Federal Aviation Administration, DOT

Section 158.30

(ii) A description of how this project
meets one of the PFC objectives in
Section 158.15(a), and
(iii) A description of how this project
meets the adequate justification requirement in Section 158.15(c).
(4) A copy of any comments received
by the public agency during the air
carrier consultation and public comment processes (SectionSection 158.23 and 158.24) and
the public agency-s response to any disagreements.
(5) If applicable, a request to exclude
a class of carriers from the requirement to collect the PFC (Section 158.11).
(6) A signed statement certifying
that the public agency will comply
with the assurances set forth in Appendix A to this part.
(7) Any additional information the
Administrator may require.
(c) Notice of intent to use PFC revenue.
A public agency may use PFC revenue
only for projects included in notices
filed under this paragraph or approved
under Section 158.29. This paragraph sets forth
the information that a public agency
must file, unless otherwise authorized
by the Administrator, in its notice of
intent to use PFC revenue to finance
specific projects under this section.
(1) A notice of intent to use PFC revenue filed concurrently with a notice of
intent to impose a PFC must include:
(i) The information required under
paragraphs (b)(1) through (7) of this
section;
(ii) A completed FAA Form 5500-1,
Attachment G, Airport Layout Plan,
Airspace, and Environmental Findings
(latest edition) for all projects not included in an existing Federal airport
program grant.
(2) A notice of intent to use PFC revenue where the FAA has previously acknowledged a notice of intent to impose a PFC must:
(i) Be preceded by further consultation with air carriers and the opportunity for public comment under
SectionSection 158.23 and 158.24 of this part. However, a meeting with the air carriers is
optional if all information is the same
as that provided with the impose authority notice;
(ii) Include a copy of any comments
received by the public agency during
the air carrier consultation and public
comment processes (SectionSection 158.23 and 158.24)

and the public agency-s response to any
disagreements or negative comments;
and
(iii) Include any updated and changed
information:
(A) Required by paragraphs (b)(1), (2),
(5), (6), and (7) of this section; and
(B) Required by paragraph (c)(1)(ii) of
this section.
(d) FAA review of notices of intent. (1)
The FAA will review the notice of intent to determine that:
(A) The amount and duration of the
PFC will not result in revenue that exceeds the amount necessary to finance
the project(s);
(B) Each proposed project meets the
requirements of Section 158.15;
(C) Each project proposed at a PFC
level above $3.00 meets the requirements of Section 158.17(a)(2) and (3);
(D) All applicable airport layout
plan, airspace, and environmental requirements have been met for each
project;
(E) Any request by the public agency
to exclude a class of carriers from the
requirement to collect the PFC is reasonable, not arbitrary, nondiscriminatory, and otherwise complies with
the law; and
(F) The consultation and public comment processes complied with SectionSection 158.23
and 158.24.
(2) The FAA will also make a determination regarding the public agency-s
compliance with 49 U.S.C. 47524 and
47526 governing airport noise and access restrictions and 49 U.S.C. 47107(b)
governing the use of airport revenue.
Finally, the FAA will review all comments filed during the air carrier consultation and public comment processes.
(e) FAA acknowledgment of notices of
intent. Within 30 days of receipt of the
public agency-s notice of intent about
its PFC program, the FAA will issue a
written acknowledgment of the public
agency-s notice. The FAA-s acknowledgment may concur with all proposed
projects, may object to some or all proposed projects, or may object to the notice of intent in its entirety. The
FAA-s acknowledgment will include
the reason(s) for any objection(s).

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