PUBLIC LAW 108–176—DEC. 12, 2003
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
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