Notice and opportunity for public comment.
(a) (1) Notice by public agency. A public agency must provide written notice and an opportunity for public comment before:
(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);
(iii) Filing a notice of intent to impose and/or use a PFC under § 158.30; and
(iv) Filing a request to amend a previously approved PFC as discussed in § 158.37(b)(1).
(2) The notice must allow the public to file comments for at least 30 days, but no more than 45 days, after the date of publication of the notice or posting on the public agency's Web site, as applicable.
(b) (1) Notice contents. The notice required by § 158.24(a) must include:
(i) A description of the project(s) the public agency is considering for funding by PFC's;
(ii) A brief justification for each project the public agency is considering for funding by PFC's;
(iii) The PFC level for each project;
(iv) The estimated total PFC revenue the public agency will use for each project;
(v) The proposed charge effective date for the application or notice of intent;
(vi) The estimated charge expiration date for the application or notice of intent;
(vii) The estimated total PFC revenue the public agency will collect for the application or notice of intent; and
(viii) The name of and contact information for the person within the public agency to whom comments should be sent.
(2) The public agency must make available a more detailed project justification or the justification documents to the public upon request.
(c) Distribution of notice. The public agency must make the notice available to the public and interested agencies through one or more of the following methods:
(1) Publication in local newspapers of general circulation;
(2) Publication in other local media;
(3) Posting the notice on the public agency's Internet Web site; or
(4) Any other method acceptable to the Administrator.
[Doc. No. FAA-2004-17999, 70 FR 14934, Mar. 23, 2005]