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14 CFR Ch. I (1–1–19 Edition)

Pt. 158, App. A

(2) In the case of a fee of more than

$3, 75 percent of the projected revenues
from the fee in the fiscal year but not
by more than 75 percent of the amount
that otherwise would be apportioned
under this section.

in a fiscal year is inaccurate, the re-
duction in apportioned funds may be
increased or decreased in the following
fiscal year, except that any further re-
duction shall not cause the total reduc-
tion to exceed 50 percent of such appor-
tioned amount as would otherwise be
apportioned in any fiscal year.

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

PPENDIX

ART

158—A

SSURANCES

General.

1. These assurances shall be complied with

in the conduct of a project funded with pas-
senger facility charge (PFC) revenue.

2. These assurances are required to be sub-

mitted as part of the application for ap-
proval of authority to impose a PFC under
the provisions of 49 U.S.C. 40117.

3. Upon approval by the Administrator of

an application, the public agency is respon-
sible for compliance with these assurances.

Public agency certification.

The public

agency hereby assures and certifies, with re-
spect to this project that:

1. Responsibility and authority of the pub-

lic agency. It has legal authority to impose
a PFC and to finance and carry out the pro-
posed project; that a resolution, motion or
similar action has been duly adopted or
passed as an official act of the public agen-
cy’s governing body authorizing the filing of
the application, including all understandings
and assurances contained therein, and di-
recting and authorizing the person identified
as the official representative of the public
agency to act in connection with the applica-
tion.

2. Compliance with regulation. It will com-

ply with all provisions of 14 CFR part 158.

3. Compliance with state and local laws

and regulations. It has complied, or will
comply, with all applicable State and local
laws and regulations.

4. Environmental, airspace and airport lay-

out plan requirements. It will not use PFC
revenue on a project until the FAA has noti-
fied the public agency that—

(a) Any actions required under the Na-

tional Environmental Policy Act of 1969 have
been completed;

(b) The appropriate airspace finding has

been made; and

spect to the project has been approved.

5. Nonexclusivity of contractual agree-

ments. It will not enter into an exclusive
long-term lease or use agreement with an air
carrier or foreign air carrier for projects
funded by PFC revenue. Such leases or use
agreements will not preclude the public
agency from funding, developing, or assign-
ing new capacity at the airport with PFC
revenue.

6. Carryover provisions. It will not enter

into any lease or use agreement with any air
carrier or foreign air carrier for any facility
financed in whole or in part with revenue de-
rived from a passenger facility charge if such
agreement for such facility contains a carry-
over provision regarding a renewal option
which, upon expiration of the original lease,
would operate to automatically extend the
term of such agreement with such carrier in
preference to any potentially competing air
carrier or foreign air carrier seeking to nego-
tiate a lease or use agreement for such facili-
ties.

7. Competitive access. It agrees that any

lease or use agreements between the public
agency and any air carrier or foreign air car-
rier for any facility financed in whole or in
part with revenue derived from a passenger
facility charge will contain a provision that
permits the public agency to terminate the
lease or use agreement if—

(a) The air carrier or foreign air carrier has

an exclusive lease or use agreement for ex-
isting facilities at such airport; and

(b) Any portion of its existing exclusive

use facilities is not fully utilized and is not
made available for use by potentially com-
peting air carriers or foreign air carriers.

8. Rates, fees and charges.
(a) It will not treat PFC revenue as airport

revenue for the purpose of establishing a
rate, fee or charge pursuant to a contract
with an air carrier or foreign air carrier.

(b) It will not include in its rate base by

means of depreciation, amortization, or any
other method, that portion of the capital
costs of a project paid for by PFC revenue for
the purpose of establishing a rate, fee or
charge pursuant to a contract with an air
carrier or foreign air carrier.

vided in subparagraph (b), with respect to a
project for terminal development, gates and
related areas, or a facility occupied or used
by one or more air carriers or foreign air car-
riers on an exclusive or preferential basis,
the rates, fees, and charges payable by such
carriers that use such facilities will be no
less than the rates, fees, and charges paid by
such carriers using similar facilities at the
airport that were not financed by PFC rev-
enue.

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