---
kind: "section"
citation: "14 C.F.R. § 158.29"
title: "14"
number: "158.29"
heading: "The Administrator's decision."
url: "https://uscodex.org/cfr/14/158.29"
---

# §158.29. The Administrator's decision.

- (a) **Authority to impose a PFC.**
  - (1) An application to impose a PFC will be approved in whole or in part only after a determination that—
    - (i) The amount and duration of the PFC will not result in revenue that exceeds amounts necessary to finance the project;
    - (ii) The project will achieve the objectives and criteria set forth in [§ 158.15](/cfr/14/158.15.md) except for those projects approved under [§ 158.18](/cfr/14/158.18.md).
    - (iii) If a PFC level above $3 is being approved, the project meets the criteria set forth in [§ 158.17](/cfr/14/158.17.md);
    - (iv) The collection process, including any request by the public agency not to require a class of carriers to collect PFC's, is reasonable, not arbitrary, nondiscriminatory, and otherwise in compliance with the law;
    - (v) The public agency has not been found to be in violation of 49 U.S.C. [47524](/usc/49/47524.md) and [47526](/usc/49/47526.md);
    - (vi) The public agency has not been found to be in violation of [49 U.S.C. 47107(b)](/usc/49/47107.md?p=b) governing the use of airport revenue;
    - (vii) If the public agency has not applied for authority to use PFC revenue, a finding that there are alternative uses of the PFC revenue to ensure that such revenue will be used on approved projects; and
    - (viii) If applicable, the public agency has submitted a competition plan in accordance with [§ 158.19](/cfr/14/158.19.md).
  - (2) **The Administrator notifies the public agency in writing of the decision on the application.** The notification will list the projects and alternative uses that may qualify for PFC financing under [§ 158.15](/cfr/14/158.15.md), and (if a PFC level above $3 is being approved) [§ 158.17](/cfr/14/158.17.md), PFC level, total approved PFC revenue including the amounts approved at $3 and less, $4, and/or $4.50, duration of authority to impose and earliest permissible charge effective date.
- (b) **Authority to use PFC revenue on an approved project.**
  - (1) An application for authority to use PFC revenue will be approved in whole or in part only after a determination that—
    - (i) The amount and duration of the PFC will not result in revenue that exceeds amounts necessary to finance the project;
    - (ii) The project will achieve the objectives and criteria set forth in [§ 158.15](/cfr/14/158.15.md) except for those projects approved under [§ 158.18](/cfr/14/158.18.md).
    - (iii) If a PFC level above $3 is being approved, the project meets the criteria set forth in [§ 158.17](/cfr/14/158.17.md); and
    - (iv) All applicable requirements pertaining to the ALP for the airport, airspace studies for the project, and the National Environmental Policy Act of 1969 (NEPA), have been satisfied.
  - (2) **The Administrator notifies the public agency in writing of the decision on the application.** The notification will list the approved projects, PFC level, total approved PFC revenue, total approved for collection, including the amounts approved at $3 and less, $4, and/or $4.50, and any limit on the duration of authority to impose a PFC as prescribed under [§ 158.33](/cfr/14/158.33.md).
  - (3) Approval to use PFC revenue to finance a project shall be construed as approval of that project.
- (c) **Disapproval of application.**
  - (1) If an application is disapproved, the Administrator notifies the public agency in writing of the decision and the reasons for the disapproval.
  - (2) A public agency reapplying for approval to impose or use a PFC must comply with §§ [158.23](/cfr/14/158.23.md), [158.24](/cfr/14/158.24.md), and [158.25](/cfr/14/158.25.md).
- (d) The Administrator publishes a monthly notice of PFC approvals and disapprovals in the Federal Register.

## Notes

### Amendments

[Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-3, 70 FR 14936, Mar. 23, 2005; Amdt. 158-4, 72 FR 28848, May 23, 2007]

### Authority

Authority: 49 U.S.C. 106(g), 40116-40117, 47106, 47111, 47114-47116, 47524, 47526.

### Source

Source: Docket 26385, 56 FR 24278, May 29, 1991, unless otherwise noted.

### Amendments

[Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-3, 70 FR 14936, Mar. 23, 2005; Amdt. 158-4, 72 FR 28848, May 23, 2007]