Sec. 776. PASSENGER FACILITY CHARGE STREAMLINING
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## SEC. 776 PASSENGER FACILITY CHARGE STREAMLINING ###
(a)In General Section 40117 of title 49, United States Code, is amended— ####
(1)in subsection (b)— #####
(A)in paragraph (1)— ######
(i)by striking “The Secretary” and inserting “Except as provided under subsection (l), the Secretary”; and ######
(ii)by striking “$1, $2, or $3” and inserting “$1, $2, $3, $4, or $4.50”; #####
(B)by striking paragraph (4); #####
(C)by redesignating paragraphs
(5)through
(7)as paragraphs
(4)through (6), respectively; #####
(D)in paragraph (5), as so redesignated— ######
(i)by striking “paragraphs
(1)and (4)” and inserting “paragraph (1)”; and ######
(ii)by striking “paragraph
(1)or (4)” and inserting “paragraph (1)”; and #####
(E)in paragraph (6)(A), as so redesignated— ######
(i)by striking “paragraphs (1), (4), and (6)” and inserting “paragraphs
(1)and (5)”; and ######
(ii)by striking “paragraph
(1)or (4)” and inserting “paragraph (1)”; ####
(2)in subsection (e)(1)— #####
(A)in subparagraph
(A)by inserting “or a passenger facility charge imposition is authorized under subsection (l)” after “of this section”; and #####
(B)in subparagraph
(B)by inserting “reasonable” after “subject to”; and ####
(3)in subsection (l)— #####
(A)in the subsection heading, by striking “Pilot Program for Passenger Facility Charge Authorizations” and inserting “Passenger Facility Charge Streamlining”; #####
(B)by striking paragraph
(1)and inserting the following: > > #### “(1) In general > > > ##### “(A) Regulations > > The Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges. > > > ##### “(B) Passenger facility charge > > An eligible agency may impose a passenger facility charge of $1, $2, $3, $4, or $4.50 in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section.” > ; #####
(C)by striking paragraph
(4)and inserting the following: > > #### “(4) Acknowledgment of receipt and indication of objection > > > ##### “(A) In general > > The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 60 days after receipt of the eligible agency’s notice. > > > ##### “(B) Prohibited objection > > The Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, if the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) do not exceed the total cost of the project. > > > ##### “(C) Allowed objection > > The Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that— > > > ###### “(i) > > establishes significant policy precedent; > > > ###### “(ii) > > raises significant legal issues; > > > ###### “(iii) > > garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities; > > > ###### “(iv) > > raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475; > > > ###### “(v) > > includes multimodal components; or > > > ###### “(vi) > > serves no aeronautical purpose.” > ; #####
(D)by striking paragraph (6); and #####
(E)by redesignating paragraph
(7)as paragraph (6). ###
(b)Rulemaking **[**[49 U.S.C. 40117 note](/us/usc/t49/s40117)**]** Not later than 120 days after the date of enactment of this Act, the Administrator shall initiate a rulemaking to implement the amendments made by subsection (a). ###
(c)Interim Guidance **[**[49 U.S.C. 40117 note](/us/usc/t49/s40117)**]** The interim guidance established in the memorandum of the FAA titled “PFC 73-20. Streamlined Procedures for Passenger Facility Charge
(PFC)Authorizations at Small-, Medium-, and Large-Hub Airports”, issued on January 22, 2020, including any modification to such guidance necessary to conform with the amendments made by subsection (a), shall remain in effect until the effective date of the final rule issued under subsection (b). ## Subtitle C Noise And Environmental Programs And Streamlining
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Sec. 776
PASSENGER FACILITY CHARGE STREAMLINING
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