Page:United States Statutes at Large Volume 117.djvu/2521

 117 STAT. 2502

Deadline.

Deadline.

Deadline. Federal Register, publication. 49 USC 40117 note.

PUBLIC LAW 108–176—DEC. 12, 2003

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. SEC. 124. FINANCIAL MANAGEMENT OF PASSENGER FACILITY FEES.

Section 40117 is further amended by adding at the end the following: ‘‘(m) FINANCIAL MANAGEMENT OF FEES.— ‘‘(1) HANDLING OF FEES.—A covered air carrier shall segregate in a separate account passenger facility revenue equal to the average monthly liability for fees collected under this section by such carrier or any of its agents for the benefit of the eligible agencies entitled to such revenue. ‘‘(2) TRUST FUND STATUS.—If a covered air carrier or its agent fails to segregate passenger facility revenue in violation of the subsection, the trust fund status of such revenue shall

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