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Federal Aviation Administration, DOT 

§ 158.24 

also establishes the procedure for the 
Administrator’s review and approval of 
applications and amendments and es-
tablishes requirements for use of excess 
PFC revenue. 

§ 158.23

Consultation with air carriers 

and foreign air carriers. 


Notice by public agency. 

A public 

agency must provide written notice to 
air carriers and foreign air carriers 
having a significant business interest 
at the airport where the PFC is pro-
posed. A public agency must provide 
this notice before the public agency 
files an application with the FAA for 
authority to impose a PFC under 
§ 158.25(b). In addition, public agencies 
must provide this notice before filing 
an application with the FAA for au-
thority to use PFC revenue under 
§ 158.25(c). Public agencies must also 
provide this notice before filing a no-
tice of intent to impose and/or use a 
PFC under § 158.30. Finally, a public 
agency must provide this notice before 
filing a request to amend the FAA’s de-
cision with respect to an approved PFC 
as discussed in § 158.37(b)(1). The notice 
shall include: 

(1) Descriptions of projects being con-

sidered for funding by PFC’s; 

(2) The PFC level for each project, 

the proposed charge effective date, the 
estimated charge expiration date, and 
the estimated total PFC revenue; 

(3) For a request by a public agency 

that any class or classes of carriers not 
be required to collect the PFC— 

(i) The designation of each such 


(ii) The names of the carriers belong-

ing to each such class, to the extent 
the names are known, 

(iii) The estimated number of pas-

sengers enplaned annually by each 
such class, and 

(iv) The public agency’s reasons for 

requesting that carriers in each such 
class not be required to collect the 
PFC; and 

(4) Except as provided in § 158.25(c)(2), 

the date and location of a meeting at 
which the public agency will present 
such projects to air carriers and for-
eign air carriers operating at the air-



The meeting required by 

paragraph (a)(4) of this section shall be 

held no sooner than 30 days nor later 
than 45 days after issuance of the writ-
ten notice required by paragraph (a) of 
this section. At or before the meeting, 
the public agency shall provide air car-
riers and foreign air carriers with— 

(1) A description of projects; 
(2) An explanation of the need for the 

projects; and 

(3) A detailed financial plan for the 

projects, including— 

(i) The estimated allowable project 

costs allocated to major project ele-

(ii) The anticipated total amount of 

PFC revenue that will be used to fi-
nance the projects; and 

(iii) The source and amount of other 

funds, if any, needed to finance the 


Requirements of air carriers and for-

eign air carriers. 

(1) Within 30 days fol-

lowing issuance of the notice required 
by paragraph (a) of this section, each 
carrier must provide the public agency 
with a written acknowledgement that 
it received the notice. 

(2) Within 30 days following the meet-

ing, each carrier must provide the pub-
lic agency with a written certification 
of its agreement or disagreement with 
the proposed project. A certification of 
disagreement shall contain the reasons 
for such disagreement. The absence of 
such reasons shall void a certification 
of disagreement. 

(3) If a carrier fails to provide the 

public agency with timely acknowl-
edgement of the notice or timely cer-
tification of agreement or disagree-
ment with the proposed project, the 
carrier is considered to have certified 
its agreement. 

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as 
amended by Amdt. 158–2, 65 FR 34541, May 30, 
2000; Amdt. 158–3, 70 FR 14934, Mar. 23, 2005] 

§ 158.24

Notice and opportunity for 

public comment. 


Notice by public agency. 

A public 

agency must provide written notice 
and an opportunity for public comment 

(i) Filing an application with the 

FAA for authority to impose a PFC 
under § 158.25(b); 

(ii) Filing an application with the 

FAA for authority to use PFC revenue 
under § 158.25(c); 

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