Federal Aviation Administration, DOT

Section 158.29

days after the FAA Airports office received the application.
(d) Process for applications not substantially complete. If the Administrator determines an application is not substantially complete, the following procedures apply:
(1) The Administrator notifies the
public agency in writing that its application is not substantially complete.
The notification will list the information required to complete the application.
(2) Within 15 days after the Administrator sends such notification, the public agency shall advise the Administrator in writing whether it intends to
supplement its application.
(3) If the public agency declines to
supplement the application, the Administrator follows the procedures for
review of an application set forth in
paragraph (c) of this section and issues
a final decision approving or disapproving 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is deemed to be withdrawn for purposes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 receipt of the supplement, the Administrator issues a final decision approving
or disapproving the supplemented application, 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
FEDERAL REGISTER 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 determination on whether the application is substantially complete and any information required to complete the application; and

(5) The due dates for any public comments.
(f) Public comments. (1) Interested persons may file comments on the application within 30 days after publication of
the Administrator-s notice in the FEDERAL REGISTER.
(2) Three copies of these comments
shall be submitted to the FAA Airports
office identified in the FEDERAL REGISTER notice.
(3) Commenters shall also provide
one copy of their comments to the public agency.
(4) Comments from air carriers and
foreign air carriers may be in the same
form as provided to the public agency
under Section 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]

Section 158.29

The Administrator-s decision.

(a) Authority to impose a PFC. (1) An
application to impose a PFC will be approved in whole or in part only after a
determination that - 
(i) The amount and duration of the
PFC will not result in revenue that exceeds amounts necessary to finance the
project;
(ii) The project will achieve the objectives and criteria set forth in Section 158.15
except for those projects approved
under Section 158.18.
(iii) If a PFC level above $3 is being
approved, the project meets the criteria set forth in Section 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 applied 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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