Section 158.11

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

(3) Who is a nonrevenue passenger or
obtained the ticket for air transportation with a frequent flier award coupon;
(4) On flights, including flight segments, between 2 or more points in Hawaii;
(5) In Alaska aboard an aircraft having a certificated seating capacity of
fewer than 60 passengers; or
(6) Enplaning at an airport if the passenger did not pay for the air transportation
that
resulted
in
the
enplanement due to Department of Defense charter arrangements and payments.
(b) No public agency may require a
foreign airline that does not serve a
point or points in the U.S. to collect a
PFC from a passenger.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-2, 65 FR 34541, May 30,
2000; Amdt. 158-4, 72 FR 28847, May 23, 2007]

Section 158.11 Public agency request not to
require collection of PFC-s by a
class of air carriers or foreign air
carriers or for service to isolated
communities.
(a) Subject to the requirements of
this part, a public agency may request
that collection of PFC-s not be required for - 
(1) Passengers enplaned by any class
of air carrier or foreign air carrier if
the number of passengers enplaned by
the carriers in the class constitutes not
more than one percent of the total
number of passengers enplaned annually at the airport at which the fee is
imposed; or
(2) Passengers enplaned on a flight to
an airport - 
(i) That has fewer than 2,500 passenger boardings each year and receives scheduled passenger service; or
(ii) In a community that has a population of less than 10,000 and is not connected by a land highway or vehicular
way to the land-connected National
Highway System within a State.
(b) The public agency may request
this exclusion authority under paragraph (a)(1) or (a)(2) of this section or
both.
[Doc. No. FAA-2000-7402, 65 FR 34541, May 30,
2000]

Section 158.13 Use of PFC revenue.
PFC revenue, including any interest
earned after such revenue has been remitted to a public agency, may be used
only to finance the allowable costs of
approved projects at any airport the
public agency controls.
(a) Total cost. PFC revenue may be
used to pay all or part of the allowable
cost of an approved project.
(b) PFC administrative support costs.
Public agencies may use PFC revenue
to pay for allowable administrative
support costs. Public agencies must
submit these costs as a separate
project in each PFC application.
(c) Maximum cost for certain low-emission technology projects. If a project involves a vehicle or ground support
equipment using low emission technology eligible under Section 158.15(b), the
FAA will determine the maximum cost
that may be financed by PFC revenue.
The maximum cost for a new vehicle is
the incremental amount between the
purchase price of a new low emission
vehicle and the purchase price of a
standard emission vehicle, or the cost
of converting a standard emission vehicle to a low emission vehicle.
(d) Bond-associated debt service and financing costs. (1) Public agencies may
use PFC revenue to pay debt service
and financing costs incurred for a bond
issued to carry out approved projects.
(2) If the public agency-s bond documents require that PFC revenue be
commingled in the general revenue
stream of the airport and pledged for
the benefit of holders of obligations,
the FAA considers PFC revenue to
have paid the costs covered in
Section 158.13(d)(1) if - 
(i) An amount equal to the part of
the proceeds of the bond issued to
carry out approved projects is used to
pay allowable costs of such projects;
and
(ii) To the extent the PFC revenue
collected in any year exceeds the debt
service and financing costs on such
bonds during that year, an amount
equal to the excess is applied as required by Section 158.39.
(e) Exception providing for the use of
PFC revenue to pay for debt service for
non-eligible projects. The FAA may authorize a public agency under Section 158.18 to
impose a PFC for payments for debt

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