765
Federal Aviation Administration, DOT
§ 158.29
days after the FAA Airports office re-
ceived the application.
(d)
Process for applications not substan-
tially complete.
If the Administrator de-
termines an application is not substan-
tially complete, the following proce-
dures apply:
(1) The Administrator notifies the
public agency in writing that its appli-
cation is not substantially complete.
The notification will list the informa-
tion required to complete the applica-
tion.
(2) Within 15 days after the Adminis-
trator sends such notification, the pub-
lic agency shall advise the Adminis-
trator in writing whether it intends to
supplement its application.
(3) If the public agency declines to
supplement the application, the Ad-
ministrator follows the procedures for
review of an application set forth in
paragraph (c) of this section and issues
a final decision approving or dis-
approving the application, in whole or
in part, no later than 120 days after the
application was received by the FAA
Airports office.
(4) If the public agency supplements
its application, the original application
is deemed to be withdrawn for purposes
of applying the statutory deadline for
the Administrator’s decision. Upon re-
ceipt of the supplement, the Adminis-
trator issues a final decision approving
or disapproving the supplemented ap-
plication, in whole or in part, no later
than 120 days after the supplement was
received by the FAA Airports office.
(e)
The Federal Register notice.
The
F
EDERAL
R
EGISTER
notice includes the
following information:
(1) The name of the public agency
and the airport at which the PFC is to
be imposed;
(2) A brief description of the PFC
project, the level of the proposed PFC,
the proposed charge effective date, the
proposed charge expiration date and
the total estimated PFC revenue;
(3) The address and telephone number
of the FAA Airports office at which the
application may be inspected;
(4) The Administrator’s determina-
tion on whether the application is sub-
stantially complete and any informa-
tion required to complete the applica-
tion; and
(5) The due dates for any public com-
ments.
(f)
Public comments.
(1) Interested per-
sons may file comments on the applica-
tion within 30 days after publication of
the Administrator’s notice in the F
ED
-
ERAL
R
EGISTER
.
(2) Three copies of these comments
shall be submitted to the FAA Airports
office identified in the F
EDERAL
R
EG
-
ISTER
notice.
(3) Commenters shall also provide
one copy of their comments to the pub-
lic agency.
(4) Comments from air carriers and
foreign air carriers may be in the same
form as provided to the public agency
under § 158.23.
[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56
FR 30867, July 8, 1991, as amended by Amdt.
158–3, 70 FR 14936, Mar. 23, 2005]
§ 158.29
The Administrator’s decision.
(a)
Authority to impose a PFC.
(1) An
application to impose a PFC will be ap-
proved in whole or in part only after a
determination that—
(i) The amount and duration of the
PFC will not result in revenue that ex-
ceeds amounts necessary to finance the
project;
(ii) The project will achieve the ob-
jectives and criteria set forth in § 158.15
except for those projects approved
under § 158.18.
(iii) If a PFC level above $3 is being
approved, the project meets the cri-
teria set forth in § 158.17;
(iv) The collection process, including
any request by the public agency not
to require a class of carriers to collect
PFC’s, is reasonable, not arbitrary,
nondiscriminatory, and otherwise in
compliance with the law;
(v) The public agency has not been
found to be in violation of 49 U.S.C.
47524 and 47526;
(vi) The public agency has not been
found to be in violation of 49 U.S.C.
47107(b) governing the use of airport
revenue;
(vii) If the public agency has not ap-
plied for authority to use PFC revenue,
a finding that there are alternative
uses of the PFC revenue to ensure that
such revenue will be used on approved
projects; and
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