Federal Aviation Administration, DOT

Section 158.15

service on indebtedness incurred to
carry out an airport project that is not
eligible if the FAA determines that
such use is necessary because of the financial need of the airport.
(f) Combination of PFC revenue and
Federal grant funds. A public agency
may combine PFC revenue and airport
grant funds to carry out an approved
project. These projects are subject to
the record keeping and auditing requirements of this part, as well as the
reporting, record keeping and auditing
requirements imposed by the Airport
and Airway Improvement Act of 1982
(AAIA).
(g) Non-Federal share. Public agencies
may use PFC revenue to meet the nonFederal share of the cost of projects
funded under the Federal airport grant
program or the FAA  - Program to Permit Cost-Sharing of Air Traffic Modernization Projects -  under 49 U.S.C.
44517.
(h) Approval of project following approval to impose a PFC. The public agency may not use PFC revenue or interest earned thereon except on an approved project.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158-4, 72 FR 28847, May 23,
2007]

Section 158.15 Project eligibility at PFC levels of $1, $2, or $3.
(a) To be eligible, a project must - 
(1) Preserve or enhance safety, security, or capacity of the national air
transportation system;
(2) Reduce noise or mitigate noise
impacts resulting from an airport; or
(3) Furnish opportunities for enhanced competition between or among
air carriers.
(b) Eligible projects are any of the
following projects - 
(1) Airport development eligible
under subchapter I of chapter 471 of 49
U.S.C.;
(2) Airport planning eligible under
subchapter I of chapter 471 of 49 U.S.C.;
(3) Terminal development as described in 49 U.S.C. 47110(d);
(4) Airport noise compatibility planning as described in 49 U.S.C. 47505;
(5) Noise compatibility measures eligible for Federal assistance under 49
U.S.C. 47504, without regard to whether

the measures are approved under 49
U.S.C. 47504;
(6) Construction of gates and related
areas at which passengers are enplaned
or deplaned and other areas directly related to the movement of passengers
and baggage in air commerce within
the boundaries of the airport. These
areas do not include restaurants, car
rental and automobile parking facilities, or other concessions. Projects required to enable added air service by an
air carrier with less than 50 percent of
the annual passenger boardings at an
airport have added eligibility. Such
projects may include structural foundations and floor systems, exterior
building walls and load-bearing interior columns or walls, windows, door
and roof systems, building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities next
to the gate;
(7) A project approved under the
FAA-s  - Program to Permit Cost-Sharing of Air Traffic Modernization
Projects -  under 49 U.S.C. 44517; or
(8) If the airport is in an air quality
nonattainment area (as defined by section 171(2) of the Clean Air Act (42
U.S.C. 7501(2)) or a maintenance area
referred to in section 175A of such Act
(42 U.S.C. 7505a), and the project will
result in the airport receiving appropriate emission credits as described in
49 U.S.C. 47139, a project for:
(i) Converting vehicles eligible under
Section 158.15(b)(1) and ground support equipment powered by a diesel or gasoline
engine used at a commercial service
airport to low-emission technology certified or verified by the Environmental
Protection Agency to reduce emissions
or to use cleaner burning conventional
fuels; or
(ii) Acquiring for use at a commercial service airport vehicles eligible
under Section 158.15(b)(1) and, subject to
Section 158.13(c), ground support equipment
that include low-emission technology
or use cleaner burning fuels.
(c) An eligible project must be adequately justified to qualify for PFC
funding.
[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56
FR 37127, Aug. 2, 1991; Amdt. 158-2, 65 FR
34541, May 30, 2000; Amdt. 158-4, 72 FR 28848,
May 23, 2007]

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