Update and Clarification of the Passenger Facility Charge Regulations
Key claim: The Federal Aviation Administration is proposing updated regulations for the Passenger Facility Charge program to add new eligible airport projects, adjust turnback reductions, and streamline agency review timelines in accordance with the FAA Reauthorization Act of 2024.
Abstract
(Proposed Rule · Transportation Department, Federal Aviation Administration) On September 27, 2023 FAA published a notice of proposed rulemaking (NPRM) to amend its Passenger Facility Charge (PFC) regulations to implement congressionally mandated changes to an existing pilot program within the PFC program. FAA also proposed to reaffirm existing program requirements and update or remove obsolete references within the PFC regulations. Following publication of the NPRM and before FAA issued a final rule, the FAA Reauthorization Act of 2024 (the 2024 Act) was signed into law on May 16, 2024. Several sections of the 2024 Act necessitate changes to PFC regulations or modifications to proposals made in the NPRM. As such, FAA now issues this supplemental proposal addressing: PFC turnback reductions; two new PFC-eligible projects; restrictions to PFC-eligible projects; FAA’s timeline for review and acknowledgement of notice of intent (NOI) submissions; PFC streamlining review eligibility; and PFC submittal requirements. This proposal aligns with the requirements established by the 2024 Act.
Why this matters
The proposal would change which airport projects can receive Passenger Facility Charge funding and how FAA reviews those funding requests, potentially affecting airport capital planning and project timing. It also addresses turnback reductions under the FAA Reauthorization Act of 2024, but the proposed rule does not establish completed projects or demonstrated safety improvements.