Federal Aviation Administration, DOT

Section 158.95

proceedings. The due date for comments and corrective action shall be no
less than 60 days after publication of
the notice.
(c) If corrective action has not been
taken as prescribed by the Administrator, the FAA holds a public hearing,
and notice is given to the public agency and published in the FEDERAL REGISTER at least 30 days prior to the hearing. The hearing will be in a form determined by the Administrator to be
appropriate to the circumstances and
to the matters in dispute.
(d) The Administrator publishes the
final decision in the FEDERAL REGISTER. Where appropriate, the Administrator may prescribe corrective action,
including any corrective action the
public agency may yet take. A copy of
the notice is also provided to the public
agency.
(e) Within 10 days of the date of publication of the notice of the Administrator-s decision, the public agency
shall - 
(1) Advise the FAA in writing that it
will complete any corrective action
prescribed in the decision within 30
days; or
(2) Provide the FAA with a listing of
the air carriers and foreign air carriers
operating at the airport and all other
issuing carriers that have remitted
PFC revenue to the public agency in
the preceding 12 months.
(f) When the Administrator-s decision
does not provide for corrective action
or the public agency fails to complete
such action, the FAA provides a copy
of the FEDERAL REGISTER notice to
each air carrier and foreign air carrier
identified in paragraph (e) of this section. Such carriers are responsible for
terminating or modifying PFC collection no later than 30 days after the
date of notification by the FAA.
Section 158.87 Loss of Federal airport grant
funds.
(a) If the Administrator determines
that revenue derived from a PFC is excessive or is not being used as approved, the Administrator may reduce
the amount of funds otherwise payable
to the public agency under 49 U.S.C.
47114. Such a reduction may be made as
a corrective action under Section 158.83 or
Section 158.85 of this part.

(b) The amount of the reduction
under paragraph (a) of this section
shall equal the excess collected, or the
amount not used in accordance with
this part.
(c) A reduction under paragraph (a)
of this section shall not constitute a
withholding of approval of a grant application or the payment of funds
under an approved grant within the
meaning of 49 U.S.C. 47111(d).
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-2, 65 FR 34543, May 30,
2000]

Subpart F - Reduction in Airport
Improvement Program Apportionment
Section 158.91 General.
This subpart describes the required
reduction in funds apportioned to a
large or medium hub airport that imposes a PFC.
Section 158.93 Public agencies subject to reduction.
The funds apportioned under 49
U.S.C. 47114 to a public agency for a
specific primary commercial service
airport that it controls are reduced if - 
(a) Such airport enplanes 0.25 percent
or
more
of
the
total
annual
enplanements in the U.S., and
(b) The public agency imposes a PFC
at such airport.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-2, 65 FR 34543, May 30,
2000]

Section 158.95 Implementation of reduction.
(a) A reduction in apportioned funds
will not take effect until the first fiscal year following the year in which
the collection of the PFC is begun and
will be applied in each succeeding fiscal year in which the public agency imposes the PFC.
(b) The reduction in apportioned
funds is calculated at the beginning of
each fiscal year and shall be an amount
equal to - 
(1) In the case of a fee of $3 or less, 50
percent of the projected revenues from
the fee in the fiscal year but not by
more than 50 percent of the amount
that otherwise would be apportioned
under this section; and

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