Section 158.69

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

the public agency in the period covered
by the audit and to the Administrator.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-4, 72 FR 28851, May 23,
2007]

the Administrator, the Secretary of
Transportation, or the Comptroller
General of the U.S., access to any of its
books, documents, papers, and records
pertinent to PFC-s

Section 158.69 Recordkeeping and auditing:
Collecting carriers.
(a) Collecting carriers shall establish
and maintain for each public agency
for which they collect a PFC an accounting record of PFC revenue collected, remitted, refunded and compensation retained under Section 158.53(a) of
this part. The accounting record shall
identify the airport at which the passengers were enplaned.
(b) Each collecting carrier that collects more than 50,000 PFC-s annually
shall provide for an audit at least annually of its PFC account.
(1) The audit shall be performed by
an accredited independent public accountant and may be of limited scope.
The accountant shall express an opinion on the fairness and reasonableness
of the carrier-s procedures for collecting, holding, and dispersing PFC
revenue. The opinion shall also address
whether the quarterly reports required
under Section 158.65 fairly represent the net
transactions in the PFC account.
(2) For the purposes of an audit under
this section, collection is defined as
the point when agents or other intermediaries remit PFC revenue to the
carrier.
(3) Upon request, a copy of the audit
shall be provided to each public agency
for which a PFC is collected.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-2, 65 FR 34543, May 30,
2000]

Section 158.71 Federal oversight.
(a) The Administrator may periodically audit and/or review the use of
PFC revenue by a public agency. The
purpose of the audit or review is to ensure that the public agency is in compliance with the requirements of this
part and 49 U.S.C. 40117.
(b) The Administrator may periodically audit and/or review the collection
and remittance by the collecting carriers of PFC revenue. The purpose of
the audit or review is to ensure collecting carriers are in compliance with
the requirements of this part and 49
U.S.C. 40117.
(c) Public agencies and carriers shall
allow any authorized representative of

Section 158.85 Termination of authority to
impose PFC-s.

Subpart E - Termination
Section 158.81

General.

This subpart contains the procedures
for termination of PFCs or loss of Federal airport grant funds for violations
of this part or 49 U.S.C. 40117. This subpart does not address the circumstances under which the authority
to collect PFCs may be terminated for
violations of 49 U.S.C. 47523 through
47528.
[Doc. No. FAA-2006-23730, 72 FR 28851, May
23, 2007]

Section 158.83

Informal resolution.

The Administrator shall undertake
informal resolution with the public
agency or any other affected party if,
after review under Section 158.71, the Administrator cannot determine that PFC
revenue is being used for the approved
projects in accordance with the terms
of the Administrator-s approval to impose a PFC for those projects or with 49
U.S.C. 40117.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-2, 65 FR 34543, May 30,
2000]

(a) The FAA begins proceedings to
terminate the public agency-s authority to impose a PFC only if the Administrator determines that informal resolution is not successful.
(b) The Administrator publishes a notice of proposed termination in the
FEDERAL REGISTER and supplies a copy
to the public agency. This notice will
state the scope of the proposed termination, the basis for the proposed action and the date for filing written
comments or objections by all interested parties. This notice will also
identify any corrective actions the
public agency can take to avoid further

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