Section 158.30

14 CFR Ch. I (1-1-19 Edition)

(viii) If applicable, the public agency
has submitted a competition plan in
accordance with Section 158.19.
(2) The Administrator notifies the
public agency in writing of the decision
on the application. The notification
will list the projects and alternative
uses that may qualify for PFC financing under Section 158.15, and (if a PFC level
above $3 is being approved) Section 158.17, PFC
level, total approved PFC revenue including the amounts approved at $3 and
less, $4, and/or $4.50, duration of authority to impose and earliest permissible charge effective date.
(b) Authority to use PFC revenue on an
approved project. (1) An application for
authority to use PFC revenue 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; and
(iv) All applicable requirements pertaining to the ALP for the airport, airspace studies for the project, and the
National Environmental Policy Act of
1969 (NEPA), have been satisfied.
(2) The Administrator notifies the
public agency in writing of the decision
on the application. The notification
will list the approved projects, PFC
level, total approved PFC revenue,
total approved for collection, including
the amounts approved at $3 and less, $4,
and/or $4.50, and any limit on the duration of authority to impose a PFC as
prescribed under Section 158.33.
(3) Approval to use PFC revenue to finance a project shall be construed as
approval of that project.
(c) Disapproval of application. (1) If an
application is disapproved, the Administrator notifies the public agency in
writing of the decision and the reasons
for the disapproval.
(2) A public agency reapplying for approval to impose or use a PFC must
comply with SectionSection 158.23, 158.24, and 158.25.

(d) The Administrator publishes a
monthly notice of PFC approvals and
disapprovals in the FEDERAL REGISTER.
[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56
FR 30867, July 8, 1991, as amended by Amdt.
158-2, 65 FR 34542, May 30, 2000; Amdt. 158-3,
70 FR 14936, Mar. 23, 2005; Amdt. 158-4, 72 FR
28848, May 23, 2007]

Section 158.30 PFC Authorization
Hub Airports.

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(a) General. This section specifies the
procedures a public agency controlling
a non-hub airport must follow when notifying the FAA of its intent to impose
a PFC and to use PFC revenue on a
project under this section. In addition,
this section describes the FAA-s rules
for reviewing and acknowledging a notice of intent filed under this section.
A public agency may notify the FAA of
its intent to impose a PFC before or
concurrent with a notice of intent to
use PFC revenue. A public agency must
file a notice of intent in the manner
and form prescribed by the Administrator and must include the information required under paragraphs (b), (c),
or both, of this section.
(b) Notice of intent to impose a PFC.
This paragraph sets forth the information a public agency must file to notify
the FAA of its intent to impose a PFC
under this section. The public agency
must file a separate notice of intent for
each airport at which the public agency plans on imposing a PFC. An authorized official of the public agency
must sign the notice of intent and, unless authorized by the Administrator,
must include:
(1) A completed FAA Form 5500-1,
PFC Application (latest edition) without attachments except as required
below;
(2) Project information (in the form
and manner prescribed by the FAA) including the project title, PFC funds
sought, PFC level sought, and, if an existing Airport Improvement Program
(AIP) grant already covers this project,
the grant agreement number.
(3) If an existing AIP grant does not
cover this project, the notice of intent
must include the information in paragraph (b)(2) of this section as well as
the following:
(i) Additional information describing
the proposed schedule for the project,

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