14 Cfr 158

Appendix A to Part 158, Title 14 (up to date as of 11/15/2022)
Assurances

Appendix A to Part 158, Title 14

This content is from the eCFR and is authoritative but unofficial.

Title 14 - Aeronautics and Space
Chapter I - Federal Aviation Administration, Department of Transportation
Subchapter I - Airports
Part 158 - Passenger Facility Charges (PFC's)
Authority: 49 U.S.C. 106(g), 40116-40117, 47106, 47111, 47114-47116, 47524, 47526.
Source: Docket No. 26385, 56 FR 24278, May 29, 1991, unless otherwise noted.

Appendix A to Part 158 - Assurances
A.

B.

General.
1.

These assurances shall be complied with in the conduct of a project funded with passenger facility
charge (PFC) revenue.

2.

These assurances are required to be submitted as part of the application for approval of authority to
impose a PFC under the provisions of 49 U.S.C. 40117.

3.

Upon approval by the Administrator of an application, the public agency is responsible for
compliance with these assurances.

Public agency certification. The public agency hereby assures and certifies, with respect to this project
that:
1.

Responsibility and authority of the public agency. It has legal authority to impose a PFC and to
finance and carry out the proposed project; that a resolution, motion or similar action has been duly
adopted or passed as an official act of the public agency's governing body authorizing the filing of
the application, including all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the public agency to act in
connection with the application.

2.

Compliance with regulation. It will comply with all provisions of 14 CFR part 158.

3.

Compliance with state and local laws and regulations. It has complied, or will comply, with all
applicable State and local laws and regulations.

4.

Environmental, airspace and airport layout plan requirements. It will not use PFC revenue on a
project until the FAA has notified the public agency that (a) Any actions required under the National Environmental Policy Act of 1969 have been
completed;
(b) The appropriate airspace finding has been made; and
(c) The FAA Airport Layout Plan with respect to the project has been approved.

5.

Nonexclusivity of contractual agreements. It will not enter into an exclusive long-term lease or use
agreement with an air carrier or foreign air carrier for projects funded by PFC revenue. Such leases or
use agreements will not preclude the public agency from funding, developing, or assigning new
capacity at the airport with PFC revenue.

14 CFR Appendix-A-to-Part-158 B.5. (enhanced display)

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Appendix A to Part 158, Title 14 (up to date as of 11/15/2022)
Assurances

14 CFR Appendix-A-to-Part-158 B.6.

6.

Carryover provisions. It will not enter into any lease or use agreement with any air carrier or foreign
air carrier for any facility financed in whole or in part with revenue derived from a passenger facility
charge if such agreement for such facility contains a carryover provision regarding a renewal option
which, upon expiration of the original lease, would operate to automatically extend the term of such
agreement with such carrier in preference to any potentially competing air carrier or foreign air
carrier seeking to negotiate a lease or use agreement for such facilities.

7.

Competitive access. It agrees that any lease or use agreements between the public agency and any
air carrier or foreign air carrier for any facility financed in whole or in part with revenue derived from a
passenger facility charge will contain a provision that permits the public agency to terminate the
lease or use agreement if (a) The air carrier or foreign air carrier has an exclusive lease or use agreement for existing
facilities at such airport; and
(b) Any portion of its existing exclusive use facilities is not fully utilized and is not made available
for use by potentially competing air carriers or foreign air carriers.

8.

Rates, fees and charges.
(a) It will not treat PFC revenue as airport revenue for the purpose of establishing a rate, fee or
charge pursuant to a contract with an air carrier or foreign air carrier.
(b) It will not include in its rate base by means of depreciation, amortization, or any other method,
that portion of the capital costs of a project paid for by PFC revenue for the purpose of
establishing a rate, fee or charge pursuant to a contract with an air carrier or foreign air carrier.
(c) Notwithstanding the limitation provided in subparagraph (b), with respect to a project for
terminal development, gates and related areas, or a facility occupied or used by one or more air
carriers or foreign air carriers on an exclusive or preferential basis, the rates, fees, and charges
payable by such carriers that use such facilities will be no less than the rates, fees, and charges
paid by such carriers using similar facilities at the airport that were not financed by PFC
revenue.

9.

Standards and specifications. It will carry out the project in accordance with FAA airport design,
construction and equipment standards and specifications contained in advisory circulars current on
the date of project approval.

10. Recordkeeping and Audit. It will maintain an accounting record for audit purposes for 3 years after
physical and financial completion of the project. All records must satisfy the requirements of 14 CFR
part 158 and contain documentary evidence for all items of project costs.
11. Reports. It will submit reports in accordance with the requirements of 14 CFR part 158, subpart D,
and as the Administrator may reasonably request.
12. Compliance with 49 U.S.C. 47523 through 47528. It understands 49 U.S.C. 47524 and 47526 require
that the authority to impose a PFC be terminated if the Administrator determines the public agency
has failed to comply with those sections of the United States Code or with the implementing
regulations published under the Code.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000; Amdt. 158-4, 72 FR 28851,
May 23, 2007]

14 CFR Appendix-A-to-Part-158 B.12. (enhanced display)

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