Resolution No. 3809, Passenger Facility Charge Program SEA Page 1 of 3
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PORT OF SEATTLE 4
RESOLUTION NO. 3809 5
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A RESOLUTION of the Port of Seattle Commission amending resolution 7
No. 3464 authorizing extension of the Passenger Facility 8
Charge Program at Seattle-Tacoma International Airport, 9
effective January 1, 2023. 10
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WHEREAS, the voters of King County authorized and approved the formation of a port 12
district coterminous with King County to be known as the Port of Seattle in a special election on 13
September 5, 1911; and 14
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WHEREAS, the Port of Seattle Commission (Commission) is the legally constituted 16
governing body of the Port of Seattle; and 17
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WHEREAS, the Port of Seattle (Port) owns and operates Seattle-Tacoma International 19
Airport (SEA) located in King County, Washington, and 20
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WHEREAS, pursuant to Section 40117 of Title 49 of the United States Code (as 22
amended, the “Act”), certain airports, including SEA, are authorized to impose and use a 23
passenger facility charge (PFC) on eligible enplaned passengers at the airport with approval of 24
the Federal Aviation Administration (FAA); and 25
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WHEREAS, the Commission has authorized the submission to the FAA of applications 27
to impose and use PFCs for eligible passengers enplaning at SEA and the FAA has granted the 28
Port authorization to impose and use PFCs at SEA; and 29
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WHEREAS, Congress has prohibited collection of PFCs from frequent flyer award 31
passengers pursuant to the Federal Aviation Administration Reauthorization Act of 1994, 32
Pub. L. 103-260; and 33
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WHEREAS, on April 5, 2000, President Clinton signed into law the “Wendell H. Ford 35
Aviation Investment and Reform Act for the 21st Century” which allows a public agency to apply 36
to the FAA to increase the PFC level that it may charge to $4.00 or $4.50; and 37
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WHEREAS, SEA is a commercial service airport as that phrase is defined in Title 14 of 39
the Code of Federal Regulations Part 158, as adopted by the FAA, being a public airport 40
enplaning 2,500 or more scheduled air passengers per year; and 41
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Item Number: 10e_reso
Meeting Date: November 29, 2022
Resolution No. 3809, Passenger Facility Charge Program SEA Page 2 of 3
WHEREAS, the FAA has approved certain amendments to SEA’s PFC applications 44
allowing SEA to collected PFCs at the $4.50 level; and 45
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WHEREAS, the Port will require substantial expenditure for capital development of SEA 47
facilities to meet the future projected demand for passenger air travel; and 48
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WHEREAS, the Port anticipates continuing to use PFC revenue in funding the capital 50
development of SEA in accordance with the Act and applicable FAA rules and regulations. 51
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NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as 53
follows: 54
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SECTION 1. It is in the Port’s best economic interest and in the interest of airline passengers 56
that the Port continue the Passenger Facility Charge (PFC) Program first authorized by 57
Commission by adoption of Resolution No. 3099, on December 10, 1991, further extended by 58
adoption of Resolution No. 3143 on May 25, 1993, Resolution No. 3199 on July 25, 1995, 59
Resolution No. 3253 on October 28, 1997, and Resolution No. 3464 on September 25, 2001, and 60
as identified in the Act to preserve and enhance capacity, safety, security, reduce-mitigate noise, 61
and enhance competition at SEA; and 62
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SECTION 2. Notwithstanding the collection expiration date of December 31, 2022, set forth in 64
Resolution No. 3464, the Commission resolves that there shall continue to be implemented a 65
Passenger Facility Charge (PFC) Program at SEA consistent with the FAA-approved PFC 66
applications for SEA. Port staff is hereby authorized to make any necessary application for, and to 67
take all steps required to continue implementing the PFC Program in accordance with the Act and 68
applicable FAA rules and regulations, which PFC Program shall impose a PFC of $4.50 upon each 69
eligible enplaned passenger at SEA, in accordance with the Act and applicable FAA rules and 70
regulations, as approved by the FAA. 71
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SECTION 3. The fees to be implemented pursuant to this Resolution No. 3809 are reasonable for 73
the use of the SEA facilities by the general travelling public; and 74
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SECTION 4. The PFC authorized herein shall be collected and disbursed at SEA pursuant to the 76
Act and the rules and regulations adopted by the FAA pursuant to such statute; and 77
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SECTION 5. All PFCs collected pursuant to this Resolution No. 3809 shall be expended for 79
projects separately authorized in accordance with Port policies and determined by the FAA to be 80
eligible under the Act and applicable rules and regulations for financing with PFCs. 81
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SECTION 6. The PFC Program authorized herein shall continue in effect unless and until 83
modified or terminated by action of this Commission, or the earlier termination or expiration of 84
the Port’s authority, as issued by the FAA, to impose and/or use PFCs. 85
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Resolution No. 3809, Passenger Facility Charge Program SEA Page 3 of 3
ADOPTED by the Port of Seattle Commission at a duly noticed public meeting thereof, 88
held this 29th day of November 2022, and duly authenticated in open session by the signatures of 89
the commissioners voting in favor thereof and the seal of the commission. 90
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Port of Seattle Commission 102
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