Federal Aviation Administration, DOT

Section 158.3

imposed by a public agency that controls a commercial service airport.
This part also describes the procedures
for reducing funds to a large or medium hub airport that imposes a PFC.
[Doc. No. FAA-2000-7402, 65 FR 34540, May 30,
2000]

Section 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 intended to be used for airport buildings
or other airport facilities or rights-ofway, together with all airport buildings and facilities located thereon.
Airport capital plan means a capital
improvement program that lists airport-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 generated 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 assistance, or with PFC revenue under this
part, or conveyed to such public agency
under the provisions of any Federal
surplus property program or any provision enacted to authorize the conveyance of Federal property to a public
agency for airport purposes.
Air travel ticket includes all documents, electronic records, boarding
passes, and any other ticketing medium about a passenger-s itinerary necessary 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 incurred 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 include only those costs incurred on or
after November 5, 1990. Costs of terminal development incurred after August 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 allowable.
Approved project means a project for
which the FAA has approved using PFC
revenue under this part. The FAA may
also approve specific projects contained in a single or multi-phased
project or development described in an
airport capital plan separately. This
includes projects acknowledged by the
FAA under Section 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 enhancement 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 collect 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 carrier that files for bankruptcy protection or has an involuntary bankruptcy
proceeding started against it after December 12, 2003. An air carrier that is
currently in compliance with PFC remittance requirements and has an involuntary bankruptcy proceeding commenced against it has 90 days from the

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