Section 158.39

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

158.24 when applying for an amendment
in the following situations:
(A) To institute a decrease in the
level of PFC to be collected from each
passenger;
(B) To institute a decrease in the
total PFC revenue;
(C) To institute an increase of 25 percent or less of the original approved
amount if the amount was more than
$1,000,000; or
(D) To institute an increase of any
amount if the original approved
amount of the project was less than
$1,000,000 and if the amended approved
amount of the project remains below
$1,000,000; or
(E) To establish a new class of carriers under Section 158.11 or amend any such
class previously approved; or
(F) To delete an approved project.
(2) A copy of any comments received
from the processes in paragraph
(b)(1)(A) of this section for the carrier
consultation and the opportunity for
public comment in accordance with
SectionSection 158.23 and 158.24;
(3) The public agency-s reasons for
continuing despite any objections;
(4) A description of the proposed
amendment;
(5) Justification, if the amendment
involves an increase in the PFC
amount for a project by more than 25
percent of the original approved
amount if that amount is $1,000,000 or
greater, an increase in the PFC amount
by any percentage if the original approved amount was less than $1,000,000
and the amended approved amount is
$1,000,000 or greater, a change in the approved project scope, or any increase in
the approved PFC level to be collected
from each passenger.
(6) A description of how each project
meets the requirements of Section 158.17(b),
for each project proposed for an increase of the PFC level above $3.00 at a
medium or large hub airport;
(7) A signed statement certifying
that the public agency has met the
requiements of Section 158.19, if applicable,
for any amendment proposing to increase the PFC level above $3.00 at a
medium or large hub airport; and
(8) Any other information the Administrator may require.
(c) The Administrator will approve,
partially approve or disapprove the

amendment request and notify the public agency of the decision within 30
days of receipt of the request. If a PFC
level of more than $3.00 is approved,
the Administrator must find the
project meets the requirements of
SectionSection 158.17 and 158.19, if applicable, before
the public agency can implement the
new PFC level.
(d) The public agency must notify the
carriers of any change to the FAA-s decision with respect to an approved PFC
resulting from an amendment. The effective date of any new PFC level must
be no earlier than the first day of a
month which is at least 30 days from
the date the public agency notifies the
carriers.
[Doc. No. FAA-2004-17999, 70 FR 14937, Mar.
23, 2005, as amended by Amdt. 158-4, 72 FR
28849, May 23, 2007]

Section 158.39

Use of excess PFC revenue.

(a) If the PFC revenue remitted to
the public agency, plus interest earned
thereon, exceeds the allowable cost of
the project, the public agency must use
the excess funds for approved projects
or to retire outstanding PFC-financed
bonds.
(b) For bond-financed projects, any
excess PFC revenue collected under
debt servicing requirements shall be
retained by the public agency and used
for approved projects or retirement of
outstanding PFC-financed bonds.
(c) When the authority to impose a
PFC has expired or has been terminated, accumulated PFC revenue shall
be used for approved projects or retirement of outstanding PFC-financed
bonds.
(d) Within 30 days after the authority
to impose a PFC has expired or been
terminated, the public agency must
present a plan to the appropriate FAA
Airports office to begin using accumulated PFC revenue. The plan must include a timetable for submitting any
necessary application under this part.
If the public agency fails to submit
such a plan, or if the plan is not acceptable to the Administrator, the Administrator may reduce Federal airport grant program apportioned funds.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-4, 72 FR 28849, May 23,
2007]

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