Section 158.17

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

Section 158.17 Project eligibility at PFC levels of $4 or $4.50.
(a) A project for any airport is eligible for PFC funding at levels of $4 or
$4.50 if - 
(1) The project meets the eligibility
requirements of Section 158.15;
(2) The project costs requested for
collection at $4 or $4.50 cannot be paid
for from funds reasonably expected to
be available for the programs referred
to in 49 U.S.C. 48103; and
(3) In the case of a surface transportation or terminal project, the public
agency has made adequate provision
for financing the airside needs of the
airport, including runways, taxiways,
aprons, and aircraft gates.
(b) In addition, a project for a medium or large airport is only eligible
for PFC funding at levels of $4 or $4.50
if the project will make a significant
contribution to improving air safety
and security, increasing competition
among air carriers, reducing current or
anticipated congestion, or reducing the
impact of aviation noise on people living near the airport.
[Doc. No. FAA-2000-7402, 65 FR 34541, May 30,
2000]

Section 158.18 Use of PFC revenue to pay for
debt
service
for
non-eligible
projects.
(a) The FAA may authorize a public
agency to impose a PFC to make payments for debt service on indebtedness
incurred to carry out at the airport a
project that is not eligible if the FAA
determines it is necessary because of
the financial need of the airport. The
FAA defines financial need in Section 158.3.
(b) A public agency may request authority to impose a PFC and use PFC
revenue under this section using the
PFC application procedures in Section 158.25.
The public agency must document its
financial position and explain its financial recovery plan that uses all available resources.
(c) The FAA reviews the application
using the procedures in Section 158.27. The
FAA will issue its decision on the public agency-s request under Section 158.29.
[Doc. No. FAA-2006-23730, 72 FR 28848, May
23, 2007]

Section 158.19 Requirement for competition
plans.
(a) Beginning in fiscal year 2001, no
public agency may impose a PFC with
respect to a covered airport unless the
public agency has submitted a written
competition plan. This requirement
does not apply to PFC authority approved prior to April 5, 2000.
(b) The Administrator will review
any plan submitted under paragraph
(a) of this section to ensure that it
meets the requirements of 49 U.S.C.
47106(f) and periodically will review its
implementation to ensure that each
covered airport successfully implements its plan.
[Doc. No. FAA-2000-7402, 65 FR 34541, May 30,
2000]

Subpart B - Application and
Approval
Section 158.20 Submission of required documents.
(a) Letters and reports required by
this part may be transmitted to the appropriate recipient (the public agency,
air carrier, and/or the FAA) via e-mail,
courier, facsimile, or U.S. Postal Service.
(1) Documents sent electronically to
the FAA must be prepared in a format
readable by the FAA. Interested parties can obtain the format at their
local FAA Airports Office.
(2) Any transmission to FAA Headquarters, using regular U.S. Postal
Service, is subject to inspection that
may result in delay and damage due to
the security process.
(b) Once the database development is
completed with air carrier capability,
public agencies and air carriers may
use the FAA-s national PFC database
to post their required quarterly reports, and, in that case, do not have to
distribute the reports in any other
way.
[Doc. No. FAA-2006-23730, 72 FR 28848, May
23, 2007]

Section 158.21 General.
This subpart specifies the consultation and application requirements
under which a public agency may obtain approval to impose a PFC and use
PFC revenue on a project. This subpart

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