Federal Aviation Administration, DOT

Section 158.9

aircraft in intrastate, interstate, or
foreign commerce.
PFC means a passenger facility
charge covered by this part imposed by
a public agency on passengers enplaned
at a commercial service airport it controls.
PFC
administrative
support
costs
means the reasonable and necessary
costs of developing a PFC application
or amendment, issuing and maintaining the required PFC records, and performing the required audit of the public agency-s PFC account. These costs
may include reasonable monthly financial account charges and transaction
fees.
Project means airport planning, airport land acquisition or development of
a single project, a multi-phased development program, (including but not
limited to development described in an
airport capital plan) or a new airport
for which PFC financing is sought or
approved under this part.
Public agency means a State or any
agency of one or more States; a municipality or other political subdivision
of a State; an authority created by
Federal, State or local law; a tax-supported organization; an Indian tribe or
pueblo that controls a commercial
service airport; or for the purposes of
this part, a private sponsor of an airport approved to participate in the
Pilot Program on Private Ownership of
Airports.
Round trip means a trip on a complete air travel itinerary which terminates at the origin point.
Significant business interest means an
air carrier or foreign air carrier that:
(1) Had no less than 1.0 percent of
passenger boardings at that airport in
the prior calendar year,
(2) Had at least 25,000 passenger
boardings at the airport in that prior
calendar year, or
(3) Provides scheduled service at that
airport.
State means a State of the United
States, the District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, and Guam.
Unliquidated PFC revenue means revenue received by a public agency from

collecting carriers but not yet used on
approved projects.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-2, 65 FR 34540, May 30,
2000; Amdt. 158-3, 70 FR 14934, Mar. 23, 2005;
Amdt. 158-4, 72 FR 28847, May 23, 2007]

Section 158.5

Authority to impose PFC-s.

Subject to the provisions of this part,
the Administrator may grant authority to a public agency that controls a
commercial service airport to impose a
PFC of $1, $2, $3, $4, or $4.50 on passengers enplaned at such an airport. No
public agency may impose a PFC under
this part unless authorized by the Administrator. No State or political subdivision or agency thereof that is not a
public agency may impose a PFC covered by this part.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-2, 65 FR 34541, May 30,
2000]

Section 158.7

Exclusivity of authority.

(a) A State, political subdivision of a
State, or authority of a State or political subdivision that is not the eligible
public agency may not tax, regulate,
prohibit, or otherwise attempt to control in any manner the imposition or
collection of a PFC or the use of PFC
revenue.
(b) No contract or agreement between an air carrier or foreign air carrier and a public agency may impair
the authority of such public agency to
impose a PFC or use the PFC revenue
in accordance with this part.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-2, 65 FR 34541, May 30,
2000]

Section 158.9

Limitations.

(a) No public agency may impose a
PFC on any passenger - 
(1) For more than 2 boardings on a
one-way trip or in each direction of a
round trip;
(2) On any flight to an eligible point
on an air carrier that receives essential
air service compensation on that route.
The Administrator makes available a
list of carriers and eligible routes determined by the Department of Transportation for which PFC-s may not be
imposed under this section;

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