1、710 14 CFR Ch. I (1111 Edition) 157.9 (1) No objection. (2) Conditional. A conditional deter-mination will identify the objection-able aspects of a project or action and specify the conditions which must be met and sustained to preclude an objec-tionable determination. (3) Objectionable. An objectio
2、nable de-termination will specify the FAAs rea-sons for issuing such a determination. (c) Determination void date. All work or action for which notice is required by this sub-part must be completed by the determination void date. Unless otherwise extended, revised, or termi-nated, an FAA determinati
3、on becomes invalid on the day specified as the de-termination void date. Interested per-sons may, at least 15 days in advance of the determination void date, petition the FAA official who issued the deter-mination to: (1) Revise the determination based on new facts that change the basis on which it
4、was made; or (2) Extend the determination void date. Determinations will be furnished to the proponent, aviation officials of the state concerned, and, when appro-priate, local political bodies and other interested persons. 157.9 Notice of completion. Within 15 days after completion of any airport p
5、roject covered by this part, the proponent of such project shall notify the FAA Airport District Office or Regional Office by submission of FAA Form 50105 or by letter. A copy of FAA Form 50105 will be pro-vided with the FAA determination. PART 158PASSENGER FACILITY CHARGES (PFCS) Subpart AGeneral S
6、ec. 158.1 Applicability. 158.3 Definitions. 158.5 Authority to impose PFCs. 158.7 Exclusivity of authority. 158.9 Limitations. 158.11 Public agency request not to require collection of PFCs by a class of air car-riers or foreign air carriers or for service to isolated communities. 158.13 Use of PFC
7、revenue. 158.15 Project eligibility at PFC levels of $1, $2, or $3. 158.17 Project eligibility at PFC levels of $4 or $4.50. 158.18 Use of PFC revenue to pay for debt service for non-eligible projects. 158.19 Requirement for competition plans. 158.20 Submission of required documents. Subpart BApplic
8、ation and Approval 158.21 General. 158.23 Consultation with air carriers and foreign air carriers. 158.24 Notice and opportunity for public comment. 158.25 Applications. 158.27 Review of applications. 158.29 The Administrators decision. 158.30 PFC Authorization at Non-Hub Air-ports. 158.31 Duration
9、of authority to impose a PFC after project implementation. 158.33 Duration of authority to impose a PFC before project implementation. 158.35 Extension of time to submit applica-tion to use PFC revenue. 158.37 Amendment of approved PFC. 158.39 Use of excess PFC revenue. Subpart CCollection, Handling
10、, and Remittance of PFCs 158.41 General. 158.43 Public agency notification to collect PFCs. 158.45 Collection of PFCs on tickets issued in the U.S. 158.47 Collection of PFCs on tickets issued outside the U.S. 158.49 Handling of PFCs. 158.51 Remittance of PFCs. 158.53 Collection compensation. Subpart
11、 DReporting, Recordkeeping and Audits 158.61 General. 158.63 Reporting requirements: Public agen-cy. 158.65 Reporting requirements: Collecting air carriers. 158.67 Recordkeeping and auditing: Public agency. 158.69 Recordkeeping and auditing: Col-lecting carriers. 158.71 Federal oversight. Subpart ET
12、ermination 158.81 General. 158.83 Informal resolution. 158.85 Termination of authority to impose PFCs. 158.87 Loss of Federal airport grant funds. Subpart FReduction in Airport Improvement Program Apportionments 158.91 General. VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00720 Fmt 801
13、0 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-711 Federal Aviation Administration, DOT 158.3 158.93 Public agencies subject to reduction. 158.95 Implementation of reduction.
14、 APPENDIX A TO PART 158ASSURANCES AUTHORITY: 49 U.S.C. 106(g), 4011640117, 47106, 47111, 4711447116, 47524, 47526. SOURCE: Docket No. 26385, 56 FR 24278, May 29, 1991, unless otherwise noted. Subpart AGeneral 158.1 Applicability. This part applies to passenger facil-ity charges (PFCs) as may be appr
15、oved by the Administrator of the Federal Aviation Administration (FAA) and imposed by a public agency that con-trols a commercial service airport. This part also describes the procedures for reducing funds to a large or me-dium hub airport that imposes a PFC. Doc. No. FAA20007402, 65 FR 34540, May 3
16、0, 2000 158.3 Definitions. The following definitions apply in this part: Airport means any area of land or water, including any heliport, that is used or intended to be used for the landing and takeoff of aircraft, and any appurtenant areas that are used or in-tended to be used for airport buildings
17、 or other airport facilities or rights-of- way, together with all airport build-ings and facilities located thereon. Airport capital plan means a capital improvement program that lists air-port-related planning, development or noise compatibility projects expected to be accomplished with anticipated
18、 available funds. Airport layout plan (ALP) means a plan showing the existing and proposed airport facilities and boundaries in a form prescribed by the Administrator. Airport revenue means revenue gen-erated by a public airport (1) through any lease, rent, fee, PFC or other charge collected, direct
19、ly or indirectly, in connection with any aeronautical activity conducted on an airport that it controls; or (2) In connection with any activity conducted on airport land acquired with Federal financial assist-ance, or with PFC revenue under this part, or conveyed to such public agency under the prov
20、isions of any Federal surplus property program or any provi-sion enacted to authorize the convey-ance of Federal property to a public agency for airport purposes. Air travel ticket includes all docu-ments, electronic records, boarding passes, and any other ticketing me-dium about a passengers itiner
21、ary nec-essary to transport a passenger by air, including passenger manifests. Allowable cost means the reasonable and necessary costs of carrying out an approved project including costs in-curred prior to and subsequent to the approval to impose a PFC, and making payments for debt service on bonds
22、and other indebtedness incurred to carry out such projects. Allowable costs in-clude only those costs incurred on or after November 5, 1990. Costs of ter-minal development incurred after Au-gust 1, 1986, at an airport that did not have more than .25 percent of the total annual passenger boardings in
23、 the U.S. in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997 are al-lowable. Approved project means a project for which the FAA has approved using PFC revenue under this
24、 part. The FAA may also approve specific projects con-tained in a single or multi-phased project or development described in an airport capital plan separately. This includes projects acknowledged by the FAA under 158.30 of this part. Bond financing costs means the costs of financing a bond and incl
25、udes such costs as those associated with issuance, underwriting discount, original issue discount, capitalized interest, debt service reserve funds, initial credit en-hancement costs, and initial trustee and paying agent fees. Charge effective date means the date on which carriers are obliged to col
26、lect a PFC. Charge expiration date means the date on which carriers are to cease to col-lect a PFC. Collecting carrier means an issuing carrier or other carrier collecting a PFC, whether or not such carrier issues the air travel ticket. Collection means the acceptance of payment of a PFC from a pass
27、enger. VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00721 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-712 14 CFR Ch. I (1111 Edition) 158.3 Commercial
28、 service airport means a public airport that annually enplanes 2,500 or more passengers and receives scheduled passenger service of aircraft. Covered air carrier means an air car-rier that files for bankruptcy protec-tion or has an involuntary bankruptcy proceeding started against it after De-cember
29、 12, 2003. An air carrier that is currently in compliance with PFC re-mittance requirements and has an in-voluntary bankruptcy proceeding com-menced against it has 90 days from the date such proceeding was filed to ob-tain dismissal of the involuntary peti-tion before becoming a covered air car-rier
30、. An air carrier ceases to be a cov-ered air carrier when it emerges from bankruptcy protection. Covered airport means a medium or large hub airport at which one or two air carriers control more than 50 per-cent of passenger boardings. Debt service means payments for such items as principal and inte
31、rest, sinking funds, call premiums, periodic credit enhancement fees, trustee and paying agent fees, coverage, and remarketing fees. Exclusive long-term lease or use agree-ment means an exclusive lease or use agreement between a public agency and an air carrier or foreign air carrier with a term of
32、5 years or more. FAA Airports office means a regional, district or field office of the Federal Aviation Administration that admin-isters Federal airport-related matters. Financial need means that a public agency cannot meet its operational or debt service obligations and does not have at least a 2-m
33、onth capital reserve fund. Frequent flier award coupon means a zero-fare award of air transportation that an air carrier or foreign air car-rier provides to a passenger in ex-change for accumulated travel mileage credits in a customer loyalty program, whether or not the term frequent flier is used i
34、n the definition of that program. The definition of frequent flier award coupon does not extend to redemption of accumulated credits for awards of additional or upgraded serv-ice on trips for which the passenger has paid a published fare, two-for-the- price-of-one and similar marketing programs, or
35、to air transportation pur-chased for a passenger by other parties. Ground support equipment means serv-ice and maintenance equipment used at an airport to support aeronautical op-erations and related activities. Bag-gage tugs, belt loaders, cargo loaders, forklifts, fuel trucks, lavatory trucks, and
36、 pushback tractors are among the types of vehicles that fit this defini-tion. Implementation of an approved project means: (1) With respect to construc-tion, issuance to a contractor of notice to proceed or the start of physical con-struction; (2) with respect to non-construction projects other than
37、 prop-erty acquisition, commencement of work by a contractor or public agency to carry out the statement of work; or (3) with respect to property acquisition projects, commencement of title search, surveying, or appraisal for a significant portion of the property to be acquired. Issuing carrier mean
38、s any air carrier or foreign air carrier that issues an air travel ticket or whose imprinted ticket stock is used in issuing such ticket by an agent. Medium or large hub airport means a commercial service airport that has more than 0.25 percent of the total number of passenger boardings at all such
39、airports in the U.S. for the prior calendar year, as determined by the Administrator. Non-hub airport means a commercial service airport (as defined in 49 U.S.C. 47102) that has less than 0.05 percent of the passenger boardings in the U.S. in the prior calendar year on an aircraft in service in air
40、commerce. Nonrevenue passenger means a pas-senger receiving air transportation from an air carrier or foreign air car-rier for which remuneration is not re-ceived by the air carrier or foreign air carrier as defined under Department of Transportation Regulations or as oth-erwise determined by the Ad
41、minis-trator. Air carrier employees or others receiving air transportation against whom token service charges are levied are considered nonrevenue passengers. Infants for whom a token fare is charged are also considered nonrevenue passengers. VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Fr
42、m 00722 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-713 Federal Aviation Administration, DOT 158.7 Notice of intent (to impose or use PFC revenue) means a notice un
43、der 158.30 from a public agency controlling a non- hub airport that it intends to impose a PFC and/or use PFC revenue. Except for 158.25 through 30, notice of in-tent can be used interchangeably with application. One-way trip means any trip that is not a round trip. Passenger enplaned means a domest
44、ic, territorial or international revenue passenger enplaned in the States in scheduled or nonscheduled service on 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 serv
45、ice airport it con-trols. PFC administrative support costs means the reasonable and necessary costs of developing a PFC application or amendment, issuing and maintain-ing the required PFC records, and per-forming the required audit of the pub-lic agencys PFC account. These costs may include reasonab
46、le monthly finan-cial account charges and transaction fees. Project means airport planning, air-port land acquisition or development of a single project, a multi-phased devel-opment program, (including but not limited to development described in an airport capital plan) or a new airport for which PF
47、C financing is sought or approved under this part. Public agency means a State or any agency of one or more States; a mu-nicipality or other political subdivision of a State; an authority created by Federal, State or local law; a tax-sup-ported organization; an Indian tribe or pueblo that controls a
48、 commercial service airport; or for the purposes of this part, a private sponsor of an air-port approved to participate in the Pilot Program on Private Ownership of Airports. Round trip means a trip on a com-plete air travel itinerary which termi-nates at the origin point. Significant business inter
49、est 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
