STREAMLINING OF THE PASSENGER FACILITY FEE PROGRAM.

SEC. 123. STREAMLINING OF THE PASSENGER FACILITY FEE PROGRAM.(a) Application Requirements.—Section 40117(c) is amended—(1) by adding at the end of paragraph (2) the following:“(E) The agency must include in its application or notice submitted under subparagraph (A) copies of all certifications of agreement or disagreement received under subparagraph (D).“(F) For the purpose of this section, an eligible agency providing notice and an opportunity for consultation to an air carrier or foreign air carrier is deemed to have satisfied the requirements of this paragraph if the eligible agency limits such notices and consultations to air carriers and foreign air carriers that have a significant business interest at the airport. In the subparagraph, the term ‘significant business interest’ means an air carrier or foreign air carrier that had no less than 1.0 percent of passenger boardings at the airport in the prior calendar year, had at least 25,000 passenger boardings at the airport in the prior calendar year, or provides scheduled service at the airport.”;(2) by redesignating paragraph (3) as paragraph (4);(3) by inserting after paragraph (2) the following:117 STAT. 2501 “(3) Before submitting an application, the eligible agency must provide reasonable notice and an opportunity for public comment. The Secretary shall prescribe regulations that define reasonable notice and provide for at least the following under this paragraph:“(A) A requirement that the eligible agency provide public notice of intent to collect a passenger facility fee so as to inform those interested persons and agencies that may be affected. The public notice may include—“(i) publication in local newspapers of general circulation;“(ii) publication in other local media; and“(iii) posting the notice on the agency’s Internet website.“(B) A requirement for submission of public comments no sooner than 30 days, and no later than 45 days, after the date of the publication of the notice.“(C) A requirement that the agency include in its application or notice submitted under subparagraph (A) copies of all comments received under subparagraph (B).”; and(4) in the first sentence of paragraph (4) (as redesignated by paragraph (2) of this subsection) by striking “shall” and inserting “may”.(b) Pilot Program for Passenger Facility Fee Authorizations at Nonhub Airports.—Section 40117 is amended by adding at the end the following:“(l) Pilot Program for Passenger Facility Fee Authorizations at Nonhub Airports.—“(1) In general.—The Secretary shall establish a pilot program to test alternative procedures for authorizing eligible agencies for nonhub airports to impose passenger facility fees. An eligible agency may impose in accordance with the provisions of this subsection a passenger facility fee under this section. For purposes of the pilot program, the procedures in this subsection shall apply instead of the procedures otherwise provided in this section.“(2) Notice and opportunity for consultation.—The eligible agency must provide reasonable notice and an opportunity for consultation to air carriers and foreign air carriers in accordance with subsection (c)(2) and must provide reasonable notice and opportunity for public comment in accordance with subsection (c)(3).“(3) Notice of intention.—The eligible agency must submit to the Secretary a notice of intention to impose a passenger facility fee under this subsection. The notice shall include—“(A) information that the Secretary may require by regulation on each project for which authority to impose a passenger facility fee is sought;“(B) the amount of revenue from passenger facility fees that is proposed to be collected for each project; and“(C) the level of the passenger facility fee that is proposed.“(4) Acknowledgement of receipt and indication of objection.—The Secretary shall acknowledge receipt of the 117 STAT. 2502 notice and indicate any objection to the imposition of a passenger facility fee under this subsection for any project identified in the notice within 30 days after receipt of the eligible agency’s notice.“(5) Authority to impose fee.—Unless the Secretary objects within 30 days after receipt of the eligible agency’s notice, the eligible agency is authorized to impose a passenger facility fee in accordance with the terms of its notice under this subsection.“(6) Regulations.—Not later than 180 days after the date of enactment of this subsection, the Secretary shall propose such regulations as may be necessary to carry out this subsection.“(7) Sunset.—This subsection shall cease to be effective beginning on the date that is 3 years after the date of issuance of regulations to carry out this subsection.“(8) Acknowledgement not an order.—An acknowledgement issued under paragraph (4) shall not be considered an order issued by the Secretary for purposes of section 46110.”.(c) Clarification of Applicability of PFC’s to Military Charters.—Section 40117(e)(2) is amended—(1) by striking the period at the end of subparagraph (C) and inserting a semicolon;(2) by striking “and” at the end of subparagraph (D);(3) by striking the period at the end of subparagraph (E) and inserting “; and”; and(4) by adding after subparagraph (E) the following:“(F) enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement due to charter arrangements and payment by the Department of Defense.”.(d) Technical Amendments.—Section 40117(a)(3)(C) is amended—(1) by striking “for costs” and inserting “A project for costs”; and(2) by striking the semicolon and inserting a period.(e) Eligibility of Airport Ground Access Transportation Projects.—Not later than 60 days after the enactment of this Act, the Administrator of the Federal Aviation Administration shall publish in the Federal Register the current policy of the Administration, consistent with current law, with respect to the eligibility of airport ground access transportation projects for the use of passenger facility fees under section 40117 of title 49, United States Code.