Federal Aviation Administration, DOT

Section 158.37

terminated under this section, the Administrator will not grant new approval 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]

Section 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 application 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 extension in a local newspaper of general
circulation and shall request comments. 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 expiration date and, unless otherwise authorized 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 depicting the total amount of PFC revenue collected plus interest, the projected 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 consultation with air carriers and foreign
air carriers operating at the airport.
(6) A summary of comments received
in response to the local notice.
(c) The Administrator reviews the request 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 satisfactory; and
(3) Further collection will not result
in excessive accumulation of PFC revenue.

(d) The Administrator, upon determining that the agency has shown good
cause for the delay and that other elements of the request are satisfactory,
grants the request for extension to the
public agency. The Administrator advises 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 Section 158.33 of this
part.
Section 158.37 Amendment of approved PFC.
(a)(1) A public agency may amend the
FAA-s decision with respect to an approved 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 approved PFC revenue,
(iii) Change the scope of an approved
project,
(iv) Delete an approved project, or
(v) Establish a new class of carriers
under Section 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 facility type, or alter an approved project
to accomplish a different purpose.
(b) The public agency must file a request to the Administrator to amend
the FAA-s decision with respect to an
approved PFC. The request must include or demonstrate:
(1)(i) Further consultation with the
air carriers and foreign air carriers and
seek public comment in accordance
with SectionSection 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,
(C) Change the scope of a project, or
(D) Increase the PFC level to be collected from each passenger.
(ii) No further consultation with air
carriers and foreign air carriers or public comment is required by a public
agency in accordance with SectionSection 158.23 and

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