Section 158.31

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

(f) Public agency actions following
issuance of FAA acknowledgment letter. If the FAA does not object to either a project or the notice of intent in
its entirety, the public agency may implement its PFC program. The public
agency-s implementation must follow
the information specified in its notice
of intent. If the FAA objects to a
project, the public agency may not collect or use PFC revenue on that
project. If the FAA objects to the notice of intent in its entirety, the public
agency may not implement the PFC
program proposed in that notice. When
implementing a PFC under this section, except for Section 158.25, a public agency
must comply with all sections of part
158.
(g) Acknowledgment not an order. An
FAA acknowledgment issued under
this section is not considered an order
issued by the Secretary for purposes of
49 U.S.C. 46110 (Judicial Review).
(h) Sunset provision. This section will
expire May 9, 2008.
[Doc. No. FAA-2004-17999, 70 FR 14936, Mar.
23, 2005]

Section 158.31 Duration of authority to impose a PFC after project implementation.
A public agency that has begun implementing an approved project may
impose a PFC until - 
(a) The charge expiration date is
reached;
(b) The total PFC revenue collected
plus interest earned thereon equals the
allowable cost of the approved project;
(c) The authority to collect the PFC
is terminated by the Administrator
under subpart E of this part; or
(d) The public agency is determined
by the Administrator to be in violation
of 49 U.S.C. 47524 and 47526, and the authority to collect the PFC is terminated under that statute-s implementing regulations under this title.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-2, 65 FR 34542, May 30,
2000; Amdt. 158-4, 72 FR 28849, May 23, 2007]

Section 158.33 Duration of authority to impose a PFC before project implementation.
(a) A public agency shall not impose
a PFC beyond the lesser of the following - 

(1) 2 years after approval to use PFC
revenue on an approved project if the
project has not been implemented, or
(2) 5 years after the charge effective
date; or
(3) 5 years after the FAA-s decision
on the application (if the charge effective date is more than 60 days after the
decision date) if an approved project is
not implemented.
(b) If, in the Administrator-s judgment, the public agency has not made
sufficient progress toward implementation of an approved project within the
times specified in paragraph (a) of this
section, the Administrator begins termination proceedings under subpart E
of this part.
(c) The authority to impose a PFC
following approval shall automatically
expire without further action by the
Administrator on the following dates:
(1) 3 years after the charge effective
date; or 3 years after the FAA-s decision on the application if the charge effective date is more than 60 days after
the decision date unless - 
(i) The public agency has filed an application for approval to use PFC revenue for an eligible project that is
pending before the FAA;
(ii) An application to use PFC revenue has been approved; or
(iii) A request for extension (not to
exceed 2 years) to submit an application for project approval, under Section 158.35,
has been granted; or
(2) 5 years after the charge effective
date; or 5 years after the FAA-s decision on the application (if the charge
effective date is more than 60 days
after the decision date) unless the public agency has obtained project approval.
(d) If the authority to impose a PFC
expires under paragraph (c) of this section, the public agency must provide
the FAA with a list of the air carriers
and foreign air carriers operating at
the airport and all other collecting carriers that have remitted PFC revenue
to the public agency in the preceding 12
months. The FAA notifies each of the
listed carriers to terminate PFC collection no later than 30 days after the
date of notification by the FAA.
(e) Restriction on reauthorization to
impose a PFC. Whenever the authority
to impose a PFC has expired or been

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