, or with PFC revenue under this PFC, whether or not such carrier issues part, or conveyed to such public agency under the provisions of any Federal the air travel ticket.

surplus property program or any provi- Collection means the acceptance of sion enacted to authorize the convey- payment of a PFC from a passenger.

ance of Federal property to a public Commercial service airport means a agency for airport purposes.

public airport that annually enplanes Air travel ticket includes all docu- 2,500 or more passengers and receives ments, electronic records, boarding scheduled passenger service of aircraft.

passes, and any other ticketing me- Covered air carrier means an air car- dium about a passenger’s itinerary nec- rier that files for bankruptcy protec- essary to transport a passenger by air, tion or has an involuntary bankruptcy including passenger manifests.

proceeding started against it after De- Allowable cost means the reasonable cember 12, 2003. An air carrier that is and necessary costs of carrying out an currently in compliance with PFC re- approved project including costs in- mittance requirements and has an in- curred prior to and subsequent to the voluntary bankruptcy proceeding com- approval to impose a PFC, and making menced against it has 90 days from the payments for debt service on bonds and other indebtedness incurred to carry VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00780 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.3 date such proceeding was filed to ob- to proceed or the start of physical con- tain dismissal of the involuntary peti- struction; (2) with respect to non- tion before becoming a covered air car- construction projects other than prop- rier. An air carrier ceases to be a cov- erty acquisition, commencement of ered air carrier when it emerges from work by a contractor or public agency bankruptcy protection.

to carry out the statement of work; or Covered airport means a medium or (3) with respect to property acquisition large hub airport at which one or two projects, commencement of title air carriers control more than 50 per- search, surveying, or appraisal for a cent of passenger boardings.

significant portion of the property to Debt service means payments for such be acquired.

items as principal and interest, sinking Issuing carrier means any air carrier funds, call premiums, periodic credit or foreign air carrier that issues an air enhancement fees, trustee and paying travel ticket or whose imprinted ticket agent fees, coverage, and remarketing stock is used in issuing such ticket by fees.

an agent.

Exclusive long-term lease or use agree- Medium or large hub airport means a ment means an exclusive lease or use commercial service airport that has agreement between a public agency and more than 0.25 percent of the total an air carrier or foreign air carrier number of passenger boardings at all with a term of 5 years or more.

such airports in the U.S. for the prior FAA Airports office means a regional, calendar year, as determined by the district or field office of the Federal Administrator.

Aviation Administration that admin- Non-hub airport means a commercial isters Federal airport-related matters.

service airport (as defined in 49 U.S.C.

Financial need means that a public 47102) that has less than 0.05 percent of agency cannot meet its operational or the passenger boardings in the U.S. in debt service obligations and does not the prior calendar year on an aircraft have at least a 2-month capital reserve in service in air commerce.

fund.

Nonrevenue passenger means a pas- Frequent flier award coupon means a senger receiving air transportation zero-fare award of air transportation from an air carrier or foreign air car- that an air carrier or foreign air car- rier for which remuneration is not re- rier provides to a passenger in ex- ceived by the air carrier or foreign air change for accumulated travel mileage carrier as defined under Department of credits in a customer loyalty program, Transportation Regulations or as oth- whether or not the term ‘‘frequent erwise determined by the Adminis- flier’’ is used in the definition of that trator. Air carrier employees or others program. The definition of ‘‘frequent receiving air transportation against flier award coupon’’ does not extend to whom token service charges are levied redemption of accumulated credits for are considered nonrevenue passengers.

awards of additional or upgraded serv- Infants for whom a token fare is ice on trips for which the passenger has charged are also considered nonrevenue paid a published fare, ‘‘two-for-the- passengers.

price-of-one’’ and similar marketing Notice of intent (to impose or use PFC programs, or to air transportation pur- revenue) means a notice under § 158.30 chased for a passenger by other parties.

from a public agency controlling a non- Ground support equipment means serv- hub airport that it intends to impose a ice and maintenance equipment used at PFC and/or use PFC revenue. Except an airport to support aeronautical op- for §§ 158.25 through 30, ‘‘notice of in- erations and related activities. Bag- tent’’ can be used interchangeably with gage tugs, belt loaders, cargo loaders, ‘‘application.’’ forklifts, fuel trucks, lavatory trucks, One-way trip means any trip that is and pushback tractors are among the not a round trip.

types of vehicles that fit this defini- tion. Passenger enplaned means a domestic, Implementation of an approved project territorial or international revenue means: (1) With respect to construc- passenger enplaned in the States in tion, issuance to a contractor of notice scheduled or nonscheduled service on VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00781 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.5 aircraft in intrastate, interstate, or collecting carriers but not yet used on foreign commerce. approved projects.

PFC means a passenger facility [Docket 26385, 56 FR 24278, May 29, 1991, as charge covered by this part imposed by amended by Amdt. 158–2, 65 FR 34540, May 30, a public agency on passengers enplaned 2000; Amdt. 158–3, 70 FR 14934, Mar. 23, 2005; at a commercial service airport it con- Amdt. 158–4, 72 FR 28847, May 23, 2007] trols.

§ 158.5 Authority to impose PFC’s.

PFC administrative support costs means the reasonable and necessary Subject to the provisions of this part, costs of developing a PFC application the Administrator may grant author- or amendment, issuing and maintain- ity to a public agency that controls a ing the required PFC records, and per- commercial service airport to impose a forming the required audit of the pub- PFC of $1, $2, $3, $4, or $4.50 on pas- lic agency’s PFC account. These costs sengers enplaned at such an airport. No may include reasonable monthly finan- public agency may impose a PFC under cial account charges and transaction this part unless authorized by the Ad- fees.

ministrator. No State or political sub- Project means airport planning, air- division or agency thereof that is not a port land acquisition or development of public agency may impose a PFC cov- a single project, a multi-phased devel- ered by this part.

opment program, (including but not [Docket 26385, 56 FR 24278, May 29, 1991, as limited to development described in an amended by Amdt. 158–2, 65 FR 34541, May 30, airport capital plan) or a new airport 2000] for which PFC financing is sought or approved under this part.

§ 158.7 Exclusivity of authority.

Public agency means a State or any (a) A State, political subdivision of a agency of one or more States; a mu- State, or authority of a State or polit- nicipality or other political subdivision ical subdivision that is not the eligible of a State; an authority created by public agency may not tax, regulate, Federal, State or local law; a tax-sup- prohibit, or otherwise attempt to con- ported organization; an Indian tribe or trol in any manner the imposition or pueblo that controls a commercial collection of a PFC or the use of PFC service airport; or for the purposes of revenue.

this part, a private sponsor of an air- (b) No contract or agreement be- port approved to participate in the tween an air carrier or foreign air car- Pilot Program on Private Ownership of rier and a public agency may impair Airports.

the authority of such public agency to Round trip means a trip on a com- impose a PFC or use the PFC revenue plete air travel itinerary which termi- in accordance with this part.

nates at the origin point.

Significant business interest means an [Docket 26385, 56 FR 24278, May 29, 1991, as air carrier or foreign air carrier that: amended by Amdt. 158–2, 65 FR 34541, May 30, 2000] (1) Had no less than 1.0 percent of passenger boardings at that airport in § 158.9 Limitations.

the prior calendar year, (2) Had at least 25,000 passenger (a) No public agency may impose a boardings at the airport in that prior PFC on any passenger— calendar year, or (1) For more than 2 boardings on a (3) Provides scheduled service at that one-way trip or in each direction of a airport.

round trip; State means a State of the United (2) On any flight to an eligible point States, the District of Columbia, the on an air carrier that receives essential Commonwealth of Puerto Rico, the air service compensation on that route.

Virgin Islands, American Samoa, the The Administrator makes available a Commonwealth of the Northern Mar- list of carriers and eligible routes de- iana Islands, and Guam.

termined by the Department of Trans- Unliquidated PFC revenue means rev- portation for which PFC’s may not be enue received by a public agency from imposed under this section; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00782 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.13 (3) Who is a nonrevenue passenger or § 158.13 Use of PFC revenue.

obtained the ticket for air transpor- PFC revenue, including any interest tation with a frequent flier award cou- earned after such revenue has been re- pon; mitted to a public agency, may be used (4) On flights, including flight seg- only to finance the allowable costs of ments, between 2 or more points in Ha- approved projects at any airport the waii; public agency controls.

(5) In Alaska aboard an aircraft hav- (a) Total cost. PFC revenue may be ing a certificated seating capacity of used to pay all or part of the allowable fewer than 60 passengers; or cost of an approved project.

(b) PFC administrative support costs.

(6) Enplaning at an airport if the pas- Public agencies may use PFC revenue senger did not pay for the air transpor- to pay for allowable administrative tation that resulted in the support costs. Public agencies must enplanement due to Department of De- submit these costs as a separate fense charter arrangements and pay- project in each PFC application.

ments.

(c) Maximum cost for certain low-emis- (b) No public agency may require a sion technology projects. If a project in- foreign airline that does not serve a volves a vehicle or ground support point or points in the U.S. to collect a equipment using low emission tech- PFC from a passenger.

nology eligible under § 158.15(b), the FAA will determine the maximum cost [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158–2, 65 FR 34541, May 30, that may be financed by PFC revenue.

2000; Amdt. 158–4, 72 FR 28847, May 23, 2007] The maximum cost for a new vehicle is the incremental amount between the § 158.11 Public agency request not to purchase price of a new low emission require collection of PFC’s by a vehicle and the purchase price of a class of air carriers or foreign air standard emission vehicle, or the cost carriers or for service to isolated of converting a standard emission vehi- communities.

cle to a low emission vehicle.

(a) Subject to the requirements of (d) Bond-associated debt service and fi- this part, a public agency may request nancing costs. (1) Public agencies may that collection of PFC’s not be re- use PFC revenue to pay debt service quired for— and financing costs incurred for a bond (1) Passengers enplaned by any class issued to carry out approved projects.

of air carrier or foreign air carrier if (2) If the public agency’s bond docu- the number of passengers enplaned by ments require that PFC revenue be the carriers in the class constitutes not commingled in the general revenue more than one percent of the total stream of the airport and pledged for number of passengers enplaned annu- the benefit of holders of obligations, ally at the airport at which the fee is the FAA considers PFC revenue to imposed; or have paid the costs covered in § 158.13(d)(1) if— (2) Passengers enplaned on a flight to (i) An amount equal to the part of an airport— the proceeds of the bond issued to (i) That has fewer than 2,500 pas- carry out approved projects is used to senger boardings each year and re- pay allowable costs of such projects; ceives scheduled passenger service; or and (ii) In a community that has a popu- (ii) To the extent the PFC revenue lation of less than 10,000 and is not con- collected in any year exceeds the debt nected by a land highway or vehicular service and financing costs on such way to the land-connected National bonds during that year, an amount Highway System within a State.

equal to the excess is applied as re- (b) The public agency may request quired by § 158.39.

this exclusion authority under para- (e) Exception providing for the use of graph (a)(1) or (a)(2) of this section or PFC revenue to pay for debt service for both.

non-eligible projects. The FAA may au- thorize a public agency under § 158.18 to [Docket FAA–2000–7402, 65 FR 34541, May 30, 2000] impose a PFC for payments for debt VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00783 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.15 service on indebtedness incurred to the measures are approved under 49 carry out an airport project that is not U.S.C. 47504; eligible if the FAA determines that (6) Construction of gates and related such use is necessary because of the fi- areas at which passengers are enplaned nancial need of the airport. or deplaned and other areas directly re- (f) Combination of PFC revenue and lated to the movement of passengers Federal grant funds. A public agency and baggage in air commerce within may combine PFC revenue and airport the boundaries of the airport. These grant funds to carry out an approved areas do not include restaurants, car project. These projects are subject to rental and automobile parking facili- the record keeping and auditing re- ties, or other concessions. Projects re- quirements of this part, as well as the quired to enable added air service by an reporting, record keeping and auditing air carrier with less than 50 percent of requirements imposed by the Airport the annual passenger boardings at an and Airway Improvement Act of 1982 airport have added eligibility. Such (AAIA). projects may include structural foun- dations and floor systems, exterior (g) Non-Federal share. Public agencies building walls and load-bearing inte- may use PFC revenue to meet the non- rior columns or walls, windows, door Federal share of the cost of projects and roof systems, building utilities (in- funded under the Federal airport grant cluding heating, air conditioning, ven- program or the FAA ‘‘Program to Per- tilation, plumbing, and electrical serv- mit Cost-Sharing of Air Traffic Mod- ice), and aircraft fueling facilities next ernization Projects’’ under 49 U.S.C.

to the gate; 44517.

(7) A project approved under the (h) Approval of project following ap- FAA’s ‘‘Program to Permit Cost-Shar- proval to impose a PFC. The public agen- ing of Air Traffic Modernization cy may not use PFC revenue or inter- Projects’’ under 49 U.S.C. 44517; or est earned thereon except on an ap- (8) If the airport is in an air quality proved project.

nonattainment area (as defined by sec- [Docket 26385, 56 FR 24278, May 29, 1991, as tion 171(2) of the Clean Air Act (42 amended by Amdt. 158–4, 72 FR 28847, May 23, U.S.C. 7501(2)) or a maintenance area 2007] referred to in section 175A of such Act (42 U.S.C. 7505a), and the project will § 158.15 Project eligibility at PFC lev- result in the airport receiving appro- els of $1, $2, or $3.

priate emission credits as described in (a) To be eligible, a project must— 49 U.S.C. 47139, a project for: (1) Preserve or enhance safety, secu- (i) Converting vehicles eligible under rity, or capacity of the national air § 158.15(b)(1) and ground support equip- transportation system; ment powered by a diesel or gasoline (2) Reduce noise or mitigate noise engine used at a commercial service impacts resulting from an airport; or airport to low-emission technology cer- (3) Furnish opportunities for en- tified or verified by the Environmental hanced competition between or among Protection Agency to reduce emissions air carriers.

or to use cleaner burning conventional (b) Eligible projects are any of the fuels; or following projects— (ii) Acquiring for use at a commer- (1) Airport development eligible cial service airport vehicles eligible under subchapter I of chapter 471 of 49 under § 158.15(b)(1) and, subject to U.S.C.; § 158.13(c), ground support equipment (2) Airport planning eligible under that include low-emission technology subchapter I of chapter 471 of 49 U.S.C.; or use cleaner burning fuels.

(3) Terminal development as de- (c) An eligible project must be ade- scribed in 49 U.S.C. 47110(d); quately justified to qualify for PFC funding.

(4) Airport noise compatibility plan- ning as described in 49 U.S.C. 47505; [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR (5) Noise compatibility measures eli- 37127, Aug. 2, 1991; Amdt. 158–2, 65 FR 34541, gible for Federal assistance under 49 May 30, 2000; Amdt. 158–4, 72 FR 28848, May U.S.C. 47504, without regard to whether 23, 2007] VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00784 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.21 § 158.17 Project eligibility at PFC lev- § 158.19 Requirement for competition els of $4 or $4.50. plans.

(a) Beginning in fiscal year 2001, no (a) A project for any airport is eligi- public agency may impose a PFC with ble for PFC funding at levels of $4 or respect to a covered airport unless the $4.50 if— public agency has submitted a written (1) The project meets the eligibility competition plan. This requirement requirements of § 158.15; does not apply to PFC authority ap- (2) The project costs requested for proved prior to April 5, 2000.

collection at $4 or $4.50 cannot be paid (b) The Administrator will review for from funds reasonably expected to any plan submitted under paragraph be available for the programs referred (a) of this section to ensure that it to in 49 U.S.C. 48103; and meets the requirements of 49 U.S.C.

(3) In the case of a surface transpor- 47106(f) and periodically will review its tation or terminal project, the public implementation to ensure that each agency has made adequate provision covered airport successfully imple- for financing the airside needs of the ments its plan.

airport, including runways, taxiways, [Docket FAA–2000–7402, 65 FR 34541, May 30, aprons, and aircraft gates.

2000] (b) In addition, a project for a me- dium or large airport is only eligible Subpart B—Application and for PFC funding at levels of $4 or $4.50 Approval if the project will make a significant contribution to improving air safety § 158.20 Submission of required docu- and security, increasing competition ments.

among air carriers, reducing current or (a) Letters and reports required by anticipated congestion, or reducing the this part may be transmitted to the ap- impact of aviation noise on people liv- propriate recipient (the public agency, ing near the airport.

air carrier, and/or the FAA) via e-mail, courier, facsimile, or U.S. Postal Serv- [Docket FAA–2000–7402, 65 FR 34541, May 30, ice.

2000] (1) Documents sent electronically to the FAA must be prepared in a format § 158.18 Use of PFC revenue to pay for debt service for non-eligible readable by the FAA. Interested par- projects.

ties can obtain the format at their local FAA Airports Office.

(a) The FAA may authorize a public (2) Any transmission to FAA Head- agency to impose a PFC to make pay- quarters, using regular U.S. Postal ments for debt service on indebtedness Service, is subject to inspection that incurred to carry out at the airport a may result in delay and damage due to project that is not eligible if the FAA the security process.

determines it is necessary because of (b) Once the database development is the financial need of the airport. The completed with air carrier capability, FAA defines financial need in § 158.3.

public agencies and air carriers may (b) A public agency may request au- use the FAA’s national PFC database thority to impose a PFC and use PFC to post their required quarterly re- revenue under this section using the ports, and, in that case, do not have to PFC application procedures in § 158.25.

distribute the reports in any other The public agency must document its way.

financial position and explain its finan- [Docket FAA–2006–23730, 72 FR 28848, May 23, cial recovery plan that uses all avail- 2007] able resources.

(c) The FAA reviews the application § 158.21 General.

using the procedures in § 158.27. The This subpart specifies the consulta- FAA will issue its decision on the pub- tion and application requirements lic agency’s request under § 158.29.

under which a public agency may ob- tain approval to impose a PFC and use [Docket FAA–2006–23730, 72 FR 28848, May 23, 2007] PFC revenue on a project. This subpart VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00785 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.23 also establishes the procedure for the held no sooner than 30 days nor later Administrator’s review and approval of than 45 days after issuance of the writ- applications and amendments and es- ten notice required by paragraph (a) of tablishes requirements for use of excess this section. At or before the meeting, PFC revenue. the public agency shall provide air car- riers and foreign air carriers with— § 158.23 Consultation with air carriers (1) A description of projects; and foreign air carriers.

(2) An explanation of the need for the (a) Notice by public agency. A public projects; and (3) A detailed financial plan for the agency must provide written notice to projects, including— air carriers and foreign air carriers (i) The estimated allowable project having a significant business interest costs allocated to major project ele- at the airport where the PFC is pro- ments; posed. A public agency must provide (ii) The anticipated total amount of this notice before the public agency PFC revenue that will be used to fi- files an application with the FAA for nance the projects; and authority to impose a PFC under (iii) The source and amount of other § 158.25(b). In addition, public agencies funds, if any, needed to finance the must provide this notice before filing projects.

an application with the FAA for au- (c) Requirements of air carriers and for- thority to use PFC revenue under eign air carriers. (1) Within 30 days fol- § 158.25(c). Public agencies must also lowing issuance of the notice required provide this notice before filing a no- by paragraph (a) of this section, each tice of intent to impose and/or use a carrier must provide the public agency PFC under § 158.30. Finally, a public with a written acknowledgement that agency must provide this notice before it received the notice.

filing a request to amend the FAA’s de- (2) Within 30 days following the meet- cision with respect to an approved PFC ing, each carrier must provide the pub- as discussed in § 158.37(b)(1). The notice lic agency with a written certification shall include: of its agreement or disagreement with (1) Descriptions of projects being con- the proposed project. A certification of sidered for funding by PFC’s; disagreement shall contain the reasons (2) The PFC level for each project, for such disagreement. The absence of the proposed charge effective date, the such reasons shall void a certification estimated charge expiration date, and of disagreement.

the estimated total PFC revenue; (3) If a carrier fails to provide the (3) For a request by a public agency public agency with timely acknowl- that any class or classes of carriers not edgement of the notice or timely cer- be required to collect the PFC— tification of agreement or disagree- (i) The designation of each such ment with the proposed project, the class, carrier is considered to have certified (ii) The names of the carriers belong- its agreement.

ing to each such class, to the extent the names are known, [Docket 26385, 56 FR 24278, May 29, 1991, as (iii) The estimated number of pas- amended by Amdt. 158–2, 65 FR 34541, May 30, sengers enplaned annually by each 2000; Amdt. 158–3, 70 FR 14934, Mar. 23, 2005] such class, and § 158.24 Notice and opportunity for (iv) The public agency’s reasons for public comment.

requesting that carriers in each such class not be required to collect the (a)(1) Notice by public agency. A public PFC; and agency must provide written notice (4) Except as provided in § 158.25(c)(2), and an opportunity for public comment the date and location of a meeting at before: which the public agency will present (i) Filing an application with the such projects to air carriers and for- FAA for authority to impose a PFC eign air carriers operating at the air- under § 158.25(b); port. (ii) Filing an application with the (b) Meeting. The meeting required by FAA for authority to use PFC revenue paragraph (a)(4) of this section shall be under § 158.25(c); VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00786 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.25 (iii) Filing a notice of intent to im- file when applying for authority to im- pose and/or use a PFC under § 158.30; pose a PFC and for authority to use and PFC revenue on a project. A public (iv) Filing a request to amend a pre- agency may apply for such authority viously approved PFC as discussed in at any commercial service airport it § 158.37(b)(1).

controls. The public agency must use (2) The notice must allow the public the proposed PFC to finance airport-re- to file comments for at least 30 days, lated projects at that airport or at any but no more than 45 days, after the existing or proposed airport that the date of publication of the notice or public agency controls. A public agen- posting on the public agency’s Web cy may apply for authority to impose a site, as applicable.

PFC before or concurrent with an ap- (b)(1) Notice contents. The notice re- plication to use PFC revenue. If a pub- quired by § 158.24(a) must include: lic agency chooses to apply, it must do (i) A description of the project(s) the so by using FAA Form 5500–1, PFC Ap- public agency is considering for fund- plication (latest edition) and all appli- ing by PFC’s; cable Attachments. The public agency (ii) A brief justification for each must provide the information required project the public agency is consid- under paragraphs (b) or (c), or both, of ering for funding by PFC’s; (iii) The PFC level for each project; this section.

(iv) The estimated total PFC revenue (b) Application for authority to impose the public agency will use for each a PFC. This paragraph sets forth the project; information to be submitted by all pub- (v) The proposed charge effective lic agencies seeking authority to im- date for the application or notice of in- pose a PFC. A separate application tent; shall be submitted for each airport at (vi) The estimated charge expiration which a PFC is to be imposed. The ap- date for the application or notice of in- plication shall be signed by an author- tent; ized official of the public agency, and, (vii) The estimated total PFC rev- unless otherwise authorized by the Ad- enue the public agency will collect for ministrator, must include the fol- the application or notice of intent; and lowing: (viii) The name of and contact infor- (1) The name and address of the pub- mation for the person within the public lic agency.

agency to whom comments should be (2) The name and telephone number sent.

of the official submitting the applica- (2) The public agency must make available a more detailed project jus- tion on behalf of the public agency.

tification or the justification docu- (3) The official name of the airport at ments to the public upon request.

which the PFC is to be imposed.

(c) Distribution of notice. The public (4) The official name of the airport at agency must make the notice available which a project is proposed.

to the public and interested agencies (5) A copy of the airport capital plan through one or more of the following or other documentation of planned im- methods: provements for each airport at which a (1) Publication in local newspapers of PFC financed project is proposed.

general circulation; (6) A description of each project pro- (2) Publication in other local media; posed.

(3) Posting the notice on the public (7) The project justification, includ- agency’s Internet Web site; or ing the extent to which the project (4) Any other method acceptable to achieves one or more of the objectives the Administrator.

set forth in § 158.15(a) and (if a PFC [Docket FAA–2004–17999, 70 FR 14934, Mar. 23, level above $3 is requested) the require- 2005] ments of § 158.17. In addition— § 158.25 Applications.

(i) For any project for terminal de- velopment, including gates and related (a) General. This section specifies the areas, the public agency shall discuss information the public agency must VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00787 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.25 any existing conditions that limit com- under § 158.23 of this part and as revised petition between and among air car- during the consultation.

riers and foreign air carriers at the air- (14) A copy of all comments received port, any initiatives it proposes to fos- as a result of the carrier consultation ter opportunities for enhanced com- and public comment processes.

petition between and among such car- (15) For an application not accom- riers, and the expected results of such panied by a concurrent application for initiatives; or authority to use PFC revenue: (ii) For any terminal development (i) A description of any alternative project at a covered airport, the public methods being considered by the public agency shall submit a competition plan agency to accomplish the objectives of in accordance with § 158.19.

the project; (8) The charge to be imposed for each (ii) A description of alternative uses project.

of the PFC revenue to ensure such rev- (9) The proposed charge effective enue will be used only on eligible date.

projects in the event the proposed (10) The estimated charge expiration project is not ultimately approved for date.

use of PFC revenue; (11) Information on the consultation (iii) A timetable with projected dates with air carriers and foreign air car- for completion of project formulation riers having a significant business in- activities and submission of an applica- terest at the airport and the public tion to use PFC revenue; and comment process, including: (iv) A projected date of project imple- (i) A list of such carriers and those mentation and completion.

notified; (16) A signed statement certifying (ii) A list of carriers that acknowl- that the public agency will comply edged receipt of the notice provided with the assurances set forth in Appen- under § 158.23(a); dix A to this part.

(iii) Lists of carriers that certified (17) Such additional information as agreement and that certified disagree- the Administrator may require.

ment with the project; (c) Application for authority to use PFC (iv) Information on which method revenue. A public agency may use PFC under § 158.24(b) the public agency used revenue only for projects approved to meet the public notice requirement; under this paragraph. This paragraph and sets forth the information that a public (v) A summary of substantive com- agency shall submit, unless otherwise ments by carriers contained in any cer- authorized by the Administrator, when tifications of disagreement with each applying for the authority to use PFC project and disagreements with each revenue to finance specific projects.

project provided by the public, and the (1) An application submitted concur- public agency’s reasons for continuing rently with an application for the au- despite such disagreements.

thority to impose a PFC, must include: (12) If the public agency is also filing (i) The information required under a request under § 158.11— paragraphs (b)(1) through (15) of this (i) The request; section; (ii) A copy of the information pro- (ii) An FAA Form 5500–1, Attachment vided to the carriers under § 158.23(a)(3); G, Airport Layout Plan, Airspace, and (iii) A copy of the carriers’ comments Environmental Findings (latest edi- with respect to such information; tion) providing the following informa- (iv) A list of any class or classes of tion: carriers that would not be required to (A) For projects required to be shown collect a PFC if the request is ap- on an ALP, the ALP depicting the proved; and project has been approved by the FAA (v) The public agency’s reasons for and the date of such approval; submitting the request in the face of opposing comments. (B) All environmental reviews re- (13) A copy of information regarding quired by the National Environmental the financing of the project presented Policy Act (NEPA) of 1969 have been to the carriers and foreign air carriers completed and a copy of the final FAA VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00788 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.27 environmental determination with re- Policy Act (NEPA) of 1969 have been spect to the project has been approved, completed and a copy of the final FAA and the date of such approval, if such environmental determination with re- determination is required; and spect to the project has been approved, (C) The final FAA airspace deter- and the date of such approval, if such determination is required; and mination with respect to the project (C) The final FAA airspace deter- has been completed, and the date of mination with respect to the project such determination, if an airspace has been completed, and the date of study is required.

such determination, if an airspace (iii) The information required by study is required; and §§ 158.25(b)(16) and 158.25(b)(17).

(v) The information required by (2) An application where the author- §§ 158.25(b)(16) and 158.25(b)(17).

ity to impose a PFC has been pre- viously approved: [Docket FAA–2004–17999, 70 FR 14935, Mar. 23, (i) Must not be filed until the public 2005] agency conducts further consultation § 158.27 Review of applications.

with air carriers and foreign air car- riers under § 158.23. However, the meet- (a) General. This section describes the ing required under § 158.23(a)(4) is op- process for review of all applications tional if there are no changes to the filed under § 158.25 of this part.

projects after approval of the impose (b) Determination of completeness.

authority and further opportunity for Within 30 days after receipt of an appli- public comment under § 158.24; and cation by the FAA Airports office, the (ii) Must include a summary of fur- Administrator determines whether the ther air carrier consultation and the application substantially complies public agency’s response to any dis- with the requirements of § 158.25.

agreements submitted under the air (c) Process for substantially complete carrier consultation and public com- application. If the Administrator deter- ment processes conducted under para- mines the application is substantially graph (c)(2)(i) of this section; complete, the following procedures (iii) Must include the following, up- apply: dated and changed where appropriate: (1) The Administrator advises the (A) FAA Form 5500–1 without attach- public agency by letter that its appli- ments except as required below; cation is substantially complete.

(B) For any projects where there (2) The Administrator may opt to have been no changes since the FAA publish a notice in the F EDERAL R EG - approved authority to impose a PFC ISTER advising that the Administrator for those projects, a list of projects in- intends to rule on the application and cluded in this application for use au- inviting public comment, as set forth thority. The FAA will consider the in- in paragraph (e) of this section. If the formation on these projects, filed with Administrator publishes a notice, the the impose authority application, in- Administrator will provide a copy of corporated by reference; and the notice to the public agency.

(C) For any project that has changed (3) If the Administrator publishes a since receiving impose authority, the notice, the public agency— public agency must file an Attachment (i) Shall make available for inspec- B for that project clearly describing tion, upon request, a copy of the appli- the changes to the project. cation, notice, and other documents (iv) An FAA Form 5500–1, Attach- germane to the application, and ment G, Airport Layout Plan, Air- (ii) May publish the notice in a news- space, and Environmental Findings paper of general circulation in the area (latest edition) providing the following where the airport covered by the appli- information: cation is located.

(A) For projects required to be shown (4) After reviewing the application on an ALP, the ALP depicting the and any public comments received project has been approved by the FAA from a F EDERAL R EGISTER notice, the and the date of such approval; Administrator issues a final decision (B) All environmental reviews re- approving or disapproving the applica- quired by the National Environmental tion, in whole or in part, before 120 VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00789 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.29 days after the FAA Airports office re- (5) The due dates for any public com- ceived the application. ments.

(d) Process for applications not substan- (f) Public comments. (1) Interested per- tially complete. If the Administrator de- sons may file comments on the applica- termines an application is not substan- tion within 30 days after publication of tially complete, the following proce- the Administrator’s notice in the F ED - dures apply: ERAL R EGISTER.

(1) The Administrator notifies the (2) Three copies of these comments public agency in writing that its appli- shall be submitted to the FAA Airports cation is not substantially complete. office identified in the F EDERAL R EG - The notification will list the informa- ISTER notice.

tion required to complete the applica- (3) Commenters shall also provide tion. one copy of their comments to the pub- (2) Within 15 days after the Adminis- lic agency.

trator sends such notification, the pub- (4) Comments from air carriers and lic agency shall advise the Adminis- foreign air carriers may be in the same trator in writing whether it intends to form as provided to the public agency supplement its application.

under § 158.23.

(3) If the public agency declines to [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR supplement the application, the Ad- 30867, July 8, 1991, as amended by Amdt. 158– ministrator follows the procedures for 3, 70 FR 14936, Mar. 23, 2005] review of an application set forth in paragraph (c) of this section and issues § 158.29 The Administrator’s decision.

a final decision approving or dis- (a) Authority to impose a PFC. (1) An approving the application, in whole or application to impose a PFC will be ap- in part, no later than 120 days after the proved in whole or in part only after a application was received by the FAA determination that— Airports office.

(i) The amount and duration of the (4) If the public agency supplements PFC will not result in revenue that ex- its application, the original application ceeds amounts necessary to finance the is deemed to be withdrawn for purposes project; of applying the statutory deadline for (ii) The project will achieve the ob- the Administrator’s decision. Upon re- jectives and criteria set forth in § 158.15 ceipt of the supplement, the Adminis- except for those projects approved trator issues a final decision approving under § 158.18.

or disapproving the supplemented ap- (iii) If a PFC level above $3 is being plication, in whole or in part, no later than 120 days after the supplement was approved, the project meets the cri- received by the FAA Airports office. teria set forth in § 158.17; (iv) The collection process, including (e) The Federal Register notice. The F EDERAL R EGISTER notice includes the any request by the public agency not following information: to require a class of carriers to collect PFC’s, is reasonable, not arbitrary, (1) The name of the public agency nondiscriminatory, and otherwise in and the airport at which the PFC is to compliance with the law; be imposed; (2) A brief description of the PFC (v) The public agency has not been project, the level of the proposed PFC, found to be in violation of 49 U.S.C.

the proposed charge effective date, the 47524 and 47526; proposed charge expiration date and (vi) The public agency has not been the total estimated PFC revenue; found to be in violation of 49 U.S.C.

(3) The address and telephone number 47107(b) governing the use of airport of the FAA Airports office at which the revenue; application may be inspected; (vii) If the public agency has not ap- (4) The Administrator’s determina- plied for authority to use PFC revenue, tion on whether the application is sub- a finding that there are alternative stantially complete and any informa- uses of the PFC revenue to ensure that tion required to complete the applica- such revenue will be used on approved tion; and projects; and VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00790 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.30 (viii) If applicable, the public agency (d) The Administrator publishes a has submitted a competition plan in monthly notice of PFC approvals and disapprovals in the F EDERAL R EGISTER .

accordance with § 158.19.

(2) The Administrator notifies the [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR public agency in writing of the decision 30867, July 8, 1991, as amended by Amdt. 158– on the application. The notification 2, 65 FR 34542, May 30, 2000; Amdt. 158–3, 70 FR 14936, Mar. 23, 2005; Amdt. 158–4, 72 FR will list the projects and alternative 28848, May 23, 2007] uses that may qualify for PFC financ- ing under § 158.15, and (if a PFC level § 158.30 PFC Authorization at Non- above $3 is being approved) § 158.17, PFC Hub Airports.

level, total approved PFC revenue in- (a) General. This section specifies the cluding the amounts approved at $3 and procedures a public agency controlling less, $4, and/or $4.50, duration of au- a non-hub airport must follow when no- thority to impose and earliest permis- tifying the FAA of its intent to impose sible charge effective date.

a PFC and to use PFC revenue on a (b) Authority to use PFC revenue on an project under this section. In addition, approved project. (1) An application for this section describes the FAA’s rules authority to use PFC revenue will be for reviewing and acknowledging a no- approved in whole or in part only after tice of intent filed under this section.

a determination that— A public agency may notify the FAA of (i) The amount and duration of the its intent to impose a PFC before or PFC will not result in revenue that ex- concurrent with a notice of intent to ceeds amounts necessary to finance the use PFC revenue. A public agency must project; file a notice of intent in the manner (ii) The project will achieve the ob- and form prescribed by the Adminis- jectives and criteria set forth in § 158.15 trator and must include the informa- except for those projects approved tion required under paragraphs (b), (c), under § 158.18. or both, of this section.

(iii) If a PFC level above $3 is being (b) Notice of intent to impose a PFC.

This paragraph sets forth the informa- approved, the project meets the cri- tion a public agency must file to notify teria set forth in § 158.17; and the FAA of its intent to impose a PFC (iv) All applicable requirements per- under this section. The public agency taining to the ALP for the airport, air- must file a separate notice of intent for space studies for the project, and the each airport at which the public agen- National Environmental Policy Act of cy plans on imposing a PFC. An au- 1969 (NEPA), have been satisfied.

thorized official of the public agency (2) The Administrator notifies the must sign the notice of intent and, un- public agency in writing of the decision less authorized by the Administrator, on the application. The notification must include: will list the approved projects, PFC (1) A completed FAA Form 5500–1, level, total approved PFC revenue, PFC Application (latest edition) with- total approved for collection, including out attachments except as required the amounts approved at $3 and less, $4, below; and/or $4.50, and any limit on the dura- (2) Project information (in the form tion of authority to impose a PFC as and manner prescribed by the FAA) in- prescribed under § 158.33.

cluding the project title, PFC funds (3) Approval to use PFC revenue to fi- sought, PFC level sought, and, if an ex- nance a project shall be construed as isting Airport Improvement Program approval of that project.

(AIP) grant already covers this project, (c) Disapproval of application. (1) If an the grant agreement number.

application is disapproved, the Admin- (3) If an existing AIP grant does not istrator notifies the public agency in cover this project, the notice of intent writing of the decision and the reasons must include the information in para- for the disapproval.

graph (b)(2) of this section as well as (2) A public agency reapplying for ap- the following: proval to impose or use a PFC must (i) Additional information describing comply with §§ 158.23, 158.24, and 158.25. the proposed schedule for the project, VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00791 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.30 (ii) A description of how this project and the public agency’s response to any meets one of the PFC objectives in disagreements or negative comments; § 158.15(a), and and (iii) A description of how this project (iii) Include any updated and changed meets the adequate justification re- information: quirement in § 158.15(c).

(A) Required by paragraphs (b)(1), (2), (4) A copy of any comments received (5), (6), and (7) of this section; and by the public agency during the air (B) Required by paragraph (c)(1)(ii) of carrier consultation and public com- this section.

ment processes (§§ 158.23 and 158.24) and (d) FAA review of notices of intent. (1) the public agency’s response to any dis- The FAA will review the notice of in- agreements.

tent to determine that: (5) If applicable, a request to exclude (A) The amount and duration of the a class of carriers from the require- PFC will not result in revenue that ex- ment to collect the PFC (§ 158.11).

ceeds the amount necessary to finance (6) A signed statement certifying the project(s); that the public agency will comply with the assurances set forth in Appen- (B) Each proposed project meets the dix A to this part. requirements of § 158.15; (7) Any additional information the (C) Each project proposed at a PFC Administrator may require.

level above $3.00 meets the require- (c) Notice of intent to use PFC revenue.

ments of § 158.17(a)(2) and (3); A public agency may use PFC revenue (D) All applicable airport layout only for projects included in notices plan, airspace, and environmental re- filed under this paragraph or approved quirements have been met for each under § 158.29. This paragraph sets forth project; the information that a public agency (E) Any request by the public agency must file, unless otherwise authorized to exclude a class of carriers from the by the Administrator, in its notice of requirement to collect the PFC is rea- intent to use PFC revenue to finance sonable, not arbitrary, nondiscrim- specific projects under this section.

inatory, and otherwise complies with (1) A notice of intent to use PFC rev- the law; and enue filed concurrently with a notice of (F) The consultation and public com- intent to impose a PFC must include: ment processes complied with §§ 158.23 (i) The information required under and 158.24.

paragraphs (b)(1) through (7) of this section; (2) The FAA will also make a deter- (ii) A completed FAA Form 5500–1, mination regarding the public agency’s Attachment G, Airport Layout Plan, compliance with 49 U.S.C. 47524 and Airspace, and Environmental Findings 47526 governing airport noise and ac- (latest edition) for all projects not in- cess restrictions and 49 U.S.C. 47107(b) cluded in an existing Federal airport governing the use of airport revenue.

program grant.

Finally, the FAA will review all com- (2) A notice of intent to use PFC rev- ments filed during the air carrier con- enue where the FAA has previously ac- sultation and public comment proc- knowledged a notice of intent to im- esses.

pose a PFC must: (e) FAA acknowledgment of notices of (i) Be preceded by further consulta- intent. Within 30 days of receipt of the tion with air carriers and the oppor- public agency’s notice of intent about tunity for public comment under its PFC program, the FAA will issue a §§ 158.23 and 158.24 of this part. How- written acknowledgment of the public ever, a meeting with the air carriers is agency’s notice. The FAA’s acknowl- optional if all information is the same edgment may concur with all proposed as that provided with the impose au- projects, may object to some or all pro- thority notice; posed projects, or may object to the no- (ii) Include a copy of any comments tice of intent in its entirety. The received by the public agency during FAA’s acknowledgment will include the air carrier consultation and public comment processes (§§ 158.23 and 158.24) the reason(s) for any objection(s).

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00792 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.33 (f) Public agency actions following (1) 2 years after approval to use PFC issuance of FAA acknowledgment let- revenue on an approved project if the ter. If the FAA does not object to ei- project has not been implemented, or ther a project or the notice of intent in (2) 5 years after the charge effective its entirety, the public agency may im- date; or plement its PFC program. The public (3) 5 years after the FAA’s decision agency’s implementation must follow on the application (if the charge effec- the information specified in its notice tive date is more than 60 days after the of intent. If the FAA objects to a decision date) if an approved project is project, the public agency may not col- not implemented.

lect or use PFC revenue on that (b) If, in the Administrator’s judg- project. If the FAA objects to the no- ment, the public agency has not made tice of intent in its entirety, the public sufficient progress toward implementa- agency may not implement the PFC tion of an approved project within the program proposed in that notice. When times specified in paragraph (a) of this implementing a PFC under this sec- section, the Administrator begins ter- tion, except for § 158.25, a public agency mination proceedings under subpart E must comply with all sections of part of this part.

158.

(c) The authority to impose a PFC (g) Acknowledgment not an order. An following approval shall automatically FAA acknowledgment issued under expire without further action by the this section is not considered an order Administrator on the following dates: issued by the Secretary for purposes of (1) 3 years after the charge effective 49 U.S.C. 46110 (Judicial Review).

date; or 3 years after the FAA’s deci- (h) Sunset provision. This section will sion on the application if the charge ef- expire May 9, 2008.

fective date is more than 60 days after the decision date unless— [Docket FAA–2004–17999, 70 FR 14936, Mar. 23, (i) The public agency has filed an ap- 2005] plication for approval to use PFC rev- § 158.31 Duration of authority to im- enue for an eligible project that is pose a PFC after project implemen- pending before the FAA; tation.

(ii) An application to use PFC rev- A public agency that has begun im- enue has been approved; or plementing an approved project may (iii) A request for extension (not to impose a PFC until— exceed 2 years) to submit an applica- (a) The charge expiration date is tion for project approval, under § 158.35, reached; has been granted; or (b) The total PFC revenue collected (2) 5 years after the charge effective plus interest earned thereon equals the date; or 5 years after the FAA’s deci- allowable cost of the approved project; sion on the application (if the charge (c) The authority to collect the PFC effective date is more than 60 days is terminated by the Administrator after the decision date) unless the pub- under subpart E of this part; or lic agency has obtained project ap- (d) The public agency is determined proval.

by the Administrator to be in violation (d) If the authority to impose a PFC of 49 U.S.C. 47524 and 47526, and the au- expires under paragraph (c) of this sec- thority to collect the PFC is termi- tion, the public agency must provide nated under that statute’s imple- the FAA with a list of the air carriers menting regulations under this title. and foreign air carriers operating at the airport and all other collecting car- [Docket 26385, 56 FR 24278, May 29, 1991, as riers that have remitted PFC revenue amended by Amdt. 158–2, 65 FR 34542, May 30, to the public agency in the preceding 12 2000; Amdt. 158–4, 72 FR 28849, May 23, 2007] months. The FAA notifies each of the § 158.33 Duration of authority to im- listed carriers to terminate PFC collec- pose a PFC before project imple- tion no later than 30 days after the mentation.

date of notification by the FAA.

(a) A public agency shall not impose (e) Restriction on reauthorization to a PFC beyond the lesser of the fol- impose a PFC. Whenever the authority lowing— to impose a PFC has expired or been VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00793 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.35 terminated under this section, the Ad- (d) The Administrator, upon deter- ministrator will not grant new ap- mining that the agency has shown good proval to impose a PFC in advance of cause for the delay and that other ele- implementation of an approved project. ments of the request are satisfactory, grants the request for extension to the [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR public agency. The Administrator ad- 37127, Aug. 2, 1991; Amdt. 158–4, 72 FR 28849, vises the public agency in writing not May 23, 2007] more than 90 days after receipt of the § 158.35 Extension of time to submit request. The duration of the extension application to use PFC revenue.

shall be as specified in § 158.33 of this part.

(a) A public agency may request an extension of time to submit an applica- § 158.37 Amendment of approved PFC.

tion to use PFC revenue after approval of an application to impose PFC’s. At (a)(1) A public agency may amend the least 30 days prior to submitting such FAA’s decision with respect to an ap- request, the public agency shall publish proved PFC to: notice of its intention to request an ex- (i) Increase or decrease the level of tension in a local newspaper of general PFC the public agency wants to collect circulation and shall request com- from each passenger, ments. The notice shall include (ii) Increase or decrease the total ap- progress on the project, a revised proved PFC revenue, (iii) Change the scope of an approved schedule for obtaining project approval project, and reasons for the delay in submitting (iv) Delete an approved project, or the application.

(v) Establish a new class of carriers (b) The request shall be submitted at under § 158.11 or amend any such class least 120 days prior to the charge expi- previously approved.

ration date and, unless otherwise au- (2) A public agency may not amend thorized by the Administrator, shall be the FAA’s decision with respect to an accompanied by the following: approved PFC to add projects, change (1) A description of progress on the an approved project to a different facil- project application to date.

ity type, or alter an approved project (2) A revised schedule for submitting to accomplish a different purpose.

the application.

(b) The public agency must file a re- (3) An explanation of the reasons for quest to the Administrator to amend delay in submitting the application.

the FAA’s decision with respect to an (4) A summary financial report de- approved PFC. The request must in- picting the total amount of PFC rev- clude or demonstrate: enue collected plus interest, the pro- (1)(i) Further consultation with the jected amount to be collected during air carriers and foreign air carriers and the period of the requested extension, seek public comment in accordance and any public agency funds used on with §§ 158.23 and 158.24 when applying the project for which reimbursement for those requests to: may be sought.

(5) A summary of any further con- (A) Amend the approved PFC amount sultation with air carriers and foreign for a project by more than 25 percent of air carriers operating at the airport. the original approved amount if the (6) A summary of comments received amount was $1,000,000 or greater, in response to the local notice. (B) Amend the approved PFC amount (c) The Administrator reviews the re- for a project by any percentage if the quest for extension and accompanying original approved amount was below information, to determine whether— $1,000,000 and the amended approved (1) The public agency has shown good amount is $1,000,000 or greater, cause for the delay in applying for (C) Change the scope of a project, or project approval; (D) Increase the PFC level to be col- (2) The revised schedule is satisfac- lected from each passenger.

tory; and (ii) No further consultation with air (3) Further collection will not result carriers and foreign air carriers or pub- in excessive accumulation of PFC rev- lic comment is required by a public enue. agency in accordance with §§ 158.23 and VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00794 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.39 158.24 when applying for an amendment amendment request and notify the pub- in the following situations: lic agency of the decision within 30 (A) To institute a decrease in the days of receipt of the request. If a PFC level of PFC to be collected from each level of more than $3.00 is approved, passenger; the Administrator must find the (B) To institute a decrease in the project meets the requirements of total PFC revenue; §§ 158.17 and 158.19, if applicable, before (C) To institute an increase of 25 per- the public agency can implement the cent or less of the original approved new PFC level.

amount if the amount was more than (d) The public agency must notify the $1,000,000; or carriers of any change to the FAA’s de- (D) To institute an increase of any cision with respect to an approved PFC amount if the original approved resulting from an amendment. The ef- amount of the project was less than fective date of any new PFC level must $1,000,000 and if the amended approved be no earlier than the first day of a amount of the project remains below month which is at least 30 days from $1,000,000; or the date the public agency notifies the (E) To establish a new class of car- carriers.

riers under § 158.11 or amend any such [Docket FAA–2004–17999, 70 FR 14937, Mar. 23, class previously approved; or 2005, as amended by Amdt. 158–4, 72 FR 28849, (F) To delete an approved project.

May 23, 2007] (2) A copy of any comments received from the processes in paragraph § 158.39 Use of excess PFC revenue.

(b)(1)(A) of this section for the carrier (a) If the PFC revenue remitted to consultation and the opportunity for the public agency, plus interest earned public comment in accordance with thereon, exceeds the allowable cost of §§ 158.23 and 158.24; the project, the public agency must use (3) The public agency’s reasons for the excess funds for approved projects continuing despite any objections; or to retire outstanding PFC-financed (4) A description of the proposed bonds.

amendment; (b) For bond-financed projects, any (5) Justification, if the amendment excess PFC revenue collected under involves an increase in the PFC debt servicing requirements shall be amount for a project by more than 25 retained by the public agency and used percent of the original approved for approved projects or retirement of amount if that amount is $1,000,000 or outstanding PFC-financed bonds.

greater, an increase in the PFC amount (c) When the authority to impose a by any percentage if the original ap- PFC has expired or has been termi- proved amount was less than $1,000,000 nated, accumulated PFC revenue shall and the amended approved amount is be used for approved projects or retire- $1,000,000 or greater, a change in the ap- ment of outstanding PFC-financed proved project scope, or any increase in bonds.

the approved PFC level to be collected (d) Within 30 days after the authority from each passenger.

to impose a PFC has expired or been (6) A description of how each project terminated, the public agency must meets the requirements of § 158.17(b), present a plan to the appropriate FAA for each project proposed for an in- Airports office to begin using accumu- crease of the PFC level above $3.00 at a lated PFC revenue. The plan must in- medium or large hub airport; clude a timetable for submitting any (7) A signed statement certifying necessary application under this part.

that the public agency has met the If the public agency fails to submit requiements of § 158.19, if applicable, such a plan, or if the plan is not ac- for any amendment proposing to in- ceptable to the Administrator, the Ad- crease the PFC level above $3.00 at a ministrator may reduce Federal air- medium or large hub airport; and port grant program apportioned funds.

(8) Any other information the Admin- istrator may require.

[Docket 26385, 56 FR 24278, May 29, 1991, as (c) The Administrator will approve, amended by Amdt. 158–4, 72 FR 28849, May 23, partially approve or disapprove the 2007] VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00795 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.41 vided in paragraphs (c) and (d) of this Subpart C—Collection, Handling, section.

and Remittance of PFC’s (1) Issuing carriers shall be respon- § 158.41 General.

sible for all funds from time of collec- tion to remittance.

This subpart contains the require- (2) The appropriate charge is the PFC ments for notification, collection, han- in effect at the time the ticket is dling and remittance of PFC’s.

issued.

§ 158.43 Public agency notification to (3) Issuing carriers and their agents collect PFC’s.

shall collect PFCs based on the (a) Following approval of an applica- itinerary at the time of issuance.

tion to impose a PFC under subpart B (i) Any change in itinerary initiated of this part, the public agency shall no- by a passenger that requires an adjust- tify the air carriers and foreign air car- ment to the amount paid by the pas- riers required to collect PFC’s at its senger is subject to collection or refund airport of the Administrator’s ap- of the PFC as appropriate.

proval. Each notified carrier shall no- (ii) Failure to travel on a nonrefund- tify its agents, including other issuing able or expired ticket is not a change carriers, of the collection requirement.

in itinerary. If the ticket purchaser is (b) The notification shall be in writ- not permitted any fare refund on the ing and contain at a minimum the fol- unused ticket, the ticket purchaser is lowing information: not permitted a refund of any PFC as- (1) The level of PFC to be imposed.

sociated with that ticket.

(2) The total revenue to be collected.

(b) Issuing carriers and their agents (3) The charge effective date will al- shall note as a separate item on each ways be the first day of the month; air travel ticket upon which a PFC is however, it must be at least 30 days shown, the total amount of PFC’s paid after the date the public agency noti- by the passenger and the airports for fied the air carriers of the FAA’s ap- which the PFC’s are collected.

proval to impose the PFC.

(c) For each one-way trip shown on (4) The proposed charge expiration date. the complete itinerary of an air travel (5) A copy of the Administrator’s no- ticket, issuing air carriers and their tice of approval.

agents shall collect a PFC from a pas- (6) The address where remittances senger only for the first two airports and reports are to be filed by carriers.

where PFC’s are imposed. For each (c) The public agency must notify air round trip, a PFC shall be collected carriers required to collect PFCs at its only for enplanements at the first two airport and the FAA of changes in the enplaning airports and the last two en- charge expiration date at least 30 days planing airports where PFC’s are im- before the existing charge expiration posed.

date or new charge expiration date, (d) In addition to the restriction in whichever comes first. Each notified paragraph (c) of this section, issuing air carrier must notify its agents, in- carriers and their agents shall not col- cluding other issuing carriers, of such lect PFC’s from a passenger covered by changes.

any of the other limitations described (d) The public agency shall provide a in § 158.9(a).

copy of the notification to the appro- (e) Collected PFC’s shall be distrib- priate FAA Airports office.

uted as noted on the air travel ticket.

[Docket 26385, 56 FR 24278, May 29, 1991, as (f) Issuing carriers and their agents amended by Amdt. 158–4, 72 FR 28849, May 23, shall stop collecting the PFC’s on the 2007] charge expiration date stated in a no- tice from the public agency, or as re- § 158.45 Collection of PFC’s on tickets issued in the U.S. quired by the Administrator.

(a) On and after the charge effective [Docket 26385, 56 FR 24278, May 29, 1991, as date, tickets issued in the U.S. shall in- amended by Amdt. 158–2, 65 FR 34542, May 30, clude the required PFC except as pro- 2000; Amdt. 158–4, 72 FR 28849, May 23, 2007] VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00796 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.49 (1) The carrier and its agents shall § 158.47 Collection of PFC’s on tickets issued outside the U.S. collect the required PFC on tickets issued on or after the charge effective (a) For tickets issued outside the date.

U.S., an air carrier or foreign air car- (2) The carrier is not required to col- rier may follow the requirements of ei- lect PFC’s at the time of enplanement ther § 158.45 or this section, unless the for tickets sold by other air carriers or itinerary is for travel wholly within foreign air carriers or their agents.

the U.S. Air carriers and foreign air (e) With respect to a flight on which carriers must comply with § 158.45 the air carrier or foreign air carrier where the itinerary is for travel wholly chooses to collect the PFC at the time within the U.S. regardless of where the of enplanement, the carrier shall exam- ticket is issued.

ine the air travel ticket of each pas- (b) Notwithstanding any other provi- senger enplaning at the airport on and sions of this part, no foreign airline is after the charge effective date and required to collect a PFC on air travel shall collect the PFC from any pas- tickets issued on its own ticket stock senger whose air travel ticket does not unless it serves a point or points in the include a written record indicating U.S.

that the PFC was collected at the time (c) If an air carrier or foreign air car- of issuance.

rier elects not to comply with § 158.45 (f) Collected PFC’s shall be distrib- for tickets issued outside the U.S.— uted as noted on the written record (1) The carrier is required to collect provided to the passenger.

PFC’s on such tickets only for the pub- (g) Collecting carriers shall be re- lic agency controlling the last airport sponsible for all funds from time of col- at which the passenger is enplaned lection to remittance.

prior to departure from the U.S.

(h) Collecting carriers and their (2) The carrier may collect the PFC agents shall stop collecting the PFC on either at the time the ticket is issued the charge expiration date stated in a or at the time the passenger is last en- notice from the public agency, or as re- planed prior to departure from the U.S.

quired by the Administrator.

The carrier may vary the method of [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR collection among its flights.

37127, Aug. 2, 1991; Amdt. 158–4, 72 FR 28849, (3) The carrier shall provide a written May 23, 2007] record to the passenger that a PFC has § 158.49 Handling of PFC’s.

been collected. Such a record shall ap- pear on or with the air travel ticket (a) Collecting carriers shall establish and shall include the same information and maintain a financial management as required by § 158.45(b), but need not system to account for PFC’s in accord- be preprinted on the ticket stock.

ance with the Department of Transpor- (4) Issuing carriers and their agents tation’s Uniform System of Accounts shall collect PFCs based on the and Reports (14 CFR part 241). For car- itinerary at the time of issuance.

riers not subject to 14 CFR part 241, (i) Any change in itinerary initiated such carriers shall establish and main- by a passenger that requires an adjust- tain an accounts payable system to ment to the amount paid by the pas- handle PFC revenue with subaccounts senger is subject to collection or refund for each public agency to which such of the PFC as appropriate.

carrier remits PFC revenue.

(ii) Failure to travel on a nonrefund- (b) Collecting carriers must account able or expired ticket is not a change for PFC revenue separately. PFC rev- in itinerary. If the ticket purchaser is enue may be commingled with the air not permitted any fare refund on the carrier’s other sources of revenue ex- unused ticket, the ticket purchaser is cept for covered air carriers discussed not permitted a refund of any PFC as- in paragraph (c) of this section. PFC sociated with that ticket.

revenues held by an air carrier or an (d) With respect to a flight on which agent of the air carrier after collection the air carrier or foreign air carrier are held in trust for the beneficial in- chooses to collect the PFC at the time terest of the public agency imposing the air travel ticket is issued— the PFC. Such air carrier or agent VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00797 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.49 holds neither legal nor equitable inter- fund after all PFC remittances are est in the PFC revenues except for any made, that balance will be returned to handling fee or interest collected on the covered air carrier’s general ac- unremitted proceeds as authorized in count.

§ 158.53. (B) In the event a covered air carrier (c)(1) A covered air carrier must seg- emerges from bankruptcy protection regate PFC revenue in a designated and ceases to be a covered air carrier, separate PFC account. Regardless of any balance remaining in the PFC re- the amount of PFC revenue in the cov- serve fund after any outstanding PFC ered air carrier’s account at the time obligations are met will be returned to the bankruptcy petition is filed, the the air carrier’s general account.

covered air carrier must deposit into (v) If the covered air carrier uses an the separate PFC account an amount estimate rather than the daily PFC equal to the average monthly liability amount, the covered air carrier shall for PFCs collected under this section reconcile the estimated amount with by such air carrier or any of its agents. the actual amount of PFCs collected (i) The covered air carrier is required for the prior month (Actual Monthly to create one PFC account to cover all PFCs). This reconciliation must take PFC revenue it collects. The des- place no later than the 20th day of the ignated PFC account is solely for PFC month (or the next business day if the transactions and the covered air car- date is not a business day). In the rier must make all PFC transactions event the Actual Monthly PFCs are from that PFC account. The covered greater than the aggregate estimated air carrier is not required to create PFC amount, the covered air carrier separate PFC accounts for each airport will, within one business day of the where a PFC is imposed. reconciliation, deposit the difference (ii) The covered air carrier must into the PFC account. If the Actual transfer PFCs from its general ac- Monthly PFCs are less than the aggre- counts into the separate PFC account gate estimated PFC amount, the cov- in an amount equal to the average ered air carrier will be entitled to a monthly liability for PFCs as the ‘‘PFC credit in the amount of the difference reserve.’’ The PFC reserve must equal to be applied to the daily PFC amount a one-month average of the sum of the due.

total PFCs collected by the covered air (vi) The covered air carrier is per- carrier, net of any credits or handling mitted to recalculate and reset the fees allowed by law, during the past 12- PFC reserve and daily PFC amount on month period of PFC collections imme- each successive anniversary date of its diately before entering bankruptcy. bankruptcy petition using the method- (iii) The minimum PFC reserve bal- ology described above.

ance must never fall below the fixed (2) If a covered air carrier or its amount defined in paragraph (c)(1)(ii) agent fails to segregate PFC revenue in of this section. violation of paragraph (c)(1) of this sec- (iv) A covered air carrier may con- tion, the trust fund status of such rev- tinue to deposit the PFCs it collects enue shall not be defeated by an inabil- into its general operating accounts ity of any party to identify and trace combined with ticket sales revenue. the precise funds in the accounts of the However, at least once every business air carrier.

day, the covered air carrier must re- (3) A covered air carrier and its move all PFC revenue (Daily PFC agents may not grant to any third amount) from those accounts and party any security or other interest in transfer it to the new PFC account. An PFC revenue.

estimate based on ⁄ 30 of the PFC re- (4) A covered air carrier that fails to serve balance is permitted in substi- comply with any requirement of para- tution of the Daily PFC amount. graph (c) of this section, or causes an (A) In the event a covered air carrier eligible public agency to spend funds to ceases operations while still owing PFC recover or retain payment of PFC rev- remittances, the PFC reserve fund may enue, must compensate that public be used to make those remittances. If agency for those cost incurred to re- there is any balance in the PFC reserve cover the PFCs owed.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00798 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.63 (5) The provisions of paragraph (b) of (iii) PFC disclosure fees; this section that allow the commin- (iv) Reservations costs; gling of PFCs with other air carrier (v) Passenger service costs; revenue do not apply to a covered air (vi) Revenue accounting, data entry, carrier. accounts payable, tax, and legal fees; (d) All collecting air carriers must (vii) Corporate property department disclose the existence and amount of costs; PFC funds regarded as trust funds in (viii) Training for reservations their financial statements.

agents, ticket agents, and other de- partments; [Docket 26385, 56 FR 24278, May 29, 1991, as (ix) Ongoing carrier information sys- amended by Amdt. 158–2, 65 FR 34542, May 30, 2000; Amdt. 158–4, 72 FR 28850, May 23, 2007] tems costs; (x) Ongoing computer reservations § 158.51 Remittance of PFC’s.

systems costs; and Passenger facility charges collected (xi) Airline Reporting Corporation by carriers shall be remitted to the fees.

public agency on a monthly basis. PFC (2) The FAA may determine a new revenue recorded in the accounting compensation level based on an anal- system of the carrier, as set forth in ysis of the data provided under para- § 158.49 of this part, shall be remitted to graph (c)(1) of this section, if the data the public agency no later than the is submitted by carriers representing last day of the following calendar at least 75 percent of PFCs collected month (or if that date falls on a week- nationwide.

end or holiday, the first business day (3) Any new compensation level de- thereafter). termined by the FAA under paragraph (c)(2) of this section will replace the § 158.53 Collection compensation.

level identified in paragraph (a)(1) of (a) As compensation for collecting, this section.

handling, and remitting the PFC rev- [Docket FAA–2006–23730, 72 FR 28850, May 23, enue, the collecting air carrier is enti- 2007; Amdt. 158–4, 72 FR 31714, June 8, 2007] tled to: (1) $0.11 of each PFC collected.

Subpart D—Reporting, (2) Any interest or other investment Recordkeeping and Audits return earned on PFC revenue between the time of collection and remittance § 158.61 General.

to the public agency.

This subpart contains the require- (b) A covered air carrier that fails to ments for reporting, recordkeeping and designate a separate PFC account is auditing of accounts maintained by prohibited from collecting interest on collecting carriers and by public agen- the PFC revenue. Where a covered air cies.

carrier maintains a separate PFC ac- count in compliance with § 158.49(c), it § 158.63 Reporting requirements: Pub- will receive the interest on PFC ac- lic agency.

counts as described in paragraph (a)(2) (a) The public agency must provide of this section.

(c)(1) Collecting air carriers may pro- quarterly reports to air carriers col- vide collection cost data periodically lecting PFCs for the public agency to the FAA after the agency issues a with a copy to the appropriate FAA notice in the F EDERAL R EGISTER that Airports Office. The quarterly report specifies the information and deadline must include: for filing the information. Submission (1) Actual PFC revenue received from of the information is voluntary. The collecting air carriers, interest earned, requested information must include and project expenditures for the quar- data on interest earned by the air car- ter; riers on PFC revenue and air carrier (2) Cumulative actual PFC revenue collection, handling, and remittance received, interest earned, project ex- costs in the following categories: penditures, and the amount committed (i) Credit card fees; for use on currently approved projects, (ii) Audit fees; including the quarter; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00799 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.65 (3) The PFC level for each project; (iii) The total funds disbursed during and the month, and (4) Each project’s current schedule. (iv) The closing balance in the ac- count.

(b) The report shall be provided on or before the last day of the calendar [Docket FAA–2006–23730, 72 FR 28851, May 23, month following the calendar quarter 2007] or other period agreed by the public § 158.67 Recordkeeping and auditing: agency and collecting carrier.

Public agency.

(c) For medium and large hub air- ports, the public agency must provide (a) Each public agency shall keep any to the FAA, by July 1 of each year, an unliquidated PFC revenue remitted to estimate of PFC revenue to be col- it by collecting carriers on deposit in lected for each airport in the following an interest bearing account or in other fiscal year. interest bearing instruments used by the public agency’s airport capital [Docket 26385, 56 FR 24278, May 29, 1991, as fund. Interest earned on such PFC rev- amended by Amdt. 158–2, 65 FR 34542, May 30, enue shall be used, in addition to the 2000; Amdt. 158–4, 72 FR 28851, May 23, 2007] principal, to pay the allowable costs of PFC-funded projects. PFC revenue may § 158.65 Reporting requirements: Col- lecting air carriers. only be commingled with other public agency airport capital funds in deposits (a) Each air carrier collecting PFCs or interest bearing instruments.

for a public agency must provide quar- (b) Each public agency shall establish terly reports to the public agency un- and maintain for each approved appli- less otherwise agreed by the collecting cation a separate accounting record.

air carrier and public agency, providing The accounting record shall identify an accounting of funds collected and the PFC revenue received from the col- funds remitted.

lecting carriers, interest earned on (1) Unless otherwise agreed by the such revenue, the amounts used on collecting air carrier and public agen- each project, and the amount reserved cy, reports must state: for currently approved projects.

(i) The collecting air carrier and air- (c) At least annually during the pe- port involved, riod the PFC is collected, held or used, (ii) The total PFC revenue collected, each public agency shall provide for an (iii) The total PFC revenue refunded audit of its PFC account. The audit to passengers, shall be performed by an accredited (iv) The collected revenue withheld independent public accountant and for reimbursement of expenses under may be of limited scope. The account- § 158.53, and ant shall express an opinion of the fair- (v) The dates and amounts of each re- ness and reasonableness of the public mittance for the quarter.

agency’s procedures for receiving, hold- (2) The report must be filed by the ing, and using PFC revenue. The ac- last day of the month following the countant shall also express an opinion calendar quarter or other period agreed on whether the quarterly report re- by the collecting carrier and public quired under § 158.63 fairly represents agency for which funds were collected.

the net transactions within the PFC (b) A covered air carrier must provide account. The audit may be— the FAA with: (1) Performed specifically for the (1) A copy of its quarterly report by PFC account; or the established schedule under para- (2) Conducted as part of an audit graph (a) of this section; and under Office of Management and Budg- (2) A monthly PFC account state- et Circular A–133 (the Single Audit Act ment delivered not later than the fifth of 1984, Pub. L. 98–502, and the Single day of the following month. This Audit Act Amendments of 1996, Pub. L.

monthly statement must include: 104–156) provided the auditor specifi- (i) The balance in the account on the cally addresses the PFC.

first day of the month, (3) Upon request, a copy of the audit (ii) The total funds deposited during shall be provided to each collecting the month, carrier that remitted PFC revenue to VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00800 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 158.85 the public agency in the period covered the Administrator, the Secretary of by the audit and to the Administrator. Transportation, or the Comptroller General of the U.S., access to any of its [Docket 26385, 56 FR 24278, May 29, 1991, as books, documents, papers, and records amended by Amdt. 158–4, 72 FR 28851, May 23, pertinent to PFC’s 2007] [Docket 26385, 56 FR 24278, May 29, 1991, as § 158.69 Recordkeeping and auditing: amended by Amdt. 158–2, 65 FR 34543, May 30, Collecting carriers.

2000] (a) Collecting carriers shall establish and maintain for each public agency Subpart E—Termination for which they collect a PFC an ac- counting record of PFC revenue col- § 158.81 General.

lected, remitted, refunded and com- This subpart contains the procedures pensation retained under § 158.53(a) of for termination of PFCs or loss of Fed- this part. The accounting record shall eral airport grant funds for violations identify the airport at which the pas- of this part or 49 U.S.C. 40117. This sub- sengers were enplaned.

part does not address the cir- (b) Each collecting carrier that col- cumstances under which the authority lects more than 50,000 PFC’s annually to collect PFCs may be terminated for shall provide for an audit at least an- violations of 49 U.S.C. 47523 through nually of its PFC account.

47528.

(1) The audit shall be performed by an accredited independent public ac- [Docket FAA–2006–23730, 72 FR 28851, May 23, countant and may be of limited scope.

2007] The accountant shall express an opin- ion on the fairness and reasonableness § 158.83 Informal resolution.

of the carrier’s procedures for col- The Administrator shall undertake lecting, holding, and dispersing PFC informal resolution with the public revenue. The opinion shall also address agency or any other affected party if, whether the quarterly reports required after review under § 158.71, the Admin- under § 158.65 fairly represent the net istrator cannot determine that PFC transactions in the PFC account.

revenue is being used for the approved (2) For the purposes of an audit under projects in accordance with the terms this section, collection is defined as of the Administrator’s approval to im- the point when agents or other inter- pose a PFC for those projects or with 49 mediaries remit PFC revenue to the U.S.C. 40117.

carrier.

(3) Upon request, a copy of the audit [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158–2, 65 FR 34543, May 30, shall be provided to each public agency 2000] for which a PFC is collected.

§ 158.85 Termination of authority to § 158.71 Federal oversight.

impose PFC’s.

(a) The Administrator may periodi- (a) The FAA begins proceedings to cally audit and/or review the use of terminate the public agency’s author- PFC revenue by a public agency. The ity to impose a PFC only if the Admin- purpose of the audit or review is to en- istrator determines that informal reso- sure that the public agency is in com- lution is not successful.

pliance with the requirements of this part and 49 U.S.C. 40117. (b) The Administrator publishes a no- (b) The Administrator may periodi- tice of proposed termination in the cally audit and/or review the collection F EDERAL REGISTER and supplies a copy and remittance by the collecting car- to the public agency. This notice will riers of PFC revenue. The purpose of state the scope of the proposed termi- the audit or review is to ensure col- nation, the basis for the proposed ac- lecting carriers are in compliance with tion and the date for filing written the requirements of this part and 49 comments or objections by all inter- U.S.C. 40117. ested parties. This notice will also (c) Public agencies and carriers shall identify any corrective actions the allow any authorized representative of public agency can take to avoid further VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00801 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 158.87 proceedings. The due date for com- (b) The amount of the reduction ments and corrective action shall be no under paragraph (a) of this section less than 60 days after publication of shall equal the excess collected, or the the notice. amount not used in accordance with (c) If corrective action has not been this part.

taken as prescribed by the Adminis- (c) A reduction under paragraph (a) trator, the FAA holds a public hearing, of this section shall not constitute a and notice is given to the public agen- withholding of approval of a grant ap- cy and published in the F EDERAL R EG- plication or the payment of funds ISTER at least 30 days prior to the hear- under an approved grant within the ing. The hearing will be in a form de- meaning of 49 U.S.C. 47111(d).

termined by the Administrator to be [Docket 26385, 56 FR 24278, May 29, 1991, as appropriate to the circumstances and amended by Amdt. 158–2, 65 FR 34543, May 30, to the matters in dispute.

2000] (d) The Administrator publishes the final decision in the F EDERAL R EG - Subpart F—Reduction in Airport ISTER . Where appropriate, the Adminis- Improvement Program Appor- trator may prescribe corrective action, tionment including any corrective action the public agency may yet take. A copy of § 158.91 General.

the notice is also provided to the public This subpart describes the required agency.

reduction in funds apportioned to a (e) Within 10 days of the date of pub- large or medium hub airport that im- lication of the notice of the Adminis- poses a PFC.

trator’s decision, the public agency shall— § 158.93 Public agencies subject to re- (1) Advise the FAA in writing that it duction.

will complete any corrective action The funds apportioned under 49 prescribed in the decision within 30 U.S.C. 47114 to a public agency for a days; or specific primary commercial service (2) Provide the FAA with a listing of airport that it controls are reduced if— the air carriers and foreign air carriers (a) Such airport enplanes 0.25 percent operating at the airport and all other or more of the total annual issuing carriers that have remitted enplanements in the U.S., and PFC revenue to the public agency in (b) The public agency imposes a PFC the preceding 12 months.

at such airport.

(f) When the Administrator’s decision does not provide for corrective action [Docket 26385, 56 FR 24278, May 29, 1991, as or the public agency fails to complete amended by Amdt. 158–2, 65 FR 34543, May 30, 2000] such action, the FAA provides a copy of the F EDERAL R EGISTER notice to § 158.95 Implementation of reduction.

each air carrier and foreign air carrier identified in paragraph (e) of this sec- (a) A reduction in apportioned funds tion. Such carriers are responsible for will not take effect until the first fis- terminating or modifying PFC collec- cal year following the year in which tion no later than 30 days after the the collection of the PFC is begun and date of notification by the FAA. will be applied in each succeeding fis- cal year in which the public agency im- § 158.87 Loss of Federal airport grant poses the PFC.

funds.

(b) The reduction in apportioned (a) If the Administrator determines funds is calculated at the beginning of that revenue derived from a PFC is ex- each fiscal year and shall be an amount cessive or is not being used as ap- equal to— proved, the Administrator may reduce (1) In the case of a fee of $3 or less, 50 the amount of funds otherwise payable percent of the projected revenues from to the public agency under 49 U.S.C. the fee in the fiscal year but not by 47114. Such a reduction may be made as more than 50 percent of the amount a corrective action under § 158.83 or that otherwise would be apportioned § 158.85 of this part. under this section; and VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00802 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 158, App. A (b) The appropriate airspace finding has (2) In the case of a fee of more than been made; and $3, 75 percent of the projected revenues (c) The FAA Airport Layout Plan with re- from the fee in the fiscal year but not spect to the project has been approved.

by more than 75 percent of the amount 5. Nonexclusivity of contractual agree- that otherwise would be apportioned ments. It will not enter into an exclusive under this section.

long-term lease or use agreement with an air (c) If the projection of PFC revenue carrier or foreign air carrier for projects in a fiscal year is inaccurate, the re- funded by PFC revenue. Such leases or use duction in apportioned funds may be agreements will not preclude the public agency from funding, developing, or assign- increased or decreased in the following ing new capacity at the airport with PFC fiscal year, except that any further re- revenue.

duction shall not cause the total reduc- 6. Carryover provisions. It will not enter tion to exceed 50 percent of such appor- into any lease or use agreement with any air tioned amount as would otherwise be carrier or foreign air carrier for any facility apportioned in any fiscal year.

financed in whole or in part with revenue de- rived from a passenger facility charge if such [Docket 26385, 56 FR 24278, May 29, 1991, as agreement for such facility contains a carry- amended by Amdt. 158–2, 65 FR 34543, May 30, over provision regarding a renewal option 2000] which, upon expiration of the original lease, would operate to automatically extend the term of such agreement with such carrier in preference to any potentially competing air carrier or foreign air carrier seeking to nego- A PPENDIX A TO P ART 158—A SSURANCES tiate a lease or use agreement for such facili- A. General.

ties.

1. These assurances shall be complied with 7. Competitive access. It agrees that any in the conduct of a project funded with pas- lease or use agreements between the public senger facility charge (PFC) revenue.

agency and any air carrier or foreign air car- 2. These assurances are required to be sub- rier for any facility financed in whole or in mitted as part of the application for ap- part with revenue derived from a passenger proval of authority to impose a PFC under facility charge will contain a provision that the provisions of 49 U.S.C. 40117. permits the public agency to terminate the 3. Upon approval by the Administrator of lease or use agreement if— an application, the public agency is respon- (a) The air carrier or foreign air carrier has sible for compliance with these assurances.

an exclusive lease or use agreement for ex- B. Public agency certification. The public isting facilities at such airport; and agency hereby assures and certifies, with re- (b) Any portion of its existing exclusive spect to this project that: use facilities is not fully utilized and is not 1. Responsibility and authority of the pub- made available for use by potentially com- lic agency. It has legal authority to impose peting air carriers or foreign air carriers.

a PFC and to finance and carry out the pro- 8. Rates, fees and charges.

posed project; that a resolution, motion or (a) It will not treat PFC revenue as airport similar action has been duly adopted or revenue for the purpose of establishing a passed as an official act of the public agen- rate, fee or charge pursuant to a contract cy’s governing body authorizing the filing of with an air carrier or foreign air carrier.

the application, including all understandings (b) It will not include in its rate base by and assurances contained therein, and di- means of depreciation, amortization, or any recting and authorizing the person identified other method, that portion of the capital as the official representative of the public costs of a project paid for by PFC revenue for agency to act in connection with the applica- the purpose of establishing a rate, fee or tion.

charge pursuant to a contract with an air 2. Compliance with regulation. It will com- carrier or foreign air carrier.

ply with all provisions of 14 CFR part 158.

(c) Notwithstanding the limitation pro- 3. Compliance with state and local laws vided in subparagraph (b), with respect to a and regulations. It has complied, or will project for terminal development, gates and comply, with all applicable State and local related areas, or a facility occupied or used laws and regulations.

by one or more air carriers or foreign air car- 4. Environmental, airspace and airport lay- riers on an exclusive or preferential basis, out plan requirements. It will not use PFC the rates, fees, and charges payable by such revenue on a project until the FAA has noti- carriers that use such facilities will be no fied the public agency that— less than the rates, fees, and charges paid by (a) Any actions required under the Na- such carriers using similar facilities at the tional Environmental Policy Act of 1969 have airport that were not financed by PFC rev- been completed; enue.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00803 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 161 9. Standards and specifications. It will 161.207 Comment by interested parties.

carry out the project in accordance with 161.209 Requirements for proposal changes.

FAA airport design, construction and equip- 161.211 Optional use of 14 CFR part 150 pro- ment standards and specifications contained cedures.

in advisory circulars current on the date of 161.213 Notification of a decision not to im- project approval. plement a restriction.

10. Recordkeeping and Audit. It will main- tain an accounting record for audit purposes Subpart D—Notice, Review, and Approval for 3 years after physical and financial com- Requirements for Stage 3 Restrictions pletion of the project. All records must sat- 161.301 Scope.

isfy the requirements of 14 CFR part 158 and 161.303 Notice of proposed restrictions.

contain documentary evidence for all items 161.305 Required analysis and conditions for of project costs.

approval of proposed restrictions.

11. Reports. It will submit reports in ac- 161.307 Comment by interested parties.

cordance with the requirements of 14 CFR 161.309 Requirements for proposal changes.

part 158, subpart D, and as the Administrator 161.311 Application procedure for approval may reasonably request.

12. Compliance with 49 U.S.C. 47523 through of proposed restriction.

47528. It understands 49 U.S.C. 47524 and 47526 161.313 Review of application.

require that the authority to impose a PFC 161.315 Receipt of complete application.

be terminated if the Administrator deter- 161.317 Approval or disapproval of proposed mines the public agency has failed to comply restriction.

with those sections of the United States 161.319 Withdrawal or revision of restric- Code or with the implementing regulations tion.

published under the Code. 161.321 Optional use of 14 CFR part 150 pro- cedures.

[Docket 26385, 56 FR 24278, May 29, 1991, as 161.323 Notification of a decision not to im- amended by Amdt. 158–2, 65 FR 34543, May 30, plement a restriction.

2000; Amdt. 158–4, 72 FR 28851, May 23, 2007] 161.325 Availability of data and comments on an implemented restriction.

PART 161—NOTICE AND AP- Subpart E—Reevaluation of Stage 3 PROVAL OF AIRPORT NOISE AND Restrictions ACCESS RESTRICTIONS 161.401 Scope.

Subpart A—General Provisions 161.403 Criteria for reevaluation.

161.405 Request for reevaluation.

Sec.

161.407 Notice of reevaluation.

161.1 Purpose.

161.409 Required analysis by reevaluation 161.3 Applicability.

petitioner.

161.5 Definitions.

161.411 Comment by interested parties.

161.7 Limitations.

161.413 Reevaluation procedure.

161.9 Designation of noise description meth- 161.415 Reevaluation action.

ods.

161.417 Notification of status of restrictions 161.11 Identification of land uses in airport and agreements not meeting conditions- noise study area.

of-approval criteria.

Subpart B—Agreements Subpart F—Failure To Comply With This Part 161.101 Scope.

161.501 Scope.

161.103 Notice of the proposed restriction.

161.503 Informal resolution; notice of appar- 161.105 Requirements for new entrants.

ent violation.

161.107 Implementation of the restriction.

161.505 Notice of proposed termination of 161.109 Notice of termination of restriction airport grant funds and passenger facil- pursuant to an agreement.

ity charges.

161.111 Availability of data and comments on a restriction implemented pursuant to A UTHORITY : 49 U.S.C. 106(g), 47523–47527, an agreement.

47533.

161.113 Effect of agreements; limitation on S OURCE : Docket 26432, 56 FR 48698, Sept. 25, reevaluation.

1991, unless otherwise noted.

Subpart C—Notice Requirements for Stage 2 Restrictions Subpart A—General Provisions 161.201 Scope.

§ 161.1 Purpose.

161.203 Notice of proposed restriction.

This part implements the Airport 161.205 Required analysis of proposed re- striction and alternatives. Noise and Capacity Act of 1990 (49 VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00804 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR