Appendix A to Part 158 - Assurances
14:3.0.1.3.28.8.3.1.77 : Appendix A
Appendix A to Part 158 - Assurances
A. 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.
B. 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.
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]