page-16

769

Federal Aviation Administration, DOT

§ 158.37

terminated under this section, the Ad-
ministrator will not grant new ap-
proval to impose a PFC in advance of
implementation of an approved project.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56
FR 37127, Aug. 2, 1991; Amdt. 158–4, 72 FR
28849, May 23, 2007]

§ 158.35

Extension of time to submit

application to use PFC revenue.

(a) A public agency may request an

extension of time to submit an applica-
tion to use PFC revenue after approval
of an application to impose PFC’s. At
least 30 days prior to submitting such
request, the public agency shall publish
notice of its intention to request an ex-
tension in a local newspaper of general
circulation and shall request com-
ments. The notice shall include
progress on the project, a revised
schedule for obtaining project approval
and reasons for the delay in submitting
the application.

(b) The request shall be submitted at

least 120 days prior to the charge expi-
ration date and, unless otherwise au-
thorized by the Administrator, shall be
accompanied by the following:

(1) A description of progress on the

project application to date.

(2) A revised schedule for submitting

the application.

(3) An explanation of the reasons for

delay in submitting the application.

(4) A summary financial report de-

picting the total amount of PFC rev-
enue collected plus interest, the pro-
jected amount to be collected during
the period of the requested extension,
and any public agency funds used on
the project for which reimbursement
may be sought.

(5) A summary of any further con-

sultation with air carriers and foreign
air carriers operating at the airport.

(6) A summary of comments received

in response to the local notice.

quest for extension and accompanying
information, to determine whether—

(1) The public agency has shown good

cause for the delay in applying for
project approval;

(2) The revised schedule is satisfac-

tory; and

(3) Further collection will not result

in excessive accumulation of PFC rev-
enue.

(d) The Administrator, upon deter-

mining that the agency has shown good
cause for the delay and that other ele-
ments of the request are satisfactory,
grants the request for extension to the
public agency. The Administrator ad-
vises the public agency in writing not
more than 90 days after receipt of the
request. The duration of the extension
shall be as specified in § 158.33 of this
part.

§ 158.37

Amendment of approved PFC.

(a)(1) A public agency may amend the

FAA’s decision with respect to an ap-
proved PFC to:

(i) Increase or decrease the level of

PFC the public agency wants to collect
from each passenger,

(ii) Increase or decrease the total ap-

proved PFC revenue,

(iii) Change the scope of an approved

project,

(iv) Delete an approved project, or
(v) Establish a new class of carriers

under § 158.11 or amend any such class
previously approved.

(2) A public agency may not amend

the FAA’s decision with respect to an
approved PFC to add projects, change
an approved project to a different facil-
ity type, or alter an approved project
to accomplish a different purpose.

(b) The public agency must file a re-

quest to the Administrator to amend
the FAA’s decision with respect to an
approved PFC. The request must in-
clude or demonstrate:

(1)(i) Further consultation with the

air carriers and foreign air carriers and
seek public comment in accordance
with §§ 158.23 and 158.24 when applying
for those requests to:

(A) Amend the approved PFC amount

for a project by more than 25 percent of
the original approved amount if the
amount was $1,000,000 or greater,

(B) Amend the approved PFC amount

for a project by any percentage if the
original approved amount was below
$1,000,000 and the amended approved
amount is $1,000,000 or greater,

lected from each passenger.

(ii) No further consultation with air

carriers and foreign air carriers or pub-
lic comment is required by a public
agency in accordance with §§ 158.23 and

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00779

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048