755 

Federal Aviation Administration, DOT 

§ 158.3 

imposed by a public agency that con-
trols a commercial service airport. 
This part also describes the procedures 
for reducing funds to a large or me-
dium hub airport that imposes a PFC. 

[Doc. No. FAA–2000–7402, 65 FR 34540, May 30, 
2000] 

§ 158.3

Definitions. 

The following definitions apply in 

this part: 

Airport 

means any area of land or 

water, including any heliport, that is 
used or intended to be used for the 
landing and takeoff of aircraft, and any 
appurtenant areas that are used or in-
tended to be used for airport buildings 
or other airport facilities or rights-of- 
way, together with all airport build-
ings and facilities located thereon. 

Airport capital plan 

means a capital 

improvement program that lists air-
port-related planning, development or 
noise compatibility projects expected 
to be accomplished with anticipated 
available funds. 

Airport layout plan (ALP) 

means a 

plan showing the existing and proposed 
airport facilities and boundaries in a 
form prescribed by the Administrator. 

Airport revenue 

means revenue gen-

erated by a public airport (1) through 
any lease, rent, fee, PFC or other 
charge collected, directly or indirectly, 
in connection with any aeronautical 
activity conducted on an airport that 
it controls; or (2) In connection with 
any activity conducted on airport land 
acquired with Federal financial assist-
ance, or with PFC revenue under this 
part, or conveyed to such public agency 
under the provisions of any Federal 
surplus property program or any provi-
sion enacted to authorize the convey-
ance of Federal property to a public 
agency for airport purposes. 

Air travel ticket 

includes all docu-

ments, electronic records, boarding 
passes, and any other ticketing me-
dium about a passenger’s itinerary nec-
essary to transport a passenger by air, 
including passenger manifests. 

Allowable cost 

means the reasonable 

and necessary costs of carrying out an 
approved project including costs in-
curred prior to and subsequent to the 
approval to impose a PFC, and making 
payments for debt service on bonds and 
other indebtedness incurred to carry 

out such projects. Allowable costs in-
clude only those costs incurred on or 
after November 5, 1990. Costs of ter-
minal development incurred after Au-
gust 1, 1986, at an airport that did not 
have more than .25 percent of the total 
annual passenger boardings in the U.S. 
in the most recent calendar year for 
which data is available and at which 
total passenger boardings declined by 
at least 16 percent between calendar 
year 1989 and calendar year 1997 are al-
lowable. 

Approved project 

means a project for 

which the FAA has approved using PFC 
revenue under this part. The FAA may 
also approve specific projects con-
tained in a single or multi-phased 
project or development described in an 
airport capital plan separately. This 
includes projects acknowledged by the 
FAA under § 158.30 of this part. 

Bond financing costs 

means the costs 

of financing a bond and includes such 
costs as those associated with issuance, 
underwriting discount, original issue 
discount, capitalized interest, debt 
service reserve funds, initial credit en-
hancement costs, and initial trustee 
and paying agent fees. 

Charge effective date 

means the date 

on which carriers are obliged to collect 
a PFC. 

Charge expiration date 

means the date 

on which carriers are to cease to col-
lect a PFC. 

Collecting carrier 

means an issuing 

carrier or other carrier collecting a 
PFC, whether or not such carrier issues 
the air travel ticket. 

Collection 

means the acceptance of 

payment of a PFC from a passenger. 

Commercial service airport 

means a 

public airport that annually enplanes 
2,500 or more passengers and receives 
scheduled passenger service of aircraft. 

Covered air carrier 

means an air car-

rier that files for bankruptcy protec-
tion or has an involuntary bankruptcy 
proceeding started against it after De-
cember 12, 2003. An air carrier that is 
currently in compliance with PFC re-
mittance requirements and has an in-
voluntary bankruptcy proceeding com-
menced against it has 90 days from the 

VerDate Sep<11>2014 

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00765

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048